GUIDELINES, POLICIES AND PROCEDURES

ALAMEDA LOCAL AGENCY FORMATION

COMMISSION

NOVEMBER 2003

Alameda Local Agency Formation Commission Members

Special District: Alameda County: Jocelyn Combs Gail Steele Katy Foulkes Nate Miley Herbert Crowle, Alternate Scott Haggerty, Alternate City: Public Janet Lockhart, Vice Chair Robert Butler, Chair Marshall Kamena Linda Sheehan, Alternate Jennifer Hosterman, Alternate Published by: Alameda Local Agency Formation Commission 1221 Oak Street, Room 555, Oakland, Ca. 94612 Phone: 510-271-5142; FAX: 510-272-3784; Web site: www.co.alameda.ca.us/lafco/index.shtml Staff: Executive Officer: Lou Ann Texeira Planner: Barbara Graichen Commission Clerk: Sandy Hou Legal Counsel: Eric Chambliss Prepared by: Graichen Consulting 5010 Sorento Road, Sacramento California 95835, Phone: 916-991-2177; FAX: 916-991-0906; E-mail: nnatomas@aol.com Acknowledgements: This document is an update of the May 2002 Guidelines prepared by Graichen Consulting with contributions by San Diego and El Dorado LAFCos, and former staff members Brian Washington and Esther Concepcion.

LAFCo Guidelines, Policies and Procedures, November 2003

TABLE OF CONTENTS

VOLUME I PART I. GENERAL INFORMATION................................................................................ 1

A. Purpose Of Guidelines and Procedures ................................................................ 1

B. Contacting Alameda LAFCo and Obtaining Information...................................... 1

C. Submitting an Application ...................................................................................... 1

D. Meeting Agenda Mailing List .................................................................................. 2

E. Background on LAFCos........................................................................................... 2

F. LAFCo Powers ......................................................................................................... 2

G. LAFCo’s Mission ..................................................................................................... 3

H. LAFCo Functions...................................................................................................... 4

1. Determining and Updating Spheres of Influence ............................................. 4 2. Processing Changes of Organization or Reorganization ................................ 4 3. Conducting Special Studies............................................................................... 5 4. Approving Out of Agency Contract Services ................................................... 6 5. Conducting Service Reviews ............................................................................. 6

I. State Mandated Factors That Must Be Considered................................................ 6

J. LAFCo Funding ........................................................................................................ 8

PART II. GENERAL POLICIES AND PROCEDURES .................................................. 9

1.1. The Commission ................................................................................................... 9 1.2. Meetings............................................................................................................... 10 1.3. Budget and Operations....................................................................................... 12 1.4 Special Studies..................................................................................................... 13 1.5. Conflicts of Interest and Financial Disclosure ................................................. 14 1.6. LAFCo Fees ......................................................................................................... 15 1.7. General Application Policies and Requirements.............................................. 17 1.8. CEQA Compliance............................................................................................... 19 1.9. Boundary Lines ................................................................................................... 25 1.01. Agriculture and Open Space………………………………………………………26

1.02. Other General .................................................................................................... 27 PART III. GENERAL PROPOSAL PROCESSING PROCEDURES.............................. 29

2.0 Discretionary Review Process .............................................................................. 29 2.1. Presubmittal Process..................................................................................... 29 2.2. Application Preparation and Submittal ......................................................... 30 2.3. Application Review ........................................................................................ 33 2.4. Public Hearings .............................................................................................. 34 2.5. Reconsideration ............................................................................................ 36 3.0. Conducting Authority Proceedings..................................................................... 37 4.0. Final Recordation, Filings and Notifications....................................................... 41

PART IV. CHANGES OF ORGANIZATION AND REORGANIZATION......................... 43

5.0. General City Annexation and Detachment Policies and Criteria ....................... 43 6.0. Specific City Annexation Policies and Procedures ............................................ 45 Policies.................................................................................................................. 45 Procedures............................................................................................................ 46 7.0. Specific Special District Annexation Policies and Procedures........................ 47 Policies.................................................................................................................. 48 Procedures............................................................................................................ 48 8.0 Specific Special District Detachment Policies and Procedures........................ 49 Policies.................................................................................................................. 49 Procedures............................................................................................................ 49 9.0. Specific Special District Formation Policies and Procedures ......................... 50 About Formations ................................................................................................. 50 Policies.................................................................................................................. 50 Procedures............................................................................................................ 51 10.0. District Latent Powers........................................................................................ 53 Policies.................................................................................................................. 53 Procedures ........................................................................................................... 53

11.0. District Consolidation ....................................................................................... 54 Policies.................................................................................................................. 54 Procedures ........................................................................................................... 54 12.0. District Dissolution............................................................................................. 55 Policies................................................................................................................... 55 Procedures ............................................................................................................ 56 13.0. District Mergers And Establishment Of Subsidiary Districts........................... 57 Policies.................................................................................................................. 58 Procedures ........................................................................................................... 58 14.0. Incorporations .................................................................................................... 60 Policies and Standards........................................................................................ 61 Application Requirements................................................................................... 65 Procedures ........................................................................................................... 68 15.0. City Consolidation and Disincorporation........................................................ 75 Policies.................................................................................................................. 75 Procedures............................................................................................................ 76 16.0. Reorganization and Special Reorganization Procedures................................. 76 17.0. Spheres of Influence ......................................................................................... 77 Policies and Criteria............................................................................................. 78 Procedures ........................................................................................................... 81 18.0. Service Reviews ................................................................................................ 82 Policies and Standards........................................................................................ 82 Procedures ........................................................................................................... 84 19.0. LAFCo Initiated Special District Studies and Proposals .................................. 86 About Special Districts in Alameda County ........................................................ 86 Policies.................................................................................................................. 87 Procedures............................................................................................................ 88 20.0. Out of Agency Contracts .................................................................................. 90 Policies.................................................................................................................. 90

Procedures............................................................................................................ 91

21.0. CEQA Procedures ............................................................................................. 91

22.0. Inter-LAFCo Coordination and Agreements ................................................... 91

PART V. SPECIAL DISTRICT PRINCIPAL ACTS ...................................................... 97

PART VI. GLOSSARY............................................................................................... 107

VOLUME II- Appendices and Exhibits (Published Separately) Appendix A - Schedule of Fees and Charges. Appendix B - Application Forms.

• B1. Application Checklist. • B2. Application Questionnaire. • B3. Out of Area Service Agreement Application.

Appendix C - Map and Legal Description Requirements. Appendix D - Special District Preliminary Report Requirements. Appendix E - Miscellaneous Forms and Exhibits.

• Exhibit A - Notice of Intent to Circulate a Petition. • Exhibit B - Protest of LAFCo Approval. • Exhibit C - Financial Disclosure Statement. • Exhibit D - Landowner/Voter Petition. • Exhibit E - Sample Resolution of Application. • Exhibit F - Landowner Consent to Annexation. • Exhibit G - Sample 300 Foot Radius Map.

Appendix F - Service Review Questionnaire Template VOLUME III- Procedures for Preparation and Processing of Environmental Documents Pursuant to the California Environmental Quality Act (Published Separately)

Alameda Local Agency Formation Commission September 2003 Draft Guidelines, Policies and Procedures PART I. GENERAL INFORMATION. A. Purpose Of Guidelines and Procedures. The Alameda Local Agency Formation Commission’s (LAFCo) Guidelines, Policies and Procedures is intended to assist the Commission with fair and consistent implementation of the Cortese-Knox-Hertzberg (CKH) Local Government Reorganization Act of 2000 (Government Code Sections 56000 et sequitur1). It also provides prospective applicants and the public with basic information on the structure of the Commission and the policies and procedures under which it operates. The Guide is published in two volumes. The first contains background information on LAFCos, policies, procedures, standards and criteria. The second contains the forms needed by applicants. B. Contacting Alameda LAFCo and Obtaining Information. Phone: 510-271-5142. Fax: 510-272-3784. Office hours: 8:30 AM to 5 PM, Monday through Friday. Correspondence: All correspondence should be directed to 1221 Oak Street, Room 555, Oakland, CA 94612 or LAFCo@co.alameda.ca.us. Staff will forward correspondence to individual Commissioners. Web site: http://www.co.alameda.ca.us/lafco/index.shtml Other information: To review or obtain copies of a file, meeting minutes or other records, please call in advance and make an appointment. Staff is required to be present to assist with file review and respond to any questions. Commission meetings are recorded. To obtain a copy of a meeting tape, please submit a written request that specifies the meeting date and agenda item number. There is a charge for the actual cost of the tape. Please allow two to three weeks for processing. Meetings may be transcribed upon request and receipt of a deposit to cover transcription costs (§56379). LAFCo will need five days notice to arrange transcription during a hearing. C. Submitting an Application. Prospective applicants are required to meet with Alameda LAFCo staff prior to filing an application. If an applicant has substantial processing time constraints, it is 1 Unless specifically indicated, code references refer to the Government Code. A copy of the most recent State Assembly Committee on Local Government’s Guide to the CKH Act may be obtained from the State of California Publications Office, State Capitol, PO Box 942849, Sacramento, California 94249-0001, Phone: 916-319-3997.

recommended that the meeting be scheduled as early as possible. An application generally needs to be submitted at least 60 days prior to a desired hearing date to enable staff to conduct necessary review and analysis, resolve any identified issues, prepare a written report with recommendations, and provide adequate legal notices. Complex or controversial applications may take longer. D. Meeting Agenda Mailing List. Alameda LAFCo maintains a mailing list of individuals and agencies that desire to receive copies of the agenda and/or staff reports. Requests to be added to the mailing list should be sent to the LAFCo office. A name and address must be included with the request. Meeting agenda and minutes are also available on the LAFCo web site. E. Background on LAFCos. After World War II, California experienced a substantial population increase for which it was unprepared. There was little structure for coordinating development. Sprawling urban areas were often served by inefficient, overlapping and expensive public service delivery systems. Disorganized growth also caused the unnecessary conversion of important open space and agricultural lands to urban uses. In 1959, Governor Edmund G. Brown, Sr., appointed the Commission on Metropolitan Area Problems to study the "misuse of land resources" and the problem of overlapping, local government service providers. In 1963, the Commission's recommendations on local government reorganization were introduced in the State Legislature. The Legislature responded by creating LAFCos in each California county except San Francisco.2

LAFCos are directed to act, where appropriate, to reduce or avoid the effects of urban sprawl upon finite prime agricultural and open space land resources. To accomplish this goal, LAFCos need to balance a number of factors including the adequacy of services, the need to provide infrastructure for healthy growth and the need to conserve state resources. LAFCos are not part of the county structure. They are independent quasi-legislative agencies that serve as direct agents of the State. Alameda LAFCo has representatives from the county, the public, and cities and special districts within the county. Each Commissioner is required to represent the public as a whole when considering or rendering decisions. However, they bring the views, perspectives and experience of various local agencies and the public into the decision making process (§56325.1). F. LAFCo Powers. LAFCo actions have regulatory and land use effects. However, LAFCo may not directly regulate land use density or intensity, property development or subdivision requirements (§56375). Nor is a LAFCo permitted to manage or operate other agencies. 2 San Francisco LAFCo has since been formed.

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Regulatory powers do enable LAFCos to form and control local agency boundaries and review services. Through these actions, LAFCos indirectly affect land use by directing growth away from important agricultural and open space lands. For example, Alameda LAFCo conserves agricultural land by encouraging infill development prior to permitting expansion of service providers’ boundaries. G. LAFCo’s Mission. The fundamental mission of a LAFCo is to implement the CKH Act consistent with adopted policies and procedures. The CKH Act contains the following directives (§56000, §56001, §56300, and §56301):

• To encourage orderly growth and development which are essential to the

social, fiscal, and economic well being of the state; • To promote orderly development by encouraging the logical formation and

determination of boundaries and working to provide housing for families of all incomes;

• To discourage urban sprawl;

• To preserve open-space and prime agricultural lands by guiding development

in a manner that minimizes resource loss;

• To exercise its authority to ensure that affected populations receive efficient governmental services;

• To promote logical formation and boundary modifications that direct the

burdens and benefits of additional growth to those local agencies that are best suited to provide necessary services and housing;

• To make studies and obtain and furnish information which will contribute to the

logical and reasonable development of local agencies and to shape their development so as to advantageously provide for the present and future needs of each county and its communities;

• To establish priorities by assessing and balancing total community services

needs with financial resources available to secure and provide community services and to encourage government structures that reflect local circumstances, conditions and financial resources;

• To determine whether new or existing agencies can feasibly provide needed

services in a more efficient or accountable manner and, where deemed necessary, consider reorganization with other single purpose agencies that provide related services;

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• To create and update Spheres of Influence (SOIs) as necessary but not less

than every five years; and

• To conduct a review of all municipal services by county, region, sub-region or other geographic area prior to, or in conjunction with, SOI updates or the creation of new SOIs.

To carry out these state policies, LAFCo has the power to conduct studies, approve or disapprove proposals, modify boundaries, and impose reasonable terms and conditions of approval on proposals. H. LAFCo Functions. LAFCo performs the following functions. 1. Determining and Updating Spheres of Influence (SOI). LAFCos must develop and determine the ultimate planning and service boundary of an agency (SOI) and enact policies to promote the logical and orderly development of areas within its SOI (§56425). The commission is then required to review and update the SOI, as necessary, but not less than once every five years (§56425(f)). An SOI boundary and policies determine which governmental agencies can provide the most efficient services to people and property in any given area. Through this function, LAFCo coordinates orderly community development by reconciling differences between city and county plans so that the most efficient urban service structures are created for area residents and property owners. Effective and enforced SOIs discourage urban sprawl by preventing overlapping jurisdictions and duplication of services. 2. Processing Changes of Organization or Reorganization.

LAFCo reviews and may approve various changes in government structure or organization. A Change of Organization is any one of the following:

• A city incorporation or disincorporation; • A district formation or dissolution; • An annexation to, or detachment from, a city or district; • A consolidation of cities or special districts; • A merger or establishment of a subsidiary district; or • Authorization for a special district to exercise, or not exercise, a latent power or

permission to extend the area where latent powers are exercised. A reorganization contains two or more of the above-listed changes in one proposal. A special reorganization is a detachment from a city with the intention of forming a new city.

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The following local agencies are excluded from LAFCo jurisdiction (§56036)3:

• A school district or community college district; • A special assessment or improvement district; • A Mello-Roos community facilities district; • A permanent road division formed pursuant to Streets & Highways Code §1160; • An air pollution control district or an air quality maintenance district; • A service zone for a fire protection district, a mosquito abatement or vector

control district, or a recreation and park district; or • A joint powers authority.

The following local agencies are subject to LAFCo jurisdiction except conducting authority proceedings (§56036):

• A unified or union high school library district; • A bridge or highway district or a joint highway district; • A transit or rapid transit district; • A metropolitan water district; or • A separation of grade district.

The following are subject to LAFCo jurisdiction except conducting authority proceedings (§56036) if the Commission of the principal county determines that they are not a district. In those cases, the principal act determines conducting authority proceedings.

• A flood control district; • A flood control district and floodwater conservation district; • A flood control district and water conservation district; • A conservation district; • A water conservation or water replenishment district; • A California water storage district; or • A water agency or a county water authority or water authority

3. Conducting Special Studies.

The CKH requires that LAFCos initiate and make studies of existing government agencies. Study components may include inventorying agencies and determining their maximum service area and service capacities. Studies may be conducted independently by LAFCo to provide an evaluation tool to support future LAFCo actions or as part of a reorganization committee effort. Local, state and regional agencies are required to provide LAFCos with information necessary to conduct studies (§56378, §56386, §56430, §56844, §56846). Private service providers are encouraged to do so.

3 See Government Code §56036 and the applicable Principal Acts for complete information regarding LAFCO’s jurisdiction.

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4. Approving Out of Agency Contract Services. Pursuant to Government Code §56133, cities and special districts are required to obtain LAFCo approval prior to entering into an agreement or contract to provide municipal services beyond the jurisdiction’s existing boundaries but within its SOI. Contracts may also be approved for areas beyond an agency’s boundaries and SOI if there is a documented threat to public health and safety and notice is provided to available alternate service providers. Agreements or contracts between two or more public jurisdictions are exempt from the LAFCo review process if the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider (§56133). 5. Conducting Service Reviews. LAFCos are required to comprehensively review all municipal services provided by agencies with SOIs. Pursuant to Government Code §56430, service reviews are conducted before, or in conjunction with, but no later than the time LAFCo establishes or updates SOIs. Service reviews are not intended to be agency specific. Rather, they focus on all public and private service providers within an identified geographic area that provide the service under review. A service review process includes adoption of written evaluations of the following items.

• Infrastructure needs or deficiencies; • Growth and population projections for the affected area; • Financing constraints and opportunities; • Cost avoidance opportunities; • Opportunities for rate restructuring; • Opportunities for shared facilities; • Government structure options, including advantages and disadvantages of

consolidation or reorganization of service providers; • Evaluation of management efficiencies; and • Local accountability and governance. 4

I. State Mandated Factors That Must Be Considered by LAFCos. LAFCos may exercise considerable discretion when considering a change of organization or reorganization proposal. For example, no impacts cause mandatory

4 The Governor’s Office of Planning and Research (OPR) issued guidelines for the conduct of service reviews. Copies can be obtained from OPR’s web site at www.opr.ca.gov.

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rejection of an application. However, there are factors that must be considered when forming or changing service provider boundaries or authorizing service provision. Each Commissioner has broad discretion in determining how much weight should be given to a particular factor or set of factors depending on the specific proposal characteristics. No one of the following factors is determinative.

• Population; population density; land area and land use; per capita assessed

evaluation; topography; natural boundaries and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent and incorporated areas during the next ten years.

• Need for organized community services; present cost and adequacy of

governmental services and controls in area; probable future needs for those services and controls; probable effect of the proposed incorporation, formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas.

• Effect of proposed action and of alternate actions on adjacent areas, on mutual

economic or social interests, and on the local government structure of the county. • Conformity of the proposal and its anticipated effects with adopted commission

policies on providing planned, orderly, efficient patterns of urban development, and the open space conservation policies and priorities set forth in §56377.

• Effect of the proposal on maintaining the physical and economic integrity of

agricultural lands as defined by §56016. • The definiteness and certainty of the boundaries of the territory, the

nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting the proposed boundaries.

• Consistency with city or county general and specific plans.

• The sphere of influence of any local agency, which may be applicable to the

proposal being reviewed. • The comments of any affected local agency. • The ability of the newly formed or receiving entity to provide the services, which

are subject of the application to the area, including the sufficiency of revenues for such services following the proposed boundary change.

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• Timely availability of water supplies adequate for projected needs including, but not limited to, the projected needs as specified in §65352.5 (water supply coordination needs information).

• The extent to which the proposal will assist the receiving entity in achieving its

fair share of the regional housing needs as determined by the appropriate council of governments.

• Any information or comments from the landowner or owners. • Any information relating to existing land use designations (§56668).

LAFCo may consider regional growth goals and policies established by elected officials, formally representing their local jurisdictions on a regional or subregional basis (§56668.5). When considering a city detachment or district annexation other than a special reorganization, LAFCo must consider the following additional factors:

• In the case of district annexation or city detachment, whether the proposed

annexation will be in the interest of landowners or present or future inhabitants within the district and within the territory proposed to be annexed the district.

• Any resolution raising objections objecting to the action, which may be filed by

an affected agency. LAFCo is required to give great weight to such objections and consider only financial or service related concerns expressed in the protest (§56668.3).

When evaluating an application for incorporation, LAFCos must ensure that the proposal (1) results in a similar exchange of both revenues and responsibilities for service delivery and (2) mitigates negative fiscal effects through tax-sharing agreements or other payment mechanisms. Applicants may be expected to provide information pertaining to any of these factors as part of an application package. J. LAFCo Funding. Most Alameda LAFCo expenses are funded by equal contributions from Alameda County, its cities and its special districts. LAFCo also recovers a portion of actual proposal processing costs by charging fees for certain services (See Appendix A).

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Alameda Local Agency Formation Commission September 2003 Draft Guidelines, Policies and Procedures PART II. GENERAL POLICIES AND PROCEDURES. This section includes general policies and requirements that apply to all changes of organization. There may be cases where the Commission must use its discretion in the application of these policies so that potential or real conflicts among them are balanced and resolved based on project specifics and consistency with the CKH Act. 1.1. The Commission.

1.11. Alameda LAFCo shall be composed of seven members (§56325).

1.12. Two members of the Alameda County Board of Supervisors are designated by that Board in accordance with their appointment policies and practices (§56325). Two City Council Members or Mayors are designated by the city selection committee composed of the mayors of each city in accordance with their appointment policies and practices (§56325). Two presiding officers or board members of independent special districts are chosen by a special district selection committee composed of the presiding officer for each independent special district in Alameda County in accordance with their appointment policies and practices (§56332). The other regular members of the commission (§56327, §56331) select one public member and public member alternate. The public member must receive the vote of at least one of the members selected by each of the other appointing authorities (§56325(d)).

1.13. The public member must be a resident of Alameda County and cannot be a current board member, officer or employee of Alameda County, or of any city or special district located in Alameda County (§56331).

1.14. One alternate member is appointed by each of the respective appointing authorities. Alternate Commissioners are encouraged to take an active role in Alameda LAFCo business including discussions and deliberations on project proposals.

1.15. Although members represent constituents groups, each Commissioner is independent when weighing and reviewing information and when making determinations. Commissioners shall represent the public as a whole and not solely the interests of the appointing authority (§56325.1).

1.16. Alternate Commissioners may not vote unless a regular member is absent or disqualifies him or herself from participating in an action.

1.17. The appointment and expiration date of each Commissioner’s term is in May.

1.18. The term of each commissioner shall be four years. Commissioners serve until the appointment and qualification of a successor or until removed by the appointing body. A Commissioner is required to vacate their seat if he or she ceases to hold the originating office (§56334).

1.19. The elected officials from the County, the cities and the special districts

may be reappointed to an unlimited number of consecutive terms provided they meet the membership criteria for that body. The regular and alternate public members are limited to serving a maximum of three consecutive four-year terms.

1.110. Regular members of the Commission elect a Commission Chair and Vice Chair at the May meeting. The term of the Chair and Vice Chair is one year. There are no restrictions with respect to consecutive terms or rotation based on affiliation.

1.111. Commissioners are not employees of LAFCo and receive no salary or employee benefits.

1.112. Each Commissioner receives a per diem allowance for participation at each regular and special meeting and is reimbursed for reasonable and necessary expenses incurred in performing the duties of their office. 1.2. Meetings. 1.21. Regular meetings are held on the second Thursday of every other month in the Dublin San Ramon Services District Board Room, 7051 Dublin Boulevard, Dublin, California at 4:30 p.m. Meetings are scheduled for January, March, May, July, September and November. Meeting location may change depending on the nature of agenda items. 1.22. All citizens are encouraged to attend Commission meetings and state their views during public hearings. Alameda LAFCo shall hear and consider all oral or written testimony presented by any affected agency or any interested person on any agenda item. The Commission Chair has full discretion and authority to impose time limits on any speaker and may direct the focus of public comment for any given proposal. 1.23. Only those issues, which are brought up at the public hearing or in written correspondence delivered to the Commissioners at or prior to the hearing, may be raised in any legal challenge to actions taken by the Commission. 1.24. An opportunity for public comment on any item not listed on an agenda will be provided at each meeting. Public comments are limited to no more than three minutes. Additional time may be granted at the discretion of the Chair. 1.25. The Chair, Vice Chair acting as Chair, or Commission may call special meetings if deemed necessary. 1.26. A special Commission meeting may be requested by submitting a written request to the Executive Officer indicating the specific reason(s) for such a meeting. The request will be considered at the next regularly scheduled meeting for which adequate

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notice can be provided. If the request is granted, the applicant is responsible for all costs associated with the conduct of the special meeting. 1.27. Public notice of regular and special meetings will be provided in accordance with the provisions of the CKH Act, the Brown Act and the California Environmental Quality Act as applicable. The Executive Officer may provide public notice, above that required by law, when appropriate. 1.28. A written agenda shall be prepared for each meeting which lists the various items being considered including the title, a brief description of the application, the requested action and LAFCo staff's recommendation, if applicable. 1.29. Meeting agenda will be provided to LAFCo’s established agenda mailing list, including appropriate media, project applicants and proponents, and interested parties requesting notice for a specific hearing. 1.210. A copy of the staff report will be mailed to the applicant and interested parties at least five days prior to the relevant Commission hearing. 1.211. A quorum is the number of Commissioners that must be present to legally conduct business. Four members of the seven-member commission constitute a quorum. 1.212. When a quorum is present, a majority is sufficient for the adoption of any motion that has been duly made and seconded. On a tie vote, the motion fails. 1.213. Robert’s Rules of Order is designated as the general guide for conducting meetings and will be used resolve points of order. 1.214. Each agenda item is addressed as follows:

• The title is read by the Chair and staff presents application specifics including staff recommendations;

• After initial remarks, if applicable, the Chair opens the public hearing and first allows

the applicant a maximum of 15 minutes to present issues. Other speakers are then allowed a maximum of three minutes each. The applicant may respond to issues for a maximum of five minutes. The Chair has the discretion to extend time limits.

• The Chair closes the public hearing and the matter is opened for debate,

questioning and discussion among the Commissioners. If a motion is made, and seconded, the Commission may vote on an item.

1.215. A Commission member or alternate may not be disqualified from voting on any matter pertaining to his or her area or political jurisdiction (§56336).

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1.216. A Commissioner must disqualify herself or himself and not participate in a proceeding involving any proposal if, within the last 12 months, that Commissioner has received $250 or more in business or campaign contributions from an applicant, an agent of an applicant, or any financially interested person who actively supports or opposes a decision on the matter pursuant to §84308. 1.217. If a Commissioner’s impartiality with respect to a proposal is questioned by any person appearing before the Commission and that member has not disqualified himself or herself, the member may be permitted to abstain from participation in the proceedings by unanimous vote of the remaining Commission members. In such an event, the alternate member would be qualified to vote in the place of the regular member. 1.3. Budget and Operations. 1.31. LAFCo shall independently appoint the Executive Officer, staff and legal counsel. LAFCo may contract with Alameda County for the provision of staff, offices, equipment, and supplies as permitted in its budget and policies. The Commission may use other means for acquiring personnel, services and supplies as deemed appropriate by the Commission (§56380, §56384). 1.32. LAFCo shall adopt a proposed budget by May 1st and a final budget by June 15. Copies of the proposed and final budgets shall be transmitted to the county and cities and special districts within the county. The budgets shall not be less than the prior year’s budget unless the Commission determines that such decreases will not impair its ability to comply with the CKH Act (§56381). The minimum alternative amount described in §56381 is based on its budget for the prior fiscal year and not the amount that LAFCo may actually have spent during that time (67 Ops. Cal. Atty. Gen. 205 (1984), Opinion No. 83-1110). 1.33. The LAFCo annual budget will identify the resources available for LAFCo’s use under the law and those resources necessary for the purpose of carrying out the Commission’s goals and policies. 1.34. Net budget cost shall be born by the county, special districts and cities as described in §56381 and shall be collected by the County Auditor. LAFCo may request loans from the county in the event that budgeted funds are inadequate due to changes in operating needs and requirements. No independent special district shall be apportioned a share of more than 50% of the total independent special districts’ share of LAFCo’s budget costs without the consent of the district. Any district formed under the Local Health Care District Law and operating a hospital may not be apportioned budget costs unless operating at a profit. Such districts shall not bear costs until the fiscal year following positive net revenue or its discharge from bankruptcy if applicable. 1.35. Claims for expenses, other than fixed intra-county service charges, are reviewed and approved by Commission action. Such claims shall be paid by the auditor

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in lieu of, and with the same effect as, claims ordered by the Board of Supervisors (§56381). The County may not reduce LAFCo’s appropriation by refusing to allow the payment of legitimate claims against LAFCo’s appropriation. 1.36. LAFCo cooperates with local agencies as much as possible to accept budget cuts when necessary and when the requested cuts are compatible with the goals and work plan adopted by the Commission. LAFCo shall decline to accept appropriation reduction requests, which are found to be unreasonable or incompatible with adopted policies and goals. Appropriations cannot be reduced without the Commission’s prior approval (§56381). 1.37. The LAFCo Executive Officer shall serve as budget administrator to prepare, present, and transmit the budget to other agencies, and to review, execute and maintain the budget (§56381). 1.38. LAFCo shall maintain a contingency reserve fund to: (1) allow for the allocation of funds for fiscal emergencies; (2) enable the initiation, continuation or completion of certain projects; (3) cover expenditures not included in the adopted budget as determined necessary by the Commission; and (4) eliminate operating shortfalls and related negative impacts on LAFCo operations by stabilizing the cash flow cycle. 1.39. To develop and maintain a contingency reserve account for LAFCo’s use, all unspent appropriation remaining at the end of a fiscal year shall be transferred to a contingency fund for LAFCo’s use in the succeeding fiscal year. When the amount of the contingency fund exceeds 10% of the succeeding fiscal year budget, the surplus amount shall be used to offset expenditures in that next fiscal year. The amount of the contingency fund shall not affect the minimum alternative amount described in §56381. 1.310. The Executive Officer may allocate reserve funds to cover emergency operating expenses after consulting with the Chair and Vice-Chair. Within 24 hours of such allocations, the Executive Officer shall notify all Commissioners in writing and place a discussion of reserve fund allocation on the next LAFCo agenda for which adequate notice may be given. 1.311. The status of reserve funds shall be included in regular budget status updates to the Commission. 1.4. Special Studies. 1.41. The commission is expected to conduct studies that contribute to the logical and reasonable development of local agencies so as to advantageously provide for present and future needs of each county and its communities (§56301). Therefore, the Commission shall initiate and make studies of existing governmental agencies as needed (§56378).

