Imperial Local Agency Formation Commission

MINUTES OF THE REGULAR LAFCO HEARING

October 22, 2020

8:30 a.m.

VOTING COMMISSIONERS PRESENT:               

Jason Jackson (Chair), Michael Kelley (Vice-Chair), Ray Castillo, David H. West, Maria Nava-Froelich

ALTERNATE COMMISSIONERS PRESENT:       

None

ABSENT:                                                           

None

STAFF PRESENT:                                            

Jurg Heuberger - Executive Officer, Julie Carter - Accountant, Paula Graf - Analyst

REGULAR SESSION OF THE LAFCO CALLED TO ORDER AT 8:30 A.M.

1.     Roll Call

2.     Pledge of Allegiance

3.   Approval of Consent Items:

3A. Minutes from April 23, 2020

3B. Minutes from August 27, 2020

3C. Project Report update

Motion by Commissioner Castillo to approve Items 3A, 3B, and 3C as presented.

ACTION:     Approve Items 3A, 3B, and 3C 

MOTION:     CASTILLO

AYES:     FROELICH, JACKSON, KELLEY, CASTILLO, WEST 

ANO:     NONE

ABSTAIN:     NONE

ABSENT:     NONE

4.     Public Comments

No public comments were received.

5A.     Announcements by Commissioners.

i. Update on CALAFCO Board (Commissioner Kelley)

ii. Update on Southern Region Meeting (Commissioner West)

iii. CALAFCO Dues

Commissioner Kelley stated he had a brief call with the Chairman and Executive Director of CALAFCO to discuss the board meeting on Friday. Several items will be discussed at this meeting including the new chair appointment, establishing the next calendar of events and meetings, and the dues structure. Most meetings at the beginning of the next calendar year will be virtual.

Commissioner West stated the Southern Region has met on several occasions and one of the topics of concern is the CALAFCO dues structure. All 58 LAFCOs need to work together to find a solution. Mr. West sits on the Dues Ad Hoc Committee and some of the LAFCOS want the larger counties to pay more and that's of concern. Imperial is a smaller county, but the Southern Region has larger counties that are being asked to pay more.

Commissioner Kelley asked when the current dues structure that was voted on goes into effect.

Commissioner West replied that it is effective this current fiscal year.

No further comments were made.

5B.     Announcements by the Executive Officer.

Mr. Heuberger stated Commissioner West will be taking part in the CALAFCO Board of Directors elections. Commissioner Kelley will be the new chair and staff will provide support and take a more active role in assisting him. It's an honor for Imperial LAFCO to be the chair on the board.  Commissioners West and Kelley are both on the CALAFCO Board which is interesting being the smaller county in the Southern Region.

Mr. Heuberger stated a somewhat anonymous letter was received regarding the Heffernan Memorial Healthcare District. That letter was shared with Mr. Tomas Virgen, HMHD Executive Director. Staff will review and meet with Mr. Virgen and provide a conclusion.

 Mr. Heuberger stated the Southern Region will start reviewing RFP's to choose an auditing firm for the preparation of the financial statements. The same firm has been used for the past five years. Some LAFCO's have a policy that prohibits the extension of a contract without going through an RFP process. This item will come before the Commission early next year. It might be the same firm that is currently being used. The Southern Region is also discussing the potential to work jointly on staffing assistance. If Imperial were to need help, then there'd be the opportunity to solicit input from within the region. The region is cooperative, and staff have a good working relationship with the other LAFCOs.

Commissioner Kelley asked if the HMHD item will be on the next agenda.

Mr. Heuberger replied yes that it would, and staff will keep the Commission updated. No further comments were made.

6.     Public hearing to consider the approval of the Service Area Plan(SAP)/Municipal Service Review(MSR)/Sphere of lnfluence(SOI) for the Imperial Irrigation District (IID 1-16)

Mr. Heuberger stated this item is the Service Area Plan/Municipal Service Review/Sphere of Influence for the Imperial Irrigation District. This is the first plan by the district. This review is required by statute every five years or earlier depending on the circumstances. The proposed plan has been reviewed extensively with 11D staff, Mr. Henry Martinez, General Manager, Mr. Antonio Ortega, Govt. Affairs and Communications Officer, and Ms. Justina Arce, Water Resources Planner. Ms. Arce was the main contact person and did a great job on preparing the plan. This plan is different from the ones normally presented on other special districts. 11D provides two key services, water and power. The water boundary is governed by a congressional act and allows water to be provided within a specific area, a map of this area is included in the hearing packets. The district provides power services to most of Imperial County and to parts of Riverside County through a legal settlement. The boundary of the district does not include the Riverside area, it includes a pre-existing settlement agreement that expires in 2033. If the 11D wishes to continue to provide power to the Riverside area, then the district would come to LAFCO to apply for either an extension of service outside their boundary or an annexation. It's created some discussions with 11D and Riverside LAFCO. There's been proposed legislation over the past years regarding the makeup of the 11D board.

Commissioner Froelich stated the plan is a thorough, however the demographics included in the report are outdated. She asked that in the future the data be updated.

Mr. Heuberger stated the recommendation is to approve the plan as presented, including adopting the two Sphere of Influences for water and power.

Motion by Commissioner West to Approve Option #1 of the Executive Officer's report, adopting the Service Area Plan/Municipal Service Review/Sphere of Influence's/Boundary for the Imperial Irrigation District and passed by the following roll-call vote:

ACTION:     Approve Option #1 of the Executive Officer's report, adopting the Service Area Plan/Municipal Service Review/Sphere of Influence's/Boundary for the Imperial Irrigation District.

MOTION:     WEST

AYES:     FROELICH, JACKSON, KELLEY, CASTILLO, WEST

ANO:     NONE

ABSTAIN:     NONE

ABSENT:     NONE