MINUTES
Regular Meeting April 1, 2010
(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.)

CALL TO ORDER/ROLL CALL/INTRODUCTIONS
Chairman Gover called the meeting to order at 9:00 am at the Shasta County Administrative Center Board Chambers, 1450 Court Street, Suite 263, Redding, CA. Commissioners Baugh, Dickerson, Fust, Gover, Haynes and Webster were present. Commissioner Kehoe was absent. Executive Officer Mickelson, Clerk Smith and Council Johnson were present as staff.

PLEDGE OF ALLEGIANCE
Commissioner Dickerson led the Pledge of Allegiance.

PUBLIC COMMENT
There was no public comment submitted.

PUBLIC HEARING: Consideration and Adoption of 2010-2011 Draft Budget as Required by Government Code Section 56381(c)

Ms. Mickelson reported that she met with the Budget Committee that was formed at the February 2010 LAFCO meeting and prepared a draft budget based on their recommendations. She stated that Commissioner Baugh specifically requested a budget that would not call for any increases to those entities that share the LAFCO cost. Ms. Mickelson created that budget as Option #2.

Ms. Mickelson stated that while the staff recommended draft budget does call for marginal increases to the entities that support LAFCO, she noted that the budget represents an 18% reduction from the current Fiscal Year. This is in addition to a 10% reduction made last year as well, with an overall reduction of 28% in two years. Ms. Mickelson reminded the Commission that contributions were frozen for the current and past two fiscal years due to the fact that LAFCO had generous reserves that were being spent to continue operations. Based on her calculations those reserves are projected to end the current fiscal year at the Commissions recommended 10% of expenditures.

Alternate Commissioner Mathena, who served as Chair of the Budget Committee, addressed the Commission. He stated that the Budget Committee met numerous times and made several recommendations, such as the consolidation of the GIS expenses.

Commissioner Dickerson stated that the Commission requested that a Budget Committee be formed and give a recommendation to the full Commission. He further stated that while contribution increases are an unpleasant reality, they are necessary since LAFCO is a mandated agency as well as the fact that this is what a majority of the Budget Committee recommended.

Commissioner Baugh, who served on the Budget Committee, stated he did not feel it was appropriate at this time to ask any entities to come up with additional funds. He stated that he did not think it was necessary to keep the office open to the public. Additionally, he felt that the $17,000 budgeted for the office lease could be significantly reduced. He believed LAFCO should make the sacrifices necessary in order to maintain the current contribution rates. He stated that he didn’t specifically support Option #2 but he supported not increasing rates. He suggested possibly having the City of Redding house Shasta LAFCO.

Commissioner Fust concurred with Commissioner Baugh and supported freezing the rates at the present amount. He stated that when the economy recovers LAFCO activity will increase. He stated that while he was not favor of Option #2, he supported the concept.

Commissioner Webster agreed that he supports keeping the contribution rates as low as possible; however he did not agree that LAFCO business has slowed down. He questioned if LAFCO could maintain the Analyst position with such a drastic cut in hours and without offering a benefit package. He felt it was necessary to keep the LAFCO office open in order to maintain availability to the public. He stated that if LAFCO doesn’t increase contribution rates that there will be considerable increases of 25%-40% in the coming years.

Chairman Gover stated that he felt Option #2 was thought provoking but didn’t feel that that option was the best proposal for LAFCO.

Commissioner Haynes stated that she would have difficulty supporting any increase in contributions. She agreed that $17,000 for the office lease is one of the largest expenses and would like to explore other options in regard to office space. She too didn’t like the idea of Option #2 but supported the concept of freezing contributions.

Commissioner Dickerson pointed out that even with an exclusion of rent altogether, there would still be a shortage of $2,300 in the Option #2 budget. Council Johnson pointed out that LAFCO should review the rental lease to verify the terms of the lease and to see if there is a buy out option available.

Ms. Mickelson informed the Commission that based on some of the figures from the State Controllers Office for the 07/08 fiscal year; it appears that there will be a shift in contributions for the Special Districts. This is due largely because both Bella Vista Water District (BVWD) and ACID reported significantly lower revenues to the State Controllers Office. She explained that the approximately $7,000 decrease in contributions from BVWD and ACID will be spread out among the remaining Special Districts.

