Transcript LAFCO’S IN THE 21ST CENTURY

LAFCO FEES
The Statutory and Legal Framework
2010 Annual CALAFCO Meeting
Hilton Hotel, Palm Springs
Scott Browne
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Legal Framework
for LAFCO Fees
Constitutional Limitations – Prop 218
General Local Agency Statutory Fee
Regulations
CKH Requirements
Court Decisions
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Constitutional Limitations
Article 13D of the California Constitution
(Proposition 218) No State Commission or
Statewide agency
Local Control; no State appointees
A LAFCO in every county to make decisions at a
local level but intended to promote state policies
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Statutory Fee Regulations on
Local Agencies
Two Types of Fee Regulation:
– Agency Application Fees
– Impact Mitigation Fees
Agency Application Fees Regulated by GC 6601466017
Impact Fees Regulated by AB 1600 GC 66000 et
seq.
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Application Fee Requirements
(Pg. 1)
§66014 Specifically Includes LAFCo Fees
Fees shall not exceed the estimated reasonable
cost of providing the service for which the fee is
charged. § 66014
Must hold a “public meeting” to adopt fees and
Provide public Fee Justification Report 10 days
prior to meeting
Fee changes must be adopted by formal resolution
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Legislative History – Part 2
1977 - Municipal Organization Act (MORGA)
Updated city annexation procedures and incorporated
LAFCo role
1983 - Deadlines to prepare spheres –
LAFCOs must plan now
1985 - Cortese-Knox Local Government
Reorganization Act – Recodification
1993 - AB 1335 (Gotch)
• LAFCO can initiate certain changes of organization
• LAFCO can waive conducting authority hearing
• Easier to seat special districts
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Legislative History – Part 3
2000 – CORTESE-KNOX-HERTZBERG
Major reform of LAFCo Law
Broaden LAFCO funding formula
Make LAFCO conducting authority for changes
Require periodic Sphere of Influence updates
Require Municipal Service Reviews
Require LAFCO to adopt policies and act consistent with
those policies
Require cities to prezone land
Add new factors – water supply, regional housing
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Legislative History – Part 4
Post 2000 Additions to CORTESE-KNOXHERTZBERG
Legislature Has Continued to Use LAFCo to Promote
Particular Policies
Added provisions to factors LAFCo Must Consider:
– Environmental Justice (56668(o))
– AB 853 Service Needs of “Disadvantaged inhabited communities”
(56425 (e)(2))
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LAFCOs are Independent
State laws guide LAFCO action, but give broad
discretion to Commission to apply law in light of
local circumstances
LAFCo Decisions are legislative—Courts will defer
to LAFCo decision as long as procedurally correct
and consistent with state law
CKH Section 56325.1 Mandates that
Commissioners act independently of their
appointing agency on behalf of the interest of the
public as a whole.
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What the Courts have said
about LAFCO
LAFCO is engaged in the pursuit of an overriding State
purpose and is the Legislature’s “watch dog” for
governmental efficiency
LAFCO is independent, not part of County
LAFCO is quasi-legislative; limited legal challenge to LAFCO
decisions
LAFCO is an agency of “broad discretionary authority”
LAFCO cannot directly regulate land use but must consider
land use issues in making its decisions
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As a planning agency LAFCO
Develops and periodically updates Spheres of
Influence for cities and districts
Prepares Municipal Service Reviews to help
Update Spheres of Influence and coordinate the
provision of services
Works cooperatively with public and private
agencies and interests
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As a regulatory agency LAFCO
Regulates boundaries of existing agencies, creation
of new ones and the local governmental structure
Can approve changes only if consistent with
spheres of influence and Commission policies
Controls extension of public services by contract
without annexations
Is prohibited from directly regulating how land is
used . . . but
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LAFCO does not have
jurisdiction over
Urban Development not requiring annexations or formations
Redevelopment agencies
Mello-Roos districts
School districts
Special purpose districts
Municipal Advisory Councils
COGS or Area Planning Commissions
Transit Districts
Joint Powers Authorities
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LAFCO Authority
LAFCo has broad discretion to approve or disapprove
projects
LAFCo has limited authority to directly impose conditions
on its approval
LAFCo can impose fees and other mitigations
LAFCo Cannot Directly Impose Regulations on Land Use but
this does not mean LAFCo does not regulate Land Use
LAFCo’s Can Utilize Their Broad Disapproval Authority to
encourage land use agencies to modify projects to make
them consistent with LAFCo policies.
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Environmental review of
LAFCO decisions
Most LAFCO approvals are "projects" under CEQA
Pre-zoning makes a city the lead agency, and
LAFCO then is a responsible agency
LAFCO’s role under CEQA as a Responsible
Agency is limited
Categorical exemptions are tailored to LAFCO
actions - Classes 19 and 20
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