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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Orange County Grand Jury
• 2014-2015
Orange County Local Agency Formation Commission (LAFCO): It's Time to Redraw the Lines
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 7 findings
F1
Page 454
OC LAFCO’s has failed to effectively fulfill its legislative mandate to proactively pursue efficiency of local governmental organizations by restructuring them and reshaping their boundaries in a logical, orderly, and timely manner.
F2
Page 454
OC LAFCO has failed to use its latent power to initiate, let alone obtain, a single consolidation since the Legislature delegated this authority to it 22 years ago.
F3
Page 454
OC LAFCO discontinued its Unincorporated Islands Program, Unincorporated Islands Incentive Program, and Stakeholder Plan, all of which enabled it to streamline and fast-track the annexation process.
F4
Page 454
The County of Orange has withdrawn assistance to OC LAFCO in its effort to annex unincorporated islands by terminating its robust Unincorporated Islands Revitalization and Annexation Strategy and by withdrawing the assigned analyst who previously was on loan to OC LAFCO to provide fiscal analysis and data in support of island annexations.
F5
Page 454
The County of Orange has failed to facilitate and assist OC LAFCO in its annexation efforts by not offering greater incentives to both the annexing cities and the islands to be annexed, such as infrastructure improvements, property-tax exchange, and cost-sharing agreements, through memoranda of understanding and pre-annexation agreements.
F6
Page 454
By requiring staff to check with the Orange County supervisor in whose district an island lies before commencing an annexation proposal OC LAFCO is risking a loss of independence and objectivity. .
F7
Page 454
OC LAFCO discontinued the Islands Community Task Force, which has impacted its annexation efforts. RECOMMENDATIONS In accordance with California Penal Code sections 933 and 933.05, the 2014-2015 Grand Jury requires responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. REPORT 2014-2015 Orange County Grand Jury 17 Orange County Local Agency Formation Commission (LAFCO): It’s Time to Redraw the Line Based on its investigation titled “Orange County Local Agency Formation Commission (LAFCO): It’s Time to Redraw the Line,” the 2014-2015 Orange County Grand Jury makes the following six recommendations:
Recommendations 6
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R1Page 455Orange County LAFCO should proceed to identify and prioritize special district consolidations and mergers, commence the necessary studies, and then initiate the appropriate petitions or proposals. (F.1., F.2.)
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R2Page 455Orange County LAFCO should revive and reinstate its Unincorporated Islands Program and Community Islands Task Force, and it should expand its Unincorporated Islands Incentive Program and Stakeholder Plan to streamline and fast-track the annexation effort. (F.3.)
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R3Page 455The Orange County Board of Supervisors should revive and reinstate its Community Revitalization and Annexation Strategy and dedicate an analyst from the County Finance Office, whose sole duties would be to assist Orange County LAFCO with its efforts to promote annexation of the remaining unincorporated islands. (F.4.)
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R4Page 455The Orange County Board of Supervisors should assist OC LAFCO in facilitating and expediting the annexation effort by offering greater incentives to both the annexing cities and the islands to be annexed, such as infrastructure improvements, fiscal subsidies, MOUs, and cost-sharing agreements. In addition, the County should consider imposing a special assessment on the island property to help defray the County’s costs of providing municipal services to those islands. (F.5.)
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R5Page 455Orange County LAFCO’s practice of deferring to the Orange County Supervisor in whose district an island lies should be changed to better allow OC LAFCO to fulfill its role independently and objectively. (F.6.)
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R6Page 455Orange County LAFCO should revive and reconstitute the Unincorporated Islands Community Task Force and set specific goals to expedite annexations of all remaining small islands by a certain date and annexations of all large islands by another date certain. (F.7.) REQUIRED RESPONSES The California Penal Code section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such elected official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control to the Presiding Judge with an information copy sent to the Board of Supervisors. REPORT 2014-2015 Orange County Grand Jury 17 Orange County Local Agency Formation Commission (LAFCO): It’s Time to Redraw the Line Furthermore, California Penal Code section 933.05, subdivisions (a), (b), and (c), provides as follows, the manner in which such comment(s) are to be made: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code section 933.05 are required from: Responses Required: The Orange County LAFCO Board of Commissioners is required to respond to Findings F.1, F.2., F.3., F.6., and F.7.; and Recommendations R.1., R.2., R.5., and R.6. The Orange County Board of Supervisors is required to respond to Findings F.4. and F.5.; and Recommendations R.3., and R.4. REPORT 2014-2015 Orange County Grand Jury 17 Orange County Local Agency Formation Commission (LAFCO): It’s Time to Redraw the Line
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.