At 9:35 a.m., the Public comment period on the 2010-11 Draft Budget was opened.

Phil Browning of Centerville CSD thanked the Commission for providing a copy of the Draft Budget to Centerville CSD. He asked if the monies budgeted for GIS is for a system already set in place. He requested that the Commission possibly spread out any necessary increases over the next couple of years.

In response to Mr. Browning’s question, Ms. Mickelson stated that the GIS system is still in a pending status. LAFCO has a couple of options before moving forward, however the cost of these options will determine which route LAFCO proceeds with.

Char Workman-Flowers of Clear Creek CSD stated that since the contributions for BVWD and ACID would be decreasing, this would most likely increase LAFCO contributions for Clear Creek CSD. She informed the Commission that Clear Creek CSD is not increasing their budget this year.

Alternate Commission Morgan, who also serves as a board member for the Shasta Lake FPD, stated that the Shasta Lake FPD will not have a revenue increase. He stated that the District had some lawsuits this past year which required the District to spend additional funds. The Shasta Lake FPD budget will not be increasing this year and any type of increase LAFCO would approve would be a detriment to the District.

Alternate Commissioner Mathena brought the Commissions attention to two items. The first was not budgeting any money for the reserve account. The second was the issue of the building lease and possibly moving the LAFCO office. He felt that that it was not reasonable or possible to find a new location with a significant rent decrease. He stated that the Commission has been living on the reserves and reiterated his support for the recommended draft budget that staff presented to the Commission. He felt it was a tight but necessary budget.

Commissioner Webster asked if this budget had any monies budgeted for reserves. Alternate Commissioner Mathena stated that it did not. Ms. Mickelson clarified the issue stating that the budget did not have any additional monies budgeted for reserves. The reserves that were previously budgeted are being held in the LAIF account.

Alternate Commissioner Farr suggested using some of the reserve funds in order to maintain the budget. In regard to the GIS line item, he felt that the budgeted amount of $4,000 is a best guess but it truly uncertain. He added that the costs associated with moving the LAFCO office, such as staff time involved in the office relocation as well as the possible cost to break the lease, should be considered. He did not support cutting staff and benefits. He concluded by saying that he supported the recommended draft budget.

Phil Browning stated that Clear Creek CSD used their reserves as part of their budget.

9:53 a.m. the Public comment period was closed.

Ms. Mickelson reminded the Commission that some numbers are likely to change for the 2010-11 Final Budget since many of the vendors were unable to provide LAFCO with accurate figures at this point in the draft budget process.

Commissioner Fust disagreed with Commissioner Webster regarding LAFCO activity. He wanted to know if there were any expenses such as the GIS services that could be put off for future years. Ms. Mickelson stated that if it wasn’t going toward GIS services for Sphere Reviews the monies would be put toward mapping instead. Commissioner Fust asked if LAFCO could put off Sphere Reviews and GIS services altogether. Ms. Mickelson stated that LAFCO is currently 15 years behind the mandate in regard to Sphere Reviews. Commissioner Fust stated that LAFCO could put off the Sphere Reviews and be 16 or 17 years behind. Commissioner Dickerson stated that GIS services are estimated at $4,000 this year, if this expense were to be put off for 2 or 3 years the cost is likely to increase significantly. Discussion followed.

Commissioner Baugh provided a motion to adopt Budget Option #2, in concept, with contributions totaling $186,000. Commissioner Fust provided the second. The motion failed for lack of a majority. Commissioners Dickerson, Gover and Webster dissented.

Commissioner Haynes left and was replaced by Alternate Commissioner Morgan at 10:07 a.m.

Commissioner Dickerson reiterated the fact that this was a draft budget and there will be adjustments to the final numbers. He suggested a partial increase in contributions combined with utilizing reserves in order to fund the recommended draft budget. He added that he didn’t want to lose staff and felt that the cuts being proposed in Budget Option #2 would likely cause that to happen. He stated that each year LAFCO supplements its budget with reserve funds it’s sending the message to member agencies that there is no need for them to budget any increase to cover actual LAFCO costs. Commissioner Webster concurred in regard to utilizing reserve funds and avoiding cutting staff. Discussion followed.

Commissioner Dickerson moved to adopt the recommended draft budget, directing staff to further review each line item for any possible reduction. Commissioner Webster provided the second. The motion failed for lack of a majority. Commissioners Baugh, Fust and Morgan dissented.

