agenda wednesday, october 17, 2018 · 17/10/2018 · please note that for an item on today’s...

VENTURA LOCAL AGENCY FORMATION COMMISSION

AGENDA

Wednesday, October 17, 2018

9:00 A.M.

Hall of Administration, Board of Supervisors Hearing Room

800 S. Victoria Avenue, Ventura CA

COMMISSIONERS AND STAFF

COUNTY CITY DISTRICT PUBLIC

Linda Parks, Chair Janice Parvin Elaine Freeman David J. Ross, Vice Chair

John Zaragoza Carmen Ramirez Mary Anne Rooney

Alternate Alternate Alternate Alternate

Steve Bennett Claudia Bill-de la Peña Andy Waters Pat Richards

Executive Officer Deputy Executive Officer Office Manager/Clerk Legal Counsel

Kai Luoma, AICP Andrea Ozdy Richelle Beltran Michael Walker

1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Agenda Review

Consider and approve, by majority vote, minor revisions to Commission items and/or attachments and any item added to, or removed/continued from, the LAFCo agenda and changes to the order of business to accommodate a special circumstance.

5. Public Comment

This is an opportunity for members of the public to address the Commission on any subject matter within the Commission’s jurisdiction. Persons desiring to address the Commission must complete and deliver to the Commission Clerk a speaker card prior to the commencement of this comment period. Each speaker’s presentation may not exceed five minutes. Please note that for an item on today’s agenda, speakers should fill out and submit a speaker card and address the Commission when the item is discussed, and their name is called.

1

Ventura LAFCo Agenda October 17, 2018 of 4

CONSENT ITEMS

Consent Items 6 through 9 – Review and approve unless an item is removed for discussion and separate action. Consent items are to be routine and non-controversial.

6. Minutes of the Ventura LAFCo July 18, 2018, Meeting 7. Professional Services Agreement for Audit Services – Vavrinek, Trine, Day & Co., LLP

Adopt a resolution approving a professional services agreement for audit services for fiscal year ended June 30, 2018 with Vavrinek, Trine, Day & Co., LLP for an amount not to exceed $8,500 and authorizing the Chair to execute the agreement.

8. Ventura LAFCo 2019 Meeting Calendar 9. Budget to Actual Reports: July and August 2018

RECOMMENDED ACTION: Approval of Items 6, 7, and 8; and Receive and File Item 9

ACTION ITEMS

10. Ventura County Grand Jury Final Report – Independent Special Districts

It is recommended that the Commission take one of the following actions:

1. Authorize the Chair to sign the written response to the Ventura County Grand Jury; or 2. Provide other direction as appropriate.

HEARD JULY 18, 2018, ITEM NO. 15 RECOMMENDED ACTION: Approval of 1 or 2

11. Amendments to Ventura LAFCo Commissioner’s Handbook

Adopt a resolution to amend the Ventura LAFCo Commissioner’s Handbook to add a policy regarding legislative process participation, add definitions pertaining to out-of-agency service agreements, and modify language of several other sections (two of which (Handbook Sections 1.1.3.2 and 1.1.3.4) are contained in the Commission’s by-laws) to better reflect intent and/or clarify the existing language.

AMENDMENTS TO BY-LAWS REQUIRE SIX AFFIRMATIVE VOTES (4/5THS VOTE) RECOMMENDED ACTION: Approval

12. Amendment to the Schedule for Initiating Sphere of Influence Reviews/Updates –

2018-2022 Work Plan

RECOMMENDED ACTION: Approval

13. Cancellation of the November 21, 2018, Regular Meeting

RECOMMENDED ACTION: Approval

14. Update on LAFCo Legislation

RECOMMENDED ACTION: Receive and File

2

Ventura LAFCo Agenda October 17, 2018

of 4

ACTION ITEMS, CONTINUED

15. Attendance of Alternate Commissioners at Closed Session

Determine whether the alternate commissioners have an essential role to play in theclosed session described in Item 16 and thus may attend the closed session.

RECOMMENDED ACTION: Provide Direction as Appropriate

CLOSED SESSION

16. Pursuant to Government Code Section 54957, the Ventura Local Agency FormationCommission will meet in closed session to consider the following item:Public Employee Performance Evaluation – Title: LAFCo Executive Officer

EXECUTIVE OFFICER’S REPORT The next LAFCo meeting will be held on January 16, 2019 (if the November meeting is canceled under Agenda Item 13).

COMMISSIONERS’ COMMENTS

ADJOURNMENT

3

Ventura LAFCo Agenda October 17, 2018 of 4

WEB ACCESS: LAFCo Agendas, Staff Reports and Adopted Minutes can be found at: www.ventura.lafco.ca.gov

Written Materials – Written materials relating to items on this Agenda that are distributed to the Ventura Local Agency Formation Commission within 72 hours before they are scheduled to be considered will be made available for public inspection at the LAFCo office, 800 S. Victoria Avenue, Administration Building, 4th Floor, Ventura, CA 93009-1850, during normal business hours. Such written materials will also be made available on the Ventura LAFCo website at www.ventura.lafco.ca.gov, subject to staff’s ability to post the documents before the meeting.

Public Presentations – Except for applicants, public presentations may not exceed five (5) minutes unless otherwise increased or decreased by the Chair, with the concurrence of the Commission. Any comments in excess of this limit should be submitted in writing at least 10 days in advance of the meeting date to allow for distribution to, and full consideration by, the Commission. Members of the public who wish to make audio-visual presentations must provide and set up their own hardware and software. Set up of equipment must be complete before the meeting is called to order. All audio-visual presentations must comply with the applicable time limit for oral presentations and thus should be planned with flexibility to adjust to any changes to the time limit established by the Chair. For more information about these policies, please contact the LAFCo office.

Quorum and Voting – The By-Laws for the Ventura LAFCo Commissioner’s Handbook provide as follows: 1.1.6.1 Quorum: Four (4) members shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time. 1.1.6.2 Voting: Unless otherwise provided by law or these By-Laws, four affirmative votes are required to approve any proposal or other action. A tie vote, or any failure to act by at least four (4) affirmative votes, shall constitute a denial.

Americans with Disabilities Act – In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the LAFCo office (805) 654-2576. Notification 48 hours prior to the meeting will enable LAFCo to make reasonable arrangements to ensure accessibility to this meeting.

Disclosure of Campaign Contributions – LAFCo Commissioners are disqualified and are not able to participate in any proceeding involving an "entitlement for use" if, within the 12 months preceding the LAFCo decision, the Commissioner received more than $250 in campaign contributions from the applicant, an agent of the applicant, or any financially interested person who actively supports or opposes the LAFCo decision on the matter. Applicants or agents of applicants who have made campaign contributions totaling more than $250 to any LAFCo Commissioner in the past 12 months are required to disclose that fact for the official record of the proceeding.

Disclosures must include the amount of the contribution and the recipient Commissioner and may be made either in writing to the Clerk of the Commission prior to the hearing or by an oral declaration at the time of the hearing. The foregoing requirements are set forth in the Political Reform Act of 1974, specifically Government Code Section 84308.

4

http://www.ventura.lafco.ca.gov/

http://www.ventura.lafco.ca.gov/


MEETING MINUTES

Wednesday, July 18, 2018 Hall of Administration, Board of Supervisors Hearing Room

800 S. Victoria Avenue, Ventura CA







Executive Officer Analyst Office Manager/Clerk Legal Counsel


Agenda Item 6

1. Call to Order Chair Parks called the meeting to order at 9:00 a.m.

2. Pledge of Allegiance Commissioner Ross led the Pledge of Allegiance.

3. Roll Call The following Commissioners were present: Commissioner Freeman Commissioner Parvin Commissioner Ramirez Commissioner Ross Commissioner Zaragoza Chair Parks Alternate Commissioner Waters

Alternate Commissioner Waters sat as a voting member in the absence of special district member Rooney.

4. Agenda Review There were no changes to the agenda.

5. Public Comments There were no public comments.

CONSENT ITEMS

6. Minutes of the Ventura LAFCo May 16, 2018, Meeting 7. Budget to Actual Reports: May and June 2018 Motion: Approve item 6 and Receive and File Item 7 Moved by Janice Parvin, seconded by Elaine Freeman Vote: Motion carried 7-0

Yes: Elaine Freeman, Janice Parvin, Carmen Ramirez, David J. Ross, Andy Waters, John Zaragoza, and Linda Parks.

5

Ventura LAFCo Minutes July 18, 2018 Page 2 of 7

PUBLIC HEARING ITEMS

8. LAFCo 18-07 & 18-07 S1-S5 City of Oxnard Reorganization and Sphere of Influence Amendments – Ocean View School District

The proposal involves the annexation of an approximately 5.31-acre territory to the City of Oxnard to reflect the City’s existing water and sewer service to the Ocean View Early Education School, which is operated by the Ocean View School District. The proposal area includes the 5-acre school site and the contiguous 0.31-acre segment of Olds Road to the west. The request includes the annexation of the proposal area to the Calleguas Municipal Water District and Oxnard Harbor District, detachment from Oxnard Drainage District No. 2, Ventura County Fire Protection District, Ventura County Resource Conservation District, and Ventura County Service Area Nos. 32 and 33, and corresponding sphere of influence amendments. It is recommended that the Commission: A. Determine that the action to approve the request is exempt under California

Environmental Quality Act Guidelines §§ 15301 and 15319. B. Adopt resolution LAFCo 18-07 S1 making determinations and approving a sphere of

influence amendment for the City of Oxnard. C. Adopt resolution LAFCo 18-07 S2 making determinations and approving a sphere of

influence amendment for the Calleguas Municipal Water District. D. Adopt resolution LAFCo 18-07 S3 making determinations and approving a sphere of

influence amendment for the Oxnard Harbor District. E. Adopt resolution LAFCo 18-07 S4 making determinations and approving a sphere of

influence amendment for Oxnard Drainage District No. 2. F. Adopt resolution LAFCo 18-07 S5 making determinations and approving a sphere of

influence amendment for Ventura County Service Area No. 33. G. Adopt resolution LAFCo 18-07 making determinations and approving a reorganization

for the City of Oxnard. Andrea Ozdy presented the staff report. The Commission held a public hearing. Kenneth Rozell commented. Motion: Approve Moved by Carmen Ramirez, seconded by John Zaragoza Vote: Motion carried 7-0 Yes: Elaine Freeman, Janice Parvin, Carmen Ramirez, David J. Ross, Andy Waters, John Zaragoza, and Linda Parks.

6

Ventura LAFCo Minutes July 18, 2018

Page 3 of 7

PUBLIC HEARING ITEMS, CONTINUED

9. Municipal Service Review for the Blanchard/Santa Paula Library District and LAFCo 18-08S Blanchard/Santa Paula Library District Sphere of Influence Determination A. Regarding the Municipal Service Review for the Blanchard/Santa Paula Library District,

it is recommended that the Commission take the following actions:

1. Accept the Municipal Service Review report prepared for the Blanchard/Santa Paula Library District (with any modifications made by the Commission at the public hearing), authorize the Executive Officer to make any necessary non-substantive changes to the report, and direct staff to prepare and distribute the final Blanchard/Santa Paula Library District Municipal Service Review report to all affected local agencies.

2. Adopt a resolution making findings that acceptance of the Blanchard/Santa Paula Library District Municipal Service Review report is exempt from the California Environmental Quality Act (CEQA) pursuant to § 15061(b)(3) of the CEQA Guidelines, and approving statements of determinations as required under Government Code § 56430.

B. Regarding the determination of the sphere of influence for the Blanchard/Santa Paula Library District, it is recommended that the Commission take the following action: Adopt resolution LAFCo 18-08S making findings that the determination of the Blanchard/Santa Paula Library District sphere of influence is exempt from CEQA pursuant to § 15061(b)(3) of the CEQA Guidelines, determining the sphere of influence subject to Government Code § 56425, and making written statements of its determinations pursuant to Government Code § 56425(e).

Andrea Ozdy presented the staff report. The Commission held a public hearing.

Motion: Approve Moved by Elaine Freeman, seconded by Janice Parvin

Vote: Motion carried 7-0 Yes: Elaine Freeman, Janice Parvin, Carmen Ramirez, David J. Ross, Andy Waters, John Zaragoza, and Linda Parks.

10. Sphere of Influence Review and/or Update for the Fillmore-Piru Memorial District Review the sphere of influence for the Fillmore-Piru Memorial District and determine that no update or municipal service review is necessary.

Kai Luoma presented the staff report. The Commission held a public hearing.

Motion: Approve Moved by Carmen Ramirez, seconded by Elaine Freeman


7


PUBLIC HEARING ITEMS, CONTINUED 11. Review of the LAFCo Conflict of Interest Code

Review the LAFCo Conflict of Interest Code and determine that no changes are necessary; and authorize the Executive Officer to sign the 2018 Local Agency Biennial Notice and transmit to the Clerk of the Board of Supervisors.

Kai Luoma presented the staff report. The Commission held a public hearing. Motion: Approve Moved by John Zaragoza, seconded by Janice Parvin


ACTION ITEMS 12. 2018-2019 CALAFCO Board of Directors Nominations

Authorization for the Chair to submit nominations for the 2018-2019 CALAFCO Board of Directors for the county member and district member seats as approved by the Commission.

Kai Luoma presented the staff report. No action was taken. 13. 2018-2019 CALAFCO Board of Directors Election – Voting Delegates

Approval of the Commission’s designation of a voting delegate and an alternate for the 2018-2019 CALAFCO Board of Directors election.

Motion: Designate Commissioner Ross as the voting delegate. Moved by Linda Parks, seconded by Janice Parvin

Vote: Motion carried 7-0 Yes: Elaine Freeman, Janice Parvin, Carmen Ramirez, David J. Ross, Andy Waters, John Zaragoza, and Linda Parks. Motion: Designate Commissioner Zaragoza as the alternate voting delegate. Moved by Elaine Freeman, seconded by Janice Parvin


8


Page 5 of 7

ACTION ITEMS, CONTINUED 14. 2018 CALAFCO Achievement Award Nominations

Determine whether the Commission wishes to submit nominations for the 2018 CALAFCO Achievement Awards.

Motion: Nominate LAFCo 17-08 annexation of the City of Santa Paula to the Ventura County Fire Protection District as Project of the Year; and nominate Andrea Ozdy as Outstanding LAFCo Professional. Moved by Carmen Ramirez, seconded by Elaine Freeman

Vote: Motion carried 7-0 Yes: Elaine Freeman, Janice Parvin, Carmen Ramirez, David J. Ross, Andy Waters, John Zaragoza, and Linda Parks. 15. Ventura County Grand Jury Final Report – Independent Special Districts

It is recommended that the Commission take one of the following actions: 1. Determine that no response to the Grand Jury report is necessary; 2. Determine that a response to the Grand Jury report is necessary and direct staff as

appropriate; or 3. Provide other direction to staff as appropriate.

Kai presented the staff report. Motion: Return to the next Commission meeting with a draft letter of response for Commission consideration. Moved by John Zaragoza, seconded by Janice Parvin

Vote: Motion carried 7-0 Yes: Elaine Freeman, Janice Parvin, Carmen Ramirez, David J. Ross, Andy Waters, John Zaragoza, and Linda Parks. 16. Update on LAFCO Legislation Motion: Receive and File Moved by Elaine Freeman, seconded by John Zaragoza


9


EXECUTIVE OFFICER’S REPORT Kai Luoma reminded the Commission that the CALAFCO Conference is scheduled for October 3-5; and asked for direction from the Commission regarding the use of the VoteCast component of Granicus. Chair Parks commented that her preference is to use oral motions and votes and to have documents uploaded for viewing on the monitors. The next LAFCo meeting will be held on September 19, 2018. COMMISSIONERS’ COMMENTS Commissioner Freeman encouraged attendance at the CALAFCO conference as it is very informative and provides a broad picture of the LAFCo process. ADJOURNMENT Chair Parks adjourned the meeting at 9:55 a.m.

10


Page 7 of 7

Approved on this 17th day of October 2018. Motion: _____________________________________________________________________

Second: _____________________________________________________________________

Yes: _____________________________________________________________________

_____________________________________________________________________

No: _____________________________________________________________________

Abstain: _____________________________________________________________________

____________________ ________________________________________________________ Date Linda Parks, Chair, Ventura Local Agency Formation Commission

11


STAFF REPORT

Meeting Date: October 17, 2018

(Consent)



Linda Parks, Vice Chair Janice Parvin Elaine Freeman, Chair David J. Ross






Agenda Item 7

TO: LAFCo Commissioners

FROM: Kai Luoma, Executive Officer SUBJECT: Professional Services Agreement for Audit Services – Vavrinek, Trine, Day & Co., LLP

RECOMMENDATION:

Adopt the attached resolution approving a professional services agreement for audit services for fiscal year ended June 30, 2018, with Vavrinek, Trine, Day & Co., LLP for an amount not to exceed $8,500 and authorizing the Chair to execute the agreement.

BACKGROUND:

Commissioner’s Handbook Policy Section 2.3.6.1 (Attachment 1) provides for annual audits of the LAFCo financial statements by an independent accounting firm. Vavrinek, Trine, Day & Co., LLP (VTD) completed audits of the financial statements for Fiscal Years 2010 - 2015. In June 2016, staff issued a request for proposals for an outside audit of the LAFCo financial statements for the fiscal year ended June 30, 2016 with an option for extension for the fiscal years ending June 30, 2017 and June 30, 2018. VTD was the firm that provided the most advantageous proposal with regard to qualifications, related experience and cost. VTD completed the 2016 and 2017 audits under this proposal and staff decided to exercise the option to extend the proposal to cover the audit for 2018. In an engagement letter (Agreement) dated September 18, 2018, VTD proposes to audit the LAFCo 2017-18 financial statements at a cost not to exceed $8,500 (Exhibit A of Attachment 2). Work is scheduled to begin in January and final reports would be issued no later than March 2019. Commissioner’s Handbook Section 2.5.4 provides that any contract or agreement greater than $5,000 shall be presented to the Commission for approval and execution (Attachment 1).

12

Professional Services Agreement with Vavrinek, Trine, Day & Company, LLP October 17, 2018

Page 2 of 2

DISCUSSION:

The Agreement has been reviewed by the Ventura County Auditor-Controller’s staff, which has agreed to prepare the LAFCo financial statements, and by LAFCo legal counsel. In accordance with the Handbook policies, staff is recommending that the Commission adopt the attached resolution (Attachment 2) approving the Agreement and authorizing the Chair to execute it. Attachments:

1. Commissioner’s Handbook Sections 2.3.6.1 – Independent Auditor Role and 2.5.4 – Contract Approval and Execution

2. Resolution to authorize and execute a professional services agreement with Vavrinek, Trine, Day & Company, LLP

13

SECTION 2.3.6 AUDITS 2.3.6.1 Independent Auditor Role: For the two-year period between July 1, 2007 and June 30, 2009, LAFCo shall arrange for a single audit of its financial statements to be conducted by an independent accounting firm. All subsequent year financial statements shall be audited annually thereafter. LAFCo staff, the Commission, and any Commission committee appointed for the purpose of audit oversight are authorized to communicate directly with the independent accounting firm. SECTION 2.5.4 CONTRACT APPROVAL AND EXECUTION LAFCo hereby delegates to the Executive Officer or designee the authority to approve and execute contracts and agreements for $5,000.00 or less, provided sufficient funds are contained in the appropriate line item of the LAFCo budget. In order to expedite work, the Executive Officer is authorized to make minor modifications as may be necessary and to approve increases in contracts in an amount not to exceed $500, provided sufficient funds are contained in the appropriate line item of the LAFCo budget. Any contract or agreement greater than $5,000.00, any amendment to a contract or agreement which would cause the total amount of the contract or agreement to exceed $5,500.00, or any contract or agreement for any amount where there are not sufficient funds contained in the appropriate line item of the LAFCo budget, shall be presented to the Commission for approval and execution.

14

122017

7.1

RESOLUTION OF THE VENTURA LOCAL AGENCY FORMATION COMMISSION TO AUTHORIZE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES FOR FISCAL YEAR ENDED JUNE 30, 2018 WITH VAVRINEK, TRINE, DAY & CO., LLP

WHEREAS, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000

(Section 56000 et seq. of the California Government Code) requires each Local Agency

Formation Commission to adopt an annual budget; and

WHEREAS, the policies of the Ventura Local Agency Formation Commission provide for

independent audits of its annual financial statements; and

WHEREAS, the policies of the Ventura Local Agency Formation Commission

provide that any contract or agreement authorizing expenditures greater than $5,000 shall be

presented to the Commission for approval and execution; and

WHEREAS, an engagement letter containing the terms of a professional services

agreement to audit the LAFCo financial statements for fiscal year ended June 30, 2018,

between Vavrinek, Trine, Day & Co., LLP and the Ventura Local Agency Formation Commission

dated September 18, 2018, was duly considered.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Ventura Local

Agency Formation Commission as follows: (1) The engagement letter containing the terms of a professional services agreement for

audit services between Vavrinek, Trine, Day & Co., LLP and the Ventura Local Agency

Formation Commission (“Agreement”), dated September 18, 2018, as set forth in the

attached Exhibit A is approved.

(2) The Chair is directed to execute the Agreement.

15

122017

7.2

Professional Services Agreement for Audit Services – Vavrinek, Trine, Day & Co., LLP Resolution of Approval October 17, 2018 Page 2 of 2

This resolution was adopted on October 17, 2018.

AYE NO ABSTAIN ABSENT

Commissioner Freeman

Commissioner Parks

Commissioner Parvin

Commissioner Ramirez

Commissioner Rooney

Commissioner Ross

Commissioner Zaragoza

Alt. Commissioner Bennett

Alt. Commissioner Bill-de la Peña

Alt. Commissioner Richards

Alt. Commissioner Waters

Dated: ________________ _____________________________________________________ Chair, Ventura Local Agency Formation Commission Attachment: Exhibit A – Professional Services Agreement for Audit Services – Vavrinek, Trine, Day & Co., LLP

16

10681 Foothill Blvd., Suite 300, Rancho Cucamonga, CA 91730 P 909.466.4410 F 909.466.4431 W vtdcpa.com

September 18, 2018

Ventura Local Agency Formation Commission 800 S. Victoria Avenue Ventura, CA 93009-1850

We are pleased to confirm our understanding of the services we are to provide Ventura Local Agency Formation Commission (LAFCo) for the fiscal year ended June 30, 2018. We will audit the financial statements of the governmental activities and the general fund, including the related notes to the financial statements, which collectively comprise the basic financial statements of LAFCo as of and for the fiscal year ended June 30, 2018. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement LAFCo’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to LAFCo’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:

1) Management’s Discussion and Analysis2) General Fund Budgetary Comparison Schedules

Audit Objectives

The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of LAFCo and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of LAFCo’s financial statements. Our report will be addressed to the Commissioners of Ventura LAFCo. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement.

17

122017

7.2.a

Ventura Local Agency Formation Commission 2018 Engagement Letter September 18, 2018 Page 2 of 5

We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards inconsidering the entity’s internal control and compliance. The paragraph will also state that the report is not suitablefor any other purpose. If during our audit we become aware that LAFCo is subject to an audit requirement that isnot encompassed in the terms of this engagement, we will communicate to management and those charged withgovernance that an audit in accordance with U.S. generally accepted auditing standards and the standards forfinancial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, orcontractual requirements.

Audit Procedures—General

An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards.

18


Audit Procedures—Internal Control

Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under American Institute of Certified Public Accountants (AICPA) professional standards and Government Auditing Standards.

Audit Procedures—Compliance

As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of LAFCo’s compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

Management Responsibilities

Management is responsible for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements.

Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence.

Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole.

19


You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report.

Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information.

Engagement Administration, Fees, and Other

We may from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers.

We understand that LAFCo will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.

We will provide copies of our reports to LAFCo; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.

The audit documentation for this engagement is the property of Vavrinek, Trine, Day & Co., LLP (VTD) and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of VTD personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

20


The audit documentation for this engagement will be retained for a minimum of seven years after the report release date or for any additional period requested by the oversight agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the parties contesting the audit finding for guidance prior to destroying the audit documentation.

We expect to begin our audit on approximately January 2019 and to issue our reports no later than March 2019. Kinnaly Soukhaseum is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.

Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $8,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination, subject to the aforementioned not-to-exceed amount. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.

Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comments received during the period of contract. Our most recent peer review accompanies this letter.

Vavrinek, Trine, Day & Co., LLP has owners that are not licensed as certified public accountants as permitted under Section 5079 of the California Business and Professions Code. It is not anticipated that any of the non-licensee owners will be performing audit services for LAFCo.

We appreciate the opportunity to be of service to LAFCo and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Very truly yours,

Kinnaly Soukhaseum, Partner Of Vavrinek, Trine, Day & Co., LLP

KS:gbl 180811

RESPONSE:

This letter correctly sets forth the understanding of Ventura Local Agency Formation Commission.

By:

Title:

Date:

21

9250 EAST COSTILLA AVENUE, SUITE 450GREENWOOD VILLAGE, COLORADO 80112303 792 3020 (O) | 303 792 5153 (F)WWW.WCRCPA.COM

Firm’s Responsibility

Peer Reviewer’s Responsibility

22

2

Required Selections and Considerations

Government Auditing Standards, ;

Opinion

pass pass with deficiency(ies) fail.pass

w

23


STAFF REPORT


(Consent)









Agenda Item 8


FROM: Kai Luoma, Executive Officer

SUBJECT: LAFCo 2019 Meeting Calendar

RECOMMENDATION:

Approve the 2019 calendar for meetings of Ventura LAFCo.

DISCUSSION:

Attached is a recommended meeting calendar for Ventura LAFCo for 2019. Adoption is recommended for scheduling and public information purposes. The calendar is consistent with the Commission’s by-laws, including scheduling regular meetings on the third Wednesday of the month except for June when the meeting is scheduled for the second Wednesday to accommodate adoption of the budget before June 15 pursuant to Government Code Section 56381(a). The Commission’s by-laws also state that there are no regular meetings scheduled for August and December.

No action canceling any meeting or setting any special meetings is proposed at this time. Any scheduled meeting may be cancelled by majority vote of the Commission or by the Commission Chair with the consent of the Vice Chair, if it is determined that there is insufficient business to justify the scheduled meeting. A meeting should not be cancelled less than 72 hours prior to its schedule date. Upon cancellation the Executive Officer shall give public notice of the meeting cancellation in accordance with provisions of the Government Code.

If approved, this 2019 meeting calendar will be posted on the Ventura LAFCo website and otherwise made publicly available.

Attachment: 1. 2019 LAFCo Meeting Calendar

24

January February March

Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa

1 2 3 4 5 1 2 1 2

6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9

13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16

20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23

27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30

31

April May June


1 2 3 4 5 6 1 2 3 4 1

7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8

14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15

21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22

28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29

30

July August September


1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7

7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14

14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21

21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28

28 29 30 31 25 26 27 28 29 30 31 29 30

October November December


1 2 3 4 5 1 2 1 2 3 4 5 6 7

6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14

13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21

20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28

27 28 29 30 31 24 25 26 27 28 29 30 29 30 31

2019 LAFCo Regular Meeting Schedule


25

122017

8.1


STAFF REPORT


(Consent)









Agenda Item 9

TO: LAFCo Commissioners FROM: Kai Luoma, Executive Officer SUBJECT: Budget to Actual Reports – July and August 2018

RECOMMENDATION: Receive and file the Budget to Actual Reports for July and August of the 2018-19 fiscal year. DISCUSSION: Pursuant to the Commissioner’s Handbook policies, the Executive Officer is to provide monthly budget reports to the Commission as soon as they are available. The attached reports have been prepared with the assistance of the County Auditor-Controller staff. No adjustments to the budget are being recommended at this time. Attachments:

1. Budget to Actual Report, July 2018 2. Budget to Actual Report, August 2018 3. Expenditures Descriptions

26

Summary Budget Adj.Budget To Date

Estimated Sources 766,096 766,096 590,573

Appropriations 766,096 768,208 30,371

Total Variance

Account Proposed Adjusted Revenue/ Favorable

Number Title Budget Adjustments Budget Actual Encumbered Obligation (Unfavorable)

FUND BALANCE

Beginning Balance 634,184 634,184 634,184.01 634,184.01 0.00

5700 Committed 100,000 100,000 100,000.00 100,000.00 0.00

5995 Unassigned 419,184 419,184 419,184.01 419,184.01 0.00

5995 Unassigned - Appropriated 115,000 115,000 115,000.00 115,000.00 0.00

REVENUE

8911 Investment Income 8,500 8,500 (3,059.01) (3,059.01) (11,559.01) -36%

9371 Other Governmental Agencies 622,596 622,596 478,632.00 478,632.00 (143,964.00) 77%

9790 Miscellaneous Revenue 20,000 20,000 0.00 0.00 (20,000.00) 0%

Total Revenue 651,096 0 651,096 475,572.99 475,572.99 (175,523.01) 73%

TOTAL SOURCES 766,096 0 766,096 590,572.99 590,572.99 (175,523.01) 77%

EXPENDITURES

1101 Regular Salaries 368,500 368,500 13,864.65 13,864.65 354,635.35 4%

1106 Supplemental Payments 15,000 15,000 551.78 551.78 14,448.22 4%

1107 Terminations (Buydowns) 9,500 9,500 0.00 0.00 9,500.00 0%

1121 Retirement Contribution 80,500 80,500 2,606.34 2,606.34 77,893.66 3%

1122 OASDI Contribution 20,500 20,500 899.68 899.68 19,600.32 4%

1123 FICA Medicare 6,000 6,000 210.39 210.39 5,789.61 4%

1128 Retiree Health Payment 1099 0 0 0.00 0.00 0.00

1141 Group Insurance 31,000 31,000 1,191.00 1,191.00 29,809.00 4%

1142 Life Insurance for Department Heads and Management 150 150 4.65 4.65 145.35 3%

1143 State Umeployment Insurance 300 300 8.37 8.37 291.63 3%

1144 Management Disability Insurance 3,000 3,000 92.92 92.92 2,907.08 3%

1165 Worker Compensation Insurance 2,750 2,750 103.04 103.04 2,646.96 4%

1171 401K Plan 11,500 11,500 449.74 449.74 11,050.26 4%

Salaries and Benefits 548,700 0 548,700 19,982.56 0.00 19,982.56 528,717.44 4%

2032 Voice Data ISF 3,000 3,000 0.00 0.00 3,000.00 0%

2071 General Insurance Allocation ISF 1,800 1,800 0.00 0.00 1,800.00 0%

2114 Facillities and Materials Sq. Ft. Allocation ISF 16,400 16,400 0.00 0.00 16,400.00 0%

2115 Facilities Projects ISF 0 0 0.00 0.00 0.00 0%

2116 Other Maintenance ISF 500 500 0.00 0.00 500.00 0%

2131 Memberships and Dues 8,100 8,100 7,257.00 7,257.00 843.00 90%

2158 Cost Allocation Plan Charges 12,000 12,000 0.00 0.00 12,000.00 0%

2163 Books and Publications 500 500 342.29 342.29 157.71 68%

2164 Mail Center ISF 2,500 2,500 0.00 0.00 2,500.00 0%

2165 Purchasing Charges ISF 100 100 0.00 0.00 100.00 0%

2166 Graphics Charges ISF 500 500 0.00 0.00 500.00 0%

2167 Copy Machine Charges ISF 2,000 2,000 0.00 0.00 2,000.00 0%

2168 Stores ISF 50 50 0.00 0.00 50.00 0%

2179 Miscellaneous Office Expenses 4,500 4,500 0.00 0.00 4,500.00 0%

2181 Board and Commission Member Compensation 1099 5,000 5,000 0.00 0.00 5,000.00 0%

2185 Attorney Services (County Counsel) 20,000 20,000 0.00 0.00 20,000.00 0%

2199 Other Professional and Specialized Non ISF 14,500 14,500 0.00 0.00 14,500.00 0%

2202 Information Tech ISF 2,000 2,000 0.00 0.00 2,000.00 0%

2203 County Geographical Information Systems Expense ISF 14,000 14,000 0.00 0.00 14,000.00 0%

2205 Public Works ISF Charges 3,000 3,000 0.00 0.00 3,000.00 0%

2206 Special Services ISF 100 100 0.00 0.00 100.00 0%

2221 Publications and Legal Notices 3,000 3,000 102.00 102.00 2,898.00 3%

2244 Storage Charges ISF 500 500 0.00 0.00 500.00 0%

2261 Computer Equipment < $5,000 2,000 2,112 4,112 0.00 2,111.79 2,111.79 2,000.21 51%

2262 Furniture and Fixtures < $5,000 500 500 0.00 0.00 500.00 0%

2272 Conferences / Seminars ISF (Training ISF) 500 500 0.00 0.00 500.00 0%

2273 Education Training Conferences and Seminars 500 500 0.00 0.00 500.00 0%

2291 Private Vehicle Mileage 9,000 9,000 575.00 575.00 8,425.00 6%

2292 Travel Expenses (Conferences / Seminars) 20,600 20,600 0.00 0.00 20,600.00 0%

2303 Motorpool ISF 600 600 0.00 0.00 600.00 0%

Services and Supplies 147,750 2,112 149,862 8,276.29 2,111.79 10,388.08 139,473.92 7%

