CHAPTER III. — LOCAL AGENCY FORMATION COMMISSION

A. COMPOSITION AND SELECTION OF COMMISSION

LAFCO of Mendocino County shall be composed of seven members with alternates as follows: [56325—56337]

1. Two members and an alternate appointed by the Board of Supervisors (BOS) from their own membership. [56325(a)] The alternate BOS member may serve and vote in place of any supervisor who is absent or who disqualifies himself or herself from participating in a meeting. If the office of a regular county member becomes vacant, the alternate may serve and vote in place of the regular member until appointment and qualification of a regular county member.

2. Two members and an alternate selected by the cities in the county, each of whom shall be a mayor or council member appointed by the City Selection Committee organized in the county pursuant to and in the manner provided in Article 11, (commencing with Section 50270) of Chapter 1 of Part 1 of Division 1. Regular and alternate members of the Commission shall be appointed by the City Selection Committee pursuant to Section 56325(b). The alternate city member may serve and vote in place of any city member who is absent or who disqualifies himself or herself from participating in a meeting. If the office of a regular city member becomes vacant, the alternate may serve and vote in place of the regular member until appointment and qualification of a regular city member.

3. Two members and an alternate selected by the independent special districts committee pursuant to Section 56325(c) or by procedures per Section 56332(c) each of whom shall be a presiding officer or members of legislative bodies of independent special districts. The alternate district member may serve and vote in place of any district member who is absent or who disqualifies himself or herself from participating in a meeting. If the office of a regular district member becomes vacant, the alternate may serve and vote in place of the regular member until appointment and qualification of a regular district member.

4. One public member and an alternate appointed by the other members of the Commission. Selection of the public member and alternate shall be subject to the affirmative vote of at least one of the members selected by each of the other appointing authorities. No person selected as a public member or alternate shall be an officer or employee of the county, a city or a special district with territory in Mendocino County. The alternate public member may serve and vote in place of the public member who is absent or who disqualifies himself or herself from participating in a meeting. If the office of the public member becomes vacant the alternate may serve and vote in place of the regular member until appointment and qualification of a regular public member.

5. While serving on the commission, all commission members shall exercise their independent judgment on behalf of the interests of residents, property owners, and the public as a whole in furthering the purpose of C-K-H. [56325.1] Any member appointed on behalf of local government shall represent the interests of the public as a whole and not solely the interests of the appointing authority. A Commissioner may vote on a proposal affecting a district or city of which the member is a representative and is not required to abstain on such matters for reason of membership. [56336] A Commissioner does not have the right of action for matters affecting the district or city for which he or she represents if they would otherwise be disqualified, (e.g. conflict of interest, financial interest, etc.).

B. TERMS OF OFFCIE FOR COMMISSIONERS

1. The term of office of each member shall be four years and until the appointment and qualification of his or her successor. [56334]

2. The body which originally appointed a member whose term has expired shall appoint his or her successor for a full term of four years. [56334]

3. Any member may be removed at any time without cause by the body appointing that member. [56334] Removal of a public member by the Commission shall be subject to the affirmative vote of at least one of the members selected by each of the other appointing authorities.

4. The expiration date of the term of office shall be the first Monday in May in the year for which the term expires, unless procedures adopted by the Commission specify an alternate date to apply to uniformly to all Commissioners. [56334]

5. Any vacancy in the membership of the commission shall be filled for the unexpired term by appointment by the body, which originally appointed the member whose office has become vacant. [56334]

6. A commissioner is required to vacate their seat if he or she ceases to hold the originating office that allowed appointment. [56337]

C. PARTICIPATION OF ALTERNATE MEMBERS

1. Alternate members are encouraged to take an active role in LAFCO business including discussions and deliberations on project proposals, participating in policy development and other working groups, training workshops, CALAFCO activities and standing committees.

2. If two or more members representing the same appointing authority are absent or disqualify themselves from participating in the meeting the alternate who is authorized to serve and vote in place of a member shall only have one vote.

D. COMMISSION COMPENSATION

1. Regular and alternate members of LAFCO are eligible for reimbursement of the actual amount of their reasonable and necessary expenses incurred in attending meetings and performing the duties of their office. [56334]

2. Mileage reimbursement shall be at the rate annually set by the Commission at its budget deliberations.

3. The Commission may authorize payment of a per diem for each day while they are in attendance at meetings of the Commission. [56334]

E. COMMISSION OFFICERS

1. Officers of the Commission shall consist of the Chair and Vice-Chair.

2. The members of the Commission shall elect a Chair and a Vice-Chair at the January meeting or the first meeting held in the calendar year and the term shall be for one year. The Commission upon a motion, second and majority agreement may continue the election of officers to a designated meeting. Nomination of officers shall be by a motion and a second. Nominations may proceed until a motion and second to close nominations are received and voted upon. Commissioners may nominate themselves or second a nomination by others for themselves and may vote on their nomination and are not required to abstain. Nominees will be voted on in the order of the receipt of the nominations.

