Local Agency Formation Commission agenda packet

LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF ALPINE Teola L. Tremayne Margaret Long Executive Officer County Counsel P.O. Box 158 Telephone 530-694-2281 Markleeville, CA 96120 FAX: 530-694-2491 AGENDA MARCH 1, 2022 1:30 P.M. IN-PERSON AND VIRTUAL MEETING Notice is hereby given that the Local Agency Formation Commission of the County of Alpine (LAFCO) will meet on March 1, 2022 at 1:30 p.m. (or as soon thereafter as possible following the regular meeting of the Board of Supervisors), at Board Chambers, Alpine County Government Center, 99 Water Street, Markleeville, California. Join Zoom Meeting or dial (346)248-7799 https://us06web.zoom.us/j/87172715151 Meeting ID: 871 7271 5151 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE Commissioners January Riddle, Terry Woodrow, Ron Hames, Kris Hartnett and Evan Mecak. Alternate Commissioner David Griffith and one alternate public member vacancy. 2. ORAL COMMUNICATIONS / PUBLIC COMMENT Opportunity for members of the public to address the Local Agency Formation Commission on matters not appearing on the agenda. No action may be taken. 3. APPROVAL OF MINUTES 3.1 3.2 Continued approval of special meeting minutes of February 7, 2022. Approval of regular meeting minutes of February 15, 2022. 4. PUBLIC HEARINGS None 5. UNFINISHED BUSINESS 5.1 Continued discussion and possible direction regarding the 2022/2023 Local Agency Formation Commission budget. 5.2 Continued discussion and possible direction regarding the Alpine County Sphere of Influence. 6. NEW BUSINESS 6.1 Request adoption of a resolution of intention approving the formation of the Independent Special District Selection Committee and adopting determinations; direct the Executive Officer to contact the special districts within 15 days after the adoption of the resolution. 7. EXECUTIVE OFFICER’S UPDATE 7.1 Report regarding Kirkwood Meadows Public Utility District’s request for initiating the annexation of Caltrans Peddler Hill Maintenance Station. 8. ADJOURNMENT The Local Agency Formation Commission will adjourn to the next regular meeting at the County Administrative Office Building. _________________________________________ Teola L Tremayne, Executive Officer / Clerk Alpine County Local Agency Formation Commission

LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF ALPINE 1. CALL TO ORDER / ROLL CALL OF MEMBERS Local Agency Formation Commission (LAFCo) Executive Director Teola Tremayne called the meeting to order at 10:00 AM. Commissioners January Riddle, Terry Woodrow, Ron Hames, Kris Hartnett, Evan Mecak and Alternate Commissioner David Griffith were present. There is one pubic member alternate vacancy. The Commission agreed by consensus to select a Chair and Vice Chair for the commission at the next meeting. 2. NEW BUSINESS 2.1 Presentation by Prentice Long, PC representative Margaret Long regarding LAFCo policies and procedures. County Counsel Margaret Long provided an introduction and general background information for LAFCo. Long reported that originally the duties of LAFCOs was to create cities and special districts, but since inception their responsibilities had increased. Long stated that LAFCo currently followed the Cortese-Knox Local Government Reorganization Act. Long reported that Alpine County did not currently have any special districts on its LAFCo Board. Long reported that every five years, LAFCo set the Spheres of Influences and updated it. Long outlined the functions of LAFCo which included; creation of new agencies, boundary changes for special districts and/or cities, district services and extensions of services outside of agency boundaries. Long reviewed Alpine County’s LAFCo specifically. In response to Commissioner Griffith’s question whether having three Commissioners as LAFCo Commissioners trumped the Brown Act rules, Long stated that the Brown Act still applied, that the LAFCo was a separate entity from the Board of Commissioners that was granted an exception to the rule of having a quorum of Board members serve on it because it is considered separate from the county. Long stated that LAFCo meetings still needed to be publicly posted, and held, that items needed to be agendized and that the meetings would have formal minutes. In response to Commissioner Hames’ question regarding LAFCo terms in relation to Board of Commissioner terms, Long explained that typically LAFCo was on the yearly appointment calendar, and that usually Board members would serve on it for four-year terms or until the end of their term as a Commissioner. Long announced that LAFCo decisions were not appealable by another administrative body. Long stated that LAFCo served as a Planning Agency which prepared Municipal Service Reviews, developed and updated Spheres of Influence and worked with public and private agencies on growth, preservation and service Teola L. Tremayne P.O. Box 158 Telephone 530-694-2281 Executive Officer Markleeville, CA 96120 FAX: 530-694-2491 SPECIAL MEETING MINUTES FEBRUARY 7, 2022 10:00 A.M. ITEM NO. 3.1LAFCO AGENDA PACKET PAGE 1