6101 Contingency 69,646 69,646 0.00 0.00 69,646.00 0%

TOTAL EXPENDITURES 766,096 2,112 768,208 28,258.85 2,111.79 30,370.64 737,837.36 4%

0.00

Note: Amounts with "( )" in the ACTUAL column reflect FY18 accruals in excess of actual expenditures/revenues to date

BUDGET TO ACTUAL FY 2018-19

YEAR TO DATE ENDING JULY 31, 2018 (8.33% of year)

Fund O720, Division/Unit 6170

BUDGET ACTUAL YTD

0%

27

122017

9.1

Summary Budget Adj.Budget To Date

Estimated Sources 766,096 766,096 715,194

Appropriations 766,096 768,208 107,042

Total Variance

Account Proposed Adjusted Revenue/ Favorable

Number Title Budget Adjustments Budget Actual Encumbered Obligation (Unfavorable)

FUND BALANCE

Beginning Balance 634,184 634,184 634,184.01 634,184.01 0.00

5700 Committed 100,000 100,000 100,000.00 100,000.00 0.00

5995 Unassigned 419,184 419,184 419,184.01 419,184.01 0.00

5995 Unassigned - Appropriated 115,000 115,000 115,000.00 115,000.00 0.00

REVENUE

8911 Investment Income 8,500 8,500 (3,059.01) (3,059.01) (11,559.01) -36%

9371 Other Governmental Agencies 622,596 622,596 602,699.00 602,699.00 (19,897.00) 97%

9790 Miscellaneous Revenue 20,000 20,000 553.75 553.75 (19,446.25) 3%

Total Revenue 651,096 0 651,096 600,193.74 600,193.74 (50,902.26) 92%

TOTAL SOURCES 766,096 0 766,096 715,193.74 715,193.74 (50,902.26) 93%

EXPENDITURES

1101 Regular Salaries 368,500 368,500 55,950.21 55,950.21 312,549.79 15%

1106 Supplemental Payments 15,000 15,000 2,217.54 2,217.54 12,782.46 15%

1107 Terminations (Buydowns) 9,500 9,500 0.00 0.00 9,500.00 0%

1121 Retirement Contribution 80,500 80,500 10,313.35 10,313.35 70,186.65 13%

1122 OASDI Contribution 20,500 20,500 3,507.51 3,507.51 16,992.49 17%

1123 FICA Medicare 6,000 6,000 834.03 834.03 5,165.97 14%

1128 Retiree Health Payment 1099 0 0 0.00 0.00 0.00 0%

1141 Group Insurance 31,000 31,000 4,764.00 4,764.00 26,236.00 15%

1142 Life Insurance for Department Heads and Management 150 150 18.60 18.60 131.40 12%

1143 State Umeployment Insurance 300 300 38.07 38.07 261.93 13%

1144 Management Disability Insurance 3,000 3,000 375.33 375.33 2,624.67 13%

1165 Worker Compensation Insurance 2,750 2,750 396.32 396.32 2,353.68 14%

1171 401K Plan 11,500 11,500 1,779.52 1,779.52 9,720.48 15%

Salaries and Benefits 548,700 0 548,700 80,194.48 0.00 80,194.48 468,505.52 15%

2032 Voice Data ISF 3,000 3,000 317.94 317.94 2,682.06 11%

2071 General Insurance Allocation ISF 1,800 1,800 0.00 0.00 1,800.00 0%

2114 Facillities and Materials Sq. Ft. Allocation ISF 16,400 16,400 2,734.00 2,734.00 13,666.00 17%

2115 Facilities Projects ISF 0 0 0.00 0.00 0.00 0%

2116 Other Maintenance ISF 500 500 0.00 0.00 500.00 0%

2131 Memberships and Dues 8,100 8,100 7,257.00 7,257.00 843.00 90%

2158 Cost Allocation Plan Charges 12,000 12,000 0.00 0.00 12,000.00 0%

2163 Books and Publications 500 500 342.29 342.29 157.71 68%

2164 Mail Center ISF 2,500 2,500 117.77 117.77 2,382.23 5%

2165 Purchasing Charges ISF 100 100 11.56 11.56 88.44 12%

2166 Graphics Charges ISF 500 500 0.00 0.00 500.00 0%

2167 Copy Machine Charges ISF 2,000 2,000 0.00 0.00 2,000.00 0%

2168 Stores ISF 50 50 0.00 0.00 50.00 0%

2179 Miscellaneous Office Expenses 4,500 4,500 100.32 100.32 4,399.68 2%

2181 Board and Commission Member Compensation 1099 5,000 5,000 300.00 300.00 4,700.00 6%

2185 Attorney Services (County Counsel) 20,000 20,000 1,526.00 1,526.00 18,474.00 8%

2199 Other Professional and Specialized Non ISF 14,500 14,500 0.00 0.00 14,500.00 0%

2202 Information Tech ISF 2,000 2,000 152.10 152.10 1,847.90 8%

2203 County Geographical Information Systems Expense ISF 14,000 14,000 1,944.74 1,944.74 12,055.26 14%

2205 Public Works ISF Charges 3,000 3,000 0.00 0.00 3,000.00 0%

2206 Special Services ISF 100 100 0.00 0.00 100.00 0%

2221 Publications and Legal Notices 3,000 3,000 104.00 104.00 2,896.00 3%

2244 Storage Charges ISF 500 500 0.00 0.00 500.00 0%

2261 Computer Equipment < $5,000 2,000 2,112 4,112 0.00 4,429.63 4,429.63 (317.63) 108%

2262 Furniture and Fixtures < $5,000 500 500 0.00 0.00 500.00 0%

2272 Conferences / Seminars ISF (Training ISF) 500 500 0.00 0.00 500.00 0%

2273 Education Training Conferences and Seminars 500 500 0.00 0.00 500.00 0%

2291 Private Vehicle Mileage 9,000 9,000 1,307.73 1,307.73 7,692.27 15%

2292 Travel Expenses (Conferences / Seminars) 20,600 20,600 6,202.50 6,202.50 14,397.50 30%

2303 Motorpool ISF 600 600 0.00 0.00 600.00 0%

Services and Supplies 147,750 2,112 149,862 22,417.95 4,429.63 26,847.58 123,014.42 18%

6101 Contingency 69,646 69,646 0.00 0.00 69,646.00 0%

TOTAL EXPENDITURES 766,096 2,112 768,208 102,612.43 4,429.63 107,042.06 661,165.94 14%

0.00

Note: Amounts with "( )" in the ACTUAL column reflect FY18 accruals in excess of actual expenditures/revenues to date

BUDGET TO ACTUAL FY 2018-19

YEAR TO DATE ENDING AUGUST 31, 2018 (16.67% of year)

Fund O720, Division/Unit 6170

BUDGET ACTUAL YTD

28

122017

9.2

Account

Code

Services and Supplies Explanation of Services

2032 Voice/Data ISF Telephone / FAX services, voice and data network access.

2071 General Insurance Allocation ISF Liability and general insurance.

2114 Facilities and Materials SQ FT Allocation ISF Custiodial services, facility maintenance, utilities, and special services,

including security (based on square footage).

2115/

2116

Facilities Projects ISF / Other Maintenance Management of facility projects & repairs: heating/air conditioning,

lighting, plumbing, roofing, flooring, painting, etc.

2131 Memberships and Dues CALAFCO and American Planning Association.

2158 Cost Allocation Plan Charges Building use, equipment/software use, general County services:

payroll, financial, business technology, County Counsel, and human

resources.

2163 Books and Publications Newspaper subscription, miscellaneous publications (CEQA,

planning/land use, etc.)

2164 Mail Center ISF Incoming and outgoing U.S. mail and internal brown mail.

2165 Purchasing Charges ISF Procurement services for processing purchase orders, verifying

licenses and insurance coverage, and procurement credit card.

2166 Graphics Charges ISF Printing services for large volume print jobs.

2167 Copy Machine Chgs ISF Metered copies for printing large volume print jobs.

2168 Stores ISF Warehousing and distribution services of surplus inventory.

2179 Miscellaneous Office Expenses Miscellaneous office supplies.

2181 Board and Commission Member Compensation Commission stipend payments.

2185 Attorney Services (County Counsel) County Counsel charges.

2199 Other Professional and Specialized Non ISF

(VTD Auditors and County Accounting Services)

Independent auditor and County auditing services.

2202 Information Tech ISF MS Office licensing, email, network storage, and IT support.

2203 County Geographical Information Systems (GIS)

Expense ISF

GIS Allocation, GIS services: map preparation & printing, and website

hosting.

2205 Public Works ISF Charges Surveyor updates to LAFCo maps, public inquiries charged to LAFCo.

2206 Special Services ISF Security guard, permit parking, conference room reservations, audio-

visual equipment requests, I.D. badges, etc.

2221 Publications and Legal Notices Public hearing notices published in newspaper.

2244 Storage Charges ISF Off-site record storage and retrieval (hard copies).

2261 Computer Equipment < $5,000 Computer equipment under $5,000.

2262 Furniture and Fixtures < $5,000 Furniture and fixtures under $5,000.

2272 Conferences/Seminars ISF (Training ISF) County-offered training classes.

2273 Education Conference and Seminars Tuition and textbook reimbursement.

2291 Private Vehicle Mileage Mileage reimbursement and auto allowance.

2292 Travel Expense (Conferences / Seminars) Expenses for CALAFCO conferences and workshops.

2303 Motorpool ISF Use of County vehicle for official business.

EXPENDITURES

29

122017

9.3

VVEENNTTUURRAA LLOOCCAALL AAGGEENNCCYY FFOORRMMAATTIIOONN CCOOMMMMIISSSSIIOONN STAFF REPORT




Linda Parks, Chair Janice Parvin Elaine Freeman David J. Ross, Vice-Chair




Executive Officer: Deputy Executive Officer Office Manager/Clerk Legal Counsel


Agenda Item 10


FROM: Kai Luoma, Executive Officer SUBJECT: Ventura County Grand Jury Final Report – Independent Special Districts

RECOMMENDATION:

1. Authorize the Chair to sign the written response to the Ventura County Grand Jury

(Attachment 1). 2. Provide other direction as appropriate.

BACKGROUND: In May 2018, the Ventura County Grand Jury released a report titled “Independent Special Districts” (available on the LAFCo website here). The report is the result of an investigation by the Grand Jury into the transparency and public accountability of the independent special districts in the County. The report concludes that a district lacks transparency and accountability when it does not:

• Hold competitive elections

• Have publicly available reserve policies and practices

• Articulate the need for and the size of its reserves by adopting specific policies

• Maintain a website The report makes four recommendations for independent special districts to address these items. These recommendations, summarized below, provide that districts should:

30

http://www.ventura.lafco.ca.gov/wp-content/uploads/Grand-Jury-Report-Independent-Special-Districts-April-2018-on-website.pdf

Staff Report Grand Jury Final Report – Independent Special Districts October 17, 2018 Page 2 of 2

• Provide public outreach regarding opportunities to serve on boards and better publicize elections.

• Discontinue the practice of appointing new board members a few months prior to a public election.

• Have published policies for reserve funds, including the size and purpose of the reserves and how they are invested.

• Maintain a website that includes general information on the district, as specified in the report, including the most recent municipal service review prepared by LAFCo and a link to the LAFCo website.

The Grand Jury also requested, but did not require, that LAFCo provide a response to each of the four conclusions and each of the four recommendations. DISCUSSION: At the July LAFCo meeting, the Commission discussed the report and directed staff to prepare a draft written response for consideration by the Commission. The Commission’s consensus was that the response should be supportive of the Grand Jury’s conclusions/recommendations, but general in nature, as much of the report deals with topics outside LAFCo’s direct authority. Attachment:

1. Written response to Grand Jury Final Report – Independent Special Districts

31

VENTURA LOCAL AGENCY FORMATION COMMISSION COUNTY GOVERNMENT CENTER ⚫ HALL OF ADMINISTRATION

800 S. VICTORIA AVENUE, L #1850 ⚫ VENTURA, CA 93009

TEL (805) 654-2576 ⚫ FAX (805) 477-7101

WWW.VENTURA.LAFCO.CA.GOV

October 17, 2018 Kathleen Diamond, Foreperson Ventura County Grand Jury 646 County Square Drive Ventura, CA 93003 Subject: Ventura County Grand Jury 2017-2018 - Final Report – Independent Special Districts Dear Foreperson Diamond: In May 2018, the Ventura County Grand Jury released a report titled “Independent Special Districts.” The report is the result of an investigation by the Grand Jury into the transparency and public accountability of the independent special districts in the County. The Grand Jury requested that Ventura LAFCo submit a response to the report’s four conclusions and four recommendations. Grand Jury Report Conclusions The report concludes that a district lacks transparency and accountability when it does not:

• Hold competitive elections

• Have publicly available reserve policies and practices

• Articulate the need for and the size of its reserves by adopting specific policies

• Maintain a website Ventura LAFCo generally agrees with the Grand Jury’s conclusions that transparency and accountability are furthered when special districts hold competitive elections, have adopted reserve policies, and maintain websites. Grand Jury Report Recommendations The report makes four recommendations for independent special districts to address the aforementioned conclusions. These recommendations, summarized below, provide that districts should:

• Provide public outreach regarding opportunities to serve on boards and better publicize elections.

32

122017

10.1

Foreperson Diamond October 17, 2018 Page 2

• Discontinue the practice of appointing new board members a few months prior to a public election.

• Have published policies for reserve funds, including the size and purpose of the reserves and how they are invested.

• Maintain a website that includes general information on the district, as specified in the report, including the most recent municipal service review prepared by LAFCo and a link to the LAFCo website.

Though Ventura LAFCo does not possess the authority to require that special districts implement any of the Grand Jury’s recommendations, it does make determinations regarding the transparency and accountability of special districts as part of the municipal service review (MSR) process. LAFCo is required to periodically conduct MSRs for all special districts under its authority. MSRs are comprehensive reviews of each district’s ability and capacity to provide services and are used to inform LAFCo when it considers expanding or modifying a district’s sphere of influence (LAFCo establishes spheres of influence to denote the probable future boundaries and service area of a district). In accepting a MSR, LAFCo must make various written determinations about each district. One of these determinations pertains to a district’s “accountability for community service needs, including governmental structure and operational efficiencies.” Thus, the actions that districts have, or have not, taken to promote accountability are often discussed in MSRs and reflected in the Commission’s determinations, which are a factor in establishing a sphere of influence. Therefore, LAFCo generally agrees with the recommendations of the Grand Jury and encourages special districts to implement the four recommendations, to the extent possible, if they haven’t already done so. Acknowledgment of the Grand Jury LAFCo appreciates the Grand Jury’s efforts to produce an informative and thorough report intended to result in improvements in the accountability and transparency of Ventura County’s independent special districts. Sincerely, Linda Parks, Chair Ventura LAFCo

33


STAFF REPORT Meeting Date: October 17, 2018









Agenda Item 11

TO: LAFCo Commissioners FROM: Andrea Ozdy, Deputy Executive Officer SUBJECT: Amendments to Ventura LAFCo Commissioner’s Handbook to Address:

(1) Legislative Process Participation (2) Out-of-Agency Service Agreement Definitions (3) Miscellaneous Policy Clarifications and Refinements

Recommendation: Adopt a resolution (Attachment 1) to amend the Ventura LAFCo Commissioner’s Handbook (Handbook) to: (1) add a policy regarding legislative process participation, (2) add definitions pertaining to out-of-agency service agreements, and (3) modify language of several other sections (two of which are contained in the Commission’s by-laws) to better reflect intent and/or clarify the existing language (approval of amendments to the by-laws (Handbook Sections 1.1.3.2 and 1.1.3.4) requires the affirmative vote of six members (four fifths) of the Commission, pursuant to Handbook Section 1.1.8.2). Background: LAFCo periodically amends its policies to address a specific issue and/or make general improvements to the Commission’s policies, in response to a need identified by either the Commission or LAFCo staff. Staff initiated the proposed policy amendments that are described in this staff report. Discussion: The proposed policy amendments, shown in “redlined” format (i.e., new text in underline and deleted text in strikethrough), and an explanation of each are provided as follows.