Commissioner Fust suggested using $10,000 from the reserve account and cutting the remainder from either GIS, rent and/or travel expenses in order to maintain the current contribution rates. Commissioner Baugh concurred.

At 10:35 a.m. Chairman Gover called for a 5-8 minute break.

At 11:43 a.m. the meeting resumed.

By motion made and seconded (Fust, Dickerson), the Commission approved a budget to the total income recommendation of $204,000, utilizing $10,000 from the reserve account to make up the difference, thereby allowing the opportunity of little to no increase. The Commission directed the Executive Officer to look for ways to reduce the budget as much as possible in order to maintain the current contributions totaling $186,000. Commissioners Dickerson and Webster dissented.

MINUTES
The minutes of February 4, 2010 were presented. By motion made and seconded (Baugh, Webster) the Commission approved the February 4, 2010 minutes. Commissioner Baugh abstained.

BUDGET & FISCAL AFFAIRS
Consideration of Checking Account Statements
Ms. Mickelson presented the following bank statements: US Bank: two statements dated January 31, 2010 and February 28, 2010; Tri Counties Bank: two statements dated February 17, 2010 and March 17, 2010; and LAIF: two statements dated January 2010 and February 2010.

Commissioner Webster requested that staff include a cover sheet for the bank statements showing a balance summary of each of the bank accounts.

Ms. Mickelson stated that a cover sheet would be included in future packets.

Fiscal Year 2009-10 3rd Quarter Transaction Register
The 3rd Quarter Transaction Register was presented for review and adoption.

By motion made and seconded (Baugh, Webster), the Commission approved the bank statements and the 3rd Quarter Transaction Record as presented.

CHANGES OF ORGANIZATION AND/OR REORGANIZATION
Report on Upcoming or Potential Proposals
The Executive Officer provided a brief report to the Commissioners regarding upcoming and expected proposals. This was an information item only. No action was taken.

SPECIAL STUDIES AND REPORTS
Municipal Services Reviews
Ms. Mickelson provided the Commission with the current MSR update. Ms. Mickelson stated that several MSRs will be coming before the board at the June meeting.

Commissioner Webster stated that the City of Anderson’s MSR is still moving forward and should be ready in the coming months. This was an information item only. No action was taken.

OPERATIONS & ADMINISTRATION
Report on Issue of LAFCO Quorum
Executive Officer Mickelson informed the Commission that as per adopted LAFCO Policy a quorum is the following: A majority of the Commission (four) shall constitute a quorum for the transaction of business; however, unless specifically otherwise provided, the Commission shall take no action except upon the affirmative vote of at least three members. This was an information item only. No action was taken.

Legal Opinion on MSR Exemption
Ms. Mickelson reminded the Commission that at the February 2009 meeting Council Johnson provided an opinion regarding the exemption for certain Districts that Shasta LAFCo had adopted in 2000 that waived their requirement to undergo Municipal Service Reviews.

Ms. Mickelson stated that she had recently spoken with several other LAFCOs who had adopted similar exemptions. She asked if the exemption had ever been legally challenged and they stated that the exemption had not been challenged. No action was taken on this item.

COMMISSIONER ANNOUNCEMENTS
Commissioner Baugh suggested staff look at LAFCOs current fee schedule and possibly changing those rates. He stated that he wasn’t here when the fee schedule was originally adopted and would like a clearer picture of how the fee structure was determined.

Council Johnson suggested a possible fee study.

Commissioner Gover stated that he did not want to overload the Executive Officer.

Executive Officer Mickelson asked that this issue be tabled until after the June meeting so staff could focus on the completion of the Final Budget. The Commission supported Executive Officer Mickelson’s suggestion.

STAFF ANNOUNCEMENTS
Ms. Mickelson advised the Commission the next Special LAFCO meeting is tentatively scheduled for Mary 6, 2010 at the City of Anderson. The Final Budget hearing will be on June 10, 2010 at the City of Redding.

CLOSED SESSION
Chairman Gover call for any public comment on the Closed Session item as noticed. There was no public comment. By motion made and seconded Dickerson/Baugh the Commission convened to Closed Session at 11:10 a.m. to discuss Public Employee Performance Evaluation (pursuant to Government code Section 54954.5(e)) Title: Executive Officer.

