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LAFCO affirms Elk County Water District MSR and sphere of influence; notes wastewater and latent powers issues
Summary
Mendocino LAFCO adopted the Elk County Water District municipal service review and sphere of influence update, found services adequate for water but noted wastewater service remains unresolved pending an open application involving Elk Community Services District and a private leach field acquisition.
Mendocino County Local Agency Formation Commission adopted the municipal service review and sphere of influence update for the Elk County Water District, finding water services adequate while noting wastewater services remain unresolved pending a related application and property acquisition.
LAFCO analyst presented the staff report, which said the district was formed on April 22, 1957, serves developed parcels in the Elk community, and that the proposed sphere would remain unchanged from the 2015 adopted update. Staff recommended adoption of the MSR and sphere update and a CEQA determination that the action is exempt under CEQA Section 15061(b)(3).
Commission discussion focused on language in the draft about latent versus potential powers and the status of wastewater service in Elk. In response to a commissioner question, staff explained the phrasing change: "latent powers... would be defined as, powers that are available to the district that aren't currently, being activated. And, potential powers would be synonymous with that, of saying that those powers, are available but that they haven't been activated." (staff comment from transcript).
Commissioners also discussed that the Elk Community Services District (CSD) has an open application to activate or acquire a private community leach field serving 10 to 12 parcels; until that property transfer and management are resolved, LAFCO staff retained the determination that wastewater services were not yet demonstrated to be adequate. Elk County Water District general manager Charles Acre and district secretary Rosie Acre attended and asked clarifying questions; Acre described the district as a small, downtown water zone and thanked staff for the presentation.
After the public hearing (no public speakers), the commission moved and seconded adoption of the staff recommendation. Roll call recorded affirmative votes from Commissioners Horsley, Mahoney, Bridal, Gonzales and Vice Chair Ward; the motion carried and the commission adopted resolution number 2024-205-10 approving the MSR and sphere update.
Staff noted the MSR includes findings and revisions requested at a February workshop and that the packet contains proof of publication and a notice of exemption. Commissioners asked staff to accept non-substantive additions (for example, appending recently updated financials) and to continue coordination with Elk CSD and other parties on the community leach field transfer.