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1.42. In conducting special studies, the Commission may ask for information, from cities, counties, districts including school districts, community college districts, regional agencies, and state agencies and departments. To assist with the completion of studies, local and state agencies are required to comply with LAFCo requests for information (§56378). Private service providers will be encouraged to do so. 1.43. The Commission may apply for or accept grants or funding when offered to cover the reasonable costs of any study (§56378). 1.5. Conflicts of Interest and Financial Disclosure. 1.51. The Political Reform Act, Government Code §§81000 et sequitur requires each state and local government agency to adopt and promulgate a Conflict of Interest Code. The Fair Political Practices Commission has adopted 2 California Code of Regulations §18730, which contains the terms of a standard Conflict of Interest Code. This standard Code can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, terms of 2 California Code of Regulations §18730 and any amendments to it duly adopted by the Fair Political Practices Commission, are incorporated by reference herein. 1.52. The following designated employee/s of the Alameda LAFCo shall file Statements of Economic Interests: the Executive Officer, planner and legal counsel. 1.53. LAFCo Commissioners shall file Statements of Economic Interests as required by Government Code §87200 or this Conflict of Interest Code. 1.54. Individuals or firms contracting with the Alameda LAFCo are not required to file Statements of Economic Interests unless the Executive Officer of LAFCo determines in writing that the contractor has been hired to perform a range of duties that falls within the scope of 2 California Code of Regulations §18700(c). Any such written determination shall include a description of the contractor’s duties and, based upon that description, a statement of the extent of economic disclosure requirements. Such determination shall be a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 1.55. Statements of Economic Interests shall be filed with the Executive Officer and the Clerk of the Board of Supervisors. 1.56. Pursuant to Government Code §56700.1, expenditures for political purposes related to an application must be disclosed. All applicants, including individual property owners who are a party to a proceeding, are required to submit a financial disclosure statement as part of any application package. Disclosures must be made in the same manner as disclosures for local initiative measures presented to the electorate.

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1.57. Any applicant or an agent of an applicant who has made business or campaign contributions totaling $250 or more to any Commissioner (regular or alternate) in the past twelve months, must disclose that fact for the official record of the Commission §84308(d). The disclosure of any such contribution (including amount of contribution and name of recipient Commissioner/s) must be made: (1) in writing and delivered to the Executive Officer of the Commission prior to the hearing on the matter; or (2) by oral declaration made at the time the hearing on the matter is opened. 1.59. The applicant and any participant in the application, as defined in §84308, shall file with the Executive Officer any disclosure filings required by §56700.1. 1.6. LAFCo Fees.5

1.61. The Commission shall periodically review fees and adopt a fee schedule for the purpose of recovering the costs of all proceedings taken pursuant to the CKH Act. Recoverable costs may include those necessary to revise the plans and policies that must be adopted before necessary findings or determinations may be adopted (§56383, §66014, §66016). See Appendix A, Fee Schedule.

1.62. The schedule of fees shall not exceed the estimated reasonable cost of providing the service for which the fee is charged and shall be imposed pursuant to §66016 (§56383(b)).

1.63. Proposals that include requests for minor administrative or corrective actions shall be “De Minimis” for application processing and fee collection purposes if staff determines that the project:

• Is consistent with §56668, factors to be considered, and LAFCo policies and

procedures; • Will not cause significant adverse impacts upon any agency or individual; does

not involve any new extension of service; • Is proceeding with the consent of all affected landowners; and • Is defined as ministerial under, or qualifies for an Exemption from, the

requirements of the California Environmental Quality Act.

De Minimis projects may be approved without notice or public hearing (§56662, §56663).

1.64. Applications submitted to LAFCo shall be accompanied by a non-refundable initial fee as detailed in Appendix A, Volume II. The Executive Officer may

5 See Appendix A, Volume II, Schedules of Fees and Deposits, for a list of fees and fee deposits.

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stop work on any proposal until the applicant submits a requested deposit. No application shall be deemed filed until required fees are deposited (§56383(c)).

1.65. Applicants are responsible for any fees or charges incurred by LAFCo or required by other agencies in the course of processing an application.

1.66. Initial fees include a fixed number of staff hours (including Executive Officer, legal counsel, planning and support) as detailed in the fee schedule. Additional LAFCo staff time (in excess of initial fee) shall be charged at actual cost.

1.67. Applicants are responsible for any extraordinary administrative costs as determined by the Executive Officer and detailed for the applicant in a written statement.

1.68. Additional LAFCo staff time and administrative costs shall not be charged for city annexation applications that are comprised solely of one, entire unincorporated island.

1.69. If the Executive Officer estimates that a proposal will require more than the fixed number of staff hours covered by the initial fee to complete, she/he shall provide a written statement to that effect to the applicant and request a deposit in an amount sufficient to cover anticipated costs. If this or any subsequent deposit proves insufficient, the Executive Officer shall provide an accounting of expenditures and request a deposit of additional funds.

1.610. If the processing of an application requires that LAFCo contract with another agency or with a private firm or individual for services that are beyond the normal scope of LAFCo staff work (e.g., drafting an Environmental Impact Report or Comprehensive Fiscal Analysis), the applicant shall be responsible for all costs associated with that contract. The applicant will provide LAFCo with a deposit sufficient to cover the cost of the contract.

1.611. Written appeal of fees and/or deposits, specifying the reason for the appeal, may be submitted to LAFCo prior to the submission of an application or prior to the submission of a deposit requested by the Executive Officer. The appeal will be considered at the next regular meeting of the Commission.

1. 612. The Commission may waive a fee if it finds that payment is detrimental to the public interest pursuant to GC Section 56383(d).

1. 613. Upon completion of a project, the Executive Officer shall issue to the

applicant a statement detailing all expenditures in excess of the deposit, or credits if warranted. Excess funds shall be refunded to the applicant as appropriate.

1. 614. If an application is withdrawn, LAFCo will refund 50% of the submitted fee, or a sum equal to the original fee minus processing costs to date, whichever

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ensures that LAFCo recovers its actual costs. Petition checking fees will not be refunded.

1. 615. No refunds will be provided after a public hearing has been scheduled and LAFCo’s scheduling procedure has been concluded.

1.616. As a condition of approval for any action, the Commission may impose a condition which requires, in the event of legal challenges, that the applicant assume the full legal defense costs because they are a liability incurred by LAFCo after, and as a result of, project approval (§56886(f), §56383, §57302, Part 5).

1.617. The Commission may include, within its resolution of approval, a condition that requires the applicant to defend, indemnify, and hold the Commission harmless, in the event that legal action is taken against LAFCo as a direct result of a project’s approval.

1.7. General Application Policies and Requirements.

1.71. All proposals for consideration by the Commission are to be submitted on LAFCo application forms (See Section Appendix B, Application Forms) and contain the information requested in Section 2.2 (§56652). 1.72. Chief petitioners must file a Notice of Intent to Circulate a Petition (See Exhibit A) prior to collecting any signatures (§56700.4). 1.73. Applications shall be processed in an efficient and orderly manner that reduces hardship upon the applicant while ensuring compliance with the CKH Act. To that end, the applicant or applicant’s representative may be required to attend a pre-application submittal meeting to receive direction and advice regarding the processing needs and requirements of the specific action to be considered. 1.74. Any application submitted to LAFCo is considered a preliminary submittal and will not be deemed filed until such time as all required information, fees and materials are received. Preliminary processing may occur during the preliminary submittal phase. 1.75. Applicants will be required to provide information adequate to permit LAFCo to fully consider all factors required by law including, but not limited to, mandated factors to be considered (§56668, §56668.3, §56720, §56749, §56750, §56856, §56377, §56375, §56375.3, §56375.5). 1.76. No application shall be deemed filed until certified resolutions providing for an agreement for redistribution of property tax are received. Once property tax exchange negotiations have been initiated by transmittal of the schedules prepared by the County’s Auditor/Controller, six months will be allowed for completion of negotiations (Revenue and Taxation Code §99(b)(6), §99.1(4), §56810, §56815).

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1.77. Additional application requirements including maps, fees, and signed application forms, must be completed within six months following the property tax redistribution agreement. If the application remains incomplete after six months the project will be closed and the application will be terminated. 1.78. LAFCo encourages consolidated applications where related changes of organizations are expected for adjacent territories. Petitioners are strongly encouraged to include that territory and combine applications where possible.

a. If applicant/s choose to proceed with separate proposals, the applicant will provide a map, which indicates the location, size and boundaries of adjacent applications.

b. LAFCo shall consider related applications at the same hearing where feasible, and may modify boundaries, including the addition of adjacent parcels, to encourage the orderly formation and development of local agencies based upon local conditions and circumstances (§56001, §56300, §56301).

1.79. If a project site can be anticipated to require one or more additional changes of organization that are timely and not part of the submitted application, LAFCo shall require that the application be filed as a reorganization. 1.710. All service providers must document their ability to provide service to proposed service areas. LAFCo’s Plan of Service information requirements are not intended to supersede or change existing forms or policies currently used by any annexing agencies. An evaluation of a local agency’s plan of service is necessary for proper consideration of any change of organization or reorganization (§56375) that expands or diminishes a service provider’s responsibilities. The intent of plans of service evaluations is to ensure that the capacity, cost and adequacy of services within the district or city are not adversely impacted by the proposed LAFCo action (§56668). To that end, all applications shall include a plan to provide services that includes information needed to render an informed decision on the proposed project (§56653). 1.711. No application shall be deemed filed until plan of service information is received and accepted as complete by the Executive Officer.

1.712. No application to annex to a special district or city shall be deemed complete until the annexing special district or city provides a written statement that (1) the annexing agency will, or will not, be capable of providing adequate services when such services are projected to be needed within the area being annexed; and (2) the provision of adequate services when such services are needed within the area being annexed will, or will not, not result in a significant negative fiscal, service level or other impact (cost and adequacy of service) in areas within the special district or city then receiving such services (§56668).

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1.8. CEQA Compliance.6

As a public agency, Alameda LAFCo must comply with the provisions of the California Environmental Quality Act (CEQA). CEQA requires public agencies to assess and disclose potential negative consequences of their actions. LAFCo is responsible for complying with CEQA when it considers an action that constitutes a project as defined by CEQA. These projects typically involve jurisdictional changes, such as district and city annexations, incorporations, and the adoption of, or amendments to, SOIs. Consistent with the requirements of CEQA, Alameda LAFCo has adopted detailed CEQA Procedures, which are published separately. Copies may be obtained at the LAFCo office. 1.81. LAFCo shall comply with the requirements of Public Resources Code (PRC) Code Sections 20000 et sequitur, the California Environmental Quality Act (§56658). No application shall be deemed filed for processing purposes until CEQA documentation has been completed which adequately addresses the requirements of CEQA and Alameda LAFCo’s CEQA procedures. 1.82. LAFCo shall adopt its own policies and procedures for processing and administering CEQA (PRC §21082, §15022). LAFCo intends through the appropriate use of such procedures to assist with the provision and maintenance of a high quality environment in Alameda (PRC §21000, §21001), and ensure ongoing CEQA compliance by initiating revisions to reflect amendments to CEQA within 120 days of the effective date of new legislation (PRC §15022 (c)).

1.83. The Executive Officer shall serve as the Environmental Coordinator and have the authority to prepare or cause to be prepared the appropriate environmental documentation. The Environmental Coordinator shall be responsible for making an environmental determination pursuant to the requirements of CEQA.

1.84. LAFCo shall be guided by state policy when considering projects. Those policies that should be furthered within the confines of LAFCo’ specific mission and as stated in PRC §21001 of the Government Code are:

• Develop and maintain a high-quality environment now and in the future, and take all actions necessary to protect, rehabilitate, and enhance the environmental quality of the state;

• Take all actions necessary to provide the people of California with clean air and

water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise;

• Prevent the elimination of fish and wildlife species due to human activities,

ensure that fish and wildlife populations do not drop below self perpetuating

6 A Handbook with CEQA basics as they apply to LAFCo can be obtained at the LAFCo office. LAFCo specific CEQA Procedures have also been published and are available for purchase or review.

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levels, and preserve for future generations representations of all plant and wildlife communities and examples of major periods of California history;

• Ensure that the long term protection of the environment, consistent with the

provision of a decent home and suitable living environment, shall be the guiding criterion when making decisions whether to approve or disapprove a proposed project;

• Create and maintain conditions under which man and nature can exist in

productive harmony to fulfill the social and economic requirements of existing and future generations;

• Develop standards and procedures necessary to protect environmental quality;

and • Consider qualitative factors as well as economic and technical factors, long term

benefits and costs, short-term benefits and costs and less harmful alternatives to proposed actions affecting the environment.

1.85. LAFCo shall implement CEQA effectively and efficiently, maximizing public participation and disclosures using the following strategies (PRC §21003):

• Meet with applicants early in the process to facilitate processing and encourage proposal changes before submittal that may eliminate or avoid potential environmental damage;

• Integrate environmental review and other processes to the maximum extent

feasible so that such processes run concurrently; • Prepare documents that are organized, readable and concise; • Omit unnecessary information and only consider feasible mitigation measures

and project alternatives; • Provide new technical data gathered in the CEQA process to local, state and

federal agency with pertinent data bases; • Coordinate with other agencies possessing discretionary authority over any

portion of a proposed project to conserve resources with the objective of applying savings toward any project related costs.

1.86. LAFCo shall not act upon any change of organization or reorganization until environmental documentation has been approved that adequately addresses all potential areas of environmental concern (CEQA §21000 et sequitur).

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1.87. Applications for city annexations shall not be deemed filed until LAFCo receives: (1) verification of an approved prezone from the annexing city (§56375); and (2) verification of a completed CEQA (and NEPA if applicable) process in which LAFCo assumed the Responsible Agency role (PRC §15042, §15050, §15051, §15096, §15381). 1.88. Criteria for determining the Lead Agency role are contained in PRC §15051. LAFCo will typically act as Lead Agency in reviewing:

• Changes of organization or reorganizations initiated by LAFCo pursuant to §56375 of the CKH Act;

• Spheres of Influence Plans and Amendments; • Incorporations; • Consolidations, Detachments, Dissolutions and District Formations; • Service Reviews; • Annexations which are not a part of a larger project for which a city or county

acted as Lead Agency, or for which LAFCo is the first to act; and • When the Lead Agency is unable to undertake, or has failed to undertake,

required CEQA responsibilities pursuant to PRC §15052. 1.89. LAFCo shall assume the Responsible Agency role for annexations that include a prezone unless the Lead Agency did not consult with LAFCo pursuant to PRC §15051(c) and PRC §15052 (a)(3), and the environmental document failed to describe, or adequately disclose, the impacts of LAFCo’s actions. 1.810. Because LAFCo projects in Alameda County are generally initiated by a land use authority with annexations required as conditions of land use approvals, or processed with prezones, LAFCo is expected to assume the Responsible Agency role for most annexation proposals. In cases, where LAFCo and another public agency qualify for Lead Agency status, the agency with the greatest responsibility for carrying out the project should assume the Lead Agency role. 1.811. LAFCo shall assume a Lead Agency role for a project on which it previously was a Responsible Agency if the Lead Agency failed to conduct an environmental review, a previously prepared environmental review is outdated or substantive new technical data or new information is available, or the Lead Agency failed to consult with LAFCo when it prepared its review (PRC §15052). 1.812. When acting as Responsible Agency, LAFCo’s Environmental Coordinator shall encourage the Lead Agency to consult with LAFCo early in the environmental review process in order to facilitate and coordinate the evaluation of impacts related to future LAFCo actions. LAFCo will review and respond to Notices of Preparation as appropriate. LAFCo shall respond to requests for consultations and other reasonable information requests as soon as feasible (PRC §15103, §15082 (b), §15096 (b)).

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1.813. LAFCo will comment, consistent with its legislated mandate and adopted mission, upon Notices of Preparation for Environmental Impact Reports for projects that may cause the conversion of important prime agricultural or open space and resource lands, not scheduled for development within five years of project approval, to urban uses (PRC §56300, §56301). 1.814. When determining the significance of a potential environmental impact, LAFCo shall consult with Responsible and Trustee Agencies and may consult with any agencies that might provide guidance in determining the extent and nature of impacts (PRC §15082, §15086, §15096). Where feasible, LAFCo shall use thresholds of significance established by the state, Alameda County, the local air quality management district, Association of Bay Area Governments, County Agricultural Commissioner, or other local agency possessing the technical expertise and statutory authority to determine levels of significance. 1.815. When evaluating environmental impacts discovered during the Initial Study process, LAFCo will identify such impacts as potentially significant and adverse if:

• Buildout of the proposed project may cause service levels to decline below established standards, costs of service provision to rise substantially to the detriment of service levels, or cause those currently receiving service to receive reduced or inadequate services when such change may cause adverse health and safety or other physical impacts;

• Buildout of the proposed project may cause the infrastructure capacity of a

service provider to exceed planned and safe limits when such change may cause adverse health and safety or other physical impacts;

• The proposed project includes or plans for infrastructure capacity, especially

water and sewer lines, that exceed the needs of the proposed project and may be used to serve areas not planned for development, or subject to previous and adequate CEQA review, especially those containing prime agricultural land, mineral, sensitive plant and wildlife or other important natural resources;

• The proposed plan could cause health and safety or other physical impacts

because a service provider is incapable of providing service, the proposal is illogical, or elements needed to provide service (water supply, treatment facilities, equipment, energy) are not available, or stressed beyond capacity.

• The proposed project may result in substantial loss of prime agricultural and

open space land as defined in Part VI, or other important open space or resource land as identified in local, regional, state or federal inventories, plans or programs;

• The proposed project may cause premature, ill planned, illogical, or inefficient

conversion of prime agricultural, open space, mineral resource or other important

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resource areas not planned for development in the next five years especially when such land is not located within the SOI of a proposed service provider and there is alternative sufficient vacant land available for development;

• The proposed project is substantially inconsistent with applicable SOI Plans,

including any service plan or service review recommendations, phased land use plans of any city or county, or resource conservation plans of the state or federal government providing that:

a. In the case of public agency land use or resource plans, the affected agency

provides specific information regarding the nature and substance of the project’s potential impacts upon its plans or programs;

b. In the case of SOI plans and service reviews, the Environmental Coordinator

reviews the appropriate plans and determines whether the level of significance warrants additional review;

• The proposed project may induce substantial growth on important agricultural

and open space lands because it would:

a. Permit the extension of, or require, infrastructure such as flood control levees or water diversions, electrical, water or sewer lines, especially trunk lines, roadways or other public facilities that would permit new development in a substantial area currently constrained from development;

b. Encourage or foster development by permitting uses that adversely impact

adjacent agricultural operations, significantly increase property values of adjacent or proximate resource land, or remove natural or man made buffers between urban and agricultural, mining or other conservation uses.

c. Be adversely and substantially inconsistent with the agricultural, open space,

resource conservation or preservation, growth management, trip reduction, air quality improvement or other plans, policies or Ordinances of the General, Community, Specific or other Plan of the land use jurisdiction responsible for the project site or vicinity.

d. The proposed project, when considered in conjunction with other recent,

present and reasonably foreseeable projects, may cause significant adverse cumulative impacts;

e. The project would result in substantial noncontiguous urban development

which, in turn, results in adverse physical impacts;

f. There is no need for service and the proposed project adversely affects important public resources or the public health and safety;

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• Any other impacts identified when completing the Initial Study checklist adopted as Exhibit A of LAFCo’s CEQA procedures.

1.816. LAFCo shall not charge public agencies for reproducing a copy of an environmental document if they have jurisdiction by law with respect to the project, or individuals or organizations possess special expertise and the Environmental Coordinator desires their comments on an environmental analysis. 1.817. Consultants may prepare Initial Studies only if hired and supervised directly by LAFCo. In the event that a consultant, acting on behalf of LAFCo, is unable to produce an adequate environmental document, the Environmental Coordinator shall assume control of document preparation to ensure that CEQA issues are adequately addressed and processing timelines met (PRC §21082.1). If consultants are used to prepare an EIR, the Environmental Coordinator shall ensure that:

• Environmental documentation is consistent with a phased plan developed by the Environmental Coordinator and within the timelines established by CEQA;

• Contains required environmental analysis and disclosures of issues identified in

the Initial Study;

• Reflects the independent judgment of the Lead Agency; and

• Is adequate and complete as required by CEQA (PRC §21082.1). 1.818. LAFCo may assume the Lead Agency role at the request of another public agency that provides services within Alameda County for the purpose of providing environmental review for projects initiated by those governmental agencies if the Lead Agency cannot or does not desire to assume the Lead Agency role. A written agreement will be required should LAFCo agree to assume such role. 1. 819. LAFCo may use its authority, pursuant to §56375, §56375.1, §56375.5, §56376, §56377, §56886, §56886.3, §56886.5, §56887.5, §56889, §56890, and §56815, §57302, and/or Chapter 5 of the CKH Act, to make a project self mitigating (PRC §15040, §15041, §21002). 1.820. Consistent with PRC §21002 of CEQA, it shall be the policy of Alameda LAFCo that no projects should be approved as proposed if there are feasible alternatives or feasible mitigation measures available that would substantially lessen the significant environmental effects of such projects. 1.821. LAFCo shall conduct a hearing on a Negative Declaration (ND) and Draft EIR.

1.822. A Notice of Intent to adopt or consider a ND or Mitigated ND shall be provided to the public not less than twenty (20) days in advance of the hearing.

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1.9. Boundary Lines.

1.91. LAFCo discourages boundaries that are inconsistent with other agency boundaries, overlap, or possess other characteristics that cause higher service costs to the taxpayer or confusion regarding service area boundaries.

1.92. Determinations made by the Commission shall be consistent with the SOIs

of local agencies affected by that determination (§56375.5). 1.93. LAFCo shall modify, condition or disapprove proposals creating boundaries that are not definite and certain or do not conform to lines of assessment or ownership (§56668). 1.94. Lands to be annexed that are within an adopted SOI, shall be physically contiguous to present district boundaries unless one of the following conditions exists:

a. Existing developed areas where it can be clearly found that interests of public health, safety, and welfare would best be served by the addition of the service, or which present clear or present health or safety hazards that could be mitigated by the requested change of organization;

b. Existing developed areas where district facilities are present and sufficient for service and where the Commission determines that the annexation does not represent a growth-inducing factor for the area; or

c. Lands that are owned by the city and are being used for municipal purposes at the time Commission proceedings are initiated, and do not exceed 300 acres in area.

If the city sells noncontiguous territory or leases it for development of shopping, hotel, motel or other lodging purposes, noncontiguous territory shall be automatically detached (§56375(d), (§56742). 1.95. Islands, peninsulas, flags, pinpoint contiguity, cherry stems and other irregular boundary lines are inconsistent with the formation of orderly and logical boundaries and shall be disapproved or strongly discouraged (§56741, §56742, §56744, §56746). 1.96. Strip annexations and leapfrog annexations are generally prohibited. 1.97. Resulting boundary lines should not be irregular, such as the centerline of a road of irregular width or a line drawn parallel to the center of a creek.

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1.98. Resulting boundary lines should not divide jurisdiction or responsibility for maintenance within a road right-of-way. 1.99. Resulting boundary configurations should not produce areas that are difficult to serve (§56668, §56001). 1.910. The Commission may order the inclusion of additional territory to any proposal to correct an otherwise unacceptable boundary and to accomplish its goal of creating orderly boundaries (§56668, §56001). 1.01. Agriculture and Open Space7. Preserving open space and prime agricultural lands while facilitating orderly growth and development is an important LAFCo goal (§56301). 1.0101. LAFCo’s decisions will reflect its legislated responsibility to work to maximize the retention of prime agricultural and important open space land while facilitating the logical and orderly expansion of urban areas (§56001). 1.0102. Agricultural land shall be determined to be prime based on soil characteristics, potential for prime agricultural land designation if irrigated, or productivity (§56064). 1.0103. LAFCo shall discourage proposals that encourage or support urbanization outside of cities unless adverse public health and safety impacts would occur, and there is no feasible proposal alternative. 1.0104. LAFCo shall discourage city annexations of prime agricultural or important open space areas if such areas are not needed for urbanization within five years. 1.0105. LAFCo shall discourage Alameda County from extending urban services to areas (1) not designated or needed for urban development within five years or (2) designated for long term agricultural and open space uses in regional or city planning documents (§56434). 1.0106. LAFCo will work to preserve agricultural and open space land resources by considering the proposal’s effect on important open space and agricultural lands and by guiding development toward vacant urban land and away from agricultural and open space areas not planned or needed for development (§56377, §56001, §56301). 1.0107. Development or use of land for other than open space uses shall be guided away from existing prime agricultural lands in open space use toward areas containing non prime agricultural lands unless that action undermines adopted county or 7 Additional policies affecting agriculture and open space lands are located in reorganization and Sphere of Influence sections.

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city land use plans that include open space and agricultural land conservation policies and plans (§56377). 1.0108. Urbanization or nonagricultural use of existing vacant lots or prime agricultural land areas within the jurisdiction or SOI of a local agency shall be encouraged before any proposal is approved which would allow for, or lead to, the development of prime agricultural or open space lands outside the jurisdiction or SOI of any local agency (§56377, §56668). 1.0109. LAFCo shall require that applications with prezones or SOI proposals identify areas set aside for agricultural or open space preserves and planned development and include protections for adjacent agricultural land. 1. 0110. To ensure that LAFCo actions do not adversely affect the viability of open space or agricultural land uses, LAFCo may condition an annexation approval to avoid potential impacts including setting a lower service charge rate for rural, open space, or agricultural land requested for exclusion but nevertheless included within the boundaries of a service provider (§56886(b)). Reasons for setting different service charge rates include, but are not limited to, existence of dwellings or other structures, anticipated service frequency or probability, reductions in affordable housing stock, premature inducement of higher housing costs in an area providing affordable housing, history of previous service provision, justifications provided by the proposed service provider, and justifications provided by the person or entity requesting exclusion. 1.0111. LAFCo shall adopt appropriate terms or conditions retaining previous conditions of approval, such as Use Permit conditions, or other mechanisms adopted by an entity losing jurisdiction over a territory when those conditions were adopted to conserve important agricultural, open space or natural resources, and cannot otherwise be ensured. 1.020. Other General. 1.0201. LAFCo actions shall be consistent with adopted procedures (§56375). 1.0202. LAFCo shall request that Alameda County send copies of any proposals for County approval of extensions of service to unincorporated areas to the Executive Officer. LAFCo shall review such proposals and provide comments to the County where appropriate (§56434). 1.0203. LAFCo shall request that Alameda County send copies of any proposed development project, which may need LAFCo approval or significantly affect regional growth issues or service provision to the Executive Officer. LAFCo shall review such proposals and provide comments to the County where appropriate. 1.0204. LAFCo shall favor service provision by the entity capable of providing the highest quality services in the most cost efficient and inclusive manner (§56001).

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1.0205. If a new single-purpose agency is proposed and may be needed, LAFCo shall consider reorganization with other single-purpose agencies that provide related services or make a determination that no such agencies are available (§56301). 1.0206. LAFCo shall not approve proposals involving agencies with SOIs that are more than five years old until a service review has been conducted unless the proposals impacts are insignificant as determined by the LAFCo. 1.027. LAFCo actions shall seek to further service review recommendations including initiation of recommended government structure changes. 1.0208. LAFCo shall recognize the programs and studies of ABAG (Association of Bay Area Governments) when evaluating proposals and interpreting LAFCo policies. The objectives are to achieve consistency, to the extent appropriate and feasible, between LAFCo actions and analyses and ABAG’s regional planning strategies, growth forecasts, and study recommendations. 1.0209. LAFCo shall view unfavorably any proposals that are inconsistent with General, Community or Specific or other adopted plans for the project area. 1.0210. LAFCo shall approve, or conditionally approve, a reorganization initiated by substantially similar resolutions of agencies proposing that any part of the districts be reorganized into a single local agency. If the reorganization is approved, LAFCo may adopt terms and conditions for approval. However, LAFCo will not make material changes without notifying the affected districts. LAFCO may not add or delete districts without the applicants’ approvals (§56853).

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Alameda Local Agency Formation Commission September 2003 Draft Guidelines, Policies and Procedures PART III. GENERAL PROPOSAL PROCESSING PROCEDURES. 2.0. Discretionary Review Process. 2.1. Presubmittal Process. A presubmittal meeting may be required prior to submitting a proposal. Presubmittal meetings substantially reduce processing time and potential frustrations by facilitating preparation of application packages that are complete and consistent with legal requirements. All applicants need to contact Alameda LAFCo staff to discuss issues, schedule an appointment to discuss application processes, and obtain guidance regarding the materials that should be gathered and brought to the required presubmittal meeting. Section 2.1 lists steps and requirements for all types of proposals. Additional application requirements if any, are listed in this document under the specific type of proposal. The applicant is expected to facilitate processing of their application by reviewing and implementing the required steps. 2.11 Schedule a presubmittal meeting appointment. 2.12. Compile the following information and materials and bring them to presubmittal meeting8.

• Assessor's parcel number for individual lots or project map for complex

proposals. • General Plan, Specific Plan, if applicable, and zoning land use designations for the

project vicinity.

• Approved or proposed development plans and related staff reports and CEQA documents if applicable. (Approved plans generally indicate what land uses are planned, the level of services required, how services will be provided, the conditions under which service will be extended, and the impact on adjacent areas.)

• A project vicinity map.

2.13. Attend a presubmittal meeting, if needed, during which LAFCo staff will (1) review procedures and processes, (2) identify supplemental data and information requirements, if any, including the need for additional environmental documentation, (3) identify any applicable fees and charges, and (4) provide any other required or requested information including necessary application forms.

8 Applicants for Out of Area Service Agreements, only need to bring a copy of the agreement or contract, a project site and vicinity map and documentation of public health or safety concerns.

2.2. Application Preparation and Submittal. 2.21. Provide one original and 12 copies of the completed and signed LAFCo Application.9

2.22. Provide one original and two copies of a certified resolution of application OR one original and four copies of a petition of land owners/registered voters (See Exhibit D). A resolution (See Exhibit E) must contain the same information as a petition except signatures (§56700, §56654). The resolution or petition shall include all of the following:

• State that proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000;

• State nature of the proposal and list all proposed changes of organization;

• Set forth a metes and bounds description of the boundaries of the affected

territory accompanied by a map showing the boundaries;

• Set forth any proposed terms and conditions;

• State project justifications;

• State whether petition is signed by registered voters or owners of the land;

• Designate a maximum of three persons as chief petitioners, setting forth their names, mailing addresses and phone numbers;

• State whether proposal is consistent with SOIs for each affected city or district; and

• Request proceedings pursuant to appropriate sections of the CKH Act.

2.23. Provide the following items:

• Five copies of a vicinity map (8 1/2 x 11) of the subject property. • Two larger (e.g. 2’x3’) , easily readable maps of the project sites with project

boundaries clearly indicated.

