District City County. CHANGING HATS AN INTRODUCTION TO LAFCO CALAFCO ANNUAL CONFERENCE MONTEREY...

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CountyCounty

CHANGING HATSCHANGING HATS

AN INTRODUCTION TO LAFCO

CALAFCO ANNUAL CONFERENCE

MONTEREY

SEPTEMBER 7, 2005

DAN SCHWARZ, EXECUTIVE OFFICER

LAFCO of NAPA COUNTY

OVERVIEWOVERVIEW• HISTORY • NUTS AND BOLTS• MISSION AND POLICIES• POWERS AND TYPES OF

DECISIONS• THE PUBLIC PROCESS• CALAFCO• TEAMWORK

Welcome to Welcome to the Year 42 A.L.the Year 42 A.L.

In the dark ages, before LAFCO…In the dark ages, before LAFCO…

• Different actsDifferent acts

• Discretion in Board of Supervisors Discretion in Board of Supervisors or Annexing Agencyor Annexing Agency

(2005)

Problems

Nightmare

Jigsaw

LEGISLATIVE LEGISLATIVE COMPROMISECOMPROMISE

No State CommissionNo State Commission

Local ControlLocal Control

A LAFCO in every county A LAFCO in every county (except San Francisco)(except San Francisco)

Evolution of LawsEvolution of Laws Until 1985 three acts governed Until 1985 three acts governed

annexations and other LAFCO annexations and other LAFCO reviewsreviews Knox-Nisbet Act (LAFCO law)Knox-Nisbet Act (LAFCO law) Municipal Organization Act (cities)Municipal Organization Act (cities) District Reorganization Act District Reorganization Act

(districts)(districts)

Cortese-Knox Act combined the Cortese-Knox Act combined the three in 1985three in 1985

Population GrowthPopulation Growth

IssuesIssues Reform of Local Governmental Reform of Local Governmental

Reorganization LawReorganization Law Orderly Growth and Resource Orderly Growth and Resource

ProtectionProtection Local Fiscal ReformLocal Fiscal Reform Guiding Future GrowthGuiding Future Growth Local Government EfficiencyLocal Government Efficiency Public Interest in GovernmentPublic Interest in Government

IssuesIssues1960 20001960 2000

Lack of Organization of Lack of Organization of Local GovernmentsLocal Governments

Traffic congestion, air Traffic congestion, air pollution and strained pollution and strained water resourceswater resources

Uneconomic Use of Uneconomic Use of Regional ResourcesRegional Resources

Numerous uncoordinated Numerous uncoordinated local governments make local governments make government expensivegovernment expensive

Lack of public interest in Lack of public interest in local government and local government and regional growthregional growth

Reform of Local Reform of Local Governmental Governmental Reorganization LawReorganization Law

Orderly Growth and Orderly Growth and Resource ProtectionResource Protection

Local Fiscal ReformLocal Fiscal Reform Local Government Local Government

EfficiencyEfficiency Guiding Future Guiding Future

GrowthGrowth Public Interest in Public Interest in

GovernmentGovernment

Cortese-Knox-Hertzberg Cortese-Knox-Hertzberg Local Government Local Government

Reorganization Act of 2000Reorganization Act of 2000

Known as Local Government Known as Local Government Reorganization ActReorganization Act

Funding Formula Changed 1/3-1/3-Funding Formula Changed 1/3-1/3-1/31/3

LAFCO now conducts protest LAFCO now conducts protest hearingshearings

Municipal Service Reviews Reviews Municipal Service Reviews Reviews (aka MSRs and Service Reviews) (aka MSRs and Service Reviews) required by 1/1/2006 required by 1/1/2006

What Didn’t ChangeWhat Didn’t Change

The acronymThe acronym

Most things about the annexation Most things about the annexation process and the institution of LAFCOprocess and the institution of LAFCO

Ha Ha

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There is a LAFCO in each of There is a LAFCO in each of California’s 58 counties.California’s 58 counties.

The standard composition is The standard composition is 5 or 7 members.5 or 7 members.

Nut and BoltsNut and Bolts

LAFCOs reflect the body LAFCOs reflect the body politic of the county:politic of the county:

• All LAFCOs have members from the Board of Supervisors.

• All have at-large representatives of the general public.

• Nearly all have members from city councils.

• Many LAFCOs have members appointed by the independent special districts in the county.

Alternate CommissionersAlternate Commissioners

• Each authority that appoints members to LAFCO also appoints one alternate.

• Alternates may attend and participate in LAFCO meetings, but may only vote when a member appointed by the same authority is absent.

• Most LAFCOs allow alternates to participate in closed session deliberations, though some bar alternates per an Attorney General opinion.

IndependenceIndependence

“Where you stand depends

on where you sit.”

The Legislature calls upon all commissioners to take off their county, city, or special district hats and sit as members of LAFCO.

DistrictDistrictCityCity

CountyCounty


• The CKH Act of 2000 mandated that all LAFCOs become independent of the county.

• G.C. §56381 was added in 2000 and creates a “pay to play” system for LAFCO. All agencies that are eligible to seat members on LAFCO must contribute to the LAFCO budget:

In counties where the Board of Supervisors, cities, and special districts are seated on LAFCO, the county pays one-third, the cities pay one-third, and the special districts pay one-third.

In counties where only the Board of Supervisors and cities are represented, or where only the Board of Supervisors and special districts are represented, each pays one-half of the LAFCO budget.


• Each LAFCO must appoint an Executive Officer and a Legal Counsel. These individuals can be employees of LAFCO, employees of another agency assigned to LAFCO through an agreement, or independent consultants.

• Each LAFCO must adopt policies and procedures.

• Each LAFCO may (and should) adopt a fee schedule.

Staff ReportsStaff Reports

• The Executive Officer is required by G.C. §56665 to prepare and issue a staff report for each complete application filed with LAFCO.

• The staff report must contain recommendations concerning the application.

WebsitesWebsites

• The Commission on Local Governance for the the 21st Century called upon all LAFCOs to operate websites.

• G.C. §56661 requires that public notices be published to LAFCO websites.

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MISSIONMISSIONTo encourage the orderly formation of

local governmental agencies.

To discourage urban sprawl.

To preserve agricultural lands.

MISSIONMISSIONTo encourage the orderly formation of local

governmental agencies.

Sacramento Metropolitan Fire District: 417 square mile fire district in Sacramento and Placer counties is comprised of territory that once fell within the boundaries of 18 different fire districts.

Mission Viejo: The city was preceded by a community services district.

Service Review and Sphere of Influence Review Programs

MISSIONMISSIONTo discourage urban sprawl.

Ventura Greenbelt Agreements: LAFCO recognizes greenbelt agreements entered into by county and cities.

Santa Clara Urban Service Areas (USA) policies: LAFCO has developed a special planning boundary for urban services for each of its cities.

Recognition of urban growth boundaries within general plans.

MISSIONMISSIONTo preserve agricultural lands.

Yolo LAFCO Agricultural Conservation Policy – extensive policies providing details and definitions of protected lands. Calls for mitigation of annexation of agricultural lands by requiring preservation of similar lands in a 1:1 ratio.

Santa Clara Policy on Gilroy Agricultural Lands – LAFCO policy to recognize an interjurisdictional effort to protect agricultural lands.

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The Art of LAFCOThe Art of LAFCOThe Art of LAFCOThe Art of LAFCO

Using Determinations to Add Local Context

and Further the LAFCO Mission


LAFCO law does not ask the Commission to make findings – deductions of fact. Rather, the Commission makes determinations, drawing inference and making statements of its judgment and decisions.


Examples:

There are no public agencies within reasonable proximity to the Circle Oaks County Water District capable of assuming its service responsibilities.

The City of St. Helena requires improvements to its distribution system to account for the significant disparity between recent water production and actual water demand within its service area.

Does a California statute granting voting rights in incorporation elections only to residents within the proposed city boundaries violate the Equal Protection Clause of the Fourteenth Amendment?

POWERS AND POWERS AND TYPES OF DECISIONSTYPES OF DECISIONS

Service ReviewsService Reviews

• Get away from agency perspective and turf battles typical of sphere studies

• Customer perspective• Look for opportunities for more

efficient public services

• Need to complete by 1/1/2006 or earlier for sphere of influence adoption or update!

Service Review SubjectsService Review Subjects• Financing constraints and

opportunities • Cost avoidance opportunities• Opportunities for rate restructuring• Opportunities for shared facilities• Government structure options,

including advantages and disadvantages of consolidation or reorganization of service providers

• Evaluation of management efficiencies

• Local accountability and governance.

Spheres of InfluenceSpheres of Influence

• Plan for the probable future boundaries of a city or district

• Resolution, determination, map, optional policies

• Carry out mission based upon local circumstances

• Coordinate services and plans• Resolve turf issues

• LAFCO must prepare for each agency and update at least every five years

• LAFCO must make determinations

• LAFCO must have service review done

• Annexations must be consistent

Spheres ofSpheres of InfluenceInfluence

SphereSphere DeterminationsDeterminations1. The present and planned land uses in the area,

including agricultural and open-space lands.

2. The present and probable need for public facilities and services in the area.

3. The present capacity of public facilities and adequacy of public services which the agency provides or is authorized to provide.

4. The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency.

Fenwick

Sphere Maps— “Normal”

Other Sphere TypesOther Sphere Types

• Status Quo (no change from current boundaries)

• Zero (eventually go out of existence)

Boundary Change Process

Annexation Factors – G.C. 56668Annexation Factors – G.C. 56668

Existing land useExisting land usePopulation and growthPopulation and growthConformity to general plans Conformity to general plans Regional housing needsRegional housing needs

Adequacy of services and future service needsAdequacy of services and future service needsAbility to finance and provide serviceAbility to finance and provide serviceAlternatives and effects on adjacent areaAlternatives and effects on adjacent area

Conformity to LAFCO policiesConformity to LAFCO policiesConsistent with spheres of all affected agenciesConsistent with spheres of all affected agenciesEffect on agricultural landsEffect on agricultural landsLogical boundariesLogical boundariesAvailability of waterAvailability of water

Landowner and local agency commentsLandowner and local agency comments

DetachmentsDetachments

Term in law for Term in law for “deannexation”“deannexation”

Process similar to annexationProcess similar to annexation

ReorganizationReorganization More than one areaMore than one area

– Annex Riverview Acres to Water DistrictAnnex Riverview Acres to Water District– Detach Mountain Reserve from Water DistrictDetach Mountain Reserve from Water District

More than one agency boundary being More than one agency boundary being changedchanged– Annex to City AAnnex to City A– Detach from Resource Conservation DistrictDetach from Resource Conservation District– Detach from Rural Fire Protection DistrictDetach from Rural Fire Protection District– Detach from County Service AreaDetach from County Service Area

Miscellaneous ChangesMiscellaneous Changes

ConsolidationsConsolidations MergersMergers Subsidiary DistrictsSubsidiary Districts

Only changes that LAFCO may Only changes that LAFCO may initiate—all other changes initiate—all other changes require voter, property owner, or require voter, property owner, or affected agency to initiateaffected agency to initiate

Municipal Island AnnexationsMunicipal Island Annexations

Legislature wants to encourage Legislature wants to encourage elimination of unincorporated elimination of unincorporated islandsislands

LAFCO has to approve if criteria LAFCO has to approve if criteria are metare met

Controversial because of Controversial because of absence of protest processabsence of protest process

City Incorporations and City Incorporations and DisincorporationsDisincorporations

• Important LAFCO function

• San Fernando Valley

District Formations and District Formations and DissolutionsDissolutions

LAFCO terms and conditions LAFCO terms and conditions include : include :

effective date, effective date, functions,functions, revenue structure, andrevenue structure, and process for board selection for process for board selection for

formation.formation. successor agency for dissolution.successor agency for dissolution.

Outside Agency ServiceOutside Agency Serviceaka Extraterritorial Serviceaka Extraterritorial Service

A few agencies were avoiding A few agencies were avoiding LAFCO review and providing LAFCO review and providing service outside boundariesservice outside boundaries

Districts Providing New Districts Providing New ServicesServices

aka latent powersaka latent powers Hearing at LAFCOHearing at LAFCO

??

Calvin Hobbes

PUBLIC PROCESSPUBLIC PROCESS

HEARINGSHEARINGS– LAFCO HEARING (DISCRETIONARY)LAFCO HEARING (DISCRETIONARY)– PROTEST HEARING = CONDUCTING PROTEST HEARING = CONDUCTING

AUTHORITY PROCEEDINGSAUTHORITY PROCEEDINGS

(MINISTERIAL)(MINISTERIAL)

LAFCO HearingLAFCO Hearing

Brown ActBrown Act

Same rules as local boardsSame rules as local boards

Decisions in open meetingsDecisions in open meetings

Agenda fixed in advancedAgenda fixed in advanced

Special meetings get special Special meetings get special noticesnotices

Economic DisclosuresEconomic Disclosures

Personnel conflict of interest as Personnel conflict of interest as applies to other local boardsapplies to other local boards

LAFCO disclosure may be LAFCO disclosure may be longerlonger

Campaign ContributionsCampaign ContributionsPolitical Reform ActPolitical Reform ActTougher for appointed boards Tougher for appointed boards (LAFCO) than for elected boards (city (LAFCO) than for elected boards (city council, etc.)council, etc.)$250 contribution before or after $250 contribution before or after LAFCO decisionLAFCO decisionContributor and Commissioner must Contributor and Commissioner must disclose on LAFCO recorddisclose on LAFCO recordCommissioner must not participate in Commissioner must not participate in LAFCO decisionLAFCO decision

Expenses Supporting and Expenses Supporting and Opposing ProposalsOpposing Proposals

OptionalOptional

Adopted by local LAFCO policyAdopted by local LAFCO policy

From San Fernando Valley secessionFrom San Fernando Valley secession

Government Code 56100.1Government Code 56100.1

http://santacruzlafco.org/pages/disclosure.htmlhttp://santacruzlafco.org/pages/disclosure.html

http://santacruzlafco.org/pages/disclosure.html

Lobbying DisclosureLobbying Disclosure

OptionalOptionalAdopted by local LAFCO policyAdopted by local LAFCO policy““Ex parte” communications between Ex parte” communications between members of the public and LAFCO members of the public and LAFCO commissioners outside the hearingcommissioners outside the hearingOK, but must be disclosed on the OK, but must be disclosed on the recordrecord

CEQACEQA

LAFCO actions are subject to the LAFCO actions are subject to the California Environmental Quality ActCalifornia Environmental Quality Act

Lead or responsible agencyLead or responsible agency

When LAFCO is a responsible When LAFCO is a responsible agency, it should participate in lead agency, it should participate in lead agency’s CEQA review (e.g., agency’s CEQA review (e.g., comment on notice of preparation comment on notice of preparation and draft EIR for any major project)and draft EIR for any major project)

Other Public Other Public CommunicationsCommunications

Website required by lawWebsite required by lawNotices must be posted on website—Notices must be posted on website—in addition to “traditional” noticingin addition to “traditional” noticingPress availabilityPress availabilityOp/ed articles for newspapersOp/ed articles for newspapersSpeak to civic groupsSpeak to civic groups

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TEAMWORKTEAMWORK

MilkinMilkin

Commissioners Helping Commissioners Helping StaffStaff

• Advance notice that commissioner Advance notice that commissioner will ask major question during will ask major question during meetingmeeting

