Sutter Local Agency Formation Commission

Why was a Formation Commission needed?

The creation of LAFCO was a legislative response to actions by local jurisdictions in the 1940's and 1950's.  Agencies incorporated or annexed large, irregular portions of land in a manner resulting in irrational urban boundaries, unnecessary conversion of prime agricultural land and isolated populations without efficient services or with no services at all.  In 1963, the Legislature established a Local Agency Formation Commission in each county and delegated to them its regulatory authority over local agency boundary changes.

Additional legislation in the 1960's and 1970’s extended LAFCO’s authority.  In the 1970's the Legislature recognized the connection between decisions concerning governmental organization and the issues of urban sprawl and loss of prime agricultural land.  In response to these concerns, LAFCOs were charged with implementing changes in governmental organization in a manner which would preserve agricultural and open space land resources and provide for efficient delivery of services. Concerned that LAFCOs were responding reactively without considering long-term regional issues, in 1972 the Legislature began requiring LAFCO to adopt a sphere of influence for each agency in its jurisdiction.  The sphere is the physical boundary and service area each local government agency is expected to serve and each proposal the Commission considers must be consistent with the sphere plan.  The Legislature and the courts require LAFCOs to implement the California Environmental Quality Act (CEQA) as it applies to LAFCO actions.
 
In 1985, the Cortese-Knox Local Government Reorganization Act consolidated all statutes relative to local government changes of organization.  Later, in 1997, the Legislature assembled a Commission on Local Governance in the 21stCentury to examine governance issues with special attention to the Local Government Reorganization Act.  
Many of the Commission on Local Governance’s recommendations were incorporated into the Cortese Knox Hertzberg Local Government Reorganization Act, which was adopted by the Legislature in 2000, and became effective in 2001.
 
LAFCO has the specific authority to review and approve or disapprove:
 
·      Annexations to, or detachments from, cities or districts.
·     Formation or dissolution of districts.
·     Incorporation or disincorporation of cities.
·     Consolidation or reorganization of cities or districts.
·     The establishment of a subsidiary district(s).
·     The development of, and amendments to, Spheres of Influence.
·     Extensions of service beyond an agency’s jurisdictional boundaries.
·     Provision of new or different services by districts.
·     LAFCo’s are empowered to conduct special studies
·     LAFCo’s may initiate dissolutions, formations and consolidations 
·     Pursuant to Section 56434, the Commission may review and approve proposals that extend service into previously unserved territory in unincorporated areas.
·     LAFCO is now empowered to initiate and conduct Service Reviews for services within its jurisdiction. 
 
The establishmentof Sphere of Influence Plans is perhaps the most important planning function given to LAFCOs by the state legislature. Spheres of Influence are described by the Cortese Knox Hertzberg Act as an important tool for “planning and shaping the logical and orderly development and coordination of local governmental agencies so as to advantageously provide for the present and future needs of the county and its communities.”  Spheres serve a similar function in LAFCO determinations as general plans do for cities and counties.  Consistency with the adopted sphere plan is mandatory, and changes to the plan require careful review.
 
While LAFCO encourages the participation and cooperation of the subject agency, the sphere of influence plan is a LAFCO responsibility, and the Commission is the sole authority as to the sufficiency of the documentation and the plan’s consistency with law and LAFCO policy. Staff of LAFCO will work closely with agencies in developing sphere of influence plans.  In determining the sphere of influence of each agency, LAFCO must consider and prepare a written statement of its determinations with respect to the following five factors as stated in Government Code Section 56425 (e):
 
1.         The present and planned land use in the area, including agricultural and open-space lands.
2.         The present and probable need for public facilities and services in the area.
3.         The present capacity of public facilities and adequacy of public services provided by the agency.
4.         Any social or economic communities of interest in the area that the Commission determines is relevant to the agency.
5.         For an update of a sphere of influence of a city or special district that provides public facilities or services related to sewers municipal and industrial water, or structural fire protection, the present andprobable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence.
 
In addition to LAFCO’s regulatory responsibilities, LAFCO of Sutter County considers that an important part of its role is to encourage communication and collaborative planning and studies between public agencies.
 
Sutter Lafco is funded by the Cities of Live Oak and Yuba City, Independent Special District in Yuba County and Sutter County.  Sutter Lafco also receives fee revenue generated by applications for entitlements for actions subject to LAFCO’s jurisdiction.