REGULAR MEETING
August 6th, 2015 at 9:00 a.m.
City of Redding Council Chambers
777 Cypress Avenue, Redding, CA 96001

AGENDA

1. CALL TO ORDER

a. Roll Call
b. Pledge of Allegiance

2. PUBLIC COMMENT

3. ADOPTION OF AGENDA

a. Additions/Changes to the Agenda
b. Business/Campaign Conflict Disclosures

4. SPECIAL PRESENTATIONS – None

5. CONSENT CALENDAR:

a. Approval of minutes for February 19, 2015
b. Approval of minutes for March 5, 2015
c. Approval of minutes for April 2, 2015
d. Approval of minutes for April 30, 2015
e. Acceptance of Shasta LAFCO Financial Reports for FY 2014/2015
f. Acceptance of Shasta LAFCO Financial Reports for FY 2015/2016

6. CORRESPONDENCE

a. CALAFCO – LAFCO 101: Understanding and Applying the Basics

7. SCHEDULED PUBLIC HEARINGS – None

8. NEW BUSINESS

a. Consider Proposed MSR/SOI Update Plan (Potential Action)
b. Consider PERS Liability Issues & Options (Potential Action)

9. OLD BUSINESS

a. Consider Responses to RFP for Audit Services (Potential Action)
b. Consider Responses to RFP for Executive Officer Services (Potential Action)

10. INTERIM EXECUTIVE OFFICER REPORT (Informational)

11. CLOSED SESSION

a. Pending Litigation – Shasta LAFCO vs Amy Mickelson (Government Code Section 54956.9)
b. Pending Litigation – Jan Lopez vs Shasta LAFCO – Labor Commission Claim (Government Code Section 54956.9)
c. Potential Litigation (Government Code Section 54956.9)
d. Consider the Appointment or Employment of an Executive Officer Pursuant to Government Code Section 54957(b)
e. Open Session Report (If any reportable actions)

12. COMMISSIONER ANNOUNCEMENTS (Informational)

13. STAFF ANNOUNCEMENTS

a. Next Regular Meeting is scheduled for October 1st at 9:00 a.m. located at the Shasta
County Board of Supervisors Chambers.

14. ADJOURNMENT OF MEETING

REGULAR MEETING
June 4, 2015 at 9:00 a.m.
Shasta County Board of Supervisors’ Chambers
1450 Court Street, Redding, CA 96001

AGENDA

1. CALL TO ORDER
a. Roll Call
b. Pledge of Allegiance

2. PUBLIC COMMENT

NOTE: 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 to the Agenda
b. Business/Campaign Conflict Disclosures

4. SPECIAL PRESENTATIONS: None

5. CONSENT CALENDAR:
a. Approval of minutes for April 2, 2015;
b. Approval of minutes for April 16, 2015;
c. Approval of minutes for April 30, 2015; and
d. Acceptance of Shasta LAFCO Financial Reports

6. CORRESPONDENCE: None

7. SCHEDULED PUBLIC HEARINGS:

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 copy LAFCO hearing protocols are available from the Clerk.
a. Adoption of Final Fiscal Year 2015-2016 Budget (Proposed Action)

8. NEW BUSINESS:
a. RFP for Audit Services (Proposed Action)
b. RFP for Executive Officer Services (Proposed Action)
c. Proposed Internal Controls Policies & Procedures (Proposed Action)
d. Proposed Northwest Lassen Fire District Dissolution & Annexation into McArthur Fire Protection District – Request that Lassen County LAFCO Serve as the Presiding Agency (Proposed Action)
e. Closed Session Attendance Policies & Procedures (Proposed Action)

9. OLD BUSINESS: None

10. INTERIM EXECUTIVE OFFICER REPORT (Informational)

11. CLOSED SESSION:
a. Potential Litigation (Government Code Section 54956.9);
b. Pending Litigation – Shasta LAFCO vs. Amy Mickelson (Government Code Section 54956.9); and
c. Open Session Report (If any reportable actions)

12. COMMISSIONER ANNOUNCEMENTS (informational)

13. STAFF ANNOUNCEMENTS

a. Next Regular Meeting: August 6th at the City of Redding Council Chambers

14. ADJOURNMENT OF MEETING

SPECIAL COMMISSION MEETING
April 30, 2015 at 9:00 a.m.
City Council Chambers
4488 Red Bluff Street, Shasta Lake, CA 96019

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. Attachments for this meeting are available in PDF on the agenda posted on our website at: www.shasta.lafco.ca.gov . Please let us know if you have difficulties downloading the attachments.

