LAFCO MINUTES: September 25, 2002LAFCo MINUTES FOR September 25, 2002
COMMISSIONERS PRESENT: Cherie Arkley, Vern Cooney, Roy Curless, Virginia Graziani, Richard Leonard, Marty McClelland, Bonnie Neely, Bill Strickland, & John Woolley
COMMISSIONERS ABSENT: Jeff Farley & Roger Rodoni
STAFF PRESENT: Kirk Gothier, LAFCo Staff Carolyn Ruth, LAFCo Counsel Sharyn Lodes, LAFCo Clerk
The meeting was called to order at 9:00 a.m. in the Board of Supervisor's Chambers, County Courthouse, Chairman McClelland presiding.
4. APPROVAL OF MINUTES OF May 22, 2002
THE MOTION WAS MADE (Wooley/Curless) to approve the Minutes from the May 22, 2002 meeting.
THE MOTION PASSED 6-0-2. Neely & Graziani abstain. Alternate Strickland present, but not voting.
5A PUBLIC HEARINGS: EXTENSION OF SERVICES FOR PALMER CREEK CSD Kirk Gothier, LAFCo staff, introduced supplemental plus summarized changes to the staff report and revised Resolution #02-03. Carolyn Ruth, LAFCo Counsel, also explained the revisions to Resolution #02-03. Staff and Counsel determined the applicant is not supporting or inducing development, but requesting water for agricultural uses. Therefore, this project does not need LAFCo approval, only Palmer Creek CSD approval. Supervisor Wooley wanted assurance an appeals process was in place if CSD denies approval for agricultural water assistance. Staff would check into this.
The Public Hearing was opened. Lorna Hall, Tompkins Hill Road resident, wanted clarification on the extension of water and sewer to residents of the Tompkins Hill area. Staff detailed the restrictions and explained there would be no water or sewer extensions granted to residents at this time. The Public Hearing was closed.
THE MOTION WAS MADE (Wooley/Neely) to adopt Resolution #02-03 without protest.
THE MOTION PASSED 7-0 WITH A ROLL CALL VOTE. Alternates Strickland & Graziani present, but not voting.
5B. PUBLIC HEARINGS: GUIDELINES FOR PROVISION OF NEW AND EXTENDED SERVICES Kirk Gothier summarized the changes to the "Provision of Services by Contract" guidelines. Supplemental was introduced to the Commission. Staff and Commissioners discussed the changes at length.
The Public Hearing was opened. Charles Clark, Fortuna Public Works Director, presented a history of restrictions the PUC placed on the City of Fortuna when the Campton Heights Water Department was purchased. Mr. Clark believes the City is exempt from LAFCo extension guidelines for the Campton Heights/Rohnerville Area. Duane Rigge, representing the City of Blue Lake, gave a brief history of the City water development through annexation and along Blue Lake Boulevard. Also discussed were failures to on-site sewage disposal systems. Bob Higgons, NCHB, made comments on findings and evidence wording and what constituted public health and safety issues. Thomas Cook, Humboldt CDS representative, has applied this discretion for agricultural uses (not inducing growth) outside our sphere without LAFCo approval. The definition of a qualified professional, regarding health and safety issues should be included in the procedures. Individual connections are deterred by the huge dollar amount required. The Public Hearing was closed.
Staff and Commission discussed imminent health and safety problems. There are 2 distinct findings with "or" between 1 and 2. Eliminate finding 3. Under Threat to Public Health and Safety point 2 needs "other alternatives considered," and the request is initiated by the public entity proposed to provide the service. Evidence bullets require "and" between each for clarification. Staff and Counsel were directed to rework finding three so it's expressed as criteria which LAFCo believes growth inducement or support would be evident.
BY ORDER OF THE CHAIR, this public hearing is continued to December 4, 2002 for further consideration.
6A. NEW BUSINESS: RESOLUTION OF COMMENDATIOIN FOR MERVIN MOE Kirk Gothier read the Resolution of Commendation into the record.
Mr. Moe graciously accepted the commendation and thanked the Commission.
6B. NEW BUSINESS: BUDGET PROGRESS REPORT Kirk Gothier gave a progress report on the budget and discussed the Master Service Elements, the Fire Safety Master Plan and the General Plan Update workshops. He also updated the Commission on the implementation of AB 2838 and of the full cost recovery fee schedule.
7. CORRESPONDENCE Kirk Gothier pointed out the survey "Taking Their Pulse: How the LAFCOs Implemented AB 2838" to review at each Commissioner's discretion.
8. PUBLIC APPEARANCES No one appeared before the Commission to present testimony.
9. ADJOURNMENT The meeting adjourned at 10:13A.M.
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