where do we go from here? 2006 annual conference, san diego msrs & spheres wednesday september...

Where Do We Go From Here?Where Do We Go From Here?

2006 Annual Conference, San Diego

MSRs & SpheresMSRs & Spheres

Wednesday September 6, 2006 1:45 pm TO 3:00 pm

Background about these sections of Cortese Knox Hertzberg (CKH)Overview of how LAFCos are meeting these requirementsResults of a survey of Executive Officers about possible changesYour input about how the law might be changed

Government Government Code Sections:Code Sections:

56425 - Spheres, especially subsection (g)

56430 - Municipal Service Reviews

Both 56425(g) and 56430 were new mandates as a part of CKH, effective January 1, 2001

Government Government Code Sections:Code Sections:

56425 - Spheres, especially subsection (g)

56430 - Municipal Service Reviews

Where did these sections come from anyway?

Government Government Code Sections:Code Sections:

56425 - Spheres, especially subsection (g)

56430 - Municipal Service Reviews

• GWB recommended the review and update of spheres every 5 years; what is now 56425(g) includes the words “as necessary.”

• There are subtle, but important differences between the GWB recommendations and the current law.

• GWB first discussed service reviews for any “amendments to spheres of influence,” but the recommended draft language and, subsequently, the law referenced service reviews as being required to “update spheres of influence.” The law does not define either a sphere of influence amendment or update.

• GWB recommendation was “that LAFCos be required to periodically initiate service reviews,” but the draft GWB language and subsequent law linked service reviews to the update of spheres of influence every 5 years as necessary.

• Neither GWB, nor the discussions leading to the law attempted to otherwise integrate service review and spheres of influence actions, determinations or timing.

Next up…

An Overview of Approaches

MSRs & SOI UpdatesMSRs & SOI Updates

An Overview of Approaches

MSRs have been done …..

1. By Individual Jurisdiction1. By Individual Jurisdictione.g.e.g. A MSR for Each City or Each Special DistrictA MSR for Each City or Each Special District

Examples include: San Luis Obispo LAFCO for the City of

Paso Robles Tulare LAFCO for the City of Visalia Monterey LAFCO for the Salinas Rural

Fire Protection District

2. By Type of Special Districts2. By Type of Special Districtse.g.e.g. A MSR for All Fire Districts or All County A MSR for All Fire Districts or All County

Service AreasService Areas

Examples include: El Dorado LAFCO for all fire

suppression and emergency services Yolo LAFCO for all county service

areas Butte LAFCO for all recreation & park

districts

3. By Category of Service3. By Category of Servicee.g. A MSR for All Jurisdictions Based on a Broade.g. A MSR for All Jurisdictions Based on a Broad

Category of ServicesCategory of Services

Examples include: Alameda LAFCO - completed all MSRs

based on three categories:– Public safety– Utility– Community services

Los Angeles LAFCO- categorized MSRs based on :– Essential services, receiving in-depth review, and– Miscellaneous services, receiving a less in-depth

review

4. 4. On A Countywide BasisOn A Countywide Basise.g. A MSR for All Jurisdictions ore.g. A MSR for All Jurisdictions orA MSR for Jurisdictions ProvidingA MSR for Jurisdictions Providing

Similar Types of ServiceSimilar Types of Service

Examples include: El Dorado LAFCO for all fire

suppression and emergency services Yolo LAFCO for all county service

areas Butte LAFCO for all recreation & park

districts

5. On A Sub-area Basis5. On A Sub-area Basise.g. A MSR for All jurisdictions countywide or, e.g. A MSR for All jurisdictions countywide or,

one countywide MSR for all jurisdictions one countywide MSR for all jurisdictions providing a similar type of service in a defined providing a similar type of service in a defined

geographic areageographic area

Examples include: Santa Barbara LAFCO - All jurisdictions in the

Santa Barbara/Goleta Valley area Nevada LAFCO – Eastern Co. Water Services Ventura LAFCO – All water and wastewater

service providers by watershedExamples include:

Combined ApproachesCombined Approaches e.g. All fire districts countywide or all fire e.g. All fire districts countywide or all fire

districts in the southern portion of a county.districts in the southern portion of a county.

A combination of MSR by jurisdiction and category of service, and/or by type of district and county-wide or sub-area, or some similar combination of the previous approaches.

In Tandem with Sphere of In Tandem with Sphere of Influence UpdatesInfluence Updates

e.g. sphere of influence updates were combined with e.g. sphere of influence updates were combined with MSR and adopted as a part of the same hearingMSR and adopted as a part of the same hearing

Separately from Sphere of Separately from Sphere of Influence UpdatesInfluence Updates

e.g. the MSR was fully completed first and sphere of e.g. the MSR was fully completed first and sphere of influence updates were acted on separately sometime influence updates were acted on separately sometime

afterwardsafterwards

Not at AllNot at All

e.g. some LAFCos have first determined whether or e.g. some LAFCos have first determined whether or not a sphere of influence update was necessary for a not a sphere of influence update was necessary for a given jurisdiction/agency and if no sphere of influence given jurisdiction/agency and if no sphere of influence

update was deemed necessary, then no MSR was update was deemed necessary, then no MSR was done for that jurisdiction/agencydone for that jurisdiction/agency

Conclusions:Conclusions:

1.1. Each LAFCO has used its discretion about Each LAFCO has used its discretion about how best to meet the MSR and SOI update how best to meet the MSR and SOI update mandates.mandates.

2.2. Most MSRs are exempt from CEQA, some SOI Most MSRs are exempt from CEQA, some SOI updates require Negative Declarations or updates require Negative Declarations or EIRs prior to approval.EIRs prior to approval.

3.3. The number of SOI updates The number of SOI updates necessarynecessary should should be less in the future and thus the number of be less in the future and thus the number of MSRs should be less in the future.MSRs should be less in the future.

4.4. One size does NOT fit all.One size does NOT fit all.