PROCEEDINGS OF THE LOCAL AGENCY FORMATION COMMISSION SANTA CRUZ COUNTY

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1 Wednesday, May 2, :30 a.m. PROCEEDINGS OF THE LOCAL AGENCY FORMATION COMMISSION SANTA CRUZ COUNTY 701 Ocean Street, Room 525 Santa Cruz, California ****************************************************************************************** The May 2, 2007 Santa Cruz Local Agency Formation Commission meeting is called to order by declaration of Chairperson, Tony Campos. ROLL CALL Present and Voting: Commissioners Absent: Alternates Present: Alternates Absent: Staff: Commissioners Rapoza, Pirie, Begun, Jim Anderson, Rios, Roger Anderson, Chairperson Campos None Bell, Estrada * Barrett, Coonerty Patrick M. McCormick, Executive Officer Chris Cheleden, LAFCO Counsel Debra Means, Secretary-Clerk MINUTES April 4, 2007 Commissioner Begun asks about Alternate Estrada s statement that the Commission should be conscious about spending collected dollars if it is not used for the intended purpose they were collected for. He wants to know if that is happening. Counsel Cheleden recalls that the discussion was about the special districts contributions to LAFCO and the money going to LAFCO. Alternate Estrada says the question was what does the Commission do with the surplus revenue that they overcollected from the contributing districts. The discussion was about paying down LAFCO s existing outstanding debt. Commissioner Begun asks Alternate Estrada if he is willing to document his statement. Page 1 of 13

2 Chairperson Campos asks Commissioner Begun why he is asking for documentation. Commissioner Begun replies that if it was put down in writing, it can be worked on. Chairperson Campos adds that this meeting is recorded and it is Alternate Estrada's opinion. Commissioner Begun inquires who "they" is on the middle of page 10 of the agenda packet where it starts to say "Chief Ferriera says that 50% of CAL FIRE..." Mr. McCormick replies that "they" is whatever agency CAL FIRE is contracting with. They would set a level of service. * Alternate Barrett arrives. Commissioner Begun asks if it is the contracting agency. Mr. McCormick answers that the contracting agency would set the level of service. MOTION AND ACTION Motion: Rapoza Second: Begun To approve the minutes for April 4 th, and clarify the word they on page 10 in the final minutes. Motion passes with Commissioner Roger Anderson abstaining. PUBLIC HEARING LA CASA COURT REORGANIZATION TO THE FREEDOM COUNTY SANITATION DISTRICT LAFCO NO. 918 Mr. McCormick reports that the proposal is a.3-acre annexation to the Freedom County Sanitation District. The property owner has an existing house at 34 La Casa Court, which is located off Bowker Road. La Casa Court was developed in the mid s. The street is in a low area, has storm drainage problems, and it does not have a sanitary sewer. The property owner is experiencing problems with his septic tank and would like to connect to sewer. The district has sewer lines on Bowker Road and Miller Avenue. The owner believes that it would be possible to have a single septic pump that would pump up to the main on Miller Road. The alternative would be to put in a pump station and extend mains either along Freedom Boulevard or Bowker Road. This service option would be more expensive and time consuming than an individual Page 2 of 13

3 pump into the sewer main on Miller Avenue. Commissioner Pirie says she is familiar with La Casa Court because of the storm drainage problems. The County is working on the problem and she wonders if there is any effort made to contact the adjoining property owners to see if they are interested in sharing the pump with the Gonzalez. Mr. McCormick replies that the storm drainage problem is being handled by a developer on Bowker Road as a separate item that is probably a year away from construction. Concerning the septic problems, he suggested that the property owner talk to his neighbors to see if they are interested in sharing the pump. LAFCO staff noticed the neighborhood three weeks ago. Commissioner Pirie asks how wide the noticing was. Mr. McCormick answers that noticing was done within 300 feet of 34 La Casa. The trick to getting sewer there is financing a sanitary sewer line. Between the main extension costs and putting in a pump, the cost will be tens of thousands of dollars per property owner. Commissioner Pirie asks if the Bowker developer will be extending sewer down Bowker to the new development. Mr. McCormick answers that the approved subdivision on Bowker is higher in elevation. The sewer main would not reach all the way to La Casa Court. There is no sewer on Freedom Boulevard. The County has this area designated for urban lowdensity residential uses, which should eventually be sewered. The Sanitation District has treatment capacity contracted through the City of Watsonville. They are planning to eventually serve this neighborhood. The property owners on La Casa would have to collectively finance the construction of a pump station and a sewer main. He recommends that the Commission send a note to the Sanitation District and ask their staff to organize a property owners meeting to discuss the process of an assessment district and the likely costs. Any assessment would have to be approved by an election. The district does not provide grants for this purpose. They organize and cooperate in selling some bonds. There is no money available that the district could use to extend sewer mains. Commissioner Rios asks if it excludes Mr. Gonzalez hooking in if the Commission approves this proposal. Mr. McCormick answers no. They can move in parallel. If there is a gravity sewer eventually constructed on La Casa, Mr. Gonzalez could either stay with his personal system pumping uphill or he could change if he wanted to. The two possibilities are Page 3 of 13

4 not exclusive. They can both happen at their own time schedule. He recommends annexing just Mr. Gonzalez property because he has an existing problem, and he has found a solution he is capable of doing. His property abuts Miller Avenue. He does not need to get any easements. He can connect to the Miller main without anyone else participating. He will have a solution without slowing down the other neighbors. If the rest of La Casa Court were annexed, it would slow down Mr. Gonzalez due to the process time. It still would not solve the issue of how to finance a main connection. He thinks Mr. Gonzalez made a good justification for his situation. The problem is not the annexation; the problem is financing a sewer and finding a cost formula that works for the property owners who would have to vote on an assessment. Commissioner Roger Anderson notes that the present septic system is failing. He is not clear what that term means. He assumes the septic system has not failed, but it will in the near future. He is curious when this pump would be constructed and who has control over it. Chairperson Campos says there were four houses built in this neighborhood that have always had water problems. The storm water comes from the top and moves downhill to a drain. During the winter, a foot of water could flood a house so the problem is a major one. He thinks this proposal could be approved by the Commission to give Mr. Gonzalez more immediate relief. If the neighbors decide to pursue a sewer connection, maybe Mr. Gonzalez would not have to pay into it since he already put money into his system. Mr. Gonzalez has to install a tank with a grinder pump and lay a two-inch line up to Miller Avenue. A faulty septic system is a health hazard, and it needs to be addressed as soon as possible. Commissioner Rapoza does not agree about future connections to a new main in the neighborhood. He thinks LAFCO should approve the annexation so Mr. Gonzalez can build his pump station. In the future, however, he may be required to connect to a main, and that is an issue with the sanitation district, not with LAFCO. Commissioner Jim Anderson asks if there are other property owners who are having problems but not moving forward because they would need easements and the costs would be prohibitive. Mr. McCormick answers that over time, the whole street is likely to have the same problem that Mr. Gonzalez is having. The septic systems do not work well. There is a lot of standing groundwater. There are six other houses on La Casa Court. The closest sewer line is near a telephone pole on Miller Avenue. Mr. Gonzalez would be able to build a pump and a line on his own property and hook it up to the main. Page 4 of 13

5 The real solution to the whole neighborhood is to start a sewer main in La Casa Court and connect it to the existing system on Bowker Road or Freedom Boulevard. It will be an expensive project. The property owner has already figured out how much this proposal will cost him, and he is willing to pursue the single parcel solution. None of the other parcels has direct access to Miller Avenue. The other property owners would have to negotiate a sewer easement through someone else s property. Jody Stanley, who lives next door to Mr. Gonzalez at 20 La Casa Court, says Mr. Gonzalez would have no problem with an easement through his property. Mr. Stanley would be willing to share the cost of pumping up to the sewer main. In the winter, the groundwater table rises and everyone s septic tanks fill, and the drain fill starts running back in. The tank could be pumped and it would still fill. Everyone in the neighborhood is having the same problems. He wonders if the whole area could be annexed. Chairperson Campos answers that the Commission cannot annex the whole area without the legalities of noticing the public hearing. Mr. Stanley could request annexing the whole area in the future. Counsel Cheleden says that the Commission could act on this application and receive a new application, or the Commission could continue this application and add a neighboring application. Chairperson Campos adds that the Commission will vote on Mr. Gonzalez application today. The surrounding neighbors should have the opportunity to come to LAFCO with another application. In the meantime, the neighbors should negotiate on their own. LAFCO has no role in the negotiation aspect of easements. The neighbors will probably need an attorney and the help of County Sanitation staff to pursue a bigger solution. Commissioner Rios thinks it is a good idea for the neighbors to negotiate an easement together. Chairperson Campos says that LAFCO does not control what goes on with the Freedom Sanitation District. Robert Cromer lives behind Mr. Gonzalez at 39 Bowker Road. The back of his property abuts Miller Avenue. He is interested in getting a sewer installed for the neighborhood, and he is willing to help finance it. Page 5 of 13

