Jun 16, 2022 LAFCO Meeting

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WE WILL CALL THE JUNE 16TH LAFCO MEETING TO ORDER WILL BEGIN WITH A PLEDGE OF ALLEGIANCE.

[I. CALL TO ORDER]

HE'S GRACIOUS ENOUGH TO LEAD US IN THE PLEDGE OF ALLEGIANCE.

ALLEGIANCE]. THANK YOU, EVERYONE.

THANK YOU, MAYOR PRO TEM.

ROLL CALL? OK.

WE DO HAVE A QUORUM FOR TODAY'S BUSINESS, AND I WELCOME COMMISSIONER HOGAN TO HER FIRST MEETING AS A FULL FLEDGED COMMISSIONER.

WELCOME, APRIL. CONSENT CALENDAR.

[IV. CONSENT CALENDAR ]

SECOND. DO WE WITH THE VOTES JUST ANY OPPOSITION OR ARE WE DOING A HOW WE WHAT'S THE BEST WAY TO DO THE OR TO PRESS FOR FOUR CONSENT ITEMS THAT WE DON'T NEED A VOICE VOTE? ALL RIGHT. IS THERE ANY OPPOSITION TO THE MOTION? ALL RIGHT. MOTION PASSES UNANIMOUSLY.

ITEM FIVE CITIZEN COMMUNICATION.

ANYBODY FROM THE PUBLIC WISH TO ADDRESS THE LOCAL AGENCY FORMATION COMMISSION AT THIS TIME? SEEING NONE.

ON TO ITEM SIX GENERAL BUSINESS.

[VI.A. Election of Commission Chairperson and Vice Chairperson]

YEAH, WE DO HAVE A WE DON'T HAVE ANY TERM LIMITS FOR THE COMMISSIONERS.

WE DO HAVE A TRADITION WHERE THE VICE CHAIR TYPICALLY GETS NOMINATED TO BECOME CHAIR AND THEN PICK AMONG THE OTHER COMMISSIONERS FOR WHO WANTS TO BECOME VICE CHAIR.

SO THAT'S THE ONLY KIND OF TRADITION THAT WE HAVE.

AND YOU ARE YOU'RE THE VICE CHAIR RIGHT NOW.

SO THAT WOULD BE A NORMAL SEQUENCE, BUT OTHERWISE IT'S OPEN TO THE COMMISSION'S DISCRETION.

OKAY, MR. CHAIR? YES, SIR. I MOVE THAT COMMISSIONER SERRANO BE ELECTED CHAIRPERSON.

I SECOND THAT.

ANY OPPOSITION TO THE MOTION HEARING? NONE. THANK YOU.

THANK YOU. I'LL ACCEPT THIS RESPONSIBILITY WITH GREAT HONOR.

AND I APPRECIATE YOUR CONFIDENCE IN ME FOR SERVING VICE CHAIR FOR SOME TIME.

I'M READY TO DO THIS.

I HOPE WE'LL SEE.

ALL RIGHT. IN REGARDS TO VICE CHAIR.

ANY ANY SUGGESTIONS AS TO WHO WOULD LIKE TO BE THE VICE CHAIR? YOU WANT TO. ALL RIGHT, MR. BERTAO? I'D LIKE TO NOMINATE SOMEONE IN ABSENTIA, BUT I MIGHT NOMINATE COMMISSIONER SILVEIRA FOR VICE CHAIR.

ALL RIGHT, THAT SOUNDS LIKE A GOOD CHOICE TO ME.

ANYBODY OPPOSED? ALL RIGHT, SCOTT, ARE YOU WILLING TO ACCEPT? TO BE YOUR SIDEKICK? ALL RIGHT, WELL, CONGRATULATIONS.

ALL RIGHT. MOVING ON TO ITEM B DROP THE RESOLUTION OF APPRECIATION FOR FORMER COMMISSIONER AND CHAIR PAT NAGY.

BILL. YEAH, I WOULD PROPOSE DEFERRING THIS TO LATER IN THE AGENDA.

MR. NAGY SAID HE WAS GOING TO COME AND HE MAY HAVE GOT CAUGHT IN TRAFFIC OR AN ACCIDENT.

I UNDERSTAND OUTSIDE THE BUILDING.

SO WE'LL GIVE HIM SOME MORE TIME.

I TALKED TO HIM YESTERDAY. HE DID SAY HE WAS GOING TO COME SKIP THAT ITEM, SEE THE ABANDONMENT OF NEW EXECUTIVE OFFICER RECRUITMENT EFFORTS.

[VI.C. Abandonment of new Executive Officer Recruitment Efforts, and Consideration and Approval of the Third Amendment to Agreement for Providing Executive Officer Services between Merced County LAFCO and William Nicholson to increase the base hourly rate of pay and increase the annual cap on the potential consumer price increase of adjustment. ]

HOWEVER, AS WE DID ALL THIS RECRUITMENT EFFORT AND LOOKING AT SALARIES, I DID NOTICE THAT I WAS KIND OF IN THE BOTTOM OF THE BARREL.

AND SO I PROPOSE THERE WAS A SUBCOMMITTEE WITH COMMISSIONERS BERTAO AND SILVEIRA FOR THE RECRUITMENT EFFORT.

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AND THE OTHER THE OTHER COMPONENT OF MY CONTRACT IS THE COST OF LIVING INDEX, DEPENDING IF THERE IS A COST INFLATION FACTOR.

BUT IT HAD A CAP OF 3%.

SO IN THE PROPOSED NEW CONTRACT, I'M REQUESTING AN HOURLY RATE OF $180 AN HOUR UP FROM THE THE ADJUSTED RATE THROUGH THE INFLATION OVER THE YEARS HAS GONE TO $121.

SO THIS WOULD BE LARGER, MUCH LARGER THAN THAT.

AND THEN THE CAP ON THE INFLATION CPI INDEX IS WHATEVER THE ACTUAL RATE IS, BUT NOT TO EXCEED 3% OF WHAT IT CURRENTLY IS.

AND I'M PROPOSING IT TO GO UP TO 5% AND NOT SO IT WOULDN'T EXCEED 5% IN A YEAR.

AND IF IT GOES NEGATIVE, THE AGREEMENT, IF IS DEFLATION IN A YEAR, THEN THE AGREEMENT IS THAT IT WOULDN'T GO BELOW.

I WOULDN'T GET ANYTHING NEGATIVE.

I WOULD STAY AT WHEREVER I WAS THE PRIOR YEAR.

SO SO THAT'S BASICALLY WHAT'S IN THE PROPOSED CONTRACT MODIFICATION.

COMMISSIONER SILVEIRA OUR VICE CHAIR.

SILVEIRA. COMMISSIONER, ANY COMMENTS? I GOT SOME COMMENTS. THANK YOU, MR. CHAIR. YEAH.

SO, YOU KNOW, IN LOOKING THROUGH AND WE STARTED DOWN THIS ROAD OF RECRUITMENT AND I CAN HONESTLY SAY THAT IT WASN'T INTENTIONAL, BUT IT DID TAKE US A LITTLE WHILE TO KIND OF LIKE JUST THERE'S A LOT OF STUFF GOING ON AND TO TRY TO GET THIS RECRUITMENT AND EVERYTHING WORKS OUT FOR A REASON.

AND SO I'M THANKFUL BECAUSE IT WASN'T FOR LACK OF TRYING ON MYSELF OR COMMISSIONER POTATOES PART IN TRYING TO TALK BILL INTO STAYING AND THINGS JUST KIND OF WORKED OUT BUT JUST AS BILL HAD STATED, YOU KNOW WHEN YOU START TO LOOK AT GOING OUT AND TRYING TO HIRE A FULL TIME POSITION, WE'VE BEEN LUCKY THAT OVER THE YEARS WE'VE JUST KIND OF HIRED BILL ON IT.

WE BROUGHT HIM BACK AND JUST HIRED HIM ON A CONTRACT BASIS.

BUT WHEN YOU GO OUT AND START TO LOOK AT WHAT IT WOULD COST TO BRING IN A FULL TIME EXECUTIVE DIRECTOR FOR LAFCO, THE RATE INCREASE AT WHICH WE'RE POTENTIALLY VOTING ON HERE IN A MINUTE IS STILL A LOT CHEAPER THAN IF WE WOULD HAVE HIRED OUR OWN PERSON AND WE STILL KIND OF GET THE BEST OF BOTH WORLDS.

WE ARE ABLE TO PAY THE PAY BILL, THE SALARY THAT HE DESERVES.

AND IT'S, BUT IT'S STILL CHEAPER THAN HAVING A FULL TIME PERSON HERE.

THERE'S TIMES WHEN WE'RE REALLY BUSY THAT HE'S USING A LOT OF HOURS, BUT THEN HE'S VERY, VERY GOOD ABOUT NOT IF IF HE DOESN'T NEED TO CHARGE US HOURS, HE DOESN'T CHARGE US HOURS.

SO I, HE HAS REACHED OUT TO BOTH MYSELF AND COMMISSIONER BERTAO IN DISCUSSING ALL THESE THINGS.

AND I AND I'M ASKING FOR MY COLLEAGUES TO SUPPORT THIS CONTRACT AMENDMENT.

MR. BERTAO? YES, COMMISSIONER SILVEIRA SAID EXACTLY THE SAME THING I WAS GOING TO SAY.

THE ONLY THING I HAVE TO ADD.

IS THAT BILL BEEN WITH US SO LONG THAT IT'S, WOULD HAVE BEEN HARD TO MAKE A CHANGE BECAUSE HIS WAY OF DOING BUSINESS COMPARED TO WOW SOMEONE NEW COULD HAVE BEEN COMPLETELY DIFFERENT IT COULD HAVE CAUSED THE DISRUPTION IN THE WAY THE COMMISSION OPERATES AND HOW OUR PHILOSOPHY TOWARDS THINGS GO AND STUFF.

SO I PERSONALLY APPRECIATE THAT BILL IS STAYING WITH US AND I THINK THE REST OF THE COMMISSION IS GOING TO THINK THE SAME WAY, TOO.

AND AS SCOTTY SAYS, IF WE HAVE TO PAY THE WHOLE RATE OF A NEW PERSON WITH BENEFITS AND SO ON AND SO FORTH, THAT WOULD STILL COST US A LOT MORE.

SO THAT'S THAT WAS GOOD.

I THINK THAT EVERYTHING WORKED OUT FOR THE BEST.

SCOTT AND THEN JUST ONE MORE COMMENT IS, YOU KNOW, AND I KNOW THAT LIKE WE'RE MAKING THIS DECISION AND WHEN THE WAY THAT THE LAFCO BUDGET IS IS DISPERSED OUT, YOU HAVE 50% THAT'S PAID BY THE COUNTY AND THEN 50% IS SPLIT AMONG THE CITIES.

AND SO THERE IS GOING TO BE AN ADDITIONAL COST WHEN WHEN EVERYBODY SEES THOSE BUDGETS.

BUT I JUST APRIL, THIS IS FOR YOU.

AND AND I JUST SEE THAT OUR COMMISSIONER NAGY SHOWED UP HERE AND AND MAYOR PRO TEM KAEL'S HERE.

THIS AFFECTS ALL OF YOU GUYS.

AND I WANT YOU GUYS ALL TO REST ASSURED THAT IT'S A MODEST INCREASE NOW.

BUT IT HAD WE WENT DOWN THE ROAD OF HIRING A NEW PERSON, THAT INCREASE WOULD HAVE BEEN A LOT MORE.

AND I THINK WE HAVE A GOOD THING GOING HERE.

AND SO IT'S WELL WORTH IT.

OKAY. ANY OTHER COMMENTS OR A MOTION? CHEERS. THIS IS SILVEIRA MOTION TO APPROVE THE AMENDMENT OF A NEW EXECUTIVE OFFICER.

RECRUITMENT WAS ABANDONMENT.

I WANT TO APPROVE THE NEW HOURLY CONTRACT RATE WITH MR. NICHOLSON. I THINK THAT COVERS IT.

RIGHT. IS THERE A SECOND? SECOND.

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ANY OPPOSITION TO THE? MOTION PASSES UNANIMOUSLY.

IT'S GOOD NEWS. WELCOME.

YEAH, THANK YOU. THANK YOU, BILL.

GOOD TO STAY WITH YOU GUYS. OH, GREAT.

REALLY WONDERFUL NEWS.

TRULY. ALL RIGHT.

ITEM 6D THE APPROVAL OF THE MEMORANDUM OF UNDERSTANDING THE MOU WITH MERCED COUNTY FOR STAFF SUPPORT IN THE UPCOMING FISCAL YEAR.

[VI.D. Approval of Memorandum of Understanding with Merced County for Staff Support for the 2022-23 Fiscal Year. ]

AND WE HAVE ANNA MUNOZ LAGUNA AS OUR CLERK.

WE'VE HAD DIFFERENT CLERKS OVER TIME AND HAVE GRACIOUSLY STEPPED IN DURING THE VOID OF OTHER STAFF THAT WE'VE HAD COME AND GO.

BUT WE ALWAYS HAVE THE CLERK SUPPORT, WHICH IS WHICH IS CRITICAL.

AND THEN ON A LIMITED BASIS, WE ALSO USE OUR PLANNING TECHNICIANS SOMETIMES FOR MAPPING OR OTHER DATA RESEARCH SUPPORT.

SO IT'S LIKE A $19,000 MAXIMUM AMOUNT AND AGAIN, IT'S ONLY BUILD ON THE ACTUAL TIME SPENT.

SO THIS IS AGREEMENT THAT LAFCO, THE MERCED LAFCO WOULD FIRST ADOPT RELATED TO THE BUDGET, AND THEN IT WOULD GO TO THE COUNTY BOARD OF SUPERVISORS FOR THEIR APPROVAL TO ALLOCATE THE STAFF RESOURCES FOR IT.

AND ON TOP OF THAT, I JUST MENTIONING THE OVERALL COUNTY SUPPORT OF USE OF COUNTY COMPUTERS THERE, THEIR GIS, GEOGRAPHIC MAPPING, DEATH SPACE TELEPHONES AND COMPUTERS AND ALL THAT.

AND THAT BASICALLY COMES OUT THROUGH AN OVERHEAD CHARGE THAT WE GET AS LAFCO AS OTHER COUNTY DEPARTMENTS GET IT.

THEY CALL IT A COST ALLOCATION PLAN.

AND EACH EACH FUNCTION PAYS A LITTLE BIT INTO THE OVERHEAD OF THE COUNTY.

SO THAT'S THAT'S ANOTHER AMOUNT THAT WE BUDGET FOR.

SO SO THIS AGREEMENT IS REALLY JUST SPECIFICALLY FOR THE STAFF SUPPORT.

ALL RIGHT. THANK YOU. ANY COMMENTS OR IS THERE A MOTION? I MOVE THAT WE APPROVE THE VIEW WITH THE COUNTY OF MERCED FOR OPERATION OF LAFCO.

IS THERE A SECOND? SECOND.

MOTION AND A SECOND. ANY OPPOSITION TO THE MOTION FROM COMMISSIONER BERTAO AND SECOND FROM VICE CHAIR SILVEIRA? HEARING NONE, MOTION PASSES UNANIMOUSLY.

[VI.B. Adopt resolution of appreciation for former Commissioner Nagy ]

THIS IS THE ADOPT A RESOLUTION OF APPRECIATION FOR FORMER COMMISSIONER PAT NAGY.

MR. LEAHY WAS WAS LATE TODAY.

NOW HE'S NOT ON THIS.

NOW. HE DOESN'T HAVE TO SHARE THIS. HE CAN SHOW UP LIKE I USED TO WHENEVER HE KIND OF WANTS TO.

BUT I THINK WE HAD A RESOLUTION OF SUPPORT FOR YOU, WHICH WAS SIGNED, AND WE WANT TO ADOPT THIS RESOLUTION.

AND IF ANYBODY WANTS TO TAKE THE OPPORTUNITY TO TO THANK PAT, SAY SOMETHING NICE TO HIM.

I GUESS WE ALL DID THAT LAST TIME, TOO, BUT WE DEFINITELY DO IT AGAIN.

WE HAVE HERE A RESOLUTION OF LAFCO RESOLUTION COMMENDING PAT NAGY.

SHOULD I READ IT OR MAYBE JUST GIVE IT TO HIM? YEAH, BECAUSE GIVE IT TO HIM. YEAH.

SIX YEARS WITH THE COMMISSION FOR AS A REGULAR MEMBER TO THE ALTERNATE AND HE RETIRED FROM THE COMMISSION AS COMMISSION CHAIR SO DEFINITELY APPRECIATE IT OF THE SERVICE. SO YEAH, WE HAVE THIS RESOLUTION SIGNED BY EVERYBODY.

HERE'S YOUR RESOLUTION, PAT.

YEAH. COME UP AND WE'LL GIVE IT TO YOU.

YEAH, YEAH.

AND MAYBE WE COULD TAKE A PICTURE, TOO, WITH MR. NAGY AND WE COULD SEND SOME OF PHOTOS OF MARY.

SO CONGRATULATIONS.

WE MISS YOU. I MISS YOU ALREADY.

I KNOW.

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THANKS, PAT.

YOU'RE ONE OF THE TRULY ONE OF THE REALLY GOOD GUYS IN LOCAL POLITICS.

REALLY? I MEAN, WHAT A GOOD MAN.

I MEAN. ALL RIGHT.

ALL RIGHT. ON TO PUBLIC HEARINGS.

ITEM SEVEN A IS THE 2022-2023 LAFCO BUDGET.

[VII.A. Adoption of the Final LAFCO Budget for the 2022-23 Fiscal Year. ]

AND AS COMMISSIONER SILVEIRA MENTIONED EARLIER THAT THE REVENUE OR THE FUNDING FOR LAFCO COMES FROM A SMALL PORTION OF INCOME ON APPLICATIONS THAT WE PROCESS MAYBE 20 TO 25000 A YEAR IN REVENUE.

