w hy c lerks d o w hat t hey d o... different roles for different lafcos staff/county size makes a...
TRANSCRIPT
WHY CLERKS DO WHAT THEY DO...
Different Roles for Different LAFCOs
staff/county size makes a difference
clerks, secretaries, office assistants, combination titles
2009/2010 Survey Reveals: 58/58 LAFCOs have a clerk position
(only 23/58 LAFCOs have analyst positions)
26/58 LAFCOs have full-time clerks
28/58 clerks are LAFCO employees
hourly pay ranges between $17 and $35
WHY CLERKS DO WHAT THEY DO...
Different Hats for Different Clerks office manager - accounting/purchasing/budgeting
analytical support - report writing/proposal processing/GIS
human resources - payroll/timekeeping/performance evaluations
records management - meeting minutes/resolutions/historical archiving
public relations - constituent inquiries/noticing/ website administration
WHY CLERKS DO WHAT THEY DO...
Delightful Daily Details processing + tracking + completing proposals
Walking Through a Proposal in CKH
requirements, blind spots, and best (better) practices
- see handout
PROPOSAL: ____________________________________________________________ DATE STAFF
☐ Preliminary Consultation (All Proposals) Staff will review the procedures, requirements, and associated fees with the applicant.
☐ Proposal Filing (All Proposals)
Filing shall include a (a) completed justification for proposal, (b) application fee, (c) draft map and geographicdescription, and (d)landowner/ voter petition or agency resolution. (56652; 56653; 5654)
☐ Notice of Review (All Proposals) Staffwillprepareandcirculateanoticeof reviewof theproposal to all affected localagencies. Commentperiod shouldbeno less than20days. (56658(b))
☐ Certificate of Sufficiency/ Notice of Insufficiency (Petition Proposals) Within 30 days after receiving a proposal, staff shall have the petition examined by County Elections (registered voter) or County Assessor (landowner) to ensurethesignaturesarecorrect. Staffshall issueacertificateof sufficiencyornoticeof insufficientlybased ontheresultsofthe verification process. (56706)
☐ Notices on Property Tax Exchange (All Proposals) Staff will prepare and issue separate notices to the (a) Assessor and Auditor and (b) affected agencies regarding the negotiation orconfirmation of a property tax exchange for the proposal. (99(b)) □ Confirmation of Property Tax Exchange Agreement
☐ Notice to Elections (Inhabited Proposals) Staff will preparealist of all propertieslocated within300feetof theaffected territoryforCountyElections forthepurposeof receivingalist of registered voters. The notice should be issued no less than 14 days after the proposal has been filed.
☐ Status Letter (All Proposals) Staffwillprepareandissuealetterto theapplicantacknowledgingthereceiptandstatusof theproposal. Thelettermust beissued no lessthan 30 days after the proposal has been filed with LAFCO. (56658(d))
PROCESSING CHECKLIST
☐ Certificate of Filing (All Proposals) Staff will prepareand issueacertificateof filingwhen thereviewof the proposal is completeand readyfor Commission consideration.Thecertificateshall not beissued no soonerthan 20daysafter therequest forreview. Thehearingdatemust bewithin 90days afterthecertificate has been issued. (56658(e)(g)(i))
☐ Public Notice (Inhabited Proposals or Uninhabited Proposals w/ o 100% Consent)Staffwillprepareandissueapublicnoticeonthehearingdatefortheproposal. Thepublicnoticeshallbeposted,published, andmailedto all registered voters and landowners within 300feet of the affected territory no less than 21 days before thescheduled hearingdate.(56153; 56154; 56156; 56158)
☐ Staff Report (All Proposals) Staff will prepare a report with a recommendation on the proposal for Commission consideration. (56668)
☐ Commission Hearing (All Proposals) Approve □ Approve with Modifications □ Deny □
☐ Confirmation Letter (All Proposals)Staff will prepareand issuealetter to theapplicant summarizingtheactions of theCommission. Thelettershall outlineanytermsandconditions associated with approval.
☐ Environmental Determination Filing (All Proposals) Staff will prepare and file the appropriate environmental determination for the proposal with the County Clerk-Recorder. The filingshould be made no less than five days after Commission action.