6 Commissioner Pirie asks Rachel Lather, an engineer for the Freedom County Sanitation District, if she has heard any testimony that she would like to address. Ms. Lather answers no. This proposal has been an issue for a while. Commissioner Pirie asks if she sees any problem with two or more property owners wanting to pump up the hill with Mr. Gonzalez. She asks if there is any difference between one house pumping uphill or two or three houses. Ms. Lather answers yes. If Mr. Gonzalez pumps up, it is his private lateral. If there will be a combined number of people hooking up, the sanitation district would have to deal with it as a condominium complex that has a shared lateral. There would have to be an agreement that they will share the cost of servicing it and cleaning it periodically. This could present a problem. Commissioner Pirie asks if the main will come down to that recent 13-unit development on Bowker Road. Ms. Lather answers yes. Commissioner Pirie asks about service options for the rest of the neighborhood beyond the development. Ms. Lather answers that the department was looking into a system that she researched for Pasatiempo. The system is a low-pressure force main. Every house would have it and it would use the existing septic to pump it up to a smaller line that is a force main. These systems are less expensive and supposed to be reliable. She visited an area in New York that had that system in place. Her department has been looking for alternatives that are not costly. The location of the septic system will determine which direction it would go. She does not know the location of the septic systems for each of the houses. Commissioner Rapoza asks if the system Ms. Lather mentioned would maintain the septic tank and pump the liquids that would normally go into a leach field and instead, pump into the main. Ms. Lather replies affirmatively that they would convert the septic to a holding tank. Commissioner Rapoza thinks that alternative would be worth exploring since it is cheaper. Chairperson Campos asks if Freedom Sanitation would accept using those tanks. Page 6 of 13

7 There have been problems with the other sanitation district where there were 1,000 to 1,500 gallon septic tanks. Ms. Lather adds that, until each property s septic system is inspected, they will not know what option will work best. Commissioner Pirie asks if the high groundwater situation would affect the tank itself. Ms. Lather replies that if the leach fields are not sloping the right way, it may affect the septic tank because of the water coming in from the leach fields. This situation is similar to the inflow problems with the big district and the pipelines. Chairperson Campos says that one would probably have to modify the septic tank because the pump installed will be a grinder pump. If someone does not pay for the maintenance and the electric bills, it could escalate into a neighborhood problem. Each property owner could install their own grinder pump and septic systems, cut off and seal the leach fields. There are diverter valves that pump out and do not let water back in. Ms. Lather says that every house has a certain amount of pressure exerted where there is a force main and a gravity line is not needed in the street. The system would not have to be as deep or as big. In response to Commissioner Rios question, Gabriel Gonzalez, the applicant, says in Spanish that he is clear what is happening at this hearing. Commissioner Rapoza encourages the neighborhood to meet with the engineer from the sanitation district and Mr. McCormick to discuss the annexation process, the costs, and what the options are to handle this problem. He is in favor of eliminating septic tanks in this County. Commissioner Pirie adds that the sooner the neighborhood acts, the cheaper it will be for each person. If people begin to find their own solutions, there will be fewer people to divide the cost. Commissioner Roger Anderson agrees that there should be rapid progress on the storm drainage situation. Chairperson Campos says that Commissioner Pirie took the lead a couple years ago to handle this problem by including it in Zone 7a for funding. Commissioner Pirie says that the housing development up the hill will run their drainage down Bowker Road so La Casa Court can benefit from the same line. Page 7 of 13

