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Chairman: Robert Meacher LAFCo Commissioners: plumas Rose Comstock Jim Krantz Curt McBride Chuck Spencer Executive Officer: John M. Gullixson The Local Agency Formation Commission Commission Clerk: Serving Plumas County AGENDA ITEM: 5. A CONSENT CALENDAR APPROVAL OF MINUTES PLUMAS LOCAL AGENCY FORMATION COMMISSION COMMISSION MEETING MINUTES September 29th, 2008 1. CALL TO ORDER The scheduled and noticed meeting of the Plumas Local Agency Formation Commission was called to order by Chairman Meacher at 12:47 p.m. on Monday, September 29th, 2008, in the Board of Supervisors Room of the Plumas County Courthouse, located in Quincy, California. 2. ROLL CALL Chairman Meacher, noting that a quorum was present, asked the Clerk to call the roll and Ms. Duenas recorded the following: PRESENT: Commissioners: Rose Comstock Jim Krantz, City Member Alternate: William Weaver, Robert Meacher, and Chuck Spencer. ABSENT: Commissioner Curt McBride. ALSO PRESENT: Executive Officer/Legal Counsel: John M. Gullixson 3. CLOSED SESSION There was no action to report out of closed session. 4. INTRODUCTIONS AND PRESENTATIONS None 5. PUBLIC COMMENTS None 6. CONSENT CALENDAR MINUTES OF THE September 29thTH, 2008 REGULAR MEETING OF PLUMAS LAFCo PAGE -2- 6.A) Consideration of the Minutes of the 08-25-2008 regular meeting of Plumas LAFCo. MSC: Weaver/Krantz (5-0): To approve the Minutes of the 08-25-2008 regular meeting of Plumas LAFCo. 7. MATTERS PRESENTED BY COMMISSIONERS Commissioner Comstock gave comments on the need for Regional Planning efforts with adjoining Counties that would include water, waste water and septage planning. The Chairman and other Commissioners made comments in agreement 8. PUBLIC HEARINGS 8.A) Public Hearing Re: Plumas LAFCo File No. 2006-Annx-001, The Ridges To Eastern Plumas Rural Fire Protection District Environmental Review. Make Determination Re Environmental Review, Negative Declaration Number 567 for The Pine Ridge Tentative Subdivision Map, prepared By The Plumas County Planning Department For Adequacy And Completeness For Plumas LAFCo File No. 2006-ANNX-001, The Ridges To Eastern Plumas Rural Fire Protection District and to make determinations regarding the request to Annex to the District for Fire Protection Services. 1) Take Staff Report 2) Take Public Testimony 3) Continue the matter until completion of the Supplemental Environmental Review by the Plumas County Planning Department. The Commission was informed by the Executive Officer that the Plumas County Planning Department was endeavoring to update the prior environmental review on tis project and based thereon, the matter should be continued to another date after the completion of the review. The Commission had previously received and reviewed the prior Environmental Review (2005) at the August meeting. Chairman Meacher determined upon recommendation of the Executive Officer to use the meeting to allow a presentation by the Landowner/Developer of the details of his project. The Commission had numerous questions about the project that were noted at the August commission meeting. The Executive Officer introduced Mr. John Valdez who gave the presentation. Mr. Valdez stated during the presentation that while his principals desired to proceed with its “Home Owner Assoc.” type mutual water company for the twenty residential lots included in the project, however, they had no objection to talks with the Gold Mountain CSD about governance potentials provided from that organization. This project was found to be adjacent to and within the Sphere Of Influence of Gold Mountain CSD. The Commissioners questioned the reliability and sustainability of a water system run by a Home Owner Association Mutual Water Company. Upon further discussion by the Commission it was determined that no formal action would be taken at this meeting and that the Staff would publish new notice when the matter is ready to proceed. MINUTES OF THE September 29thTH, 2008 REGULAR MEETING OF PLUMAS LAFCo PAGE -3- MSC: Spencer/Krantz (5-0): To continue the hearing, directing Staff to publish new notice when the EIR update is completed and when the Landowner has had an opportunity to have discussions with Gold Mountain CSD on annexation. 9. ACTION ITEMS / RESOLUTIONS AND/OR STAFF REPORTS 9.A) Study Session Re: Commission Review and Study Session for Plumas LAFCo File No. 2007-ANNX-002, Feather River Inn Property to the Graeagle Fire Protection District, Environmental Review: Draft Environmental Impact Report #82, August 2008. The Commission had previously received and reviewed the Environmental Review provided by the Planning Department during the previous two weeks. The Executive Officer told the Commission that the purpose of this study session is to present to the Commission a review of the issues presented by the pending annexation applications filed and to discern from the Commission its need, if any, for further information. The intent of this Study Session is to provide the Commission with a greater level of understanding and to simplify the issues before they come back to the Commission for action at a later meeting, to give feedback to the County on its review adequacy and to meet the requirements of the Code that LAFCo ”participate” in the environmental review process as a “Responsible Party”. The study session was further supplemented by a presentation from the developer of the extent of this project. The Executive Officer introduced Mr. Mike Schooct who gave the presentation along with comments from BJ Harris from the Mullens Group on Fire Service Plans, from Becky Herrin of the Planning Department and John McMorrow, consultant to the Developer. Discussion ensued with questions from the Commissioners and responses from the presenters and Staff. It was determined in the discussion that the developers intend to provide domestic water via an “Investor Owned Utility” mutual water company. The proposal will have the investors using approximately 40% of the service from the system for the Lodge and the residential condominium units using 60% of the capacity. Numerous issues were identified. The developer was asked why this water system should be considered sustainable and reliable? The Commission reviewed Draft Environmental Impact Report #83 and the supplementary information provided for the above