LAFCO Procedures:There’s a Lot Going On

Behind the Scenes

Roseanne ChamberlainExecutive OfficerAmador LAFCO

Staff Workshop April 3, 2008

Purpose & Goals Purpose & Goals

Overall Steps and Sequence – Big Picture Who Does What By When Keeping track of One Proposal Legal Requirements and Documents

– Timing and Deadlines– Concurrent Sequences– Discuss Forms,Documents, Certificates

Overall Steps and Sequence – Big Picture Who Does What By When Keeping track of One Proposal Legal Requirements and Documents

– Timing and Deadlines– Concurrent Sequences– Discuss Forms,Documents, Certificates

LAFCO PROCESS--5 STEPSLAFCO PROCESS--5 STEPS

Landowner Petition OR Agency Resolution Application Submitted -5 elements CEQA - Lead Agency Public Hearing and LAFCO Decision Conducting Authority Action

– Call for Protest– Set Election

Completion (Record and Transmit)

Landowner Petition OR Agency Resolution Application Submitted -5 elements CEQA - Lead Agency Public Hearing and LAFCO Decision Conducting Authority Action

– Call for Protest– Set Election

Completion (Record and Transmit)

Boundary Change Process

Checking in the Application

Are the required documents included?

Petition or Resolution of Application Map & Legal Plan of Services Environmental Documents F & G Exemption or Receipt Property Tax Resolution Fees City Pre-Zoning Ordinance Fiscal Impact Analysis >100 acres S.O.I. Factors Mailing Labels

Process SequenceProcess Sequence

Application Initiated, “Routing” & NoticeAssessor, Auditor, AgencyTax

AgreementResearch and Analysis (Factors & CEQA)Public Hearing and LAFCO DecisionConducting Authority (Protest &

Election)Completion (Record and Transmit)

Application Initiated, “Routing” & NoticeAssessor, Auditor, AgencyTax

AgreementResearch and Analysis (Factors & CEQA)Public Hearing and LAFCO DecisionConducting Authority (Protest &

Election)Completion (Record and Transmit)

Application Initiated “Routing” & NoticeApplication Initiated “Routing” & Notice

File Set Up, Deposit FeesCheck Application MaterialsAgency Notice - All Affected

AgenciesComment Request

All Sources for Information LAFCO will need

Reviewing Groups and Departments Distribute Project Information

File Set Up, Deposit FeesCheck Application MaterialsAgency Notice - All Affected

AgenciesComment Request

All Sources for Information LAFCO will need

Reviewing Groups and Departments Distribute Project Information

Start Requesting Information

1. Send the letter for items that are missing.2. Send map and legal corrections.3. From the Assessor

TRA and Special District listings.

3. From Registrar of Voters and GIS Labels within the boundaries & 300’ radius for

district annexations. Labels within the boundaries & 500’ radius for city

annexations.

Update the database!!

Negotiations ProcessRev & Tax Code

Negotiations ProcessRev & Tax Code

1. LAFCO gives Notice of Proposal2. Assessor sends info to Auditor3. Auditor sends info to Agencies – 60

Day Clock Begins4. Agencies agree or negotiate5. Resolutions adopted by Subject

Agencies and County--Within 60 Day Period, No Exceptions

6. OR: Master Tax Agreement

1. LAFCO gives Notice of Proposal2. Assessor sends info to Auditor3. Auditor sends info to Agencies – 60

Day Clock Begins4. Agencies agree or negotiate5. Resolutions adopted by Subject

Agencies and County--Within 60 Day Period, No Exceptions

6. OR: Master Tax Agreement

Master Tax Sharing Agreements

Master Tax Sharing Agreements

No Resolutions

Reduce Work Save Time Bi-Agency Multi-Agency

No Resolutions

Reduce Work Save Time Bi-Agency Multi-Agency

Certificate of SufficiencyPetitions Only

• Issue within 30 days after receiving LO or RV petition/application.

• Verify Landowners and land value through Assessor• Registered Voters’ signatures through

Registrar/Elections Office.• May need Grant Deed/Title docs to show proof of

ownership. May need Notarized Signatures• All affected apn’s on petition must be double checked

w/map & legal.• Checked & Signed by EO.• Mailed to proponent(s) and placed in File.

Update the database!

Certificate of Filing Ready For Hearing

Certificate of Filing Ready For Hearing

Maps/Legal Description OK’d by Surveyor All Fees Paid Plan for Services - Information Provided Timely AB-8 Resolutions CEQA Determinations Ready Pre-Zoning and Sphere of Influence Done 30 days after application filed, or send

incomplete letter

Maps/Legal Description OK’d by Surveyor All Fees Paid Plan for Services - Information Provided Timely AB-8 Resolutions CEQA Determinations Ready Pre-Zoning and Sphere of Influence Done 30 days after application filed, or send

incomplete letter

Agenda Packet & Meeting Prep

• Prepare staff reports for the Commission packet to be mailed 5 (minimum) days prior to public hearing.