• Commission as a whole directs staffCommission as a whole directs staff

• Support trainingSupport training

PilerPiler

Staff Helping Staff Helping CommissionersCommissioners

• Orient new commissionersOrient new commissioners• Staff reports complete with mapsStaff reports complete with maps• Major issues summarized in reportMajor issues summarized in report• Clear conditions and amendmentsClear conditions and amendments• Major players informed and Major players informed and

presentpresent• Oral staff reports that are of Oral staff reports that are of

appropriate length. appropriate length. • Maintain alternatives—don’t limit Maintain alternatives—don’t limit

Commissioners’ actions by staff Commissioners’ actions by staff reportreport

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CALAFCOCALAFCO

56 member LAFCOs plus associate 56 member LAFCOs plus associate members.members.

Non-profit 501(c)(3).Non-profit 501(c)(3).

Focus on member support through Focus on member support through conferences and workshops, legislative conferences and workshops, legislative services, and general education.services, and general education.

Board of DirectorsBoard of Directors

(15 Members)(15 Members)

Legal CounselLegal Counsel

Clark AlsopClark Alsop

Executive DirectorExecutive Director

Bill ChiatBill Chiat

Executive OfficerExecutive Officer

Bruce BaraccoBruce Baracco

Deputy Exec. OfficerDeputy Exec. Officer

Dan SchwarzDan Schwarz


Everett MillaisEverett Millais

2004-05 CALAFCO2004-05 CALAFCOAdministrative StructureAdministrative Structure







Executive OfficerExecutive Officer

Everett MillaisEverett Millais


Paul HoodPaul Hood


Joyce CrosthwaiteJoyce Crosthwaite

2005-06 CALAFCO2005-06 CALAFCOAdministrative StructureAdministrative Structure

CALAFCO.ORGCALAFCO.ORG

@[email protected]

CALAFCO List-serv Program

[email protected]

[email protected]

[email protected]

[email protected]





Legislative CommitteeLegislative Committee

Legislative AdvisoryLegislative Advisory

CommitteeCommittee

(5-7 Directors)(5-7 Directors)



Legislative ChairLegislative Chair

Dan SchwarzDan Schwarz

Legislative Vice-ChairLegislative Vice-Chair

VacantVacant

Legislative SubcommitteesLegislative Subcommittees

CALAFCOCALAFCOLegislative StructureLegislative Structure

LegislationLegislation

• CALAFCO serves as an educational resource for legislators and statewide officials.

• CALAFCO Legislative Committee drafts bills and reviews proposed legislation.

• Board of Directors adopts positions for the Association. Legislative Chair and Executive Director represent CALAFCO in Sacramento.

LegislationLegislation

Legislative Focus:

• Annual omnibus legislation to improve LAFCO law.

• Participation in stakeholder groups to draft laws affecting local government.

• Sponsorship of bills that create significant changes in LAFCO law.

• Position letters and testimony on bills that affect member LAFCOs.

More HelpMore Help• CALAFCO Website—www.calafco.org• It’s Time to Draw the Line—Senate Local

Government Committee• Guide to Cortese-Knox Hertzberg Local

Government Reorganization Act of 2000—Assembly Local Government Committee

• LAFCO Procedures Guide produced by San Diego LAFCO

• OPR Website—www.opr.ca.gov/planning/ LAFCO Reform.html

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http://www.calafco.org/

http://www.opr.ca.gov/planning/LAFCOReform.html

http://www.opr.ca.gov/planning/LAFCOReform.html

ENDEND

Frying Pan

It’s real nice living hereIt’s real nice living hereWith the raccoons and deerWith the raccoons and deerBut someone is giving us a pitchBut someone is giving us a pitchWe’re all going to be richWe’re all going to be rich

He also warns that “the big boys” the He also warns that “the big boys” the developersdevelopershave weapons that give me a pain.have weapons that give me a pain.They don’t need to play fairThey don’t need to play fairThey just have to declareThey just have to declareSphere of influence or eminent domain.Sphere of influence or eminent domain.