AGENDA – Revised

  1. CALL TO ORDER
    1. Roll Call
    2. Pledge of Allegiance offered by Commissioner Larry Farr
  2. PUBLIC COMMENT
  3. ADOPTION OF AGENDA
    1. Additions/Changes to the Agenda
    2. Business/Campaign Conflict Disclosures
  4. FISCAL YEAR 2014/2015 CASH-FLOW REVIEW (Potential Actions)
    1. Conduct a public hearing to accept comments on the Proposed FY 2015-16 Budget;
    2. Approve and authorize limited Shasta LAFCO office hours consistent with the recommended Cash-Flow Plan through June 30, 2015;
    3. Designate an Interim Executive Officer for the purpose of meeting Shasta LAFCO’s statutory obligations as may occur prior to the Commission’s appointment of an executive officer for the longer term, and authorize the Executive Committee to continue to work with and provide executive management direction to the Interim Executive Officer and General Counsel
  5. PROPOSED FISCAL YEAR 2015/2016 BUDGET ADOPTION (Potential Action)
    1. Conduct a public hearing to accept comments on the Proposed FY 2015-16 Budget;
    2. Adopt the Proposed FY 2015-16 Budget, as modified as the Commission may determine;
    3. Authorize and direct staff to inform the affected Shasta County local agencies of the Proposed FY Budget, and resulting requested cost share contributions without an increase from FY 2014-15;
    4. Consider directing staff, working with the Executive Committee, to develop a proposed Executive Officer request for proposals (RFP) that is consistent with the adopted Proposed FY 2015-16 Budget; and
    5. Consider directing staff, working with the Fiscal Committee, to develop a proposed auditing
      RFP that would solicit proposals for (a) Fiscal audits for FY 2012-13, 2013-14 & 2014-15 and (b) A detailed disbursements review for the period of October 2013 through March 2015.
  • REPORT ON LAFCO ISSUES UNDER REVIEW (Information Only)
    1. Internal Controls Policies and Procedures
    2. Application Fees Policies and Procedures
    3. McArthur Fire Protection District Annexation of Northwest Lassen Fire Protection District
  • NEXT MEETING
    June 4th held at the Shasta County Board of Supervisors Chambers
  • ADJOURNMENT OF MEETING

REGULAR MEETING
April 2, 2015 at 9:00 a.m.
Anderson City Council Chambers
1877 Howard Street, Anderson, California 96007

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. Attachments for this meeting are available in PDF on the agenda posted on our website at: www.shasta.lafco.ca.gov . Please let us know if you have difficulties downloading the attachments.

 

AGENDA

1. CALL TO ORDER
a. Roll Call
b. Pledge of Allegiance offered by Commissioner Stephen Morgan

 

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 to the Agenda* Chair/Counsel

*Note: Only the following additions/changes are permitted: (1) To change the order of noticed agenda items, (2) determine to continue or not consider a noticed agenda item, or (3) Discussion/Action on an item not appearing on the posted agenda if a defined statutory emergency situation is determined to exist by a majority vote of the legislative body (GC 56954.2(b) (1) and GC 54956.5)

b. Business/Campaign Conflict Disclosures**

**Note: 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.

 

4. SPECIAL PRESENTATIONS/APPOINTMENTS:

a. Fiscal Committee requests appointment of Bob Richardson (Alternate Public Member) to fill the vacancy on that Committee created by the resignation of Les Baugh on February 3, 2015.

