Why Clerks Do What They Do...

1. 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

2. 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

3. 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

7. LAFCo 101 for Clerks An Introduction to Local Agency Formation Commissions Keene Simonds, Executive Officer, Napa LAFCo Kate McKenna, Executive Officer, Monterey LAFCo April 2011

8. What’s Ahead • Why LAFCo was created • LAFCo’s history, legal role and functions • LAFCo resources • Your questions

9. Promote orderly growth Prevent sprawl Preserve agriculture and open space Assure efficient, sustainable public services

10. What Does LAFCo Do?? • Forms new cities and special districts • Changes boundaries • Changes authorized services • Allows service extensions • Establishes Spheres of Influence • Performs municipal service reviews • Reorganizes local agencies • Annexation, consolidation, merger, dissolution, disincorporation

11. Why Create a LAFCo? • Post World War II population and housing boom in California • Freeway suburbs; scramble to finance and extend services • City annexation "wars;" proliferation of limited purpose special districts • Confusion with multiple local governments

12. Legislative Solution: Local Flexibility of State Law • No state commission or statewide agency • Local control; no state appointments • A LAFCo in every county • Each LAFCo independent • Local flexibility – Local policies • Unique to California

13. Nearly 50 Years of LAFCo • 1963 – Knox Nesbitt Act • 1965 – District Reorganization Act • 1971 – Spheres of Influence • 1972 – Districts seated on LAFCo • 1985 – Cortese Knox Local Government Reorganization Act • 2000 – Cortese Knox Hertzberg Local Government Reorganization Act

14. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 Significantly amended mission and structure of LAFCo • Spheres of Influence • Municipal Service Reviews • LAFCo Independence • Adopt local policies

15. LAFCo CompositionCommissions a Unique Mix • 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

16. Jurisdiction – Local Agencies • 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

17. As a PLANNING Agency • 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

18. As a REGULATORY 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 …

19. 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.”

20. Spheres of Influence §56425 • In determining the SOI the commission considers … • Present and planned land uses, including agricultural and open-space • Present and probable need for public facilities and services • Present capacity of public facilities and adequacy of public services • Existence of any social or economic communities of interest

21. Typical Sphere of Influence Map

22. 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.”

23. 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

24. 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

25. 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

26. LAFCo is Independent • 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 services • Administrative authority as an independent public agency

27. The Courts Support LAFCoAuthority • “Engaged in the pursuit of an overriding State purpose” • Is quasi-legislative; limited legal challenge to decisions • Determinations vs. findings • Is the Legislature’s “watch dog” on local governments

28. LAFCo is Funded Locally • Commissions adopt a budget each fiscal year • Funded by the county, cities and – when seated on LAFCo – special districts • Local funding formulas allowed • Processing fees offset expenses for specific applications • Challenges of funding LAFCo • LAFCo review of funders • Severe economic conditions facing agencies

29. Subject to State Laws • Political Reform Act • Annual filing of assets and campaign contributions is required • Automatic disqualification from decisions related to entitlements for use • No disqualification on actions related to home jurisdiction • Brown Act • CEQA

30. LAFCo Resources • Municipal Service Reviews • Maps of Boundaries and Spheres • History of Formation and Changes to Local Agencies • Boundaries and Authorized Powers • Local Agency Governance and Contact Information • CKH Act and Local Policies & Procedures

31. Issues on the Horizon • Balance resource preservation with pressure for housing & jobs • Infill vs sprawl • Regional land and transportation planning • Water; infrastructure availability • Urbanization outside of cities • Viable local agencies and services

32. Promote orderly growth Prevent sprawl Preserve agriculture and open space Assure efficient, sustainable public services

33. www.calafco.org Information and resources on LAFCo law and process