1. Westin Horton Plaza, San Diego
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
,871,648
,760,021
,667,902
,953,134

5. LOCAL GOVERNMENTS 58 Counties 478 Cities 2,500 Independent 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. Cover

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

10. Who is LAFCO? Unique Mix
All Local Folks – 2 County supervisors, 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

11. Legislative History – Part 1
Knox-Nesbitt Act – the beginning -
LAFCOs created to regulate
District Reorganization Act (DRA) – Clean-up the procedures
Requirement for spheres of influence – LAFCOs are to plan too
Allow special districts to LAFCO with control of latent powers

12. Legislative History – Part 2
Municipal Organization Act (MORGA) Clean up more procedures
Deadlines to prepare spheres – LAFCOs must plan now
Cortese-Knox Local Government Reorganization Act – Recodification

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

15. Legislative History – Part 4
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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. Thank you

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

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