• Fifteen copies of a legal description of the project site in metes and bounds.

• One large-scale topographical map of the project site. (The site may be indicated on a USGS quadrangle map.)

• Two legible copies of any deeds cited on project maps.

9 Only one original and one copy is needed for Out of Area Service Agreements.

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• For city annexations, provide one certified original and two copies of the adopted

City Council Resolution prezoning the property pursuant to §56375.

• For city or special district annexations involving property tax revenues exchanges, one certified and two copies of Resolutions from affected cities, districts and Alameda County indicating that affected jurisdictions have reached agreement on an exchange of property tax revenues pursuant to Revenue and Taxation Code §99. (By statute, LAFCo cannot certify an application as complete or schedule a proposal for hearing unless this requirement is met.)

• For Out of Area Service Agreements, two copies of agreement or contract, and

two copies of documentation of public health or safety emergency, if applicable.

• One original and two copies of any CEQA documents approved for any portion of the proposal. If an Environmental Impact Report (EIR) was prepared, provide 15 copies of the certified EIR and the Findings of Fact and Statement of Overriding Considerations if applicable. Only one copy of EIR appendices is required unless the FEIR is the appendix.

• One original and one copy of applicant and property owner financial disclosure

Statement(s) pursuant to the requirements of the Fair Political Practices Commission and Section 1.7.

• Non-refundable LAFCo application processing fees (See Appendix A).

2.24. Applicants must submit a plan to provide municipal services. Plan of

Service submittals are required to contain, but are not limited to, the following information:

• An enumeration and description of the service to be extended to the affected territory;

• The level and range of those services;

• The estimated time frame for service delivery;

• A statement of any capital improvements, or other conditions, which the local

agency would impose or require within the affected territory if the requested action is approved (§56653).

• A capacity analysis which states: (1) number of service units available (units can

be described as parcels, meters, equivalent dwelling units or other project specific units of measure as approved by the Executive Officer); (2) the number of service units currently allocated; (3) the total number of service units within agency boundaries, including assessment districts which may cross district

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boundaries, that are anticipating future service; (4) the number of service units proposed to be added as a result of the annexation; (5) the total number of service units entitled to receive services as a result of the proposed project. In the event that the applicant or annexing agency finds that there are not enough service units available to provide for number 5, the applicant shall provide a plan for obtaining the capacity necessary to provide service pursuant to 2.25;

• A description of the size, location and capacity of existing infrastructure;

• A statement from the annexing agency disclosing its disposition regarding

responsibility to reserve capacity for unserved property within agency boundaries and current estimates of unserved property within its current boundaries;

• A list of the conditions that the applicant must meet in order to receive services

from the annexing agency, such as annexation costs, facility plan report, fire flow requirements, on and off site construction requirements, or easements, and a statement explaining who is responsible for funding required items; and

• Annexing agency’s statement of intent to provide services, including a description

of the applicant’s requirements to fund infrastructure so that areas within the district can be served, or will continue to be served, at the same or higher level of service, and proposed service areas will be accommodated at the same or a higher level of service. If the annexing agency cannot provide the latter guarantees, then the applicant or annexing agency shall provide a written justification for project approval despite anticipated negative impacts.

2.25. If a service cannot be provided without expanding service capacity or

constructing infrastructure (other than at parcel connections to service), then the following information must also be included in a plan of service: • A description of any required facility or infrastructure expansions or other

necessary capital improvements; • The likely schedule for completion of the expanded capacity project, the viability

of the needed project, and the relation of the subject project to the overall project and project time line;

• A list of required administrative and legislated processes, such as CEQA review

or State Water Resources Board allocation permits, including assessment of likelihood of approval of any permits and existence of pending or threatened legal or administrative challenges if known;

• The planned total additional capacity;

• The size and location of needed capital improvements;

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• The proposed project cost, financing plan and financing mechanisms including a description of the persons or properties who will be expected to bear project costs; and

• Any proposed alternative projects if the preferred project cannot be completed

(include information in letters a through f for each proposed alternative). 2.26. Applications need to be submitted to the LAFCo office. 2.3. Application Review. 2.31. The Executive Officer will render a decision on the completeness of the submittal within 30 days of receipt by determining whether the application is sufficient and complete as required by law including required additional copies and fees (§56652).

2.32. The Executive Officer will determine the status of CEQA review consistent with adopted policies and procedures.10 This includes the determination of LAFCo Lead or Responsible Agency role if not yet established. All environmental review is conducted consistent with LAFCo’s adopted CEQA procedures. 2.33. The Executive Officer will give mailed notice of application receipt to each interested and subject agency, all affected counties, the county committee/s on school district reorganization, and each school superintendent whose school district overlies the area (§56658). If an application for the formation, consolidation or dissolution of a park district formed pursuant to Recreation and Park District law, or a reorganization including any of these actions, is received the Executive Officer shall provide notice to the Director of the State Department of Parks and Recreation (56131.7). The Director shall be permitted 60 days to respond and the Commission shall consider all comments received. 2.34. If the application is complete, the Executive Officer will issue a Certificate of Filing and schedule a Commission hearing within the following 90 days. 2.35. A Certificate of Filing shall not be filed until at least 20 21days following notice provided in 2.33. 2.36. If the application is incomplete, the Executive Officer will inform the applicant in writing of the additional information or supplemental documentation that is needed (§56658). 2.37. After the application is deemed complete, the Executive Officer will solicit comments from affected Alameda County departments, and other affected counties, agencies, entities, persons and parties requesting notice, and any affected LAFCos (§56658). 10 CEQA implementation procedures have been published separately. A copy may be obtained from the LAFCo office.

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2.38. Notice and opportunity to request a public hearing shall be given to agencies whose boundaries are affected (§56658). 2.39. Depending on nature and type of proposal, or if requested by any party, project applicants and/or LAFCo may conduct a meeting with affected residents or landowners to present the proposal and receive comments. 2.310. The Executive Officer shall review the application, other pertinent information and any comments received from the public or other entities. 2.311. The Executive Officer shall prepare a staff report, which contains: (1) an analysis of the proposal’s consistency with pertinent LAFCo factors and policies, SOIs, general and specific plans, other pertinent plans or programs, and LAFCo’s policies and procedures (§56668, §56668.3, §56668.5); (2) recommendations of appropriate Commission actions; and (3) appropriate terms and conditions (§56885-§56890) if any. 2.312. At least five days prior to hearing, the Executive Officer shall mail the staff report to each LAFCo Commissioner, each person designated in the application, each affected local agency requesting a report, each agency whose boundaries or SOI will be changed, each individual who has indicated an interest in the action, and the Executive Officer of the LAFCo of any other affected county (§56665). 2.4. Public Hearings. 2.41. The Executive Officer shall set the hearing date, and provide notice, at least 21 days prior to the hearing date specified in the notice (§56150) by:

• Publication in a newspaper of general circulation in each affected county and

circulated within the affected territory, and on the Alameda LAFCo web site (§56150, §56153, §56300(f));

• Posting near the door of the hearing room and at the LAFCo Office (§56158,

§56159); and

• First-class mailing to each affected agency which contains territory or whose SOI contains territory within the proposal including individual notice to each elected local official, each member of the governing body, and the executive officer of the agency, chief petitioner(s) and project proponents and applicants, persons requesting notice, to all registered voters shown on the most recent index of affidavits available when the proponent adopts a resolution of application or files a notice of intent to circulate a petition, and each owner of property at the address shown on the most recent assessment roll being prepared by the county when the proponent adopts a resolution of application or files a notice of intent to circulate a petition and located on the project site or within 300 feet of the exterior boundary of the project site, each city within three miles, any affected

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school districts, and the county in the case of incorporation or district formation, the State Director of Forestry and Fire Protection for a fire district formation, and the State Director of Conservation if a Williamson Act contract is affected. LAFCO may waive notice to property owners if the initiating agency has provided proof of notice. LAFCO will require that a proponent pay public notice costs if more than 1,000 notices must be mailed, and other fees are insufficient to cover all noticing costs (§56123, §56155, §56157, §56658, §56661).

2.42. LAFCo shall consider the proposal on the noticed date and shall receive all oral and written testimony. LAFCo may continue a hearing for up to 70 days. 2.43. Some LAFCo determinations can be made without notice and hearing if determined de minimis, with written consent of all landowners or other conditions (§56662, §56663). 2.44. At the same hearing, or within, 35 days of approving a proposal, LAFCo shall adopt a Resolution of Determination that will:

• Determine if the territory is inhabited or uninhabited (inhabited territory means territory within which 12 or more registered voters reside);

• Approve or deny with or without terms, conditions or modifications to the proposal;

• Initiate conducting authority processes and protest proceedings unless state law

authorizes another agency to assume that role;11

• For annexations, detachments, and county service area formations, authorize proceedings without notice, hearing, or an election, if there is 100% consent (§56662, §56663); and

• Specify in the terms and conditions for each proposal requiring a protest hearing,

the window of time (21-60 days) allowed for the collection and filing of protest. The number of days required shall be based upon the need to expedite the process and the level of controversy or interest surrounding the proposal.

2.45. Protest proceedings for uninhabited areas may be waived if all of the following conditions apply (§56663):

• The subject area is uninhabited; • All of the owners of land within the affected territory have given their written consent

to the change of organization or reorganization;

11 Conducting authority proceedings are not required for Out of Area Service Agreement proposals.

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• All affected subject agencies that will gain or lose territory as a result of the change of organization or reorganization have consented in writing to a waiver of protest proceedings;

• The commission has provided written notice of commission proceedings to all

property owners and registered voters within the subject territory and no opposition is received prior to or during the commission meeting;

• A satisfactory and verified property tax exchange agreement has been completed;

and

• Affected SOIs are up-to-date (§56425) and service reviews have been conducted and were available for use during proposal evaluation (§56430).

2.46. The Commission may waive protest proceedings for inhabited areas entirely if the following conditions apply (§56663):

• The commission has provided a written notice of commission proceedings to all registered voters and landowners within the affected territory and no opposition from registered owners or landowner within the affected territory is received prior to or during the commission meeting. The written notice shall disclose to the registered voters and landowners that unless opposition is expressed regarding the proposal or the commission’s intention to waive protest proceedings, that there will be no subsequent protest an election proceedings; and

• All affected subject agencies that will gain or lose territory as a result of the change

of organization or reorganization have consented in writing to a waiver of protest proceedings.

• Affected SOIs are up-to-date (§56425) and service reviews have been conducted

and were available for use during proposal evaluation (§56430). 2.47. The Executive Officer will mail a copy of the Resolution of Determination to proponents, chief petitioners if any, and each affected local agency whose boundaries will be changed (§56882).

2.48. If a proposal is denied, no new proposal can be made for one year unless

waived by LAFCo. If the proposal includes an incorporation or city consolidation, no new proposal can be made for two years unless waived by LAFCo (§56880, §56884, §57090).

2.5. Reconsideration. 2.51. Any person, agency or other entity may file a written request with the Executive Officer seeking reconsideration of any portion of a resolution adopted by the Commission (§56895). The request shall state what new or different facts that could not have been presented previously are claimed to warrant reconsideration.

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Requests for reconsideration of a Commission resolution are to be submitted in writing and accompanied by the reconsideration request fee (§56383). 2.52. Reconsideration requests shall be filed within 30 days of a resolution making determinations (§56895(b)). If the 30th day falls on a weekend or holiday, the filing deadline will be extended to the next business day at 5:00 p.m. 2.53. At the hearing, the Commission may approve, disapprove, amend, modify or continue the matter for no more than 35 days. If the reconsideration request is granted, the Commission shall adopt a resolution, which supersedes the previous resolution (§56895(g)). Clerical errors or mistakes in any action or resolution adopted pursuant to a reconsideration action may be corrected (§56854, §56895(I)). 2.54. Any Commissioner or alternate seated at a given meeting can vote on reconsideration of an action taken at a prior meeting if they review meeting reports, tapes and minutes prior to the meeting at which they vote. 2.55. The Commission's determination is final. No person shall make any further request for the same change or substantially similar change as determined by the Commission (§56895(h)). 3.0. Conducting Authority Proceedings . After approval of a change of organization or reorganization, LAFCo generally assumes the ministerial role of conducting authority unless another conducting authority is specified in the law (§56029). The basic purpose of the conducting authority process is to provide a process for registered voters and property owners to formally voice their approval or disapproval for the particular change of organization. Proceedings for district formations are conducted as authorized in the principal act of the district proposed to be formed unless that procedure is inconsistent with the CKH Act or a formation is part of a reorganization (§56100, §56859, §57007). Section 3.0 contains procedures that apply to most proposals. Part III contains procedures that apply to specific types of proposals. Readers need to review policies and procedures for specific types of proposals before proceeding with conducting authority processes. 3.11. The Executive Officer is designated conducting authority and shall assume conducting authority responsibilities on behalf of the Commission (§57000(c)) unless otherwise directed by the Commission. 3.12. Unless requirements for hearing are waived (§56837), the conducting authority shall conduct a protest hearing to receive any oral or written protests (§57050). Protest forms (see Exhibit B) are available at the LAFCo office. 3.13 Within 35 days following adoption of the resolution making determinations and requiring a protest hearing, and following the reconsideration period specified in

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§56895(b), the Executive Officer conducting authority shall set the proposal for hearing and give notice. The hearing shall not be less than 15 21 or more than 60 days after the notice is given (§57002) with the exception of subsidiary districts in which case the hearing shall be not less than 90 or more than 135 days following the notice. For incorporations, the hearing must be scheduled within 15 days of adopting determinations, and for the next regularly scheduled meeting for which proper notice can be given. 3.14 The Commission shall not accept for filing, or act upon, any other proposal affecting the territory until the proceedings are completed or terminated (§57003). 3.15 Notice of the protest hearing shall be provided pursuant to §56153, §56254, §56158, §56159, §57025, §57026) and as follows:

• Notice shall be published in a newspaper of general circulation, posted at the hearing location, and mailed to each affected agency that contains territory or whose sphere of influence contains territory within the proposal, the Executive Officer, project proponents, chief petitioners if any, persons requesting notice, land owners within territory to be formed into or annexed to or detached from an improvement district, and any persons requesting special notice at least 21 days prior to a protest hearing.

• Mailed notice must be provided to all affected landowners if the proposal involves

the formation of, annexation to, or detachment from an improvement district, the annexation of 75 acres or less to a city, or would result in the extension of a previously authorized special tax or benefit assessment.

• The time, date, and location of the protest hearing, and all other information

required pursuant to §57026, shall be specified in the notice as determined by the Executive Officer.

3.16. The protest hearing shall be held in the affected territory if the hearing is a proposal initiated by the Commission pursuant to §56375(a) for a district consolidation, dissolution, or merger, or the establishment of a subsidiary district. 3.17. At the protest hearing, the conducting authority shall summarize the Commission’s resolution and hear and receive any oral or written protests, objections, or evidence. Written protests may be withdrawn during the hearing. 3.18. Written protests may be filed by any affected landowner or registered voter (§57050, §57051) after notice of the hearing is published and prior to, or at, the protest hearing. 3.19. The conducting authority may continue the protest hearing from time to time, but not more than 60 days from the date specified in the notice, or 35 days if an incorporation is the subject of the protest hearing (§57050).

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3.110. Upon conclusion of the protest hearing:

• If no written protests have been filed the conducting authority shall adopt a form of resolution ordering the change of organization or reorganization without an election; or

• If written protests have been filed, the conducting authority shall, within thirty days

after the conclusion of the hearing, make determinations on the value of written protests filed and not withdrawn (§57075).

• To determine the value of written protests filed and not withdrawn, the conducting

authority shall cause the names of the signers on the protests to be compared with the voters’ register in the office of the Registrar of Voters pursuant to §56707 and/or the names of the owners of land on the most recent assessment roll pursuant to §56708 and §56710.

3.111. Upon determination of the value of written protests filed and not withdrawn, the conducting authority shall take one of the following actions, depending on the nature of the change of organization or reorganization:

• Issue Certificate of Termination terminating proceedings; • Adopt a resolution making determinations and ordering the change of organization

or reorganization without an election; or

• Adopt a resolution making determinations and ordering the change organization or reorganization subject to confirmation by the voters.

3.112. A resolution ordering the change of organization or reorganization shall describe the exterior boundaries of territory annexed or detached, and shall contain all terms and conditions imposed upon such change of organization or reorganization (§57100). 3.113. The conducting authority’s actions shall be based on the following statutory requirements: For inhabited territory:

• Terminate proceedings if a majority protest exists in accordance with §57078. • Order the change of organization or reorganization without an election when

protests are less than 25% of registered voters in the territory and less than 25% of the land owners owning less than 25% of the assessed value of land in the territory (§57075).

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• Order an election by voters within the territory when 25% or more (but less than 50%) of the voters or landowners who own 25% of the assessed value protest (§57075). For city annexations, the any required election shall be held in both the annexation area and the city when the assessed value of land within the annexation area equals one-half, or more, of that within the city; or the number of registered voters within the annexation area equals one-half or more of that within the city (§56759).

For uninhabited territory:

• Terminate proceedings if a majority protest exists in accordance with §57078. • Order the change of organization or reorganization if property owners with less than

50% of the total assessed value of land within the affected territory protest (§57075).

3.114. If an election is required, the Executive Officer, pursuant to §57000(d), shall inform the Board of Supervisors or City Council of the affected agency of LAFCo’s determination and request the legislative body to direct the elections’ official to conduct the election. 3.115. The County elections officers will conduct the election in accordance with state election laws and the CKH Act. 3.116. The conducting authority shall execute a Certificate of Completion (COC) confirming the order of the change of organization or reorganization if a majority of the votes cast are in favor in any of the following circumstances (§56176):

• At an election called in the affected territory; • At an election called within the affected territory and within the territory of the

affected agency; or

• At both an election called within the territory ordered to be organized or reorganized and an election called within the territory of an affected city, when required by the commission pursuant to (§56759).

3.117. The conducting authority shall execute a Certificate of Termination of Proceedings if the majority of votes were against the proposal.

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4.0. Final Actions, Filings and Notifications. 4.11. After the conducting authority proceedings are completed, the project proponent shall submit to the LAFCo Office:

• Fees for the State Board of Equalization; • Final Maps (2 Mylar originals for LAFCo and one Mylar original for any affected city

of special district) and a legal description approved for form and accuracy by the Alameda County Surveyor's Office; and

• Proof of compliance with all terms and conditions of LAFCo’s Resolution.

4.12. Within 30 days of receipt of maps and fees, and verification of compliance with terms and conditions by the Executive Officer, a COC will be issued and recorded with the County Recorder. The COC must be recorded in one year or the proceedings will be abandoned unless LAFCo grants a waiver (§57001). 4.13. If no effective date is specified in the Commission resolution, the recordation date is the effective date (§56102). 4.14. A statement of boundary change or creation will be issued by the Executive Officer and filed with the State Board of Equalization and County Assessor. If it is a city change, a notice will be provided to the Secretary of State. Property tax resolutions, if any, are forwarded to the County Auditor to enable property tax transfer. 4.15. The Executive Officer shall provide a notice of completion and effective date to agencies whose boundaries are affected and affected county departments. Any other agencies, utilities and other affected parties will be also notified as appropriate (§57201, §57203, §57204). 4.16. After receiving notice, affected agencies are required to recognize completion of the jurisdictional change and implement any amended processes such as redistribution of property tax.

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Alameda Local Agency Formation Commission September 2003 Draft Guidelines, Policies and Procedures PART IV. CHANGES OF ORGANIZATION AND REORGANIZATION. 5.0. General City Annexation and Detachment Policies and Standards.12

5.11. An annexation shall not be approved if it represents an attempt to annex only revenue-producing property (§56668). 5.12. Annexations, not initiated by LAFCo, shall not be approved unless the annexing agency is willing to accept the annexation. 5.13. Where another agency is currently providing service or objects to the annexation, LAFCo will compare the proposed plan of service with alternative service plans and adopted determinations from any service reviews to determine whether the proposal is the best alternative for service. 5.14. The Commission shall seek to approve changes of organization that encourage and provide planned, well ordered, efficient development patterns that include the appropriate preservation and conservation of open space and prime agricultural lands within and around developed areas, and contribute to the orderly formation and development of local agencies based upon local circumstances and conditions (§56300, §56301). 5.15. The Commission shall consider existing zoning and prezones, general plans and other land use plans, interests and plans of unincorporated communities, SOIs and master service plans of neighboring governmental entities and recommendations and determinations from related service reviews (§56375, §56668). 5.16. LAFCo will only approve changes of organization that are consistent with general application policies and criteria as interpreted by the Commission, and do not worsen conditions or undermine recommendations disclosed in a service review. 5.17. LAFCo discourages the annexation of vacant land, or extension of urban services, unless there is a demonstrated near term (within five years) need for services.

5.18. LAFCo requires verification of approved development plans, such as a tentative map, specific plan, or other urban entitlements when vacant territory is proposed for annexation to a city or district.

5.19. Prior to annexation to a city or special district, the petitioners shall provide

information demonstrating that the need for governmental services exists, the annexing agency is capable of providing service, that a plan for service exists, and that the annexation is the best alternative to provide service (§56700, §56668).

12 Detailed procedures that apply to all proposals are provided in Part III. Specific policies and procedures are provided in Part IV, Sections 6-17.

5.110. LAFCo will look unfavorably on projects that shift the cost of services and infrastructure benefits received to others or other service areas. 5.111. A proposed annexation shall be a logical and reasonable expansion to the annexing district (§56001, §56119, §56668). 5.112. Pre-hearings are required for any proposal, except a special reorganization, that includes a city detachment unless the city transmits a resolution supporting the proposal. If such resolution has not been received, LAFCo shall transmit a copy of the detachment proposal to the affected city at least 20 21days before the pre-hearing (§56751).

5.113. If the city from which a territory is proposed to be detached transmits a

resolution requesting termination of the proceedings within 60 days after the pre-hearing is placed on the agenda, LAFCo shall terminate it (§56751).

5.114. LAFCo shall disapprove proposals that extend urban services to land subject to a Land Conservation contract or agricultural preserve unless it can be clearly demonstrated that disapproval will discourage orderly and timely urban development (§56001, §56301) and no feasible alternative exists. 5.115. LAFCo shall disapprove proposals including annexation of territory subject to a Williamson Act contract if any city or special district would provide facilities or services related to sewers, nonagricultural water, or streets and roads in the territory under contract unless:

• A notice of nonrenewal has been served pursuant to §51245 and the annexing agency has agreed that no services will be provided to the territory prior to contract expiration unless they solely support contracted land uses;

• A tentative cancellation has been approved pursuant to §51282; • Facilities or services provided to the contracted territory only support the

continuance of contracted agricultural and open space uses; • The post-annexation contract administrator has adopted policies and

feasible mitigation measures to ensure continuation of agricultural and other permitted uses on the site over the long term; and/or

• The proposal encourages and provides planned, well-ordered and efficient urban development patterns that include appropriate consideration of agricultural and open space lands within these development patterns (§56856.5).

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6.0. Specific City Annexation Policies and Procedures. Policies: 6.11. LAFCo promotes the timely conversion of land to urban uses and will effectuate this goal through encouraging infill development on incorporated vacant lands located adjacent to already developed areas (§56301, §56377). 6.12. The fundamental policy of the Commission in considering the development status of land, located in or adjacent to an established city SOI boundary and contiguous to a city boundary, shall be that such urban development is preferred in cities. This policy is based on the fact that cities exist to provide a broader range of services than do special districts (§56001, §56425). 6.13. Developed lands that benefit from municipal services, and are contiguous to a city boundary, should be annexed to the city providing such services. 6.14. Land may not be annexed to a city unless it is contiguous to the city at the time the proposal is initiated unless the land is owned by the city, is being used for municipal purposes at the time Commission proceedings are initiated, is within the same county as the city, and does not exceed 300 acres in area (§56741, §56742, §56742.5). 6.15. A city shall prezone undeveloped property to be annexed before the Commission takes action on the annexation (§56375). No changes to the general plan or zoning shall be made for two years after LAFCo approves a proposal unless the annexing city determines that substantial changes have occurred that necessitate such actions (§56375(e)). 6.16. The city shall be the Lead Agency and LAFCo shall be the Responsible Agency, for environmental review of any prezone and related change of organization. The city shall consult with LAFCo during the CEQA process, provide a written response to LAFCo’s input, and submit environmental documentation to LAFCo pursuant to PRC §15050, §15381, §15096, §15051. 6.17. Applications for annexation of islands subject to Williamson Act Land Conservation contracts will not be deemed complete unless a meeting to consider the proposal has been conducted by the affected city and related minutes, staff reports, or written comments are included. 6.18. Applications for annexation of tidelands or submerged lands owned by the State Lands Commission or its trustees will not be deemed complete unless a determination of boundaries and issues by the State Lands Commission is provided to LAFCo (§56740).

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6.19. Detachment from districts providing services to areas being annexed to the city are to be processed simultaneously as a reorganization in compliance with government codes (§56826, §56073) and consistent with applicable SOI policies and any service review recommendations adopted by LAFCo. Procedures: 6.110. Proceedings for annexation to or detachment from a city may be initiated by petition or resolution of the governing body of any affected county, city or district (§56650, §56654). 6.111. Petitions for city annexations shall be signed by (§56767):

• Not less than 5% of the number of registered voters residing within the territory proposed to be annexed as shown on the County Registrar of Voters’ list; or

• Not less than 5% of the number of owners of land within the territory proposed to be

annexed who also own 5% of the assessed value of land within the territory as shown on the last equalized assessment role.

6.112. A petition for detachment of territory from a city shall be signed by either of the following (§56768):

• Not less than 25% of the registered voters residing within the territory proposed

to be detached as shown on the County Registrar of Voters’ list; or • Not less than 25% of the number of owners of land within the territory proposed to

be detached who also own 25% of the assessed value of land within the territory, as shown on the last equalized assessment role.

6.113. At least 21 days before the adoption of the resolution, a legislative body should give mailed notice of its intention to adopt a resolution of application to the commission and to each interested agency and each subject agency. The notice shall generally describe the proposal and the affected territory. 6.114. If any proposal, except a special reorganization, includes a detachment from a city, and is not accompanied by an adopted resolution of support from the city from which the detachment of territory is requested, the Commission shall schedule an informational item at the next meeting for which notice can be given and transmit the proposal shall be transmitted to the affected city from which the detachment of territory is requested. The affected city from which the detachment of territory is requested may adopt and transmit a resolution requesting termination for the proceedings within 60 days of the scheduled meeting. The detachment proceedings shall be terminated if a resolution requesting termination is received (§56751).

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6.115. Within 10 days of receipt of a proposal for city annexation of land subject to a Williamson Act contract, LAFCo will notify the State Director of Conservation (§56753.5), request comments and place the Director on the mailing list for any meetings to consider the proposal (§56753). 6.116. The Commission may approve, modify, or deny the proposal consistent with all adopted policies and procedures and the CKH Act. If approved, the Commission may adopt terms and conditions for the annexation or detachment (§56122, §§56886-56890, §57135, §57300-303) LAFCO may adopt conditions listed in §§57300-303 or in §57886. 6.117. Any resolution of approval for city annexation of land subject to a Williamson Act contract shall state whether the city shall succeed to the rights, duties, and powers of the county or exercise its options not to succeed to the contract pursuant to §51243 and §51243.5 (§56752, §56754). In making determinations whether a city may or may not succeed to the county’s contract pursuant to §§51243 and 51243.5, LAFCO shall determine that substantial evidence exists to show that the city has the option not to succeed. 6.118. Annexations of islands less than 75 acres in size, not part of a larger island, not part of a gated community receiving services from a community services district, in a substantially developed or developing area, not including prime agricultural land, and meeting other requirements specified in §56375.3, and if initiated on or after January 1, 2007 may be ordered without an election. If an island annexation is initiated between January 1, 2000 and January 1, 2007, protest proceedings may be waived as specified in §56375.3. This policy does not apply to territory that became surrounded or substantially surrounded by the city after January 1, 2000. If initiated on or after January 1, 2007, LAFCo shall make a finding regarding the value of written protests filed, but not withdrawn within 30 days after approval and do either of the following:

(1) Terminate proceedings if written protests have been filed by 50% or more of the registered voters in territory to be annexed or (2) Order the territory to be annexed without an election.

Section 57075 does not apply to island proceedings initiated on or after January 1, 2007. (§57050, §57051, §57052, §57078, §57080) 6.119. If territory proposed to be annexed to a city consists of non contiguous areas and two or more distinct communities with a commonly recognized designation (General Plan, census, post office, official association, signage, etc.), and any community possesses more than 250 registered voters, protests shall be counted separately except for certain island annexations (§57078.5, §56375.3). 7.0. Specific Special District Annexation Policies and Procedures.

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Policies: 7.11. The annexation must provide for the most efficient delivery of services. The most efficient services are those provided at the lowest cost and highest service level. In the case of similar providers with the same level of service, the one that delivers the same service at the lowest cost will be considered to be most efficient. 7.12. The annexation shall be modified, conditioned or disapproved if it permits the more efficient delivery of one or more services to the detriment of other services. 7.13. The annexing agency must demonstrate that no parcel located within the district’s service boundaries will be deprived of its right to receive services if the annexation is approved (§56668). 7.14. The annexing agency must demonstrate that levels of service for existing and potential customers within its service boundaries will not be lowered, or costs of service increased, if the annexation is approved (§56668). If any adverse impacts may occur, the applicant or annexing agency must provide, for LAFCo consideration, a written justification for project approval despite the negative impacts. Procedures: 7.15. Proceedings for annexation to a special district may be initiated by petition or resolution of the governing body of any affected county, city, or district (§56650, §56654). See Policy 2.2 for required contents. 7.16. A petition for annexation to a special district shall be signed by (§56864): Registered voter district:

• Not less than 25% of the registered voters residing within the territory proposed to be annexed; or

• Not less than 25% of the number of owners of land within the territory proposed to

be annexed who also own 25% of the assessed value of land within the territory. Land owner-voter district (a district whose principal act provides that owners of land within the district are entitled to vote):

• Not less than 25% of the number of landowners who own not less than 25% of the assessed value of land.