8 MOTION AND ACTION Motion: Pirie Second: Rios To approve LAFCO No. 918, as recommended by staff, and requests that staff write to the Freedom Sanitation District asking for some outreach assistance in the La Casa neighborhood. Motion carries with a unanimous voice vote. EXTRATERRITORIAL SEWER SERVICE FROM CITY OF SCOTTS VALLEY TO 185 OLD COACH ROAD LAFCO NO. 920 Mr. McCormick reports that the house at 185 Old Coach Road was built a few years ago in the unincorporated area. It has an engineered septic system that is working fine, but there is an impermeable layer under the soil. The sewage is surfacing downhill on the adjacent owner s property. The City of Scotts Valley has issued a will-serve letter and County Environmental Health has issued an order letter to solve the problem. There is a sewer main nearby so there would be a gravity connection into the existing main. One policy issue for the Commission is whether to approve this application by extraterritorial water service or to annex the site into the City limits so it would get all of the services, including sewer from Scotts Valley. The property is within the City s sphere of influence and is adjacent to the City limits. The property owner prefers to get extraterritorial service because the problem would be solved quicker. Commissioner Jim Anderson asks if an engineered septic system is different than a standard system. Mr. McCormick answers that the property owner has a more elaborate system than a standard septic tank and leach field. Commissioner Jim Anderson asks when the system was installed. Mr. McCormick replies that the technology of the fairly new system is working but Page 8 of 13

9 strata underlying the system has not been able to distribute the treated sewage. Andrew Smith, who is the property owner at 185 Old Coach Road, understands that an engineered system is expensive and experimental. This system has not worked for him. He does not think the system has been working properly because each time they have had their septic engineer inspect it, the engineer discovers some new repairs that need to be done. Some examples include the aeration pump that was on ½ hour and off ½ hour is now supposed to be on for 24 hours, seven days a week. The charcoal filter was clogged and needed to be taken off. They were told to dig an additional pit and put in bark. The neighbors are still getting smelly water on top of all these repairs. The septic engineer claims the water is drinkable, but he does not think so. Commissioner Jim Anderson asks Mr. Smith if he has gotten a second opinion of other engineers. Mr. Smith says that he has had the people who construct and supply their system come to his property. The sewer line is a short distance from his property. Commissioner Roger Anderson asks if the surrounding parcels have the same impermeable rock underneath them and if the parcels are developed. Mr. Smith answers that one property is undeveloped. Another property on the right side of his slopes another way and does not immediately impact any neighbors. Alternate Barrett says that, as a City Council member, he has been involved in this issue from the start. He agrees with Mr. Smith. He lives a few lots away from Mr. Smith. The area has very thin soil and hard sandstone underneath that. The City was caught in a dilemma with regard to the regulations. The City told him to build his septic system and when it fails, then go back to the City. He supports Mr. Smith s proposal. Chairperson Campos says he supports the proposal. Commissioner Rios asks whether Mr. Smith bought a warranty for his septic system. Mr. Smith does not know. Several people have asked him if there is a legal route he can take. He did not want to upset the momentum. He just wants to get the problem resolved and so do his neighbors. Chairperson Campos does not like the mound system. In some areas, it does not work. It keeps the water on top and makes the problem worse. Page 9 of 13

10 Ilia Bulaich, who lives at 305 Second Street in Watsonville, notices that failing septic tanks have been a recurring issue. He says the applicant made a comment about being trapped in a situation when he was building the house. He referred to two resolutions. He requests that Chairperson Campos or Mr. McCormick clarify which governmental agency or jurisdictional body issued those resolutions that caused this situation to happen. Mr. McCormick says that page 49 of the agenda packet shows a Scotts Valley City Council Resolution The City has its own rules for hooking property owners up to their sewer system outside the City s limits. The City will not hook up new houses in the construction process. The City will only hook up existing houses that have septic problems. An alternative for someone planning to build would be to annex to the City. Chairperson Campos says there is a letter on page 52 of the agenda packet that is written by a septic consultant, Kenneth Mabie. MOTION AND ACTION Motion: Pirie Second: Jim Anderson To approve LAFCO No. 920 for the City of Scotts Valley to supply sanitary sewer service to 185 Old Coach Road, as recommended by staff. Motion carries with a unanimous voice vote. RESOLUTION OF APPRECIATION FOR OSCAR RIOS Commissioner Rios thanks the Commission. Even though it was for a short period, he has enjoyed being on the Commission again. Chairperson Campos says that he and Commissioner Rios have been friends and colleagues for close to 22 years. They have been on Watsonville s City Council together for about 12 years. He thinks Commissioner Rios cares for people. He is not afraid to stand for what he believes in. MOTION AND ACTION Motion: Pirie Second: Rapoza To approve LAFCO No , as recommended by staff. Motion carries with a unanimous voice vote. FOLLOW-UP INFORMATION FROM STUDY SESSION ON TRENDS IN RURAL FIRE Page 10 of 13

