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Shasta Local Agency Formation Commission

SPECIAL MEETING: March 6, 2014 at 9:00 a.m.
Redding City Council Chambers
777 East Cypress Avenue, Redding, CA 96001

AGENDA

1. CALL TO ORDER
a. Roll Call
b. Pledge of Allegiance offered by Irwin Fust
c. Report results of the Mayor’s City Selection Committee 2014
d. Recognition for Service

2. PUBLIC COMMENT
Members of the public are invited to address the Commission at this time regarding any item that is not scheduled for discussion as part of this agenda, and that are within the jurisdiction of LAFCO. Comments may be limited to three (3) minutes per person. No action will be taken by the Commission at this meeting as a result of items presented at this time.

3. ADOPTION OF AGENDA
a. Additions, Changes
b. Meeting Protocol; Introduction of Meeting Comment Card use (Chair)
c. Business/Campaign Conflict Disclosures* (Chair)

4. SPECIAL PRESENTATIONS/ANNOUNCEMENTS
a. LAFCO 101 Workshop facilitated by Bob Braitman will be held here today from 1-4 p.m.

5. CONSENT CALENDAR (Government Coded 56857)
a. Approval of minutes
1) January 9, 2014 special meeting

b. Financial reports and statements
1) Bank Statements
2) Budget – Quarterly
3) List of Disbursements

c. Notification of pending (received) applications (information only)
1) Union School Road Reorganization: Mountain Gate Community Services District; received October 17, 2013, awaiting response to comments.
2) Deschutes Road Area Annexation: City of Anderson; received December 18, 2013, response to comments received February 24, 2014.

6. CORRESPONDENCE & CLAIMS
a. Newsletters and Announcements
b. General Correspondence: None
c. Claims for current extraordinary work performed processing the following applications (per Exhibit B of Executive Officer Agreement) (Discussion/Action)
1) File #13-03 – Union School Road Reorganization (Mountain Gate CSD)
2) File #13-04 – Deschutes Road Annexation (City of Anderson)

7. SCHEDULED PUBLIC HEARINGS (Consideration/Action)

Please Note: Only those issues which are brought up at the public hearing described in this agenda or in written correspondence delivered to the LAFCO Commissioners at or prior to the hearing, may be raised in any legal challenge to the actions taken by the Commission.

a. Biennial Review: Conflict of Interest Code & Designated Positions Resolution for 2014
b. SOI/MSR Update Hearings:
1) Igo-Ono Community Services District
2) County Service Area #15 – Lighting
c. Application/proposal Hearings:
1) Fall River Valley Community Services District Application for SOI/MSR Update
d. Continued Hearings: None
e. Conducting Authority Hearings: None
f. Annual Budget Hearings: None

8. NEW BUSINESS: None

9. OLD BUSINESS Continued or non-hearing related matters (Possible Actions)
a. Commission Committee Reports: Fiscal & Executive
b. Review of Commission Committees (possible action)
1) Amend Policy 2.2 and 2.6 to clarify membership
2) Executive Committee (Chair, Vice Chair, plus one)
3) Fiscal Committee (three seated Commissioners without respect to agency served). Includes oversight for annual budget development.
c. Affirm committee appointments for remainder of fiscal year.

10. CLOSED SESSION
a. Items Under Consideration During Closed Session:
1) Pursuant to Government Code Section 54956.9: Existing Litigation (Briggs, et al. v. Shasta LAFCO)
2) Pursuant to Government Code Section 54956.9(c): Potential Litigation

b. Return to Open Session & Announcement of Any Reportable Actions

11. EXECUTIVE OFFICER REPORTS
a. Administrative & Operations
1) Staffing
2) Operations

b. Other staff Reports
1) California Department of Fish & Wildlife CEQA Environmental Document Filing Fees (Information/Discussion/No action required)

12. COMMISSIONER ANNOUNCEMENTS

13. STAFF ANNOUNCEMENTS
a. LAFCO 101 Workshop scheduled for 1:00 p.m. March 6th following the meeting
b. Next Meeting date and location: April 3, 2014 @ Shasta Lake City Council Chambers
c. Future proposed agenda items
1) SOI/MSR for Resource Conservation Districts
2) SOI/MSR Mosquito Abatement & Vector Control Districts
d. CALAFCO Staff Workshop April 23-25 in Berkeley, “Building Bridges to the Future: Collaboration & Cooperation”; the office will be closed during those dates.