referenced “project”. In discussion it determined that the EIR did not adequately address the issue of governance of the water/waste water systems proposed. The proposal appeared to be a continuation of existing facilities for the first phased part of the project and an expansion for the addition of approximately 88 more units in the future. Because of the increase in density the Planning Department is now requiring annexation of the project into a Fire Protection District. The developer has not signed a contract for services pending annexation that was prepared by the District in May/June 2007. On the issue if water/waste water services, the speakers mentioned no possibility of MINUTES OF THE September 29thTH, 2008 REGULAR MEETING OF PLUMAS LAFCo PAGE -4- service provision by the Graeagle CSD and the Plumas Eureka CSD, however the conclusions in the EIR document on service provision arrived at may not be correct and they act to dismiss a continued discussion of the negative impacts long term on the region by allowing an Investor Owned Utility Mutual Company to insert itself into an growth area that should be better served overall by a local Community Services District such as Plumas Eureka CSD. Domestic Water and Waste Water service should be subject to regional planning efforts by existing governmental service providers. The opportunities for such efforts will be negatively impacted and diminished to consolidate and share the costs of regional water/waste water planning efforts could be the result of failing to address this issue now by requiring the project to seek service from PECSD. Comments made included that the Department of Environmental Health and the Planning Director of Plumas County have met with Commissioners and Staff of LAFCo and each has recognized the need to address this issue and not allow the potential negative impacts of piece meal projects to create roadblocks that may have to be readdressed by future constituencies because of resistance to evaluating what may be negative impacts in the future now. That part of the project to expand water service to the parcels to the south side of HWY 70 to allow for fire protection provided environmental impacts not addressed within the report and it also does not adequately describe all of the infrastructure improvements anticipated by the developer. The south part of this project calls for a large parking lot for “project workers” who must be transported to the north side of HWY 70, a scenic highway. The gathering of people and support facilities on the south part of this project requires that the project include minimal infrastructure for emergency and other needs for the project, including fire hydrants to serve what may become future residential parcels. Further, Plumas LAFCo has previously informed the Planning Department in writing that since a water system and a sewage disposal system will be required as a result of the development of this project, Plumas LAFCo does not support a homeowners and/or Developer run system, otherwise known as an Investor Owned Utility. The Commission believes the project should be required to annex into an existing Community Services District. This would give local Governmental control and oversight, as sanitation and water service issues are a regional concern and issue in Plumas County. Upon further discussion by the Commission it was determined that Staff be directed to respond to the environmental document consistent with Commission comments and that no further action would be taken at this meeting. Governance of the domestic water system is not mentioned in the environmental document. In that regard the document is deficient and should be supplemented. However, the Developer confirmed that it is the intent of the Builder to form an Investor Owned Utility (IOU). Staff included in its report a copy of an article from Sphere Magazine wherein the potential negative effects of an Investor Owned Utility Mutual Company on a local community. MSC: Comstock/Weaver (5-0): Directing Staff to publish respond to the proposed EIR consistent with Commission comments. 9.B) Staff Report & Action Re: Written Response to the Plumas County Grand Jury Report. MINUTES OF THE September 29thTH, 2008 REGULAR MEETING OF PLUMAS LAFCo PAGE -5- The Executive Officer presented the Commission with the Proposed Draft of Response to the Grand Jury Report and he thanked each of the Commissioners for their written and verbal contributions to the Response document. The Commission went over the document and pointed out typographical errors and made some final suggestions regarding deletions and inclusions. MSC: Weaver/Comstock (5-0): Directing Staff to prepare and mail a Response to Grand Jury letter consistent with Commission comments and signing it by the Chairman. 9.C) Staff Report & Action Re: Adoption of Resolution No. 2008-016: A RESOLUTION OF THE PLUMAS LOCAL AGENCY FORMATION COMMISSION REQUESTING THE CALIFORNIA LEGISLATIVE ANALYST OFFICE TO PREPARE AND SUBMIT SPECIAL LEGISLATION ON BEHALF OF THE GRIZZLY LAKE RESORT IMPROVEMENT DISTRICT TO CONVERT SUCH DISTRICT TO A COMMUNITY SERVICES DISTRICT AS DEFINED WITHIN THE PUBLIC RESOURCES CODE. MSC: Comstock/Spencer (5-0): To adopt Resolution No. 2008-016. 9.D) Staff Report Re: Report of Commissioners and Staff on the CaLAFCo Conference including legislative changes. MSC: Spencer/Krantz (5-0) To receive & file the report. 9.E) Staff Report & Action Re: Extension of Lease on LAFCo office location. The Executive Officer asked for Commission authority to sign a new lease on the Portola business office location of Plumas LAFCo if he could not find a more cost efficient location prior to November 1, 2008. MSC: Comstock/Krantz (5-0) Authorizing the Executive Officer to execute a new Lease with the Lamm Living Trust for the office location at 142 North Gulling Street, Portola, California. 9.F) Staff Report Re: Open Files MSC: Spencer/Weaver (5-0) To receive & file the report. 10. OTHER BUSINESS None 11. ADJOURNMENT Finding no further business on the agenda, Chairman Meacher adjourned the meeting at 2:12 p.m. to the next regular meeting of Plumas LAFCo scheduled and noticed to be held at 10:00 a.m. on Monday, November 10, 2008 in the Board of Supervisors Meeting Room, Plumas County Courthouse, Quincy, California.
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