11 PROTECTION Commissioner Roger Anderson says he was glad to see the clarification on the average response time. He thinks it would be helpful to have the median response time so that people know that at least half of the time, they will receive a response within a certain amount of time. Mr. McCormick adds that the more rural the agency is, the longer the response is. That does not mean the agency is not performing well. County Fire has the longest response time, but it is also the most spread out fire agency with the lowest density and the longest runs. Statistically, it is expected that County Fire to be the longest. Commissioner Jim Anderson says that data tells when County Fire arrived on the scene, but sometimes through mutual aid, another department could have been on the scene first. If the data is looked at who arrived on the scene first, it may or may not be factual. MOTION AND ACTION Motion: Begun Second: Jim Anderson To accept report. Motion carries with a unanimous voice vote. RELEASE SCHEDULE FOR SOUTH COUNTY FIRE SERVICE STUDY Mr. McCormick reports that in 2005, Santa Cruz LAFCO completed the Statemandated Countywide Service Review which compared the different agencies service levels and costs. After the review was completed, this Commission reserved some money to study one issue in greater detail. The Commission chose to study reorganizing the way fire protection is provided in South County. The consultant reengaged the parties and received more data from the fire agencies. April 27, 2007 was the deadline for the agencies to submit additional data. The consultant was still waiting for a few more responses by the date of this hearing. If the data does not require a major rewrite, the consultant thinks the report can be finished by mid-may. The consultant s oral report to the Commission will be at the June meeting unless incorporating the remaining data requires a major workload. He wants the report available to the public for at least a few weeks before the meeting. Alternate Estrada says that when the framework was established for the South County study, the invitation went to the Aromas Fire District. He spoke to the chief and one of the Commissioners. They failed to attend and participate in the South Page 11 of 13

12 County study. Their failure to attend resulted in not considering Aromas Fire District in the bigger picture for South County Fire. Boundary crossovers occur often and Aromas Fire is a part of how South County Fire operates, and they assist with the responses. He knows the framework cannot be redone, Aromas apologizes for not participating initially; but they would like to monitor the results and find out if there is a way for them to be an active participant. Chairperson Campos asks if Aromas can participate in this study. He thinks it is important for them to be included. Alternate Estrada adds that they are prepared to give the consultant any information they need. Mr. McCormick says that at a minimum, he can inform Aromas like he did for Aptos/La Selva and North Monterey County. In terms of folding Aromas into some alternatives, he would have to confer with the consultant to find out how much data Aromas has and whether it is possible. Aromas is a tri-county CDF contract agency. Alternate Estrada says they are a CDF Schedule B contract just like South County Fire and County Fire is; so, it is very compatible. Chairperson Campos says he will speak to Lou Calcagno from Monterey County and Anthony Botelho from San Benito County to help them out. LEGISLATION Commissioner Roger Anderson says there are often important documents to help make a LAFCO decision. During the Manabe-Burgstrom annexation process, there were documents about an agreement between the property owners and other agencies that were presented the night before the meeting. It was important for the Commission because it allowed them to move forward in the process. SB 343 would prohibit considering documents on late notice. Counsel Cheleden says the bill would not prohibit one from considering the document, but it may prohibit action being taken until the next meeting. CSAC and the League of California Cities oppose this bill because they believe that the Brown Act intends that the meeting agenda contains that item; so, the public is aware of it. There are items where staff is not able to get documents in on the Thursday or Friday before a Tuesday board hearing, for example. This bill did not make it out of Committee but it is getting reconsidered. One compromise would be to compromise the need for public disclosure with the flexibility of staff that may need time to respond to public comments that are received prior to Page 12 of 13

13 the hearing. The board members need responses to those public comments. He thinks the bill primarily relates to staff documents. CALAFCO ANNUAL CONFERENCE Mr. McCormick says the conference is designed for Commissioners. If a Commissioner is interested in attending the conference August 28 th through August 31 st in Sacramento, let staff know. Meeting adjourns at 10:55 a.m. The next meeting is scheduled for Wednesday, May 2, CHAIRPERSON, TONY CAMPOS Attest: Patrick M. McCormick, Executive Officer Page 13 of 13