14. ADJOURNMENT OF MEETING

PLEASE NOTE: The Shasta Local Agency Formation Commission (LAFCO) welcomes you to its meetings which are regularly scheduled for the first Thursday of every other month beginning at 9:00 a.m. This meeting is to be held as noticed above. Meeting times and locations may be changed from time to time when necessary. Your interest is encouraged and appreciated. If requested, the agenda and its documents shall be made available alternate formats to persons with a disability pursuant to Section 202 of the Americans with Disabilities Act of 1990, and federal rules and regulations adopted in implementation thereof. Upon receipt of written request, the requested materials will be mailed at the time the agenda is posted pursuant to Government Code 54954.2.

Note for Item 3.3:
*Government Code Section 84608 requires that a Commissioner (regular or alternate) disqualify herself or himself and not participate in a proceeding involving an “entitlement for use” application if, within the last twelve (12) months, the Commissioner has received $250.00 or more in business or campaign contributions from an applicant, an agent of an applicant, or any financially interested person who actively supports or opposes a decision on the matter. A LAFCO decision approving a proposal (e.g., for an annexation) will often be an “entitlement for use” within the meaning of Section 84308. Sphere of Influence determinations are exempt under Government Code Section 84308. If you are an applicant or an agent of an applicant on such a matter to be heard by the Commission and you have made business or campaign contributions totaling $250.00 or more to any Commissioner in the past twelve (12) months, Section 84308(d) requires that you disclose that fact for the official record of the proceeding. The disclosure of any such contribution (including the amount of the contribution and the name of the recipient Commissioner) must be made either 1) in writing and delivered to the Secretary of the Commission prior to the hearing on the matter, or 2) By oral declaration made at the time the hearing on the matter is opened.

AGENDA

1.       CALL TO ORDER (Chair)

a.         Roll Call

b.         Pledge of Allegiance offered by Brenda Haynes

2.       PUBLIC COMMENT

Members of the public are invited to address the Commission at this time regarding any item that is not scheduled for discussion as part of this agenda, and that are within the jurisdiction of LAFCO.  Comments may be limited to three (3) minutes per person.  No action will be taken by the Commission at this meeting as a result of items presented at this time.

3.       ADOPTION OF AGENDA

a.         Additions or Changes to the Agenda (Chair)

b.         Meeting Protocol (Chair)

c.          Business/Campaign Conflict Disclosures* (Chair)

4.       SPECIAL PRESENTATIONS:    None scheduled

5.       CONSENT CALENDAR (Government Code 56857)

a.         Approval of minutes

(1)       September 12, 2013 special meeting: corrected minutes

(2)       November 14, 2013 special meeting: minutes

b.         Financial reports and statements

(1)       Budget Review for 1st Quarter, Fiscal Year 2013-14

(2)       List of Disbursements for 1st Quarter, Fiscal Year 2013-14

(3)       LAIF Report for 1st Quarter, Fiscal Year 2013-14

(4)       Bank Statements for 1st Quarter, Fiscal Year 2013-14

c.          Payment of claims FY 2013-2014

(1)       For completion of ACID (Gore/Steiner) Filings (see report under 9.b.)

d.         Notification of received applications and status (information only; no report) (Lopez)

(1)       Union School Road Reorganization: Mountain Gate Community Services District; received October 17, 2013, requested more information from agency.

(2)       Deschutes Road Area Annexation: City of Anderson; received December 18, 2013, under review.

6.       Correspondence received (not related to matters scheduled for public hearing): None

7.       SCHEDULED PUBLIC HEARINGS:

Please Note:  Only those issues which are brought up at the public hearing described in this agenda or in written correspondence delivered to the LAFCO Commissioners at or prior to the hearing, may be raised in any legal challenge to the actions taken by the Commission.

