Loading...
HomeMy WebLinkAbout12 LAFCO Agenda Item # 12 r--,so= Memorandum To: Board of directors From: Peter Holzmeister Date: October 12, 2001 LAFCo rules and regulations relating to special districts functions Please review the attached material from Katherine Hudson, Clerk to the Nevada LAFCo. She is describing the election of Ron Nulph of Penn Valley Fire District to serve the remainder of the term vacated by Hank Weston and the election of Sandra Harmon of Donner Summit PUD to serve as special district alternate, the position vacated by Ron Nulph. Then Katherine describes a suggestion to repeal the Nevada LAFCo rules and regulations affecting functions and services of special districts and independent special district representation, since state law now defines these matters thus preempting LAFCo's policies. Attached is a proposed resolution for your consideration. It appears advisable to me to request repeal of the Nevada LAFCo policy. I will check with members of LAFCo before Wednesday to make sure there is nothing hidden in this issue. ........... 1 201 Nevada County LAFCo Local 950 Maidu Avenue Agency Nevada City, CA 95959-8617 Phone 530 265 7180 Formation Toll Free 888 846 7180 Commission Fax 530 265 7183 E-mail lafco@co.nevada.ca.us Tom Balch September 24, 2001 Cities Elizabeth Martin County Dan McCormack,Vice Chair TO: Independent Special Districts Cities Judith Petem FROM: Katherine E. Hudson Public Clerk to the Commission Ran sweet,Chair Special Districts RE: Results of Special District Selection Committee Meeting Peter van zant September 17, 2001 County _vacant_ The meeting was called to order at 1:00 p.m. and the roll was called. Fourteen Special Districts districts were represented, establishing a quorum. Kurt Grundel, a member of the Penn Valley Fire Protection District Board, was selected by acclamation to chair the meeting. Barbara Careen County Alternate The first order of business was the appointment of a special district member of Patti Ingram LAFCo to fill the remainder of Hank Weston's term (expiring the first Monday in Cuies Alternate May, 2004). The nominees were Sandra Harmon of Donner Summit Public Utility Paul Norsell District,Ron Nulph of Nevada County Consolidated Fire District, and Nancy Public Alternate Weber of Nevada Irrigation District. Mr. Nulph was selected with nine votes; Ms. Ron Nulph Harmon received four and Ms. Weber two. Special Districts Alternate The Committee then considered selection of someone to complete the term of the SR Jones alternate special district member position vacated by Mr. Nulph. Mr. Grundei was Executive Officer nominated in addition to Ms. Harmon and Ms. Weber. Ms. Harmon was selected P.Senn Browne with nine votes; Mr. Grundel received four and Ms. Weber two. Legal Counsel Katherine E.Hudson The subcommittee appointed at the last meeting to investigate formation of a Clerk to the Commission special district association reported on their work. Dick Walters of Nevada County Consolidated Fire District moved that the subcommittee send a letter to all district boards describing the procedure for establishing a Nevada County chapter of the California Special District Association and requesting the districts to provide their opinions regarding such action. The motion was seconded by George Mueller of Penn Valley Fire protection District and unanimously approved on a voice vote. The Selection Committee also agreed to hold its next meeting January 28, 2002, again upon a unanimous voice vote. No place nor time was selected. SR Jones, LAFCo Executive Officer, reported to the group that four districts had submitted resolu- tions calling for recission of the "Rules and Regulations of the Local Formation Commission of Nevada County Affecting Functions and Services of Special Districts and Independent Special District Representation on the Commission." As previously noted, these Rules and Regulations were jointly adopted by LAFCo and the Special Districts of Nevada County in 1979 in connection with provision for districts to be represented on LAFCo. With the passage of the Cortese-Knox-Hertzberg Local Government Reorganization Action of 2000, however, the Rules and Regulations have been superseded. District representation on LAFCo and oversight of district service provision are now governed by the cited law. It therefore seems appro- priate to rescind the referenced rules and regulations,but LAFCo can only do that upon receiving resolutions requesting such recission from a majority of the Nevada County independent special districts;five resolutions having been received to date, eight more are needed. A sample resolution form is attached for districts to use as a model. SAMPLE RESOLUTION RESOLUTION No. A Resolution of the Board of Directors of the District, County of Nevada, State of California WHEREAS, in 1979 the Rules and Regulations of the Local Agency Formation Commission of Nevada County Affecting Functions and Services of Special Districts and Independent Special District Representation on the Commission were concurrently approved by a majority of the in- dependent special districts of Nevada County and the Local Agency Formation Commission; and WHEREAS, as a condition of the approval of the aforementioned Rules and Regulations, the mem- bership of the Local Agency Formation Commission of Nevada County was expanded to include two regular and one alternate independent special district members; and WHEREAS, Government Code Section 56820, recently adopted, permits the repeal of such Rules and Regulations upon request of a majority of the independent special districts within the county; and WHEREAS, said code also provides for the continuation of district membership on the Commission; and WHEREAS,the District, upon review of the Rules and Regulations of the Local Agency Formation Commission of Nevada County Affecting Functions and Services of Special Districts and Independent Special District Representation on the Commission, finds they are no longer required; NOW, THEREFORE, BE IT RESOLVED that the District hereby requests that the Rules and Regulations referred to above be repealed. PASSED AND ADOPTED by the Board of Directors of the District on the_day of 2001, by the following vote: Ayes: Noes: Absti8ons: Absent: