What is the evolving role of LAFCo? PRESENTED BY TAMARON R. LUCKETT ADMINISTRATIVE ASSISTANT SAN DIEGO LAFCO

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1 What is the evolving role of LAFCo? PRESENTED BY TAMARON R. LUCKETT ADMINISTRATIVE ASSISTANT SAN DIEGO LAFCO

2 BASIC ROLES AND RESPONSIBILITIES AS A CLERK

3 Overview: Discussion of the roles and responsibilities of the position of a LAFCO Clerk as defined in the Cortese Knox Hertzberg Local Governmental Act of 2000 per Government CodeSection Clerk means the clerk or secretary of the legislative body of a commission, county, city, or district. As a new or current clerk we know the responsibilities are getting increasingly blurred and succession planning considerations are continuously coming to the fore.

4 Overview: Whether you are new or an experienced Clerk in this entity you should still seek knowledge or maybe learn something new or bring ideals to other Clerks. This session will highlight the importance and scope and critical role for a position as a governmental agency clerk.

5 What you will learn: Roles and responsibilities and Application Processing Timeline. Why attend: This will allow you to maintain knowledge and understanding the importance role of your responsibilities and to help you familiarize yourself with the Cortese Knox Hertzberg Act.

6 APPLICATION PROCESSING TIMELINE

7 APPLICATION (a-d) A resolution of application or petition initiating a change of organization or reorganization with supporting documentation as required by the commission or executive officer. A request for a sphere of influence amendment or update pursuant to Section A request by a city or district and a public agency for commission approval of an extension of services outside the agency s jurisdictional boundaries pursuant to Section and

8 Upon receipt of application: Mailed notice shall be sent to each affected agency, the county committee on school district organization, and eachschool superintendent. [56658(b)(1)] Incorporation/disincorporation notify all affected local agencies and any state agencies by mail and request the affected agencies to submit the required data to the commission. [56658(b)(2)]

9 Upon receipt of application: An application shall not be accepted for filing or issue a certificate of filing for at least 20 days after giving the mailed notice. [56658(d)]

10 Within 30 days of receipt of application: An application is deemed complete and acceptable for filing or incomplete, when a commission is the lead agency. [56658(c)] if an application is incomplete, notify the applicant specifying what is incomplete and what information is needed for completion. [56658(g)] If appropriate fees paid have been paid, application is deemed accepted for filing and complete, if no determination is made within 30days. [56658(e)]

11 Within 30 days of receipt of petition: Certificate of sufficiency Petition is examined and prepare a certificate of sufficiency indicating whether the petition is signed by the requisite number of signers. [56706(a)] No petition shall be accepted for filing unless the signatures are secured within six months of the date on the first signatures was affixed, and the petition is submitted for filing within 60 days after the last signature was affixed. [56705(a)]

12 Within 15 days after date of notice: Notice of insufficiency If the petition is insufficient, a notice is sent by certified mail and state what amount the petition is insufficient. [56706(b)(1)] A supplemental petition bearing additional signatures may be filed within 15 days after notice of sufficiency. [56706(b)(1)]

13 Within 10 days after filing: Supplemental petition The supplemental petition is examined for sufficiency and certify in writing the results and is given to the proponents.[56706(c)] If the petition, including any supplemental petition, is certified to be insufficient, it shall be filed as a public record, without prejudice to the filing of a new petition. Mailed notice shall be given to chief petitioners, stating that the petition has been found to be insufficient. [56709]

14 When application is complete and accepted for filing: Certificate of filing is issued it shall specify the date which the proposal shall be heard by the commission Within 90 days of issuance of certificate of filing: Hearing on proposal must be held and given published notice. [56658(h)]

15 Not later than 35 days after LAFCO hearing: Adoption of resolution Commission adopt a resolution making determinations approving or disapproving the resolution the proposal, with or without conditions. [56880] If the commission disapproves the proposal, plan of reorganization, or any alternative plan of reorganization, no further proceedings shall be taken on those proposals or plans.

16 Not less than 21 days prior to hearing: Notice of hearing must be published, posted and mailed. [56154, 56156, and 56158] If it exceeds 1,000 or more residents or landowners then the notice may be displayed at least one eighth page in a newspaper. [56157(h) Not less than 5 days prior to hearing: Each application filed a report will be prepared to include the recommendations by the Executive Officer. [56665(a-e)]

17 Within one year after LAFCO approval: Failure to complete proceedings If a certificate of completion for a change of organization or reorganization has not been filed after approval for proceedings, it shall be deemed terminated unless an extension has been authorized prior to the expiration date. [57001]

18 QUESTIONS

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20 CALAFCO Staff Workshop Clerks 101: New Laws Affecting the Way Clerks do Things Hilton Universal City March 31, 2016 PRESENTED BY Kara K. Ueda Attorney 2016 Best Best & Krieger LLP

21 Brown Act Basics All meetings of legislative bodies must be open and public Public comment must be permitted Use of secret ballots is prohibited.

22 SB 751 Effective January 1, 2014 Local agency legislative body must publicly report action taken & vote of each member Goal: prevent anonymous voting

23 SB 751 Best Practices: Minutes should state action taken & vote/abstention of each member present If not unanimity, chair & minutes should be clear how each member voted Chair or clerk may announce vote if item is unclear Does not specifically require roll call vote each time

24 San Joaquin Raptor Rescue Center v. Merced County CEQA Posting If agency is considering a CEQA document, Brown Act requires that agenda expressly disclose CEQA document will be considered Agenda description doesn t have to be long Failure to do so may result in setting aside of CEQA document

25 San Joaquin Raptor Rescue Center v. Merced County What happened? Merced County PC posted an agenda to approve a subdivision application to divide 380 acres into 9 parcels Agenda did not mention MND consideration, but PC approved it CEQA document is always a matter of at least potential public interest as concerns environmental effects of a proposed project

26 SB 272: Enterprise Systems Catalog Most public agencies must create and make available a catalog of enterprise systems the agency uses Enterprise system: software application that collects, stores, exchanges, and analyzes information that is a multi-departmental system or contains information collection about the public AND is a system of record Deadline: 7/1/16 to complete, make copies available upon request and post on agency s web site

27 SB 272: Enterprise Systems Catalog What is NOT covered: Cybersecurity systems & security records Systems for physical access Systems controlling/managing public utilities Public safety systems Actual records that are collected or stored by a system/application

28 SB 272: Enterprise Systems Catalog What ARE Enterprise Systems: Applications used in ordinary course of business Time card processing Financial data applications

29 SB 272: Enterprise Systems Catalog What to put in the catalog: Current system vendor Current system product Brief statement of system s purpose General description of categories/ data types Department that serves as primary custodian Frequency of data system collection Frequency of data system updates

30 Thank you for attending. Kara K. Ueda Partner Best Best & Krieger LLP Sacramento Office Phone: