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Terms and Conditions How far can LAFCO go? How far should LAFCO go? Friday, 9:00 - 10:30 September 2, 2011 CALAFCO Annual Conference EXPLORING NEW BOUNDARIES.

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Presentation on theme: "Terms and Conditions How far can LAFCO go? How far should LAFCO go? Friday, 9:00 - 10:30 September 2, 2011 CALAFCO Annual Conference EXPLORING NEW BOUNDARIES."— Presentation transcript:

1 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Friday, 9: :30 September 2, 2011 CALAFCO Annual Conference EXPLORING NEW BOUNDARIES

2 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Moderator: Moderator: Sblend Sblendorio, Alameda LAFCO Sblend Sblendorio, Alameda LAFCO Panelists: Panelists: Michael Colantuono, Colantuono & Levin Michael Colantuono, Colantuono & Levin Lou Ann Texeira, Contra Costa LAFCO Lou Ann Texeira, Contra Costa LAFCO Mona Palacios, Alameda LAFCO Mona Palacios, Alameda LAFCO David Church, San Luis Obispo LAFCO David Church, San Luis Obispo LAFCO EXPLORING NEW BOUNDARIES

3 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Introduction Introduction Format Format Legal Framework Legal Framework What makes a good condition? What makes a good condition? Real LAFCO Examples of Conditions Real LAFCO Examples of Conditions Interactive: Scenarios and Write your own conditions Interactive: Scenarios and Write your own conditions Discuss results Discuss results EXPLORING NEW BOUNDARIES

4 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Legal Framework Legal Framework Is the condition authorized by CKH or a principal act? Is the condition authorized by CKH or a principal act? Does the condition violate any other legal principal Does the condition violate any other legal principal Will the condition be enforceable? Will the condition be enforceable? EXPLORING NEW BOUNDARIES

5 Terms and Conditions How far can LAFCO go? How far should LAFCO go? What makes a good condition of approval? What makes a good condition of approval? Who, what, how and when are all specified. Who, what, how and when are all specified. Means of enforcement are plainly stated. Means of enforcement are plainly stated. Will LAFCO withhold NOC or filing w/ BOE? Will LAFCO withhold NOC or filing w/ BOE? Will some other government agency have the power to enforce? Will some other government agency have the power to enforce? Coastal Comm’n approval of local coastal plan Coastal Comm’n approval of local coastal plan Special District physical improvements required to be approved by building official or health department Special District physical improvements required to be approved by building official or health department Will private parties have rights of enforcement? Will private parties have rights of enforcement? E.g., Right to enforce pre-existing contracts, debts E.g., Right to enforce pre-existing contracts, debts EXPLORING NEW BOUNDARIES

6 Terms and Conditions How far can LAFCO go? How far should LAFCO go? More on Enforcement More on Enforcement LAFCO Enforcement LAFCO Enforcement Other government agency enforcement Other government agency enforcement Private enforcement Private enforcement Public agency enforcement Public agency enforcement Withhold permit or approval Withhold permit or approval Require bond to ensure performance Require bond to ensure performance Unwind reorganization if condition not met? Unwind reorganization if condition not met? EXPLORING NEW BOUNDARIES

7 Terms and Conditions How far can LAFCO go? How far should LAFCO go? CKH provisions re Conditions : (a)(2) require another change of organization (a)(4) limit actions of lame duck entity (b)6-month delay in effectiveness (c)elections on related proposals in specified order (d) combined election on annexation and reorganization or incorporation EXPLORING NEW BOUNDARIES

8 Terms and Conditions How far can LAFCO go? How far should LAFCO go? CKH provisions re Conditions No Land Use Power 56886: “none of the following terms and conditions shall directly regulate land use, property development or subdivisions requirements” EXPLORING NEW BOUNDARIES