 

5. CONSENT CALENDAR (Government Coded 56857):

a. Approval of minutes: None

b. Financial Status Reports: (To be removed from Consent Calendar for open discussion)
1) Chief Financial Officer Report; Attach A; Attach B; Attach C; Attach D; Attach E; Attach F
2) Working Draft Budget Estimated Through June 30, 2015
3) Current Balance Sheet

c. Notice of new or status of submitted applications (For information only)
1) #2012-03 – Mayers Memorial HD/Annexation #1; (application update meeting with District Board set for May 27, 2015)
2) #2013-03 – Mountain Gate CSD/Union School Road Reorganization (Property Tax Exchange still pending)
3) #2013-04 – Deschutes Reorganization (Certificate of Filing recorded; filing with the State Board of Equalization is pending)
4) #2014-01 – Shasta CSD/Foxwood #2 Reorganization received 07/10/2014 (Set for hearing on this agenda)
5) #2014-02 – Burney WD/Highmark Annexation received 07/15/2014 (Set for hearing on this agenda)
6) #2015-01 – CSA Dissolutions Request (8)/Shasta County BOS Application; Resolution of Application (New: received 03/18/2015)

 

6. Payment of Claims FY 2014-2015:

a. Foxwood #2 Reorganization/Shasta CSD: #2014-01
b. Highmark Annexation/Burney WD: #2014-02

 

7. Correspondence (Information only; no action) :

a. 02-21-2015 Record Searchlight article
b. 02-24-2015 Record Searchlight article
c. 02-24-2015 Mt. Echo articles
d. 02-25-2015 Letter to Baugh
e. 03-01-2015 Record Searchlight article
f. 03-03-2015 Mt. Echo articles
g. 03-10-2015 Mt. Echo articles
h. 03-17-2015 Mt. Echo articles
i. 03-19-2015 Record Searchlight article
j. 03-24-2015 Mt. Echo articles

 

8. 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 copy LAFCO hearing protocols are available from the Clerk.

a. #2014-01: Shasta Community Service District/Foxwood 2 Reorganization consisting of annexation of territory to Shasta CSD; concurrent detachment of said territory from Centerville CSD and CSA #1; and adoption of a Negative Declaration pursuant to California Environmental Quality Act (CEQA). 100% consent landowner application and resolution of application from Shasta CSD. Exhibit A; Exhibit B; Exhibit C; Exhibit D; Exhibit E; Exhibit F

b. #2014-02: Burney Water District/Highmark AnnexationHighmark Annexation and adoption of a Negative Declaration pursuant to the California Environmental Quality Act (CEQA). 100% consent landowner application. Exhibit A; Exhibit B; Exhibit C; Exhibit D; Exhibit E; Exhibit F

c. To consider review of a municipal service review and approval of an updated sphere of influence for the Fall River Valley Coordinated FPD Service Area SOI, and to consider and determine the project to be exempt from CEQA pursuant to Section 15262 of the CEQA Guidelines (Section 21083, Public Resources Code). Exhibit A; Exhibit B; Exhibit C; Exhibit D; Exhibit E; Exhibit F; Exhibit G; Exhibit H; Exhibit I; Exhibit J

 

9. NEW BUSINESS: Miscellaneous non-project or Commission initiated matters: (action requested)

a. Consider request of CSA #6 – Community Advisory Board to re-attach information presented for SOI/MSR approval for CSA #6 – Jones Valley SOI/MSR. Action requested: approve request for addition of background data presented.

 

10. OLD BUSINESS: (Action Requested)

a. Proposal between Jan Lopez and Shasta LAFCO for an 18-month agreement to provide Executive Officer services as an Independent Contractor; as revised on March 26, 2015; Lopez Attach; Past EO Attach

 

11. EXECUTIVE OFFICER REPORT:

a. Operations & Administration

 

12. CLOSED SESSION:

Members of the public may ask to address the Commission at this time regarding any item appearing below prior to the Commission adjourning to closed session. Comments may be limited to three (3) minutes per person. No action will be taken by the Commission on presented comments prior to entering closed session. Any actions taken by the Commission during the closed session on the matters listed below will be announced at the conclusion of the closed session in open session.

a. Confer With Legal Counsel Regarding Update on Existing Litigation Pursuant to Government Code Section 54956.9(a): (Shasta LAFCO v. Mickelson-Beadle)
b. Consider Performance of Executive Officer Pursuant to Government Code Section 54957(b)
c. Consider the Appointment or Employment of an Executive Officer Pursuant to Government Code Section 54957(b)
d. Announcement of any actions taken by the Commission on the above matters where required to be reported.

