June 13, 2013 Minutes
Special Meeting June 13, 2013
(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
Chairman Baugh called the meeting to order at 9:00 am at the Redding City Council Chambers at 777 Cypress Avenue in Redding. Commissioners Giacomini, Haynes, Jones, Morgan and Russell were present. Executive Officer Amy Mickelson, Attorney Jim Underwood and Clerk/Analyst Marissa Jackson were present as staff. Alternate Commissioner Fust was present as a member of the audience. Commissioners Day and Kehoe were absent.
PLEDGE OF ALLEGIANCE
Commissioner Haynes led the Pledge of Allegiance.
Jerry Monath, Fall River Valley CSD Board Chair requested that the District’s previously declined SOI be accepted by default. Terry Briggs submitted public comment regarding legal issues. Barbara Briggs, Fall River Valley CSD Board member, spoke regarding the District’s outstanding bill. Jan Lopez advised the Commission she is sharing her knowledge and informing them of the correct way to oversee things.
NOTICED PUBLIC HEARINGS
Fiscal Year 2013-14 Final Budget Hearing
Ms. Mickelson presented the proposed Final Budget. A copy of the proposed budget was circulated to all Cost-of-Share participants, including a statement of the potential additional cost for consultants, as well as noticed on the website and in the newspaper. She noted that a Draft Budget had been approved April 4, 2013. Within the discussion at that meeting, staff advised that it was her opinion that some additional funds would be necessary to meet statutory MSR requirements. The Final Budget that was circulated was identical to the draft budget previously approved. Staff recommended augmenting the proposed Final Budget with a line item for potential consultant costs of $30,000. Staff reported that one letter was received and included in the agenda packet under Correspondence Received, as were as a few phone calls, concerned with additional costs.
At that time, Mr. Underwood presented an outline to streamline MSR studies, which staff noted was the assumed procedure when considering the budget recommendation.
The public hearing was opened at 9:50 am. Barbara Briggs suggested converting employees to contractors. Commissioner Irwin Fust, speaking as a Director of Clear Creek Community Services District, opposed the line item as his district is in the process of updating their MSR. Jan Lopez stated that she presented a budget in April and that it can be amended before it is finalized. Jerry Monath and Terry Briggs also opposed the $30,000 line item.
The public hearing was closed at 10:03 am. After much discussion, a motion was made (Jones) and seconded to accept the Draft Budget as previously presented. Commissioners Giacomini and Russell dissented. Following discussion, a second motion was then made (Jones) to reconsider the previous vote and it passed unanimously. A third motion was made (Jones) to adopt the Draft Budget from April without the additional $30,000 line item for MSRs, the motion was seconded and passed with one dissenting vote (Giacomini). For clarity, staff noted that the budget adopted was the same as the proposed Final Budget that had been circulated.
Gore/Steiner Annexation to ACID
The Executive Officer reported that ACID had submitted a proposal to annex 17 parcels (2,286 acres) and concurrently amend their SOI to include the affected area. The project area, located in southeast Redding, is primarily undeveloped. The McConnell Foundation and John Steiner are requesting annexation for irrigation of approximately 317 acres lost due to the construction of Saeltzer Dam. No further development is planned for the area. As lead agency, ACID adopted a Negative Declaration for the proposal. It is an uninhabited, 100% consent application. Staff recommended approval as presented. A letter of support was received from Rivers of Recovery. Duane Miller, Engineer for ACID, agreed with staff’s analysis and responded to a question regarding the size and boundaries of the project.
Staff noted that at the time of application ACID had been exempted from MSRs, and although the Commission recently overturned that ruling, recommended adopting this proposal without one. Commissioner Jones asked counsel if the annexation could proceed with no MSR. Mr. Underwood advised that statutory language states ‘as necessary’ and also does not recommend one at this time given the facts of the proposal, however he did recommend adding language to the resolution.
The public hearing was opened at 10:26 am. Keith Hamblin, Consultant, offered to answer questions. Michael Caranci from the Fly Shop spoke in favor of the proposal. Jan Lopez said the acreage was not pre-zoned by the City and that a CEQA determination cannot be made. The public hearing was closed at 10:33.
Ms. Mickelson advised that CEQA had been done by ACID as the lead agency and neither the City nor the County submitted comment. Attorney Underwood verified that everything was in order and that property use is not determined by LAFCO. After some discussion, a motion was made (Russell) to accept the proposal as presented along with the language suggested by counsel regarding the MSR. The motion passed unanimously.
Commissioner Baugh asked for individual discussion regarding April 4, 2013 Minutes. As to the balance of the Consent Calendar, an approval motion was made (Haynes), seconded and passed unanimously.
Regarding the April minutes, Commissioner Baugh asked for the latter half of the first sentence under Budget and Fiscal Affairs to be stricken from the record as it appeared to be an opinion offered by the Executive Officer, not fact. He also questioned if a mistake had been made and a vote had not been recorded on page two, in the first paragraph. Staff advised that they had listened to the recording again to find the vote in question and instead, apparently a second motion was accepted while the preceding motion was still under discussion. Commissioner Baugh also requested that his ‘no’ vote on the legal contract be added which was due to the fact that an RFP had not been circulated. Commissioner Giacomini moved to approve the changes to the April 4, 2013 Minutes, the motion was seconded and passed.
SPECIAL STUDIES AND REPORTS
The Executive Officer provided a proposed schedule for MSR and SOI studies, pursuant to the Commission’s direction at the April meeting. She advised that much research was needed to make accurate findings and that there were notice requirements and mapping requirements involved, in addition to regular LAFCO duties. The schedule was drafted assuming that information would be readily provided by the districts and that Mr. Underwood’s previously discussed plan for expedited studies was also assumed.
Barbara Briggs questioned when Fall River Valley CSD would be included on the schedule. The Commission that at the November 2012 meeting, the Commission directed staff to abandon any further work on the FRVCSD MSR/SOI until the District took action to rectify their Latent Powers/Parks and Recreation discrepancy. Jan Lopez stated that the policy does not allow for CEQA.
After an extensive discussion, a motion was made (Haynes) not to accept the plan of work. The motion was seconded and more debate followed. A second motion was made (Haynes) to reject the plan presented and request a new plan with an expedited time frame and policy for creating an MSR with information provided. Eventually, a third motion was made (Haynes) to reject the plan presented and request a new plan with an expedited time frame at the next meeting, in addition to drafting policy for MSRs. The motion was seconded and passed with two opposing votes (Morgan, Russell).
OPERATIONS AND ADMINISTRATION
These items on were continued to the next meeting date.
Commissioner Haynes indicated that her husband was captive at home with irrigation water. Commissioner Morgan advised that Shasta Lake’s Friday Night at Park Concert Series would be held at Clare Engel Park through August. Commissioner Russell announced a celebration for the Hill Country Clinic in Round Mountain on June 19th. Commissioner Haynes requested a closed session at the next meeting to discuss employee performance.
Ms. Mickelson reminded the Commission that the next LAFCO Meeting would be held on Thursday, July 11, 2013 at 9:00 am at Anderson City Council Chambers.
There being no further business, Chairman Baugh adjourned the meeting at 11:56 am.
Clerk to the Commission