OTHERWISE, THE BALANCE OF THE BUDGET IS PAID FOR 50% BY THE COUNTY AND 50% BY THE SIX CITIES.

AND THE CITIES PAY THEIR SHARES BASED ON THEIR PERCENTAGE OF THE TOTAL REVENUE THAT ALL THE CITIES GET.

SO MERCED ENDS UP PAYING THE BIGGEST CHUNK AND THOSE BALANCES NEXT.

AND THEN THOSE PABLO'S AND JUSTINE KIND OF FIGHT IT OUT FOR THE LEAST AMOUNT DEPENDING ON HOW MUCH REVENUE THEY GET IN A GIVEN YEAR.

BUT IT'S ALL SET UP BY A FORMULA BY THE STATE.

SO ALSO THE PROPOSED THE PROPOSED BUDGET WAS 323,000.

AND AGAIN, IF WE HAD OR THE COMMISSION THAT WE THAT WOULD BE HERE, THE COMMISSION TRANSITIONED TO A FULL TIME EXECUTIVE OFFICER WITH BENEFITS THAT WOULD HAVE BEEN APPROXIMATELY A $200,000 PROPOSITION TO TO RECRUIT A GOOD EXECUTIVE OFFICER BASED ON THE SALARIES AROUND THE VALLEY HERE.

SO NOW THE TOTAL BUDGETS, 194,000.

SO THERE'S A HUGE REDUCTION IN IN THE FINAL BUDGET BASED ON THE THE AGREEMENT, THE CONTRACT YOU AGREED TO EARLIER TODAY.

SO WITH THAT, THE THE ONE OF THE MAIN COSTS THEN IS MY TIME AS EXECUTIVE OFFICER.

AND SO WE BUDGET 400 HOURS A YEAR AND THAT'S GOING TO CONTINUE.

AND AGAIN, MOST YEARS I DON'T SPEND 400 AND IF I NEED MORE BECAUSE WE'RE BUSY DOING SOMETHING THAT I COME TO THE COMMISSION AND ASK FOR MORE HOURS IN ADVANCE, OUR SUPPORT FOR OUR CLERK AND OUR PLANNER IS 150 HOURS ESTIMATED.

AGAIN, TYPICALLY WE DON'T USE ALL THAT.

THE THE BUDGET HAS THE SAME FUNDING FOR TRANSPORTATION AND TRAVEL, WHICH THE COVID PERIOD PUT PUT A KIBOSH ON THE ANNUAL CONFERENCE.

BUT IT'S A VERY GOOD CALIFORNIA ASSOCIATION OF LOCAL AGENCY FORMATION COMMISSIONS OR CAL LAFCO.

THEY PUT ON REALLY GOOD EDUCATIONAL CONFERENCES FOR COMMISSIONERS IN THE FALL, AND IT'S COMING UP IN OCTOBER IN NEWPORT BEACH.

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AND I KNOW COMMISSIONER SILVEIRA AND BERTAO HAVE BEEN TO MANY OVER THE YEARS.

AND SO WE'RE BUDGETING THE SAME AMOUNT FOR TRAVEL AND HOTEL AND ALL THAT FOR THE CONFERENCES.

AND THEN THE LAST MAIN CATEGORY FOR COST IS MUNICIPAL SERVICE REVIEW SUPPORT.

AND WE'VE BEEN ON A CYCLE NOW SINCE THE LAW CAME INTO EFFECT BACK IN 2000 FOR DOING MUNICIPAL SERVICE REVIEWS.

AND WE PRETTY MUCH ALWAYS HAVE ONE TYPE OF DISTRICT OR CITY SPHERE OF INFLUENCE GOING ON AT ALL TIMES.

SO TODAY ON THE AGENDA WE HAVE THE AGRICULTURAL IRRIGATION DISTRICTS, MSR, WHICH WAS ABOUT A TWO YEAR EFFORT.

AND SO IN THE PROPOSED BUDGET, ORIGINALLY WE HAD ONLY $20,000 ALLOCATED BECAUSE A FULL TIME EXECUTIVE OFFICER WOULD BE SPENDING TIME DOING MUNICIPAL SERVICE REVIEWS.

THAT'S WHAT THAT'S WHAT BASICALLY FULL TIME LAFCO IS DUE IN OUR LAFCO WE USE CONSULTANTS AND STAFF SUPPORT, BUT OUR MAIN TIME IS SPENDING ON APPLICATION PROCESSING. SO I'M PROPOSING INCREASING THAT TO 35,000.

AND THEN THE COMMISSION WILL DECIDE AS WE AS WE GET INTO THE THE YEAR AHEAD, WHAT OUR MSR WILL FOCUS ON.

ALL OF THE MSRS HAVE BEEN UPDATED WITHIN THE TIMELINE, WHICH IS TYPICALLY EVERY FIVE YEARS EXCEPT FOR THE CEMETERY DISTRICTS, THE RESOURCE CONSERVATION DISTRICTS. AND THEN WE HAVE AN MSR CALLED OTHER DISTRICTS AND THAT INCLUDES HOSPITAL DISTRICTS, DRAINAGE DISTRICTS, LEVEE DISTRICTS, MOSQUITO ABATEMENT.

AND THERE'S A KIND OF A HODGEPODGE OF VERY UNIQUE TYPES OF DISTRICTS THAT WE DON'T WE DON'T GROUP TOGETHER LIKE THE RESOURCE CONSERVATION DISTRICTS OR AG IRRIGATION DISTRICTS. SO SO WE'LL PICKING ONE OF THOSE AND I HAVE BEEN TALKING TO THE EAST MERCED RESOURCE CONSERVATION DISTRICT LATELY, AND THEY'RE TALKING ABOUT MAYBE CONSOLIDATING WITH DISTRICTS ON THE WEST SIDE THAT AREN'T VERY ACTIVE.

AND SO THAT COULD BE A REASON TO DO AN MSR.

AND THEN THEY WOULD SUBMIT AN APPLICATION TO CONSOLIDATE AND CHANGE THE SPHERE OF INFLUENCE.

AND I THINK I DON'T KNOW IF EVERYBODY IS ON BOARD, BUT THEY'RE HAVING DISCUSSIONS AND PROBABLY THE GRASSLAND.

RESOURCE CONSERVATION CONSERVATION DISTRICT, WHICH HAS THE SAME BOARD AS THEIR WATER DISTRICT AND HAS A DIFFERENT FUNCTION.

THEY'RE NOT AG RELATED.

THEY'RE HABITAT RELATED.

THEY MIGHT WANT TO KEEP SEPARATE, BUT THERE COULD BE A PUSH TO GET ALL THE OTHER RCS GOING IN A UNIFIED APPROACH.

AND THAT WAY THEY DO A LOT OF THESE, DOES A LOT OF WORK GETTING GRANTS AND THE WEST SIDE, YOU DON'T HAVE STAFF, THEY'RE ALL KIND OF PART TIME, SO THEY DON'T REALLY GET MUCH DONE IN THIS. IF THEY JOIN TOGETHER, THEY COULD GET A LOT MORE DONE BENEFITING BOTH SIDES SO THAT IT'S A LIKELY CANDIDATE FOR DOING AN MSR UPDATE.

SO AGAIN, FROM THE PROPOSED BUDGET TO THE FINAL BUDGET, THE INCREASE WAS 15,000 TO A TOTAL OF 35 AND OTHERWISE THE REST OF THE BUDGET PRETTY MUCH MATCHES THE PROPOSED BUDGET.

AND AGAIN, THE TOTAL IS 194,000 AND YEAH, $214 AND IT IS A PUBLIC HEARING. SO AFTER ANY COMMISSIONER COMMENTS OR QUESTIONS, WE CAN OPEN IT UP.

ANY QUESTIONS FOR BILL BEFORE WE OPEN THE PUBLIC HEARING? AFTER HEARING NONE, WE'LL OPEN THE PUBLIC HEARING AT 10:29.

ARE THERE ANY MEMBERS OF THE PUBLIC WHO WOULD LIKE TO SPEAK ON THIS ITEM, WHICH IS THE ADOPTION OF THE FINAL LAFCO BUDGET FOR THE UPCOMING FISCAL YEAR? ALL RIGHT. HEARING NONE, THE PUBLIC HEARING IS NOW CLOSED ALSO AT 10:29.

AND WE'LL BRING IT BACK TO THE COMMISSION FOR ANY COMMENTS.

MR. CHAIRMAN? YES, SIR.

FOR COMMISSIONER HOGAN, IF THE BUDGET IS NOT ALL USED TO CARRY IT OVER TO THE NEXT YEAR, TOO, SO EVEN THOUGH IT'S 194,000, IT MIGHT ONLY END UP BEING 163, 170 ACTUALLY USED.