☐ Notice of Protest Hearing (All Proposals Unless Waived) Staff will schedule a protest hearing on the proposal within 35 days after Commission action. Noticewill beposted, published, andmailed to all landowners and/ or registered voters within 21 to 60 days before the hearing date. (57002; 57025; 57026)
☐ Protest Hearing (All Proposals Unless Waived) Staff will conduct a protest hearing to receive written opposition from affected landowners or registered voters. (57050)
☐ Resolution of Protest Hearing (All Proposals Unless Waived) The Commission will adopt a resolution confirming the protest hearing results at a public meeting. (57075)
☐ Completion of Terms and Conditions (All Proposals) □ Final Map and Geographic Description
□ Signed Indemnification Agreement
□ Outstanding Fees
□ Special Conditions
□ Agency Confirmation, If Needed
☐ Certificate of Completion (All Proposals) Staff will prepare and issue a certificate of completion for the proposal once it determines all required terms havebeen satisfied. Thecertificate may not be issued before the 30-day reconsideration period ends. (57200; 57201; 57202)□ Copy of Certificate of Completion Mailed to Applicant
☐ Tax Rate Area Assignment Request (All Proposals) Staff will issue a written request to the Auditor’s Office for a tax rate assignment for the affected territory.
□ Tax Rate Area Assignment Received
☐ Statement of Change in Boundaries Submittal (All Proposals) Staff willprepareandfileastatement of changeinboundaries to theStateBoard of Equalization. Thestatement willbeaccompaniedbythe certificate of completion and filing fee. □ Confirmation of Statement of Change in Boundaries
☐ Proposal Contents Transferred to Laserfiche (All Proposals)□ Application Materials □ Staff Report □ Certificate of Completion
□ Status Letter □ Environmental Filing □ SBE Submittal □ Certificate of Filing □ Indemnification Agreement □ SBE Acknowledgment
California Association of Local Agency Formation Commissions
LAFCo 101 for ClerksAn Introduction to Local Agency Formation CommissionsKeene Simonds, Executive Officer,
Napa LAFCoKate McKenna, Executive Officer,
Monterey LAFCo
April 2011
California Association of Local Agency Formation Commissions
What’s Ahead
Why LAFCo was createdLAFCo’s history, legal role and
functionsLAFCo resourcesYour questions
California Association of Local Agency Formation Commissions
Promote orderly growth
Prevent sprawl
Preserve agriculture and open space
Assure efficient, sustainable public services
California Association of Local Agency Formation Commissions
1. Forms new cities and special districts
2. Changes boundaries
3. Changes authorized services
4. Allows service extensions
5. Establishes Spheres of Influence Performs municipal service reviews
6. Reorganizes local agencies Annexation, consolidation, merger,
dissolution, disincorporation
What Does LAFCo Do??
California Association of Local Agency Formation Commissions
Post World War II population and housing boom in California
Freeway suburbs; scramble to
finance and extend servicesCity annexation "wars;"
proliferation of limitedpurpose special districts
Confusion with multiple local governments
Why Create a LAFCo?
California Association of Local Agency Formation Commissions
No state commission or statewide agency
Local control; no state appointments
A LAFCo in every county Each LAFCo independentLocal flexibility – Local policiesUnique to California
Legislative Solution: Local Flexibility of State Law
California Association of Local Agency Formation Commissions
Nearly 50 Years of LAFCo1963 – Knox Nesbitt Act1965 – District Reorganization Act1971 – Spheres of Influence1972 – Districts seated on LAFCo1985 – Cortese Knox Local
Government Reorganization Act2000 – Cortese Knox Hertzberg
Local Government Reorganization Act
California Association of Local Agency Formation Commissions
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
1. Spheres of Influence
2. Municipal Service Reviews
3. LAFCo Independence
4. Adopt local policies
Significantly amended mission and structure of LAFCo
California Association of Local Agency Formation Commissions
All Local: 2 county supervisors, 2 city council members, 1 public member
29 LAFCos also have 2 special district members
An alternate member in each category
All members are required by law to represent the interests of the entire public
LAFCo CompositionCommissions a Unique Mix
California Association of Local Agency Formation Commissions
Includes:Counties, cities, most special districts
Does NOT include: Redevelopment agencies or JPAs Community facilities or Mello-Roos districts School or college districts County boundary lines Bridge and highway districts Transit or rapid transit districts Improvement districts
Jurisdiction – Local Agencies
California Association of Local Agency Formation Commissions
Develop and update Spheres of Influence for cities and districts
Prepare Municipal Service Reviews for all local agencies
Work cooperatively with public and private agencies and interests on growth, preservation and service delivery
Share information with Metropolitan Planning Organizations and others
As a PLANNING Agency
California Association of Local Agency Formation Commissions
Approves modification of existing agencies – consolidations, annexations, reorganizations, dissolution – and formation of new ones
Approves boundary changes if consistent with spheres
Controls extension of public services
Is prohibited from directly regulating how land is used, but …
As a REGULATORY Agency
California Association of Local Agency Formation Commissions
Spheres of Influence §56425
(a) “… the commission shall develop and determine the sphere of influence of each local governmental agency within the county and enact policies designed to promote the logical and orderly development of areas within the sphere.”