34

Commissioner’s Handbook Amendments October 17, 2018 Page 2 of 9

1. DIVISION 1 – OPERATIONAL RULES & REGULATIONS CHAPTER 1 – BY-LAWS SECTION 1.1.3 – MEMBERS

1.1.3.2 Term of Office: The term of office for each member shall be as set forth in the CKH Act., except that for any member appointed after January 1, 2002 t The expiration date of the term of office shall be January 1 in the year in which the term of the member expires. For any member appointed prior to January 1, 2002, the term of office for that member shall be extended from the first Monday in May in the year that member’s current term expires to January 1 of the following year.

Explanation: All current Commissioners are serving terms that began after January 1, 2002. The policy is updated to remove obsolete provisions and to eliminate potential confusion as to expiration dates of member terms.

2. DIVISION 1 – OPERATIONAL RULES & REGULATIONS

CHAPTER 1 – BY-LAWS SECTION 1.1.3 – MEMBERS

1.1.3.4 Alternate Members: Alternate members may participate fully in all meetings; , except they are eligible to however, they may: (1) make motions, and vote or to attend closed session meetings only in the absence of the regular member for which they are an alternate, and (2) attend closed session meetings only when the Commission determines that they have an official or essential role to play in closed session.

Explanation: According to the State Attorney General, LAFCo alternate commissioners may not attend closed sessions of the Commission unless they are (1) serving in place of a regular member, or (2) they would have an official or essential role to play in the closed session. On the advice of LAFCo Legal Counsel, the Commission must take formal action to determine if alternate commissioners have an “essential role to play” during closed session. This policy revision reflects that practice.

3. DIVISION 1 – OPERATIONAL RULES & REGULATIONS CHAPTER 3 – COMMISSION PROTOCOLS SECTION 1.3.3 – ORDER OF BUSINESS

1.3.3.1 General Order: The business of the Ventura LAFCo at its meetings will be conducted in accordance with the following order of business unless otherwise specified. A closed session may be held at any time during a meeting consistent with applicable law. The Executive Officer or any member of the Commission may request that the order of business be changed to accommodate a special circumstance.

• Call to Order.

• Pledge of Allegiance.

• Roll Call.

• Agenda Review.

35

Commissioner’s Handbook Amendments

October 17, 2018 Page 3 of 9

• Presentations and Announcements.1

• Public Comment.

• Minutes.

• Public Comment.

• Consent Items.

• Public Hearing Items.

• Action Items.

• Correspondence Received.

• Executive Officer’s Report.

• Commissioners’s Comments.

• Adjournment.

Explanation: For several years, the Commission’s agenda has included an agenda review item and the Commission has heard public comment in advance of its consideration of meeting minutes. The update to the policy reflects the Commission’s past practice, provides a formal opportunity for the Commission to alter the order of business at each meeting and/or make minor revisions to the meeting agenda or contents, and allows the Commission to consider its minutes together with any other consent items.


CHAPTER 3 – COMMISSION PROTOCOLS SECTION 1.3.3 – ORDER OF BUSINESS

1.3.3.4 Consent Items: Consent items are expected to be routine and noncontroversial. Consent items will be approved by one motion action if no member of the Commission desires to comment, discuss or ask questions about any of the items. Any member of the Commission or staff can remove an item from being considered as a consent item. Members of the public may comment on consent items prior to the Commission’s consideration of the Consent Items section of the agenda. A Commissioner may vote "no" on any consent item without comment or discussion. Any comments, discussion or questions on a consent item will require the pulling of the item from the Consent Items section of the agenda.

Explanation: Approval of an agenda item by the Commission requires that the Commission take action. The proposed amendment clarifies that it is the action, not the motion on its own, that allows the Commission to approve consent items.

1 It should be noted that “Presentations and Announcements” is included on the meeting agenda only when special presentations and/or announcements to the Commission have been arranged.

36


5. DIVISION 1 – OPERATIONAL RULES & REGULATIONS CHAPTER 3 – COMMISSION PROTOCOLS SECTION 1.3.5 – PUBLIC HEARINGS

1.3.5.1 General Procedure: The Commission procedure for the conduct of public hearings is generally as follows: a. The Chair opens the public hearing.

b. LAFCo staff presents its report.

c. Commission members and alternates may ask questions of staff if they so desire.

d. The applicant or applicant representative then has the opportunity to present comments, testimony, or arguments.

e. Members of the public are provided with the opportunity to present their comments, testimony or argument.

f. The applicant or applicant representative is given an opportunity for rebuttal or concluding comments.

g. LAFCo staff is given an opportunity for concluding comments.

h. The public hearing is closed.

i. The Commission deliberates on the issue. j. If the Commission raises new issues through deliberation and seeks to take additional

public testimony (questions of the public, applicant or appellant), the Ppublic Hhearing must be reopened. At the conclusion of the public testimony, the Ppublic Hhearing is again closed.

k. The Commission deliberates and takes action. l. The Chair announces the final decision of the Commission.

Explanation: The change clarifies the generic use of the “public hearing” term, as opposed to the category of Commission meeting agenda items, and is consistent with other references to “public hearing” within the same policy and throughout the Commissioner’s Handbook.

6. DIVISION 1 – OPERATIONAL RULES & REGULATIONS CHAPTER 3 – COMMISSION PROTOCOLS SECTION 1.3.5 – PUBLIC HEARINGS

1.3.5.4 Public Discussion at Hearings: a. When a matter for public hearing comes before the Commission, the Chair will open the

public hearing. Upon opening the public hearing and before any motion is adopted made related to the merits of the issue to be heard, the Chair shall call for presentation of the staff report. Following any staff presentation and Commissioner questions, the Chair shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter.

Explanation: The intent of this policy is for the Commission to consider information provided by LAFCo staff and members of the public prior to taking action on an item. The revised language clarifies that motions are made rather than adopted.

37




CHAPTER 3 – COMMISSION PROTOCOLS SECTION 1.3.6 – ADDRESSING THE COMMISSION

1.3.6.2 Public Comment Communications: a. In compliance with the Ralph M. Brown Act, Public Comment Communications is that

portion of Commission meetings set aside for members of the public to address the Commission on items of any Ventura LAFCo business other than scheduled agenda items.

b. Speaker Cards - Persons wishing to speak during under Public Comment Communications should submit a speaker card to the Clerk of the Commission in a timely fashion.

c. Ventura LAFCo Business – Comments provided Presentations during under Public Comment Communications are limited to items within the subject matter jurisdiction of the Ventura LAFCo and are limited to no more than five minutes.

d. Commission Deliberations Prohibited - In compliance with the Brown Act, the Commission may not deliberate or vote on any matter raised in Public Comments. The Chair, however, may request the Executive Officer to provide brief additional information on a matter of general interest to the full Commission or the public at large.

Explanation: The changes reflect the terminology used by the Commission in Section 1.3.3.1 (General Order) and otherwise refine the policy language.



1.3.6.4 Audio/Visual -Video Presentations: Members of the public may make audio-/visual presentations (e.g. audio, slide or MS PowerPoint presentations) to the Commission, but must provide their own equipment hardware and software (tape players, speakers, slide projectors, electrical connections, computers, etc.). The Commission and its staff are not responsible for providing any special connections or set-up of any kind, or in assisting in the delivery of any audio-/visual presentation in any way. Those wishing to make audio/visual -video presentations are solely responsible for the set-up and functioning of their presentation. In some cases, however, existing on-site equipment may be available for members of the public to use in making presentations, if arrangements are made with LAFCo staff in advance. All audio-/visual presentations must comply with applicable time limits for oral presentations and cumulative time limits. Presentations should be planned with flexibility to adjust to any changes in these time limits.

Explanation: The updated wording of this policy eliminates references to obsolete technology, and incorporates the Commission’s practice of making existing on-site equipment available to members of the public when possible.

38


9. DIVISION 1 – OPERATIONAL RULES & REGULATIONS CHAPTER 3 – COMMISSION PROTOCOLS SECTION 1.3.6 – ADDRESSING THE COMMISSION

1.3.6.5 Presentations and Public Comment Communications Cumulative Time Limit: Members of the public making presentations to the Commission in connection with one or more agenda items and/or as a part of Public Comments at a single meeting shall be limited to a cumulative total of not to exceed 5 (five) minutes for all agenda items, except for pPublic hHearing iItems. For pPublic hHearing iItems, time limits shall be as set forth in Section 1.3.6.3. The cumulative total time limit for members of the public making oral presentations to the Commission for all agenda items, including Public Comments and pPublic hHearings Items, shall be 10 (ten) minutes unless otherwise increased or decreased by the Chair, with the concurrence of the Commission.

Explanation: The modifications eliminate unnecessary words and reflect the terminology used by the Commission in Section 1.3.3.1 (General Order).

10. DIVISION 2 – OPERATIONAL POLICIES

CHAPTER 3 – FINANCIAL SECTION 2.3.1 – BUDGET POLICIES

2.3.1.2 Annual Work Plan: As a part of the budget development process LAFCo will annually review and adopt a work plan to fulfill the purposes and programs of state law and local policy, including requirements for service reviews, sphere of influence reviews/updates and other mandated functions. The work plan will guide the development of the budget based on a July 1 to June 30 fiscal year.

Explanation: The added language clarifies that Commission-initiated actions related to spheres of influence may consist of reviews (i.e., no changes) or updates (i.e., modifications).


CHAPTER 5 – DELEGATION OF AUTHORITIES TO EXECUTIVE OFFICER SECTION 2.5.5 – LEGISLATIVE PROCESS PARTICIPATION

a. In situations when proposed legislation affecting LAFCo cannot be considered by the full Commission due to the legislative process schedule, the Executive Officer (in consultation with Legal Counsel) is authorized to provide written comments regarding the proposed legislation that are consistent with the current adopted legislative policies of the California Association of Local Agency Formation Commissions (CALAFCO).

b. The Chair (or Vice Chair, if the Chair is unavailable) shall review the written comments prior to submittal by the Executive Officer.

c. The Executive Officer shall provide a copy of the written comments to the full Commission.

d. The next regular LAFCo meeting agenda shall include an item that allows the Commission to discuss the proposed legislation and submitted written comments.

39



Explanation:

The Executive Officer regularly reports to the Commission regarding pending legislation that would affect LAFCo. Due to the Commission’s meeting schedule, the Commission as a collective body is not in the position to submit comments to state legislators regarding bills when immediate action is necessary, and so misses opportunities to directly influence legislative outcomes.

The impetus for a recommended policy related to legislative process participation was staff’s recognition that Ventura LAFCo is seldom able to respond in time-sensitive situations to calls for action by the California Association of Local Agency Formation Commissions (CALAFCO) related to pending legislation. A policy empowering the Executive Officer to send letters on behalf of the Commission in specified circumstances would improve Ventura LAFCo’s ability to influence legislation affecting it and allow it to better support the efforts of CALAFCo in representing LAFCos throughout the state.

The CALAFCO Board of Directors annually adopts legislative policies that guide the actions of the CALAFCO Legislative Committee (consisting of a selection of Board members and LAFCo staff) to support LAFCo’s authority to implement the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (i.e., CKH or LAFCo law). The CALAFCO 2018 Legislative Policies are provided as Attachment 2. Ventura LAFCo has not adopted its own legislative policies.

The purpose of this policy is to allow the Executive Officer to represent the Commission in providing input on pending legislation affecting LAFCo, most commonly in response to requests for action by CALAFCO, when the Commission is unable to do so as a result of time constraints. The Executive Officer would be limited to submitting comments that are consistent with the current adopted legislative policies of CALAFCO. The decision to submit comments would be made at the discretion of the Executive Officer. The Executive Officer’s consultation with Legal Counsel and the Chair would ensure that comments are both legally sound and best represent the Commission. Notification to the full Commission and inclusion of a discussion item on the Commission’s next meeting agenda would allow the Commission to be informed of the Executive Officer’s action and would provide an opportunity for feedback.

40


12. DIVISION 3 – CHANGES OF ORGANIZATION AND REORGANIZATION CHAPTER 2 – SPECIFIC POLICIES SECTION 3.2.1 – ANNEXATION OF STREETS TO CITIES

Except in extraordinary circumstances, proposals involving annexations to cities shall include annexation to the city of annex entire adjacent roadway sections adjacent to territory proposed to be annexed and shall include and complete intersections. City annexations shall reflect logical allocations of existing and proposed roads and rights-of-way. Illogical allocations are divisions of roads in the middle, short sections of roads situated between the boundaries of other agencies, and other divisions that require a road service provider to duplicate or provide services in an inefficient manner.

Explanation: The rephrased policy eliminates language that potentially suggests cities are unilaterally authorized to annex territory. It also clarifies that adjacent roadway sections are to be included as part of city annexation proposals.

13. DIVISION 5 – OUT OF AGENCY SERVICE AGREEMENTS

CHAPTER 1 – GENERAL POLICIES SECTION 5.1.1 – APPLICABILITY AND WAIVER

5.1.1.3 Definitions a. Service: Service is defined in Government Code Section 56074. b. New service: New service consists of service that a governmental entity is not currently

providing or is not currently authorized to provide. For example, the installation of a new water meter or sewer connection constitutes a new service, but replacement of an existing connection that does not exceed the service capacity of the existing connection does not constitute a new service.

c. Extended service: Extended service is an increase in the level of service of an existing service, not the geographic expansion of services or the physical extension of a pipeline or similar link. A service is an extended service if it is provided at a level above and beyond the baseline of service a governmental entity is otherwise authorized to provide.

Explanation: LAFCo law regulates the ability of agencies to provide services outside their jurisdictional boundaries. Government Code § 56133(a) states: “A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries only if it first requests and receives written approval from the commission in the affected county.” However, the law does not define “new or extended services.” A decade ago, the LAFCo Executive Officer sought the opinion of LAFCo Legal Counsel on a related matter, and LAFCo Legal Counsel issued a legal interpretation on November 3, 2008, which included a definition of “extended services,” provided below in pertinent part:

The concept of an “extended service” relates to the level of service provided, not the geographic expansion of services or the physical extension of a pipeline or similar link. A service is an “extended service” if it is provided at a level above and beyond

41



the base line of service a governmental entity is otherwise required to provide. For example, with respect to police services the Attorney General has opined that “‘extended police protection’ must contemplate an increased level of service over and above that performed under the sheriff’s normal county-wide duties as chief law enforcement officer of the county….” (57 Ops.Cal.Atty.Gen. 423, 427 (1974), italics in original.) Thus, it is proper to categorize an increase in the level of a pre-existing service as an extended service, even if the infrastructure needed to supply the service is not expanded.

Since 2008, LAFCo staff has used Legal Counsel’s interpretation in its application of Government Code § 56133. The recommended policy language incorporates the guidance provided by LAFCo Legal Counsel. It provides definitions that support Ventura LAFCo’s application of LAFCo law, with the added benefit of providing improved clarity and predictability to agencies desiring to deliver new or extended services.

Alternatives:

1. Establish a Legislative Policy Committee of the Commission to prepare and submit letters in support or opposition of proposed legislation on behalf of the Commission, and direct staff to develop a new policy for the Commission’s consideration at a future Commission meeting.

2. Adopt legislative policies annually that align with those of CALAFCO, and direct staff to develop a new policy for the Commission’s consideration at a future Commission meeting.

3. Take no action on any of the proposed policy amendments. 4. Adopt one or more proposed policy amendments and take no action on one or more

proposed policy amendments. Attachments:

1. Resolution making amendments to the Ventura LAFCo Commissioner’s Handbook 2. CALAFCO 2018 Legislative Policies

42

RESOLUTION OF THE VENTURA LOCAL AGENCY FORMATION COMMISSION MAKING AMENDMENTS TO

DIVISION 1 (CHAPTERS 1 AND 3), DIVISION 2 (CHAPTERS 3 AND 5), DIVISION 3 (CHAPTER 2), AND DIVISION 5

(CHAPTER 1) OF THE COMMISSIONER’S HANDBOOK

WHEREAS, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000

(Government Code Section 56000 et seq.) requires each Local Agency Formation Commission to

adopt written policies and procedures; and

WHEREAS, the Ventura Local Agency Formation Commission (LAFCo or Commission)

adopted a new and revised Commissioner’s Handbook containing its written policies and

procedures on January 1, 2002; and

WHEREAS, the Commission periodically adopts revisions to the Commissioner’s

Handbook containing its written policies, procedures, and bylaws as necessary; and

WHEREAS, on October 17, 2018, the Commission heard and considered the Staff Report

and the public had an opportunity to comment on the recommended amendments to the

Commission’s policies;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that the Ventura Local

Agency Formation Commission hereby:

(1) Amends Division 1 (Operational Rules & Regulations), as reflected in Exhibit A:

(a) Chapter 1 (By-Laws)

(i) Modifying Section 1.1.3.2 (Term of Office)

(ii) Modifying Section 1.1.3.4 (Alternate Members)

(b) Chapter 3 (Commission Protocols)

(i) Modifying Section 1.3.3.1 (General Order)

(ii) Modifying Section 1.3.3.4 (Consent Items)

(iii) Modifying Section 1.3.5.1 (General Procedure)

(iv) Modifying Section 1.3.5.4 (Public Discussion at Hearings)

(v) Modifying Section 1.3.6.2 (Public Communications)

(vi) Modifying Section 1.3.6.4 (Audio-Video Presentations)

(vii) Modifying Section 1.3.6.5 (Presentations and Public Communications

Cumulative Time Limit)

(2) Amends Division 2 (Operational Policies), as reflected in Exhibit A:

(a) Chapter 3 (Financial)

(i) Modifying Section 2.3.1.2 (Annual Work Plan)

(b) Chapter 5 (Delegation of Authorities to Executive Officer)

(i) Adding Section 2.5.5 (Legislative Process Participation)

Attachment 1

43

122017

11.1

Resolution Making Amendments to Commissioner’s Handbook October 17, 2018 Page 2 of 3

(3) Amends Division 3 (Changes of Organization and Reorganization), as reflected in

Exhibit A:

(a) Chapter 2 (Specific Policies)

(i) Modifying Section 3.2.1 (Annexation of Streets to Cities)

(4) Amends Division 5 (Out of Agency Service Agreements), as reflected in Exhibit A:

(a) Chapter 1 (General Policies)

(i) Adding Section 5.1.1.3 (Definitions)

(5) Directs the Executive Officer to compile the amendments to the Commissioner’s

Handbook in the form of replacement pages and distribute them to interested

parties.

(6) Establishes the effective date of this resolution as October 17, 2018.

44

Resolution Making Amendments to Commissioner’s Handbook October 17, 2018

Page 3 of 3

This resolution was adopted on October 17, 2018.

AYE NO ABSTAIN ABSENT

Commissioner Freeman

Commissioner Parks

Commissioner Parvin

Commissioner Ramirez

Commissioner Rooney

Commissioner Ross

Commissioner Zaragoza

Alt. Commissioner Bennett

Alt. Commissioner Bill-de la Peña

Alt. Commissioner Richards

Alt. Commissioner Waters

__________________ ______________________________________________________ Date Linda Parks, Chair, Ventura Local Agency Formation Commission

Attachment: Exhibit A c: Ventura County Cities Ventura County Special Districts

45

EXHIBIT A



1.1.3.2 Term of Office: The term of office for each member shall be as set forth in the CKH Act. The expiration date of the term of office shall be January 1 in the year in which the term of the member expires.



1.1.3.4 Alternate Members: Alternate members may participate fully in all meetings; however, they may: (1) make motions and vote only in the absence of the regular member for which they are an alternate, and (2) attend closed session meetings only when the Commission determines that they have an official or essential role to play in closed session.


CHAPTER 3 – COMMISSION PROTOCOLS SECTION 1.3.3 – ORDER OF BUSINESS

1.3.3.1 General Order: The business of the Ventura LAFCo at its meetings will be conducted in accordance with the following order of business unless otherwise specified. A closed session may be held at any time during a meeting consistent with applicable law.

• Call to Order. • Pledge of Allegiance. • Roll Call. • Agenda Review. • Presentations and Announcements. • Public Comment. • Minutes. • Consent Items. • Public Hearing Items. • Action Items. • Correspondence Received. • Executive Officer’s Report. • Commissioners’ Comments. • Adjournment.

Attachment 1 Exhibit A

46

122017

11.1.a

Exhibit A of Resolution Making Amendments to Commissioner’s Handbook October 17, 2018 Page 2 of 5

4. DIVISION 1 – OPERATIONAL RULES & REGULATIONS CHAPTER 3 – COMMISSION PROTOCOLS

SECTION 1.3.3 – ORDER OF BUSINESS

1.3.3.4 Consent Items: Consent items are expected to be routine and noncontroversial. Consent items will be approved by one action if no member of the Commission desires to comment, discuss or ask questions about any of the items. Any member of the Commission or staff can remove an item from being considered as a consent item. Members of the public may comment on consent items prior to the Commission’s consideration of the Consent Items section of the agenda. A Commissioner may vote "no" on any consent item without comment or discussion. Any comments, discussion or questions on a consent item will require the pulling of the item from the Consent Items section of the agenda.


CHAPTER 3 – COMMISSION PROTOCOLS SECTION 1.3.5 – PUBLIC HEARINGS

1.3.5.1 General Procedure: The Commission procedure for the conduct of public hearings is generally as follows:

a. The Chair opens the public hearing. b. LAFCo staff presents its report. c. Commission members and alternates may ask questions of staff if they so desire. d. The applicant or applicant representative then has the opportunity to present

comments, testimony, or arguments. e. Members of the public are provided with the opportunity to present their comments,

testimony or argument. f. The applicant or applicant representative is given an opportunity for rebuttal or

concluding comments. g. LAFCo staff is given an opportunity for concluding comments. h. The public hearing is closed. i. The Commission deliberates on the issue. j. If the Commission raises new issues through deliberation and seeks to take additional

public testimony (questions of the public, applicant or appellant), the public hearing must be reopened. At the conclusion of the public testimony, the public hearing is again closed.

k. The Commission deliberates and takes action. l. The Chair announces the final decision of the Commission.

47

Exhibit A of Resolution Making Amendments to Commissioner’s Handbook October 17, 2018

Page 3 of 5


SECTION 1.3.5 – PUBLIC HEARINGS

1.3.5.4 Public Discussion at Hearings:

a. When a matter for public hearing comes before the Commission, the Chair will open the public hearing. Upon opening the public hearing and before any motion is made related to the merits of the issue to be heard, the Chair shall call for presentation of the staff report. Following any staff presentation and Commissioner questions, the Chair shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter.



1.3.6.2 Public Comment:

a. In compliance with the Ralph M. Brown Act, Public Comment is that portion of Commission meetings set aside for members of the public to address the Commission on items of any Ventura LAFCo business other than scheduled agenda items.

b. Speaker Cards - Persons wishing to speak during Public Comment should submit a speaker card to the Clerk of the Commission in a timely fashion.

c. Ventura LAFCo Business – Comments provided during Public Comment are limited to items within the subject matter jurisdiction of the Ventura LAFCo and are limited to five minutes.

d. Commission Deliberations Prohibited - In compliance with the Brown Act, the Commission may not deliberate or vote on any matter raised in Public Comment. The Chair, however, may request the Executive Officer to provide brief additional information on a matter of general interest to the full Commission or the public at large.



1.3.6.4 Audio/Visual Presentations: Members of the public may make audio/visual presentations to the Commission, but must provide their own equipment. The Commission and its staff are not responsible for providing any special connections or set-up of any kind, or assisting in the delivery of an audio/visual presentation in any way. Those wishing to make audio/visual presentations are solely responsible for the set-up and functioning of their presentation. In some cases, however, existing on-site equipment may be available for members of the public to use in making presentations, if arrangements are made with LAFCo staff in advance. All audio/visual presentations must comply with applicable time limits for oral presentations and cumulative time

48

Exhibit A of Resolution Making Amendments to Commissioner’s Handbook October 17, 2018 Page 4 of 5

limits. Presentations should be planned with flexibility to adjust to any changes in these time limits.


SECTION 1.3.6 – ADDRESSING THE COMMISSION

1.3.6.5 Presentations and Public Comment Cumulative Time Limit: Members of the public making presentations to the Commission in connection with one or more agenda items and/or as a part of Public Comment at a single meeting shall be limited to a cumulative total of five minutes for all agenda items, except for Public Hearing Items. For Public Hearing Items, time limits shall be as set forth in Section 1.3.6.3. The cumulative total time limit for members of the public making oral presentations to the Commission for all agenda items, including Public Comment and Public Hearing Items, shall be 10 minutes unless otherwise increased or decreased by the Chair, with the concurrence of the Commission.


CHAPTER 3 – FINANCIAL SECTION 2.3.1 – BUDGET POLICIES

2.3.1.2 Annual Work Plan: As a part of the budget development process LAFCo will annually review and adopt a work plan to fulfill the purposes and programs of state law and local policy, including requirements for service reviews, sphere of influence reviews/updates and other mandated functions. The work plan will guide the development of the budget based on a July 1 to June 30 fiscal year.


CHAPTER 5 – DELEGATION OF AUTHORITIES TO EXECUTIVE OFFICER SECTION 2.5.5 – LEGISLATIVE PROCESS PARTICIPATION

a. In situations when proposed legislation affecting LAFCo cannot be considered by the full Commission due to the legislative process schedule, the Executive Officer (in consultation with Legal Counsel) is authorized to provide written comments regarding the proposed legislation that are consistent with the current adopted legislative policies of the California Association of Local Agency Formation Commissions (CALAFCO).

b. The Chair (or Vice Chair, if the Chair is unavailable) shall review the written comments prior to submittal by the Executive Officer.

c. The Executive Officer shall provide a copy of the written comments to the full Commission.

d. The next regular LAFCo meeting agenda shall include an item that allows the Commission to discuss the proposed legislation and submitted written comments.

49

Exhibit A of Resolution Making Amendments to Commissioner’s Handbook October 17, 2018

Page 5 of 5

12. DIVISION 3 – CHANGES OF ORGANIZATION AND REORGANIZATION CHAPTER 2 – SPECIFIC POLICIES

SECTION 3.2.1 – ANNEXATION OF STREETS TO CITIES

Except in extraordinary circumstances, proposals involving annexations to cities shall include annexation to the city of entire adjacent roadway sections and complete intersections. City annexations shall reflect logical allocations of existing and proposed roads and rights-of-way. Illogical allocations are divisions of roads in the middle, short sections of roads situated between the boundaries of other agencies, and other divisions that require a road service provider to duplicate or provide services in an inefficient manner.

13. DIVISION 5 – OUT OF AGENCY SERVICE AGREEMENTS

CHAPTER 1 – GENERAL POLICIES SECTION 5.1.1 – APPLICABILITY AND WAIVER

5.1.1.3 Definitions

a. Service: Service is defined in Government Code Section 56074. b. New service: New service consists of service that a governmental entity is not

currently providing or is not currently authorized to provide. For example, the installation of a new water meter or sewer connection constitutes a new service, but replacement of an existing connection that does not exceed the service capacity of the existing connection does not constitute a new service.

c. Extended service: Extended service is an increase in the level of service of an existing service, not the geographic expansion of services or the physical extension of a pipeline or similar link. A service is an extended service if it is provided at a level above and beyond the baseline of service a governmental entity is otherwise authorized to provide.

50

CALAFCO 2018 Legislative Policies As adopted by the Board of Directors on 23 February, 2018

1. LAFCo Purpose and Authority

1.1. Support legislation which enhances LAFCo authority and powers to carry out the legislative

findings and authority in Government Code §56000 et seq., and oppose legislation which

diminishes LAFCo authority.

1.2. Support authority for each LAFCo to establish local policies to apply Government Code §56000

et seq. based on local needs and conditions, and oppose any limitations to that authority.

1.3. Oppose additional LAFCo responsibilities which require expansion of current local funding

sources. Oppose unrelated responsibilities which dilute LAFCo ability to meet its primary

mission.

1.4. Support alignment of responsibilities and authority of LAFCo and regional agencies which may

have overlapping responsibilities in orderly growth, preservation, and service delivery, and

oppose legislation or policies which create conflicts or hamper those responsibilities.

1.5. Oppose grants of special status to any individual agency or proposal to circumvent the LAFCo

process.

1.6. Support individual commissioner responsibility that allows each commissioner to independently

vote his or her conscience on issues affecting his or her own jurisdiction.

2. LAFCo Organization

2.1. Support the independence of LAFCo from local agencies.

2.2. Oppose the re-composition of any LAFCo to create special seats and recognize the importance

of balanced representation provided by cities, the county, the public, and special districts in

advancing the public interest.

2.3. Support representation of special districts on all LAFCos in counties with independent districts

and oppose removal of special districts from any LAFCo.

2.4. Support communication and collaborative decision-making among neighboring LAFCos when

growth pressures and multicounty agencies extend beyond a LAFCo’s boundaries.

3. Agricultural and Open Space Protection

3.1. Support legislation which clarifies LAFCo authority to identify, encourage and ensure the

preservation of agricultural and open space lands.

3.2. Encourage a consistent definition of agricultural and open space lands.

3.3. Support policies which encourage cities, counties and special districts to direct development

away from all types of agricultural lands, including prime agricultural lands and open space

lands.

3.4. Support policies and tools which protect all types of agricultural lands, including prime

agricultural lands and open space lands.

3.5. Support the continuance of the Williamson Act and restoration of program funding through State

subvention payments.

51

122017

11.2

CALAFCO 2018 Legislative Policies 2

As adopted by the Board of Directors on 23 February, 2018

California Association of Local Agency Formation Commissions

1215 K Street, Suite 1650, Sacramento, CA 95814 916/442-6536 www.calafco.org

4. Orderly Growth

4.1. Support the recognition and use of spheres of influence as a management tool to provide better

planning of growth and development, and to preserve agricultural and open space lands.

4.2. Support recognition of LAFCo spheres of influence by other agencies involved in determining

and developing long-term growth and infrastructure plans.

4.3. Support orderly boundaries of local agencies and the elimination of islands within the

boundaries of agencies.

4.4. Support communication among cities, counties, and special districts through a collaborative

process that resolves service, housing, land use, and fiscal issues, prior to application to LAFCo.

4.5. Support cooperation between counties and cities on decisions related to development within

the city’s designated sphere of influence.

5. Service Delivery and Local Agency Effectiveness

5.1. Support the use of LAFCo resources to review Regional Transportation Plans, including

sustainable communities strategies and other growth plans to ensure reliable services, orderly

growth, sustainable communities, and conformity with LAFCo’s legislative mandates. Support

efforts that enhance meaningful collaboration between LAFCos and regional planning agencies.

5.2. Support LAFCo authority as the preferred method of local governance. Support the availability

of LAFCo tools which provide options for local governance and efficient service delivery,

including the authority to impose conditions that assure a proposal’s conformity with LAFCo’s

legislative mandates.

5.3. Support the creation or reorganization of local governments in a deliberative, open process

which will fairly evaluate the proposed new or successor agency’s long-term financial viability,

governance structure and ability to efficiently deliver proposed services.

5.4. Support the availability of tools for LAFCo to insure equitable distribution of revenues to local

government agencies consistent with their service delivery responsibilities.

5.5. Support collaborative efforts among agencies and LAFCOs that encourage opportunities for

sharing of services, staff and facilities to provide more efficient and cost effective services.

Support legislation which provides LAFCo with additional opportunities to encourage shared

services.

52





2018 Legislative Priorities

Primary Issues

Authority of LAFCo

Support legislation that maintains or enhances LAFCo’s authority to condition proposals to address any

or all financial, growth, service delivery, and agricultural and open space preservation issues. Support

legislation that maintains or enhances LAFCo’s ability to make decisions regarding boundaries and

formations, as well as to enact recommendations related to the delivery of services and the agencies

providing them, including changes of organization and reorganizations.

Agriculture and Open Space Protection

Support policies, programs and legislation that recognize LAFCo’s mission to protect and mitigate the loss

of all types of agricultural lands, including prime agricultural lands and open space lands and that

encourage other agencies to coordinate with local LAFCos on land preservation and orderly growth.

Support efforts that encourage the creation of habitat conservation plans.

Water Availability

Support policies, programs and legislation that promote an integrated approach to water availability and

management. Promote adequate water supplies and infrastructure planning for current and planned

growth as well as to support the sustainability of all types of agricultural lands, including prime agricultural

lands and open space lands. Support policies that assist LAFCo in obtaining accurate and reliable water

supply information to evaluate current and cumulative water demands for service expansions and

boundary changes including impacts of expanding water company service areas on orderly growth, and

the impacts of consolidation or dissolution of water companies providing services.

