STATE OF CALIFORNIA, COUNTY OF EL DORADO

Transcription

1 STATE OF CALIFORNIA, COUNTY OF EL DORADO LOCAL AGENCY FORMATION COMMISSION MINUTES NOVEMBER 13, 1997 Page 1 of 5 1. CALL TO ORDER AND ROLL CALL The meeting of the Local Agency Formation Commission held November 13, 1997, was called to order at 7:09 p.m. by Chair Bush at the Hearing Room, Building C of the Government Center, 2850 Fairlane Court, Placerville, California. COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Ken Bush, Chair Walt Shultz, Vice-Chair Wayne Haug, Commissioner Aldon Manard, Commissioner J. Mark Nielsen, Commissioner Margo Osti, Commissioner W. Trent Saxton, Commissioner ALTERNATE COMMISSIONERS PRESENT: Robert Flynn, Special Districts Kathi Lishman, City Harriett Segel, Public Member ALTERNATE COMMISSIONERS ABSENT: COMMISSION STAFF PRESENT: COMMISSION STAFF ABSENT: Raymond J. Nutting, Board of Supervisors Roseanne Chamberlain, Executive Officer Julie Hansen, Clerk to the Commission Louis B. Green, Counsel 2. ADOPTION OF AGENDA Commissioner Haug moved adoption of the agenda and the motion was seconded by Commissioner Osti. 3. DISPOSITION OF MINUTES OF THE LOCAL AGENCY FORMATION COMMISSION MEETING OF OCTOBER 2, 1997 Commissioner Haug moved approval and the motion was seconded by Commissioner Osti. 4. APPROVAL OF CLAIMS Commissioner Haug moved approval and the motion was seconded by Commissioner Osti.

2 Page Two Page 2 of 5 Commissioner Osti and Ms. Chamberlain discussed the billing submitted by the Planning Department. 5. PUBLIC FORUM/PUBLIC COMMENT Chair Bush opened the public forum and invited anyone who wished to address the Commission on any item not on the Agenda to do so at this time. No members of the public addressed the Commission. 6. REVIEW OF EXECUTIVE OFFICER POSITION (Public Hearing) Ms. Chamberlain addressed the action ofthe County Board of Supervisors, allowing the PERS conversion stipulated in her contract negotiated for the Executive Officer position. She stated the Clerk's position was determined by Human Resources to be in a separate department. Displacement rights in the event of layoff or change in status for the position held by Julie Hansen would in the past have been displacement rights within the entire Planning Department. The Local One Union contract provides that displacement rights are only within the department. Human Resources is discussing with the Planning Department an MOU or agreement that would allow the Commission Clerk to retain displacement rights within the Planning Department if there are staffing changes in the future she would not be unfairly deprived of the rights that she had previous to the Commission altering its structure for its budget. This was an inadvertent change that occurred as a result of separating its budget form the Planning Department. Because is a separate department now, her civil service rights in the event of needing a displacement are less. It was not intended by the Commission or Human Resources at the time the budget was changed that there would be any untoward occurrence as a result of the decision. Ms. Chamberlain stated she is waiting to hear from Human Resources as to the nature of the agreement and we would like to restore the civil service displacement rights to the Commission Clerk that she had prior to July 1st. Commissioner Nielsen expressed concern if the Clerk has the ability to remain subject to herself being displaced by someone in the Planning Department with more seniority if there is a cutback in the Planning Department, if this was the objective. Ms. Chamberlain stated the objective was the reverse and she would address Commissioner Nielsen's concerns with Human Resources. Chair Bush asked that Ms. Chamberlain discuss with Julie any concerns and the item be agendized. Ms. Chamberlain stated a meeting between Human Resources and the Planning Director was to be held a week ago and she has not been informed of the results. Chair Bush requested the item be agendized next month. Commissioner Haug inquired if the committee that made the recommendations needs to study this matter before it is heard by the Commission. Ms. Chamberlain stated this may be unnecessary. The Planning Director and the Human Resources Director think that an MOU can take care of the matter with Local One to review and sign the MOU also. Chair Bush stated the staff position will be continued to next month. No members of the public addressed the Commission and the public hearing was closed.

