Regular Meeting December 6, 2012

(These minutes are not intended to be a verbatim transcription of the proceedings and discussion associated with the business on the Commission’s agenda; rather, what follows is a summary of the order of business and general nature of testimony, Commission deliberation, and action taken.)

Chairman Baugh called the meeting to order at 9:00 am at the City of Shasta Lake Council Chambers in Shasta Lake, CA. Commissioners Farr, Fust, Jones, Kehoe, Mathena and Morgan were present. Commissioner Haynes was absent. Executive Officer Amy Mickelson, Attorney Jim Underwood and Clerk Marissa Jackson were present as staff. Alternate Commissioner Russell was present as a member of the audience.

Commissioner Farr led the Pledge of Allegiance.

There was no public comment submitted.

By motion made (Kehoe) and seconded, the consent calendar was approved.

Ms. Mickelson reviewed the past actions regarding the waiver of the Environmental Review Fee for the Fall River Valley Community Services District. At the September 2012 Commission meeting, the Fall River Valley CSD requested a waiver of the required Environmental Review Fee charged by LAFCO. Attorney Mark Atlas and Board Members David Hall and Sky Snyder spoke for the District. Commissioner Haynes made a motion that included, among other items, for the standard Environmental Review Fee of $750 to be waived in light of the unique facts of this application that include but are not limited to the fact that the District has served as the lead agency for CEQA review. The motion passed (6-1; with Commissioner Kehoe dissenting).

At the November 15, 2012 Commission meeting, Commissioner Farr moved to reconsider this item. A second was provided and the motion to reconsider and to set the matter on the next regular agenda passed (4-2; Commissioners Jones and Haynes dissenting, and Baugh recused).

A clarification regarding this fee was requested by some Commissioners. To summarize, Ms. Mickelson explained that the intent of the adopted fee is to recover costs associated with LAFCO staff reviewing, commenting and researching the CEQA document, as a responsible agency. These costs are incurred prior to the LAFCO application being submitted, thus the fee was separated out from the deposit amount, in order for agencies to better project their actual LAFCO expenses.
Clearly, the Fall River Valley proposal was not a typical LAFCO project. What was typical, however, was that the District served as the Lead agent for CEQA and LAFCO as the responsible agency. The adopted fee schedule is very clear that the cost of a Sphere Update or Amendment will require a deposit towards the actual cost AND the Environmental document review fee. The adopted schedule is also very clear that the fees charged for CEQA when LAFCO is the lead agent are different than those shown for when LAFCO acts as the responsible agency.

Given the broad nature of the discussion at the September Commission meeting, staff feels that the waiver of the fee was done in good faith, as an indicator of good will towards working with the District towards the consideration of their Sphere Amendment request. There was, however, seemingly some misunderstanding as to what this fee represents. A copy of Shasta LAFCO’s Fee Schedule was attached to the staff report that delineates costs as related to each category. Ms. Mickelson stated that as a responsible agency named by the District, it is LAFCO’s obligation to review the study and respond, and thus, staff time is charged out of that EIR fee.

Commissioner Baugh confirmed with Mr. Underwood that every commissioner present would be able to vote on the matter. A motion was made (Farr) to rescind the previous action; the motion was seconded and ultimately passed with two dissenting votes (Jones, Fust).

Ms. Mickelson reported that the Spring Gulch Annexation to ACID and Mayers Memorial Hospital District are still in the review phases. The Spring Gulch Annexation was still awaiting the completion of the required tax exchange negotiation. Mayers has completed a tax exchange resolution with Modoc County, but there has been no resolution adopted by Shasta or Lassen Counties yet. An application was recently received for the Gore/Steiner Annexation to ACID, as well. The Shasta Red Annexation to CSA #8 has been discussed with LAFCO staff as a likely proposal. The cemetery districts’ Spheres of Influence are being completed, along with Municipal Services Reviews. South County Fire maps are also very close to completion.

Commissioners Mathena, Morgan and Russell reported on the Monterey LAFCO Conference in October. Commissioner Kehoe congratulated Redding City Councilman Cadd, who was present in the audience, on his recent election.

Ms. Mickelson reminded the Commission that the next LAFCO Meeting will be held on Thursday, February 7, 2013 at 9:00 am at Shasta County Board of Supervisors Chamber. LAFCO Offices will be closed December 24-26 and December 31- January 2. Staff will attend a CSDA Board Member training in January and will then prepare a modified training to offer Special District Board Members in our local area at some point in the Spring.

There being no further business, Chairman Baugh adjourned the meeting at 9:33 am.


Marissa Jackson 
Clerk to the Commission


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