LAFCO move will stall Carmel Valley incorporation for three years.

Last week, the members of the Local Agency Formation Commissioners (LAFCO) seemed to borrow a page from the playbook of the County Board of Supervisors—citing the threat of a lawsuit to deny Carmel Valley residents a vote on incorporation.

Five of the seven commissioners (including County Supervisors Lou Calcagno and Jerry Smith, who also sit on the LAFCO board) voted on Wednesday, Oct. 18, to require an Environmental Impact Report before a vote can go forward.

In doing so, they reversed a unanimous decision they made last December, which said such a report would be unnecessary. They also ignored an independent experts’ report, which said the same thing. And they also ignored their own executive officer’s recommendation.

Commissioners did, however, heed a letter from attorney Tony Lombardo, which said “an environmental impact report on the proposal to incorporate Carmel Valley must be prepared.” Lombardo represents numerous property owners in and near the mouth of Carmel Valley. While his letter contained no threat to sue, Lombardo warned in a previous letter, dated May 22, that allowing an incorporation vote would “likely violate state law.”

Shortly after receiving that letter, LAFCO officials asked incorporation proponents for an indemnification agreement—intended to protect LAFCO, the county and cities against potential legal challenges—plus a $500,000 deposit as a guarantee. The request for the $500,000 was later withdrawn.

Kate McKenna, LAFCO’s executive officer, said then: “We have received several statements regarding potential litigation from different sources.”

In addition to footing the bill for the EIR, proponents will also have to pay for a fiscal analysis, a service plan update and some LAFCO staff and legal costs. These new costs will total around $365,000, in addition to the $150,000 proponents have spent to date.

Instead of voting on the issue next June, Carmel Valley residents aren’t likely to see the proposal on the ballot for another three and a half years.