CLOSED REPORT
At 11:27 a.m. the Commission reconvened to open session. Commissioner Webster reported that Ms. Mickelson received an employee evaluation of above average. There was no salary increase offered as Ms. Mickelson had previously informed the Commission of her intention to waive any type of salary increase for herself due to the current economic climate.

ADJOURNMENT
There being no further business, Chairman Gover adjourned the meeting at 11:28 am.

Respectfully submitted,

Jessica Smith
Clerk to the Commission

Regular Meeting
April 1, 2010
9:00 am

Shasta County Administrative Center
Board Chambers
1450 Court Street, Suite 263
Redding, California 96001

The Local Agency Formation Commission welcomes you to its meetings which are regularly scheduled for the first Thursday of every other month beginning at 9:00 a.m. in the Board of Supervisors Chambers in the Shasta County Administrative Building or a City Council Chambers of an incorporated city in Shasta County, in or around Redding, California. (From time to time a meeting date, place and/or time may be changed due to holidays or other conditions which necessitate doing so.) Your interest is encouraged and appreciated. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted. . . “ (Section 54954.2)

AGENDA

  1. Call to Order/Roll Call:
  2. Pledge of Allegiance: Commissioner Dickerson
  3. Public Comment: Members of the public may address the Commission concerning matters within the jurisdiction of LAFCO which are not listed on the agenda. Comments may be limited to three minutes per person. No action may be taken on these matters.
  4. Public Hearing: Consideration and Adoption of 2010-2011 Draft Budget as Required by Government Code Section 56381(c) (Action)
  5. Minutes
    1. Minutes/Previous Meeting: February 4, 2010 (Action)
  6. Budget & Fiscal Affairs:
    1. Consideration of Checking Account Statements (Action)
    2. FY 2009-10 3rd Quarter Claims Register (Action)
  7. Special Studies and Reports
    1. Municipal Services Reviews: None
    2. Municipal Service Reviews: Status Report (Information)
  8. Changes of Organization and/or Reorganization:
    1. Reorganizations: None
    2. Conducting Authority Proceedings: None
    3. Report on Upcoming or Potential LAFCO Activity (Information)
  9. Operations & Administration:
    1. Report on Issue of LAFCO Quorum (Information)
    2. Legal Opinion on MSR Exemption (Action)
  10. Other Business:
  11. Commissioner Announcements
  12. Staff Announcements
    1. Special LAFCO Meeting: May 6, 2010 at the City of Anderson, beginning at 9:00 am
    2. Special LAFCO Meeting: June 10, 2010 at the City of Redding, beginning at 9:00 am
  13. Closed Session: The Commission will recess to a Closed Session to discuss the following: Public Employee Performance Evaluation (pursuant to Government Code Section 54954.5(e)), Title: LAFCO Executive Officer
  14. Closed Session Report:
  15. Adjourn

MINUTES
Regular Meeting February 4, 2010
(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.)

CALL TO ORDER/ROLL CALL/INTRODUCTIONS
Chairman Gover called the meeting to order at 9:00 am at the City of Anderson Council Chambers, 1887 Howard Street, Anderson, CA. Commissioners Dickerson, Fust, Gover, Haynes and Webster were present. Commissioners Baugh and Kehoe were absent. Executive Officer Mickelson and Clerk Smith were present as staff.

PLEDGE OF ALLEGIANCE
Commissioner Haynes led the Pledge of Allegiance.

PUBLIC COMMENT
There was no public comment submitted.

MINUTES
The minutes of December 10, 2009 were presented. By motion made and seconded (Haynes, Dickerson) the Commission approved the December 10, 2009 minutes. Commissioner Webster abstained.

BUDGET & FISCAL AFFAIRS
Consideration of Checking Account Statements
Ms. Mickelson presented the following bank statements: US Bank: two statements dated November 30, 2009 and December 31, 2009; Tri Counties Bank: two statements dated December 17, 2009 and January 18, 2010; and LAIF: two statements dated November 2009 and December 2009. By motion made and seconded (Dickerson, Fust) the Commission approved the bank statements as presented.

