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

Terms and ConditionsHow far can LAFCO go?

How far should LAFCO go?

Friday, 9:00 - 10:30 September 2, 2011

CALAFCO Annual Conference

EXPLORING NEW BOUNDARIES



Moderator: Sblend Sblendorio, Alameda LAFCO

Panelists: Michael Colantuono, Colantuono & Levin Lou Ann Texeira, Contra Costa LAFCO Mona Palacios, Alameda LAFCO David Church, San Luis Obispo LAFCO




Introduction Format

Legal Framework What makes a good condition? Real LAFCO Examples of Conditions Interactive: Scenarios and Write your own

conditions Discuss results




Legal Framework Is the condition authorized by CKH or a

principal act? Does the condition violate any other legal

principal Will the condition be enforceable?




What makes a good condition of approval? Who, what, how and when are all specified. Means of enforcement are plainly stated.

Will LAFCO withhold NOC or filing w/ BOE? Will some other government agency have the

power to enforce? Coastal Comm’n approval of local coastal plan Special District physical improvements required to be

approved by building official or health department Will private parties have rights of enforcement?

E.g., Right to enforce pre-existing contracts, debts




More on Enforcement LAFCO Enforcement Other government agency enforcement Private enforcement

Public agency enforcement Withhold permit or approval Require bond to ensure performance

Unwind reorganization if condition not met?




CKH provisions re Conditions56885.5:

(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




CKH provisions re ConditionsNo Land Use Power

56886:“none of the following terms and conditions shall directly regulate land use, property development or subdivisions requirements”




CKH provisions re Conditions: 56886(a) Pay for use of property(b) Revenue measure to find (a)(c) Apportionment of debt and imposing

revenue measure to fund debt(d) Change in debt limits of affected agencies(e) Establish, annex or detach improvement

districts(f) Issuance of new debt(g) Sale of new bonds




CKH provisions re Conditions: 56886(h) Division of property(i) Division of money(j) Altering water rights (consistently with

actions of SWRCB)(k) Establish or change officers, boards,

departments, etc.(l) Preserve or change labor rights(m) Designate successor agency(ies)




CKH provisions re Conditions: 56886n) Number & selection of district

boardmembers if principal act allows o) Link to another reorganization proposalp) Effective dateq) Those authorized / required by principal actr) Duty to continue services) Voter approval of tax, imposition of building

permit surcharge for bridges and thoroughfares




CKH provisions re Conditions: 56886t) Continuation of existing revenue measureu) Transfer of revenue authority among

affected agenciesv) “Any other matter necessary or incidential

to any of the terms and conditions specified in this section.”




CKH provisions re Conditions56886.1 Utilities get 90 days to start service56887 Coastal Comm’n must approve changes

to local coastal plans56887.5 Can impose condition on city or

county which includes subject district or city, but cannot impose debt

56889 Can require Williamson Act program56890 Can apply to all or part of city, district or

improvement district




CKH provisions re Conditions56122 Fiscal conditions may not impair

contract rights of private parties57135 Some fiscal conditions must be

summarized in ballot label56815(e) Revenue neutrality requirements

must appear in incorporation conditions57302 Stated conditions trump the general

provisions of CKH for effect of a reorganization




Real LAFCO Examples San Luis Obispo LAFCO:

Agricultural Easements and Water Alameda LAFCO:

Extending a previously authorized special tax Conditions placed on city re: memorializing a pre-

development agreement, roadway improvements Contra Costa LAFCO:

Out of Agency Agreement with specific terms & conditions relating to future annexation





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.





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.




Real LAFCO Examples Alameda LAFCO:

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).




Real LAFCO Examples Alameda LAFCO: 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. 2009207102, Official Records of Alameda County, (con’t.)




Real LAFCO Examples 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.




Real LAFCO Examples 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.




Real LAFCO Examples 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.




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




Scenarios to Review Develop your own conditions Please go to the area number assigned to

you when you came in today Appoint a spokesperson Panelists will circulate among the groups Reassemble to review groups’ thoughts Participate!


Documents

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