delivery. Also, as a Regulatory Agency which managed changed to existing agencies and the creation of new agencies, managed boundary changes, extension of public services and considered the impact of land use, though prohibited from directly regulating how land was used. Long announced that LAFCo was obligated to follow California Environmental Quality Act (CEQA). Long reviewed what Spheres of Influence and Municipal Service reviews were and how they applied to the duties of LAFCo. Long went over the processes and procedures steps for a Change of Organization, reporting that much of the process was staff driven before it went to LAFCo. Long stated that requests or applications for changes typically came from outside agencies, but a member of LAFCo could initiate a change. LAFCo Executive Director Teola Tremayne reported that there were a couple of projects coming up including a request for annexation and a special district request to be added to the LAFCo Commission. Long requested that Tremayne send her the information for an initial review. Long stated that once LAFCo had all of the required documentation, a certificate of filing would be sent and a 21-day public notice would be posted. Once LAFCo reviewed the application, they may approve or deny an application for change. In response to Commissioner Hames’ question regarding whether LAFCo should consider services across the state line when thinking about Spheres of Influence, Long stated that the Spheres of Influence were only within your county, but can be considered when looking at services from a global perspective. Long stated that services and resources like hospitals that were across state lines could be considered when creating communities, but could not be listed as Spheres of Influence. In response to Commissioner Griffith’s question whether there was a current Sphere of Influence and if there was a map that could be provided, Executive Director Teola Tremayne stated that she would locate the map and send it to the Commission. Long conducted a brief Question and Answer session, answering several procedural and technical questions from various Commissioners and Commissioners. 3. ADJOURNMENT The Local Agency Formation Commission adjourned to the next regular meeting on Tuesday, February 15, 2022 at 1:30 p.m. at the Alpine County Government Center. ____________________________________ Teola L. Tremayne, Executive Director, Local Agency Formation Commission By: Patricia Griffin, Assistant County Clerk *A complete audio/video recording of this meeting is available on the County website* www.alpinecountyca.govLAFCO AGENDA PACKET PAGE 2

LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF ALPINE 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE Local Agency Formation Commission Executive Officer Teola Tremayne called the meeting to order at 1:40pm. Commissioners January Riddle, Terry Woodrow, Ron Hames, Kris Hartnett and Alternate Commissioner David Griffith were present. There is one alternate public member vacancy. Commissioner Evan Mecak was absent. 1.1 Selection of Chair and Vice-Chair for 2022. Local Agency Formation Commission (LAFCo) Executive Officer Teola Tremayne opened up nominations for Chair. MOTION Riddle / SECOND Hames nominating Commissioner Terry Woodrow as Chair of the Local Agency Formation Commission for 2022. AYES: Riddle, Hames, Woodrow, Hartnett ABSENT: Mecak MOTION CARRIED. Chair Woodrow assumed the meeting and opened nominations for Vice Chair. MOTION Riddle / SECOND Woodrow nominating Commissioner Ron Hames as Vice Chair of the Local Agency Formation Commission for 2022. AYES: Riddle, Hames, Woodrow, Hartnett ABSENT: Mecak MOTION CARRIED. 2. ORAL COMMUNICATIONS / PUBLIC COMMENT Opportunity for members of the public to address the Local Agency Formation Commission on matters not appearing on the agenda. No action may be taken. None. 3. APPROVAL OF MINUTES 3.1 Approval of special meeting minutes of June 16, 2015. MOTION Hartnett / SECOND Riddle approving special meeting minutes of June 16, 2015. AYES: Riddle, Hames, Woodrow, Hartnett ABSENT: Mecak MOTION CARRIED. 3.2 Approval of special meeting minutes of February 7, 2022. This item was continued per Executive Officer Teola Tremayne. Teola L. Tremayne P.O. Box 158 Telephone 530-694-2281 Executive Officer Markleeville, CA 96120 FAX: 530-694-2491 REGULAR MEETING MINUTES FEBRUARY 15, 2022 1:30 P.M. ITEM NO. 3.2LAFCO AGENDA PACKET PAGE 3

4. PUBLIC HEARINGS None. 5. UNFINISHED BUSINESS None 6. NEW BUSINESS 6.1 Discussion and possible direction regarding the 2021/2022 Local Agency Formation Commission budget. LAFCo Executive Officer Teola Tremayne shared and reviewed the last adopted budget. Tremayne reported that the LAFCo budget had not been increased or decreased in several years. In response to Supervisor Hames’ question whether the budget came from Alpine County’s general fund, Tremayne stated that it did come from the County’s General Fund and that requests could be made to the Board of Supervisors to increase the budget as needed. After some discussion, the Commission agreed to put a budget discussion on for Unfinished Business at the next LAFCo meeting. 6.2 Discussion and possible direction regarding the Alpine County Sphere of Influence. LAFCo Executive Officer Teola Tremayne reported that Resolution No. 96-01 was the latest Sphere of Influence adopted by LAFCo. Tremayne reported that LAFCo had a consulting company create an updated Sphere of Influence in 2011, but that it was never adopted by LAFCo and that the results of that report were incomplete. Tremayne stated that the Sphere of Influence needed to be updated every five years. In response to Commissioner Hartnett’s questions regarding Kirkwood being autonomous in its Sphere of Influence or does it supersede Alpine County’s Sphere of Influence, Chair Woodrow stated that without having Counsel present at the meeting, that question was difficult to answer. Tremayne stated that she would forward the question to Counsel and get an answer for Commissioner Hartnett. Tremayne added that in her research, she came across many Spheres of Influence pertaining to Bear Valley and Kirkwood, but that the provided Sphere of Influence was the only one that pertained to Alpine County as a whole. Commissioner Griffith stated that LAFCo decided what the Sphere of Influence was for Alpine County so the final decisions regarding Spheres of Influence for all Special Districts and the County as a whole should be made by Alpine County’s LAFCo. Hartnett questioned whether the Special District entities were aware of Alpine County’s authority over their Spheres of Influence, Chair Woodrow stated that with the absence of Counsel, she wasn’t prepared to answer his questions and did not have answers. Executive Officer requested that Commissioner Hartnett send his questions to her in an email that she may forward to Counsel in order to provide correct answers. California Special District Association Field Coordinator Dane Wadlé stated that LAFCo had the power to determine Spheres of Influence of all local government agencies per State Law. Wadlé added that special districts were aware of the authority LAFCo holds regarding Spheres of Influence. Kirkwood Meadows Public Utility District General Manager Erik Christeson echoed what Wadlé shared and added that although Kirkwood Meadows Public Utility District sits in three counties, per an agreement between Amador and El Dorado and Alpine County, the other Counties look to Alpine County as the LAFCo jurisdiction over all of Kirkwood Meadows Public Utility District’s territory.LAFCO AGENDA PACKET PAGE 4

Executive Officer Teola Tremayne stated that she would like to bring this back with more information and some answers from Counsel. In response to Commissioner Hames’ question regarding the quickness of the process to change the Sphere of Influence, Tremayne stated that she did not think it was a quick process, but that she would forward that to Counsel as well. Dane Wadlé added that it took time to change the Sphere of Influence as there was a process in State Law to do so. 7. EXECUTIVE OFFICER’S UPDATE 7.1 Report regarding Special District position consideration. Executive Officer Teola Tremayne announced that on February 16, 2021, Alpine County Clerk’s Office received a formal request to initiate the proceedings for an independent special district representation to the Alpine County LAFCo. Tremayne added that three support resolutions were received from Kirkwood Meadows Public Utility District, Markleeville Public Utility District, and Bear Valley Water District. Tremayne reported that in April of 2021, two public members were appointed to LAFCo creating a full commission. Tremayne stated that State Law allows for LAFCo to expand their membership by adding two special district representatives. Tremayne outlined the next steps in the process to add such representatives. Tremayne stated that the resolution of intention would be added to the next LAFCo meeting agenda for Commission consideration. The Commission agreed, by consensus, to set the next LAFCo meeting for March 1, 2022 at 1:30pm. California Special District Association Field Coordinator Dane Wadlé thanked Executive Officer Teola Tremayne for keeping LAFCo on the front burner for the special districts and added additional information regarding the process to add special district representation. Wadlé stated that he would be available to help assist in the process as needed. 7.2 Report regarding Kirkwood Meadows Public Utility District’s request for initiating the annexation of Caltrans Peddler Hill Maintenance Station. Executive Officer Teola Tremayne announced that in June of 2020 Caltrans representatives reached out to the County Clerk’s office stating that Caltrans had been working with PG & E and Kirkwood Meadows Public Utility District for three years to obtain electrical service connection to the Peddler Hill Maintenance Station in Amador County. The Peddler Hill Maintenance Station was outside the Kirkwood Meadows Public Utility District’s service area and approval from the Alpine County LAFCo of the annexation of the facility was required. Caltrans and Kirkwood Meadows Public Utility District have sent periodic project updates since initiation. Tremayne stated she had been working with Counsel on a list of items needed to proceed in getting the annexation on the LAFCo agenda. In response to Commissioner Hames’ question regarding extending services to other entities both public and private, Tremayne stated that that would be a question for Counsel. Kirkwood Meadows Public Utility District General Manager Erik Christeson stated that the annexation would only apply to the Peddler Hill Maintenance Station at this time. Christenson added that any other entities that wish to do an annexation must go through the process themselves. Tremayne stated that she would bring back more information and an update at the next meeting.LAFCO AGENDA PACKET PAGE 5

8.ADJOURNMENT Local Agency Formation Commission adjourned to the next regular meeting at the County Administrative Office Building. ____________________________________ Teola L. Tremayne, Executive Officer, Local Agency Formation Commission By: Patricia Griffin, Assistant County Clerk *A complete audio/video recording of this meeting is available on the County website* www.alpinecountyca.govLAFCO AGENDA PACKET PAGE 6

RESOLUTION NO. OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF ALPINE, STATE OF CALIFORNIA APPROVING THE FORMATION OF THE INDEPENDENT SPECIAL DISTRICT SELECTION COMMITTEE AND ADOPTING DETERMINATIONS WHEREAS, pursuant to Government Code Section 56332.5, when a LAFCo does not have Independent Special District representation, the LAFCo must initiate proceedings for such representation upon receipt of a written request by one or more independent special districts representing 10% or more of the assessed value of table property in the County, as sown on the last equalized County assessment roll; and WHEREAS, the Commission has received resolutions from three of the four independent special district in Alpine County, representing 10% or more of the assessed value of taxable property in the County, requesting special district representation on LAFCo as follows: 1. Kirkwood Meadows Public Utility District 2. Bear Valley Water District 3. Markleeville Public Utility District WHEREAS, pursuant to Government Code Section 56381 (b)(1)(A), when there is county, city and special district representation, the default LAFCo budget apportionment is one-third shares for the county, the cities, and the special districts; and WHEREAS, pursuant to Government Code Section 5638(b)(4), any alternative method of apportionment of the net operating expenses of the Commission may be used if approved by a majority vote of each of the following: the Board of Supervisors; public members and the independent special districts representing a majority of the combined total population of independent special districts in the County; and WHEREAS, the special districts seeking LAFCo representation have requested an alternate LAFCo budget allocation formula the at the special district cost share arrangement for the LAFCo annual budget be established at fifty percent (50%) of the net actual costs. NOW THEREFORE BE IT RESOLVED that the County of Alpine Local Agency Formation Commission does hereby determine and order as follows: SECTION 1: An Independent Special District Selection Committee shall be formed, consisting of the presiding officer of the legislative body of each eligible independent special district. An alternate may be appointed by the legislative body of an independent special district if the presiding officer of the independent special district is unable to attend. SECTION 2: The independent special districts eligible for membership on the Independent Special District Selection Committee are as follows: 1. Kirkwood Meadows Public Utility District 2. Bear Valley Water District 3. Markleeville Public Utility District 4. County Service Area No. 1 5. County Service Area No. 2 ITEM NO. 6.1LAFCO AGENDA PACKET PAGE 7

SECTION 3: The Executive Officer is ordered to call and give notice of a meeting of the Independent Special District Selection Committee to be held within 15 days after the adoption of the Resolution. Each eligible district is entitled to one vote on the Independent Special District Selection Committee. Members representing a majority of the eligible districts constitute a quorum. The Executive Officer shall use the operating procedures set forth in Government Code section 56332. SECTION 4: The Independent Special District Selection Committee shall determine the following by a majority vote: a. Do the independent special districts accept representation on LAFCo? a. If so, appoint two regular members and one alternate member b. Are the special district members to be disqualified from voting on the proposals affecting their own special district? b. Do the independent special districts accept the default LAFCo budget apportionment of one- third share? a. If not, has an alternate funding allocation been approved by a majority vote of each of the following: the Board of Supervisors; public members and the independent special districts representing a majority of the combined total population of independent special districts in the County? The foregoing resolution was duly passed and adopted by the Local Agency Formation Commission of the County of Alpine, State of California, at regular meeting held on the 1 st day of March, 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________ Terry Woodrow, Chair Local Agency Formation Commission ATTEST _________________________________ Teola L. Tremayne, Executive Director By: Patricia Griffin, Assistant County ClerkLAFCO AGENDA PACKET PAGE 8

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P.O. Box 158-99 Water Street, Markleeville, CA 96120 (530) 694-2281 / Fax (530) 694-2491 Internet Address: http://www.alpinecountyca.gov / email: clerk@alpinecountyca.gov Teola L. Tremayne, County Clerk Local Agency Formation Commission (LAFCo) Executive Officer COUNTY OF ALPINE Office of the County Clerk M E M O R A N D U M TO: Local Agency Formation Commission FROM: Teola L. Tremayne, Executive Officer DATE: February 24, 2022 SUBJECT: LAFCo Agenda Item No. 7.1 – Report regarding Kirkwood Meadows Public Utility District’s request for initiating the annexation of Caltrans Peddler Hill Maintenance Station The purpose of this memorandum is to provide an update regarding the progress of the Kirkwood Meadow Public Utility District’s request for initiating the annexation of Caltrans Peddler Hill Maintenance Station. On 2/15/2022, the Clerk’s Office emailed County Counsel a draft letter outlining the required documentation, forms and fees; we have not yet received a response. ITEM NO. 7.1LAFCO AGENDA PACKET PAGE 17