Fiscal Year 2009-10 2nd and 3rd Quarter Transaction Register
The 2nd and 3rd Quarter Transaction Register was presented for review and adoption. By motion made and seconded (Webster, Fust) the Commission approved the Fiscal Year 2009-10 2nd and 3rd Quarter Transaction Register.

Fiscal Year 2009-10 Mid Year Budget Update
Ms. Mickelson reviewed with the Commission the Mid Year Budget for Shasta LAFCO. She noted that LAFCO is on track to meet budget expectations and plans to continue to do so through the end of the fiscal year due to staff maintaining a minimalistic and very careful approach to spending.

By motion made and seconded (Webster, Fust), the Commission approved the Fiscal Year 2009-10 Mid Year Budget Update as presented.

Formation of Budget Committee
Ms. Mickelson stated that during the 2009-2010 Budget process the Commission determined that a Budget Committee would be a useful addition to the budget creation and review process. She estimated that there would be approximately 2-3 meetings prior to April, 2010 in which the appointed Committee members would be asked to participate in. Discussion followed.

By motion made and seconded (Fust Dickerson), the Commission appointed Commissioner Baugh, Alternate Commissioner Farr and Alternate Commissioner Mathena to serve on the Budget Committee. The Chair also designated Alternate Commissioner Mathena to serve as Chair of the Committee and Commissioner Kehoe to serve as an alternate Committee member.

CHANGES OF ORGANIZATION AND/OR REORGANIZATION
Report on Upcoming or Potential Proposals
The Executive Officer provided a brief report to the Commissioners regarding upcoming and expected proposals. This was an information item only. No action was taken.

SPECIAL STUDIES AND REPORTS
Municipal Services Reviews
Ms. Mickelson provided the Commission with the current MSR update. Commissioner Haynes asked if staff had received an answer in regard to the Commission’s authority to exempt specific types of districts. Ms. Mickelson stated that she recently spoke with Counsel Johnson regarding this matter and expects to have a report from legal counsel within the coming weeks.

OPERATIONS & ADMINISTRATION
CFPPC Form 700 Distribution and Instructions
Ms. Mickelson reminded the Commissioners that the Form 700 is needed in the LAFCO office no later than April 1, 2010 with an original signature.

OTHER BUSINESS
Update on CALAFCO Board Action on Regional Proposal
Ms. Mickelson presented the Commission with an update on the CALAFCO Board Action on Regional Proposal. No action was taken.

Possible LAFCO- Sponsored Educational Workshop for Special Districts
Ms. Mickelson stated that over the past year, LAFCO has been contacted numerous times from the Grand Jury as well as several special districts in regard to potentially offering education opportunities. Ms. Mickelson stated that she has been in contact with California Special Districts Association and discussed the possibility of a joint effort to provide an education opportunity in Shasta County.

In regard to regard to the cost of such a workshop, Ms. Mickelson stated that the participant’s registration would cover the actual cost of the workshop and LAFCO would work diligently to keeps registration fees as low as possible.

The Commissioners expressed their support for the proposed workshop. Commissioner Fust stated that many board members are not familiar with the Brown Act and this would be a good opportunity to help educate them.

Commissioner Dickerson suggested finding ways to make attendance as high as possible. He suggested possibly utilizing the media as an effective means.

By motion made and seconded (Haynes, Webster), the Commission directed staff to seek input and weigh interest from the special districts in the area in regard to a LAFCO sponsored educational workshop.

COMMISSIONER ANNOUNCEMENTS
Commissioner Webster announced that the first house was sold in the Vineyards subdivision.

Commissioner Farr asked staff to research if a quorum is based on the majority of members present at a Commission meeting or if it’s based on membership. He also stated that he was on the CSDA board for 6-7 years and would be available to help in anyway with the workshop staff proposed at today’s meeting.

STAFF ANNOUNCEMENTS
The next LAFCO Meeting will be held on Thursday, April 1, 2010 at the Shasta County Administrative Center. A special meeting will likely be held on May 6, 2010. The location of that meeting will be announced when known.

Ms. Mickelson stated that each of the Commissioners will be receiving a mailed self- evaluation for the Executive Officer along with a blank evaluation for the Commissioners to complete and return to the Chair. Full instructions will be included with the evaluation.

ADJOURNMENT
There being no further business, Chairman Gover adjourned the meeting at 9:45 am.