 

a.         SOI/MSR Update Hearings: None scheduled

b.         Application/proposal Hearings: None scheduled

c.          Continued Hearings: None scheduled

d.         Conducting Authority Hearings: None scheduled

e.         Annual Budget Hearings: None scheduled

8.       NEW BUSINESS

a.         Discussion/Action:  Miscellaneous non-project or matters initiated by Commissioner(s)

(1)       CPA advisory services to support fiscal reorganization efforts

9.       OLD BUSINESS

a.         Continued matters or updates on non-hearing related items (Possible Action)

(1)       Commission Committee Reports (if any)

(2)       Consideration of Applicants for Alternate Public Commission position and possible appointment (Lopez) (Action)

(3)       Shasta LAFCO Draft MSR/SOI Study Work Plan (Updated December 2013) (Lopez) (Action)

(4)       MSR/SOI Proposed Commission Draft Hearing Schedule for 2014 (Lopez) (Action)

(5)       Process regarding determination of “latent” services for Community Services Districts (CSDs) and County Service Areas (CSAs) (Requested by Chairman Baugh) (Lopez) (Information only)

(6)       Announcement of agreement between Shasta LAFCO and the Fall River Valley Community Services District (Underwood)

b.         Report on previous Commission actions

(1)       ACID (Gore/Steiner) Reorganization: Completion of Filings

10.   CLOSED SESSION

a.         Pursuant to Government Code Section 54956.9: Existing Litigation (Briggs, et al. v. Shasta LAFCO)

b.         Announcement of reportable actions, if any:     


11.   EXECUTIVE OFFICER REPORT

a.         Administrative & Operations

(1)       Staffing Report

(2)       Operations Report

(3)       Commission Organization Report

b.         Informational items (Action optional)

(1)       Disadvantaged Unincorporated Communities (DUC); SB 244 (Lopez)

(2)       CALAFCO Newsletter (August) (Lopez)

(3)       U.C. Davis Symposium on LAFCO – 50th Anniversary (Lopez)

12.   COMMISSIONER ANNOUNCEMENTS

13.   STAFF ANNOUNCEMENTS

a.         Future conferences, meetings, and/or events of interest to Commissioners

(1)       “Building Bridges to the Future: Collaboration and Cooperation” – CALAFCO Staff Workshop at Berkeley on April 23 – 25, 2014

b.         Next Meeting will include public hearings, and is scheduled for February 6, 2014, at the County Board of Supervisors Chambers, 1450 Court Street, Redding, CA 96001 (Check the Shasta LAFCO website at www.shasta.lafco.ca.gov prior to the meeting for any possible updates or changes,  and for agenda documents)

c.          Future proposed agenda items:  (Both items are scheduled on the same day in an effort to contain expenses for the consultant working on these two projects.)

(1)       Fall River Valley CSD SOI Application is expected to be ready for hearing at the March 6th special meeting identified in the attachment to Item 9.a.(4) above.

(2)       LAFCO 101 Workshop, to be facilitated by Mr. Robert Braitman, is now scheduled to be held on March 6th sometime after the LAFCO meeting; plans are being developed for a time and place.  Input from Commissioners is welcome.  This public workshop will be a noticed meeting and open to both agencies and the general public; no decisions or actions will be made at the meeting.

14.   ADJOURNMENT OF MEETING

⫷⫸

Note for Item 3.3:

*Government C ode Section 84608 requires that a Commissioner (regular or alternate) disqualify herself or himself and not participate in a proceeding involving an “entitlement for use” application if, within the last twelve (12) months, the Commissioner has received $250.00 or more in business or campaign contributions from an applicant, an agent of an applicant, or any financially interested person who actively supports or opposes a decision on the matter.  A LAFCO decision approving a proposal (e.g., for an annexation) will often be an “entitlement for use” within the meaning of Section 84308.  Sphere of Influence determinations are exempt under Government Code Section 84308.  If you are an applicant or an agent of an applicant on such a matter to be heard by the Commission and you have made business or campaign contributions totaling $250.00 or more to any Commissioner in the past twelve (12) months, Section 84308(d) requires that you disclose that fact for the official record of the proceeding.  The disclosure of any such contribution (including the amount of the contribution and the name of the recipient Commissioner) must be made either 1) in writing and delivered to the Secretary of the Commission prior to the hearing on the matter, or 2) By oral declaration made at the time the hearing on the matter is opened.

This meeting has been canceled.