Nominated Commissioners who decline the nomination shall not be voted on. Commissioners who are absent from the proceedings cannot be nominated. In cases of a tie vote for a nominee, due to the absence of commissioners and their alternates, the election procedure shall continue to the next nominee or be continued to the next available meeting if there continues to be a tie vote. Should the Chair or Vice-Chair cease to be a member of the commission, the commission shall at the first available meeting select a successor to fill the position for the balance of year according to the above rules.

3. The Chairman will conduct the election as follows:

• Call for nominations and seconds for Chairman
• Motion and second for closure of nominations for Chairman
• Call for voice vote for closure of nominations; announcement of result
• Call for voice vote of nominees in the order of nomination; announcement of result
• Call for nominations for Vice-Chairman
• Motion and second for closure of nominations for Vice-Chairman
• Call for voice vote for closure of nominations for Vice-Chairman; announcement of result
• Call for voice vote of nominees in the order of nomination; announcement of result

4. In absence of the Chair, the Vice-Chair shall have all the powers and duties of the Chair.

5. In the absence of the Chair and the Vice-Chair at a commission meeting, a Pro-Tem Chair may be appointed for the purposes of the meeting and such order shall be entered into the minutes.

E. POWERS OF THE CHAIR

1. The Chair shall preside at all meetings of the Commission and shall preserve order and decorum and shall decide all questions of order subject to the action of the majority of the commission.

2. The Chair shall be permitted to participate in debate and vote move or second a motion without surrender of the Chair.

3. The Chair is permitted to change the sequence of meeting items.

4. The Chair shall have the authority to sign all resolutions, directives and contracts approved by the Commission, any documents necessary for the operation of the Commission and to authorize budget transactions.

5. The order of business may be suspended at the discretion of the Chair, unless majority opposition is expressed by the commissioners.

6. In the absence of an objection, the Chair may order the motion unanimously approved by the members present, however, any commissioner may call for a roll call vote.

7. The Chair may order a roll call vote on any item.

8. To expedite proceedings the Chair may regulate the sequence of public presentations and limit the time of each party’s presentation. However, the Chair shall allow enough time to obtain sufficient information on which the commission can render a decision. (See Item G-5)

9. The Chair shall have the authority to appoint members to Committees.

F. LAFCO MEETINGS

1. Meetings are conducted monthly on the first Monday of the month starting at 10:00 a.m. and are usually held at the City of Ukiah Council Chambers, 300 Seminary Ave. Ukiah, CA. If any regular meeting of the Commission shall fall on a holiday, the regular meeting of the Commission shall be held upon the first available day agreeable to the Commission commencing at the same hour.

2. Periodically the commission may change the meeting schedule or place, add or cancel hearings as appropriate.

3. Any regular meeting of the Commission may be adjourned to a date chosen by the Commission prior to the date established for the next regular meeting of the Commission.

4. Agenda items may be continued to the next regular meeting by direction of the chair and the concurrence of a majority of the Commissioners.

5. A regular meeting may be cancelled by the Executive Officer upon direction by the Chair, or Vice-Chair in absence of the Chair, if it has been determined that there are no changes of organization or reorganization or business pending which requires Commission action at the time of cancellation. Notice of cancellation shall be given to the Commissioners not less than 72 hours prior to the regular meeting.

6. Special meetings may be called at any time by the Chairman, or by two or more of the members of the Commission, by serving notice of the time, place, and purpose of the meeting upon each member of the Commission and the Executive Officer. Such notice shall be served at least 24 hours before the time set for the hearing and such service shall be deemed to be completed with respect to a member upon the happening of any of the following events:

• Personal service upon a member
• Delivery to the last known residence or business address of the member.
• The expiration of 72 hours after the deposit of said notice in the United States mail, postage prepaid, addressed to the last known residence or business address of the member.

7. Special meetings called in accordance to the above provisions shall be held in the same location as regular meetings, unless that location is not available, and shall commence at the same hour as regular meetings. No other business may be considered at a special meeting other than that set forth in the notice of hearing.

8. Public notice of regular and special meetings will be provided in accordance with the provisions of the Cortese-Knox-Hertzberg Act, the Brown Act and the California Environmental Quality Act as applicable.

G. MEETING PROCEDURES

1. A quorum shall be constituted by the presence of four or more members of the commission. If there is less than a quorum then the meeting shall be adjourned to a designated time and place.