Respectfully submitted,

Jessica Smith
Clerk to the Commission

Regular Meeting
Thursday
February 4, 2010
9:00 am

Anderson City Hall
1887 Howard Street
Anderson, California 96007

The Local Agency Formation Commission welcomes you to its meetings which are regularly scheduled for the first Thursday of every other month beginning at 9:00 a.m. in the Board of Supervisors Chambers in the Shasta County Administrative Building or a City Council Chambers of an incorporated city in Shasta County, in or around Redding, California. (From time to time a meeting date, place and/or time may be changed due to holidays or other conditions which necessitate doing so.) Your interest is encouraged and appreciated. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted. . . “ (Section 54954.2)

AGENDA

  1. Call to Order/Roll Call:
  2. Pledge of Allegiance: Commissioner Kehoe
  3. Public Comment: Persons wishing to address the Commission on a matter, which is not listed on the agenda for a public hearing, should notify the Commission Clerk prior to the start of the meeting. Pursuant to Government Code Section 54950, action or Commission discussion cannot be taken on public comment matters other than to receive the comments and, if deemed appropriate and necessary, to refer the subject matter to staff for follow-up and/or to schedule the matter on a subsequent agenda.
  4. Minutes
    1. Minutes/Previous Meeting: December 10, 2009 (Action)
  5. Budget & Fiscal Affairs:
    1. Consideration of Checking Account Statements (Action)
    2. FY 2009-2010 2nd and 3rd Quarter Claims Register (Action)
    3. FY 2009-2010 Mid Year Budget Update (Action)
    4. Formation of Budget Committee (Action)
  6. Special Studies and Reports
    1. Municipal Service Reviews: Status Report (Information)
  7. Changes of Organization and/or Reorganization:
    1. Report on Upcoming or Potential LAFCO Activity (Information)
  8. Operations & Administration:
    1. FPPC Form 700 Distribution and Instructions (Information)
  9. Other Business:
    1. Update on CALAFCO Board Action on Regional Proposal (Action)
    2. Possible LAFCO-Sponsored Educational Workshop for Special Districts (Action)
  10. Commissioner Announcements
  11. Staff Announcements
    1. Next Regular Meeting: April 1, 2010 at the Shasta County Administrative Center, beginning at 9:00 am
  12. Adjourn

Special Meeting
December 10, 2009
9:00 am

Redding Civic Center – Council Chambers
777 Cypress Avenue
Redding, California

The Shasta Local Agency Formation Commission welcomes you to its meetings which are regularly scheduled for the first Thursday of every other month beginning at 9:00 a.m. in the Board of Supervisors Chambers in the Shasta County Administrative Building or a City Council Chambers of an incorporated city in Shasta County, in or around Redding, California. (From time to time a meeting date, place and/or time may be changed due to holidays or other conditions which necessitate doing so.) Your interest is encouraged and appreciated.

If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section
202 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted. . . “ (Section 54954.2)

AGENDA

  1. Call to Order/Roll Call:
     
  2. Pledge of Allegiance: Commissioner Farr
     
  3. Public Comment: Members of the public may address the Commission concerning matters within the jurisdiction of LAFCO which are not listed on the agenda. Comments may be limited to three minutes per person. No action may be taken on these matters.
     
  4. Noticed Public Hearings
    1. Conducting Authority Hearing: LAFCO File #09-02, CSA #6 – Jones Valley (Elk Trail) (Action) Shasta Local Agency Formation Commission conditionally approved the Jones Valley (Elk Trail) Reorganization (LAFCO File #09-02) on November 5, 2009.
      Now, LAFCO will convene a Conducting Authority hearing for the sole purpose of receiving written protest against the Jones Valley (Elk Trail) Reorganization. Protest forms from registered voters and landowners residing inside the affected area only will be collected until the close of the hearing and may have been submitted as well, prior to the hearing by mail or personal submission.
      No action, other than the collection of the protest ballots and the subsequent closing of the ballot receiving period will occur. Results of the ballot tabulation will be announced at a later date.
       
