California Association of Local Agency Formation Commissions

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2 What Ahead? Overview of LAFCO What are the things we do and the roles that we play in this process? What are the real stories behind the CKH Act? We have an awesome group of professors/story tellers! Time to tell your story? We hope so!

3 LAFCO 101 Presenters Roseanne Chamberlain Executive Officer Amador LAFCO 3

4 What is LAFCO? A public agency for each county established by the Cortese-Knox- Hertzberg Local Government Act. Formally - Boundaries, Municipal Service Reviews, Spheres, Service Extensions, Organize local governments Informally Educate, Influence Coordinate Agencies, Facilitate & Mediate Serve the Public-Implement the Law and locally adopted policies

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6 Nightmare

7 Jigsaw

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9 Lack of Organization of Local Governments Traffic congestion, air pollution and strained water resources Uneconomic Use of Regional Resources Numerous uncoordinated local governments make government expensive Lack of public interest in local government and regional growth Reform of Local Governmental Reorganization Law Orderly Growth and Resource Protection Local Fiscal Reform Guiding Future Growth Local Government Efficiency Public Interest in Government

10 LAFCO Composition Minimum: 2 County Supervisors 2 City Council members 1 public member 30 LAFCOs also include: 2 Special District members Some LAFCOs also include: 1 or more Special seat(s) 1 Alternate 1 Alternate 1 Alternate 1 Alternate 1 Alternate

11 Cities Special Districts Cemetery districts Community Service Districts (CSDs) County Service Areas (CSAs) Fire Protection Districts Hospital and Healthcare Districts Library Districts Municipal Utility Districts Reclamation Districts Recreation and Parks Districts Resource Conservation Districts Sanitation Districts Within LAFCO s Jurisdiction LAFCOs regulate the boundaries of: Water Districts (County Water Districts, County Waterworks Districts, Irrigation Districts, and Municipal Water Districts)

12 Not Within LAFCO s Jurisdiction State law prohibits LAFCOs from imposing terms and conditions which directly regulate land use, property development, or subdivision requirements County boundaries Boundaries of: Air pollution/quality Districts Bridge and highway districts Community college districts Community facilities or Mello-Roos districts Improvement districts School districts Transit or rapid transit districts Water companies (mutuals and privates)

13 What Do Boundaries Mean? Boundaries Define the Geographic Area Within Which a Government Agency Can Exercise Its Powers: Corporate Powers Police Powers Taxation Powers Boundaries Define Election/Voting Privileges

14 Powers of LAFCO Create new cities (Incorporations) or eliminate existing cities (Disincorporations) Create new special districts (Formations) or eliminate existing special districts (Dissolutions) Unite two or more cities or two or more special districts (Consolidations) Eliminate an existing special district and assign its duties and functions to an existing city (Merger)

15 What LAFCO can do? (continued) Chages to Boundaries: Add territory to existing cities or special districts (Annexations) or remove territory from existing cities or special districts (Detachments) Allow service outside of existing city or special district boundaries (Out-of-Agency Service Extensions) Adopt and amend Spheres of Influence (Connection between services and land use planning) Prepare Municipal Service Reviews (Background to inform decisions) Change authorized services of districts (Exercise of New or Different Functions or Classes of Services)

16 Informal Powers of LAFCO Educate Ourselves Do the homework; master CKH Learn all you can about your agencies and their officials and staff (MSR) Understand agencies history & culture Get a seat at the table with your professional colleagues (management planning & administration) Become a resource for useful information and assistance, help others do their job 16

17 Informal Powers - Education Educate Others Commissioners ensure they know enough to render sound decisions Agencies understand LAFCO sufficiently to integrate with our legal and policy requirements Public increase understanding and support for our mission; provide clear reliable information; be transparent & pro-active 17

18 Informal Powers of LAFCO Coordinate Among Agencies Build a reputation for LAFCO as a fair & honest broker, no agenda Add value, collaborate, become a resource for reliable information Build communication bridges among others, be the go-between Facilitate & Mediate 18

19 Having The Right Stuff LAFCO decisions are both technical and political Staff represents LAFCO every day Personal values matter Fairness,Transparency,Reliability The public is our client not the applicants 19

20 Clerks Role Paula Graf, clerk/analyst Imperial lafco

21 Start with a checklist! Receipt of Application Schedule a pre-application meeting (as needed) Review application for accuracy, ensure a deposit is received Incomplete Application Issue a letter to the applicant stating what is needed prior to proceeding. Coordinate with EO and other agencies. Go the extra step and make sure to follow up! Don t wait for the snail mail. Complete Application Issue a Certificate of Filing (90 Day Clock Starts)

22 Preparing for Hearing Call Commissioners to confirm attendance Prepare agenda and submit to EO/Legal for review/approval 21 Day Notice of Hearing Publish agenda in the newspaper 21 days prior to hearing (GC 56154) Mail public notices (if applicable) Post to webpage and outside the LAFCO office bulletin board agenda to Commissioners/Distribution List/Applicant

23 Preparing for Hearing Ensure applicant account is current and deposit on hand Compile documents for each item on the agenda (Minutes, Reso s, Tax Agreements, etc.) Prepare EO report/hearing packet for Commissioners Deliver/mail/ hearing packet to Commissioners/Legal hearing packet to applicant/city/distribution list Upload hearing packet to webpage Prepare binders for EO/Accountant/Clerk Print copies of agenda/eo reports for the public Make sure recorder is charged and has storage

24 Day of Hearing Start with some coffee! Set-up at least 30 minutes prior to the start of hearing, or the day prior if needed Test microphones/recording system Set-up documents for the public Check the clock and notice it s past the start time, call the Commissioners to see where they are!

25 Post Hearing Prepare resolutions and send to applicant/city for compliance Prepare a Certificate of Completion once all required documents are received Record the Certificate of Completion with the County Recorders Submit a copy of the recorded document/check/sboe form to SBOE Receive Acknowledgement letter from SBOE Submit a Notice of Boundary Change to agencies/applicant Prepare final billing, organize/scan file Close out file

26 LAFCO 101 Presenters Robert Barry, AICP Chief Analyst San Diego LAFCO 26

27 Spheres of Influence a plan for the probable physical boundaries and service area of a local agency, as determined by the Commission. To avoid this: 56425(a) the commission shall develop and determine the sphere of influence of each city and each special district within the county and enact policies designed to promote the logical and orderly development of areas within the sphere. 27

28 SOI Determinations 56425(e): in determining the SOI, the Commission shall consider: Present and planned land uses, including agricultural and open-space lands Present and probable need for public facilities and services Present capacity of public facilities and adequacy of public services Existence of any relevant social or economic communities of interest in the area Present and probable need for water, sewer, fire protection facilities and services of any Disadvantaged Unincorporated Communities* 28

29 Typical SOI Map 29

30 Coterminous SOI 30

31 Municipal Service Reviews On or before January 1, 2008, and every five years thereafter, the Commission shall, as necessary, review and update each SOI 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 or other appropriate area designated by the commission. and shall prepare a written statement of its determinations with respect to each of the following: 31

32 MSR Determinations Growth and population projections Location and characteristics of any Disadvantaged Unincorporated Communities within and contiguous to SOI Present and planned capacity of facilities, adequacy of services, and infrastructure needs or deficiencies including Needs or deficiencies related to sewer, water, and structural fire protection in any Disadvantaged Unincorporated Communities within or contiguous to SOI 32

33 MSR Determinations Financial ability to provide services Status of shared facilities and opportunities for shared facilities Accountability for community service needs, including governmental structure and operational efficiencies Any other matter related to effective or efficient service delivery, as required by Commission policy 33

34 LAFCO Approaches to Conducting MSRs Individual MSR per agency Grouped by type of district (e.g. fire district, water districts, etc.) Grouped by type of service (e.g. levee maintenance) Grouped by region or area 34

35 Statutory Requirements Municipal Service Review Determinations Sphere of Influence Determinations All Commission decisions on changes of organization or reorganizations must be consistent with SOIs of affected agencies 35

36 Municipal Service Reviews May assess alternatives for improving efficiency and affordability of infrastructure and service delivery within and contiguous to the sphere of influence, including consolidation of governmental agencies Commission shall conduct a service review before, or in conjunction with, but no later than the time it is considering an action to establish or to update a SOI 36

37 MSR-SOI Data Sources Audited Financial Statements/Budgets General Plans/Master Service Plans Capital Improvement Programs Census Bureau Department of Finance State Controller's Office Office of Planning and Research Metropolitan Planning Organizations 37

38 LAFCO 101 Presenters David Ruderman Colantuono, Highsmith & Whatley Legal Counsel, Yuba & Calaveras LAFCOs 38

39 LAFCOs are Independent Provides own office, equipment, personnel Appoints an Executive Officer Appoints a Legal Counsel Can contract for staff services Administrative authority as an independent public agency 39

40 Commissioners are Independent, too Exercise independent judgment on behalf of public, not appointing agency Based on CKH and local LAFCO policies not solely on interests of appointing agency LAFCO Hat involves a broader perspective representing public as a whole 40

41 LAFCO is Funded Locally Must adopt a budget for each fiscal year by June 15 Funded by the county, cities, and special districts (usually in equal shares) Local funding formulas are allowed Processing fees help offset expenses 41

42 Legal Counsel s Role Prevent lawsuits by ensuring procedural & substantive legal compliance Win lawsuits when they arise Provide legal advice on LAFCO s options Does not provide a policy perspective 42

43 LAFCOs Legal Role LAFCO is the Legislature s watchdog over local governments While powers are broad, LAFCO jurisdiction is limited to actions and powers granted by statute Must consider land use issues but cannot directly regulate land use 43

44 Cortese-Knox-Hertzberg Act Brown Act / Public Records Act CEQA Revenue & Tax Code Political Reform Act / Other Conflict of Interest Laws Principal Acts Subject to State Laws 44

45 Limited Legal Challenge LAFCO decisions are quasi-legislative Determinations vs. findings Not appealable to any other body except the courts Short period to file suit Limited legal challenge to decisions Upheld as long as decision is not arbitrary and capricious 45

46 LAFCOs Key Legal Concerns Must act in accordance with state law and locally adopted policies Comply w/ CEQA as lead or responsible agency Must adopt findings to support decision (McBail) 46

47 Litigation Any decision can be litigated, so it is a good idea to do thorough reports and make good findings supported by record evidence as a routine practice Still, the riskier projects tend to identify themselves Talk to your counsel early and often about those Make a good record 47

48 Avoiding Litigation Preventing litigation can be summarized as Avoid procedural error Ensure there is substantial evidence to support every required finding Common procedural errors Notice Making all the findings and tying findings to evidence Allowing a fair hearing, avoiding bias and conflicts of interest 48

49 Current Challenges Balance resource preservation with pressure for housing Water, water, water (SGMA implementation, water systems, etc.) Urbanization outside of cities no funding for future incorporations or inhabited annexations Viable local agencies and services shared services 49

50 CALAFCO Professional education (annual conference, staff workshop, CALAFCO University) Technical resources (research reports/white papers, contact directory, library, list serves, The Sphere, etc.) Statewide coordination Resource to legislature and other organizations 50