Special Commission Meeting held on March 5, 2015
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.
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.)
(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.)