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LAFCO Procedures: There’s a Lot Going On Behind the Scenes Roseanne Chamberlain Executive Officer Amador LAFCO Staff Workshop April 3, 2008
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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
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LAFCO 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)
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Boundary Change Process
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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
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Process Sequence Application Initiated, “Routing” & Notice Assessor, Auditor, AgencyTax Agreement Research and Analysis (Factors & CEQA) Public Hearing and LAFCO Decision Conducting Authority (Protest & Election) Completion (Record and Transmit) Application Initiated, “Routing” & Notice Assessor, Auditor, AgencyTax Agreement Research and Analysis (Factors & CEQA) Public Hearing and LAFCO Decision Conducting Authority (Protest & Election) Completion (Record and Transmit)
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Application Initiated “Routing” & Notice File Set Up, Deposit Fees Check Application Materials Agency Notice - All Affected Agencies Comment Request All Sources for Information LAFCO will need Reviewing Groups and Departments Distribute Project Information File Set Up, Deposit Fees Check Application Materials Agency Notice - All Affected Agencies Comment Request All Sources for Information LAFCO will need Reviewing Groups and Departments Distribute Project Information
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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!!
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Negotiations Process Rev & Tax Code 1.LAFCO gives Notice of Proposal 2.Assessor sends info to Auditor 3.Auditor sends info to Agencies – 60 Day Clock Begins 4.Agencies agree or negotiate 5.Resolutions adopted by Subject Agencies and County--Within 60 Day Period, No Exceptions 6.OR: Master Tax Agreement 1.LAFCO gives Notice of Proposal 2.Assessor sends info to Auditor 3.Auditor sends info to Agencies – 60 Day Clock Begins 4.Agencies agree or negotiate 5.Resolutions adopted by Subject Agencies and County--Within 60 Day Period, No Exceptions 6.OR: Master Tax Agreement
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Master Tax Sharing Agreements No Resolutions Reduce Work Save Time Bi-Agency Multi-Agency No Resolutions Reduce Work Save Time Bi-Agency Multi-Agency
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Certificate of Sufficiency Petitions 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!
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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
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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).
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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
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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
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After 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!!
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Election 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
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Completion 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
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Certificate 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!!
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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
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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
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