9 Terms and Conditions How far can LAFCO go? How far should LAFCO go? CKH provisions re Conditions: (a) (a) Pay for use of property (b) (b) Revenue measure to find (a) (c) (c) Apportionment of debt and imposing revenue measure to fund debt (d) (d) Change in debt limits of affected agencies (e) (e) Establish, annex or detach improvement districts (f) (f) Issuance of new debt (g) (g) Sale of new bonds EXPLORING NEW BOUNDARIES

10 Terms and Conditions How far can LAFCO go? How far should LAFCO go? CKH provisions re Conditions: (h) (h) Division of property (i) (i) Division of money (j) (j) Altering water rights (consistently with actions of SWRCB) (k) (k) Establish or change officers, boards, departments, etc. (l) (l) Preserve or change labor rights (m) (m) Designate successor agency(ies) EXPLORING NEW BOUNDARIES

11 Terms and Conditions How far can LAFCO go? How far should LAFCO go? CKH provisions re Conditions: n) n) Number & selection of district boardmembers if principal act allows o) o) Link to another reorganization proposal p) p) Effective date q) q) Those authorized / required by principal act r) r) Duty to continue service s) s) Voter approval of tax, imposition of building permit surcharge for bridges and thoroughfares EXPLORING NEW BOUNDARIES

12 Terms and Conditions How far can LAFCO go? How far should LAFCO go? CKH provisions re Conditions: t) t) Continuation of existing revenue measure u) u) Transfer of revenue authority among affected agencies v) v) “Any other matter necessary or incidential to any of the terms and conditions specified in this section.” EXPLORING NEW BOUNDARIES

13 Terms and Conditions How far can LAFCO go? How far should LAFCO go? CKH provisions re Conditions Utilities get 90 days to start service Coastal Comm’n must approve changes to local coastal plans Can impose condition on city or county which includes subject district or city, but cannot impose debt Can require Williamson Act program Can apply to all or part of city, district or improvement district EXPLORING NEW BOUNDARIES

14 Terms and Conditions How far can LAFCO go? How far should LAFCO go? CKH provisions re Conditions Fiscal conditions may not impair contract rights of private parties Some fiscal conditions must be summarized in ballot label 56815(e) Revenue neutrality requirements must appear in incorporation conditions Stated conditions trump the general provisions of CKH for effect of a reorganization EXPLORING NEW BOUNDARIES

15 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Real LAFCO Examples San Luis Obispo LAFCO: San Luis Obispo LAFCO: Agricultural Easements and Water Agricultural Easements and Water Alameda LAFCO: Alameda LAFCO: Extending a previously authorized special tax Extending a previously authorized special tax Conditions placed on city re: memorializing a pre- development agreement, roadway improvements Conditions placed on city re: memorializing a pre- development agreement, roadway improvements Contra Costa LAFCO: Contra Costa LAFCO: Out of Agency Agreement with specific terms & conditions relating to future annexation EXPLORING NEW BOUNDARIES

16 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Real LAFCO Examples San Luis Obispo LAFCO: San Luis Obispo LAFCO: Agricultural Easements and Water Agricultural Easements and Water Prior to approval by LAFCO of any annexation, the District shall complete negotiations for a supplemental water source and provide documentation that an agreement is in place to deliver such water. Documentation shall be consistent with the sections of the latest SB 610 Guidebook for documenting supplies. EXPLORING NEW BOUNDARIES

17 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Real LAFCO Examples San Luis Obispo LAFCO: San Luis Obispo LAFCO: Agricultural Easements Agricultural Easements Prior to filing the Certificate of Completion with the State Board of Equalization, the proponent shall submit to LAFCO documentation of a perpetual open space easement recorded on the Righetti Hill property as provided in Figure 2.4 of the Orcutt Area Specific Plan. The open space easement shall be reviewed and approved by the Executive Officer and LAFCO Counsel. EXPLORING NEW BOUNDARIES

18 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Real LAFCO Examples Alameda LAFCO: Alameda LAFCO: Extending a previously authorized special tax Extending a previously authorized special tax The annexed territory shall be subject to the levying or fixing and collection of the previously authorized special tax (Government Code §§56886(t) and 57330). EXPLORING NEW BOUNDARIES

