california association of local agency formation commissions lafco 101 a special district...

California Association of Local Agency Formation Commissions

What’s Ahead

Why LAFCo was createdLAFCo’s role and functionsWhat are MSRs and SOIs, and

why do them anyway?Special District IssuesYour questions


Promote orderly growth

Prevent sprawl

Preserve agriculture and open space

Assure efficient, sustainable public services


Creates new cities and special districts

Changes boundariesChanges authorized servicesAllows service extensionsPerforms municipal service

reviewsReorganizes local agencies

What Does LAFCo Do??


Post World War II population and housing boom in California

Street car suburbs; scramble to finance and extend services

City annexation "wars;" proliferation of limited purpose special districts

Confusion with multiple local governments

Why Create a LAFCo?


1970 19,953,1341980 23,667,9021990 29,760,0212000 33,871,648

2009 36,961,664


No state commission or statewide agency Local control; no state appointmentsA LAFCo in every county Each LAFCo independent

Legislative Solution(1960 to 1963)


Nearly 50 Years of LAFCo1963 – Knox Nesbitt Act1965 – District Reorganization

Act1971 – Spheres of Influence1972 – Districts seated on LAFCo1985 – Cortese Knox Local

Government Reorganization Act2000 – Cortese Knox Hertzberg

Local Government Reorganization Act


2 county supervisors, 2 city council members, 1 public member

29 LAFCos have 2 special district board members

An alternate member for each category

Members required by law to represent interests of all the public

Commissions a Unique Mix

29 LAFCos with Special District Members


Includes: Counties, cities, most special

districts

Does NOT include: Redevelopment agencies or JPAs Community facilities or Mello-Roos

districts School or college districts County boundary lines Bridge and highway districts Transit or rapid transit districts Improvement districts

Jurisdiction


Develop and update Spheres of Influence for cities and districts

Prepare Municipal Service Reviews for all local agencies

Work cooperatively with public and private interests on growth, preservation and service delivery

As a PLANNING Agency


Manages modification of existing agencies and creation of new ones

Approves boundary changes if consistent with spheres

Controls extension of public services

Is prohibited from directly regulating how land is used, but …

As a REGULATORY Agency


Commissioners make final decisions

Decisions cannot be appealedAdopt local policiesExecutive Officer accountable

to commission and statutes Administrative authority as an

independent public agency

LAFCos Are Independent


Must adopt a budget each fiscal year

Funded by the county, cities and special districts in equal thirds

Local funding formulas allowedProcessing fees help offset

expenses

LAFCo is Funded Locally


The Courts Support LAFCo AuthorityEngaged in the pursuit of an

overriding State purposeIs quasi-legislative; limited

legal challenge to decisionsDeterminations vs. findings

Is the Legislature’s “watch dog” on local governments


The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000


Spheres of Influence §56425

(a) “… the commission shall develop and determine the sphere of influence of each local governmental agency within the county and enact policies designed to promote the logical and orderly development of areas within the sphere.”


Typical Sphere of Influence Map


In determining the SOI the commission considers … 1.Present and planned land uses,

including agricultural and open-space

2.Present and probable need for public facilities and services

3.Present capacity of public facilities and adequacy of public services

4.Existence of any social or economic communities of interest




(g) “The commission may recommend governmental reorganizations to particular agencies in the county, using the spheres of influence as the basis for those recommendations.” (added in 2001)


Municipal Service Reviews

§56430 “In order to prepare and to

update spheres of influence in accordance with Section 56425, the commission shall conduct a service review of the municipal services provided in the county or other appropriate area designated by the commission.”

Added in January, 2001


Service Reviews Have Details §56430

Growth projectionsPresent and planned capacityFinancial ability of agencyShared facilities AccountabilityOther matters


When Are SOI/MSRs Done?

All spheres updated by 1 January 2008

Subsequent reviews every five years, as necessary 1 January 2013 next

deadlineMSR required with

sphere update


Viable local agencies and services

Consolidation of agenciesRegional planning – SB 375 Infrastructure and capacityUrbanization outside of citiesDisadvantaged

unincorporated communities

District/LAFCo Issues on the Horizon


Special Districts on LAFCo:

Why, Why Not, & How


Why be on LAFCo?

Gain a seat at the tableIf you’re not at the table,

then you are on the tableSpecial Districts are

becoming more visible; concerns

Bring district perspective to LAFCo policy discussions


Districts Benefit from Serving on LAFCo

Special Districts have two votes in LAFCo deliberations LAFCo Policies Annexations & reorganizations of cities

and districts MSR and Sphere of Influence decisions Latent powers of districts District consolidations and dissolutions


LAFCo is the ONLY venue where special districts can fully participate equal to cities and the county

All special districts gain stature when seated on LAFCo

Build better relationships with county supervisors and mayors

Districts Benefit from Serving on LAFCo


Districts bring a perspective distinct from general governments

Districts are service-focused and bring knowledge of infrastructure

Districts are often more in tune with the spirit and intent of LAFCo law

Districts alter the dynamics between the county and cities

LAFCo Benefits from Districts


Cost of Being Seated on LAFCoCSD, San Luis Obispo County -

0.37% $19,756 of $5.3 million O&M budget

CSD, Santa Barbara County - 0.09% $1,242 of $1,346,587 O&M budget

56381(1)(a): LAFCo is funded one-third each from the county, cities and independent special districts

Can be negotiated . . .


Changes to Districts:

No longer “just a small district”

Changes the balance of powerThere will be change, and

by being at the table, you have a vote and a voice in the process


On-LineResources

www.calafco.org


www.calafco.orgInformation and resources on LAFCo law and process

california association of local agency formation commissions lafco 101 a special district...

Documents

local agencies

planning agency slide

regulatory agency slide

public commissions

statewide agency local

multiple local governments

special district members

years of lafco