Cowboy Poet Jim Lott of Leona Valley (near Cowboy Poet Jim Lott of Leona Valley (near Palmdale) Palmdale) 19921992

Annexation of prime agricultural lands shall not be approved unless one of the following mitigations has been instituted, at not less than a 1:1 replacement ratio:

The acquisition and dedication of farmland, development rights, and agricultural conservation easements to permanently protect adjacent and other agricultural lands within the County, or

in lieu payments to responsible, recognized government and non-profit organizations for such purposes.

Any such measures must preserve prime agricultural property of reasonably equivalent quality and character that would otherwise be threatened, in the reasonably foreseeable future, by development and/or other urban uses.

YOLO LAFCO YOLO LAFCO AGRICULTURAL POLICYAGRICULTURAL POLICY

ANNEXATI ON FLOW CHART(For areas not currently in city's sphere of influence)

I n itia tive Fa ilsat E lection

Cou n cil DecidesN ot to Protest

LAFCO Den iesSph ere Am en dm en ts

Cou n cil Ex ercises Escape C lau se

LAFCO Den iesAn n ex ation

More th an 5 0 % Protestby Voters Term in ates An n ex ation

Term in ated by Majority Vote

An n ex ation Com pleteProperty in C ity

Su cceeds by Majority Vote

Protest by 2 5 - 5 0 % of VotersO R

More th an 2 5 % of Lan dow n ers

Less th an 2 5 % Protestby Voters and Lan dow ners

N otice of Protest Hearingby LAFCO EO

LAFCO ApprovesAn n ex ation

LAFCO Holds Pu blic Hearin g on An nex ation

Cou n cil Applies for An nex ation

Cou n cil Contin u es w ith S trategy

LAFCO Partia lly ApprovesSh ere Am en dm en ts

LAFCO ApprovesSph ere Am en dm en ts as Proposed

LAFCO Pu blic Hearin gon Sphere Am en dm en ts

Cou n cil Applies to LAFCO forSph ere of I n fl u ence Am en dm en t

Cou n cil Certifi es E I R an dAdopts G en era l P lan Am en dm en t

Pu blic Hearin g at C ity Cou n cil onG en era l P lan Am en dm en t an d E I R

Pu blic Hearin g atC ity P lan n ing Com m ission

City Prepares G enera l P lan Am en dm en t an dEn viron m enta l I m pact Report

I n itia tive Passesat E lection

I n itia tive C ircu latedan d Q u a lifi es

Annexations/FactorsAnnexations/Factorsa.Population, population density; land area and land use; per capita

assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years.

b.Need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for such services and controls; probable effect of the proposed incorporation, formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas.

c.The effect of the proposed action and of alternative actions, on adjacent areas, on mutual social and economic interests and on the local governmental structure of the county.

d.The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned, orderly, efficient patterns of urban development.

e.The effect of the proposal on maintaining the physical and economic integrity of agricultural lands.

f.The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting the proposed boundaries.

g.Consistency with appropriate city or county general and specific plans.

h.The sphere of influence of any local agency which may be applicable to the proposal being reviewed.

i.The comments of any affected local agency.

j.The ability of the newly formed or receiving entity to provide the services which are the subject of the application to the area, including the sufficiency of revenues for those services following the proposed boundary change.

k.Timely availability of water supplies adequate for projected needs.

l.The extent to which the proposal will assist the receiving entity in achieving its fair share of the regional housing needs as determined by the appropriate council of governments.

m.Any information or comments from the landowner or owners.

n.Any information relating to existing land use designations.(Government Code Section 56668).

j.The ability of the newly formed or receiving entity to provide the services which are the subject of the application to the area, including the sufficiency of revenues for those services following the proposed boundary change.

k.Timely availability of water supplies adequate for projected needs.

l.The extent to which the proposal will assist the receiving entity in achieving its fair share of the regional housing needs as determined by the appropriate council of governments.

m.Any information or comments from the landowner or owners.

n.Any information relating to existing land use designations.

(Government Code Section 56668).

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