 

13. COMMISSIONER ANNOUNCEMENTS

 

14. STAFF ANNOUNCEMENTS

a. Next Special Meeting April 30, 2015: Draft Budget Hearing for FY 2015/2016, City of
Shasta Lake

b. Future proposed agenda items:
1) Final Budget Hearing for FY 2015/2016: June 4, 2015 (City of Shasta Lake)
2) #2015-01 – CSA Dissolutions Request (8)/Shasta County BOS Application

 

15. ADJOURNMENT OF MEETING

Fiscal Committee Meeting held on March 9, 2015 at 10:00 a.m located at the Shasta LAFCO office.

SPECIAL MEETING
March 5, 2015 at 9:00 a.m.
Redding City Council
777 Cypress Avenue, Redding, CA 96001

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. Attachments for this meeting are available in PDF on the agenda posted on our website at: www.shasta.lafco.ca.gov . Please let us know if you have difficulties downloading the attachments.

AGENDA
1. CALL TO ORDER
a. Roll Call
b. Pledge of Allegiance offered by Commissioner Dick Fyten

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 to the Agenda* Chair/Counsel

*Note: Only the following additions/changes are permitted: (1) To change the order of noticed agenda items, (2) determine to continue or not consider a noticed agenda item, or (3) Discussion/Action on an item not appearing on the posted agenda if a defined statutory emergency situation is determined to exist by a majority vote of the legislative body (GC 56954.2(b)(1) and GC 54956.5)

b. Business/Campaign Conflict Disclosures**

**Note: 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.

4. APPOINTMENT TO FISCAL COMMITTEE (Action)
a. Request to appoint new member to fill vacancy caused by resignation

5. CONSENT CALENDAR (Government Coded 56857):

a. Approval of minutes: None

b. Financial Status Reports: None

c. Notification of new and/or status of pending applications (Information only)
1) #2012-03 – Mayers Memorial HD/Annexation #1; (receiving updated agency comments)
2) #2013-03 – Mountain Gate CSD/Union School Road Reorganization (Property Tax Exchange pending)
3) #2013-04 – Deschutes Reorganization (completed and recorded 1/28/2015)
4) #2014-01 – Shasta CSD/Foxwood #2 Reorganization (received 07/10/2014) Property Tax Exchange completed; Certificate of Filing issued for 04/02/2015 hearing date
5) #2014-02 – Burney WD/Highmark Annexation (received 07/15/2014) Property Tax Exchange completed; Certificate of Filing issued for 04/02/2015 hearing date

6. Payment of Claims FY 2014-2015: None

7. Correspondence (Information only; no action) :

8. 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 copy LAFCO hearing protocols are available from the Clerk.
a. Fall River Valley Coordinated FPD Service Area SOI (continued from February 19, 2015) Proposed Action: Close continued public hearing, and schedule a new noticed public hearing for April 2, 2015.

9. NEW BUSINESS: Miscellaneous non-project or Commission initiated matters: None

10. OLD BUSINESS: None

11. EXECUTIVE OFFICER REPORT: None

12. CLOSED SESSION: None
Members of the public may ask to address the Commission at this time regarding any item appearing below prior to the Commission adjourning to closed session. Comments may be limited to three (3) minutes per person. No action will be taken by the Commission on presented comments prior to entering closed session. Any actions taken by the Commission during the subsequent closed session on the matters below will be announced at the at the conclusion of the closed session in open session.


13. COMMISSIONER ANNOUNCEMENTS

14. STAFF ANNOUNCEMENTS:
a. Conferences, meetings, and events of interest to Commissioners: None
b. Next Regular Meeting: April 2nd at the Anderson City Council Chambers
1) Proposed agenda items:
a. Draft Budget for Fiscal Year 2015-2015
b. #2014-01 – Shasta CSD/Foxwood #2 Reorganization
c. #2014-02 – Burney WD/Highmark Annexation

15. ADJOURNMENT OF MEETING
⫷⫸

For purposes of transparency, the relevant code section authorizing the closed session is cited below:

California Government Code
CHAPTER 9. Meetings [54950 – 54963]
(Chapter 9 added by Stats. 1953, Ch. 1588.)

54957.
(a) This chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public’s right of access to public services or public facilities.
(b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session.
(2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void.
(3) The legislative body also may exclude from the public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body.
(4) For the purposes of this subdivision, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. This subdivision shall not limit local officials’ ability to hold closed session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. (Amended by Stats. 2013, Ch. 11, Sec. 1. Effective January 1, 2014.)