2. A majority vote of four or more commissioners shall be required to transact business and no act will be valid without a majority vote.

3. In the event of a quorum of four members only, a unanimous vote by the four members comprising the quorum is required to transact business.

4. Robert’s Rules of Order are designated as the general guide for conducting meetings and will be used to resolve points of order.

5. Any person desiring to address the Commission shall first secure the permission of the chair. That person shall step up to the podium and give his or her name and address the Commission in an audible tone of voice. All statements from the floor and questions from interested persons shall be addressed to the commission. Unless additional time is allowed by the majority of the Commission, the Chair may limit the time of address to the Commission. The Chair may limit the number of persons addressing the Commission on the same matter so as to avoid unnecessary repetitions. Whenever a group wishes to address the Commission on the same subject matter the Chair may request that a spokesperson be chosen by the group.

7. A roll call vote shall be conducted for all resolutions, budget approval, expenditure of funds, or to enter into any contract.

9. The roll need not be called on other items in voting upon a motion unless ordered by the Chair, requested by a member, or required by law.

10. When roll is called all members shall vote audibly, the Chair shall be called last and the vote of each Commissioner shall be recorded.

11. Non-agenda items shall not be acted upon except as allowed by the Brown Act, however, Commissioners or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights. In addition, on their own initiative or in response to questions posed by the public, Commissioners or staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her activities. Furthermore, a Commissioner, or the Commission, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. [Section 54954.2(a)]

12. The Commission may take action on items of business not appearing on the posted agenda under any of the conditions stated below. (Prior to discussing any non-agenda item the Commission, through announcement by the Chair, shall publicly identify the item to be discussed.) [54954.2(b)] Upon a determination by a majority vote of the Commission that an emergency situation exists, as defined in Section 54956.5 of the Government Code. Upon a determination by a two-thirds vote of the members of the Commission present at the meeting, or if less than two-thirds of the Commissioners are present, a unanimous vote of those Commissioners present, that there is a need to take immediate action and that the need for action came to the attention of the Commission subsequent to the agenda being posted. The item was posted for a prior meeting of the Commission, occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

12. The Commission may act by resolution or minute order, with the exception that all final determinations on changes of organization or reorganization shall be taken by resolutions. All resolutions shall be signed by the Chairman and attested by the Executive Officer.

H. RECORD OF PROCEEDINGS

1. All meetings including sub-committee meetings shall have minutes kept.

2. Minutes of the proceedings of Commission meetings shall be maintained in writing and shall be permanently maintained in an appropriate file. Upon Commission approval said minutes shall constitute the official record of the Commission.

3. The minutes shall be kept by the Executive Officer or Commission Clerk with a record of each particular type of business transacted set off in paragraphs with proper subheads.

4. Minutes will be kept for such business as was actually acted upon by a vote of the Commission and shall not be required to record any remarks of members, or any other person except that a record shall be made of the names and addresses of persons addressing the Commission, the title of such matter to which their remarks related and whether they spoke in support or opposition to such matter.

5. Commissioners who wish to have statements placed into the minutes shall provide a written account of such statement to the Executive Officer at the meeting.

14. A copy of the minutes for the preceding meeting shall be mailed to each Commissioner with the next agenda packet. At the next regular meeting, the minutes of the previous meeting shall be considered for approval by the Commission. Unless a Commissioner requests the reading of the minutes of a meeting, such minutes may be approved without reading.

15. Any person may, prior to any meeting, request the commission to cause a stenographic or electromagnetic record to be made of a meeting. If the cost of making that record is borne by that person, the Commission shall cause that record to be made. The Commission will require any person requesting the record to be made to deposit the estimated cost of making the record with the Commission prior to the hearing. That person must make the request in sufficient time before a hearing such that timely arrangements can be made. If timely arrangements cannot be made, this will not be cause to postpone the hearing.

H. SPECIAL COMMITTEES

The Commission has two appointed committees as follows:

1. The Executive Committee, which consists of, the Chair, Vice-Chair and one other member appointed by the Chair. The duty of this committee is to review and recommend on the following:

• Staffing to the Commission including annual review
• Development of the annual budget starting in February for presentation to the Commission by April.
• Legal/closed session related issues
• Other items to be considered at the discretion of the Chair.

2. The Planning Committee which consists of three members appointed by the Chair to include one City, County and one district or public member, if possible. The purpose of this committee is to: Mediate issues arising from complex applications with staff and applicant with recommendations prior to full Commission hearing. Review and update the policies and procedures as needed or per Commission request. Develop and recommend standards for practices of the Commission.

