why clerks do what they do

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


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


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


What’s Ahead

Why LAFCo was createdLAFCo’s history, legal role and

functionsLAFCo resourcesYour questions


Promote orderly growth

Prevent sprawl

Preserve agriculture and open space

Assure efficient, sustainable public services


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??


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?


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


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


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


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


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


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


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


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.”


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


Typical Sphere of Influence Map


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.”


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


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


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


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


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


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


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


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


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


Promote orderly growth

Prevent sprawl

Preserve agriculture and open space

Assure efficient, sustainable public services


www.calafco.orgInformation and resources on LAFCo law and process

why clerks do what they do

Documents

statewide agency local

multiple local governmentswhy

difference clerks

state appointmentsa

public member29 lafcos

fulltime clerks2858

different hats

different roles