Viability of Local Services

Support legislation that maintains or enhances LAFCo’s ability to review and act to determine the efficient

and sustainable delivery of local services and the financial viability of agencies providing those services

to meet current and future needs including those identified in regional planning efforts such as

sustainable communities strategies. Support legislation which provides LAFCo and local communities

with options for local governance and service delivery to ensure efficient, effective, and quality service

delivery. Support efforts which provide tools to local agencies to address aging infrastructure, fiscal

challenges, the maintenance of services, and services to disadvantaged communities.

53





Issues of Interest

Housing

Provision of territory and services to support housing plans consistent with regional land use plans and

local LAFCo policies.

Transportation

Effects of Regional Transportation Plans and expansion of transportation systems on future urban growth

and service delivery needs, and the ability of local agencies to provide those services.

Flood Control

The ability and effectiveness of local agencies to maintain and improve levees and protect current

infrastructure. Carefully consider the value of uninhabited territory, and the impact to public safety of

proposed annexation to urban areas of uninhabited territory which is at risk for flooding. Support

legislation that includes assessment of agency viability in decisions involving new funds for levee repair

and maintenance. Support efforts that encourage the creation of habitat conservation plans.

Adequate Municipal Services in Inhabited Territory

Expedited processes for inhabited annexations should be consistent with LAFCo law and be fiscally viable.

To promote environmental justice for underserved inhabited communities, funding sources should be

identified for extension of municipal services, including options for annexation of contiguous

disadvantaged unincorporated communities. Support policies, programs, and legislation which would

provide municipal services to disadvantaged communities. Promote the delivery of adequate,

sustainable, efficient, and effective levels of service through periodic updates of Municipal Service

reviews, Spheres of Influence, and other studies.

54


STAFF REPORT










Agenda Item 12

TO: LAFCo Commissioners FROM: Andrea Ozdy, Deputy Executive Officer SUBJECT: Amendment to Schedule for Initiating Sphere of Influence Reviews/Updates –

2018-2022 Work Plan

Recommendation: Approve an amendment to the Schedule for Initiating Sphere of Influence Reviews/Updates – 2018-2022 Work Plan. Background: Pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code § 56000 et seq.), the Commission was required to determine and adopt a sphere of influence for each city and special district on or before January 1, 2008. A sphere of influence is defined in Government Code § 56076 as the probable physical boundary and service area of a local agency, as determined by the Commission. Every five years thereafter, the Commission must, as necessary, review and update each sphere of influence (Government Code § 56425(g)). Before it may update an agency’s sphere, LAFCo is required to conduct a Municipal Service Review (MSR) pursuant to Government Code § 56430, which includes the preparation of statements of determination with respect to the following factors:

• Growth and population projections for the affected area;

• Location and characteristics of any disadvantaged unincorporated communities within or contiguous to the sphere of influence;

• Present and planned capacity of public facilities and adequacy of public services, including infrastructure needs and deficiencies;

• Financial ability of agencies to provide services;

55

Amendment to Schedule for Initiating Sphere of Influence Reviews/Updates – Work Plan 2018-2022 October 17, 2018 Page 2 of 2

• Status of, and opportunities for, shared facilities;

• Accountability for community service needs, including governmental structure and operations efficiencies; and

• Any other matter related to effective and efficient service delivery, as required by Commission policy.

On April 18, 2018, the Commission approved the Schedule for Initiating Sphere of Influence Reviews/Updates – 2018-2022 Work Plan (Attachment 1). The Work Plan consists of a schedule for initiating the required sphere review/update for each agency (10 cities and 51 special districts) for which LAFCo has the authority to determine jurisdictional boundaries and a sphere of influence. It establishes the pace of Ventura LAFCo’s sphere of influence reviews/updates. Therefore, it may be used to measure progress toward meeting the requirements of LAFCo law; however, it should be considered somewhat flexible in that circumstances may warrant adjustment to the schedule. Discussion: LAFCo conducted an MSR in 2004 for the water and wastewater agencies that were subject to LAFCo authority at that time, and has reviewed the spheres every five years. In order to comply with State law and the Work Plan, a review (or update) of the spheres of most of these agencies is to occur during 2019. As the most recent MSR for water and wastewater agencies was completed nearly 15 years ago (except for the recently-formed Ventura County Waterworks District No. 38), it is time for LAFCo to revisit the services, laws, population, land uses, and other aspects related to the operation of these agencies. Therefore, staff intends to prepare an MSR for these agencies during 2019. So that a review of all water and wastewater agencies may be included in a single, comprehensive MSR, staff recommends that the Work Plan be amended such that all water and wastewater agencies are to be reviewed during 2019, rather than in smaller groups over a three-year period beginning in 2019 (Attachment 2)1. Specifically, the review/update schedule for the spheres of 10 districts (six in 2020 and four in 2021) is proposed to be shifted to 2019. No changes are proposed to the sphere review/update schedule for any other agencies. Attachments:

1. Schedule for Initiating Sphere of Influence Review/Updates – 2018-2022 Work Plan (approved April 18, 2018)

2. Draft Revised Schedule for Initiating Sphere of Influence Review/Updates – 2018-2022 Work Plan

1 Note that the draft revised Work Plan includes a correction to reflect that no MSR exists for the Ventura County Resource Conservation District.

56

VVEENNTTUURRAA LLOOCCAALL AAGGEENNCCYY FFOORRMMAATTIIOONN CCOOMMMMIISSSSIIOONN

SSCCHHEEDDUULLEE FFOORR IINNIITTIIAATTIINNGG SSPPHHEERREE OOFF IINNFFLLUUEENNCCEE RREEVVIIEEWWSS//UUPPDDAATTEESS -- 22001188--22002222 WWOORRKK PPLLAANN

Page 1 of 3

Agency Next Sphere Review/ Update to be Initiated

Most Recent Sphere Review/Update

Most Recent MSR Accepted by LAFCo

Bardsdale Cemetery District 2022 Reviewed 2017 2007 Cemetery Districts

Bell Canyon Community Services District 2020 Reviewed 2015 2005 Bell Canyon

Blanchard/Santa Paula Library District 2018 N/A N/A

Calleguas Municipal Water District 2019 Updated 2014 2004 Water/Wastewater

Camarillo Health Care District 2022 Reviewed 2012 2007 Camarillo Health Care District

Camarillo Sanitary District 2019 Updated 2014 2004 Water/Wastewater

Camrosa Water District 2019 Reviewed 2014 2004 Water/Wastewater

Casitas Municipal Water District 2021 Reviewed 2016 2004 Water/Wastewater

Channel Islands Beach Community Services District 2021 Reviewed 2016 2005 Solid Waste

Conejo Recreation and Park District 2020 Updated 2015 2005 Recreation and Park Districts

El Rancho Simi Cemetery District 2022 Reviewed 2017 2007 Cemetery Districts

Fillmore-Piru Memorial District 2022 Reviewed 2012 2007 Fillmore-Piru Memorial District

Fox Canyon Groundwater Management Agency 2020 Reviewed 2015 2004 Water/Wastewater

Gold Coast Transit District 2020 Established 2015 2015 Gold Coast Transit District

Hidden Valley Municipal Water District 2019 Updated 2015 2004 Water/Wastewater

Lake Sherwood Community Services District 2019 Updated 2015 2004 Water/Wastewater

Meiners Oaks Water District 2019 Reviewed 2014 2004 Water/Wastewater

Montalvo Community Services District 2019 Reviewed 2014 2004 Water/Wastewater

Ojai Basin Groundwater Management Agency 2019 Reviewed 2014 2004 Water/Wastewater

Ojai Valley Sanitary District 2020 Reviewed 2015 2004 Water/Wastewater

Ojai Water Conservation District 2019 Reviewed 2014 2004 Water/Wastewater

Oxnard Drainage District No. 1 2021 Reviewed 2016 2005 Drainage Districts


Oxnard Harbor District 2022 Reviewed 2017 2007 Oxnard Harbor District

Piru Public Cemetery District 2022 Reviewed 2013 2007 Cemetery Districts

Pleasant Valley County Water District 2019 Reviewed 2014 2004 Water/Wastewater

Pleasant Valley Recreation and Park District 2020 Reviewed 2015 2005 Recreation and Park Districts

Rancho Simi Recreation and Park District 2020 Reviewed 2015 2005 Recreation and Park Districts

Saticoy Sanitary District 2019 Reviewed 2014 2004 Water/Wastewater

57

122017

12.1

of 3




Triunfo Sanitation District 2019 Reviewed 2014 2004 Water/Wastewater

United Water Conservation District 2021 Reviewed 2016 2004 Water/Wastewater

Ventura County Fire Protection District 2019 Reviewed 2014 N/A

Ventura County Resource Conservation District 2019 Reviewed 2014 2005 Solid Waste

Ventura County Service Area No. 3 2020 Reviewed 2015 2010 CSA 3

Ventura County Service Area No. 4 2020 Reviewed 2015 2005 CSA 3,4, and 14


Ventura County Service Area No. 29 2019 Updated 2014 2004 Water/Wastewater

Ventura County Service Area No. 30 2019 Reviewed 2014 2004 Water/Wastewater


Ventura County Service Area No. 33 2018 Updated 2012 2005 Recreation and Park Districts


Ventura County Watershed Protection District 2019 Reviewed 2014 N/A

Ventura County Waterworks District No. 1 2020 Updated 2015 2004 Water/Wastewater


Ventura County Waterworks District No. 16 2019 Reviewed 2014 2004 Water/Wastewater



Ventura County Waterworks District No. 38 2021 Established 2016 2016 Ventura County Waterworks District No. 38

Ventura Port District 2022 Reviewed 2017 2007 Ventura Port District

Ventura Regional Sanitation District 2020 Reviewed 2015 2005 Solid Waste

Ventura River Water District 2019 Reviewed 2014 2004 Water/Wastewater

City of Camarillo 2022 Reviewed 2018 2018 City of Camarillo

City of Fillmore 2022 Updated 2018 2018 City of Fillmore

City of Moorpark 2022 Reviewed 2018 2018 City of Moorpark

City of Ojai 2022 Reviewed 2018 2018 City of Ojai

City of Oxnard 2022 Reviewed 2018 2018 City of Oxnard

City of Port Hueneme 2022 Reviewed 2018 N/A

City of San Buenaventura 2022 Reviewed 2018 2018 City of San Buenaventura

City of Santa Paula 2022 Updated 2018 2018 City of Santa Paula

City of Simi Valley 2022 Reviewed 2018 2018 City of Simi Valley

City of Thousand Oaks 2022 Reviewed 2018 2018 City of Thousand Oaks

58

Sphere of Influence Reviews/Updates by Calendar Year

Page 3 of 3

2018 Blanchard Santa Paula Library District Ventura County Service Area No. 33 2019 Calleguas Municipal Water District Camarillo Sanitary District Camrosa Water District Hidden Valley Municipal Water District Lake Sherwood Community Services District Meiners Oaks Water District Montalvo Community Services District Ojai Basin Groundwater Management Agency Ojai Water Conservation District Pleasant Valley County Water District Saticoy Sanitary District Triunfo Sanitation District Ventura County Fire Protection District Ventura County Resource Conservation District Ventura County Service Area No. 29 Ventura County Service Area No. 30 Ventura County Service Area No. 32 Ventura County Watershed Protection District Ventura County Waterworks District No. 16 Ventura County Waterworks District No. 17 Ventura County Waterworks District No. 19 Ventura River Water District

2020 Bell Canyon Community Services District Conejo Recreation and Park District Fox Canyon Groundwater Management Agency Gold Coast Transit District Ojai Valley Sanitary District Pleasant Valley Recreation and Park District Rancho Simi Recreation and Park District Ventura County Service Area No. 3 Ventura County Service Area No. 4 Ventura County Service Area No. 14 Ventura County Service Area No. 34 Ventura County Waterworks District No. 1 Ventura County Waterworks District No. 8 Ventura Regional Sanitation District

2021 Casitas Municipal Water District Channel Islands Beach Community Services District Oxnard Drainage District No. 1 Oxnard Drainage District No. 2 United Water Conservation District Ventura County Waterworks District No. 38

2022 Bardsdale Cemetery District Camarillo Health Care District City of Camarillo City of Fillmore City of Moorpark City of Ojai City of Oxnard City of Port Hueneme City of San Buenaventura City of Santa Paula City of Simi Valley City of Thousand Oaks El Rancho Simi Cemetery District Fillmore-Piru Memorial District Oxnard Harbor District Piru Public Cemetery District Ventura Port District

59

VVEENNTTUURRAA LLOOCCAALL AAGGEENNCCYY FFOORRMMAATTIIOONN CCOOMMMMIISSSSIIOONN

SSCCHHEEDDUULLEE FFOORR IINNIITTIIAATTIINNGG SSPPHHEERREE OOFF IINNFFLLUUEENNCCEE RREEVVIIEEWWSS//UUPPDDAATTEESS -- 22001188--22002222 WWOORRKK PPLLAANN

Page 1 of 3

Agency Sphere Review/ Update by Year



Bardsdale Cemetery District 2022 Reviewed 2017 2007 Cemetery Districts

Bell Canyon Community Services District 2020 Reviewed 2015 2005 Bell Canyon

Blanchard/Santa Paula Library District 2018 N/A N/A

Calleguas Municipal Water District 2019 Updated 2014 2004 Water/Wastewater

Camarillo Health Care District 2022 Reviewed 2012 2007 Camarillo Health Care District

Camarillo Sanitary District 2019 Updated 2014 2004 Water/Wastewater

Camrosa Water District 2019 Reviewed 2014 2004 Water/Wastewater

Casitas Municipal Water District 2019 Reviewed 2016 2004 Water/Wastewater

Channel Islands Beach Community Services District 2019 Reviewed 2016 2005 Solid Waste

Conejo Recreation and Park District 2020 Updated 2015 2005 Recreation and Park Districts

El Rancho Simi Cemetery District 2022 Reviewed 2017 2007 Cemetery Districts

Fillmore-Piru Memorial District 2022 Reviewed 2012 2007 Fillmore-Piru Memorial District

Fox Canyon Groundwater Management Agency 2019 Reviewed 2015 2004 Water/Wastewater

Gold Coast Transit District 2020 Established 2015 2015 Gold Coast Transit District

Hidden Valley Municipal Water District 2019 Updated 2015 2004 Water/Wastewater

Lake Sherwood Community Services District 2019 Updated 2015 2004 Water/Wastewater

Meiners Oaks Water District 2019 Reviewed 2014 2004 Water/Wastewater

Montalvo Community Services District 2019 Reviewed 2014 2004 Water/Wastewater

Ojai Basin Groundwater Management Agency 2019 Reviewed 2014 2004 Water/Wastewater

Ojai Valley Sanitary District 2019 Reviewed 2015 2004 Water/Wastewater

Ojai Water Conservation District 2019 Reviewed 2014 2004 Water/Wastewater



Oxnard Harbor District 2022 Reviewed 2017 2007 Oxnard Harbor District

Piru Public Cemetery District 2022 Reviewed 2013 2007 Cemetery Districts

Pleasant Valley County Water District 2019 Reviewed 2014 2004 Water/Wastewater

Pleasant Valley Recreation and Park District 2020 Reviewed 2015 2005 Recreation and Park Districts

Rancho Simi Recreation and Park District 2020 Reviewed 2015 2005 Recreation and Park Districts

Saticoy Sanitary District 2019 Reviewed 2014 2004 Water/Wastewater

60

122017

12.2

of 3




Triunfo Sanitation District 2019 Reviewed 2014 2004 Water/Wastewater

United Water Conservation District 2019 Reviewed 2016 2004 Water/Wastewater

Ventura County Fire Protection District 2019 Reviewed 2014 N/A

Ventura County Resource Conservation District 2019 Reviewed 2014 N/A




Ventura County Service Area No. 29 2019 Updated 2014 2004 Water/Wastewater



Ventura County Service Area No. 33 2018 Updated 2012 2005 Recreation and Park Districts


Ventura County Watershed Protection District 2019 Reviewed 2014 N/A






Ventura County Waterworks District No. 38 2019 Established 2016 2016 Ventura County Waterworks District No. 38

Ventura Port District 2022 Reviewed 2017 2007 Ventura Port District

Ventura Regional Sanitation District 2019 Reviewed 2015 2005 Solid Waste

Ventura River Water District 2019 Reviewed 2014 2004 Water/Wastewater

City of Camarillo 2022 Reviewed 2018 2018 City of Camarillo

City of Fillmore 2022 Updated 2018 2018 City of Fillmore

City of Moorpark 2022 Reviewed 2018 2018 City of Moorpark

City of Ojai 2022 Reviewed 2018 2018 City of Ojai

City of Oxnard 2022 Reviewed 2018 2018 City of Oxnard

City of Port Hueneme 2022 Reviewed 2018 N/A

City of San Buenaventura 2022 Reviewed 2018 2018 City of San Buenaventura

City of Santa Paula 2022 Updated 2018 2018 City of Santa Paula

City of Simi Valley 2022 Reviewed 2018 2018 City of Simi Valley

City of Thousand Oaks 2022 Reviewed 2018 2018 City of Thousand Oaks

61

Sphere of Influence Reviews/Updates by Calendar Year

Page 3 of 3

2018 Blanchard Santa Paula Library District Ventura County Service Area No. 33 2019 Calleguas Municipal Water District Camarillo Sanitary District Camrosa Water District Casitas Municipal Water District Channel Islands Beach Community Services District Fox Canyon Groundwater Management Agency Hidden Valley Municipal Water District Lake Sherwood Community Services District Meiners Oaks Water District Montalvo Community Services District Ojai Basin Groundwater Management Agency Ojai Valley Sanitary District Ojai Water Conservation District Pleasant Valley County Water District Saticoy Sanitary District Triunfo Sanitation District United Water Conservation District Ventura County Fire Protection District Ventura County Resource Conservation District Ventura County Service Area No. 29 Ventura County Service Area No. 30 Ventura County Service Area No. 32 Ventura County Service Area No. 34 Ventura County Watershed Protection District Ventura County Waterworks District No. 1 Ventura County Waterworks District No. 8 Ventura County Waterworks District No. 16 Ventura County Waterworks District No. 17 Ventura County Waterworks District No. 19 Ventura County Waterworks District No. 38 Ventura Regional Sanitation District Ventura River Water District

2020 Bell Canyon Community Services District Conejo Recreation and Park District Gold Coast Transit District Pleasant Valley Recreation and Park District Rancho Simi Recreation and Park District Ventura County Service Area No. 3 Ventura County Service Area No. 4 Ventura County Service Area No. 14

2021 Oxnard Drainage District No. 1 Oxnard Drainage District No. 2

2022 Bardsdale Cemetery District Camarillo Health Care District City of Camarillo City of Fillmore City of Moorpark City of Ojai City of Oxnard City of Port Hueneme City of San Buenaventura City of Santa Paula City of Simi Valley City of Thousand Oaks El Rancho Simi Cemetery District Fillmore-Piru Memorial District Oxnard Harbor District Piru Public Cemetery District Ventura Port District

62


STAFF REPORT










Agenda Item 13

TO: LAFCo Commissioners FROM: Kai Luoma, Executive Officer SUBJECT: Cancellation of the November 21, 2018 Regular Meeting

RECOMMENDATION: Cancel the November 21, 2018 regular LAFCo meeting and direct staff to provide notice of cancellation to the County, all cities, independent special districts and other interested parties as required by law. DISCUSSION: Due to the fact that there are no pending applications for Commission action as of the date this report was prepared, staff is recommending that the Commission cancel the November meeting. The next scheduled meeting would occur on January 16, 2019.

63


STAFF REPORT










Agenda Item 14

TO: LAFCo Commissioners FROM: Kai Luoma, Executive Officer SUBJECT: Legislative Update

RECOMMENDATION: Receive and file the legislative update. DISCUSSION: The latest CALAFCO Daily Legislative Report is provided as Attachment 1. The Report is also available to CALAFCO members on the CALAFCO website (you must first log in) under the ”Legislation” tab by clicking the “CapitolTrack” link. Attachment:

1. CALAFCO Daily Legislative Report

64

CALAFCO Daily Legislative Report

as of Wednesday, October 10, 2018

AB 2050 (Caballero D) Small System Water Authority Act of 2018.

Current Text: Vetoed: 9/28/2018 html pdf

Introduced: 2/6/2018

Last Amended: 8/6/2018

Status: 9/28/2018-Vetoed by Governor.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered

1st House 2nd House

Summary:

Would create the Small System Water Authority Act of 2018 and state legislative findings and

declarations relating to authorizing the creation of small system water authorities that will have powers

to absorb, improve, and competently operate noncompliant public water systems. The bill, no later than

March 1, 2019, would require the state board to provide written notice to cure to all public agencies,

private water companies, or mutual water companies that operate a public water system that has either

less than 3,000 service connections or that serves less than 10,000 people, and are not in compliance,

for 4 consecutive quarters, with one or more state or federal primary drinking water standard maximum

contaminant levels as of December 31, 2018, as specified.

Attachments:

CALAFCO Support Letter June 2018

Position: Support

Subject: LAFCo Administration, Municipal Services, Water

CALAFCO Comments: This bill is sponsored by Eastern Municipal Water District and the CA Municipal

Utilities Assoc. The intent is to give the State Water Resources Control Board (SWRCB) authority to

mandate the dissolution of existing drinking water systems (public, mutual and private) and authorize

the formation of a new public water authority. The focus is on non contiguous systems. The SWRCB

already has the authority to mandate consolidation of these systems, this will add the authority to

mandate dissolution and formation of a new public agency.

LAFCo will be responsible for dissolving any state mandated public agency dissolution, and the

formation of the new water authority. The SWRCB's appointed Administrator will act as the applicant on

65

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=d5h9inUb4%2bNsA9cUWhwiuajACuiQIduCSlpNHn6gdIaKuO%2fxJ5I9IyG3s98GsyOZ

https://a30.asmdc.org/

http://ctweb.capitoltrack.com/Bills/17Bills/asm/ab_2001-2050/ab_2050_92_E_bill.htm

http://ctweb.capitoltrack.com/Bills/17Bills/asm/ab_2001-2050/ab_2050_92_E_bill.pdf

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=dGM7u6W2kSrD%2fXHc%2b08MgZ7ReEmKHEBYcMFElqMS%2b6U%3d

122017

14.1

behalf of the state. LAFCo will have ability to approve with modifications the application, and the new

agency will have to report to the LAFCo annually for the first 3 years.

AB 2238 (Aguiar-Curry D) Local agency formation: regional housing need allocation: fire hazards:

local health emergencies: hazardous and medical waste.

Current Text: Chaptered: 10/1/2018 html pdf



Status: 9/30/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 990, Statutes

of 2018.



1st House 2nd House

Summary:

The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the authority and

procedures for the initiation, conduct, and completion of changes of organization and reorganization of

cities and districts. The act specifies the factors that a local agency formation commission is required to

consider in the review of a proposal for a change of organization or reorganization, including, among

other things, per capita assessed valuation and the proposal’s consistency with city or county general

and specific plans This bill would require the commission to consider the assessed valuation rather than

per capita assessed valuation.

Attachments:

CALAFCO Support Letter May 2018

Position: Support

Subject: Climate Change, Growth Management

CALAFCO Comments: This bill seeks to add another factor for LAFCo consideration in the review of a

proposal. That factor is information contained in a local hazard mitigation plan, information contained in

a safety element of a general plan, and any maps that identify land as a very high fire hazard zone

pursuant to Section 51178 or maps that identify land determined to be in a state responsibility area

pursuant to Section 4102 of the Public Resources Code, if it is determined that such information is

relevant to the area that is the subject of the proposal.

The bill also adds two non-LAFCo-related sections pertaining to the update of a housing element.

This bill is in response to the rash of wildfires throughout the state over the past several years and the

ongoing threat of same as a result of climate change.

66

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=aA7hi%2b0CBPe7Tlvhpq2dSLprZwoNaCviNkdWj9hcPSXGgYkgy640hD7QDLaBo6Sp


http://ctweb.capitoltrack.com/Bills/17Bills/asm/ab_2201-2250/ab_2238_94_C_bill.htm

http://ctweb.capitoltrack.com/Bills/17Bills/asm/ab_2201-2250/ab_2238_94_C_bill.pdf

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=G21s%2bDoymj4Data%2fIO3jqqxUI7N4%2fi7Glw69IVyY%2b1A%3d

AB 2258 (Caballero D) Local agency formation commissions: grant program.

Current Text: Vetoed: 9/18/2018 html pdf



Status: 9/18/2018-Vetoed by Governor.



1st House 2nd House

Summary:

Would require the Strategic Growth Council, until July 31, 2024, to establish and administer a local

agency formation commissions grant program for the payment of costs associated with initiating and

completing the dissolution of districts listed as inactive, the payment of costs associated with a study of

the services provided within a county by a public agency to a disadvantaged community, as defined, and

for other specified purposes, including the initiation of an action, as defined, that is limited to service

providers serving a disadvantaged community and is based on determinations found in the study, as

approved by the commission.

Attachments:

CALAFCO Support_March 2018


Position: Sponsor

Subject: Other

CALAFCO Comments: This is a CALAFCO sponsored bill following up on the recommendation of the

Little Hoover Commission report of 2017 for the Legislature to provide LAFCos one-time grant funding

for in-depth studies of potential reorganization of local service providers. The Strategic Growth Council

(SGC) will administer the grant program. Grant funds will be used specifically for conducting special

studies to identify and support opportunities to create greater efficiencies in the provision of municipal

services; to potentially initiate actions based on those studies that remove or reduce local costs thus

incentivizing local agencies to work with the LAFCo in developing and implementing reorganization

plans; and the dissolution of inactive districts (pursuant to SB 448, Wieckowksi, 2017). The grant

program would sunset on July 31, 2024.

The bill also changes the protest threshold for LAFCo initiated actions, solely for the purposes of actions

funded pursuant to this new section. It allows LAFCo to order the dissolution of a district (outside of the

ones identified by the SCO) pursuant to Section 11221 of the Elections code, which is a tiered approach

based on registered voters int he affected territory (from 30% down to 10% depending).

Amendments taken in Senate Governance & Finance and Natural Resources & Water narrow the scope

67

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=Ha0%2fA5PFZRsKDNodsHYORxH0cqApaTJ2Lf8pPNrYL3KKkpKUVyEDFnydSlnYHo2W


http://ctweb.capitoltrack.com/Bills/17Bills/asm/ab_2251-2300/ab_2258_92_E_bill.htm

http://ctweb.capitoltrack.com/Bills/17Bills/asm/ab_2251-2300/ab_2258_92_E_bill.pdf

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=7HOMr9GjOyViCh5aNWuuxeFiAgs4sDBCjszbmM0ALGE%3d

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=7HOMr9GjOyViCh5aNWuuxQwNn5hjS5xj%2fDrdUJ6PLFA%3d

of the bill to focus on service providers serving disadvantaged communities; requires LAFCo pay back

grant funds in their entirety if the study is not completed within two years; and requires the SGC to give

preference to LAFCOs whose decisions have been aligned with the goals of sustainable communities

strategies.

Recent amendments remove the fiscal portion of the bill, which was $1.5 million over 5 years. The bill is

now based on an appropriation in the annual Budget Act. CALAFCO will attempt again next year to get

the funding into the budget. The grant program will be in place pending the funding.

AB 2600 (Flora R) Regional park and open space districts.





of 2018.



1st House 2nd House

Summary:

Current law authorizes proceedings for the formation of a regional park, park and open-space, or open-

space district to be initiated pursuant to a petition signed by at least 5,000 electors residing within the

proposed district territory and presented to the county board of supervisors, as specified. Existing law

also authorizes proceedings for district formation in specified counties to be initiated by resolution of

the county board of supervisors adopted after a noticed hearing, and specifies the contents of the

resolution. This bill would, in lieu of the petition described above, authorize the formation of a district

by the adoption of a resolution of application by the legislative body of any county or city that contains

the territory proposed to be included in the district.

Attachments:


Position: Support

CALAFCO Comments: This bill would expand the process of initiating the formation of a regional pack

and open space district by adding that a local governing body may adopt a resolution proposing to form

a new district. This would be in lieu of having a 5,000 signature petition. The LAFCo process remains

intact.

The intent of this bill is to create an easier way (not to replace but in addition to existing process) to

proposed the formation of these types of districts, thereby removing the need for special legislation to

do so. The bill is author-sponsored.

68

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=ooArRZHF%2bxCEKThVAreW7pGvMoK6JUHF8SlODOjzfy6FFiIhF%2fb22BgAk%2fUUDO0N

https://ad12.asmrc.org/



http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=6mR4tRDn%2f%2bkGxPdfh45E6zURq4pZcmzXMjwaFi7n%2fqQ%3d

AB 3254 (Committee on Local Government) Local government organization: omnibus.




Status: 7/9/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 86, Statutes of

2018.



1st House 2nd House

Summary:

The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the Act) provides the

authority and procedure for the initiation, conduct, and completion of changes of organization,

reorganization, and sphere of influence changes for cities and districts, as specified. Current law defines

various terms for purposes of that Act, including the terms “affected territory” and “inhabited territory.”

This bill would revise those definitions to include territory that is to receive extended services from a

local agency, and additionally define the term “uninhabited territory” for purposes of the Act.

Attachments:

Request Governor Signature_June 2018

CALAFCO Support

Position: Sponsor

CALAFCO Comments: This is the annual Assembly Local Government Committee Omnibus bill,

sponsored by CALAFCO. Amendments are pending to add several items.

SB 1215 (Hertzberg D) Provision of sewer service: disadvantaged communities.




Status: 9/30/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 982, Statutes of

2018.



1st House 2nd House

Summary:

The Porter-Cologne Water Quality Control Act requires each California regional water quality control

69

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=ptrQwCHXDfHeE0RbKvISFCxsV16NaT%2berNZmO%2ft2Cmkk4JcWECjgJ%2bmKFbvEaMdD



http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=x5Hlo6n7SqLifr%2fevmioEn6ZSLBv98KEvCOxBZbSAgw%3d

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=7HOMr9GjOyViCh5aNWuuxcgvu4Ebt4jTvTQFnkWQBAo%3d

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=doj4es29ZPwLId7Hr0d%2f9kO7NY6YAM9%2fDQ5FWBBDEYdE2rJueZE8wap5W1D4tJep

http://sd18.senate.ca.gov/

http://ctweb.capitoltrack.com/Bills/17Bills/sen/sb_1201-1250/sb_1215_91_C_bill.htm

http://ctweb.capitoltrack.com/Bills/17Bills/sen/sb_1201-1250/sb_1215_91_C_bill.pdf

board to adopt water quality control plans and to establish water quality objectives in those plans,

considering certain factors, to ensure the reasonable protection of beneficial uses and the prevention of

nuisance. This bill would, except as provided, authorize the regional board to order the provision of

sewer service by a special district, city, or county to a disadvantaged community, as defined, under

specified circumstances. By authorizing the regional board to require a special district, city, or county to

provide sewer service, this bill would impose a state-mandated local program.

Attachments:

CALAFCO Coalition Oppose Floor Alert_August 2018

Position: Oppose

Subject: Disadvantaged Communities, Water

CALAFCO Comments: As amended, this bill authorizes the State Water Resources Control Board

(SWRCB) to mandate extension of service or consolidation of wastewater systems - both public and

private, under certain circumstances. The process mirrors the process set forth in SB 88 giving the

SWRCB authority to mandate the same for drinking water systems. However, the bill allows for an

extension up to 3 miles with no requirements for annexation of the territory; does not provide a

definitive source of funding; does not require those will failing systems to connect to the new system;

and charges opt-out fees to those who do not.

CALAFCO attempted to work with the author's office on the primary issues of annexation and the

allowable extension limit, but were unsuccessful in securing those amendments. As a result, we joined

with CASA, CSDA, CSCA, RCRC and the League to oppose.

SB 1496 (Committee on Governance and Finance) Validations.




2018.



1st House 2nd House

Summary:

This bill would enact the Second Validating Act of 2018, which would validate the organization,

boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts,

agencies, and entities.

Attachments:

CALAFCO Support March 2018

Position: Support

70

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=9DAsq1W3jbTu6%2b8JHTg6nnA0QM989YZy41ej4hzFVnU%3d

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=wscW%2f0uLOqqb9Rc5FAWtcOkVMcJGBfnOwZNYo9N6STS45q%2fmfjEPwIfgM3Z%2fndt4



http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=6mR4tRDn%2f%2bkGxPdfh45E6xF8dt7B28DJfOCRM%2fAH4zw%3d





2018.



1st House 2nd House

Summary:

This bill would enact the First Validating Act of 2018, which would validate the organization, boundaries,

acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and

entities.This bill contains other related provisions.

Attachments:


Position: Support

Subject: LAFCo Administration





2018.



1st House 2nd House

Summary:

This bill would enact the Third Validating Act of 2018, which would validate the organization,

boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts,

agencies, and entities.

