To: Board of Supervisors
Department or Agency Name(s): County Administrator’s Office
Staff Name and Phone Number: Christina Rivera, County Executive - (707) 565-2048, Mark Bramfitt, LAFCO Executive Officer - (707) 565-3765
Vote Requirement: Majority
Supervisorial District(s): All
Title:
Title
Local Agency Formation Commission FY2024-25 through FY 2028-29 Memorandum of Understanding and Executive Officer Personal Services Agreement
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Recommended Action:
Recommended action
A) Authorize the Board of Supervisors Chair to sign the Memorandum of Understanding Between the County of Sonoma and the Sonoma Local Agency Formation Commission for FY2024-25 through FY2028-29.
B) Authorize the County Executive to execute a Personal Services Agreement with the Executive Officer of the Sonoma Local Agency Formation Commission, an at-will employee of the County, for FY2024-25 through FY2028-29.
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Executive Summary:
The Memorandum of Understanding with the Sonoma Local Agency Formation Commission (LAFCO) formalizes the relationship between the County of Sonoma (County) and LAFCO for the purposes of outlining the County’s responsibilities to provide professional and support staffing, office space, equipment and supplies.
On November 19, 2019, the Board adopted the five-year memorandum of understanding (MOU) between the County and Sonoma Local Agency Formation Commission for the period of FY2019-20 to FY2023-24. The proposed MOU will encompass another five-year term from FY2024-25 through FY2028-29.
As part of the County’s responsibility to LAFCO within the MOU, the County Administrator’s Office carries out the employment actions pertaining to the provision of professional and support staff which includes finalizing the execution of a Personal Services Agreement between the County and the selected LAFCO Executive Officer.
The proposed MOU and Professional Services Agreement have been revised to align with Section 56384 of the https://calafco.org/Cortese_Knox_Hertzberg_Act, reverting authority to the Commission to select and appoint the LAFCO Executive Officer.
Discussion:
Local Agency Formation Commissions were created by California State legislature in 1963 with a purpose to regulate the boundaries of cities and special districts and preserve agricultural land resources among other responsibilities. Currently, there are fifty-eight (58) LAFCO’s that operate in each California County under the CKH Act. The CKH Act expanded LAFCO functions and operations and authorized independence for each LAFCO Commission, including naming its Executive Officer, Legal Counsel, hiring staff, and approving and maintaining a separate budget.
The LAFCO Commission is comprised of seven regular members and four alternate members, one from each membership category. The regular members are:
• Two members elected by the City Selection Committee of the Mayors and Councilmembers’ Association from among the nine cities’ mayors and council members;
• Two members appointed by the Chair of the County Board of Supervisors from among its membership;
• Two members elected by independent special districts from among the members of the boards of directors of the districts; and
• One member appointed by the Commission from the public. The public member and alternate public member cannot be a current officer or employee of the County of Sonoma or of any city or special district located in Sonoma County.
At this time, Supervisors Hermosillo and Gore serve as LAFCO County members; Supervisor Coursey serves as the alternate member.
As allowed by the CKH Act, a MOU was established in 2001 between the County of Sonoma and Sonoma LAFCO whereby the County, through the County Administrator’s Office, provides professional and administrative support staff to LAFCO. The MOU includes facilities, equipment, and supplies to support LAFCO operations, which are funded in the separate LAFCO budget. In addition, County Counsel provides legal services for which LAFCO pays directly.
Proposed revisions within the MOU between the LAFCO Commission and the County, primarily focus on the language for appointment of the LAFCO Executive Officer. Section 1(c) related to Professional and Support Staff, has been revised to align with Section 56384 of the CKH Act which delegates authority to appoint an executive officer to the LAFCO Commission. Staff recommends that the Board of Supervisors authorize the Board of Supervisors Chair to sign the Memorandum of Understanding for the Sonoma Local Agency Formation Commission for Fiscal Years 2024-25 through FY2028-29.
The LAFCO Commission and its legal counsel requested revisions to the language in the MOU. Delays were necessary to negotiate the legal aspects of these revisions and ensure all revisions in the MOU were incorporated into the Executive Officer Personal Services Agreement, as well as calculate the Unfunded Actuarial Accrued Liability (UAAL).
On November 6, 2024, the LAFCO Commission provided its support to renew the Personal Services Agreement for the current LAFCO Executive Officer. The proposed LAFCO Executive Officer Personal Services Agreement (Agreement) revises the language from the previous agreement to provide appointing authority of the LAFCO Executive Officer to the LAFCO Commission as its official. The Board has the appointing authority of the LAFCO Executive Officer as a County employee and approves the Personal Services Agreement. The actions to execute the Agreement are carried out by the County Administrator’s Office. This revised language aligns with the CKH Act Section 56384, by reverting appointing authority to the Commission. In accordance with the classification specification for LAFCO Executive Officer, this position is an “at will” employee of the County. Staff recommends the Board of Supervisors authorize the County Executive to execute the FY2024-29 LAFCO Executive Officer Personal Services Agreement.
In addition, as part of the FY2019-20 budget, the Board of Supervisors approved the adoption of a financial policy directing that agreements with other public agencies incorporate language with the goal of ensuring 100% recovery of current and future staffing costs. These costs include future retirement expenses of County employees who act on behalf of other agencies. Revisions were made in the FY2019-24 MOU based on this policy and the proposed MOU continues to include this language. Calculations of the Retirement System’s UAAL for LAFCO are reflected in Attachment III. In FY 2021-22 the County’s pre-payment of unfunded liability totaled $3.75 million and $3.5 million in FY2023-24. The outstanding unfunded liability payments for LAFCO related to those two fiscal years is $5,508. The County’s apportionment of 40% totals $2,203. An additional assessment of any outstanding liability payment for employees will be calculated upon termination of the employee contract services.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
N/A
Fiscal Summary
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FY25-26 Adopted |
FY26-27 Projected |
FY27-28 Projected |
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Narrative Explanation of Fiscal Impacts:
The fiscal impact of the update to the LAFCO MOU regarding supplemental unfunded liabilities for FY 2021-22 and FY 2023-24 is $5,508, which is associated with unfunded pension liability prepayments authorized thus far by the Board of Supervisors for county employees. The County’s share of this total supplemental unfunded liability is 40% or $2,203.
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment I - LAFCO MOU
Attachment II - LAFCO Executive Officer Personal Services
Attachment III - Updated LAFCO MOU UAAL Calculation
Related Items “On File” with the Clerk of the Board:
None