3 Page Three 7. Page 3 of 5 REVIEW OF FEE SCHEDULE (Public Hearing) Ms. Chamberlain reviewed the staff report. Commissioner Shultz addressed fees for disincorporation. Chair Bush inquired about documentation to calculate the amount in Miscellaneous Fees. Commissioner Haug moved to adopt the fee schedule as stated in the recommendations and the motion was seconded by Commissioner Shultz. No members of the public addressed the Commission. The Clerk clarified the motion. AYES: NOES: ABSTENTIONS: ABSENT: 8. Shultz, Manard, Haug, Osti, Nielsen, Lishman, Bush Saxton INTRODUCTION OF PETER BANNING Ms. Chamberlain introduced Peter Banning. 9. WORKSHOP FOR INCORPORATION POLICIES AND PROCEDURES (Public Hearing) Ms. Chamberlain introduced the staff report. Chair Bush suggested the Commission digest the item and take action at a later date. Commissioner Osti stated the Commission should hear from the public and addressed the issue of conflict of interest. Commissioner Haug requested that the Commission ask the FPPC if there is a conflict and would like to see this referred to a committee. The Commission and Counsel discussed contributions, conflict of interest, and exemptions. Chair Bush suggested a workshop on the issues of conflict. Mr. Banning reviewed the process of incorporation; players involved; eligibility and specific requirements on an application; plan for services; revenue neutrality; staff work; the Commission's action; modification of boundaries; acceptance or rejection of the executive officer's report; and issues of protest. Issues discussed by the Commission and staff included: revenue neutrality; length of time for terms and conditions; the negotiation of revenue neutrality, changes to special districts currently providing services; the issues addressed by a comprehensive fiscal analysis; the petition currently being circulated and issues of detachment of County Service Areas; and attendance by the alternates. Ms. Chamberlain addressed the collection of fees in relation to incorporations. Commissioner Nielsen requested the Executive Officer come in with a recommendation for each point. Chair Bush suggested the workshop be in a timely manner.

4 Page Four Page 4 of 5 Ms. Chamberlain addressed scheduling issues for December and indicated that special hearing dates might be set in January. Larry Brilliant, chairperson of EDH Incorporation Committee addressed the Commission. Items addressed included: the background of the EDH Incorporation Committee; participation in the development of the policies; issues outlined in the letter sent to the Commission; a request to the Commission to be as flexible as possible in the payment of fees; the process to move quickly; and encouraged the workshops and his desire to participate in the workshops. Norm Rowett, member of the EDH Incorporation Committee, addressed the Commission. Items addressed included: wanting to work with the Commission on payment of fees and the selection of some of the consultants; and rights of the people to look at the best choice of government. Harriett Steiner stated she would save her comments for the workshop. No other members ofthe public addressed the Commission. Chair Bush closed the public hearing for this evening. 10. OTHER BUSINESS A. COMMISSIONER ANNOUNCEMENTS Commissioner Haug announced that he and Alternate Segel attended the CA Conference. He reported on consolidation of districts, legislation and encouraged participation at CA Conferences. Alternate Segel stated the EI Dorado appears to work more harmonious than other 's. B. COUNSEL REPORT There were no Counsel items to report. C. EXECUTIVE OFFICER REPORT 1. Correspondence Ms. Chamberlain noted the letter to Bill Wright, attorney for the Winkelman project and Linda Curtis at EI Dorado Irrigation District. The issuance of a Certificate of Completion is pending a response from the District. 2. Report on Website/InterNet Ms. Chamberlain announced the address. 3. Job Evaluation Forms Ms. Chamberlain stated the job evaluation forms have not been completed due to the work load. The form submitted by Commissioner Osti will need to be re-designed. Ms. Chamberlain requested to defer the item until she has time to complete the project. 4. Legislation Update Ms. Chamberlain stated legislative bills were distributed for the Commission's review and announced the legislative hearing on Monday, November 17th. Ms. Chamberlain stated the report on water issues will likely be ready in January or February and will focus on water supply and pending litigation. Chair Bush requested Ms. Chamberlain to complete the report as soon as possible given the workload and stated his concerns over the development of legal issues related to water supply.

5 Page Five Page 5 of 5 Chair Bush thanked Peter Banning and Mr. Green. 11. ADJOURNMENT Chair Bush adjourned the meeting at 8:55 p.m. and announced that the next meeting will be held on December 4, ~u:vl?j;y L-- Chairperson JAH a:\minits97. nov