AND THAT MAKES THE NEXT YEAR BUDGET NOT AS YOU KNOW, IT'S GOING TO BE A BIG NUMBER, BUT IT'S NOT THE MONEY THAT GETS PUSHED OVER.

WE NEVER WE HAVEN'T USED USE IT ALL THAT THAT'S THE LESS RATE THE CITIES HAVE TO PAY FOR THEIR SHARE AND THE COUNTY TOO.

BUT SOMETIMES THERE COULD BE A TIME WHEN WE USE IT ALL TO NEVER KNOW.

AND ON YOUR END, BILL, ARE YOU GOING TO DO MORE OF THE MSR WORK AND LESS OF THOSE CONSULTANTS THEN OR WHAT IS THAT YOUR PLAN.

IT YEAH, IT REALLY WE DID WE SPENT A SIGNIFICANT AMOUNT OF TIME, TIFFANY AND I OVER THE LAST REALLY YEAR AND A HALF OF TIME WITH ECONOMIC AND PLANNING SYSTEMS WAS OUR

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AND THEY SAID THAT'S HARDLY ANY MONEY FOR THE CONSULTANTS FOR FOR THEIR TIME AND THEIR RACE, THEIR OVERHEAD.

SO THE COMMISSION DID APPROVE A 15,000 INCREASE MID-STREAM ON THAT PROJECT.

BUT BUT AND I STILL SPENT A LOT OF TIME AND THEN UNFORTUNATELY WITH THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT AND THEY'VE DONE A LOT OF CONSOLIDATIONS, BUT THERE'S A LOT OF STAFF SHORTAGE.

AND SO TIFFANY IS ONE OF THE, YOU KNOW, BASICALLY THE LEAD PLANNER AND SHE PULLED IN 15 DIFFERENT DIRECTIONS.

SO SO I HAVE CAPACITY.

TIFFANY'S CAPACITY HAS GONE DOWN.

A LOT OF WHAT WE WERE DOING WAS REALLY VERY EFFICIENT THROUGH NEW I DON'T KNOW WHAT THE SYSTEM IS.

IT'S KIND OF SPREADSHEETS OR WHAT'S IT CALLED? GOOGLE DRIVE. YEAH, GOOGLE DRIVE.

YEAH. AND SO I'M NOT SO USING THAT, MY ABILITY TAKES A LONG TIME JUST TO GET GOING.

AND TIFFANY'S REALLY SHARP AND THE CONSULTANTS ARE REALLY SHARP, BUT IT SAVES A LOT OF TIME.

AND WE HAVE BESIDES THE MSR DOCUMENT THAT'S BEFORE YOU TODAY, WE HAVE ALL THIS BACKGROUND DATA FOR EACH DISTRICT IN A GOOGLE GOOGLE DRIVE TABLES THAT ARE THAT SO MUCH INFORMATION YOU WOULDN'T PUT IT IN THE DOCUMENT BUT THEY'RE BACKGROUND NOW THAT LAFCO HAS IN OUR RECORDS SO SO I THINK IT WOULD BE IT WOULD BE A SHARED EFFORT AS IN THE PAST.

AND IF AND THAT'S VERY COMPLICATED THE AG IRRIGATION DISTRICTS AND THE LAST ONE BEFORE WAS URBAN SEWER AND WATER DISTRICTS.

SO THE NEXT ROUND, IF YOUR CEMETERY OR THE RESOURCE CONSERVATION DISTRICT, IT'S A MUCH MORE SIMPLE EFFORT.

SO YEAH, SO WE WOULD DO A REAL CONTRACT WITH EPA AND I BRING IT TO YOU, OF COURSE, BASED ON WHAT THE ACTUAL HOURS THEY THINK IT WOULD BE.

AND MY TIME IS A LOT CHEAPER THAN THEIR TIME.

EVEN SO, YOU KNOW, WE COULD DO ALL THAT YOU WERE CAPABLE OF DOING THAT WOULD SAVE US BUDGET MONEY.

THAT'S TRUE. YEAH. SO WE MAY NOT NEED THAT FULL AMOUNT.

THAT'S CORRECT. YEAH.

VERY GOOD. ALL RIGHT.

ANY ADDITIONAL COMMENTS OR QUESTIONS? MOTION? THIS IS SILVEIRA MOTION TO APPROVE THE 2022-23 LAFCO BUDGET.

SECOND TO VICE-CHAIR SILVEIRA'S MOTION TO BRING.

ANY OPPOSITION TO THE MOTION? HEARING NONE. THE MOTION PASSES UNANIMOUSLY.

TAKES US TO OUR SECOND PUBLIC HEARING, WHICH IS ITEM 7B, THE ADOPTION OF THE AGGREGATE AGRICULTURAL IRRIGATION SERVICE PROVIDERS.

[VII.B. Adoption of the Agricultural Irrigation Service Providers Municipal Service Review (MSR) Update. The MSR presents determinations and conclusions addressing the delivery of services and organizational issues performed by 14 special districts which provide potable water and/or sewer in unincorporated communities primarily located within Merced County. Determinations regarding various district services and issues are presented in compliance with Government Code section 56430, corresponding determinations and references to the district's Spheres of Influence are included in compliance with Government Code section 56425. The actions requested are to make an environmental determination that the Municipal Service Review is exempt from CEQA review under Section 15306, "Information Collection" of the CEQA Guidelines, and adopt the Municipal Service Review, and make related Sphere of Influence Determinations]

SEE YOU, PAT. THANKS FOR COMING.

THEY'RE NOT. THEY'RE A RESOURCE CONSERVATION DISTRICT.

ALL RIGHT. SO THIS IS THE AGRICULTURAL IRRIGATION SERVICE PROVIDERS, MUNICIPAL SERVICE REVIEW UPDATE AND THE FOCUS ARE BASICALLY AG IRRIGATION AND WATER DISTRICTS.

AGRICULTURAL IRRIGATION AND WATER IS THE OFFICIAL NAMES IN THE GOVERNMENT CODE.

AND THE REQUIREMENTS FOR DOING A MUNICIPAL SERVICE REVIEW COME OUT OF THE GOVERNMENT CODE SECTION 56430.

THAT WAS PART OF THE UPDATE, THE BROAD UPDATE TO THE LAFCO LAWS BACK IN 2000.

UNDER THE CORTEZ HERTZBERG ACT AND MSRS IN THE LAW THAT ARE WRITTEN IN IS BEING PERIODICALLY UPDATED AND PREPARED IN CONJUNCTION WITH AN UPDATE TO A SPHERE OF INFLUENCE OF A LOCAL AGENCY.

AND SO A SPHERE OF INFLUENCE IS DEFINED AS A PLAN FOR THE PROBABLE PHYSICAL BOUNDARIES AND SERVICE AREA OF A LOCAL GOVERNMENT AGENCY AS DETERMINED BY THE COMMISSION. SO THAT THE LAST NOTE ON THE SLIDE IS THAT ONLY THE LOCAL AGENCIES THAT HAVE SPHERES OF INFLUENCE ARE SUBJECT TO HAVING A MUNICIPAL SERVICE REVIEW.

SO A COUNTY DOES NOT HAVE A MUNICIPAL SERVICE REVIEW OR A SPHERE COGS LIKE MTG COUNCIL GOVERNMENTS, THEY DON'T HAVE A SPHERE.

ANY STATE AGENCY MAY HAVE.

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PRIVATE UTILITIES LIKE PG&E OR PRIVATE WATER COMPANY WOULD NOT BE SUBJECT TO LAFCO.

SO WE'RE BASICALLY DEALING WITH CITIES AND WHAT ARE CALLED INDEPENDENT SPECIAL DISTRICTS THAT ARE SUBJECT TO LAFCO REVIEW.

AND AND SO WE WE PREPARE MUNICIPAL SERVICE REVIEWS BASED ON THAT GUIDANCE.

AND THE TYPICALLY THE CITY'S SPHERES OF INFLUENCE AND MSRS COME WHEN THE CITIES DO A GENERAL PLAN UPDATE.

AND IF IT TAKES TOO LONG BETWEEN GENERAL PLAN UPDATES AND LAFCO WILL GO OUT AND DO ONE TO MAKE THEM MORE CURRENT AND SPECIAL DISTRICTS.

AGAIN, WE KIND OF GROUPED THEM TOGETHER BY TYPES, BY THE TYPE OF DISTRICT.

SO AND JUST IN GENERAL THEN MSRS ARE INTENDED TO PROMOTE EFFICIENT AND HIGHER QUALITY SERVICES BECAUSE YOU'RE DOING A THOROUGH REVIEW OF THEIR OPERATIONS.

WE ASSESS THE ADEQUACY OF THE SERVICES AND ANY PUBLIC FACILITIES THAT THAT THEY OWN AND OPERATE AND IDENTIFY AREAS FOR IMPROVEMENTS IN THEIR FACILITIES OR SERVICES, INCLUDING POSSIBLE CHANGES IN GOVERNMENT STRUCTURE, WHICH COULD BE LIKE CONSOLIDATIONS OR EVEN DISSOLVING AN ENTITY AND REPLACING IT WITH SOME OTHER ENTITY.

