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About Special Districts via LAFCo

Trinity LAFCo

Local Agency Formation Commissions (LAFCos) are quasi‐legislative, independent local agencies that were established by State legislation in 1963 to oversee the logical and orderly formation and development of local government agencies including cities and special districts. There is one LAFCo for each county in California.

LAFCo is responsible for implementing the Cortese‐Knox‐Hertzberg Local Government Reorganization Act of 2000 (California Government Code Section 56000 et. seq.) in order to promote orderly growth, prevent urban sprawl, preserve agricultural and open space lands, and oversee efficient provision of municipal services.

LAFCo has the authority to establish and reorganize cities and special districts, change their boundaries and authorized services, allow the extension of public services, perform municipal service reviews, and establish spheres of influence. Some of LAFCo’s duties include regulating boundary changes through annexations or detachments and forming, consolidating, or dissolving local agencies.

Trinity LAFCo has a public Commission with seven regular Commissioners and three alternate Commissioners. The Commission is composed of three members of the Trinity County Board of Supervisors, two Special District Representatives, and two Public Members‐At‐Large. The Commission also includes one alternate member for each represented category.

Community Service District and Principal Act Overview

Community Service Districts are independent special districts governed under CSD law (Government Code § 61000 – 61250). A CSD can be authorized to provide a wide variety of services to unincorporated areas including domestic water, wastewater, garbage collection, security, fire protection, public recreation, street lighting, and many others.

CSDs are governed by a board of directors, all of whom are elected at large.

BACKGROUND

In accordance with the CKH Act, LAFCos are required to prepare municipal service reviews (MSRs) prior to or in conjunction with its mandate to review and update each local agency’s sphere of influence (SOI) every five years or as needed. The legislative intent of the MSR is to inform the Commission as to the availability, capacity, and efficiency of local governmental services prior to making sphere of influence determinations. Municipal service reviews may also lead LAFCos to take other actions under their authority, such as forming, consolidating, or dissolving one or more local agencies in addition to any related sphere changes.

Municipal Service Review Determinations

Government Code §56430 requires LAFCo to conduct a review of municipal services provided in the county by region, sub‐region or other designated geographic area, as appropriate, for the service or services to be reviewed, and prepare a written statement of determinations with respect to each of the following topics:

1. Growth and population projections for the affected area;

2. The location and characteristics of any disadvantaged unincorporated communities within or contiguous to the sphere of influence;

3. Present and planned capacity of public facilities, adequacy of public services, and infrastructure needs or deficiencies (including needs or deficiencies related to sewers, municipal and industrial water, and structural fire protection in any disadvantaged, unincorporated communities within or contiguous to the sphere of influence);

4. Financial ability of agencies to provide services;

5. Status of, and opportunities for, shared facilities;

6. Accountability for community service needs, including governmental structure and operational efficiencies; and

7. Any other matter affecting or related to effective or efficient service delivery, as required by Commission policy.

State Guidelines and Commission policies encourage stakeholder cooperation in the municipal service review process. It also provides a basis to evaluate, and make changes to Spheres of Influence, if appropriate.

Sphere of Influence Determinations

A Sphere of Influence (SOI) is a LAFCo‐approved plan that designates an agency’s probable physical boundary and service area. Spheres are planning tools used to provide guidance for individual boundary change proposals and are intended to encourage efficient provision of organized community services, discourage urban sprawl and premature conversion of agricultural and open space lands, and prevent overlapping jurisdictions and duplication of services.

MSR/SOI Update

LAFCo is required to establish SOIs for all local agencies and enact policies to promote the logical and orderly development of areas within the SOIs. Furthermore, LAFCo must update those SOIs every five years or as needed. For a SOI update, LAFCo is required to conduct an MSR and adopt related determinations. It must also make the following SOI determinations in accordance with Government Code §56425:

1. The present and planned land uses 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 that the agency provides or is authorized to provide;

4. The existence of any social or economic communities of interest in the area if the Commission determines that they are relevant to the agency; and

5. The present and probable need for public facilities and services related to sewers, municipal or industrial water, or structural fire protection of any disadvantaged unincorporated communities within the existing sphere of influence (effective July 1, 2012).

California Environmental Quality Act

The California Environmental Quality Act (CEQA) is contained in Public Resources Code § 21000 et seq. Public agencies are required to evaluate the potential environmental effects of their actions. MSRs are statutorily exempt from CEQA pursuant to §15262 (feasibility or planning studies) and categorically exempt pursuant to CEQA Guidelines §15306 (information collection). CEQA requirements are applicable to SOI Updates. The CEQA lead agency for SOI Updates is most often LAFCo, unless an agency has initiated an SOI expansion or update.

Review Methods

The following information was considered in the development of this service review:

o Agency‐specific data: responses to LAFCo Requests for Information.

o Demographic data: U.S. Census Bureau; Department of Finance; CA Water Resources Board

o Finances: budgets, audits, rates and fees; and

o Other Reports: State Water Resources Control Board, Division of Drinking Water., 2021 Annual Inspection Reports.

Information gathered is analyzed and applied to make the required determinations. All information gathered for the report is filed by LAFCo for future reference.