Transcript LAFCO’S IN THE 21ST CENTURY

LAFCO 101
New Commissioners and Staff Workshop
2006 CALAFCO CONFERENCE
Westin Horton Plaza, San Diego
September 5, 2006
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Ventura LAFCO – February 11, 1981
(Partial Transcript
Mr. Chairman, my name is Duane Lyders. I’m the City
Attorney of the City of Oxnard.
We’ve come a long way from the 1960s – when the law
of the jungle prevailed – before LAFCO came into
existence, when cities, based upon the political
power that they could muster, would gobble up large
acreages and hold them for future expansion.
I submit that the principle which has supplanted the law
of the jungle – the principle embodied in the statutes
creating LAFCO – is what we are dealing with today.
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LAFCO’S PURPOSES ARE TO
Encourage orderly boundaries and
discourage urban sprawl
Conserve agriculture and open space
Promote efficient public services
Consider regional housing needs,
adequate water and other essential issues
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A FEW CALIFORNIA FACTS
Population in 2005
2000
 1990
 1980
 1970
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36,132,147
33,871,648
29,760,021
23,667,902
19,953,134
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LOCAL GOVERNMENTS
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478
2,500
2,500
???
Counties
Cities
Independent Districts
Dependent Districts
JPAs, RDAs, CFDs
school districts, etc.
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What the Courts have said
about LAFCO
LAFCO is engaged in the pursuit of an
overriding State purpose
State laws fully occupy the field
LAFCO is quasi-legislative; limited legal
challenge to LAFCO decisions
LAFCO is independent, not part of County
LAFCO is the Legislature’s watch dog for
governmental efficiency
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Why LAFCO came about
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
Governor Pat Brown’s Commission on
Urban Problems focused on need to
encourage orderly boundaries
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Legislative Compromise
No State Commission or Statewide agency
Local Control; no State appointments
A LAFCO in every county
LAFCO are independent agencies
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Who is LAFCO? Unique Mix
All Local Folks – 2 County supervisors,
2 city officials, 1 public member
Many LAFCOs also have 2 special district
members
An alternate member in each category
Members are to represent the interests of
the entire public
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Legislative History – Part 1
1963 - Knox-Nesbitt Act – the beginning LAFCOs created to regulate
1965 - District Reorganization Act (DRA) –
Clean-up the procedures
1971 - Requirement for spheres of influence –
LAFCOs are to plan too
1972 - Allow special districts to LAFCO with
control of latent powers
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Legislative History – Part 2
1977 - Municipal Organization Act (MORGA)
Clean up more procedures
1983 - Deadlines to prepare spheres –
LAFCOs must plan now
1985 - Cortese-Knox Local Government
Reorganization Act – Recodification
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Legislative History – Part 3
1993 - AB 1335 (Gotch) – Several reforms
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LAFCO can initiate changes
LAFCO can waive conducting authority hearing
Easier to seat special districts
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Legislative History – Part 4
2000 - AB 2838 (Hertzberg) – More reforms
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Broaden LAFCO funding formula
LAFCO is the conducting authority for changes
Require periodic sphere of influence updates
Require Municipal Service Reviews to update spheres
Requires city/communication re city sphere expansions
Requires cities to prezone land
Adds new LAFCO factors – water supply, regional housing
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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
coordinate provision of services
Works cooperatively with public and private
agencies and interests
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As a regulatory agency LAFCO
Manages the modification of existing
agencies and creation of new ones
Can approve changes only if consistent
with spheres of influence
Controls extension of public services
without annexations
Is prohibited from directly regulating how
land is used . . . but
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LAFCOs are Independent
Commissioners make final decisions
State laws fully occupy the field
LAFCO decisions cannot be appealed
to other administrative bodies
Executive Officer is solely accountable
to the Commission and the statutes
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Environmental review of
LAFCO decisions
Many LAFCO approvals are "projects"
under CEQA
Pre-zoning makes a city the lead agency
Categorical exemptions are tailored to
LAFCO actions - Classes 19 and 20
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LAFCO does not have
jurisdiction over
Redevelopment agencies
Mello-Roos districts
School districts
County boundary lines
Municipal Advisory Councils
Area Planning Commissions
Transit Districts
Joint Powers Authorities
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LAFCO Staffing
LAFCO provides for its own quarters,
equipment, supplies and personnel.
LAFCO appoints an Executive Officer to
conduct the day-to-day business and
make recommendations on proposals
LAFCO appoints a Legal Counsel
LAFCO can contract for staff services
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LAFCO Funding & Budget
State mandate – LAFCO adopts a budget
for each fiscal year
LAFCO is funded by the County, cities and
special districts in equal thirds
Local funding formulas are allowed
Processing fees help offset expenses
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LAFCO is subject to the
Political Reform Act
Annual filing of assets and campaign
contributions is required, plus
Automatic disqualification from decisions
related to entitlements for use
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LAFCO decisions are made
in full public view
Wide public notice of LAFCO hearings is
required, including posting on Internet
LAFCO must coordinate with cities,
special districts and school districts
LAFCO is the conducting authority for all
boundary changes
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CALAFCO
Association created in 1971 by LAFCOs
All LAFCOs eligible, plus Associate
Members
Non-profit 501(c)(3)
Focus on supporting LAFCOs through
legislative representation, conferences
and workshops, and general training and
education
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Thank you
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ROLE OF THE LAFCO
COMMISSIONER
New Commissioners and Staff Workshop
2006 CALAFCO CONFERENCE
Westin Horton, San Diego
September 5, 2006
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LAFCO 101
New Commissioners and Staff Workshop
2006 CALAFCO CONFERENCE
Westin Horton Plaza, San Diego
September 5, 2006
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