Plumas LAFCO by GjnL49L


   Robert Meacher


    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

                             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.



     5.       PUBLIC COMMENTS


     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

       MSC: Weaver/Krantz (5-0): To approve the Minutes of the 08-25-2008 regular meeting
       of Plumas LAFCo.


       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.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.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

       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

       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
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

        9.C)   Staff Report & Action Re: Adoption of Resolution No. 2008-016: A

        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.




        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.

To top