Uncategorised
Government Code
The Cortese-Knox-Hertzberg Government Reorganization Act of 2000
Click here to access the complete guide to the Cortese-Knox-Hertzberg Government Reorganization Act of 2000.
Legislative Findings and Declarations
56001. The Legislature finds and declares that it is the policy of the state to encourage orderly growth and development which are essential to the social, fiscal, and economic well-being of the state.
The Legislature recognizes that the logical formation and determination of local agency boundaries is an important factor in promoting orderly development and in balancing that development with sometimes competing state interests of discouraging urban sprawl, preserving open-space and prime agricultural lands, and efficiently extending government services.
The Legislature also recognizes that providing housing for persons and families of all incomes is an important factor in promoting orderly development.
Therefore, the Legislature further finds and declares that this policy should be effected by the logical formation and modification of the boundaries of local agencies, with a preference granted to accommodating additional growth within, or through the expansion of, the boundaries of those local agencies which can best accommodate and provide necessary governmental services and housing for persons and families of all incomes in the most efficient manner feasible.
The Legislature recognizes that urban population densities and intensive residential, commercial, and industrial development necessitate a broad spectrum and high level of community services and controls. The Legislature also recognizes that when areas become urbanized to the extent that they need the full range of community services, priorities are required to be established regarding the type and levels of services that the residents of an urban community need and desire; that community service priorities be established by weighing the total community service needs against the total financial resources available for securing community services; and that those community service priorities are required to reflect local circumstances, conditions, and limited financial resources.
The Legislature finds and declares that a single multipurpose governmental agency is accountable for community service needs and financial resources and, therefore, may be the best mechanism for establishing community service priorities especially in urban areas.
Nonetheless, the Legislature recognizes the critical role of many limited purpose agencies, especially in rural communities. The Legislature also finds that, whether governmental services are proposed to be provided by a single-purpose agency, several agencies, or a multipurpose agency, responsibility should be given to the agency or agencies that can best provide government services.
56301. Among the purposes of a commission are discouraging urban sprawl, preserving open- space and prime agricultural lands, efficiently providing government services, and encouraging the orderly formation and development of local agencies based upon local conditions and circumstances. One of the objects of the commission is to make studies and to obtain and furnish information which will contribute to the logical and reasonable development of local agencies in each county and to shape the development of local agencies so as to advantageously provide for the present and future needs of each county and its communities.
When the formation of a new government entity is proposed, a commission shall make a determination as to whether existing agencies can feasibly provide the needed service or services in a more efficient and accountable manner. If a new single-purpose agency is deemed necessary, the commission shall consider reorganization with other single- purpose agencies that provide related services.
56325.1. While serving on the commission, all commission members shall exercise their independent judgment on behalf of the interests of residents, property owners, and the public as a whole in furthering the purposes of this division. Any member appointed on behalf of local governments shall represent the interests of the public as a whole and not solely the interests of the appointing authority. This section does not require the abstention of any member on any matter, nor does it create a right of action in any person.
Application Materials
LAFCOs are responsible under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 to regulate the formation and development of local governmental agencies and their municipal services. This includes approving or disapproving proposed changes of organization, such as district annexations, consistent with adopted policies and procedures pursuant to California Government Code Section 56375. LAFCOs are authorized with broad discretion in amending and conditioning changes of organization as long as they do not directly regulate land use, property development, or subdivision requirements. The following is a general flow chart of the application process for reorganizations.
The following application guidance documents and forms should be utilized when submitting an application to LAFCO. Applicants are encouraged to reach out to LAFCO staff to go over the process, fees, and timeline for applications. Please contact staff (krystle @ shastalafco.org -or- amber @ shastalafco.org) for a form fillable version of the Application Form.
Application Process
Application Check-List
Adopted Fee Schedule
Application Form
Agreement to Pay and Indemnification Agreement
Policies and Procedures
The Commission approved the updated Policies and Procedures on February 1, 2018. If you have any questions on changes that have been made, you may contact Krystle Heaney at krystle@shastalafco.org.
CHAPTER 1
Commission Organization and Transaction of Official Business
Section 1. Statutory Authority
Section 2. Commission Organization
Section 3. Transaction of Official Business
Section 4. Executive Committee
CHAPTER 2
General Operations and Administration
Section 1. Introduction
Section 2. Budget and Accounting
Section 3. Provisions for Quarters, Equipment, Services and Supplies
Section 4. Provisions for Personnel
Section 5. Miscellaneous Provisions
CHAPTER 3
General Policies and Standards
Section 1. General Policies Pertaining to Changes of Organization or Reorganization
Section 2. Agricultural and Open Space
Section 3. Policies Pertaining to Changes of Organization and Reorganization
CHAPTER 4
Procedures Pertaining to Changes of Organization and Reorganization
Section 1. Shasta LAFCO Jurisdiction
Section 2. Notice and Public Participation
Section 3. Initiation of Proceedings
Section 4. Application Requirements
Section 5. Commission Proceedings
Section 6. Commission Proceedings/Action
Section 7. Reconsideration of Shasta LAFCO Decisions
Section 8. Conducting Authority Proceedings
Section 9. Elections
Section 10. Final Filings
Section 11. Specific Application Requirements
CHAPTER 5
Spheres of Influence and Municipal Services Reviews
Section 1. Spheres of Influence
Section 2. Municipal Service Reviews
Section 3. Procedures
Section 4. Periodic Review and Update
Other Studies
Fee Policy – Deposit Fee Schedule
Shasta LAFCO’s adopted policy establishing a schedule of fees and charges provides that an application for initiation of proceedings shall be accompanied by a check made payable to “Shasta LAFCO” in the amount commensurate with the proposal type identified in the Deposit and Fee Schedule.
Prior to issuing the Certificate of Completion, the State Board of Equalization Fee must be submitted to LAFCO. The applicant shall also submit a check made payable to the “State Board of Equalization” in an amount calculated from the current State Board of Equalization Schedule of Processing Fees.
Shasta LAFCO’s fee resolution also provides that the applicant shall reimburse LAFCO for any and all additional costs incurred which are over and above the cost computed in the base filing fee, said additional costs to be documented by LAFCO staff, and the total amount thereof to be reimbursed to LAFCO prior to issuance of the Certificate of Completion.