  5. Minutes
    1. Minutes/Previous Meeting: October 1, 2009 (Action)
    2. Minutes/Previous Meeting: November 5, 2009 (Action)
       
  6. Budget & Fiscal Affairs:
    1. Fiscal Year 2009-10 2nd Quarter Transaction Register (Action)
    2. Consideration of Checking Account Statements (Action)
    3. Consideration of Deposit to Tri Counties Bank Checking Account (Action)
       
  7. Changes of Organization and/or Reorganization:
    1. Report on Upcoming Proposals (Information)
       
  8. Operations & Administration:
    1. Consider Contract for Legal Services (Action)
    2. Consider CALAFCO Regional Structure (Action)
       
  9. Commissioner Announcements
     
  10. Staff Announcements
    1. LAFCO Office Closure, December 24th – January 1st
    2. Regular LAFCO Meeting: February 4, 2010 at the City of Anderson, beginning at 9:00 am
       
  11. Adjournment

MINUTES
Regular Meeting – November 5, 2009
(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.)

CALL TO ORDER/ROLL CALL/INTRODUCTIONS
Chairman Gover called the meeting to order at 9:00 am at the City of Redding Council Chambers, 777 Cypress Ave, Redding, CA. Commissioners Baugh, Dickerson, Farr, Fust, Gover, Haynes & Kehoe were present. Executive Officer Mickelson, Counsel Johnson and Clerk Smith were present as staff.
 

PLEDGE OF ALLEGIANCE
Commissioner Kehoe led the Pledge of Allegiance.
 

PUBLIC COMMENT
There was no public comment submitted.
 

CHANGES OF ORGANIZATION AND/OR REORGANIZATION
LAFCO File #09-2, CSA #6 – Jones Valley (Elk Trail) Reorganization
Ms. Mickelson presented the Commission with LAFCO File #09-02, CSA #6 – Jones Valley (Elk Trail) Reorganization. Shasta County submitted an application to LAFCO requesting initiation of proceedings for reorganization, seeking to annex 194 parcels (approximately 1,742 acres) into CSA #6 and concurrently detaching a portion of the proposal area from the Bella Vista Water District Sphere of Influence. The proposed reorganization was presented as a conditional proposal, pending subsequent Proposition 218 proceedings to fund necessary water system upgrades. The proposal area is generally located three miles north of Highway 299 on Dry Creek Road in the Bella Vista area. The project encompasses the Elk Trail East and West neighborhoods.The annexation was proposed because a majority of the existing private wells in the project area fail to yield sufficient or quality potable water. This was an inhabited, non‐100% consent application with some affected agencies. Comments received from Bella Vista Water Distrit(consenting to their Sphere amendment) and from the Shasta County Fire Department (supporting the proposal) were attached and incorporated herein. Several comments from affected property owners and residents were attached as well.

Commissioner Dickerson asked if there had been any opposition from any affected agencies. Ms. Mickelson responded that there had been no stated agency opposition, only support.

Commissioner Kehoe requested a presentation from Pat Minturn, Director of Public Works of Shasta County.

Mr. Minturn explained that this project has been a long time coming and County staff has been diligently working to get this project moving forward and at the place that it is today. There were two landowner straw polls conducted in the past three years, both which were supported by over 80% of landowners. The project is projected to cost 10 million dollars.

Approximately 3.5 ‐ 6.5 million dollars is expected to be granted by various State and Federal funding sources. The State has committed to loan the remaining funds at 0% interest for 30 years. It is projected that with a best‐case funding scenario, the total cost per parcel will be around $20,000, which is approximately $60 a month.

After, Mr. Minturn’s presentation, Commissioner Farr asked upon what grounds a Commissioner would be able to vote no on the proposed project. Counsel Johnson stated that it has to do with the factors set forth in the Government Code in light of the evidence before the Commission today. If the majority of the factors are met by this proposal, then the Commission should approve the project. If not, then the Commission would need to deny the project, based on the factors provided.

Executive Officer Mickelson stated that those factors are delineated in the staff report per Government Code §56668. Ms. Mickelson then read the factors as mandated by Government Code §56668 at Commissioner Kehoe’s request.

Commissioner Haynes asked when the process for Proposition 218 would begin and where the nine month time period comes from; as found on the page 4, section 14, of the application submitted to LAFCO.

Mr. Minturn stated that as of right now it is known when the process would begin. The nine month time period is needed to select & hire an engineer; as well as allowing time for the selected engineer to gather necessary information and prepare their report.

