Approved Minutes: April 4, 2007LOCAL AGENCY FORMATION COMMISSION COMMISSIONERS PRESENT: Supervisors Bonnie Neely & Roger Rodoni, Commissioners Richard "Bud" Leonard, Marty McClelland, Roy Curless, Patrick Whitchurch, Kevin McKenny & Alternates Virginia Graziani, Jeff Leonard & Bob McPherson STAFF PRESENT: Michael Wheeler, LAFCo Staff; Betty Webb, LAFCo Clerk; Kirk Girard, Community Development Director
The meeting was called to order at 1:00 PM in the Board of Supervisor's Chambers, County Courthouse, Chairman McClelland presiding.
APPROVAL OF MINUTES OF February 16, 2007 THE MOTION WAS MADE (LEONARD/CURLESS) to approve the Minutes from the February 16, 2007 meeting. THE MOTION PASSED BY A VOTE OF 7-0.
NEW BUSINESS:
Michael Wheeler gave an updated report in favor of cost effective formation of a Community Services District (CSD) with residents in Scotia. He further explained, for the purposes of the CEQA review of the project, the County will be the lead agency for the General Plan Amendment and Subdivision application. Dennis Wood, the representative for PALCo, was introduced. Dennis Wood gave an update of PALCO's progress, focusing on working with the Scotia residents on forming a CSD including meetings with various Board of Supervisors members. Scotia residences have gathered 85 signatures on a request for CSD status petition. In addition, he announced that the next meeting will be May 3rd and all are invited. Another step in public outreach is updating the web site, www.annexscotia.com, which will include access to the reports, maps and PowerPoint presentation. Application status included filing a number of documents with the County Planning Department and submitting LAFCo application materials. PALCO has set a goal to sell homes in the second quarter of 2008. The Commission did not have any questions for Mr. Woods. Chairman McClelland asked staff if there was a consultant agreement for the EIR. Mr. Wheeler said a consultant for the EIR has not been selected. BY ORDER OF THE CHAIR, the report was received and accepted.
Michael Wheeler reported on the status of two proposed emergency annexations: one sewer connection for Jacoby Creek School and one sewer connection for Shirley Young. He then introduced Bob Brown of Streamline Planning Consultants. Bob Brown noted that the applicants for both projects are asking for emergency sewer hookups before formal annexation of the parcels to the City of Arcata. He described the process and the progress of applying for the necessary permits. In addition, he felt sewer hookups were the only solution for both of the properties. He asked that LAFCo take action before a formal application for annexation. Commissioner McKenny felt there was a lot of confusion about the LAFCo process and he believed the community didn't want spot annexation. The annexation application and the Environmental work should be in place first. Chairman McClelland described the process an application must go through before it comes to LAFCo. He clarified that LAFCo has always restricted annexation; the only exception would be an emergency location. To come to LAFCo it must be pre-zoned and LAFCo would be restricted to the current application. He felt that the Arcata General Plan needs a policy to cover sewer emergencies. He suggested not changing procedures. Carolyn Ruth, LAFCo Counsel, said there is a section in the guidelines that covers LAFCo's position. BY ORDER OF THE CHAIR, the report was received and accepted.
Michael Wheeler explained that there was no staff report on this item, which was an informational attachment that deals with LAFCo litigation. Chairman McClelland asked Counsel if there had been any follow-up on the attachment. Ms. Ruth replied there had not been any follow-up, but she had seen some emails discussing it. Mr. McClelland felt this is an example of what can happen if processes are not completed. Kirk Girard, Community Development Director, explained that he had received an inquiry from the City of Arcata asking would the current LAFCo Boundary Change process alter after January 1, 2008 if that jurisdiction's MSR had not been reviewed and updated. The answer was "no"; that would be in contradiction of the law, but suggested process changes could be brought up to LAFCo today. Mr. McClelland explained that any proposed change was something that needed to be discussed. There has been a problem getting Sphere reports reviewed and if Spheres were not updated, they cannot be processed. Mr. Girard said staff would be advising jurisdictions to review and update their spheres. BY ORDER OF THE CHAIR, the report was received and accepted.
Continued Business:
Chairman McClelland spoke concerning the sub-committee report and its progress. The committee has approached various firms, named in the report, requesting their qualifications. In addition, he explained the staff needed plus the processes and agreements needed for staffing. Mr. McClelland asked Ms. Ruth for a legal counsel timetable. Ms. Ruth introduced Stephanie Larsen, Assistant County Administrative Officer. Ms. Larsen responded that three responses have been received: two out of area and one local. Mr. McClelland explained one of the issues is the term of the agreements and another is the timing of the agreement; both are dependent on the budget. The report recommends that the agreements be Loretta Nickolaus, County Administrative Officer (CAO), has been following the process and may have a suggestion that could blend a half-time LAFCO Manager with the proposed consulting contracts. She felt a person is needed as a liaison between LAFCo contractors and the public. She felt the cost would be better contained this way. Tom Marking, McKinleyville CSD, felt that local counsel would better suit LAFCo's needs and budget. Duane Rigge, City Manager Fortuna, supports what CAO Nickolaus has put together concerning using local talent and consultants. Dennis Wood spoke concerning conflicts of interest that the firms the Commission are considering may have and what method of substituting the firms would be agreeable. Glen Ziemer, Humboldt Fire Protection District #1, felt the more important component is the description of the task orders and that they be initiated by the Commission directing the work product. He also supported the Commission’s previous position concerning triage to determine needs. Carolyn Ruth clarified concerns about counsel not being familiar with LAFCo law. The Commission questioned Mr. Rigge about a proposal concerning staffing for a manager or director for LAFCo. Ms. Nickolaus said there would be a proposal prepared for the next meeting. The Commission felt a full-time 'face' for LAFCo is necessary. Supervisor Neely had concerns about entering into a contract without a budget. Commissioner McClellan explained there was no commitment to pay until task orders are assigned. Commissioner McKenny questioned LAFCo's indemnifying in regards to insurance. Ms. Ruth confirmed insurance was an issue. Supervisor. Neely asked if the CAO has looked into insurance and Ms. Nickolaus confirmed insurance was being considered. BY ORDER OF THE CHAIR, the report was continued to April 25, 2007 at 9:00 a.m.
Stephanie Larsen gave the budget report and confirmed that a separate trust fund has been set up for LAFCo. She confirmed that she would have a report prepared for April 25, 2007. BY ORDER OF THE CHAIR, the report was continued to April 25, 2007 at 9:00 a.m.
PUBLIC APPEARANCES No one appeared.
CORRESPONDENCE Department of Toxic Substances Control 45-day Public Notice Email and Excel spreadsheet from Everett Millais on Calafco dues and conference. Public Utilities Commission Resolution M-4818 regarding improved coordination with water and wastewater utilities.
ADJOURNMENT The meeting adjourned at 2:00 PM. |