3. The Chair may appoint an ad-hoc committee as thought appropriate for specific issues or circumstances.

I. COMMISSION STAFF

1. The Commission staff shall consist of an Executive Officer, Assistant Executive Officer (if needed), Analysts (if needed) Counsel and Commission Clerk (if needed).

2. The Executive Officer is appointed under a renewable contract by the Commission. The Executive Officer is the chief administrative official and implements the policies and directives that the Commission establishes and which are required under C-K-H.

3. The Executive Officer may appoint an Assistant Executive Officer, who shall be subordinate to, and have the powers and duties of the Executive Officer when acting in his stead.

4. The Executive Officer may appoint a Clerk of the Commission for purposes of preparing and distributing agenda packets, preparing minutes, making and posting notices, accepting filings and the like.

5. Counsel shall be chosen through a competitive or single source bid for an annual or multi-year renewable contract. Attorneys who provide legal counsel to cities or special districts within Mendocino County shall not be eligible to provide legal counsel to the Commission due to their potential conflict of interest.

6. An auditor for purposes of performing an annual audit shall be chosen through competitive bid for an annual or multi-year renewable contract.

J. CONFLICT OF INTEREST

The Political Reform Act, Government Code Sections 81000 et seq. requires each state and local government agency to adopt and promulgate a Conflict of Interest Code. The Fair Political Practices Commission has adopted Regulation 2, California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code. This standard Code can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, terms of Regulation 2, California Code of Regulations, Section 18730 and any amendments to it, duly adopted by the Fair Political Practices Commission are incorporated by reference herein.

1. Members and alternate members of the Local Agency Formation Commission shall file Statements of Economic Interests as required by Government Code Section 87200 or this Conflict of Interest Code.

2. The following designated contractors of the Local Agency Formation Commission shall file Statements of Economic Interests: the Executive Officer and Counsel.

3. Statements of Economic Interests shall provide disclosure in all of the following categories: All sources of income, interests in real property, and investments and business positions in business entities located in or doing business in Mendocino County, unless exempted by the exceptions as allowed and as detailed on the Statement of Economic Interests forms.

4. Individuals or firms contracting with the Local Agency Formation Commission of Mendocino County for the provision of goods and services are not required to file Statements of Economic Interests unless the Executive Officer of LAFCO determines in writing that the contractee has been hired to perform a range of duties that falls within the scope of 2 California Code of Regulations Section 18700 (c). Any such written determination shall include a description of the contra tee’s duties and, based upon that description, a statement of the extent of economic disclosure requirements. Such determination shall be a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

5. Statements of Economic Interests shall be filed with the Local Agency Formation Commission of Mendocino County by April 1^st.

6. The Political Reform Act (81000 et seq.) prohibits a person appointed to LAFCO from soliciting or accepting campaign contributions of more than $250 within the preceding 12 months from proponents, opponents, other parties to the proceedings or their agents while a proceeding is pending before LAFCO and for three months following the decision. LAFCO commissioners who receive such contributions are required to disqualify themselves from participating in the proceedings. Both Commissioners and contributors who are parties to the proceedings are required to disclose contributions received or made. Proponents should be aware of the disclosure requirements associated with proposals submitted to LAFCO. It is also required that expenditures for political purposes and contributions in support of, or opposition to, a change of organization or reorganization that has been submitted to LAFCO be disclosed and reported in the same manner as initiative measures [56700.1]

K. LAFCO FEES

1, The Commission shall annually review fees and adopt a fee schedule for the purpose of recovering reasonable costs of all proceedings taken pursuant to the Cortese-Knox-Hertzberg Act.

2. The schedule for fees shall not exceed the estimated reasonable cost of providing the service for which the service is charged and shall be imposed pursuant to Section 56383.

3. No petition or application shall be deemed filed until the fee has been deposited with the Executive Officer.

4. If an application is withdrawn, LAFCO will refund fifty percent of the submitted fee, or a sum equal to the original fee minus processing costs to date, whichever ensures that LAFCO recovers its actual costs.

5. No refunds will be provided after a public hearing has been scheduled and LAFCO’s scheduling procedure has been conducted. (Scheduling procedure includes mailed notices, legal ads, other agency notification, etc.)

6. Projects, which change substantially and require major revisions of previously completed work may be subject to the collection of new fees.

7. Proposed projects which include requests for minor administrative or corrective actions shall be “De Minimis” for application processing and fee collection purposes if staff determines the project: Is consistent with Section 56668, factors to be considered, and LAFCO Policies and Procedures. Will not cause significant adverse impacts upon an agency or individual Is defined as ministerial under, or qualifies for an exemption from the requirements of CEQA. May be approved without notice or public hearing.

