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LAFCO 101

LAFCO 101. New Commissioners and Staff Workshop 2006 CALAFCO CONFERENCE Westin Horton Plaza, San Diego September 5, 2006. Ventura LAFCO – February 11, 1981 (Partial Transcript. Mr. Chairman, my name is Duane Lyders. I’m the City Attorney of the City of Oxnard.

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LAFCO 101

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  1. LAFCO 101 New Commissioners and Staff Workshop 2006 CALAFCO CONFERENCE Westin Horton Plaza, San Diego September 5, 2006

  2. 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.

  3. 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

  4. A FEW CALIFORNIA FACTS Population in 2005 36,132,147 • 2000 33,871,648 • 1990 29,760,021 • 1980 23,667,902 • 1970 19,953,134

  5. LOCAL GOVERNMENTS • 58 Counties • 478 Cities • 2,500 Independent Districts • 2,500 Dependent Districts • ??? JPAs, RDAs, CFDs school districts, etc.

  6. 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

  7. 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

  8. Legislative Compromise • No State Commission or Statewide agency • Local Control; no State appointments • A LAFCO in every county • LAFCO are independent agencies

  9. 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

  10. 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

  11. 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

  12. Legislative History – Part 3 • 1993 - AB 1335 (Gotch) – Several reforms • LAFCO can initiate changes • LAFCO can waive conducting authority hearing • Easier to seat special districts

  13. Legislative History – Part 4 • 2000 - AB 2838 (Hertzberg) – More reforms • 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

  14. As aplanning 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

  15. As a regulatoryagency 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

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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

  23. 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

  24. Thank you

  25. ROLE OF THE LAFCO COMMISSIONER New Commissioners and Staff Workshop 2006 CALAFCO CONFERENCE  Westin Horton, San Diego September 5, 2006

  26. LAFCO 101 New Commissioners and Staff Workshop 2006 CALAFCO CONFERENCE Westin Horton Plaza, San Diego September 5, 2006

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