At 9:46 am, the Public Comment period was opened.

Ms. Kathy Jalquin opposed the project and did not agree with the studies that were done on the wells in the Elk Trail area.

At 9:53 am, the Public Comment period was closed.

By motion made and seconded (Kehoe/Haynes), the Commission unanimously approved the CSA #6

Jones Valley (Elk Trail) Reorganization, LAFCO file# 09‐02, conditioned upon subsequent Proposition 218 proceedings, as recommended by staff.
 

OPERATIONS & ADMINISTRATION
Consider Secondary Responses to Legal Request for Proposal
At the October 1, 2009 LAFCO meeting, the Commission requested clarification on a few items regarding the provision for legal services proposed from John Kenney and Elizabeth Johnson. Specifically the issues of availability during Commission meetings and how that availability would be billed were at interest. The Commission reviewed the responses provided by both Mr. Kenney and Ms. Johnson. Discussion followed.

By motion made and seconded (Fust/Farr), the Commission approved contracting with Elizabeth Johnson for legal services. A contract will be negotiated and brought back to the Commission for approval.

Report on Shasta LAFCO Budget Notification Procedures
Ms. Mickelson reported that during the 2009 Budget process, there was some confusion, and ultimately some mistakes made by LAFCO staff in regard to noticing the Draft & Final Budget. Staff has apologized publically for those issues and has offered assurance to the Commission that the errors will not be repeated. The Commission accepted that assurance and staff has implemented some changes to support that assurance.

At the October 1, 2009 LAFCO meeting, some members of special districts asked that those assurances be shared publically and therefore, the Commission asked that the item be placed on a future agenda.

Ms. Mickelson shared the changes that had been made to remedy the situation. (1) A goal to add every special district to our email agendas listing by the end of 2009. This increases the disbursement of our agendas which contain pertinent information, such as the budget schedule. (2) The addition of the task of noticing special hearings and budget processes will be added to the Analyst’s job description at her upcoming review and will be listed as a specific goal for attainment. (3) Perhaps, most importantly, a reminder system via Microsoft Outlook, that schedules the notifications via appointments.

Commissioner Haynes stated that she felt the situation had been sufficiently addressed.

Commissioner Farr disclosed that he had met with Phil Browning of Centerville CSD and David Coxey of Bella Vista Water District regarding this situation. He asked staff if LAFCO was required to mail the Draft & Final Budget and who receives agenda notices as well as full packets.

Ms. Mickelson stated that we are obligated to mail the Draft & Final Budget to the County, Cities and Special Districts. She stated that the agenda is sent to agencies who have requested such. Approximately 88% of the Special Districts receive LAFCO agendas either via e‐mail or USPS. A lesser number of Special Districts receive full packets. The Draft and Final Budgets are also noticed in the Record Searchlight and the agenda is available on the LAFCO website.

Commissioner Baugh stated that mistakes happen, staff has acknowledged that & will work diligently follow policy & procedures.

Mr. Browning of Clear Creek CSD again stated that he did not receive a copy of the Draft Budget. He asked the Commission if they had received a copy of a letter addressed to Chairman Gover that he had dropped off at the LAFCO office two days prior to the August 6, 2009 meeting. The Commission assured Mr. Browning that they indeed did see a copy of the letter immediately after the August 6, 2009 meeting.

Commissioner Dickerson asked Special Districts give more consideration in regard to timing when submitting correspondence.

Mr. Coxey of Bella Vista Water District stated the he was concerned about the increase of LAFCO contributions over the years for BVWD. The staff report was received and filed. 

COMMISSIONER ANNOUNCEMENTS
Commissioner Farr reported on the CALAFCO conference that he recently attended in place of Ms. Mickelson. Commissioner Farr stated that that idea of a CALAFCO regional structure had not been acted upon at the conference.

Commissioner Haynes thanked the Alternate Commissioners for attending the LAFCO meetings.

STAFF ANNOUNCEMENTS
The next Special LAFCO Meeting will be held on Thursday, December 10, 2009 at the City of Redding.

CLOSED SESSION
None

CLOSED SESSION REPORT
None

ADJOURNMENT
There being no further business, Chairman Gover adjourned the meeting at 10:43 am.

Respectfully submitted,

Jessica Smith Date
Clerk to the Commission