L. APPEAL OF FEES

LAFCO fees may be appealed before the Commission.

1. Appeals shall be submitted in writing with the application and contain specific justification of the request. The appeal will consider at the next LAFCO regular scheduled meeting.

2. Project processing will not begin until a fee determination is rendered by the Commission.

3. The Commission may waive, defer, or reduce fees based on the determination that the payment of such fees will result in undue and extra hardship to the applicant that is not caused by the applicant’s own action, and where it can be demonstrated that the project is necessary or valuable for the public health, safety and welfare.

M. LEGAL DEFENSE FEES

The direct costs for legal defense of a LAFCO decision, process, or approval are considered application-processing fees and are the responsibility of the applicant.

1. As a condition of application for any action, the Commission will impose a condition which requires, in the event of legal challenges, that the applicant assumes full legal defense costs because they are a liability incurred by LAFCO for receiving and acting on an application and as a result of project approval. [56383, 56886(f)] No application will be considered filed until the Indemnity Agreement is signed by the proper agents of the agency. The Executive Officer is hereby directed not to issue a Certificate of Filing until the Indemnity Agreement is received and properly signed. (See Chapter IV, Section J, Indemnity Agreement)

2. If legal advice is required for LAFCO because of an application, the proponents will be responsible for the cost of legal counsel. This could include: Specialized or extensive legal advice needed because of the application Conflict attorney costs Administrative or court challenges before a public hearing. Any other legal costs required of LAFCO because of the application

3. The Commission shall include within its resolution of approval, a condition that requires the applicant to defend, indemnify, and hold the Commission and the staff harmless, in the event that legal action is taken against LAFCO as a result of a project’s approval.

4. The Commission reserves the right to waive payment if it finds that payment of such fee will result in extraordinary hardship to the applicant and where it can be demonstrated that the project is necessary for the public health, safety and welfare.

5. The Executive Officer shall promptly notify an applicant of any legal action brought challenging the Commission’s action, and the Commission, its agents and employees shall cooperate fully in the defense of that action.

6. The applicant may provide his or her own counsel in the defense of the action taken, under the supervision of the LAFCO counsel in that defense. In either case the Executive Officer shall require a deposit of funds sufficient to cover estimated expenses of legal advice or litigation costs.

N. LAFCO BUDGET

LAFCO is an independent Commission that adopts and administers its own budget and controls its own expenditures. Government Code 56381 et seq. and the following policies shall control the LAFCO budget process.

1. LAFCO will annually review and adopt a work plan to fulfill the programs of state law and local policy. The work plan will guide the development of the budget by the Executive Committee.

2. The budget will identify the resources available for LAFCO’s use under the law and those resources necessary for the purpose of carrying out state law and the Commission’s goals and policies.

3. LAFCO will encourage an open collaborative process in the development of the budget.

4. The Executive Committee will begin its meeting on the budget by no later then March so that the full Commission may hold a workshop in April on the budget recommended by the Committee. The first public hearing on the Proposed Budget will be heard in May, with the final budget hearing and adoption in June.

5. The Executive Officer shall serve as the budget administrator to prepare, present, transmit, review, execute and maintain the LAFCO budget.

6. The annual budget will include a minimum reserve set at 10% of total operating expense.

7. The annual budget will include a fund set by the Commission for purpose of funding sphere updates or sphere reviews, service reviews and special studies and any tasks, consultants, special staff or CEQA review associated with this process. This fund may be carried over from year-to-year for purposes of accumulating sufficient reserves to accomplish the indicated tasks. Excess funds in other line items not used as budgeted shall accumulate to this reserve.

8. Fees for proceedings will be charged by LAFCO at the maximum justifiable level in order to reduce agency apportionment costs.

9. After apportioning the costs of the adopted budget as required in 56381(b), the auditor shall request payment from the Board of Supervisors and from each city and each independent special district no later then July 1 of each year for the amount that the entity owes and the actual administrative costs occurred by the auditor in apportioning costs and requesting payment from each entity. If the county, city or special district does not remit its required payment within 60 days, the Auditor shall collect an equivalent amount from the property tax, or any fee or eligible revenue owed to the city, county or special district. [56381(c)]

10. At the first of each year the Board of Supervisors shall transmit an advance equal to 1/6 of the final LAFCO budget to cover the first two months expenses of each fiscal year. [56381(c)]

O. FORMS POLICY

1. The Executive Officer is authorized to create application forms and any other necessary forms for the processing of proposals to LAFCO. He or she may change the forms as appropriate without prior Commission approval to allow for changes in law, policy or need for a more efficient and effective management of the processing of proposals.