AND WE ARE AGAIN, WE'RE REQUIRED TO DO A REGIONAL FOCUS FOR THE MSRS AND IN SOME LAFCO AS THEY ACTUALLY DO IT GEOGRAPHICALLY TO LIKE IN MADERA COUNTY, PART OF MADERA IS ON THE VALLEY FLOOR, WHICH IS TYPICALLY LIKE MERCED.

AND THEN PART OF IT'S VERY MOUNTAINOUS GOING UP TO YOSEMITE.

SO THEY CAN FOCUS ON DISTRICTS THAT ARE SIMILAR LIKE IN THE MOUNTAIN COUNTY, THEY OPERATE MUCH MORE SIMILAR THAN THE FLAT VALLEY FLOOR, ESPECIALLY LIKE, SAY, WITH THE AG DISTRICTS AND EVEN SOME OF THE URBAN SERVICE DISTRICTS.

BUT OUR OUR VALLEYS.

SO OUR COUNTY.

SO WELL, I WAS GOING TO SAY HOMOGENEOUS, BUT IT'S NOT QUITE THE WEST SIDE.

AND YOU MIGHT HAVE SOME DIFFERENCES, EVEN THE NORTH SIDE.

BUT AGAIN, WE TEND TO GROUP THEM BY THE SERVICE TYPE FOR CONVENIENCE AND AND LOGIC.

AND THEN THE OTHER PURPOSE OF AN MSRS IS TO BE A LOCAL REPOSITORY OF INFORMATION ON THE DISTRICTS.

AND MANY TIMES WE'LL GET CALLS FROM PEOPLE THAT ARE LOOKING FOR INFORMATION ON A DISTRICT OR TYPE OF GROUP OF DISTRICTS, AND WE'LL REFER THEM TO THE MSRS AND THAT'S A COMMON SOURCE OF INFORMATION ACROSS THE STATE.

SO THE STATE REQUIRES SEVEN DETERMINATIONS OR FACTORS BE EVALUATED.

SO WE LOOK AT GROWTH AND POPULATION PROJECTION, AND THAT'S VERY BIG FOR URBAN DISTRICTS AND FOR CITIES.

IT'S NOT VERY IMPORTANT FOR AG DISTRICTS EXCEPT THAT THEY MIGHT LOSE TERRITORY AS CITIES GROW, THEY MAY LOSE IRRIGATION LAND, BUT IT'S EITHER REQUIREMENTS AND A LOT OF THEM ARE SLATED, I GUESS, MORE TOWARDS URBAN SERVICES.

AND NUMBER TWO, IT'S THE SAME WAY THE LOCATION AND CHARACTERISTICS OF DISADVANTAGED COMMUNITIES OR DUCS WITHIN OR CONTIGUOUS TO THE SPHERES.

SO DISADVANTAGED COMMUNITIES OR COMMUNITIES WHERE YOU HAVE 12 OR MORE A POPULATION OF 12 OR MORE THAT ARE PEOPLE THAT HAVE LESS THAN 80, 80% OF THE MEDIAN INCOME LEVEL.

SO THEY'RE LOW INCOME COMMUNITIES.

SO THOSE COMMUNITIES INCLUDE LIKE A MIDWAY OR SOUTH LOS PALOS AS A WHOLE.

SOMETIMES THE ENTIRE CITY COULD QUALIFY AS A DISADVANTAGED COMMUNITY, BUT THEY'RE NOT UNINCORPORATED.

SO IT'S USUALLY THE FRINGE AREA AROUND A CITY OR A REMOTE AREA LIKE A [INAUDIBLE] WOULD BE A DISADVANTAGED, UNINCORPORATED COMMUNITY.

THE WHOLE COMMUNITY IS A DISADVANTAGED COMMUNITY.

AGAIN, IT'S A BIG DEAL WHEN YOU'RE PROVIDING URBAN SERVICES AND THE PEOPLE CAN'T REALLY AFFORD IT.

AND HOW. HOW DO YOU TAKE CARE OF THEM OR YOU HAVE INADEQUATE SEWER LINES AND HOW DO YOU SERVE PEOPLE ON SEPTIC THAT NEED TO BE ON SEWER? BUT IN AN AG DISTRICT, THEY'RE REALLY PROVIDING THE WATER FOR FARMING.

AND SO THE WATER ISN'T USED FOR THESE COMMUNITIES.

SO WE DO SITE IN EACH DISTRICT'S CASE OR OTHER DISADVANTAGED COMMUNITIES WITHIN THEIR BOUNDARY, LIKE THE MERCEDES IRRIGATION DISTRICT, WHICH IS MOST OF THE EASTERN RIVERSIDE COUNTY. THERE'S A LOT OF DISADVANTAGED COMMUNITIES, BUT THE DISTRICT REALLY HAS NO RELATIONSHIP TO THEM.

AND THERE'S NO PROGRAMS THAT WE PROMOTE THAT THE IRRIGATION DISTRICT NEEDS TO PROVIDE SOME SERVICE, BECAUSE IT'S NOT THE KIND OF SERVICES THAT THEY WOULD BENEFIT FROM. AND THEN THE NEXT ONE IS THE PRESENT AND PLANNED CAPACITY OF PUBLIC FACILITIES AND ADEQUACY OF PUBLIC SERVICES, INCLUDING SERVICE TO DUCS.

SO I DISCOVERED THAT THERE AREN'T SERVICE DUCS, BUT THE MAIN CAPACITY ISSUES ARE OBTAINING WATER, WHETHER IT'S SURFACE OR GROUND, AND THEN TRANSPORTING THAT WATER THROUGH THE DISTRICT TO REACH ALL THE FARMLAND.

[00:35:01]

THE FINANCIAL ABILITY OF THE AGENCY TO PROVIDE THE SERVICES, PART OF THE EVALUATION, STATUS AND OPPORTUNITIES FOR SHARED FACILITIES.

AND THERE ARE CASES WELL, ESPECIALLY WITH THE IRRIGATION WATER ON THE WEST SIDE, A LOT OF THE LIKE THE CENTRAL VALLEY PROJECT AND STATE WATER PROJECT FACILITIES SERVE MULTIPLE DISTRICTS JUST IN THE WHOLE VALLEY, NOT JUST OR EVEN OUTSIDE THE VALLEY IN SOME CASES.

SO IT'S NOT JUST EVEN SHARED WITH HIM OR SAID COUNTY.

AND THEN THE SIXTH FACTOR IS ACCOUNTABILITY OF COMMUNITY SERVICE NEEDS, INCLUDING GOVERNMENT STRUCTURE AND OPERATIONAL EFFICIENCIES.

AGAIN, THAT GETS TO DISTRICTS WHO ARE MAYBE MARGINALLY OPERATING OR WE HAVE A FEW THAT ARE JUST ONE FAMILY OWNING A DISTRICT.

AND SO THEIR BOARD IS THE SAME AS THEIR THEIR DISTRICT BOARD IS THE SAME AS THEIR CORPORATE BOARD.

SO THERE MAY BE EFFICIENCIES ON CONSOLIDATING WITH OTHER DISTRICTS IF IF IT MADE SENSE.

AND THEN ITEM SEVEN IS JUST ANY OTHER MATTERS THAT THAT WE COULD IDENTIFY LOCALLY AS A LAFCO FOUR TYPES OF DISTRICTS OR ALL DISTRICTS OR SOMETHING THAT MIGHT COME UP IN AN INDIVIDUAL CASE.

AND SO IN OUR CASE, WE IN THIS MSR, WE INCLUDED ONE FACTOR, WHICH IS THE SPHERE OF INFLUENCE IS IS IT APPROPRIATE? IS IT LARGE ENOUGH OR DOES IT MAKE SENSE FOR THE DISTRICT? SO I ON THIS SLIDE, I'VE INCLUDED A MAP OF THE MERCED IRRIGATION DISTRICT, WHICH IS UNIQUE FOR MANY DISTRICTS BECAUSE IN MOST CASES WE HAVE HISTORIC WATER DISTRICTS AND THEY'VE HAD THEIR LOCATION SET AND THEY ONLY HAVE SO MUCH WATER.

SO THEY'RE NOT GROWING LIKE A CITY OR AN URBAN COMMUNITY.

SO THE DISTRICT BOUNDARY AND THE SPHERE OF INFLUENCE BOUNDARY ARE COTERMINOUS OR BASICALLY THE SAME.

BUT IN MERCED'S CASE, THEY HAVE MOST OF EASTERN RIVERSIDE COUNTY, SOUTH OF THE MERCED RIVER, AND A LITTLE BIT OF AREA NORTH OF THE RIVER AND EAST OF THE SAN JOAQUIN RIVER IS IN THEIR SPHERE OF INFLUENCE.

AND AND THE THERE'S A BLACK LINE HARDER TO SEE ON THIS MAP.

BUT THE BLACK LINE AND THE SHADING, THERE'S A KIND OF A GRAY SHADING ON THE AREA THAT'S WITHIN THEIR DISTRICT, AND THAT'S WHERE THEY ACTUALLY PROVIDE THE IRRIGATION WATER.

SO THEY HAVE A MUCH BIGGER SPHERE THAN JUST THE DISTRICT BOUNDARY.

BUT IT'S KIND OF UNUSUAL FOR THAT KID HAS A LARGER SPHERE THAN THEIR DISTRICT, BUT MOST OF THEM ALL HAVE A COTERMINOUS BOUNDARY.

SO WE WE WANT TO REFLECT THAT IN OUR MAPS AND THAT'S PART OF THE ANALYSIS IN THE MSR.

SO AS AN OVERVIEW, WE, WE LOOKED AT 15 DISTRICTS IN THE DOCUMENT AND THERE ARE FIVE DISTRICTS THAT HAVE NO WATER FACILITIES OR SUPPLY.

THEY SEVERAL OF THEM FORMED DUE TO SIGMA LIKE THE AMSTERDAM WATER DISTRICT RECENTLY, AND THEY FELT THEY'D HAVE A BETTER CHANCE TO NEGOTIATE, TO GET EXCESS WATER OR GET INCLUDED IN ANY BENEFICIAL PROJECTS TO COME OUT OF THE GROUNDWATER SUSTAINABILITY PLANS.

AND SO AND WE HAD SOME OTHER OLD DISTRICTS LIKE CORTEZ IN THE NORTHERN PART OF THE COUNTY THAT'S IN THE TURLOCK SUB BASIN THAT FORMED TO GET WATER FROM THE TURLOCK IRRIGATION DISTRICT OVER 30 YEARS AGO.

AND THEY NEVER GOT WATER THEN, BUT THEY'RE STILL AT IT.

AND WITH SIGMA NOW THEY'RE TRYING TO GET WATER SOMEHOW THROUGH THAT.

SO THEY HAVE A FUNCTION, BUT THEY'RE NOT REALLY DELIVERING WATER.

THEY'RE TRYING TO GET WATER.

FIVE OF THE DISTRICTS ARE MULTI COUNTY DISTRICTS, EITHER EXTENDING TO STANISLAUS OR FRESNO OR MERCED, ACTUALLY MADERA COUNTIES.

AND THEN WE HAVE A CLAYTON WATER DISTRICT THAT BECAME A DISTRICT ON OUR LIST.

WHEN THEY ASKED A LOT OF LAND AND WERE SAID COUNTY FORMALLY, THEY WERE LOCATED ENTIRELY WITHIN MADERA COUNTY.

BUT FOLLOWING THE THE ANNEXATION, THE MAJORITY OF THE DISTRICTS ARE MERCED COUNTY, BUT THEIR MSR WAS BRAND NEW, PREPARED BY MADERA LAFCO AND IT'S VERY THOROUGH ABOUT THEM, THEIR DISTRICTS SPECIFICALLY.

SO WE DIDN'T UPDATE THEIR MSR.

SO IT'S A STANDALONE DOCUMENT, IT'S STILL IN EFFECT.

AND THEN THE SENTINEL WATER DISTRICT, WHICH IS LOCATED NORTH OF THE SAN LUIS RESERVOIR AND OR THE O'NEILL FORBES, I SHOULD SAY, TRANSFERRED THEIR WATER AND SOLD IT ALL TO THE DEL PORTO, I'M SORRY, TO THE WESTLANDS WATER DISTRICT BACK IN 2006.

AND SO ALL THESE YEARS THEY DON'T HAVE ANY WATER.

AND THE LANDOWNER BASICALLY WAS ONE LANDOWNER MADE A BUNCH OF MONEY SELLING THAT WATER.

SO THERE'S REALLY NO REASON FOR THE DISTRICT.

THEY DON'T OPERATE ANYTHING AS A DISTRICT.

THEY DON'T PROVIDE ANY SERVICES.

SO THEY THERE IS NOTHING TO EVALUATE IN THE MSR.

SO WE'RE BASICALLY MADE A CONCLUSION UP FRONT IN THE INTRODUCTION THAT THEY SHOULD BE DISSOLVED.

[00:40:02]

BUT OUR EFFORTS WOULD BE AFTER THE MSR IS UPDATED TO WORK ON A DISSOLUTION TO GET RID OF THE DISTRICT BECAUSE THEY'RE NOT PROVIDING ANY SERVICE AND THEY NEVER WILL.

THEY HAVE NO WATER. AND SO I JUST POINT THAT OUT AS A UNIQUE FEATURE.

THE OTHER COMPONENT OF THE MSR THAT'S NEW SINCE THE LAST ROUND WHEN IT WAS PREPARED IN 2008.

IS THAT THE GROUNDWATER OR THE.

SUSTAINABLE GROUNDWATER MANAGEMENT ACT'S SIGMA PASSED, AND IT CREATED A WHOLE LOT OF EFFORT PLANNING AND STRATEGIZING AMONG LOCAL WATER DISTRICTS AND WATER AGENCIES, INCLUDING CITIES AND URBAN DISTRICTS, ON HOW TO GET THE CONTROL OF GROUNDWATER AND MANAGE SURFACE WATER BETTER.

AND SO THIS MSR DOES A LINK, LINK TO THAT, THE WEBSITES FOR THAT AND ALSO GIVE SOME BACKGROUND IN THE BEGINNING OF THE DOCUMENT ABOUT GROUNDWATER SUSTAINABILITY.

THE INTRODUCTION OR THE BACKGROUND SECTION ALSO TALKS ABOUT THE DROUGHT CONDITIONS WE'VE HAD LATELY, AND ESPECIALLY FOR THE WEST SIDE, THE BUREAU OF RECLAMATION, IRRIGATION WATER ALLOTMENTS HAVE BEEN ZERO LIKE THIS YEAR.

THEY'RE CURRENTLY PROPOSED ZERO AND MANY YEARS THEY HAVE BEEN OR THERE ARE TEN OR 20% EVEN OF NORMAL, SO BIG.

SO WE DO A SUMMARY OF SOME BROADER CATEGORIES THAN WE GET INTO EACH DISTRICT AS WELL.

AND THEN THERE'S ANOTHER SECTION ON SERVICE PROVIDERS IDENTIFYING SPECIAL ISSUES.

AND AGAIN, THAT'S ANOTHER SPOT WHERE WE TALK ABOUT CLAYTON AND THE SENTINEL DISTRICT A BIT.

AND THAT'S A REPEAT.

AND THEN FINALLY, IN EACH INDIVIDUAL CHAPTER ON EACH DISTRICT HAS THREE SECTIONS IN IT.

AND THEN ON THIS SLIDE, I TALK ABOUT TABLE TABLE 1, WHICH IS A SUMMARY OF ALL THE DISTRICTS, AND IT HAS INFORMATION ON HOW BIG THEY ARE, THE NUMBER OF CUSTOMERS IN SOME CASES. THEY'RE CALLED LANDOWNERS, AND OTHERWISE THEY'RE CUSTOMERS.

WHEN YOU HAVE A LOT OF FARMS THAT AREN'T LANDOWNER RUN WHERE THEY'RE LOCATED, ARE THEY WHICH GSA ARE THEY WITHIN OR ARE THEY A MEMBER? AND PRETTY MUCH ALL THE DISTRICTS ARE MEMBERS OF THEIR LOCAL GROUNDWATER SUSTAINABILITY AGENCY.

AND THEN WHAT'S THERE? WE PRETTY MUCH PUT IN THERE MAXIMUM ANNUAL WATER PRODUCTION CAPACITY IN THIS TABLE.

IN THE INDIVIDUAL CHAPTERS, WE TALK ABOUT WHAT THEY'RE ACTUALLY GETTING RECENTLY, BUT THEY HAVE THEIR OVERALL CAPACITY OR CONTRACT AMOUNT FOR A LOT OF THE DISTRICTS TO GET SURFACE WATER.

AND THEN EACH CHAPTER LOOKS AT THE GOVERNANCE AND OPERATIONS OF THE DISTRICT, THE INFRASTRUCTURE, FACILITIES AND SERVICES THEY PROVIDE, AND THEN WHAT IS THEIR DEMAND AND CAPACITY? SO WE GET MORE LOCAL INFORMATION FOR EACH DISTRICT.

WE DID PREPARE A DISTRICT REVIEW DRAFT AND SEND IT AS AN EARLY VERSION OUT TO ALL THE DISTRICTS AND GOT FEEDBACK FROM MANY OF THEM, BUT NOT ALL OF THEM.

AND THEN WE SENT THE PUBLIC REVIEW DRAFT OUT THAT'S IN YOUR PACKET AND GOT COMMENTS BACK FROM SOME OTHER DISTRICTS THAT HADN'T COMMENTED EARLIER.

SO WE'VE GOTTEN PRETTY GOOD FEEDBACK FROM MOST OF THEM TO VALIDATE AND VERIFY INFORMATION.