Attachments:


Position: Support

Subject: LAFCo Administration

71

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=UoMMLp9G1vPncSn7xU%2f8IHHLCv0QWM6eyXPbYclr4627fCRHfWXupm1Xx7IwMo5Y



http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=6mR4tRDn%2f%2bkGxPdfh45E60vfABVX1v39lTWpmM8K8D0%3d

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=WXU91cAqh%2fyeW57nSyIVb0GX%2bHuzeCcpBkrA5JtSqgK9BL7sVNouRrNm1smdsnNN



http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=6mR4tRDn%2f%2bkGxPdfh45E62eq1de8EtzVLluoJ2mXT0M%3d

AB 2268 (Reyes D) Local government finance: property tax revenue allocations: vehicle license fee

adjustments.

Current Text: Amended: 4/16/2018 html pdf



Status: 5/25/2018-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. SUSPENSE FILE

on 5/2/2018)

Desk Policy Dead Floor Desk Policy Fiscal Floor Conf.


1st House 2nd House

Summary:

for the 2018–19 fiscal year, would require the vehicle license fee adjustment amount to be the sum of

the vehicle license fee adjustment amount in the 2017–18 fiscal year, the product of that sum and the

percentage change in gross taxable assessed valuation within the jurisdiction of that entity between the

2017–18 fiscal year to the 2018–19 fiscal year, and the product of the amount of specified motor vehicle

license fee revenues that the Controller allocated to the applicable city in July 2010 and 1.17.

Attachments:

CALAFCO Support Letter May 2018

Position: Support

Subject: Tax Allocation

CALAFCO Comments: Sponsored by the League, this bill would have reinstated ERAF funding for

inhabited annexations.

AB 2491 (Cooley D) Local government finance: vehicle license fee adjustment amounts.




Status: 5/25/2018-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. SUSPENSE FILE

on 4/25/2018)



1st House 2nd House

72

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=Pfz74U8AzyWU8AEBKp1SsIG0%2bA0kULj6r6VqtceHQVmLZAMAm3xcl0TIRyPRxSsr


http://ctweb.capitoltrack.com/Bills/17Bills/asm/ab_2251-2300/ab_2268_97_A_bill.htm

http://ctweb.capitoltrack.com/Bills/17Bills/asm/ab_2251-2300/ab_2268_97_A_bill.pdf

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=G21s%2bDoymj4Data%2fIO3jqseiNM%2bIfalQPM%2bg%2fiI5E5c%3d

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=bFuJuCL%2f4K7%2btNAvQPctxvMUKOciBa2GW1oPl%2bHyK%2bUNAjs86Rtz%2boZ3F1Jl%2bheq




Summary:

Would establish a separate vehicle license fee adjustment amount for a city incorporating after January

1, 2012, including an additional separate vehicle license fee adjustment amount for the first fiscal year

of incorporation and for the next 4 fiscal years thereafter. This bill contains other related provisions and

other existing laws.

Attachments:


Position: Support

Subject: Tax Allocation

CALAFCO Comments: Sponsored by the League, this bill would have reinstated ERAF funding for cities

incorporating after 2017.

AB 2501 (Chu D) Drinking water: state administrators: consolidation and extension of service.





of 2018.



1st House 2nd House

Summary:

The California Safe Drinking Water Act requires the State Water Resources Control Board, before

ordering consolidation or extension of service, to fulfill certain requirements, including, among other

things, to hold a public meeting, and to establish a reasonable deadline, as prescribed, for a potentially

receiving water system and a potentially subsumed water system to negotiate consolidation or another

means of providing an adequate supply of affordable, safe drinking water. The act requires the state

board to conduct a public hearing at the expiration of the reasonable deadline, as specified. This bill

would revise and recast these provisions.

Position: Watch With Concerns

Subject: Disadvantaged Communities, Water

73

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=6mR4tRDn%2f%2bkGxPdfh45E68dhifAHaHxgl0d80zs203c%3d

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=PYFydbYzd9tmPqqj9MFgXoQ73SxMTv18xiYrc0ObrFeDkeFkEwI9%2bzVwo9nz4T%2bf




AB 1577 (Gipson D) California Safe Drinking Water Act: Sativa-Los Angeles County Water District.





of 2018.



1st House 2nd House

Summary:

The California Safe Drinking Water Act provides for the operation of public water systems and imposes

on the State Water Resources Control Board various responsibilities and duties. The act authorizes the

state board to order consolidation with a receiving water system where a public water system or a state

small water system, serving a disadvantaged community, consistently fails to provide an adequate

supply of safe drinking water. This bill would require the state board to order the Sativa-Los Angeles

County Water District to accept administrative and managerial services, including full management and

control, from an administrator selected by the state board.

Attachments:

CALAFCO Support Letter June 2018

Position: Support

Subject: Disincorporation/dissolution, Water

AB 1889 (Caballero D) Santa Clara Valley Water District.





2018.



1st House 2nd House

Summary:

The Santa Clara Valley Water District Act authorizes the district to impose special taxes at minimum

rates according to land use category and size. The district act authorizes the district to provide an

74

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=zN1kqsdXmGZheZ5G5%2f%2f0BXFq76bV87rwytGATj97AiqsYXbNdHwjra%2bUGj7enyzx




http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=x5Hlo6n7SqLifr%2fevmioEvxHb1SVM6KhPXE73Zo%2bdm0%3d

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=e993DUzcPtw75FtGXpXG2HgvJFTYSgmntCAPA8C4gNQjOLNN27hC5hvLv0iQ6TkV




exemption from these taxes for residential parcels owned and occupied by one or more taxpayers who

are at least 65 years of age, or who qualify as totally disabled, if the household income is less than an

amount approved by the voters of the district. This bill would authorize the district to require a taxpayer

seeking an exemption from these special taxes to verify his or her age, disability status, or household

income, as prescribed.

Position: Watch

AB 2019 (Aguiar-Curry D) Health care districts.





2018.



1st House 2nd House

Summary:

The Local Health Care District Law provides for local health care districts that govern certain health care

facilities. Each health care district has a board of directors with specific duties and powers respecting the

creation, administration, and maintenance of the district. Current law requires the board of directors to

establish and maintain an Internet Web site that may include specified information, such as a list of

current board members and recipients of grant funding or assistance provided by the district, if any, and

to adopt annual policies for providing assistance or grant funding, as specified. This bill would require

the board of directors to include specified information, such as the district’s policy for providing

assistance or grant funding, on the district’s Internet Web site.

Position: Watch

CALAFCO Comments: This bill places a number of statutory requirements on healthcare districts

(HCDs). One provision that directly affects LAFCo is the HCDs will be required to notify their respective

LAFCo when they file for bankruptcy.

AB 2179 (Gipson D) Municipal corporations: public utility service: water and sewer service.



75

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=BEnLZK1x6bSeNLDCG9wthubS%2f%2f24EJAlPQ0%2fFNyzKPrBGC8j0HVQGIJnx%2bqUZVj0




http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=7MfBYSkLS%2b379jacpLX4kbnDOcqXTD6O48z%2bUL9wwlSOmqvAMGe3F%2fxRv%2fJOVG1t






of 2018.



1st House 2nd House

Summary:

Current law authorizes a municipal corporation to sell or dispose of any public utility it owns. Current

law requires that a resolution authorizing the sale of a public utility be passed by 2/3 of the members of

the legislative body of the municipal corporation and be passed by a 2/3 vote of all voters voting at an

election to authorize the sale in the ordinance calling the election. Current law establishes an alternative

procedure whereby a municipal corporation can lease, sell, or transfer that portion of a water utility

used for furnishing water service outside the boundaries of the municipal corporation. This bill would

additionally authorize a municipal corporation to utilize the alternative procedures to lease, sell, or

transfer that portion of a municipal utility used for furnishing sewer service outside the boundaries of

the municipal corporation.

Position: Watch

Subject: Municipal Services

AB 2262 (Wood D) Coast Life Support District Act: urgent medical care services.




Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. INACTIVE FILE on

8/31/2018)

Desk Policy Fiscal Floor Desk Policy Fiscal Dead Conf.


1st House 2nd House

Summary:

Current law, the Coast Life Support District Act, establishes the Coast Life Support District and specifies

the powers of the district. The district is authorized, among other things, to supply the inhabitants of the

district emergency medical services, as specified.This bill would additionally authorize the district to

provide urgent medical care services.

76

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=QDwDvLHZI2MVE4IiACuCpYksdc5uZSkp%2bmdba%2fVX1VgNn%2fSDV2zBzFN3cq%2fZSx2J




Attachments:

CALAFCO Oppose Unless Amended

CALAFCO Support as amended

Position: Support

Subject: LAFCo Administration, Special District Powers

CALAFCO Comments: This is a single district bill in which the district is seeking to add the power of

providing urgent care (actually to codify powers they have been performing for a number of years). As

amended, the bill cleans up the outdated reference to the Act and adds a provision requiring the district

to seek LAFCo approval to activate the new power. As a result of these amendments, CALAFCO has

removed our opposition and now supports the bill.

AB 2339 (Gipson D) Water utility service: sale of water utility property by a city.





of 2018.



1st House 2nd House

Summary:

Would authorize the City of El Monte, the City of Montebello, and the City of Willows, until January 1,

2022, to sell its public utility for furnishing water service for the purpose of consolidating its public water

system with another public water system pursuant to the specified procedures, only if the potentially

subsumed water system is wholly within the boundaries of the city, if the city determines that it is

uneconomical and not in the public interest to own and operate the public utility, and if certain

requirements are met. The bill would prohibit the city from selling the public utility for one year if 50%

of interested persons, as defined, protest the sale.

Position: Watch

Subject: Water

SB 522 (Glazer D) West Contra Costa Healthcare District.



77

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=5WrBUfzRnfhbsXiBabYUYum3Hz4pu6zu8CK7KWZOFz0%3d

http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=5WrBUfzRnfhbsXiBabYUYhhkUnm5T7DAFii98feb8jo%3d

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=BR6F1qphFk15hPtEBb0G3%2f7JJY46J4oa5h9NeN%2bsnxB0U4VJyV1vzDg5ZJ%2f%2f9CyB




http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=26H363Ubt5yi6KWg2EYBx0CB4P4vyteElChvRYB%2bcdEpVPxFhiSsO%2bYq8sVK8qe1






2018.



1st House 2nd House

Summary:

Current law provides for the formation of local health care districts and specifies district powers. Under

existing law, the elective officers of a local health care district consist of a board of hospital directors

consisting of 5 members, each of whom is required to be a registered voter residing in the district and

whose term shall be 4 years, except as specified. This bill would dissolve the existing elected board of

directors of the West Contra Costa Healthcare District, effective January 1, 2019, and would require the

Board of Supervisors of the County of Contra Costa, at its election, to either serve as the district board or

appoint a district board, as specified.

Position: Watch

Subject: Special Districts Governance

SB 561 (Gaines R) Fallen Leaf Lake Community Services District: State audit.




Status: 8/17/2018-Failed Deadline pursuant to Rule 61(b)(15). (Last location was A. APPR. on 6/28/2018)



1st House 2nd House

Summary:

Current law requires the county auditor to either perform an audit, or contract with a certified public

accountant or public accountant to perform an audit, of the accounts and records of every special

district within the county, as specified. Current law authorizes a special district, by unanimous request of

its governing board and unanimous approval by the board of supervisors, to replace the annual audit

with an audit over a longer period of time or with a financial review, as specified. This bill would require,

by August 1, 2019, the California State Auditor to complete an audit of the Fallen Leaf Lake Community

Services District that includes, among other things, an analysis of the district’s financial condition and

ongoing financial viability.

78

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=YyBAjNMZJChMAI5TdogJfEs%2fK9A6HQFKiDaxGqpmzi2gKduv5d1PTqBhnPl1qGjA

http://gaines.cssrc.us/

http://ctweb.capitoltrack.com/Bills/17Bills/sen/sb_0551-0600/sb_561_94_A_bill.htm

http://ctweb.capitoltrack.com/Bills/17Bills/sen/sb_0551-0600/sb_561_94_A_bill.pdf

Position: Watch

Subject: Special Districts Governance

SB 623 (Monning D) Water quality: Safe and Affordable Drinking Water Fund.




Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. RLS. on 9/1/2017)

Desk Dead Fiscal Floor Desk Policy Fiscal Floor Conf.


1st House 2nd House

Summary:

Would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide

that moneys in the fund are continuously appropriated to the State Water Resources Control Board. The

bill would require the board to administer the fund to secure access to safe drinking water for all

Californians, while also ensuring the long-term sustainability of drinking water service and

infrastructure. The bill would authorize the state board to provide for the deposit into the fund of

federal contributions, voluntary contributions, gifts, grants, bequests, and settlements from parties

responsible for contamination of drinking water supplies.

Position: Watch

Subject: Water

SB 778 (Hertzberg D) Water systems: consolidations: administrative and managerial services.




Status: 8/17/2018-Failed Deadline pursuant to Rule 61(b)(15). (Last location was A. 2 YEAR on 9/1/2017)

Desk Dead Fiscal Floor Desk Policy Fiscal Floor Conf.


1st House 2nd House

Summary:

Would require, on or before March 1, 2018, and regularly thereafter, as specified, the State Water

Resources Control Board to track and publish on its Internet Web site an analysis of all voluntary and

79

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=UZkqHpNuiR4wTjiEhPBlIKcf8vVdeewAHRMYHvWXAk18o3kkoB2AmetJt%2bZge8v3




http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=55k0arWakOBaBjtsaHtfBfaI%2b9O0dRjmERTdeCebXaDm4Ly8zVC4w6U6zPzV%2btxt




ordered consolidations of water systems that have occurred on or after July 1, 2014. The bill would

require the published information to include the resulting outcomes of the consolidations and whether

the consolidations have succeeded or failed in providing an adequate supply of safe drinking water to

the communities served by the consolidated water systems.

Position: Watch

Subject: Municipal Services

SB 929 (McGuire D) Special districts: Internet Web sites.





2018.



1st House 2nd House

Summary:

The California Public Records Act requires a local agency to make public records available for inspection

and allows a local agency to comply by posting the record on its Internet Web site and directing a

member of the public to the Internet Web site, as specified. This bill would, beginning on January 1,

2020, require every independent special district to maintain an Internet Web site that clearly lists

contact information for the special district, except as provided. Because this bill would require local

agencies to provide a new service, the bill would impose a state-mandated local program.

Attachments:

CALAFCO Support letter May 2018

Position: Support

SB 1498 (Committee on Governance and Finance) Local Government Omnibus Act of 2018.





2018.

80

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=DA3qDMwRWSWpnrA4C7B1qCx2XFO06ha9tzGY1Y2XKXpmcmiSWhn2M%2bxmVI44UH2d




http://ctweb.capitoltrack.com/public/publishviewdoc.ashx?di=G1C0A0alSBY8JpQwQ0q3gNp908u%2b5Ey3JgTjInr861M%3d

http://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=olz34hYdPj5fM91ju8JfDnxs8w%2biR%2fRMtpLw2g1vkwr4uxwGdliITcsJ4NBsMrHP





1st House 2nd House

Summary:

Current law sets forth various provisions governing cities that reference various officers and employees.

This bill would make these references gender neutral.

Position: Watch

CALAFCO Comments: This is the annual Senate Governance & Finance Committee Omnibus bill.

Total Measures: 24

Total Tracking Forms: 24

10/10/2018 7:51:54 AM

81


STAFF REPORT




Linda Parks, Vice Chair Janice Parvin Elaine Freeman, Chair David J. Ross






Agenda Item 15


FROM: Kai Luoma, Executive Officer

SUBJECT: Attendance of Alternate Commissioners at Closed Session

RECOMMENDATION:

Determine whether the alternate commissioners have an “essential role to play” in the closed session described in Item 16 and thus may attend the closed session.

DISCUSSION:

Agenda Item 16 is a closed session to consider the performance evaluation for the LAFCo Executive Officer. According to the state Attorney General, LAFCo alternate commissioners may not attend closed sessions unless they are filling in for a regular commissioner or unless the Commission determines "they would have 'an official or essential role to play in the closed session.'"

In the past, it has been implied that the Commission has made such a determination when it invited the alternate commissioners to participate in previous closed sessions for the Executive Officer’s performance evaluations. However, beginning in 2016 the Commission began a new practice to make a formal determination that the alternate commissioners have “an essential role to play” in the closed session before they are invited to attend.

82

agenda wednesday, october 17, 2018 · 17/10/2018 · please note that for an item on today’s...

Documents