• Include CEQA• Send staff reports to all applicants, agencies and

those requesting copies.• Send out Agenda via email or mail to those

requesting agendas.• Post Agenda on your website, at the meeting room or

other official posting place no later than 72 hrs prior to the hearing (Brown Act).

PUBLIC HEARINGS & DECISION

PUBLIC HEARINGS & DECISION

Notice Requirements 21 Day Mailed and

Published Brown Act

Agenda Public Hearing

Receive Testimony Review Entire Record EO Report &

Recommendation Minutes

Notice Requirements 21 Day Mailed and

Published Brown Act

Agenda Public Hearing

Receive Testimony Review Entire Record EO Report &

Recommendation Minutes

LAFCO Resolution Make Determinations Approve/Disapprove Amend/Modify Add Conditions Make CEQA Findings

Conducting Authority Notice & Forms Protest Count &

Resolution

LAFCO Resolution Make Determinations Approve/Disapprove Amend/Modify Add Conditions Make CEQA Findings

Conducting Authority Notice & Forms Protest Count &

Resolution

Post-Approval: More Work

Post-Approval: More Work

Reconsideration - Notice & Hearing Protest Hearing (Conducting

Authority) Possible election

Resolution of Conducting Authority (Ordering Annexation or Terminating)

Review All Conditions Completed Certificate of Completion Recorded State Board of Equalization Filing Distribution of Final Filings

Reconsideration - Notice & Hearing Protest Hearing (Conducting

Authority) Possible election

Resolution of Conducting Authority (Ordering Annexation or Terminating)

Review All Conditions Completed Certificate of Completion Recorded State Board of Equalization Filing Distribution of Final Filings

After the HearingAfter the Hearing Process the Notice of Determination or

Exemption within 5 business days after hearing date and file with County Clerk.

Prepare the resolutions and have them approved by CoCo and signed by the Chair and EO.

Approval stamp on final map & legal. Send Notice of Results to required agencies

and applicant requesting any fees or documents to complete the proposal.

Update the database!!

Process the Notice of Determination or Exemption within 5 business days after hearing date and file with County Clerk.

Prepare the resolutions and have them approved by CoCo and signed by the Chair and EO.

Approval stamp on final map & legal. Send Notice of Results to required agencies

and applicant requesting any fees or documents to complete the proposal.

Update the database!!

Election NotesElection Notes

If Sufficient Protest, LAFCO notifies City or Board of Supervisors to call Election

Co. Elections Official Conducts Election

City or Board of Supervisors Certifies Election and Notifies LAFCO

LAFCO Prepares Resolution of Termination or Resolution Ordering the Boundary Change

If Sufficient Protest, LAFCO notifies City or Board of Supervisors to call Election

Co. Elections Official Conducts Election

City or Board of Supervisors Certifies Election and Notifies LAFCO

LAFCO Prepares Resolution of Termination or Resolution Ordering the Boundary Change

CompletionCompletion

Certificate of Completion (CoC) Record CoC and Resolution Ordering

Boundary Change (Conducting Authority)

Attachments: Map, Legal Desc, etc. Effective Date is Date of

Recording Boundary is changed on

Effective Date Board of Equalization filings only

change Tax distribution, not boundaries

Certificate of Completion (CoC) Record CoC and Resolution Ordering

Boundary Change (Conducting Authority)

Attachments: Map, Legal Desc, etc. Effective Date is Date of

Recording Boundary is changed on

Effective Date Board of Equalization filings only

change Tax distribution, not boundaries

Certificate of CompletionCertificate of Completion Be sure all conditions have

been met. Upon receipt of fees and

required documents prepare Certificate of Completion and have it recorded.

Mail to required agencies and applicant.

Send fax to recordation list. Send to SBE with fees to

complete.

Update the database!!

Be sure all conditions have been met.

Upon receipt of fees and required documents prepare Certificate of Completion and have it recorded.

Mail to required agencies and applicant.

Send fax to recordation list. Send to SBE with fees to

complete.

Update the database!!

Final Filings & Distribution

“Notice of Completed Annexation”

Final Filings & Distribution

“Notice of Completed Annexation”

Board of Equalization

CoC(conformed copy)

BOE Forms Fees Co Auditor’s New

Tax Rate Number Maps and Legal

Desc

Board of Equalization

CoC(conformed copy)

BOE Forms Fees Co Auditor’s New

Tax Rate Number Maps and Legal

Desc

Other Distribution Co. Assessor Co. Auditor Co. Surveyor GIS (Co. IT) Elections Applicants Affected Agencies

Other Distribution Co. Assessor Co. Auditor Co. Surveyor GIS (Co. IT) Elections Applicants Affected Agencies

Putting the Project “To Bed”

Putting the Project “To Bed”

Board of Equalization Acknowledgement File Returned Recorder’s Documents Purge File – Duplicates, Notes, etc. Organize & Store Records as Needed Download digital records, file CD Check Updated BOE Maps when

amended

Board of Equalization Acknowledgement File Returned Recorder’s Documents Purge File – Duplicates, Notes, etc. Organize & Store Records as Needed Download digital records, file CD Check Updated BOE Maps when

amended

End of Presentation