AND THEN EACH AT THE END OF EACH CHAPTER FOR EACH DISTRICT ARE THOSE THAT LIST OF SEVEN DETERMINATIONS THAT I MENTIONED EARLIER, A CONCLUSION ABOUT EACH ONE, AND THEN THE SPHERE OF INFLUENCE, WHETHER IT'S APPROPRIATE OR ADEQUATE OR SHOULD BE CHANGED.

AND THEN FINALLY, IN RESPONSE TO THIS LAST PUBLIC REVIEW DRAFT, THE EARLIER COMMENTS WE GOT WERE CONSOLIDATED OR AMENDED INTO THE THE VERSION THAT YOU HAVE THAT WE POSTED ON OUR WEBSITE.

AND AGAIN, WE SENT IT OUT TO ALL THE DISTRICTS.

SO THE BALLICO-CORTEZ DISTRICT COMMENTED THAT THEY THEY DON'T HAVE ANY STAFF.

THEY'RE ONE OF THE DISTRICTS WITHOUT ANY WATER AND THEY HAVE CONSULTANT THAT THEY USE FOR GES OR EXCUSE ME, GSA INTERACTION FOR THE SUSTAINABLE GROUNDWATER. BUT THEY DON'T, THEY DON'T PROVIDE ANY FUNCTIONS, SO THEY DON'T HAVE ANYBODY DOING ANYTHING FULL TIME OR PART TIME.

EAGLE FIELD, WHICH IS A SMALL DISTRICT ON THE WEST SIDE, THEIR ADDRESS IS THE SAME ADDRESS AS TWO OTHER WATER DISTRICTS THAT ARE HEADQUARTERED OUT OF FRESNO COUNTY AND THEIR OFFICES IN FRESNO COUNTY.

THEIR DISTRICT IS IN BOTH IN FRESNO, BUT THEY DON'T REALLY LINK UP WITH THOSE DISTRICTS EXCEPT USING THE SPACE, BUT THEY INDICATED THAT THEY'RE LANDOWNERS. THERE'S TWO CORPORATE FARMS WITHIN THEIR DISTRICT.

THEY SHARE THE CORPORATE OFFICE SPACE WITH THE DISTRICT, SO THEY SAVE MONEY FOR THE DISTRICT THAT WAY.

AND THE DISTRICT DOESN'T HAVE ANY STAFF THAT THE TWO CORPORATE LANDOWNERS DO ALL THE WORK AS A CORPORATION.

[00:45:05]

AND THAT'S THAT'S ONE OF THEIR MAIN PURPOSE FOR BEING A DISTRICT, THE LITTLE LAGUNA WATER DISTRICT, THE COMMISSION, TWO YEARS AGO, WE WERE LOOKING AT DISSOLVING SOME DISTRICTS THAT WERE INACTIVE.

AND LAGUNA POPPED UP AS ONE OF THEM FROM THE STATE COMPTROLLER'S OFFICE.

AND IT TURNS OUT THAT LITTLE LAGUNA DISTRICT HAS A BUREAU CONTRACT.

AND IT'S RIGHT NEXT TO THIS JUST WEST OF THE CITY OF DOS PALOS.

BUT THEY NEVER PROVIDE ANY WATER THERE AND THEY NEVER DO ANY FARMING THERE.

BUT THEY TAKE THE WATER ALLOTMENT WHEN THEY GET ANY AND THEY APPLY IT TO LANDS THAT THE OWNERSHIP, CORPORATE OWNERSHIP HAS UP IN THE SAN LUIS WATER DISTRICT.

AND THEY THEY BASICALLY WE'LL OR TRANSFER THAT BUREAU OF WATER RIGHT UP TO THAT FARMLAND.

SO THEY DID GIVE US A COMMENT THAT OUR MAP WAS INCORRECT AND THERE WAS TWO PARCELS THAT WEREN'T WITHIN THEIR BOUNDARY.

AND I'LL SHOW THAT IN THE NEXT SLIDE.

AND THEN WE GOT WE GOT SOME CLARIFICATION FROM THE LARGE MERCED IRRIGATION DISTRICT THAT WE SAID THEY HAD 2200 LANDOWNERS, BUT THEY FED TWO OTHER CUSTOMERS AGAIN.

SO THEY HAVE A LOT OF LEASED LAND THAT AREN'T OWNED BY THE FARMER THAT'S FARMING IT, BUT THEY DELIVER WATER TO IT AND THEN THEY HAVE THEIR MEETINGS AT THEIR THEIR OFFICE OUT IN THE COMMUNITY OF FRANKLIN BEECHWOOD RATHER THAN THE MERCED OFFICE.

SO WE CORRECTED THAT AND HAD SOME BUDGET ISSUES WITH ENTERPRISE FUNDS THAT THEY HAVE AND THAT ORIGINALLY WE THOUGHT THEY WERE PART OF THREE GSA'S BECAUSE OF THEIR THEIR LARGE BOUNDARY, THEIR SPHERE OF INFLUENCE.

BUT THEY CLARIFIED THAT THEY'RE ONLY PART OF THE ONE MERCED GSA IN THE SOUTHERN SUB BASIN.

AND THEN IN THE ACTIONS IN YOUR EXECUTIVE OFFICERS REPORT IN SECTION TWO, ON PAGE FIVE, POINT OUT WHAT THESE CHANGES ARE TO THE TO THE TEXT, THE SPECIFIC CHANGES.

SO ON TO THE LAGUNA WATER DISTRICT.

THE THIS IS A SMALL DISTRICT AND JUST THE AREA AND THE CITY OF LOS PALOS IS TO THE EAST AND THE SOUTH.

THAT LITTLE BLOCK TO THE SOUTH IS THE SOUTH LOS PALOS COMMUNITY.

AND THIS IS ONE OF THE DISTRICTS WHERE THE SPHERE AND THE DISTRICT BOUNDARY ARE THE SAME.

BUT WE HAVE THE BOUNDARY GOING ALL THE WAY DOWN TO SOUTH LOS PALOS, AND IT TURNS OUT THAT AREA IS ACTUALLY IN CCID'S BOUNDARY FOR CLASS TWO WATER, WHICH IS ACCESS WATER WHEN IT'S AVAILABLE.

SO IT'S NOT PART OF LAGUNA.

SO WE'VE CLARIFIED THAT MAP AND I HAVE MAPS OF ALL THE DISTRICTS IN CASE THERE'S A DISTRICT YOU WANT TO TALK, TALK ABOUT OR HAVE QUESTIONS ABOUT.

BUT I'M NOT GOING TO GO THROUGH ALL THE MAPS.

SO I JUST WANTED TO SHOW THIS ONE BECAUSE WE CORRECTED THE BOUNDARY.

AND THEN FINALLY, THERE'S TWO ACTIONS THAT STAFF IS RECOMMENDING FOR THE COMMISSION, AND THE FIRST IS THE ENVIRONMENTAL REVIEW TO ADOPT THE FINDING THAT THE MUNICIPAL SERVICE REVIEW IS EXEMPT FROM CEQA UNDER 15306 IS INFORMATION COLLECTION.

AND THAT'S A STANDARD DETERMINATION BY ALL LAFCO WHEN YOU'RE NOT CHANGING BOUNDARIES OR IF IT'S NOT AN URBAN DISTRICT, YOU'RE LEADING TO GROWTH THAT THIS IS REALLY AN INFORMATION DOCUMENT. SO THERE'S NO SECRET DOCUMENT THAT NEEDS TO BE PREPARED.

AND THEN ALSO ASK THAT YOU ADOPT RESOLUTION 2022 ONE APPROVING THE IRRIGATION SERVICE PROVIDERS, MUNICIPAL SERVICE REVIEW AND THE CORRESPONDING SOI THREE OF INFLUENCE MAPS.

AND THEY ALSO SHOW THE DISTRICT BOUNDARY AND ADOPT THE FIVE DETERMINATIONS AND ACTIONS IN SECTION FOUR OF THE EXECUTIVE OFFICERS REPORT.

AND IT REFLECTS THE MODIFICATIONS REQUESTED BY THE FOUR DISTRICTS THAT ARE PRESENT IN THE REPORT.

AND THAT CONCLUDES MY PRESENTATION.

THANK YOU, BILL. ANY QUESTIONS OR INITIAL COMMENTS BEFORE WE OPEN THE PUBLIC HEARING? HEARING NOW OPEN THE PUBLIC HEARING AT 10:54, THE MEMBERS OF THE PUBLIC COULD WISH TO COMMENT ON WHAT WAS JUST PRESENTED.

SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING NOW AT 10:55.

BRING IT BACK TO THE COMMISSION FOR ANY COMMENT OR DISCUSSION OR IF THERE'S A REQUEST FOR ACTION OR A MOTION.

THANK YOU, MR. CHAIR. BILL? SAN LUIS CANAL COMPANY? WHY WOULDN'T THEY FALL UNDER THE IRRIGATION DISTRICTS? IS IT BECAUSE THEY'RE A RESOURCE CONSERVATION HENRY MILLER RECLAMATION DISTRICT AS WELL.