California Association of Local Agency Formation Commissions
In determining the SOI the commission considers … 1.Present and planned land uses,
including agricultural and open-space
2.Present and probable need for public facilities and services
3.Present capacity of public facilities and adequacy of public services
4.Existence of any social or economic communities of interest
Spheres of Influence §56425
California Association of Local Agency Formation Commissions
Typical Sphere of Influence Map
California Association of Local Agency Formation Commissions
Spheres of Influence Includes Recommended Reorganizations“The commission may recommend governmental reorganizations to particular agencies in the county, using the spheres of influence as the basis for those recommendations.”
California Association of Local Agency Formation Commissions
Municipal Service Reviews §56430
“In order to prepare and to update spheres of influence the commission shall conduct a service review of the municipal services provided in the county …” All spheres updated by
January 1st 2008 Subsequent reviews
every five years, as necessary
California Association of Local Agency Formation Commissions
Service Reviews Have Details on Local Agencies
Growth projections of affected area Present and planned service and
facility capacity Financial ability of agency Opportunities for shared facilities Accountability, structure,
efficiencies Other matters of effective or
efficient service delivery
California Association of Local Agency Formation Commissions
When Are SOI/MSRs Done?Law required all spheres to be
updated by 1 January 2008 Includes an MSR for each Sphere
Subsequent sphere reviews every five years, as necessary Leaves “as necessary” to local policy 1 January 2013 next deadline
MSR required with sphere update
California Association of Local Agency Formation Commissions
Adopt local policies Commissions make final
decisions; cannot be appealed to other administrative bodies
Appoint an Executive Officer and Legal Counsel
Can contract for staff servicesAdministrative authority as an
independent public agency
LAFCo is Independent
California Association of Local Agency Formation Commissions
The Courts Support LAFCo Authority“Engaged in the pursuit of
an overriding State purpose”
Is quasi-legislative; limited legal challenge to decisionsDeterminations vs. findings
Is the Legislature’s “watch dog” on local governments
California Association of Local Agency Formation Commissions
Commissions adopt a budget each fiscal year
Funded by the county, cities and – when seated on LAFCo – special districtsLocal funding formulas allowed
Processing fees offset expenses for specific applications
Challenges of funding LAFCo LAFCo review of fundersSevere economic conditions
facing agencies
LAFCo is Funded Locally
California Association of Local Agency Formation Commissions
Political Reform ActAnnual filing of assets and
campaign contributions is requiredAutomatic disqualification from
decisions related to entitlements for use
No disqualification on actions related to home jurisdiction
Brown ActCEQA
Subject to State Laws
California Association of Local Agency Formation Commissions
LAFCo Resources
Municipal Service ReviewsMaps of Boundaries and SpheresHistory of Formation and
Changes to Local Agencies Boundaries and Authorized Powers
Local Agency Governance and Contact Information
CKH Act and Local Policies & Procedures
California Association of Local Agency Formation Commissions
Balance resource preservation with pressure for housing & jobs
Infill vs sprawlRegional land and transportation
planningWater; infrastructure availabilityUrbanization outside of citiesViable local agencies and
services
Issues on the Horizon
California Association of Local Agency Formation Commissions
Promote orderly growth
Prevent sprawl
Preserve agriculture and open space
Assure efficient, sustainable public services
California Association of Local Agency Formation Commissions
www.calafco.orgInformation and resources on LAFCo law and process