19 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Real LAFCO Examples Alameda LAFCO: Alameda LAFCO: Conditions placed on city re: memorializing a pre- development agreement, roadway improvements, & traffic signals: Conditions placed on city re: memorializing a pre- development agreement, roadway improvements, & traffic signals:  From & following the effective date of this Reorganization, that certain Pre-Development & Cooperation Agreement by & among the City of Livermore, the County of Alameda, the Surplus Property Authority of the County of Alameda, the City of Pleasanton, & Calmat Co., d/b/a Vulcan Materials Company, Western Division, dated as of September 18, 2007, a Memorandum of which was recorded on June 30, 2009, as Series No , Official Records of Alameda County, (con’t.) EXPLORING NEW BOUNDARIES

20 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Real LAFCO Examples Alameda LAFCO (con’t): Alameda LAFCO (con’t): shall continue in full force & effect & shall remain binding upon the parties thereto in accordance with the provisions thereof & shall not be deemed modified or terminated in any manner, in whole or in part, by this Reorganization. Notwithstanding the foregoing, Alameda LAFCo is not a party to said Agreement & Alameda LAFCo shall not be obligated to enforce said Agreement nor this condition of approval. EXPLORING NEW BOUNDARIES

21 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Real LAFCO Examples Alameda LAFCO (con’t): Alameda LAFCO (con’t):  Within 90 days of the completion of Livermore’s extension of Jack London Boulevard & Pleasanton’s extension of Stoneridge Drive, the City of Pleasanton will install the noise-attenuating overlay pavement required per the Staples Ranch Project’s Mitigation Monitoring & Reporting Plan measures S-NO-1.1 & NO-4.1. EXPLORING NEW BOUNDARIES

22 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Real LAFCO Examples Alameda LAFCO (con’t): Alameda LAFCO (con’t):  Staples Ranch EIR & Specific Plan anticipate traffic signals being installed on Stoneridge Drive. The City of Pleasanton will adhere to its plan to install traffic signals along existing portions of Stoneridge Drive at Newton Way, Guzman Parkway, & Trevor Parkway; & along new portions of Stoneridge Drive at the future Continuing Life Community entrance, the future automall entrance, & at El Charro Road. The signals will be installed to provide safer access to & from Stoneridge Drive from the adjacent land uses. The signals will be sensor-based, meaning that the side streets will receive a green light only when there is a vehicle present. Stoneridge Drive is an arterial road & therefore stop signs will not be installed on Stoneridge Drive because stop signs on arterials are less efficient than traffic signals.  Staples Ranch EIR & Specific Plan anticipate traffic signals being installed on Stoneridge Drive. The City of Pleasanton will adhere to its plan to install traffic signals along existing portions of Stoneridge Drive at Newton Way, Guzman Parkway, & Trevor Parkway; & along new portions of Stoneridge Drive at the future Continuing Life Community entrance, the future automall entrance, & at El Charro Road. The signals will be installed to provide safer access to & from Stoneridge Drive from the adjacent land uses. The signals will be sensor-based, meaning that the side streets will receive a green light only when there is a vehicle present. Stoneridge Drive is an arterial road & therefore stop signs will not be installed on Stoneridge Drive because stop signs on arterials are less efficient than traffic signals. EXPLORING NEW BOUNDARIES

23 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Real LAFCO Examples Contra Costa LAFCO: Requirement to annex within a specific period of time Requirement to split the parcel Requirement to limit infrastructure (e.g., water/sewer lines EXPLORING NEW BOUNDARIES

24 Terms and Conditions How far can LAFCO go? How far should LAFCO go? Scenarios to Review Scenarios to Review Develop your own conditions Develop your own conditions Please go to the area number assigned to you when you came in today Please go to the area number assigned to you when you came in today Appoint a spokesperson Appoint a spokesperson Panelists will circulate among the groups Panelists will circulate among the groups Reassemble to review groups’ thoughts Reassemble to review groups’ thoughts Participate! Participate! EXPLORING NEW BOUNDARIES


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