SAN LUIS CANAL COMPANY IS PRIVATE. YEAH.

SAN LUIS CANAL COMPANY IS A PRIVATE ENTITY, SO THEY ARE NOT SUBJECT TO LAFCO MAINTENANCE.

AH, YEAH. SO THEY CREATED.

YEAH. SAN LUIS CANAL COMPANY HAS BEEN AROUND FOR FOREVER AND IT'S NOT A LAFCO RELATED ENTITY AND THEREFORE THEY PAY TAXES ON ANYTHING THAT THEY DO IS IF ANY COMPANY LIKE PG&E.

[00:50:06]

AND IT'S NOT IN THIS MSR BECAUSE IT'S NOT A WATER DISTRICT, BUT ALL THEIR CANALS ARE IN THAT DISTRICT.

SO IT'S A SPIDERWEB OF CANALS GOING EVERYWHERE.

IT'S NOT THE FARMLAND LIKE ALL THESE DISTRICTS.

IT'S THE BOUNDARY OF THE AREA YOU SERVE WATER, THE HENRY MILLER RECLAMATION DISTRICTS, ALL THE IT'S LIKE VEINS IN YOUR ARM.

IT'S ONLY THE CANALS.

AND ONE OF THE BESIDES USING THAT MONEY TO MAINTAIN EVERYTHING, IT ALSO TOOK IT OFF THE TAX ROLLS.

SO IT WAS A IT WAS A GOOD CORPORATE THING EQUIPMENT.

NOW IT'S PART OF HENRY MILLER RECLAMATION.

SO THEY TURNED YEAH, THEY TURNED OVER ALL THE INDIVIDUAL EQUIPMENT TO THAT ENTITY.

SO THAT'S A REAL DISTRICT.

THAT DISTRICT WOULD SHOW UP IN OUR CATEGORY OF OTHER SPECIAL DISTRICTS BECAUSE IT'S A UNIQUE IT'S THE ONLY RECLAMATION DISTRICT IN OUR COUNTY.

SO. YEAH, THANK YOU.

ALL RIGHT. ANYBODY ELSE? ANY OTHER QUESTIONS? YOUR MOTION.

CHAIR. SILVEIRA, I WOULD LIKE TO MAKE A MOTION TO ADOPT THE FOLLOWING FINDINGS THAT THIS IS EXEMPT UNDER SECTION 15306 INFORMATION COLLECTION AND ALSO MAKE THE MSR DETERMINATION THAT THE COMMISSION ADOPTS THE RESOLUTION NUMBER 2022-1 APPROVING THE AGRICULTURAL IRRIGATION SERVICE PROVIDER, MUNICIPAL SERVICE REVIEW AND CORRESPONDING SOY MAPS BASED ON THE FIVE DETERMINATIONS AND ACTIONS IN SECTION FIVE. EXCUSE ME, THAT'S SECTION FOUR OF THE EXECUTIVE OFFICERS REPORT, INCLUDING THE MODIFICATIONS REQUESTED BY THE FOUR INDIVIDUAL DISTRICTS. ALL RIGHT.

IS THERE A SECOND TO VICE CHAIR SILVEIRA'S MOTION? I'LL SECOND.

ANY OPPOSITIO? OK, HEARING NONE, THE MOTION PASSES UNANIMOUSLY.

THANK YOU, BILL. THANK YOU FOR YOUR PRESENTATION.

OKAY. ON TO ITEM 8A EXECUTIVE OFFICER ORAL UPDATE ON UPCOMING APPLICATIONS AND OTHER BUSINESS.

[VIII. EXECUTIVE OFFICER AND COMMISSIONERS' COMMENTS ]

THEY DO WHAT'S CALLED A REORGANIZATION WHERE THEY ADD SOME LAND TO SUPPLY THEIR CCID WATER AND THEY REMOVE LAND FROM ANOTHER AREA TO BASICALLY TRANSFER THE WATER RIGHTS. THEY DON'T EVER ANNEX LAND TO PROVIDE MORE WATER BECAUSE THEY DON'T HAVE MORE WATER.

SO THEY ALWAYS DO A SWAP OR THEY REMOVE LAND.

IF IT'S GOING INTO A CITY, THEN THEY WILL DETACH IT FROM THE DISTRICT.

SO THAT WILL PROBABLY COME IN THE AUGUST MEETING, BUT OTHERWISE I HAVE NO PENDING APPLICATIONS AT THIS POINT.

WHERE IS THAT COMING FROM? I HAVEN'T HAD I CAN'T REMEMBER WHERE THAT WHICH PROPERTY IT WAS.

SORRY. IS IT, UM, IS IT A PIECE OF SOMEBODY MOVING IT OR IS IT SOMETHING LIKE SOMETIMES THEY HAVE SOME WATER JUST KIND OF SITTING THERE, IF YOU WILL. SOME OF THE RIGHT SITTING THERE IN THE BANK OF A PIECE WAS ANNEXED AND THEY DETACHED IT FROM THE CITY.

THEN THEY DO A SEALED BID AND THEN YOU CAN COME AND BUY AND LIKE MAYBE IF YOU HAVE A PIECE OF CLASS TO GROUND PART OF YOUR RANCH'S CLASS TOO, YOU CAN BUY IT AND MAKE THAT INTO CLASS ONE. DO YOU KNOW WHICH ONE IT IS? YEAH, THIS IS THIS IS ONE WHERE THE LANDOWNER HAS USUALLY BETTER FARMLAND THAT THEY WANT TO IRRIGATE AND THEN QUIT USING THE CITY WATER AND OTHER LAND.

SO THEY'RE TRANSFERRING IT WITHIN WITHIN THE SAME.

YEAH. WITHIN THE DISTRICT BUT THE SAME OWNER.

VERY GOOD. THANK YOU.

ANYTHING ELSE, BILL? NO.

ALL RIGHT, COMMISSIONER. COMMENTS STARTING.

YOU'LL START DOWN WITH SCOTT.

ANYTHING FROM YOU? ANYTHING FOR YOU, MR. BERTAO. FOR ME TODAY.

THANK YOU. COMMISSIONER HOKE.

I JUST WANT TO SAY THANK YOU FOR WELCOMING ME ON YOUR BOARD, AND WE'LL SEE HOW IT GOES.

I KNOW IT TAKES A LITTLE WHILE.

HE'S GOT A GOOD GROUP, AND WE'RE HAPPY TO HAVE YOU.

I WOULD RECOMMEND YOU WHEN YOU GO TO WHEN THEY HAVE THE CONFERENCE, GO TO, UH, LAFCO 101.

IT'S THERE.

IT'S IN OCTOBER. BILL.

YES. IT'S THE ANNUAL, IT WAS THEIR ANNUAL CONVENTION.

AND IT STARTS A LITTLE BIT SOONER THAN THE REGULAR CONVENTION.

BUT I WOULD RECOMMEND TO GO THERE BECAUSE YOU RE GONNA HEAR EVEN MORE ACRONYMS THAN YOU'VE EVER HEARD BEFORE.

I AM A TEACHER. THEY LIKE.

YEAH. SO. AND IT'S JUST LIKE I FELT LIKE FOR ME WHEN I GOT ON, THAT WAS IT'S KIND OF GIVES YOU A LITTLE KIND OF THE LAY DOWN BECAUSE IT'S IT'S INTERESTING THAT THIS IS THE ONE PLACE IN LOCAL GOVERNMENT WHERE YOU'RE ALLOWED TO WEAR TWO HATS YOU ARE ON YOU'RE A CITY COUNCIL MEMBER, BUT YOU'RE ALSO A LAFCO COMMISSIONER. AND YOU COULD TAKE AN ACTION IN THE CITY AND THEN COME TO LAFCO AND THEN MAYBE NOT BE ABLE TO MAKE THE DETERMINATIONS AND BE OPPOSED TO IT HERE.

[00:55:01]

SO I WOULD I WOULD RECOMMEND THAT FOR YOU.

APRIL WHEN IS IT IN OCTOBER, BILL.

YEAH, I DON'T RECALL THE EXACT DATES, BUT IT'S IT'S DEFINITELY IN OCTOBER.

COULD IT BE DOWN THERE IN AN ORANGE AGAIN? LIKE, YEAH, IT WAS GOING TO BE LAST YEAR.

YEAH, IT'S GOING TO BE AT THE JOHN WAYNE AIRPORT, I THINK A HYATT HOTEL AT JOHN WAYNE AIRPORT.

JUST NOT ON THE BEACH, BUT IT'S NEAR THE AIRPORT.

ALL RIGHT. NOTHING FROM ME.

ON TO ADJOURNMENT.

CHAIR'S PREROGATIVE TO ADJOURN.

WE DON'T NEED A MOTION. ALL RIGHT.

MOTION IS NOW ADJOURNED AT 11:01.

* This transcript was compiled from uncorrected Closed Captioning.