7.17. Pre-hearings are required for any proposal not filed by the annexing district/s, or accompanied by an adopted resolution of support from each special district to which annexation is proposed. LAFCo shall transmit a copy of the annexation proposal to the special district/s to which annexation is proposed at least 21

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days before the pre-hearing. The special district/s to which annexation is proposed have 60 days to adopt and transmit a resolution requesting termination of the proceedings. LAFCo will terminate such proposals upon receipt of such resolution (§56857). 7.18. If the territory to be annexed is inhabited and the assessed value of the land equals ½ or more of the assessed value of land within the district, or the number of registered voters residing within the territory equals ½ or more of the registered voters residing in the district, LAFCO may condition the proposal for district wide confirmation (§56877). 8.0. Specific Special District Detachment Policies and Procedures. Policies: 8.11. The project proponent shall demonstrate that there is no longer a need for service(s) provided by the affected district/agency, and that detachment is the best alternative. 8.12. LAFCo will not approve a detachment proposal if it is an attempt by the petitioner to avoid paying district revenues while still receiving district service. 8.13. If a detachment is proposed principally to allow for some other means of providing the same service, the applicant must demonstrate that the proposal will result in an improved level of service (§56668). 8.14. Detachments shall not be approved if resultant boundaries are inconsistent with affected agencies’ SOIs or adopted service review recommendations unless special circumstances exist. 8.15. SOI amendments and service reviews for districts from which land will be detached will be processed prior to, or concurrent with, any LAFCo approval of the detachment where possible. Procedures: 8.16. Proceedings for detachment from a district may be initiated by petition or by resolution of the governing body of any affected county, city, or district (§56650). 8.17. Signature requirements for detachments from special districts are the same as for annexations (See 7.15 and 7.16.) (§56864).

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9.0. Specific Special District Formation Policies and Procedures. About Formations: Principal Acts. The State Legislature has adopted principal, or enabling, acts that govern special districts (§56065). A principal act lists functions that a special district may perform. Some districts are limited to performing a single function; others can perform nearly the same functions as a city. However, only cities and counties have direct land use authority. The principal acts under which special districts are formed vary widely in terms of the type of agency formed, and formation procedures. Part V contains information on numerous principal acts. The individual, agency, or community group initiating a formation should review the Appendix to find a special district that fulfills their specific set of needs. Representation and Governing Boards. Most special districts use voter-registration as the basis for representation and for election of governing boards. However, some principal acts, and some districts in rural areas, allow representation based upon land ownership. Votes in landowner districts may be allocated on the basis of assessed valuation of land (with or without regard to improvements) compared to total assessed valuation of the district. Some districts allocate voting rights based on a combination of voter and landowner provisions. Wide variation exists in the makeup of governing boards. In some cases, elected officials of other agencies, such as cites or counties, decide matters for a special district. Such districts are called "dependent" districts and essentially exist as a subsidiary agency of the county or a city. An "independent" district has an elected board. When such boards are elected, the principal act generally provides for elections by district, elections at large, or a choice between the two. The number of permitted board members also varies widely. Formation Facts. Formations may be initiated by petition of registered voters or landowners; or by resolution of a special district board, a city council, or the Board of Supervisors depending on the principal act. The principal act may limit initiation to one of the above, or allow a choice among several or all of the above. The number of required petition signatures might vary. The area that may be included within a district upon formation or by annexation is set forth in the districts' enabling act. Districts may be allowed to include territory in two or more counties, may be required to include all of a city if it is to include any part, or may be required to include only contiguous territory. Variation is significant. Policies:

9.11. Principal acts guide formations except that LAFCo will be the conducting authority. If the principal act guiding formation is inconsistent with the CKH Act, the

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CKH shall be used to guide proceedings (§56100, §56859). CKH Act elections language supersedes Elections Code and principal act when inconsistent (§57125, §57126, §57127). 9.12. A proposal to form a special district shall demonstrate that a need exists for a service or control which can best be provided by a special district and that there are no other alternatives that would provide the service or control in a more efficient manner (§56668, §56001, §56301, §56886.5). 913. If need for service is clear, LAFCo shall consider a project alternative in which an existing agency may perform the function in a more efficient and accountable manner or make a determination that no such agency is available (§56301). 9.14. The proposed entity shall be able to generate sufficient revenue to provide the requested service (§56668, §56001). 9.15. The petitioner will provide and the Commission shall consider a cost versus benefits study showing the fiscal and levels of service gains and/or losses resulting from the formation (§56001). The project will not be approved if the costs are demonstrated to outweigh the benefits. 9.16. The proposal for the formation of a special district shall describe the relationship of the newly formed district to existing agencies (§56001). The proposed formation shall not undermine the logical expansion of adjacent or other governmental agencies or districts (§56301). 9.17. If LAFCo determines that a formation will necessitate adoption of any new regulations or the amendment or repeal of any regulations adopted by the county, LAFCo may condition approval of the application upon the adoption, amendment or repeal of the regulations and shall initiate and conduct proceedings to adopt such conditions. 9.18. LAFCo shall process formations consistent with statutory provisions in various principal acts. 9.19. LAFCo shall encourage voter-registration as the basis for representation in a new district when possible. Procedures: 9.110. In addition to the petition or resolution initiating the formation and all other information required in Section 2.0, an application for formation shall include:

• The statutory section under which the formation would occur;

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• The functions and services proposed to be provided by the district and powers that shall remain latent;

• An operating budget for the proposed district including revenue and expenditure

estimates during the three years following formation; and

• A discussion of alternative district boundaries and the rationale for alternative boundaries.

9.111. If the formation is approved, the Commission shall determine the final boundaries, set the base property tax (§56810) and appropriations limit (§56811, §57120) for the proposed district, and any terms and conditions of approval (§56125). If the Commission wholly disapproves a proposal, no new proposal involving the same or substantially the same territory shall be initiated for one year after the date of the Commission's resolution, unless this provision is waived by the Commission (§56884). 9.112. The CKH Act permits the conducting authority to take one of the following three actions:

• Order the formation without an election, if the formation is part of a reorganization or consolidation where two or more districts are proceeding under the adoption of substantially similar initiating resolutions (§56853, §56854, §57081);

• Order the formation subject to confirmation at an election (§56854); or

• Terminate the formation proceedings if protests are filed by (§57077, §57078):

a. In the case of uninhabited territory, land owners owning 50% or more of the assessed value of the land within the territory.

b. In the case of inhabited territory, 50% or more of the registered voters within the

territory. c. In the case of land owner-voter districts, 50% or more of the voting power of the

voters entitled to vote as a result of owning land within the proposed district. 9.113. If an election is held and a majority of the votes is cast for formation of the district, the conducting authority shall pass a resolution confirming the order of formation. The election may also decide the membership of the district's governing body, and any other issues provided for in the principal act under which formation is occurring (§57139).

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10.0. District Latent Powers. LAFCo has the authority to adopt, amend or repeal regulations affecting the functions and services of special districts. Regulations must designate a district by type and principal act and describe how the regulations apply to the functions and services provided by a district (§56820, §56820.5). LAFCo must conduct service reviews, which evaluate issues related to exercised and latent powers (§56430). Latent powers are those permitted under a principal act but not exercised as of July 1, 1994 when Alameda LAFCo added special district representation to the Commission. If a special district desires to activate latent powers, or increase the area of service for an active power, the district must seek approval from LAFCo (§56824.10, §56824.14). Policies: 10.11. LAFCo shall require existing districts with SOIs to file written statements with the commission specifying the functions or classes of service provided by those districts (§56425, §56430). 10.12. LAFCo shall establish the nature, location, and extent of any functions or classes of service provided by existing districts as part of SOI update and service review processes (§56425, §56430). LAFCo may classify service types, where appropriate. 10.13. No new or different function or class of service shall be provided by any existing district, except upon approval by the commission (§56824.10, §56824.14). Procedures 10.14. Repeals of Amendments to a district’s range of powers may be initiated by resolution of the special district or by LAFCo (§56821). Proposals for the exercise of new or different functions or classes of service must be initiated by the special district. 10.15. Applications for amendments to powers must include a service plan that contains information required in Part III, Section 2.0 including estimated costs, identification of existing providers and alternatives (§56824.10). 10.16. Amendments to a district’s range of powers shall be considered at a noticed LAFCo public hearing. Final decisions may be rendered at the hearing. No subsequent actions, proceedings or elections are required.

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11.0. District Consolidation. Consolidation is the uniting of two or more districts into a single new successor district. Consolidating districts must have been formed under the same principal act (§56030). Policies: 11.11. LAFCo shall conduct a special study or service review prior to initiation of a district consolidation (§56378, §56430, §56837, §56853). 11.12. LAFCo should initiate consolidations when the conclusions or determinations of special studies or service reviews indicate that consolidation would result in improved service provision at the same or lower cost. 11.13. Prior to initiating a consolidation, LAFCo will notice potential affected agencies and conduct a meeting to identify issues, gather information and collaborate on the terms and conditions. A meeting with the general public may also be conducted. 11.14. Effects of district consolidations on successor cities or districts, as codified in §§57425-57502, shall be considered during deliberations on the proposal. 11.15. LAFCo shall consider a proposed consolidation at a noticed public hearing. 11.16. LAFCo shall approve, or conditionally approve, a consolidation initiated by substantially similar resolutions of agencies proposed to be consolidated. If the consolidation is approved, the Commission may adopt terms and conditions for approval. 11.17. LAFCo will not make material changes to terms and conditions contained in such resolutions (11.16) without providing a 30-day notice to applicants or add or delete districts without the written consent of the applicant local agencies (§56853). 11.18. The successor agency shall bear all election costs unless an alternate agreement is reached between the proponents and LAFCo or the election fails (§57150). Procedures: 11.19. Proceedings for consolidation of special districts shall be initiated by petition, by resolution of the governing body of an affected local agency or by LAFCo (§56375(a)). 11.110. Petitions for consolidation shall be signed as follows:

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• For registered-voter districts, by not less than 5% of the registered voters within each of the districts; or

• For land owner-voter districts, by land owner-voters within each of the districts and

who also own not less than 5% of the assessed value of land within each of the districts (§56865).

11.111. The Executive Officer shall order the consolidation without election if the consolidation has been initiated by majority resolutions of the affected districts unless a petition is submitted signed by 25% or more of the landowners owning 25% or more of the assessed value of the territory, or voters requesting an election (§56853, §57081). 11.112. Elections shall be conducted consistent with the principal act of the successor district (§57139). 11.113. Proceedings must be terminated if a majority protest exists, or if a majority of favorable votes were not cast in each district proposed to be consolidated (§57078, §57177.5). 11.114. Consideration and disclosure of the effects of consolidations on successor cities or districts, including disposition of assets, shall be an integral part of the consolidation review process (§56668, §§57500-57502). 12.0. District Dissolution. Dissolution means the dissolution, disincorporation, extinguishment, and termination of the existence of a district, and the cessation of all its corporate powers, except as LAFCo may otherwise provide pursuant to Section 56886 or for the purpose of winding up district affairs (§56035). Policies: 12.11. LAFCo should initiate dissolutions whenever the determinations or recommendations of a service review (§56430) or special study indicate that dissolution is needed in the short term, or there is substantial public support and a request for the proposal. 12.12. LAFCo will assume processing costs of LAFCo initiated dissolutions, and condition approvals to require that the remaining assets of a dissolved district will be used to repay LAFCo’s costs. 12.13. Assets of the dissolved district shall be used to fund election costs, unless an alternate agreement is reached between LAFCo and organization or reorganization proponents or the county, or the election fails (§57150).

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12.14. Consideration and disclosure of the effects of dissolutions, including disposition of assets, shall be an integral part of the dissolution review process (§56668, §§57450-57463). Procedures: 12.15. Proceedings for dissolution of a district may be initiated either by petition, resolution of the governing body of an affected agency or LAFCo (§56375(a)). 12.16. Petitions for dissolution shall be signed by (§56870, §56871): For resident voter districts:

• Not less than 10% of registered voters within the district; or • Not less than 10% of landowners within the district who also own not less than 10%

of the assessed value of land within the district. For land owner-voter districts:

• Not less than 10% of landowner-voters within the district who also own not less

than 10% of the assessed value of land within the district. 12.17. A petition for dissolution of a district for "non-use of corporate powers" requires signatures of three or more registered voters within the district for a registered-voter district, or three or more land owners within a land owner district, provided that one or more of the following conditions have existed or now exists:

• During the three year period preceding the date of the first signature on the petition there has not been a duly selected and acting quorum of the board of directors of the district; the board of directors has not furnished or provided services or facilities of substantial benefits to residents, landowners, or property within the district; and the board of directors has not levied or fixed and collected any taxes, assessments, service to residents, landowners, or property within the district (§56871).

• During the one-year period preceding the date of the first signature upon the

petition, a quorum of the duly selected and acting board of directors has not met for the purpose of transacting business.

• Upon the date of the first signature upon the petition, the district had no assets,

other than money in the form of cash, investments, or deposits.

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12.18. The Executive Officer will determine the value of written protests filed and not withdrawn, and take one of the following actions:

• Order the dissolution without election (except for the dissolution of health care/hospital districts which require an election) if protests are insufficient and the Commission made any of the following findings (§57102, §57103):

That corporate powers have not been used, as specified in §56871, and that

there is a reasonable probability that those powers will not be used in the future;

That the district is a registered-voter district and is uninhabited;

That the board of directors of the district has, by unanimous resolution,

consented to the dissolution; or

That the Commission has authorized, pursuant to §56854, the dissolution of the district without election.

• Terminate proceedings if a majority protest exists (§57078). • Forward the dissolution for confirmation by the voters if 25% of the registered

voters, landowners or landowner-voters owning more land worth more than 25% of total assessed value protest unless initiated pursuant to §56375 (§57114).

13.0. District Mergers And Establishment Of Subsidiary Districts. A merger is the extinguishment, termination and cessation of the existence of a district of limited powers by the merger of such a district with a city as a result of proceedings initiated pursuant to the following procedures (§56056). A subsidiary district is a district of limited powers in which the city council of a city shall be designated as, and empowered to act as, ex officio board of directors of such district (§56078). For a merger, the territory of a district must be included entirely within the boundaries of a city (§57104). For the establishment of a subsidiary district, the entire territory of a district must be included within the boundaries of a city; or a portion or portions of the territory of such district must be included within the boundaries of a city and such portion or portions must represent 70% or more of the area of land within such district and contain 70% or more of the number of registered voters who reside within the district (§57105). A merger of a subsidiary district, with the city that already governs it, is not subject to Revenue and Taxation Code §§99 and 99.01.

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Policies: 13.11. Any proposal for a merger will also consider the alternative proposal of establishment of a subsidiary district and any proposal for establishment of a subsidiary district will also consider the alternative proposal for a merger (§56118). The exception is the case of mergers of existing subsidiary districts. 13.12. Consideration and disclosure of the effects of mergers and establishment of subsidiary districts, including disposition of assets, shall be an integral part of the review process (§56668, §§57525 - 57535). Procedures: 13.13. A merger or subsidiary district proposal may be initiated by petition or resolution as follows (§56654, §56866):

• Petition for a merger of a registered-voter district of limited powers, which overlaps a city, or for the establishment of such district as a subsidiary district of such city must be signed by 5% of the registered voters of the district; or 5% of the registered voters residing within the territory of the city outside the boundaries of said district.

• Petition for a merger of a land owner-voter district of limited powers, which overlaps

a city, or for the establishment of such district as a subsidiary district of such city must be signed by 5% of the number of land owner-voters who own not less than 5% of the assessed value of land within such district; or 5% of the registered voters residing within the territory of such city outside the boundaries of the district.

13.14. Within 10 days after receiving a proposal to form a subsidiary district, the Executive Officer shall notify by certified mail the district or districts, which are the subject of the proposal. Within 35 days after receiving the notice from the Executive Officer, the board of directors of the subject district or districts may adopt a resolution consenting to the subsidiary district proposal, with or without requesting additional terms and conditions; or adopt a resolution of intention to file an alternative proposal to the subsidiary district proposal. Resolutions must be filed with the Executive Officer (§56861). 13.15. If a district files a resolution of intent to file an alternative proposal, the Executive Officer shall take no further action on the original proposal for 70 days. During this period the district shall prepare and submit a completed application for the alternative proposal. A district, which has filed a resolution of intention but has not filed a completed application within the prescribed time, shall be deemed to have consented to the original subsidiary district proposal (§56862).

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13.16. After receiving an alternative proposal, the Executive Officer shall analyze and report on the original and alternative proposal concurrently and schedule the proposals for a simultaneous public hearing (§56862).

13.17. Within 35 days following conclusion of a hearing on an original and alternative proposal to form a subsidiary district, the Commission shall adopt its resolution of determination, disapproving both the original proposal and the alternative proposal, approving the original proposal and the alternative proposal, or approving one proposal and disapproving the other. If both proposals are approved the Board of Supervisors shall be directed to consider and select one, none or both proposals. Any approved proposals shall be considered during conducting authority proceedings (§56863). 13.18. For establishment of a subsidiary district, a noticed protest hearing is required at least 90 days but no more than 135 days after required notice (§57002, §57025). 13.19. Upon conclusion of the hearing, the Executive Officer shall take one of the following actions providing that boundaries have been determined and are included in any order (§57104, §57105, §57106, §57107):

• Order the merger, establishment of a subsidiary district, or both, subject to confirmation by the voters; or

• Order the merger or establishment of a subsidiary district without an election,

provided that both the city council and the district board of directors shall have filed with the Commission at the time of the hearing provided for in §57025 a resolution consenting to the merger or the establishment of the subsidiary district and insufficient requests for election have been received (§57107).

• Forward the proposal to the affected city, and the affected city shall call, hold

and conduct any for an election or elections to be called, held and conducted upon such question or questions only within the district ordered to be merged with or established as a subsidiary district; or within said district and within the territory of said city outside the boundaries of said district. If the proposal is part of an Incorporation, the proposal is forwarded to the principal county and the county shall call, order and conduct the election. (§57108, §57118)

13.110. The election shall be held only within the district if prior to the adoption of a resolution ordering merger or establishment of a subsidiary district a petition is filed and approved which (§57108, §57113, §57114):

• In the case of a registered-voter district, is signed by not less than 10% of the registered voters of the district; or

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• In the case of a land owner-voter district, is signed by not less than 10% of the

number of landowner-voters within the district who also own not less than 10% of the assessed value of land within the district.

13.111. A ballot for merger and establishment of a subsidiary district must permit voters to approve or disapprove both proposals (§57110, §57138). 13.112. After canvassing returns pursuant to §57143, the Executive Officer shall execute a Certificate of Termination of Proceedings (§57179) or execute a Certificate of Completion confirming either the order of a merger or the order for the establishment of a subsidiary district in the following manner (§57177):

• Where the question submitted to the voters was only upon merger or only upon establishment of a subsidiary district, confirming the order if a majority of the votes cast on the question favored the order either at an election called only within the district; or at each election, where one election was called within the district and another election was called within the territory of the city outside the boundaries of the district.

• Where both the question of merger and the question of establishment of a

subsidiary district were submitted to the voters within the district only, and both questions were favored by a majority of the voters, ordering that change of organization favored by the greater number of voters. Where the number of votes was the same on both questions, the merger shall be ordered.

• Where both the question of merger and the question of establishment of a

subsidiary district were submitted at an election called both within the district and at an election within the territory of the city outside the district boundaries, and both questions were favored by a majority of the voters in both areas, that change of organization receiving the greater number of votes in both elections shall be completed. Where the number of votes was the same, or where the question of merger received the greater number of votes in one of the elections, a merger shall be completed.

13.113. If an election fails, LAFCo shall not consider any similar proposal for the new district until two years has passed (§57112). 14.0. Incorporations. Incorporation is the process that shifts local government responsibility for an unincorporated area from a county’s jurisdiction to a new city with corporate powers (§56043). The reasons for incorporation efforts vary. The most common are to improve local public services, capture increased revenues to support local services, give a

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community local control over land use planning, create an accountable local governing body, and pursue local policy goals. The CKH Act has enabled the creation of new cities since its inception. However, until the early nineties, there was no mechanism that ensured that incorporation processes did not provide higher levels of service to residents of a new city by reducing the level or quality of service for residents of unincorporated areas. The CKH Act now requires that incorporations result in a substantially similar transfer of services and responsibilities. Alameda LAFCo’s incorporation process is designed to ensure that the incorporation process produces a cityhood proposal that is financially feasible, fiscally prudent, environmentally sound and responsive to local and regional needs and perspectives. At the same time, incorporation proposals must ensure that service levels and quality are maintained for County residents, and social and environmental conditions in unincorporated areas are not degraded by associated revenue losses. If incorporation proposals cannot meet these tests, LAFCo will not view them favorably. Policies and Standards.

14.11. Incorporation procedures are designed to avoid unnecessary delays and facilitate application processing. 14.12. LAFCo shall request that the County and each affected district provide a single point of contact for day-to-day contacts, proposal notifications, inquiries and mailings. Each entity may provide multiple contacts to receive notices. However, the assigned point of contact will be responsible for disseminating information. 14.13. The proposed city shall be entirely within Alameda County, all parcels must be contiguous, without exclusions (islands) and possess a community identity (§56741, §56742). 14.14. New cities should assume jurisdiction over as many services as feasible. To that end, LAFCo shall consider modifying incorporation proposals and boundaries, where appropriate, to include changes of organizations that transfer services from special districts to the city. An SOI shall be determined for the new city. 14.15. In addition to policies contained in Part II, LAFCo will consider the following when determining final incorporation boundaries, alternatives and SOI lines.

• The need to include a variety of land uses within the proposed city to ensure

a balanced and viable economic base for the new city.

• Existing topographical, geographical and historic characteristics.

• Positive or negative effects on existing communities within, adjacent to or in the project vicinity.

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• The need to maintain the cohesive identity of unincorporated communities,

when appropriate, including appropriate exclusions of territory from a proposed city.

• The need to ensure that a proposal is integrated with existing service

providers to ensure ease and economy of service delivery, and avoid service disruptions.

14.16. LAFCo shall deny an incorporation proposal if (1) there is no demonstrated need for municipal services and controls; and (2) the required cost versus benefits analysis indicates that costs outweigh benefits (§56886.5). 14.17. Revenue Neutrality. LAFCo shall evaluate a proposal’s fiscal impacts and enable the development and adoption of revenue neutrality mitigation terms and conditions based on the following policies, criteria and standards.

• The structure of fiscal and service exchanges shall provide for county financial stability, and maintenance of existing service levels for residents of the unincorporated area, while permitting the incorporation of financially stable communities that desire self-governance.

• LAFCo will work cooperatively with the county and incorporation applicants to

develop mitigation measures that address potential county fiscal damages without making incorporations infeasible for local communities, or precluding an adequate fiscal base for new cities.

• LAFCo shall ensure that no public agency is forced to lower service levels for

residents in the unincorporated area of a county or remainders of a special district’s service area as a result of incorporation. To that end, all agencies whose service responsibility or territory would be changed as a result of the incorporation proposal shall participate in revenue neutrality negotiations to develop mitigation for potential negative fiscal impacts.

• Separate revenue neutrality determinations will be made between the proposed

city and the county and between the proposed city and any affected special district(s).

• Revenue neutrality agreements must ensure that service quality is maintained for

unincorporated area residents, and social and environmental conditions in unincorporated areas are not degraded because of the proposal.

• Financial feasibility studies need to state a projection of costs associated with the

provision of a revenue neutral change of government as cityhood costs. Such costs should be termed “maintenance of existing service levels in unincorporated areas.” The intent is to avoid the perception that the need to protect

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unincorporated area residents is making the proposal infeasible as opposed to being part of the city’s expected financial responsibility.

• A preliminary feasibility analysis is an application requirement and is a

prerequisite for formal initiation of revenue neutrality agreements. The intent is to avoid unnecessary costs derived from the use of incorrect data, faulty data assumptions or an incorrect project description.

• Revenue neutrality discussions should include an assessment of the impacts and

mitigations for potential project alternatives.

• Expenditure and revenue data will be taken from the most recent prior fiscal year preceding incorporation for which data are available.

• Fiscal impacts related to restricted or general fund revenues will be evaluated separately. Surplus or deficit in one revenue fund will not be used to offset a surplus or deficit in the other.

• Functions that are self-supporting, such as application processing and building

inspections, should be identified for planning purposes, but need not be considered in the revenue neutrality agreement.

• All identifiable service related expenditures being transferred to the proposed

city, such as costs for jail bookings and general government services, will be considered in determining revenue neutrality. Losses derived from underutilized infrastructure or loss of economies of scale should be quantified as feasible.

• Mitigation conditions may range from one-time payments to ongoing annual

transfers of revenues or taxes. The mitigation time period proposed in the feasibility study will evaluate any unique circumstances associated with the incorporation. Based on that evaluation, the feasibility study should propose whether mitigation should be based on tax sharing agreements, lump sum payment or payments over a fixed period of time.

• Revenue neutrality payments should not be extended for more than ten years

unless a longer period is clearly justified in the feasibility analysis and revenue neutrality agreement.

• A revenue neutrality agreement shall describe methodologies and assumptions

leading up to recommended terms and conditions and include criteria and a process for modification of the agreement after incorporation.

• Only identifiable and recurring revenues and expenditures should be evaluated

for purposes of determining revenue neutrality. Anticipated or projected revenue growth should not be included.

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• Expenditures for services transferred to a new city should be evaluated on a “net cost” basis.

• Costs of capital improvements are not recurring costs and should not be

included. • Countywide costs of general government, including the Clerk of the Board,

Auditor-Controller, and other administrative government functions which are required to support county governance of both incorporated and unincorporated areas should not be included in defining services or revenues to be transferred to the new city.

• County losses during the transitional period following the effective date of

incorporation should be calculated and mitigated. • Inflationary factors should not be included in the analysis of revenue neutrality

provisions unless the resulting agreement provides for annual adjustment of mitigation payments based on actual data.

• County fees charged for services to other jurisdictions (such as property tax

administration fees) should be considered as off-setting county revenue losses in the calculation of fiscal effects on the county.

14.18. LAFCo shall consider proposal effects on special districts. LAFCo may refer the incorporation to a reorganization committee if the proposal includes, or may be modified to include, the consolidation, dissolution, formation, or merger of a special district or establishment of a subsidiary district, and fiscal, boundary or service quality issues cannot be resolved through negotiations among service providers. 14.19. The Alameda LAFCo may only approve a proposal that includes incorporation if it finds that Alameda County and all of the subject agencies agree to the proposed transfer, or the negative fiscal effect has been adequately mitigated by tax sharing agreements, lump-sum payments, payments over a fixed period of time, or any other terms and conditions (§56815, §56886, §§57300 et sequitur). 14. 110. LAFCo shall contract directly with, and supervise the work of, the consultant that prepares the preliminary feasibility analysis and the Comprehensive Fiscal Analysis. The project applicants are responsible for actual LAFCo and consultant costs.

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Application Requirements. Incorporation proposals are subject to a complex series of statutory requirements designed to ensure that the new city is financially stable and self-sufficient and that the reallocation of local revenues to the new city is equitable and not harmful to unincorporated communities. The incorporation applicants will need to designate in writing the person who will serve as principal contact and the person who is responsible for paying fees. The contact needs to be able to attend pre-submittal and progress meetings. The applicants may change the designated person/s at any time by notifying LAFCo in writing. The incorporation applicants need to provide the following items when submitting an application. The Executive Officer may require additional information as needed to process the incorporation proposal (§56652 (d)(e)). 14. 111. Project Description. The applicants need to prepare a detailed project description. The project description must clearly indicate project boundaries; list every LAFCo change of organization that is required; list all existing and proposed service providers, and contain other information needed to process the application. The project description will be the base for financial and environmental evaluations. 14. 112. Feasibility Study: A preliminary feasibility study is required before revenue neutrality negotiations are formally initiated. Five (5) copies of a draft feasibility study are required as part of the application package. The feasibility study package must include the following information.

14. 112.a. A completed application. Completion of a standard LAFCo application form (See Appendix C and Part II, Section 1.9, Part III, Sections 2.1 and 2.2).

14. 112.b. A brief discussion of the relevant history and characteristics of the proposed incorporation area. 14. 112.c. A plan for providing services to the incorporating area (§56653). The plan must include a description of the local agencies which presently serve the community, the range and level of services currently provided, improvements, upgrades or other conditions the local agency would impose or require, information about methods for financing services, and the increased range and improved level of services potentially available in the community if incorporated (See 2.24 and 2.25).

14. 112.d. A rationale for the proposed city boundaries, and a description of possible boundary alternatives. The rationale for boundaries should include a discussion of the effects of incorporation upon adjacent communities, special districts and the county. While a description of possible boundary options is not mandatory, LAFCo staff will analyze possible boundary alternatives. Most

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incorporation applicants include possible boundary alternatives to ensure to the extent possible that alternatives consistent with incorporation goals are considered. 14. 112.e. A proposed SOI (optional). As with alternate incorporation boundaries, most applicants include a proposed SOI in the incorporation package to ensure that areas, expected to annex in the future, are compatible with their vision of the new city. A proposed SOI may be coterminous with proposed city boundaries. LAFCo staff will independently recommend an SOI. The CKH Act requires that an SOI be adopted within one year of the effective date of incorporation. 14. 112.f. A Service Review (optional). An SOI cannot be created without a review of all services (1) provided in the incorporation area and (2) proposed or required to be provided by the new city (§56430). If the applicants do not provide a service review, LAFCo will cause one to be prepared prior to deeming the project filed. See Part III, Section 18.0 for service review policies, standards and procedures. 14. 112.g. Map and Legal Description of Incorporation and SOI boundaries. It is recommended that the incorporation map & legal description include alternative boundaries and a proposed SOI. Final maps and legal descriptions are developed following LAFCo approval. Incorporation applicants are responsible for the cost of preparing final maps and legal descriptions. (See Appendix C for map and legal description preparation requirements.)

14. 112.h. Fees. During the presubmittal meeting, LAFCo staff will work with applicants to develop a preliminary timeline and cost estimate. LAFCo is permitted to recover all reasonable application processing costs. Incorporation applicants are required to submit a deposit when the application is submitted. The actual costs for processing the application may be higher than the initial deposit. Because the actual costs accrue incrementally, a proposed payment schedule will be developed for each incorporation application linking fee payment to the application processing timeline.

14. 112.i. Comprehensive Fiscal Analysis (CFA). The Executive Officer will prepare, or cause to be prepared by contract, a comprehensive fiscal analysis. Data used in the CFA shall be from the most recent fiscal year (the fiscal year preceding the issuance of the certificate of filing) for which data is available. When requested data are unavailable, the analysis shall document the source and methodology of the data used. or from available supplemental data (§56800, §56665). To be accurate and usable, the CFA must be based on the same project description as the preliminary feasibility analysis, the CEQA document and ultimately the ballot measure. The CFA should evaluate reasonable project alternatives provided by the Executive Officer and project applicant. The CFA shall document the source and methodology used and must include:

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• §56800 requires a forecast of the new city’s revenues and expenditures during the first three full fiscal years following incorporation. However, during the first seven (7) years a new city receives some state subventions based on a formula of three times the number of registered voters. After the seventh year, the distribution of those state subventions changes to a formula based on the actual population of a city. In order to accurately estimate a new city’s long-term financial feasibility, LAFCo requires budget projections for the first full eight (8) years. All expected general fund, gas tax, real estate tax, transient occupancy tax, franchise fees, fees and other revenue, and direct and indirect costs need to be quantified including overhead, one-time costs, deferred maintenance and existing infrastructure needs, general government costs and costs of regional services.

• County and other affected agency costs including (1) all actual or estimated direct

and indirect costs from services associated with current provision of services including those currently provided by local agencies and proposed to be assumed by the new city, the contracting cost of the same service level if applicable, and any administrative savings accruing to current service provider as a result of service transfer; (2) all general fund costs used to support a fee-supported service where costs are not fully recovered through fees, and (3) transfer of services costs that result in an administrative cost reduction to the agency. The direct and indirect costs of state agency services to be assumed by the new city shall also be included. A comparison of service costs to similar cities providing a similar level and range of services shall be made and The Executive Officer shall consider this data when determining reasonable costs to be assumed by the proposed city (§56800).

• City costs shall include a minimum of a 5% reserve or contingency fund.

• Incorporations should not occur primarily for financial reasons and should result in

a similar exchange of both revenue and responsibility for service delivery among affected agencies (§56815). An analysis of potential adverse fiscal impacts upon the county and other agencies and a discussion of revenue neutrality issues and strategies are required. Mitigation measures must be recommended which are expected to neutralize fiscal consequences. Analysis and mitigations shall be consistent with revenue neutrality policies;

• Property tax distribution (§56810 and §56815); and

• Any other information required to make findings pursuant to §56720.

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Procedures. The State OPR has issued draft guidelines for incorporation proceedings.13 LAFCo will use formulae provide in that document as a base for property tax and appropriation limit calculations. Some modifications to certain variables such as net county cost may be necessary based on the specific proposal and county characteristics. 14.113. At least 500 registered voters must reside in an area proposed for incorporation (§56043). Incorporations can be initiated with a petition signed by not less than 25% of the total number of registered voters residing in the area to be incorporated (§56764(a)) or by not less than 25% of the total number of land owners owning property valued at a minimum of 25% of the total assessed value of land in the incorporating area (§56764(b)). Incorporations can also be initiated with a resolution of application of the legislative body of any city, district or county that contains territory within the proposed incorporation boundaries (§56650). 14.114. Application by Resolution. Any affected agency in the area proposed for incorporation may become the applicant by adopting a resolution of application (§56654). In this case, the agency board assumes the leadership role in the complex incorporation process and is responsible for completion of all application requirements including the payment of fees. At least twenty days (20) prior to adoption of the resolution, the agency may give mailed notice to LAFCo and other agencies. The contents of the resolution must include all of the same components as an application petition except for the signature requirements and shall be submitted with a plan for services (§56653). All of the following procedures except those pertaining to signatures apply. 14.115. Initiation by Petition of Registered Voters. Incorporation applicants desiring to initiate action by petition must comply with the following form and process. In addition, a successful petition drive usually requires that applicants: (a) collect at least 10% to 15% more signatures than required in order to compensate for invalid signatures; (b) have each circulator review the proposed incorporation boundary map with each petition signer to confirm residence within the area to reduce the number of invalid signatures; and (c) set a deadline for collection of all petitions to ensure task completion within mandatory legal time limits. The following requirements apply:

• Before circulating a petition, applicants shall file with the LAFCo Executive Officer a “Notice of Intention to Circulate a Petition” (See Exhibit A) that shall include the name, mailing address and signature of a representative of the applicant and a written statement, not to exceed 500 words, setting forth reasons for the proposal (§56700.4(a)). Upon receipt, the Executive Officer will notify affected agencies.

• The text of a petition for city incorporation must include (§56700 et sequitur):

A statement that the proposal is made pursuant to the CKH Act.

13 A copy of the guidelines may be obtained from the OPR web site at www.opr.ca.gov.

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A brief statement of the nature of the proposal and a listing of other concurrent changes of organization.

A map and description of the incorporation boundaries. Proposed terms and conditions. A statement of the reason(s) for the proposed incorporation. A statement as to whether the petition is signed by registered voters or

landowners. The names of the chief petitioners (not to exceed three). A request that further proceedings be taken by LAFCo pursuant to the

provisions cited. A statement of whether the proposed incorporation is consistent with the SOIs

of any affected city or district. The proposed name of the new city (optional). Any provisions for appointment of a city manager and appointment of elected

officials except for city councils members (optional). A location for each signer’s printed name, street address (post office boxes are

not sufficient), signature and the date of signature (§56704). A sample petition is provided as Exhibit D.

14.116. The LAFCo Executive Officer must be notified of the date of the first petition signature in order to establish the total number of registered voters in the proposal area and to establish a numerical signature requirement. 14.117. All signatures must be gathered within a six-month period from the date of the first signature. Incorporation petitions must be submitted to LAFCo for filing within 60 days of the date of the last signature on the petition (§56705). 14.118. Within 30 days after the date the petition is filed with LAFCo, the Executive Officer shall cause the petition to be examined by the county elections official, in accordance with §§9113-9115 of the Elections Code, or county assessor for landowner petitions and shall issue a “Certificate of Sufficiency” or “Notice of Insufficiency” (§56706(a)). 14.119. The County Registrar of Voters examines registered voter petitions to determine the number of required signatures and the number of valid signatures (§56707). The total number of valid signatures necessary to meet the 25% requirement for a petition of registered voters will be established by the registrar of voters as of the date of the last voter registration report prior to the date the first signature on the petition. Landowner petitions are examined by the County Assessor’s Office to determine their validity based on the most recent equalized assessment roll being prepared by the county at the time the agency proponent adopts a resolution of

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application or files a notice of intention to circulate a petition pursuant to §56700.4 (§56708).

14.120. The Registrar of Voters or County Assessor may charge a fee for signature verification. Verification costs are charged in the same manner and to the same agencies that bear costs for verifying initiative petition signatures (§56383(e)). 14.121. If the petition is determined to be insufficient based upon the number of signers, the LAFCo Executive Officer will notify the chief petitioners by certified mail. The applicants have 15 days after the date of this notice to submit a supplemental petition to the LAFCo Executive Officer (§56706(b)(1)). This is the only opportunity to collect additional signatures. 14.122. Within 10 days of the date the supplemental petition is filed, the LAFCo Executive Officer will have the petition examined and certify in writing the result of his/her examination. If the petition is found to be insufficient, it will be filed as a public record “without prejudice” to any future filing (§56709). If sufficient, a Certificate of Sufficiency will be prepared and mailed to the applicant. 14.123. A completed LAFCo application for incorporation must be submitted with the petition or resolution initiating the incorporation proposal. LAFCo staff reviews submitted application materials, conducts its own analyses including the CFA, performs the environmental review, determines the property tax transfer and revenue neutrality amounts, solicits comments and produces a final report with required recommendations. During this process, the submittal of additional information or studies, preparation of a new CFA or CFA revisions may be required. This process can take a year or more especially if procedures are not followed exactly. 14.123.a. Immediately after receiving an application, the Executive Officer shall send notice pursuant to policy 2.33. The notice shall additionally advise affected agencies that they must acknowledge receipt of LAFCO’s request within fifteen (15) days. The Executive Officer must also develop a timeline for data submittal from local and state agencies pursuant to §56658 (b)(2). 14.124. As soon as adequate financial information is available, the Executive Officer will convene a revenue neutrality negotiating committee composed of representatives of the county, other affected agencies, and representatives of the applicants of incorporation. LAFCo staff, and the CFA preparer if different, will attend meetings of this committee in order to facilitate discussions and compliance with this policy. 14.125. The revenue neutrality committee will have up to 90 days to negotiate and propose terms and conditions to meet the requirements of §56845. The effective date of incorporation should be negotiated. The effective date needs to be set to ensure that the new city possesses adequate account balances to fulfill its service responsibilities without exacerbating county financial losses. Any proposals for the

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terms and conditions of revenue neutrality should adhere to the standards for content described in this policy. 14.126. After the revenue neutrality committee has completed its work, or the end of the 90 day negotiating period, the Board of Supervisors, and any other participating Boards, will adopt a Resolution of Agreement, and the applicants will provide a letter of agreement to the proposed terms and conditions. The Executive Officer will certify that agreement about the revenue neutrality terms and conditions has been reached or has not been reached. 14.127. If agreement to proposed terms and conditions for revenue neutrality does not occur within the 90-day negotiating period, LAFCo staff will draft proposed terms and conditions for use in the CFA and for recommendation to the Commission at its public hearing 14.128. When the CFA is completed, the Executive Officer will notify all interested parties that it is available for public review by publishing notice in a newspaper of general circulation serving the proposed incorporation area and by mailing notice to all affected agencies, the chief proponents and all persons who have filed a written request for notification. The notice shall specify the locations where the fiscal analysis can be reviewed and the time period in which the Controller’s review can be requested. 14.129. Not less than 30 days following notice that the CFA is available, any interested party may request that the State Controller’s Office review it (§56801). A request for a Controller’s review shall specify, in writing, the elements of the fiscal analysis, which the Controller is requested to review and the reasons for requesting the review. The request must include the LAFCo processing fee plus a deposit of $5,000, that will be credited toward the total costs of the Controller’s review. The Executive Officer will contract with the Controller for review of the CFA. Prior to executing the contract, the party requesting the review will pay LAFCo for the remainder of the State Controller and LAFCo staff review costs. If the Controller notifies LAFCo that it expects to exceed the estimated cost, the party requesting the review will be required to pay the additional amount before the Controller proceeds with the related work. 14.130. Within 45 days of receiving the request, the Controller shall issue a report. Time limits imposed upon the LAFCo process shall be tolled while the Controller completes the report (§56801(c)). 14.131. When an application for incorporation is deemed complete, the LAFCo Executive Officer will issue a certificate of filing, specifying the date of the commencement of LAFCo hearings on the proposal. The public hearing must be set within 90 days of the issuance of the certificate of filing. Staff will also finalize analysis of the proposal. 14.132. The CFA must be completed and distributed not less than twenty-one prior to the public hearing. The report will be provided to the principal petitioners and/or

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officers designated in the application, each agency whose boundaries or SOI would be affected by the incorporation and all other parties filing written request for notice. 14.133. The Executive Officer shall prepare a report on the incorporation proposal and make the report available at least five days prior to hearing. The report shall, at a minimum, include and analyze the following items (§56665):

14.133.a. The Incorporation Boundaries (§56375). An analysis of proposed and alternative boundaries, and a recommended SOI or timetable for determining SOI.

14.133.b. A Plan for Services.

14.133.c. The Comprehensive Fiscal Analysis. This includes LAFCo and State Controller’s analyses if any.

14.133.d. Recommended Terms and Conditions. LAFCO may either adopt conditions listed in §§57835-57383 or §56886. Terms and conditions may include, but are not limited to, the following (§56886):

• Continuation of services following incorporation. • Payments and taxes required by changes in service responsibilities or for

revenue neutrality. • Disposition of money, property and rights of use, such as water or utility

capacity rights. • Disposition of special district responsibilities, district governing boards and

employees. • The effective date of incorporation. • Continuation of fees and charges, and prior conditions of approval for

certain proposals. • Imposition of special and general taxes

14.133.e. Environmental Determination and Analysis.

14.133.f. Property Tax Distribution. The task of calculating the property tax transfer is generally performed as part of the CFA (§56810, §56815). The intent is for agencies to transfer revenues to the new city in proportion to the service responsibilities or expenditures required to provide those services. 14.133.g. Provisional Appropriations Limit Determinations. An interim appropriations limit or “spending ceiling” for the new city will be established as required by Article XIIIB of the California Constitution. The initial appropriations limit is calculated in the manner described in §56812. Permanent appropriations limits are set at the first municipal election following the first full fiscal year of operation and shall not be considered a change in the appropriations limit.

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14.134. LAFCo considers the staff report, and any written comments and testimony at the hearing. The Commission may continue the hearing (not more than 70 days) or close the public hearing and act on the proposal. Prior to a continuing a hearing, LAFCo shall allow the chief petitioners to describe any potential impacts or hardships that such continuance may cause and LAFCo shall consider those impacts prior to continuance. (§56666). 14.135. LAFCo may approve, deny, or modify and approve the incorporation proposal and may require terms and conditions. Terms must may provide that changes to utility customer accounts be made within 90 days of the effective date of incorporation. LAFCo may determine final boundaries, establish governmental structure, determine base property tax and provisional appropriations limit, adopt mitigation measures, set an effective date for the incorporation, and adopt an SOI. LAFCo must adopt a resolution of determination within 35 days of the close of the hearing. If LAFCo denies the proposed incorporation, no similar application can be filed for at least one year unless LAFCo waives that prohibition. None of the terms and conditions shall modify water related requirements established by a court or ordered by the State Water Resources Control Board. (§56426.5, §56810, §56812, §56815, §56880, §56884, §56886, §57202). 14.136. A resolution of approval must include a findings and determinations addressing specified incorporation issues including (§56665, §56720, §56800).

• Consistency with the letter and intent of the CKH Act. • Consistency with the SOIs of all affected local agencies. • Conclusions and findings in the CFA and related Controller's report, if applicable.

If the proposed incorporation is not revenue neutral, that affected agencies agree to the condition or adequate mitigation exists (§56815).

• Acceptance or rejections of the Executive Officer's recommendations or conclusions, and consideration of testimony presented at the public hearing.

• Expected revenues, and the ability to fund public services and maintain a reasonable reserve during the three fiscal years following incorporation.

14.137. Political expenditures in support or opposition of the proposal will be subject to the same disclosures as local initiatives to be presented to the electorate (§56700.1). 14.138. If the incorporation is approved, the Executive Officer, or Commission at its discretion, will administer conducting authority protest proceedings and hearings. Within 35 days of LAFCo’s adoption of its resolution of approval, the Commission Clerk issues a “Notice of Hearing” scheduling the date for a protest hearing. The notice is published in a newspaper of general circulation in the incorporating area. The applicants (and others requesting notice) also receive the notice by mail. The purpose of the hearing is to collect and count written protests from registered voters residing within the incorporation area. The conducting authority hearing must be scheduled within 15 days of adopting determinations, and for the next regularly scheduled

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meeting for which proper notice can be given (§57002). must take place not less than 15 days from the date the notice was issued but may be continued for up to 60 days 14.139. Written protests submitted at the protest hearing will be verified by the County Registrar of Voters and tabulated. The conducting authority will, within 30 days of the hearing; (1) terminate the proceedings if more than 50% of the registered voters residing in the incorporation area submit written protest; or (2) order an election on the question of incorporation if written protest is submitted by less than 50% of registered voters residing in the incorporation area (§57077, §57078, §57116). If proceedings are terminated by majority protest or by the voters, no substantially similar proposal for the same territory may be filed within two years of the date of adoption of the resolution terminating proceedings (§57090). 14.140. The incorporation proposal is placed on the ballot for voter approval at the next available general election. If the incorporation is successful, the new city will be liable for payment of election costs. If voters reject the incorporation, the county absorbs the election costs (§57150(b)). If incorporation applicants request an earlier election than the next general election, they will be required to reimburse the County for the costs of the special election. 14.141. The LAFCo Executive Officer must draft an impartial analysis of the incorporation issue for inclusion in the incorporation ballot. The Commission may review the text of the impartial analysis and approve or modify it. The analysis must be submitted to the officials conducting the election not later than the last day for submitting rebuttal arguments (§56898). 14.142. The ballot will include approval or disapproval of the proposed city and an appropriations limit. The ballot may also include selection of the city’s name and city council members, whether the number of city councils members shall be five or seven and whether subsequent city council elections shall be by district or at-large. A simple majority vote is required to approve the incorporation. If approved by voters, the incorporation becomes effective on the date determined by LAFCo (§56723, §56724). 14.143. Following the vote, the County Board of Supervisors will certify the election results by adoption of a resolution and forward a copy to LAFCo. The Executive Officer will then prepare a Certificate of Completion and Statement of Boundary Change that indicate the effective date or a Certificate of Termination of Proceedings (§57178, §57179). 14.144. The Executive Officer will arrange for recordation by the County Recorder. The Executive Officer will file incorporation completion documents with appropriate State agencies and affected county departments (§§57200-204). 14.145. On the effective date following approval by the voters, the five (5) people receiving the highest number of votes are sworn in as the new city council. The three

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(3) persons receiving the lowest number of votes serve until the next general election and the two (2) persons receiving the highest number of votes serve until the second general election. The new city council begins to organize the new city’s administrative structure at their first meeting by adopting existing county ordinances. These ordinances remain in place for at least 120 days following incorporation or until the new city council adopts ordinances superseding the county ordinances, whichever occurs first. (§57375, §57376, §57377, §57378, §57379, §56727, §57380) 14.146. Generally a new city provides no direct services during the transition period between the effective date and July 1 of the first fiscal year following the effective date. The County continues to provide municipal services during the transition year to provide time for the new city to prepare for service responsibility before beginning of its first full fiscal year. A new city, at its own cost, may opt to assume responsibility for services at any time during the transition year. At the end of the transition year, the new city begins to provide the services that it is authorized to provide. At that time, the responsibility for service transfers from the County to the new city. (§57384, §57385) 15.0. City Consolidation and Disincorporation. A Consolidation is the unification of two or more cities in the same county into a single new successor city (§56030). A Disincorporation is the dissolution, extinguishment, and termination of a city, and the cessation of its corporate powers (§56034). Policies: 15.11. LAFCo should consider and approve consolidations or disincorporations when the conclusions of special studies or service reviews indicate that reorganization would result in improved service provision at the same or lower cost. 15.12. The effects of city consolidations or disincorporations as codified in §§57400-57425, §§57475-57483) shall be considered during deliberations on the proposal. 15.13. LAFCo shall consider a proposed consolidation or disincorporation at a noticed public hearing. 15.14. If an election is ordered, the successor agency shall bear all election costs unless an alternate agreement is reached between the applicants and LAFCo or the election fails (§57150). 15.15. LAFCo shall approve, or conditionally approve, a consolidation initiated by substantially similar resolutions of agencies proposed to be consolidated. The Commission may adopt terms and conditions for approval. However, LAFCo will not make any material changes to terms and conditions contained in such resolutions

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without providing a 30-day notice to the applicants (§56853). In such cases, the consolidation shall be ordered without election. Procedures: 15.16. Proceedings for consolidation or disincorporation can be initiated by petition, or by resolution of an affected local agency. 15.17. A petition for the disincorporation of a city shall be signed by not less than 25% of the registered voters residing in the city proposed to be disincorporated (§56765). 15.18. A petition for consolidation of two or more cities must be signed by not less than 5% of the registered voters in each city (§56766). 15.19. A resolution ordering a city consolidation subject to an election shall provide for the election of officers for the successor city, and state that the voters may express a name preference for the successor city (§57117). 15.110. Proceedings must be terminated if a majority protest exists (§57078), or if a majority of favorable votes were not cast in each city proposed to be consolidated (§57177.5). 16.0. Reorganization and Special Reorganization Procedures. Reorganizations are change of government proposals, which combine two or more changes of organization in a single proposal (§56073). Special reorganizations are reorganizations that include the detachment of territory from a city or city and county and its incorporation (§56075.5). 16.11. Reorganizations may be initiated by petition, by resolution of the governing body of an affected local agency or by LAFCo (§56375). 16.12. Petitions for reorganization must comply with the applicable signature requirements for each of the various changes of organization proposed in the petition (§56864.1) except for incorporations and district formations. (See policies and procedures for specific and general proceedings for more detailed information.) 16.13. Special reorganization proceedings shall be conducted in accordance with the procedures otherwise prescribed for city incorporation proceedings including §56720, §56800, §56810, §56815, and §57119 except that elections:

• May not be held less than 88 days following resolution of election (§57132.5); • Must be held in the territory ordered to be detached and the entire territory of the

affected city (§57119); and

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• Succeed only if a majority in each area approves the proposal (§57176.1).

17.0. Spheres of Influence. §56425 requires that LAFCos establish and maintain SOIs for local agencies under its jurisdiction. An SOI is defined by statute as a plan for the probable physical boundary and service area of a local government agency as determined by the commission (§56076). SOIs include policies that affect the pattern and timing of growth within the planning area. The SOI does not necessarily indicate a precise time frame for expansion of a city or district. However, local conditions and circumstances that may affect future annexations are generally described and analyzed. An SOI is important because it defines the primary area where urban development is encouraged. The California Attorney General opined that SOIs should "serve like general plans, (and) serve as an essential planning tool to combat urban sprawl and provide well planned efficient urban development patterns, giving appropriate consideration to preserving prime agricultural and other open-space lands" (60 Ops. Cal. Atty. Gen. 118 1977). The California Court of Appeals has previously held that SOIs must be adopted before an annexation to the affected city or district can be considered (Resources Defense Fund v. LAFCo (1983) 138 Cal.App.3d 987). If adopted and amended consistent with the CKH Act, an SOI can be used to:

• Promote orderly urban development in areas adjacent to a city or district using local

government and ABAG projections to ascertain the status and appropriate direction of orderly development;

• Promote cooperative planning efforts between cities, the county, and special

districts through reconciliation of incompatible General and Master Service Plans, the transfer of implementation programs contained in respective plans, coordination of property development standards and timely urbanization with adequate provision of essential services;

• Serve as a master plan for the future organization of local government within a

county by (1) providing long range guidelines for the efficient provision of services to the public, (2) shaping logical government units that provide services in the most economical manner and are able to finance the required services; and (3) avoiding unnecessary and expensive duplication of services or facilities;

• Provide property owners with an understanding of the ultimate use and

development potential of their land;

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• Guide Commission consideration of individual proposals for changes of organization, and initiation of specific reorganization studies and related reorganization proposals.

Policies and Criteria. 17.11. LAFCo shall create and update SOIs working in cooperation with affected agencies and communities. 17.12. Each adopted SOI will be reviewed, as necessary, but not less than every five years following determination or initial review of an original SOI (§56425). After initial review, the Executive Officer will recommend that LAFCo either: (1) proceed with an SOI update study or; (2) affirm the existing SOI. 17.13. A service review of all municipal services pertaining to the subject SOI will be prepared prior to, or in conjunction with, each SOI update (§56430) or substantial amendment unless the Commission determines that a prior service review is still adequate. (See service review policies and procedures, Part III, Section 18.0). 17.14. A substantial SOI amendment is an amendment that causes the SOI to be internally inconsistent, is inconsistent with provisions of the CKH Act, has the potential to cause significant adverse social, economic, environmental or other consequences, or has substantial adverse regional planning implications. Substantial SOI amendments shall not be processed until service reviews are completed (§56430) and the subject SOI is updated consistent with §56425. 17.15. A substantial SOI amendment may be processed concurrently with a service review and incorporated into an SOI update. However, LAFCos will make service review and SOI update determinations and enact SOI policies prior to considering a substantial SOI amendment. 17.16. If an SOI has been recently updated, SOI amendments should be discouraged unless an adverse public health or safety impact may be avoided or remediated, a consolidation is requested by two or more agencies, or the applicant demonstrates that substantial changes in conditions since the SOI was adopted justify an amendment. 17.17. Agencies will be notified of the pending review of their SOI and will be encouraged to participate actively in any restudy efforts deemed necessary by the Commission. 17.18. LAFCo will make every attempt to amicably resolve SOI issues and boundary disputes through dialogue with affected agencies and communities. 17.19. Inclusion within an agency's SOI does not assure annexation to that agency.

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17.110. LAFCo determinations shall be consistent with the SOIs of the local agencies affected by that determination (§56375.5). 17.111. Before making SOI determinations, the Commission will review and consider the following (§56425, § 56425.5) :

• The service capacity, levels and types of services currently provided by the agency and the areas where these services are provided, topographic factors, financial capabilities, costs of service, and social and economic interdependencies;

• Existing and planned land uses and land use policies including consistency with

county and city general plans, regional and state plans and special district master service plans;

• Projected growth in the affected area, and potential effects on agricultural and

open space lands;

• A description of the services that will be provided to any areas which may be added to the SOI and the timing and method for funding expansion of facilities or services;

• An analysis of the effects a proposed SOI may have on other agencies and their

service capabilities including improved or diminished service levels, potential duplication of services and underutilization of public infrastructure due to ineffective planning;

• The opportunity for infill development of incorporated vacant lands located

adjacent to or within already developed areas rather than SOI expansions; and

• The potential for political and functional consolidations or other reorganizations when boundaries divide communities.

• The location or use of sewerage facilities, either developed or planned, police and

fire protection service, waste disposal, provision of water transmission mains, water supply either planned or developed, parks and recreation services, compatible street circulation, economic and social relationships, geographic or natural topographic features such as rivers, ridge lines, and ravines, and man-made barriers, such as freeways, major streets, and railroads.

17.112. When determining which local agency should provide services, considerable weight will be given to an agency’s ability and willingness to provide services. When more than one agency can serve an area, LAFCo shall also consider the conclusions of service reviews, each agency's service capacity, financial capabilities and costs of service, social and economic interdependencies, topographic, historic and

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environmental factors, input from affected communities and agencies, and pertinent LAFCo policies. 17.113. SOIs for cities and districts shall be used to promote the long-term preservation and protection of the County's agricultural and open space resources. LAFCos shall not include territory in an SOI if:

• It is not included in the land use element of a General Plan; • There is no compelling evidence that services will need to be provided within the

next 10 to 15 years; • There is insufficient information to enable the commission to make

determinations required in §56425; or • The territory is included in the SOI of another agency more capable of providing

services. 17.114. If a special district provides services that will ultimately be provided by another agency, it will be assigned a zero SOI (no territory is included), and recommended for future reorganization. 17.115. LAFCo may approve a coterminous SOI (service and SOI boundaries are the same) if the agency is not expected to provide services outside its boundaries. 17.116. LAFCo shall not amend an SOI to include land subject to a California Land Conservation (Williamson) Act contract if the agency provides or will provide public services or facilities not needed for land uses permitted under the contract unless it finds that:

• The change would facilitate planned, orderly and efficient land use patterns or service provision and the benefits substantially outweigh costs associated with potential agricultural land losses; or

• The change is not likely to adversely affect contract continuance beyond it expiration date.

17.117. Prior to including land subject to a Williamson Act contract within the

SOI of a service provider, LAFCo shall consider:

• Policies and implementation measures of contract administrators that ensure the continuance of agriculture and other uses permitted under the contract;

• The infrastructure plans of the agency whose SOI is proposed to include such land; and

• Other factors LAFCo deems necessary to render an informed and prudent decision and preserve agricultural land to the maximum extent feasible and appropriate.

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17.118. LAFCo shall enact policies designed to promote the logical and orderly development of areas within the SOI of each local governmental agency. Before LAFCo determines new city SOIs, or updates existing city SOIs, city and county representatives shall meet, discuss a proposed SOI and its boundaries, and explore methods to reach agreement on boundaries, development standards, and zoning requirements. An agreement must ensure that development within the SOI reflects city and county needs and concerns, especially agricultural land conservation, and promotes the logical and orderly development of areas within the SOI. LAFCO shall give great weight to the city/county agreements and cities and the County will be encouraged to incorporate SOI policies into their respective General Plans as described in Section 56425. Procedures. 17.119. LAFCo shall prioritize pending or anticipated SOI actions and related services reviews, and consider preliminary work plans as part of its annual work plan and budget hearing processes. The Commission will also need to initiate related service reviews. If an SOI is not considered during budget hearings, LAFCo will consider it at a later meeting. The Commission may also need to review or approve final SOI work plans and other processing recommendations. 17.120. Agencies will be asked to participate in an SOI scoping session and complete SOI/service review questionnaires relating to its services and plans. The Agency will be required to complete and submit questionnaires within 90 days. Failure to respond within 90 days may be regarded as concurrence with Executive Officer recommendations. 17.121. Special districts shall provide written statements specifying the functions or classes of service provided by those districts (§56425(h)(1)).

17.122. The Executive Officer will conduct any other necessary scoping meetings, prepare a mailing list, develop and implement approved work plans, and undertake appropriate analysis. 17.123. The Executive Officer will provide a copy of its draft SOI to the affected agency and provide at least 30 days for review and comment. After comments are received and considered, the Executive Officer shall finalize the recommended SOI, and issue a staff report with recommendations. 17.124. LAFCo shall hear and consider the SOI, and related service reviews if any, at a noticed public hearing. Notice shall be provided at least 21 days prior to the hearing. 17.125. Any SOI resolution of determinations shall include a statement with respect to each of the following:

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• The present and planned land uses in the area, including agricultural and open-space lands.

• The present and probable need for public facilities and services in the area.

• The present capacity of public facilities and adequacy of public services that the

agency provides or is authorized to provide.

• The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency.

• The existence of agricultural preserves or other important agricultural or open

space land in the area which could be considered within an agency's SOI, and the effect on maintaining the physical and economic integrity of such resources in the event that such resources are within a SOI of a local governmental agency.

17.126 When creating, updating or affirming a special district SOI, LAFCo shall also

establish the nature, location, and extent of any functions or classes of service provided by existing districts (§56425(h)(2)), and determine that, except as otherwise authorized by the regulations, no new or different function or class of service shall be provided by the district, except upon approval by the commission (§56425(h)(3)). 17.127. Copies of adopted SOIs will be provided to all affected or interested agencies. 18.0. Service Reviews. Policies and Standards. 18.11. LAFCo shall conduct a service review of all municipal services provided in the county or other appropriate designated area. LAFCo shall include in the area designated for service review the county, the region, the sub-region, or other geographic area that makes sense from a public service provision standpoint. 18.12. LAFCo shall comprehensively review all of the agencies and private entities that provide the identified service or services within the designated area. 18.13. LAFCo shall complete service reviews for all municipal services provided by agencies with SOIs by January 1, 2006. After that date, service reviews shall be completed as necessary concurrent with SOI formations, updates, or substantial amendments. 18.14. LAFCo shall utilize service reviews to:

• Promote orderly growth and development in appropriate areas with consideration of service feasibility, service costs that affect housing affordability,

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environmental justice, and preservation of open space, important agricultural land and finite natural resources; and

• Encourage infill development and direct growth to areas planned for growth in

General Plans;

• Learn about service issues and needs and update service provider records; • Provide tools to support perspectives or planning efforts that address regional,

cross county or statewide issues and processes; • Develop a structure for dialogue among agencies that provide services and a

support network for smaller or ill funded districts that provide valuable services; • Develop strategies to avoid unnecessary costs, eliminate waste, and improve

public service provision while planning for provision of high quality infrastructure needed to support healthy growth; and

• Provide ideas about opportunities to streamline service provision through use of

shared facilities, approval of different or modified government structures, joint service agreements, shared resource acquisition, joint funding requests or strategies, or integrated land use planning and service delivery programs.

18.15. Service reviews do not replace designations or updates of SOIs, but should be conducted in the establishment or amendment of any SOIs. 18.16. LAFCo will attempt to minimize the number of required service reviews by clustering services or agencies as feasible and appropriate. 18.17. LAFCo shall work to streamline service review processes by (1) integrating SOI proposal processing and related CEQA processes with service reviews; (2) placing high priority on reviews of services affected by pending or anticipated proposals; (3) working with city and county planners to identify areas where the short-term conduct of service reviews is needed to support orderly growth and development; and (4) requesting that technical information needed for service reviews be included in the General, Specific and Master Service Plans of land use agencies and special districts. 18.18. LAFCo shall use existing information resources, technical support from the county, cities and special districts when available, staging or tiering of reviews, and similar strategies to reduce service review processing costs and timelines. The intent is to avoid unnecessary processing costs and processing time while producing high quality technical reviews. 18.19. LAFCo shall encourage collaboration, cooperation and information sharing among service review stakeholders including participation in project scoping, designing the service review, negotiating funding strategies, developing information needs

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assessment and collection strategies, sharing Best Practices, identifying applicable industry standards, selecting consultants if appropriate, and evaluating technical drafts. 18.110. Service reviews shall include evaluations of issued related to activated and latent powers. 18.111. LAFCo shall encourage private service providers to fully participate in service review processes. 18. 112. Service review boundaries may need to cross county lines in order to provide the best analysis of multi-agency service structures. In the case of Alameda and Contra Costa Counties, the Ad Hoc Joint Commission will be asked to consider and appoint the appropriate LAFCo to lead the effort. If an inter-LAFCo agreement is not available, LAFCo will work with affected LAFCos to create a joint decision making process. 18.113. To augment technical capabilities of agencies involved in service reviews, LAFCo should utilize mentor LAFCo resources as feasible and encourage cities, special districts and the county to develop methods for providing technical assistance to smaller cities and districts that need to be reviewed. 18.114. LAFCo shall independently review and verify service review information compiled by other agencies. Appropriate local, state and industry standards, identified during the scoping process, will be used to support analysis of technical data and conditions. 18.115. Service reviews shall contain conclusions and recommendations for SOI or government structure changes needed to implement positive service changes. Procedures. 18.116. LAFCo shall prioritize service reviews, provide preliminary work plans including stakeholder lists and identify funding resources as part of its annual work plan and budget hearing processes. If a service review is not considered during budget hearings, LAFCo will review and approve its preparation at a later meeting. 18.117. The Executive Officer will conduct scoping meetings, prepare a mailing list, develop and implement final work plans consistent with LAFCo’s recommendations, and prepare and issue a draft service review. The State OPR Service Review Guidelines will be used as a resource for these efforts. 18.118. The Commission may need to consider final service review work plans and other processing recommendations if necessary and at regularly scheduled meetings. The Commission may also be asked to initiate related SOI updates as appropriate.

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18.119. Collaborative meetings will be conducted if needed. An administrative draft service review may be circulated to encourage technical review of service review data and analysis. 18.120. The Executive Officer will issue a draft service review report, which includes service review conclusions and recommendations, and draft recommendations for required written determinations. Written or electronic notice will be provided to any party on the service review mailing list. A 21-day public review period will be provided. 18.121. The Executive Officer will prepare a staff report with recommendations. 18.122. LAFCo shall hear and consider the draft service review report and recommendations at a noticed public hearing. At the hearing, the Commission may (1) find that the draft service review report is adequate and final, approve appropriate recommendations and adopt written determinations; (2) direct staff to address comments and concerns and prepare a final service review report; or (3) continue the hearing. 18.123. LAFCo shall adopt a written statement of its determination with respect to each of the following:

• Infrastructure needs or deficiencies; • Growth and population projections for the affected area; • Financing constraints and opportunities; • Cost avoidance opportunities; • Opportunities for rate restructuring; • Opportunities for shared facilities; • Government structure options, including advantages and disadvantages of

consolidation or reorganization of service providers; • Evaluation of management efficiencies; and • Local accountability and governance.

18.124. A draft service review will be considered final if no substantive comments are received prior to the end of the hearing and LAFCo determines it satisfactory. 18.125. LAFCo may consider SOI actions that are based on an approved service review immediately after adoption of written determinations. Such action should be delayed if imminent requests for reconsideration are expected. 18.126. A request for reconsideration may be filed pursuant to policies and procedures contained in Part III, Section 2.5.

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19.0. LAFCo Initiated Special District Studies and Proposals. About Special Districts in Alameda County. There are 15 independent special districts and 28 dependent special districts subject to Alameda LAFCo jurisdiction. Fifty (50) other special districts, such as joint powers authorities, are not subject to Alameda LAFCo jurisdiction. Independent. Community Services: Dublin San Ramon Services District (multi-county) Fire Protection: Fairview Fire District Health Care: City of Alameda Health Care District Eden Township Health Care District Washington Township Health Care District Mosquito: Alameda County Mosquito Abatement District Municipal Utility: East Bay Municipal Utility District (multi-county) Recreation and Parks: Hayward Area Recreation & Park District Livermore Area Recreation & Parks District East Bay Regional Park District (multi-county) Resource Conservation: Alameda County Resource Conservation District Sanitary: Castro Valley Sanitary District Oro Loma Sanitary District Union Sanitary District Water: Alameda County Water District Dependent. Dependent special districts under jurisdiction of the Alameda County Board of Supervisors as of December 2001 are: Curbside Recycling Services: One County Service Area Extended Police Protection: One County Service Area; Fire: The Alameda County Fire Department; Flood Control: Twelve Flood Control Districts; Health : Two emergency medical services/vector control districts; Lead Abatement: One County Service Area Library: One County Service Area Public Works: Nine County Service Areas for bridges, street lighting, roads and sewer §56375 authorizes the Commission to initiate special district consolidations, dissolutions, establishments of city subsidiary districts, mergers, or reorganizations. Proposals initiated

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by the Commission are required to be consistent with recommendations of an SOI study conducted pursuant to §56425, a municipal service review conducted pursuant to §56430, or a government study performed pursuant to §56378. Policies. 19.11. LAFCo should initiate proposals recommended in service review, SOI, or reorganization committee studies. However, it is preferred that proposals be initiated by petition or proposal of affected citizens or agencies. 19.12. LAFCo should conduct SOI updates, service review studies, or other special studies needed to justify LAFCo initiated proposals, if requested by public agencies, interest groups or individuals, and evidence indicates that such study is needed. 19.13. Additional factors to be considered in determining whether the Commission will initiate a proposal shall include, but not be limited to, the following:

• Public concerns have been expressed regarding a district's services or governance that, in the view of the Commission, warrants proposal initiation.

• Boundaries of existing agencies artificially divide a community of interest or overlap

different communities of interest.

• An appropriate successor agency or agencies is available to assume service responsibilities.

• The Commission can complete the necessary review, analysis, and processing with

its own staff resources, funds which are available from the successor agency or other sources to pay for the additional assistance needed for proposal processing.

• The district is no longer providing services.

19.14. LAFCo shall identify funds for conducting reorganization or SOI studies in cooperation with affected agencies. 19.15. No proposal shall be approved unless the Commission finds that:

• Service costs are likely to be less than or substantially similar to the costs of alternative means of providing the service;

• The proposal promotes public access and accountability for community needs and

financial resources (§56881);

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• The proposal furthers service provision that most effectively provides citizens with programs and services that they need and desire; and

• The proposal is consistent with the determinations of related service reviews

19.16. A study may include analysis of any issues considered during service reviews, including but not limited to:

• Potential benefits to the stakeholder(s) such as reduced cost, better or new service, expanded service area;

• Boundary locations and issues including elimination of overlapping or confusing

boundaries, relationship to geography, topography and planned urbanization, and which agencies and services are affected;

• Functions, classes or types of services, single or multi-purpose service provider

and opportunities for expanded services; • District’s purpose and objectives and assessment of status; • Justifications for consolidation; • Management, operations, budget processes and infrastructure; • Costs of providing the service in terms of labor, overhead, indirect costs,

retirement funding, debt service, insurance and other expenses; • Personnel issues and considerations such as integration of employees, layoffs or

attrition, retirement funding, claims, wages, training and fringe benefits; • Short and long term revenue forecasts related to type and source of funding

(grants, enterprise or non-enterprise funds, user fees, property tax allocations); and • Technical and infrastructure characteristics and needs (geography or topography,

specialized equipment, technology, condition of infrastructure, condition and use of facilities, land and easements, buildings, equipment or rolling stock).

Procedures. 19.17. Any regular or alternate member of LAFCo, any governmental or non-governmental entity or any individual who is a resident of Alameda County may request that LAFCo initiate a proposal. A request shall be submitted in writing to the Executive Officer. It shall state the nature of the request and provide sufficient detail to support the request.

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19.18. Upon receipt of such request, the Executive Officer will schedule consideration of the request within sixty days and notify all affected agencies of the hearing time and location. 19.19. Prior to the Commission meeting, a meeting will be held with affected agency managers for the purpose of determining whether or not agencies included in the proposal wish to prepare an application package including a preliminary assessment on proposal feasibility. The assessment would contain data, analysis and recommendations; include an identification of core issues; positive and negative service delivery and cost impacts; problems to be solved; and other possible alternative reorganization options, if any. The determinations of an up-to-date service review may be substituted for additional studies if they adequately address all identified issues. 19.110. At the public meeting, the Commission will consider any agency-submitted reports or recommendations, studies that may already have been prepared by LAFCo (§56378, §56425, §56430) or a reorganization committee (§56837), and the staff report which may include, to the extent possible, potential service cost savings and a summary of other factors which warrant consideration. The Commission shall provide an opportunity for both applicants and opponents of the request to provide oral and written testimony. The Commission may:

• Grant the request and adopt a Resolution setting forth the purpose, scope and parameters of any required study; or

• Continue the hearing or refer the proposal to a reorganization committee as

provided for in §56837 or to an advisory committee composed of a representative from each affected district and any additional representatives the Commission deems appropriate for a report and recommendation; or

• Deny the proposal. If the request is denied, the matter shall not be reconsidered by

the Commission for a period of one year. 19.111. At a noticed public hearing, the Commission shall consider the study report and recommendation(s) on the proposal. The Commission shall consider the Executive Officer's report, the report of any reorganization or advisory committee, and comments of affected agencies and the public. 19.112. A resolution of approval must include the determinations that the public service costs are likely to be less than or substantially similar to the costs of alternative means of providing the service; and the proposal promotes public access and accountability for community services needs and financial resources (§56881).

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19.113. A vote is required if a sufficient number of registered voters or landowner voters petition for it (10-25% signature requirement) (§57113). 19.114. If the proposal is disapproved, no similar proposal involving the same or substantially the same territory shall be initiated for a period of one (1) year from the date of Commission adoption of the resolution. The Commission may waive this limitation if changes or circumstances warrant reconsideration. 20.0. Out of Agency Contracts. A city or special district must receive Commission approval prior to providing a new or extended service beyond its jurisdictional boundary through out-of-area agreements or contracts (§56133). This provision is intended to prevent agencies from bypassing CKH Act provisions. Approval of out-of-agency agreements is a discretionary action that is subject to CEQA and must be processed consistent with LAFCo’s adopted CEQA procedures. Exemptions: §56133 does not apply to contracts involving two or more public agencies if the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider. It does not apply to contracts for the transfer of non-potable or non-treated water. It does not apply to contracts solely involving the provision of surplus water to agricultural lands for projects that serve conservation purposes, or that directly support agricultural industries. However, if the surplus water would support or induce development, the city or district would have to obtain approval from the Commission prior to extending the service. Policies. 20.11. LAFCo will encourage jurisdictional changes rather than out-of-agency contracts if territory is within a city or district's SOI and can be efficiently served by the agency. 20.12. LAFCo delegates approval of out-of-agency contracts for temporary services to the Executive Officer if there is a health and safety violation. 20.13. LAFCo shall only authorize a city or district to provide new or extended services outside its jurisdictional boundaries and SOI if an existing or pending public health and safety threat exists and:

• Documentation of the public health and safety threat is provided; and

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• Any alternative service providers have been notified of the pending request (§56133) and are unable or unwilling to provide service.

Procedures: 20.14. Only the city or district that is intending to provide or receive service may request approval of out-of-agency contracts (§56133). 20.15. After an application is deemed complete and acceptable for filing, the Executive Officer shall schedule a hearing and provide notice. The hearing must occur no more than 90 days after the application is deemed complete. 20.16. The Executive Officer shall approve, disapprove, approve with conditions or continue the matter for up to 30 days. 20.17. An applicant may request reconsideration, citing the reasons for reconsideration. LAFCo shall hear requested reconsiderations. 21.0. CEQA Procedures. Detailed CEQA procedures have been adopted and published separately. A copy may be obtained at the LAFCo office. 22.0. Inter-LAFCo Coordination and Agreements. The purpose of this multi-county LAFCo procedure is establishment of a cooperative, interactive framework for the processing of multi-county sphere of influence, change of organization or reorganization proposals pursuant to the authority of the Cortese-Knox Act. Specifically, these procedures are to: • Provide assistance in a Commission's decision making process so that regional,

subregional and/or local issues are given appropriate consideration and weight; • Give applicants guidance as to the type of information a particular LAFCo may need

as part of its review and evaluation concerning their applications; • Ensure consistency in the decision making process; • Facilitate communication between principal and non-principal LAFCos; and • Acknowledge the importance of Commission decisions in striving to balance social,

economic and environmental factors for the benefit of current and future residents and property owners.

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INITIAL PROPOSAL REVIEW BY EXECUTIVE OFFICERS14

Prior to the filing of an application or as soon after filing as practical, the applicant is strongly encouraged to meet with the Executive Officer of the county in which the project is located to discuss the scope and components of the proposal. The Executive Officer may advise an applicant that: • The two Commissions have agreed on a cooperative interactive process for the

evaluation and consideration of such an application; • The applicant is strongly encouraged to contact the other affected LAFCo to discuss

and review the proposal; • This type of application is generally more complex and likely to raise special

concerns and questions for one or both Commissions; • The review, transfer and hearing process may be extended to include a review by an

ad-hoc joint Commission Committee so that issues and concerns of one or both Commission's can be adequately discussed and addressed; and

• Each Commission may have a supplemental fee in order to recover actual costs for

the additional time and expense associated with processing a multi-county application.

After reviewing the proposal with the applicant, the Executive Officer of the county in which the project is located would, as soon as practical, provide written notification to the other affected Executive Officer as to the scope and nature of the application and include copies of all documents and other information submitted as part of the application. The Executive Officer may provide a copy of the notification to his/her Commissioners for their information and comment, if any. The two Executive Officers will discuss and, if necessary, meet to evaluate the proposal and attempt to reach consensus on which Track is the most appropriate for the processing of the application. The discussion and evaluation may include: • The scope, location and nature of the application; • A determination of principal and non-principal county designation in accordance with

the provisions and definitions of the Cortese-Knox (Hertzberg) Act; • Whether a request for transfer of jurisdiction is needed; and

14 The Contra Costa and Alameda LAFCos adopted these policies and procedures in July 1997. Initiation of update discussions and processes will be undertaken separately. In the interim period, these policies and procedures continue to apply.

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• The degree to which the application may be of interest to one or both Commissions. A tentative calendar for processing and hearing; the processing, transfer and hearing schedule shall not be unreasonably delayed. The scheduling of a special meeting(s) by one or both Commissions may be required in order to consider the proposal.

EXECUTIVE OFFICER DETERMINATION AND COMMISSION NOTIFICATION The results of the Executive Officer's review will be shared with the respective Commissions on an informational basis along with a recommendation as to the suggested processing Track for the application; the notification also would include a tentative schedule. By statute, any decision regarding a transfer of jurisdiction must be approved by the full Commission; the ad-hoc joint Commission Committee and Executive Officers can only make recommendations. If there is consensus by the Executive Officers, the applicant will be given written notification as to the processing track and tentative scheduling of the application. If no consensus can be reached between the two Executive Officers as to which Track is appropriate for the processing of the application, then: 1. The two Executive Officers and Commission Chairs will meet to review and evaluate

the specifics of the application and attempt to reach an understanding on the appropriate processing Track; or

2. If no consensus, the Commission Chair who feels the proposal should be considered

by the Joint Commission Committee may schedule the item for his/her Commission's next meeting in order to consider whether to formally request the other LAFCo to convene an ad-hoc joint Commission Committee meeting or whether to transfer jurisdiction.

APPLICATION PROCESSING TRACKS

The processing of an application for a sphere of influence, change of organization or reorganization that involves a multi-county jurisdiction will follow one of four Tracks. TRACK ONE SPHERES OF INFLUENCE For a sphere application or amendment, no formal transfer of jurisdiction request will be required. The LAFCo in which the project is located will have decision making authority. The decision making LAFCo will make an effort not to schedule the matter for action so as to preclude the other interested LAFCo from reasonably scheduling the matter for discussion and subsequent submission of comment. The desires of an applicant as to the prospective hearing schedule will be considered but not take precedence over the

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rights or concerns of the other interested LAFCo. Upon written notification of the application and submission of supporting documentation, the other interested LAFCo may elect to schedule the item at either a regular or special meeting in order to discuss the proposal. The Commission may exercise its discretionary authority to ask the applicant to be present to present testimony and/or respond to questions or issues concerning the proposal. The interested LAFCo may elect to exercise its discretionary authority to make comments and/or provide recommendations as to possible terms or conditions which, in their judgment, should be considered by the decision making LAFCo. TRACK TWO CHANGES OF ORGANIZATION OR REORGANIZATION WHERE A REQUEST OR TRANSFER OF JURISDICTION IS REQUIRED The non-principal LAFCo will submit a written request with appropriate supporting documentation to the principal LAFCo and indicate agreement by the two Executive Officers as to the processing of the application. The principal LAFCo will place the request on the next available agenda for consideration with a staff recommendation to authorize the transfer. The Commission may exercise its discretionary authority to ask the applicant to be present to give testimony and/or respond to questions or issues concerning the proposal. The principal LAFCo will consider and make a decision as to whether to approve the request for a transfer of jurisdiction. If the transfer is approved, the non-principal LAFCo will assume jurisdiction and final decision-making authority over the application. The Commission may exercise its discretionary authority by including comments and/or providing recommendations as to terms or conditions which in their judgment should be considered by the other LAFCo as part of its decision making process. If the transfer is disapproved, the application may be referred to Track Four so that any outstanding issues and concerns can be addressed under the auspices of the ad-hoc joint Commission Committee process. TRACK THREE REORGANIZATION WHERE A REQUEST FOR TRANSFER OF JURISDICTION IS NOT REQUIRED The principal LAFCo, defined as meeting the statutory criteria of the Cortese-Knox Act, will submit a written notification with appropriate supporting documentation to the non-principal LAFCo along with a tentative hearing schedule. The notification will include a description of the scope and nature of the proposal as well as the anticipated review and hearing dates(s). The principal LAFCo will make an effort not to schedule the matter for action so as to preclude the non-principal LAFCo from reasonably scheduling the matter for discussion and subsequent submission of comment.

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The desires of an applicant as to the prospective hearing schedule will be considered but not take precedence over the rights and concerns of the non-principal LAFCo. The non-principal LAFCo may, at its option, elect to place the matter on its next available agenda or call a special meeting in order to formally discuss and evaluate the proposal and any potential impacts upon County residents and services. The non-principal LAFCo may elect to exercise its discretionary authority to make comments and/or provide recommendations as to possible terms or conditions to the principal LAFCo for consideration as part of their decision making process. TRACK FOUR REFERRAL TO AD-HOC JOINT COMMISSION COMMITTEE A sphere of influence, change of organization or reorganization proposal will be referred to an ad-hoc joint Commission Committee if it meets one or more of the following criteria: • One or both Executive Officers perceive that the nature, scope or interest in the

proposal is such that it warrants referral; or • The Commission Chairs and/or the respective Commissions have determined that it

would be in the best interests of their Commission to have the proposal referred to the ad-hoc joint Commission Committee.

The ad-hoc joint Commission Committee will be convened on an “as needed” basis. The Committee will be comprised of two members from each LAFCo. Appointments will be made by the respective Commission Chairs in accordance with individual Commission policies and practices. The Executive Officers will, as soon as practical, schedule a meeting of the ad-hoc joint Commission Committee. The meeting will be public and noticed in accordance with applicable State open meeting statutes. The applicant, proponents, opponents and other interested parties will be notified of the meeting. A staff summary document of the proposal will be prepared and include any supporting documents that may be of interest to the Committee members. The meeting will be scheduled within an appropriate time frame so as to not unduly delay the processing of the application; however, scheduling will not be at the expense of nor compromise fulfillment of the ad-hoc joint Commission Committee's responsibilities. In its review and evaluation of the proposal, the ad-hoc joint Commission Committee will have as its purpose and focus regional, subregional and local issues, questions and concerns which may emanate from such a multi-county jurisdictional proposal. The ad-hoc joint Commission Committee will have discretion to schedule additional meetings if determined to be appropriate and necessary for their full consideration of the issues.

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The ad-hoc joint Commission Committee will submit to each of the Commissions a written report on the results of the meeting as well as a non-binding consensus opinion, if appropriate, with respect to the merits of the proposal and the appropriateness of a transfer of jurisdiction. The consensus opinion also may include suggested terms and conditions that may be taken into consideration by the principal LAFCo as part of its decision making process. If there is no consensus opinion, the report would reflect this fact. Upon completion of the work of the ad-hoc joint Commission Committee and depending on whether the matter was a sphere of influence, change of organization or reorganization proposal, the application would continue to be processed in accordance the procedures as set forth for Tracks One, Two or Three. In accordance with State statutes, the final decision making authority rests with the Commission that has jurisdiction over the matter. The Executive Officers and the ad-hoc joint Committee can only make recommendations.

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Alameda Local Agency Formation Commission September 2003 Draft Guidelines, Policies and Procedures PART V. SPECIAL DISTRICT PRINCIPAL ACTS. The following principal act information is provided for reference purposes. Code references refer to the Government Code unless otherwise indicated. If a district formation is part of a reorganization proposal, the provisions of the CKH Act will govern formation. In all cases, the protest proceedings provisions of the CKH Act apply and prevail over provisions of any Principal Act. Otherwise, the provisions of the district principal act will apply (§§56125 & 57007) unless the principal act is inconsistent with the CKH. In this case, the CKH shall be used to guide the proceedings (§56100, §56859). Airport District. Public Utilities Code (PUC) §§22001-22979 Governing Body: PUC §22401, §22401, §22402, §22406 Powers: Specific powers are to provide and maintain public airports and landing places for aerial traffic. General powers include the power to hire employees, acquire property, levy and collect taxes, establish rules governing airport operations, and enter into contracts (See PUC §§22551-22559 for a listing of all general powers.). Formation: PUC §22006, §§22151-22153, §22178 supersedes §58680, §§22201-22204, §§22256-22259 Annexation: PUC §22006

California Water District. Water Code (WC) §§34000-38500 Governing Body: WC §34700, §34708 Powers: Specific powers that the board of directors may exercise include acquisition and operation of works for the production, storage, transmission, and distribution of water for irrigation, domestic, industrial, and municipal purposes, and any drainage or reclamation works connected with such undertakings. The board of directors may also acquire and operate facilities and services for the collection, treatment, and disposal of sewage, waste, and storm waters. General powers include all acts necessary or proper to carry out the provisions of the Water Code. A listing of general powers is contained in WC §§35400-35413. Formation: WC §§34150-182, §34306, § 34400, §34500, §35003, §35005 Cemetery District. Health and Safety Code (H&SC) §§8890-9225) Governing Body: H&SC §§8950-8950.3 Powers: The specific powers that the trustees may exercise are to maintain a cemetery or cemeteries, or acquire and maintain a mausoleum, if such mausoleum was built prior to May 1, 1937. In addition to these specific powers, the district may do all acts necessary or proper for the carrying out of the purposes of this part (H&SC 8961 - 8969.5). Formation: H&SC §§8925 – 8930, §8938, §8890 Annexation: H&SC §9025

Community Services District. Government Code §§61000 - 61934 Governing Body: §61101, §61120 Powers: The specific powers that the board of directors may exercise are (§61600, §61710, §61601):

• Supply inhabitants of the district with water for domestic, irrigation, sanitation, industrial, fire protection, and recreation use;

• Collection, treatment, or disposal of sewage, and waste and storm water; • Collection or disposal of garbage or refuse matter; • Protection against fire; • Public recreation and parks, playgrounds, golf courses, etc.; • Street lighting; • Mosquito abatement; • Police protection and other security services; • Library buildings and library services; • Street improvement, maintenance, and repair (subject to consent of governing body

of city and county in which improvements are made); • Construction and improvement of bridges, culverts, curbs, gutters, and drains

(subject to the consent limitations of item 10 above); • Conversion of overhead electric and communications facilities to underground

locations when such facilities are owned and operated by a "public utility" or "public agency," subject to consent of the public utility or public agency responsible for such facilities;

• Contract for ambulance service if a majority of the voters in the district voting in an election thereon, approve;

• Provide and maintain public airports and landing places for aerial traffic; • Provide transportation services; • Abate graffiti; and • Establish improvement districts.

After formation, should the district's board of directors determine that it is feasible, economically sound, and in the public interest for the district to exercise its powers for additional purposes not designated in the original formation petition, the board may submit to the district voters the question of whether the district should perform such additional purposes. Formation: §61102, §61103, §61104, §61106, §61110, §61111, §61116, §61117 Annexation: §61800 County Sanitation District: Health and Safety Code (H&SC) §§4700-4859 Governing Body: H&SC §4730, §4730.1

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Powers: The specific powers that the board of directors may exercise are as follows (§§4741-4767):

• To acquire, construct and complete sewage collection, treatment, and disposal works;

• To construct, maintain and operate a refuse transfer or disposal system (refuse collection is prohibited);

• To make provision for street cleaning and street sweeping services upon the roads and streets within the boundaries of the district;

• To acquire, construct, control, operate, and maintain waterworks, conduits, reservoirs, storage sites and other works and facilities for the production, treatment, storage, and distribution of a water supply; and

• Other general powers listed in H&SC. Formation: H&SC §4711, §4711.5, §4714, §4714.5, §4715

County Service Area (CSA). Government Code §§25210.1-25211.33 Governing Body: §25210.1 Powers: A CSA may be established to provide any one or more of the following types of extended services within an unincorporated area (§§25210.4-25210.4(b)):

• Extended police protection; • Structural fire protection; • Local park, recreation, or parkway facilities and services; • Extended library facilities and services; • Television translator station facilities and services; • Low-power television services; and • Any miscellaneous extended services, which the county is authorized by law to

perform, and which the county does not also perform to the same extent on a county-wide basis both within and outside city boundaries including but are not limited to water service, sewer service, pest or rodent control, street & highway sweeping, street & highway lighting, refuse collection, garbage collection, ambulance service, planning for a part of the County, soil conservation & drainage control, animal control, services provided by a municipal advisory committee, transportation services, geologic hazard abatement, and road maintenance & improvement.

Formation: §25210.10, §25210.10(a), §25210.11, §25210.14, §25210.18, §25210.17(a), §25210.18, §25210.21, §25210.22, §25210.80, §56663 Annexation: §25210.80, §25210.80(a) County Water District. Water Code (WC) §§30000-33900 Governing Body: WC §30500 Powers: The specific powers are:

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• Furnish sufficient water throughout the district for any present or future beneficial

use, storage and conservation of water and water rights, and the operation of waterworks (WC §§31020-31022);

• Generate and sell electric power in connection with a water conservation project (WC §§31149.1-31149.2);

• Acquisition, construction, and operation of facilities for the collection, treatment, and disposal of sewage, waste and storm water. A district may also provide the services under this section to inhabitants outside its boundaries provided it does not provide services to inhabitants of any other public agency without the consent of that agency expressed by resolution or ordinance (WC §31100) subject, in most cases, to LAFCo approval (§56133).

• Draining and reclaiming lands within the district (WC §31033); • Provide fire protection (WC §§31120-1121); • Acquire, construct, maintain, and operate facilities appropriate or ancillary to the

recreational use of water, provided that recreational use of water shall be subject to approval of the public health authority having jurisdiction (WC §31130); and

• Other general powers to perform acts necessary or proper to carry out the provisions of this division (WC §§31000 – 31187).

Formation: WC §30200, §30202, §30203, §30264.1, §30291, §30297). Annexation: WC §32400

County Waterworks District. Water Code §§55000-55991 Governing Body: WC §55301, §55302 Powers: The specific powers are the supplying of water for irrigation, domestic, industrial, or fire protection purposes, and for the development and conservation of water supplies for those purposes; acquisition, purification, treatment, and reclamation of saline water or sewage, or both; and construction, maintenance, and operation of sewage collection and treatment facilities (§§55330-55336, §55331, §55335, §55335.5). Formation: WC §55103, §55161, §55162, §55180, §55186, §§55100-55200 Fire Protection District. Health & Safety Code (H&SC) §§13800-13970 Governing Body: H&SC §13816, §§13835-13839, §13821, §13842, §13846, §13848, §13849 Powers: Specific services are fire protection services, rescue services, emergency medical services, hazardous material emergency response services, ambulance services and other corollary powers (H&SC §§1797 et sequitur, §13862, §§13863-13887). Formation: H&SC §13810, §13811, §13821, §13816, §13823.5 Financing Mechanisms: H&SC §13890 outlines budget deadlines and general financial procedure. H&SC §§13910 et sequitur includes alternative sources of revenue. They are: special tax (§50075); two-thirds majority; Mello-Roos Community Facilities Act of 1982, special tax (§53311) two-thirds majority; special tax for fire and police (§53970); two-thirds

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majority; assessment for fire protection services (§50078), vote or abandonment required if protested by holders of property interests proposed to be assessed, who represent more than 10% but less than 50% of the total amount of expected revenue from the assessment. Abandonment required if the value of protest equals 50% or more of the total amount of expected revenue from the assessment (§50078.12); assessment for capital improvements, 1911 Bond Act; 1915 Improvement Bond Act; 1913 Municipal Improvement Act; Section 1000 Streets and Highways Code; vote not required; fees for services (H&SC §13916); vote not required. Annexation: H&SC §13811 Garbage Disposal District. Public Resources Code (PRC) §§49000-49050 Governing Body: PRC §49018 Powers: The specific powers are the collection and disposal of garbage and other refuse matter in the district; the operation and maintenance of garbage and refuse disposal sites, and other general powers needed to accomplish the purposes of the PRC (PRC §49017, §§49018-49020). Formation: PRC §49005, §49006, §49009, §49010 Annexation: §PRC 49050

Health Care District. Health & Safety Code (H&SC) §§32000-32490.9 Governing Body: H&SC §32100, §32100.01 Powers: The specific powers are to establish, maintain, and operate, or provide assistance in the operation of, one or more health facilities or services, including but not limited to: outpatient programs, services and facilities; retirement programs; chemical dependency programs, services and facilities; or other health care programs, services and facilities; activities at any location inside and outside the district for the benefit of the district and people served by the district; to acquire, maintain, and operate ambulances, or ambulance services inside and outside the district; and to establish a nurses' training school, or a child care facility for the benefit of employees of the hospital or residents of the district (H&SC §32121). General powers needed to accomplish the purposes of the H&SC (H&SC §§32121-32137. Formation: H&SC §32001, §32002, §32003, §56131.5, §58105.1

Irrigation District. Water Code (WC) §§20500-29976 Governing Body: WC §20721, §21550 Powers: The specific powers are to supply water for beneficial purposes; provide for any and all drainage made necessary by the irrigation provided for by the district; purchase or lease electric power and provide for the acquisition, operation, and control of plants for the generation, transmission, etc. of electric power; acquire and operate an airport or aviation school; provide, maintain, and operate flood control works in districts having 200,000 acres or more; reclaim waste water for beneficial use; sewage disposal if approved by majority at

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election; construct, maintain, and operate recreational facilities in connection with dams, reservoirs, or other work owned and constructed by the district (WC §22171, §§22075-22825). Formation: WC §20700, §20701, §§20820-20822, §20960 Library District: Education Code (EC) §§19400-19532 Governing Body: EC §19420 Powers: The specific powers are to establish, equip, and maintain a public library for the dissemination of knowledge of the arts, sciences, and general literature and undertake all acts necessary or proper for the carrying out of the purposes of this part (EC §19400). Formation: EC §19401, §19406, §58103, §58132 Annexation: EC §19401 Mosquito Abatement and Vector Control District. Health & Safety Code (H&SC) §§2200-2398 Governing Body: H&SC §2240 Powers: The specific powers are: the extermination of mosquitoes, flies or other insects either inside or outside the district; the extermination of rats; and the undertaking or contracting for algae research, control, and monitoring projects (H&SC §2290, §2291). Formation: H&SC §2210, §2211 & §2215.5 Annexation: H&SC §2330

Municipal Utilities District. Public Utilities Code (PUC) §§11501-14509 Governing Body: PUC §11801 Powers: The specific powers are: to acquire, construct, own, operate, control or use, inside or outside, or partly inside or outside, the district, works or parts of works for supplying the inhabitants of the district and public agencies therein, or some of them, with light, water, power, heat, transportation, telephone services, or other means of communication, or means for the collection, treatment, or disposition of sewage; construct facilities necessary for the generation, transmission, or distribution of electricity and construct, maintain, improve, and operate public recreational facilities appurtenant to any water reservoir owned or operated by the district; and all things necessary or convenient to the full exercise of the powers therein granted (PUC §12801, §12817, §12850, §12851). Formation: PUC §11561, §11652 Annexation: PUC §13801, §13851

Municipal Water District. Water Code (WC) §§71000-73000 Governing Body: WC §71250 Powers: The specific powers are: to supply water for beneficial purposes; construct, improve, and operate public recreational facilities appurtenant to facilities operated or

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contracted to be operated by the district; acquire, construct, and operate facilities for providing fire protection, and emergency medical services, including ambulance and paramedic services (WC §71680); acquire waterworks or a waterworks system, waters or water rights; and acquire, construct, and operate sanitation facilities (WC §§71590-71689.27). Formation: WC §§71060-71061, §71122, §§71168-71190 Annexation: WC §§71071 - 71081 Port District. Harbors and Navigation Code (H&NC) §§6200-6372 Governing Body: H&NC §6240 Powers: The specific powers are: to acquire, construct, maintain, operate, develop, and regulate all facilities incidental to or necessary for the operation and development of a port, ports, or waterways including, but not limited to, wharves, docks, belt railroads, warehouses, etc; provide for and supervise pilots and pilotage of vessels; provide streets leading to the waterfront; establish a plan and system of harbors; and do all necessary acts to carry out its purpose (H&NC §§6290-6311). Formation: H&NC §6211, §§6215-6218, §6321 Public Utility District. Public Utilities Code (PUC) §§15501-18055 Governing Body: PUC §15951 Powers: The specific powers are: to acquire, construct, own, operate, control, or use, inside or outside or partly inside and partly outside the district, works for supplying its inhabitants with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the disposition of garbage, sewage, or refuse matter; acquire, construct, own, complete, use, and operate a fire department; street lighting system; public parks; public playgrounds; golf courses; public swimming pools; public recreation buildings; buildings to be used for public purposes; and works to provide for the drainage of roads, streets, and public places, including but not limited to curbs, gutters, and sidewalks; and pavement of streets; and all things necessary or convenient to the full exercise of the powers granted in this article (PCC §20202.3, PUC §16463). Formation: PUC §15701, §15702, §17301, §15736, §15738, §15791 Annexation: PUC §17301, §17362 Recreation And Park District. Public Resources Code (PRC) §§5780-5791 Governing Body: PRC §5780.2 & §5781.4 Powers: The specific powers are: to organize and conduct programs of community recreation, to establish systems of recreation and recreation centers, and to acquire, construct, maintain, and operate recreation centers inside or outside the district. A recreation and park district may exercise any of the powers, functions, and duties, which are vested in, or imposed upon, a fire protection district PRC §§57825782.24. A district

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with all of the powers of a recreation and park district, except the power of eminent domain, also may be formed (PRC §5790). Formation: PRC §5780.30, §5781.2, §5781.3; GC §58103, §58105.1, §58132). §5781.2 Annexation: PRC §5785

Regional Park, Park and Open Space, and Open Space Districts. Public Resources Code (PRC) §§5500-5595 Governing Body: PRC §5515, §5527 Powers: The specific powers are: to plan, adopt, lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain a system of public parks, playgrounds, golf courses, beaches, trails, natural areas, ecological and open space preserves, parkways, scenic drives, boulevards, and other facilities for public recreation, for the use and enjoyment of the inhabitants of the district; may select, designate, and acquire land, or rights in land, within, or outside of the district, to be used and appropriated for such purposes; conduct programs and classes in outdoor science education and conservation education, and other general powers needed to perform duties (PRC §5541, §§5539-5553). Formation: PRC §5502, §5503, §§5506.3 et sequitur, §5514, §5520 Annexation: PRC §5572

Resource Conservation District. Public Resources Code (PRC) §§9151 - 9962 Governing Body: PRC §9182, §9242 Powers: A resource conservation district may be formed for the control of runoff, the prevention or control of soil erosion, the development and distribution of water, and the improvement of land capabilities (PRC §9151). Formation: PRC §9181, §9183, §9241, §9152, §9255 Annexation: PRC §9481 Sanitary District. Health and Safety Code (H&SC) §§6400-6830 Governing Body: H&SC §6480 Powers: The specific powers are the acquisition, maintenance, and operation of garbage dump sites, garbage collection, and disposal systems; sewers, drains, septic tanks, and sewerage collection and disposal systems, out fall treatment works, and other sanitary disposal systems; and storm water drains and storm water collection, out fall, and disposal systems, and water reclamation and distribution systems; and certain other general powers in the operation of the district (H&SC §§6510-6550.1). Formation: H&SC §6420, §§6440-6446, §6465, §6830

Small Craft Harbor District. Harbors and Navigation Code (H&NC) §§7000-7340 Governing Body: H&NC §7040

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Powers: The specific powers are to establish, maintain, and operate a harbor (defined in H&NC §7002), and all facilities appurtenant thereto, and to perform all acts necessary to carry out fully the provisions, powers, and purposes of this part (H&NC §§7140-7152). Formation: H&NC§7010, §7011, §7023.5, §7024, Annexation: H&NC 7280

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Alameda Local Agency Formation Commission September 2003 Draft Guidelines, Policies and Procedures PART VI. GLOSSARY. Affected local agency - A local agency which contains, or would contain, or whose sphere of influence contains, any territory within any proposal or study to be reviewed by the commission (§56014). Agricultural lands - Land currently used for the purpose of producing an agricultural commodity for commercial purposes, land left fallow under a crop rotational program, or land enrolled in an agricultural subsidy or set-aside program (§56016). Agricultural preserve - An area devoted to either agricultural, recreational, or open space and compatible uses as defined in the Williamson Act, and established and made subject to a land conservation contract by resolution of a city or county after a public hearing (§51201(d)). Certificate of Filing (COF) - The document that affirms that an application is deemed complete and filed. Required timelines for processing and hearing the proposal begin upon issuance of the COF (§56658). Certificate of Completion - The document that confirms the final resolution of a successful change of organization or reorganization (§56020.5). Certificate of Termination of Proceedings - The document that confirms the final resolution of an unsuccessful change of organization or reorganization (§56020.7) Conducting Authority - LAFCo of the principal county of the entity proposing a change of organization or reorganization unless another conducting authority is specified by law (§56029). Cost avoidance - Actions to eliminate unnecessary costs derived from, but not limited to, duplication of service efforts, higher than necessary administration/operation cost ratios, use of outdated or deteriorating infrastructure and equipment, underutilized equipment or buildings or facilities, overlapping/inefficient service boundaries, inefficient purchasing or budgeting practices, and lack of economies of scale. Deemed filed - A term referring to the time at which an application is determined by the Executive Officer to include all required elements, including fees and completed CEQA documentation, is accepted as complete, and begins to be subject to processing time lines contained in the CKH Act and CEQA. De minimis project - The term refers to projects, which include requests for minor administrative or corrective actions. Projects are found “De Minimis” for application processing and fee collection purposes if staff determines that the project (a) is consistent with §56668, §56683, and §56668.5, factors to be considered, and LAFCo policies and procedures; (b) will not cause significant adverse impacts upon any agency

or individual; (c) does not involve any new extension of service; (d) is proceeding with the consent of all affected landowners; and (e) is defined as ministerial under, or qualifies for an Exemption from, the requirements of CEQA. Direct costs - Those costs incurred as an immediate result of an action or a proposal before LAFCo. Infrastructure needs and deficiencies - The term, “infrastructure” is defined as public services and facilities, such as sewage-disposal systems, water-supply systems, other utility systems, and roads (General Plan Guidelines). Any area needing or planned for service must have the infrastructure necessary to support the provision of those services. The term, “infrastructure needs and deficiencies,” refer to the status of existing and planned infrastructure and its relationship to the quality and levels of service that can or need to be provided. Inhabited territory - Territory within which there reside 12 or more registered voters (§56046). Landowner/Owner of land - (1) Any person shown as the owner of land on the most recent assessment roll being prepared by the county at the time the proponent (was commission) adopts a resolution of application except where that person is no longer the owner. Where that person is no longer the owner, the landowner or owner of the land is any person entitled to be shown as owner of the land on the next assessment roll. (2) Where land is subject to a recorded written agreement of sale, any person shown in agreement as purchaser. (3) Any public agency owning the land. Lead Agency - The public agency, which has the principal responsibility for carrying out or approving a project. The Lead Agency determines what type of CEQA documentation or process is required. Criteria for determining which agency will be the Lead Agency for a project are contained in PRC §15051 (PRC §15367). Limited service sphere of influence - Territory included within the boundaries of a limited purpose district that LAFCo has included within the SOI of a multi-service district. Local accountability and governance - The term, “local accountability and governance,” refers to public agency decision making, operational and management styles that include an accessible staff, elected or appointed decision-making body and decision making process, advertisement of, and public participation in, elections, publicly disclosed budgets, programs, and plans, solicited public participation in the consideration of work and infrastructure plans; and regularly evaluated or measured outcomes of plans, programs or operations and disclosure of results to the public. Management efficiency - The term, “management efficiency,” refers to the organized provision of the highest quality public services with the lowest necessary expenditure of

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public funds. An efficiently managed entity (1) promotes and demonstrates implementation of continuous improvement plans and strategies for budgeting, managing costs, training and utilizing personnel, and customer service and involvement, (2) has the ability to provide service over the short and long term, (3) has the resources (fiscal, manpower, equipment, adopted service or work plans) to provide adequate service, (4) meets or exceeds environmental and industry service standards, as feasible considering local conditions or circumstances, (5) and maintains adequate contingency reserves. Municipal services - The full range of services that a public agency provides, or is authorized to provide, except general county government functions such as courts, special services and tax collection. Municipal service reviews are triggered by requirements to create or update SOIs for public agencies. Therefore, a LAFCo will review services that are provided by public agencies that have, or are required to have, SOIs with review and consideration of the operations of other providers that service the same region. Open space - Any parcel or area of land or water, which is substantially unimproved and devoted to an open-space use, as defined in §65560 (§56059). Presubmittal - An application provided to LAFCo for initial review purposes but not yet deemed filed. Prime agricultural land - Land, whether a single parcel or contiguous parcels that has not been developed for a use other than an agricultural use and that meets any of the following qualifications:

• Qualifies that qualifies, if irrigated, for rating as class I or class II in the USDA Natural Resources Conservation Service land use capability classification, whether or not the land is actually irrigated, provided that irrigation is feasible.

• Land that qualifies for rating 80 through 100 Storie Index Rating. • Land that supports livestock used for the production of food and fiber and that has

an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture in the National Handbook on Range and Related Grazing Lands, July, 1967, developed pursuant to Public Law 46, December 1935.

• Land planted with fruit or nut-bearing trees, vines, bushes, or crops that have a non-bearing period of less than five years and that will return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($400) per acre.

• Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than four hundred dollars ($400) per acre for three of the previous five years.

• Land that is used to maintain livestock for commercial purposes (§56064).

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Principal county - The county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district or districts for which a change of organization or reorganization is proposed (§56066). Principal LAFCo – The LAFCo in a principal county that has jurisdiction on a proposal that crosses county boundaries. If any proposal involves a special district which is, or as a result of a proposed change would be located in more than one county, exclusive jurisdiction for that proposal over the matters authorized may be vested in the Commission of a county in which territory of the district is located or is proposed to be located if all of the following occur: 1) the Commission of the principal county agrees to having the exclusive jurisdiction vested in the Commission of another county; 2) the Commission of the principal county designates the Commission of another county which shall assume exclusive jurisdiction; and 3) the Commission of the county so designated agrees to assume exclusive jurisdiction (§56388). Project Proponent/Applicant - The person or persons who file a notice of intention to circulate a petition (§56068, §56700.4, §56654), or the local agency that adopts the Resolution of Application. Rate restructuring - Rate restructuring does not refer to the setting or development of specific rates or rate structures. During a service review, LAFCo may compile and review certain rate related data, and other information that may affect rates, as that data applies to the intent of the CKH Act (§56000, §56001, §56301), factors to be considered (§56668, §56668.3), SOI determinations (§56425) and all required service review determinations (§56430). The objective is to identify opportunities to positively impact rates without adversely affecting service quality or other factors to be considered. Responsible Agency - A public agency which proposes to carry out or approve a project for which a Lead Agency is preparing or has prepared an Environmental Impact Report of Negative Declaration. For the purpose of CEQA, the term refers to any public agency other than the Lead Agency, which has discretionary authority over a project (PRC15081). Service unit - A measure used to calculate the exact service status, or capacity to provide services, of a service provider such as number of households, parcels, meters, equivalent dwelling units, or residential, commercial, agricultural or industrial units that are, can, will be or are proposed to be served. Substantial SOI amendment - An amendment to an SOI which causes the SOI to be internally inconsistent, is inconsistent with provisions of the CKH Act, has the potential to cause significant adverse social, economic, environmental or other consequences, or has substantial adverse regional planning implications. A substantial amendment to an SOI prior to a service review is inconsistent with §56430.

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Urban areas or lands - Lands within an incorporated city, and those lands in community regions which are developed, or planned for development within the next ten years, for industrial, commercial, medium density residential or more intensive uses. Urban service area - Developed, undeveloped, or agricultural land either incorporated or unincorporated, within the sphere of influence of a city, which is served by urban facilities, utilities, and services or which are proposed to be served by urban facilities, utilities, and services during the first five years of an adopted capital improvement program of the city if the city adopts that type of program for those facilities, utilities, and service. The boundary around an urban area shall be called the 'urban service area boundary' and shall be developed in cooperation with a city and adopted by a commission pursuant to policies adopted by the commission In accordance with §56300, § 56301, § 56425 (§56080).

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Appendix A - SCHEDULE OF FEES AND CHARGES

Alameda LAFCo

Schedule of Fees and Deposits

(Effective August 1, 2005) The policy of the Commission is: 1. This fee schedule shall be administered in accordance with the provisions of Government Code §56383. 2. Applications submitted to LAFCo shall be accompanied by a non-refundable initial fee as detailed in this

schedule. 3. Applicants are responsible for any fees or charges incurred by LAFCo or required by other agencies in

the course of processing an application. 4. Initial fees include a fixed number of staff hours (including Executive Officer, legal counsel, planning

and support) as detailed in the fee schedule. 5. Additional LAFCo staff time (in excess of initial fee) shall be charged at actual cost. 6. Applicants are responsible for any extraordinary administrative costs as determined by the Executive

Officer and detailed for the applicant in a written statement. 7. Additional LAFCo staff time and administrative costs shall not be charged for city annexation

applications that are comprised solely of one, entire unincorporated island. 8. If the Executive Officer estimates that a proposal will require more than the fixed number of staff hours

covered by the initial fee to complete, she/he shall provide a written statement to that effect to the applicant and request a deposit in an amount sufficient to cover anticipated costs. If this or any subsequent deposit proves insufficient, the Executive Officer shall provide an accounting of expenditures and request a deposit of additional funds.

9. If the processing of an application requires that LAFCo contract with another agency or with a private firm or individual for services that are beyond the normal scope of LAFCo staff work (e.g., drafting an Environmental Impact Report or Comprehensive Fiscal Analysis), the applicant shall be responsible for all costs associated with that contract. The applicant will provide LAFCo with a deposit sufficient to cover the cost of the contract.

10. The Executive Officer may stop work on any proposal until the applicant submits a requested deposit. 11. Written appeal of fees and/or deposits, specifying the reason for the appeal, may be submitted to LAFCo

prior to the submission of an application or prior to the submission of a deposit requested by the Executive Officer. The appeal will be considered at the next regular meeting of the Commission.

12. The Commission may waive a fee if it finds that payment is detrimental to the public interest pursuant to GC Section 56383(d).

13. Upon completion of a project, the Executive Officer shall issue to the applicant a statement detailing all expenditures in excess of the deposit, or credits if warranted. Excess funds shall be refunded to the applicant as appropriate.

INITIAL FEES ANNEXATIONS AND DETACHMENTS Exempt from California Environmental Quality Act (CEQA) With 100% consent of property owners and affected agencies $ 900 (10 hours) Without 100% consent of property owners and affected agencies $1,575 (20 hours) Not exempt from CEQA (LAFCo is Responsible Agency, Negative Declaration)

With 100% consent of property owners and affected agencies $1,930 (20 hours) Without 100% consent of property owners and affected agencies $2,590 (30 hours) Not exempt from CEQA (LAFCo is Responsible Agency, Environmental Impact Report)

With 100% consent of property owners and affected agencies $3,135 (35 hours) Without 100% consent of property owners and affected agencies $3,800 (45 hours) Unincorporated island annexation to city (entire island only) $ 500 (n/a) SERVICE REVIEW $5,000 deposit SPHERE OF INFLUENCE Revision or amendment $2,300 (25 hours) Review or update $4,000 (45 hours) Establishment $5,100 (55 hours) REORGANIZATIONS OTHER THAN ANNEXATIONS AND DETACHMENTS (i.e., incorporations, district establishments, mergers, formations, or dissolutions) Actual Cost

(typically involves in excess of 200 staff hours)

REQUEST FOR RECONSIDERATION $1,165 (15 hours) OUT OF AREA SERVICE AGREEMENTS OR SERVICE CONTRACTS $ 600 (9 hours) EXTENSION OF TIME REQUESTS $ 300 (5 hours) TRANSFER OF JURISDICTION $ 300 (5 hours) SPECIAL MEETING FEE Actual Cost ADMINISTRATIVE SERVICES The following charges are to be assessed to persons or entities other than the applicant: Copying $0.10 per page Faxing $0.10 per page Mailing or Shipping Actual Cost Research/Archive Retrieval Actual Cost Duplication of Meeting Recording Actual Cost

SUPPLEMENTAL FEES (in addition to Initial Fees) CEQA COMPLIANCE (e.g., preparation of Environmental Impact Actual Cost Report, Negative Declaration, etc.) (LAFCo is Lead Agency) OUTSIDE CONSULTANT(S) Actual Cost OTHER AGENCY FEES Registered Voter List for Hearing Notice (required for proposals without Actual Cost 100% consent) Made payable to “Alameda County Registrar of Voters” Mapping Service Made payable to “Alameda County Assessor” Actual Cost County Surveyor fees Actual Cost Made payable to “Alameda County Surveyor” County Clerk Recorder $ 25 Made payable to “Alameda County Clerk Recorder” Environmental (State Fish & Game) Filing Fee (Fish & Game Code §711.4(d) Made payable to “State Department of Fish & Game” When LAFCo is the Responsible Agency $ 35 Filing of Negative Declaration, LAFCo is Lead Agency $ 1,250 Filing of EIR, LAFCo is Lead Agency $ 850 State Board of Equalization Recordation See fees below Made payable to “State Board of Equalization” Single Area Transactions

ACRES FEE less than 1 acre $ 300 1.00 – 5.99 acres $ 350 6.00 – 10.99 acres $ 500 11.00 – 20.99 acres $ 800 21.00 – 50.99 acres $ 1,200 51.00 – 100.99 acres $ 1,500 101.00 – 500.99 acres $ 2,000 501.00 – 1,000.99 acres $ 2,500 1,001.00 – 2,000.99 acres $ 3,000

2001.00 acres and above $ 3,500

NON-LAFCO FEES AND CHARGES ARE SUBJECT TO CHANGE. PLEASE CONTACT THE LAFCO OFFICE PRIOR TO EXECUTING A WARRANT

TO ENSURE THAT PAYMENT IS CORRECT. THANK YOU.

Appendix B - Application Forms

7

Appendix B1. Application Checklist

Applicants are required to meet with LAFCo staff prior to submitting an application. To make the application process easier

and more understandable to the applicant, it is recommended that the meeting be scheduled before the applicant begins

application preparation.

The following checklist is intended to assist the applicant with submission of a complete LAFCo application package.

Volume I, Part III, Section 2.2 of LAFCo’s Procedures contains additional explanation of required items.1

Required Application Items Regular Out of

Area

Meet with staff to discuss application requirements (required step). X X

1. 1 original and 7 copies of completed and signed LAFCo Application. X X

2. 1 original certified resolution of application (See Appendix E, Exhibit E) OR 1 original petition

of land owners/registered voters with required signatures (see Appendix E, Exhibit D).2

X X

3. 8 letter-sized (8½ x 11) copies of project vicinity map (see Appendix E, Exhibit J). X X

4. 8 copies of preliminary proposal map pre-approved by the County Surveyor and associated

legal description (see Appendix C) X N/A

5. 15 letter-sized copies (8½ x 11) and 1 display-sized copy (2’x3’) of easily readable maps of

the project sites with relationship among the project site and district or city service and SOI

boundaries, and, if applicable, Measure D or urban growth boundaries clearly indicated and

color coded (see Appendix E, Exhibit K).

X X

6. 2 large-scale topographical maps of the project site (may use USGS quadrangle map for larger

sites). X N/A

7. 1 legible copy of any deeds cited on project maps. X N/A

8. For city annexations, provide 1 certified original and 1 copy of adopted City Council

Resolution prezoning the property pursuant to §56375. X N/A

9. For city or special district annexations involving property tax revenues exchanges, 1 certified

original and 1 copy of Resolution from affected cities, districts and Alameda County

indicating that affected jurisdictions have reached agreement on an exchange of property tax

revenues pursuant to Revenue and Taxation Code §99.

X N/A

10. For Out-of-Area Service Agreements, 2 copies of agreements or contracts, and 2 copies of

documentation of public health or safety emergency, if applicable. N/A X

11. 1 original of applicant and property owner financial disclosure statement(s) pursuant to the

requirements of the Fair Political Practices Commission and Section 1.5. X X

12. 13 copies of any CEQA documents approved for any portion of the proposal, such as

Environmental Impact Reports (EIR), Findings of Fact, Statement of Overriding

Considerations, EIR appendices, negative declarations, or mitigated negative declarations

X X

13. 1 copy of Notice of Determination or Notice of Exemption if applicable. X X

14. Non-refundable LAFCo application processing fees (See Appendix A). X X

15. Refundable State Board of Equalization (SBOE) Filing and Processing Fees3 X N/A

16. Refundable State Fish & Game Department CEQA review fees, or copy of receipt of payment

of these fees, if applicable. X X

17. County Clerk Recorder fee X X

1 If the proposal is approved, the applicant will be required to provided additional items including final maps (see Part III, Section 4.0.)

2 A certified Resolution of Application from the agency proposed to provide service is required for Out of Area Service Agreements

3 Checks for SBOE fees must be submitted after the project is approved; the requested change of organization cannot be completed

until SBOE fees are received.

Alameda

LAFCO

ALAMEDA LOCAL AGENCY FORMATION COMMISSION 1221 OAK STREET, SUITE 555 * OAKLAND, CA 94612

(510) 271-5142 FAX (510) 272-3784 WWW.ACGOV.ORG/LAFCO

2

Required Application Items Regular Out of

Area

18. 2 sets of original mailing labels separately identifying the applicants, affected agencies, school

districts, registered voters and landowners on project site, property owners within 300 feet of

project site, and any other party to which notification must be provided. Labels must be

current and complete, and must be in Avery 5160 Format.

X X

19. Provide, if applicable, 2 letter-sized (8½ x 11) legible copies of land use maps with legends

for the project site as follows: County General Plan, City General Plan; Existing Land Use

Zones; Community/Specific Plan; Prezone.

X X

20. 1 original signed copy of indemnification agreement (see Appendix E, Exhibit I) X X

21. 1 original of signed Property Owner Consent to Annexation Form (see Appendix E, Exhibit G) X X

22. 1 copy of verification of filing of Williamson Act nonrenewal actions if applicable. X X

23. 1 copy of map showing the subject parcel and all parcels within a radius of 300’. All parcels

and parcel numbers need to be indicated on map (see Appendix E, Exhibit H). X X

24. If project is not initiated by Resolution of Application of proposed service provider, a letter

indicating willingness to serve must be provided. X X

25. 1 copy of any additional items required by the Executive Officer. X X

1

Appendix B2. APPLICATION QUESTIONNAIRE (updated 1/2008) Alameda Local Agency Formation Commission

1. APPLICANT (Local Agency, Registered Voter, Landowner or 3 Chief Petitioners)

Agency/Individual Name: ___________________________________________________________

1.a. Name of Designated Agency Contact or Chief Petitioner.

________________________________________________________________________________

Address. ________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Phone. ________________ FAX. ________________ E-Mail. ____________________________

1b. Name 2. _____________________________________________________________________

Address. ________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

1c. Name 3. _____________________________________________________________________

Address. ________________________________________________________________________

________________________________________________________________________________

2. NAME/TITLE OF APPLICATION PROPOSAL ________________________________________________________________________________

3. TYPE OF PROPOSAL/PROJECT (Check all that apply) ( ) Annexation ( ) Consolidation ( ) Detachment ( ) Formation ( ) Incorporation ( ) Exercise of Latent Powers ( ) Disincorporation ( ) Merger ( ) Dissolution ( ) Reorganization ( ) Special Study ( ) Municipal Service Review ( ) SOI Amendment ( ) SOI Update ( ) Initial SOI Determination ( ) Establishment of Subsidiary District Describe the proposal or proposed change(s) of organization. Provide a justification for each proposed change. Attach extra sheets if necessary. __________________________________________________________________________________________

__________________________________________________________________________________________

____________________________________________________________________________________

________________________________________________________________________________

2

4. CERTIFIED RESOLUTION OR PETITION (Attach) Application Initiated By: ( ) Resolution of Application No.: ___________ Date Adopted: ______________ OR ( ) Landowner/Registered Voter Petition (The Cortese-Knox-Hertzberg (CKH) Act requires that a petition contain

the number of signatures required for each type of requested government change.) 5. BASIC INFORMATION 5a. Describe the proposal area’s general location and boundaries (access road/way, closest county

road intersection, road junctions, freeways, railroad lines). ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

5b. Number of acres ___________; Square Miles __________ in project site. 5c. Number of registered voters _________ Source of information __________________________ 5d. Number of dwelling units __________ Source of information ___________________________ 5e. Number people living on the site _________ Source of information ______________________ 5f. Assessed Valuation: Land ___________ Improvements ___________ Total ____________ 5g. Existing Land Uses ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

5h. Proposed Land Uses

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

5i. Current and proposed zoning and planning designation(s)

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

3

5j. Regional Housing Needs Allocation (RNHA) Requirements and Number of Affordable Units Provided

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

5k. Property Information. Number of parcels in project site _____________ Number of landowners ________ Source of information: ___________________________________________________ Names & Addresses of All Landowners & Associated Parcel Numbers: Assessor’s Parcel Number/s/Address Landowner Name/ Address 1. 1. 2. 2. 3. 3.

Applicable Tax Rate Area(s): Parcel Number/s Tax Rate Area/s

6. DESCRIPTIONS AND SETTING 6a. Provide the following land use maps with legends for the project site and immediately adjacent

parcels, and clearly identify the project site; County General Plan; City General Plan; Existing Land Use Zones; Prezone if applicable; and Community/Specific Plan if applicable.

6b. Is the proposed change consistent with the terms and conditions of the affected local agency's

General Plan? Yes ____ No _____ Explain. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6c. With Community or Specific Plans? Yes ___ No ___ Not Applicable ___ Explain. __________________________________________________________________________________________

__________________________________________________________________________________________

____________________________________________________________________________________

4

6d. Describe the proximity of the site to populated areas. __________________________________________________________________________________________

__________________________________________________________________________________________

____________________________________________________________________________________

6e. What are the intended uses of the territory, over the next 5, 10 and 15 years (if different), if

application is approved? ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6f. Are any other in-process or anticipated development, planning or land use proposals expected for this site within the next two years? Check all that are applicable. ( ) Proposals to LAFCO ( ) Land Use Entitlements from a county or city ( ) Permits from state or federal entity 6g. If applicant is a CITY, Government Code Section 56375 requires that the city prezone territory

proposed to be annexed. Has territory been pre-zoned? Yes ___No ___ If yes, what is the pre-zoning designation and what does it mean? ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6h. Attach copy of certified City Resolution/ Ordinance Number: _______________. Date Adopted: ______________. 6i. If applicant is a DISTRICT, what planning, zoning and subdivision changes are proposed, or have

been approved by the city or county? ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6j. What is the estimated future population in the territory? At end of 5 years ________ At end of 15 years ________ At end of 10 years ________

Source of Information ______________________________________

5

6k. Have landowners consented to the proposal? Yes ___ No ___ If yes, how many? ______________ % of total landowners? ___________ If yes, attach originals of Signature Consent Forms. If no, explain. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6l. How will the proposal affect the physical and economic integrity of agricultural lands, as defined

by Section 56016? Explain. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6m. How does the proposed change and its anticipated effects conform with LAFCo policies for

promoting planned, orderly, efficient patterns of urban development? Explain. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6n. Adjacent Land Uses.

Existing Land Uses General Plan Designation Zoning Designation North South East West

6o. How will the proposed change affect mutual social and economic interests of adjacent areas?

Explain. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6p. Have interested residents, agencies and/or organizations expressed support or opposition to this proposal. If so, identify interested parties and briefly describe issues. It is not necessary to explaining the support of initiating agency. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6

6q. What is the effect of proposal denial on proposed or approved development if any? ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6r. Is territory contiguous to the district or city’s existing boundary? Yes ___ No ___ If no, is the area less than 300 acres in size, owned by the city and currently being used for a

municipal purpose? Explain. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6s. Do the proposed boundaries create an "island" or pocket of unincorporated territory? Yes ___ No ___ If yes, provide supplemental information explaining how the proposal promotes the orderly growth

and development of the community. 6t. Each applicant is required to notify all affected local agencies of this proposed change. Have all

affected local agencies been informed? Yes ___ No ___ (Attach a list of the affected agencies and a verification for each.) 6u. For district formations, district consolidations, incorporations or city consolidations, provide a proposed agency name (optional). ______________________________ 6v. For district formations, provide the name of the Principal Act under which the proposed district

would be governed. _____________________________________ 6w. Provide a proposed appropriations limit (optional) if applicable. ________________ 7. PLAN FOR PROVIDING MUNICIPAL SERVICES 7a. Provide a plan for providing services (See Part III, Sections 2.24 and 2.25 of Alameda LAFCO’s

Guidelines, Policies and Procedures for instructions.) 7b. Provide the name, address, and contact person for all school districts.

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

7

7c. Indicate, which agencies currently provide, affected public services within the proposal territory and which agencies are proposed to provide services.

Services Current Agency Proposed Agency Police _________________ __________________ Fire _________________ __________________ Water _________________ __________________ Sewer _________________ __________________ Garbage _________________ __________________ Street Lighting _________________ __________________ Road Maintenance _________________ __________________ Flood Control _________________ __________________ Parks & Recreation _________________ __________________ Library Services _________________ __________________ Electricity _________________ __________________ Transit _________________ __________________ Other _________________ __________________ 7d. If a change in service provider is proposed, has each local agency provided a statement

indicating the desire and ability to furnish services? Yes ___ No ___ If yes, a Letter of Agreement from each agency assuming service responsibilities must be included with the application. The letter must identify each agency's role and responsibilities as the new service provider and the method for funding additional services (See Part III, Sections 2.24 and 2.25). If no, explain.

________________________________________________________________________________

________________________________________________________________________________

_______________________________________________________________________________

7e. If a change in service provider is proposed, are alternative providers available for any of

proposed service providers? Yes ___ No ___ If yes, list providers and explain why they are not proposed to provide service. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

7f. Will the related land use project require widening or upgrading of existing streets, the construction

of new streets, sewers, or other infrastructures? Yes ___ No ___ If yes, describe how modifications will be financed. (See Part III, Sections 2.24 and 2.25). ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

8

7g. List any proposed or required terms, conditions or mitigation measures for the proposal. Use an

extra sheet if necessary. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

8. WILLIAMSON ACT LAND CONSERVATION CONTRACTS (agricultural preserves) Are any agricultural preserves on project site? Yes ___ No ___ Adjacent parcels? Yes ___ No ___ If yes, provide map with site boundaries indicated and contracted lands identified with names and contract numbers. If yes, has non-renewal formally been requested? _____ If yes, date of request to Alameda County: ________ Date of termination: _________ 9. SPHERES OF INFLUENCE (SOI) Government Code Sections 56375.5 and 56376 require that territory be included in the affected local agency's SOI before a Change of Organization is approved by the Commission. 9a. Is a CHANGE in Sphere of Influence boundaries of any local agency required prior to proposal

consideration? Yes ___ No ___ If yes, Explain. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

List affected agencies1 and provide a contact name and phone number. Agency Contact Name Phone #

9b. Is the proposed territory currently within a local agency's (county, city or special district) SOI?

Yes ___ No ___ If yes, which agency or agencies? ________________________________________ 1 See Volume I for a definition of this term.

9

9c. If a Sphere of Influence initial determination, update or amendment is requested, fully and

completely explain each of the following as they pertain to the subject proposal (Government Code Section 56425). If any of the factors are already fully described in the master services plan, the applicable section and page number may be referenced.

The present and planned land uses in the area subject to the proposed change, including

agricultural and open space lands; The present and probable need for public facilities and services in the area over the next 10

years; The present capacity of public facilities and adequacy of public services which the agency

provides or is authorized to provide; All social and economic communities of interest in the area, which may be affected by the

project; The existence of agricultural preserves or other important agricultural or open space land in

the area, which will be included in the SOI, and the effect on maintaining the physical and economic integrity of the resource; and

The nature, location and extent of any function or classes of services proposed to be provided within the SOI.

9d. A municipal service review (MSR) will need to be completed for affected SOIs pursuant to

Government Code Section 56430. If a new agency is being formed, an MSR will need to be prepared. For other types of SOI proposals, please check with the Executive Officer to determine whether an MSR has already been completed.

10. COUNTY/CITY/DISTRICT PROPERTY TAX EXCHANGE AGREEMENT LAFCO has no jurisdiction to act on an annexation proposal until resolutions agreeing to an exchange of property tax are passed by each of the affected local agencies (Revenue and Taxation Code Section 99). It is the applicant's responsibility to identify which local agencies (cities and special districts) share in the tax distribution in order to properly determine how future revenue exchange agreements should be structured. 10a. List all affected local taxing agencies. Agency Contact Name Phone #

10b. Have all participating local taxing agencies reached agreement? Yes ___ No ___ (In the case of complex reorganization proposals, multiple agreements may be required) If yes, attach a certified copy of each local agency's tax exchange resolution and provide the following information:

10

Local Agency Resolution Number Adoption Date

If No, Explain. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

11. SPECIAL REVENUES 11a. Do agencies whose boundaries are being changed have existing bonded debt? Yes ___ No ___ If yes, please describe: ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

11b. Will the territory be subject to any new or additional taxes, benefits, charges or fees? Yes ___ No ___If yes, please describe: ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________ 12. ENVIRONMENTAL REVIEW LAFCo is required to comply with the California Environmental Quality Act (CEQA) for purposes of considering the environmental impact of its actions. If LAFCo is a RESPONSIBLE Agency for this application, the applicant must submit copies of environmental documents prepared by the Lead Agency and Certified Resolutions or Notices of Exemption or Determination. (See Alameda LAFCO’s CEQA Handbook, Adopted CEQA Procedures, and Guidelines, Policies and Procedures, Section 2.23) Identify the following: Lead Agency: ___________________________________________________

Responsible Agency/ies:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

11

12a. If LAFCo is a LEAD Agency for this application, the applicant must submit

A description of environmental conditions in the project area including topography, agricultural land classification, vegetation, wildlife, land uses, traffic circulation patterns and major water courses and water bodies; and

A description of how the project might change environmental conditions.

12b. The CEQA document(s) submitted with this application are: ( ) Notice/s of Exemption ( ) Negative Declaration ( ) Draft Environmental Impact Report ( ) Final Environmental Impact Report ( ) Notice/s of Determination ( ) Mitigation Monitoring Program ( ) Findings of Fact and Statement of Overriding Considerations ( ) State Fish and Game Determinations & Fee Receipt ( ) Notice of Exemption ( ) Other _____________________________

Type of CEQA Review (IS/DEIR/Exemption/other)

Project Description (Actions approved) Date approved/ certified

12d. The proponent of any project that has the potential to cause an adverse impact on fish or

wildlife must pay a State Department of Fish and Game fee based upon the type of environmental determination that is made. The applicant must provide evidence that the appropriate State fee has been paid, or submit the fee to LAFCo.

( ) No Effect Documentation (Fee: Exempt) ( ) Negative Negative Declaration (Fee: $1,800) ( ) Environmental Impact Report (Fee: $2,500) ( ) Clerk Recorder’s Fee (Actual Cost) 13. PUBLIC NOTICE, DISCLOSURE AND OTHER REQUIREMENTS 13a. Provide an 8 ½” X 11” map indicating the project site and identifying all parcels adjacent to and

within 300 feet of the project site. Outer boundaries (not adjacent to project site) of large parcels need not be identified. All parcel numbers need to be indicated. (See Appendix E, Exhibit H)

13b. Provide a list of all parcel numbers within the 300 foot radius and include the name and address

of the property owner as of the most recent assessment roll being prepared. 13c. Provide signed financial disclosure statement/s (See Appendix E, Exhibit C) pursuant to

Government Code Section 56700.1. 13d. Provide one copy of an indemnification agreement (See Appendix E, Exhibit I).

12

13e. Provide two sets of original mailing labels that separately identify applicants, affected agencies, school districts, registered voters and landowners on project site, property owners within 300 feet of project site, and any other party to which notification must be provided. Labels must be current and complete and in Avery 5160 format.

14. Final Comments

14a. List any conditions LAFCo should include in its resolution for approval. 14b. Provide any other comments or justifications regarding the proposal from any affected local

agency, landowner or resident. 14c. Enclose all pertinent staff reports and supporting documentation related to this proposal. Note

any changes in the approved project that are not reflected in these materials. 15. Applicant's Certification I hereby certify that the information contained in this application and accompanying documents is true, correct, and accurate to the best of my knowledge. In addition, I hereby agree to pay all required filing and processing fees required by the State of California and Alameda LAFCO, including any expenses for preparation of environmental documentation and planning studies needed to complete this application. I further understand that Alameda LAFCO will not process an incomplete application and that State law and Alameda LAFCO policies and procedures require that specific material be submitted in conjunction with the application. ____________________________________________________________ Name of Applicant or Authorized Representative ____________________________________________________________ Title of Applicant or Authorized Representative __________________________________________ _____________________ Signature of Applicant or Authorized Representative Date

1

Appendix B3. Out of Area Service Agreement Application (updated 1/2008) Alameda Local Agency Formation Commission

1. Name and Address of Applicant (must be public agency):

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

2. Contact Name and Title: _____________________________________________

Telephone: ________________________ FAX: __________________________

E-mail Address: ____________________________________________________

3. Application Initiated By: Agency Name: _____________________________________________________

Resolution No.: ______________________ Date Adopted: ________________

Submit 1 copy of Resolution of Application and 2 copies of proposed out of area service agreement with application. 4. Property Owner and Location of Property to Be Served (List additional owners/properties

on separate sheet if necessary) Name of Property Owner/s: ___________________________________________

Address: __________________________________________________________

City: __________________ State: __________ Zip Code:___________________

Assessor Parcel Number/s: ___________________________________________

Name of Property Owner/s: ___________________________________________

Address: __________________________________________________________

City: __________________ State: __________ Zip Code:___________________

Assessor Parcel Number/s: ___________________________________________

5. Type of Service to Be Provided Check one or more: ____ Water ____ Sewer ____ Police ____ Fire ____ Garbage ____

Other/s: _____________________________________________

2

6. Description of Property to Be Served 6a. Is parcel to be served WITHIN your current Sphere of Influence (SOI)? __ Yes __ No 6b. If Yes, provide (a) general description of property location in relationship to current city/district

boundary line and (b) attach a project area map showing parcel/s, district and SOI boundaries. Description:______________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6c. If No, provide (a) description of property location in relationship to the SOI boundary, (b) identify

other agencies with jurisdiction over area in which property is located, and (c) attach a project area map showing parcel/s, SOI boundary of agency requesting service, and SOI boundary/ies of other agency’s that may provide service.

Description:______________________________________________________________________

________________________________________________________________________________

Other Agencies that could provide service:_________________________________

______________________________________________________________________

6d. How is the property currently used? ____ Residential ____ Commercial ____ Agriculture____ Vacant/Undeveloped

____ Church, school, other public use _____Industrial ____Habitat, Recreation

6e. What is current zoning designation? ___________________________________

General Plan designation?____________________________________________

Provide the following land use maps with legends for the project site and immediately adjacent parcels, and clearly identify the project site; County General Plan; City General Plan; Existing Land Use Zones; Prezone if applicable; and Community/Specific Plan if applicable. 6f. Are there any development or building applications on file that would authorize a different or

higher density on the subject property/ies or adjacent property/ies? If Yes, explain and attach a list of projects and application processing numbers. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6g. Is property inhabited? ___ Yes ___ No If Yes, how many residents? _____

3

6h. Provide the number of existing dwelling units/buildings on the property. Single family: ____ Multi-Family: ____ Commercial/Industrial: _________________

Square footage for commercial industrial ___________________________________

6i. Are there other service contracts/agreements currently in effect to serve this parcel or adjoining

parcels? __ Yes __ No If Yes, (a) explain and (b) attach 2 copies of other agreements or contracts. ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

6j. Adjacent Land Uses.

Existing Land Uses General Plan Designation Zoning Designation North South East West

7. Environmental Review This application is subject to the requirements of the California Environmental Quality Act (CEQA). If CEQA review has already been undertaken by another agency, please provide two copies of the environmental documentation including the Notice of Exemption or Notice of Determination and proof of payment of applicable State Fish and Game Department Fees. 7a. Lead Agency. _____________________________________________________ 7b. Responsible Agency/ies. ____________________________________________ 7c. Type of action taken: ____ Exemption ____ Negative Declaration ____ Environmental Impact Report 7d. Date of Certification/Adoption: ______________ 8. Contract Service Issues 8a. Explain how services are to be extended, what the costs of extension will be and how the costs

will be financed? ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

4

8b. Will the provision of services be growth inducing? Explain. ________________________________________________________________________________

________________________________________________________________________________

8c. Does the proposed service provider have existing capacity to serve the project site?

________________________________________________________________________________

________________________________________________________________________________

8d. Will existing customers continue to receive the same or higher level of service if this project is approved? Will the same level of service be provided to the project site as other customers receive? ________________________________________________________________________________

________________________________________________________________________________

9. Justification for Out of Area Service Agreement Unless there is a threat to public health or safety, the jurisdiction must justify why a service agreement is being considered instead of an application for annexation. 9a. Public Health or Safety Condition

i. Is there a public health or safety emergency? ____ Yes ____ No

ii. If yes, (a) summarize the nature, extent and duration of the emergency condition (Attached additional page(s) if needed) and (b) attach a copy of certification from appropriate Public Health Officials and any additional information verifying existence of emergency situation.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

iii. What alternatives have been explored to mitigate emergency situation in lieu of executing

out of agency service agreement? _____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

iv. Is Interim Emergency Approval (expedited review) requested? __ Yes ___ No

5

9b. Other Special Circumstances What are other special conditions or unique circumstances that justify use of an out of area service agreement in lieu of filing for annexation? Respond to following (use extra sheet of paper if necessary): Has annexation been considered? ___ Yes ___ No

Why was it found infeasible?

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

What barriers need to be overcome before filing an annexation application?

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

How long would the annexation be anticipated to take?__________________________

Is there a contractual obligation? ___________________________________________

Explanation: ___________________________________________________________

______________________________________________________________________

10. Public Notice, Disclosure, and Other Requirements 10a. Provide an 8 ½” X 11” map indicating the project site and identifying all parcels adjacent to and

within 300 feet of the project site. Outer boundaries (not adjacent to project site) of large parcels need not be identified. All parcel numbers need to be indicated. (See Appendix E, Exhibit H)

10b. Provide a list of all parcel numbers within the 300 foot radius and include the name and address

of the property owner as of the most recent assessment roll being prepared. 10c. Provide signed financial disclosure statement/s (See Appendix E, Exhibit C) pursuant to

Government Code Section 56700.1. 10d. Provide one copy of an indemnification agreement (See Appendix E, Exhibit I). 10e. Provide two sets of original mailing labels that separately identify applicants, affected agencies,

school districts, registered voters and landowners on project site, property owners within 300 feet of project site, and any other party to which notification must be provided. Labels must be current and complete and in Avery 5160 format.

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11. Final Comments

11a. List any conditions LAFCo should include in its resolution for approval. 11b. Provide any other comments or justifications regarding the proposal from any affected local

agency, landowner or resident. 11c. Enclose all pertinent staff reports and supporting documentation related to this proposal. Note

any changes in the approved project that are not reflected in these materials. 12. Certification I hereby certify that the above information and accompanying documents are true and correct to the best of my knowledge. I hereby agree to pay all required filing and processing fees as may be needed to complete this application. Further, I understand that LAFCo will not be process an incomplete application and that LAFCo’s adopted Procedures require that specific documentation be submitted as part of this application. ___________________________________________ Name of Applicant's Authorized Representative ___________________________________________ Signature of Applicant's Authorized Representative _____________________ Date

(revised December 2006)

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ALAMEDA LOCAL AGENCY FORMATION COMMISSION

INSTRUCTIONS FOR PREPARATION OF

MAPS AND GEOGRAPHIC DESCRIPTIONS

I. INSTRUCTIONS This set of instructions is to guide an Applicant or Authorized Representative regarding the specific requirements for preparation of the Map/s and Geographici Description/s which are required to accompany any change of organization or reorganization proposal filed with the Alameda Local Agency Formation Commission (LAFCo). These instructions are a composite of those established by the County Assessor, County Recorder, County Public Works Agency, State Board of Equalization and State statute.

Current LAFCo policy requires that Annexation, Detachment and Reorganization Maps and their accompanying Geographic Descriptions be approved by the County Surveyor before LAFCo will deem an application complete and calendar it for a hearing before the LAFCo Commission.

LAFCo policy also requires that the Applicant or Authorized Representative bears the cost of the review performed by the County Surveyor. The County Surveyor’s office requires that the applicant post an initial deposit check in the amount of $5,000.00 for staff review of the Map/s and Geographic Description/s. The deposit check must be received prior to the County Surveyor’s Office beginning its review. If the cost of the review is less than the cash deposit, any money remaining will be refunded to the applicant. If, however, the review costs exceed the amount of the cash deposit, additional deposits will be necessary to complete the review.

The County Surveyor’s Office reviews the documents, notes suggested revisions and returns the annotated documents to the Professional Land Surveyor or Registered Engineer authorized to practice land surveying and a copy of these annotated documents to the Applicant or Authorized Representative and to any listed Contacts (see II. Initial Submittal Requirements). The County Surveyor’s Office deals directly with the Applicant or Authorized Representative requesting the boundary change and the Professional Land Surveyor or Registered Engineer preparing the Map/s and Geographic Description/s in the review process, resulting

(revised December 2006)

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in the County Surveyor’s approval of the Map/s and Geographic Description/s. The LAFCo office is not involved in this phase.

In certain situations the County Surveyor’s Office may be available to prepare the

required Annexation, Detachment and Reorganization Map/s and Geographic Description/s.

When the Map/s and Geographic Description/s are approved, the County

Surveyor notifies LAFCo, at which time the Applicant or Authorized Representative requesting the boundary change submits an application to LAFCo and includes a copy of the approved Map/s and Geographic Description/s.

The County Surveyor’s Office then requests the original signed and stamped

Map/s and Geographic Description/s from the Professional Land Surveyor or Registered Engineer authorized to practice land surveying.

Upon approval of the change of organization or reorganization by LAFCo, the

County Surveyor signs and stamps the original Map/s and Geographic Description/s and forwards them to LAFCo for filing and recording with the Alameda County Recorder. If required for tax sharing purpose, LAFCo also files the documents with the State Board of Equalization.

You are strongly encouraged to consult with one of the following representatives in the County Public Works Agency - Survey Division who are LAFCo’s expert resource in this particular area, prior to the submittal of an Annexation, Detachment or Reorganization Map/s and accompanying Geographic Description/s:

Joanne Fetzer, P.L.S., Land Surveyor Telephone: 510.670.5567 Email: mailto:joanne@acpwa.org

Al Jordan, P.L.S., Associate Land Surveyor

Telephone: 510.670.5469 Email: al@acpwa.org

Reid Penland, P.L.S., County Surveyor

Telephone: 510.670.5495 Email: reid@acpwa.org

(revised December 2006)

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II. INITIAL SUBMITTAL REQUIREMENTS Each submittal package for a change of organization or reorganization filed with the Alameda County Surveyor shall include the following:

3 paper copies of the Map of the proposed Annexation, Detachment or Reorganization signed and stamped by the Professional Land Surveyor or Registered Engineer authorized to practice land surveying.

3 copies of the Geographic Description of the proposed Annexation, Detachment,

or Reorganization signed and stamped by the Professional Land Surveyor or Registered Engineer authorized to practice land surveying.

1 legible copy of each deed cited on the Map. If the deed refers to a supporting

deed, please also submit the supporting deed.

1 copy of the Map and/or Geographic Description for each existing annexations cited on the Map.

Closure calculations showing area.

(Note: If the boundary of the proposed Annexation/Detachment is a composite of record information, the boundary will rarely close within acceptable limits for error. This is allowed.)

Contact name, address and phone number of affected agencies.

Assessor’s Parcel Map/s of the territory involved.

An initial deposit check for $5,000.00 made out to Alameda County Treasurer.

III. FINAL SUBMITTAL REQUIREMENTS

1 original permanent mylar of the Map/s signed and stamped by the Professional Land Surveyor or Registered Engineer authorized to practice land surveying.

1 mylar copy of the original signed and stamped Map/s.

1 original Geographic Description/s signed and stamped by the Professional

Land Surveyor or Registered Engineer authorized to practice land surveying. 1 paper copy of the original signed and stamped Map/s and Geographic

Description/s.

(revised December 2006)

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(Note: If the applicant and/or Authorized Representative, Professional Land Surveyor or Registered Engineer authorized to practice land surveying wishes to have file copies of the final certified recorded/filed Map and/or Geographic Description, it is their responsibility to submit one or more additional mylar Maps and/or approved Description/s. After the final certified Map and Geographic Description have been filed and recorded, the LAFCo Executive Officer will mail these file copies to the person/s requesting them.)

Submittals are to be sent to the County Surveyor’s Office located at: Alameda County Public Works Agency 399 Elmhurst Street Hayward, CA 94544-1307

IV. GENERAL INFORMATION

Each boundary change proposed as part of a re-organization must have a separate Map unless the boundaries affected by the reorganization are identical. If the boundaries are identical, one Geographic Description and one Map will be sufficient provided that all ties and references to existing city and district boundaries are referenced.

Cross Referencing: When two Annexations share the same boundary, but are

depicted on their own separate Map and Geographic Description, properly note this “coincident” condition on both Maps and both Geographic Descriptions.

Boundaries should follow existing political boundaries and natural or man-made

features such as rivers, lakes, railroads, tracts and freeways.

Proposals to form new cities or to annex to existing cities should not divide jurisdiction or responsibility for maintenance within the road right-of-way lines. Such proposals should take either the entire width or none of it at all.

Islands and strips shall be disapproved or strongly discouraged.

Streets should be crossed at right angles. If a street is crossed from a curve,

individual annexation or detachment situations will dictate how this is done.

Legibility of the Geographic Description and Map is essential for present readability and future scanning.

(revised December 2006)

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V. LEGAL DESCRIPTIONS

The Geographic Description shall be labeled EXHIBIT “I”.

Title: The title of the Description must be the same as the title of the Map and

must appear at the top of each page of the Description.

The Geographic Description must be self-sufficient within itself without the necessity for reference to any extraneous documents. When a Description refers to a deed of record, the deed should be used only as a secondary call.

Preamble: The Description shall include a preamble citing the appropriate city or

judicial township or Government Section, Township and Range, Section Number(s) and/or Rancho(s) and County of Alameda, State of California.

The written Geographic Description shall be expressed as either a bearings and

distances description, a bounding description, as a specific parcel description in sectionalized land (e.g., The SW ¼ of Section 22, T 1 N, R 1 W), or a combination of these types. When the Description is by bearings and distances, all courses shall be numbered and listed individually in a consistent clockwise direction. The Description shall not be written in a narrative format. All courses required to close the traverse of the project area must be stated.

Following are examples of unacceptable and acceptable Descriptions:

Unacceptable: (This description refers only to extraneous documents and does not stand alone.) “From the point of beginning, northerly to the southwest corner of that certain parcel recorded December 26, 2001 under Series No. 2001501015; thence northeasterly to the westerly line of that certain parcel recorded August 17, 2000 under Series No. 2000247984, Records of the Alameda County Recorder…”

Acceptable: (This is the same description with the courses numbered and

the bearings and distances added.) “From the point of beginning: Course 1. N 3º24’16” E a distance of 1425.04’ to the southwest corner of

that certain parcel recorded December 26, 2001 under Series No. 2001501015; thence

(revised December 2006)

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V. LEGAL DESCRIPTIONS

The Geographic Description shall be labeled EXHIBIT “I”.

Title: The title of the Description must be the same as the title of the Map and

must appear at the top of each page of the Description.

The Geographic Description must be self-sufficient within itself without the necessity for reference to any extraneous documents. When a Description refers to a deed of record, the deed should be used only as a secondary call.

Preamble: The Description shall include a preamble citing the appropriate city or

judicial township or Government Section, Township and Range, Section Number(s) and/or Rancho(s) and County of Alameda, State of California.

The written Geographic Description shall be expressed as either a bearings and

distances description, a bounding description, as a specific parcel description in sectionalized land (e.g., The SW ¼ of Section 22, T 1 N, R 1 W), or a combination of these types. When the Description is by bearings and distances, all courses shall be numbered and listed individually in a consistent clockwise direction. The Description shall not be written in a narrative format. All courses required to close the traverse of the project area must be stated.

Following are examples of unacceptable and acceptable Descriptions:

Unacceptable: (This description refers only to extraneous documents and does not stand alone.) “From the point of beginning, northerly to the southwest corner of that certain parcel recorded December 26, 2001 under Series No. 2001501015; thence northeasterly to the westerly line of that certain parcel recorded August 17, 2000 under Series No. 2000247984, Records of the Alameda County Recorder…”

Acceptable: (This is the same description with the courses numbered and

the bearings and distances added.) “From the point of beginning: Course 1. N 3º24’16” E a distance of 1425.04’ to the southwest corner of

that certain parcel recorded December 26, 2001 under Series No. 2001501015; thence

(revised December 2006)

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VI. MAPS

The Map shall be labeled EXHIBIT “A”.

All Maps shall be professionally and accurately drawn or copied.

Maps will be filed with the County Recorder in a map book and must satisfy the Recorder’s requirements for size, type of material, ink, etc. The overall size is 18” x 26” with one-inch margins.

For the format of the Title Block see Attachment B.

Standard Notes and Statements are to be placed on all Maps and can be found

in Attachment C.

The Map shall be drawn to a scale common to the industry. Minimum scale examples are:

Acreage Within Project Area Minimum Map Scales 1-40 acres 1” = 100’ 41-200 acres 1” = 200’ (For a multiple-area filing, the size of each single area should determine the map scale.) If any segment of the boundary is shorter than 1/40th of the map scale (i.e., 3m on a 1:5000 scale map or 10 feet on a 1” = 400 foot scale map) that segment should be shown in an enlarged detail and/or by using a Line/Curve Table.

Miscellaneous Requirements:

· Vicinity Map · North Arrow · Scale Designation · Graphic Scale · Sheet Number · Date of preparation or latest revision of data (or both) · Area of each “single area” · Total area of the proposed Annexation/Detachment/Reorganization · Legend

Legend: The existing boundary line and the proposed boundary line shall be

drafted so that one can be easily distinguished from the other; both shall be in contrast with other lines shown on the Map. The boundary of the proposed

(revised December 2006)

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Annexation, Detachment, or Reorganization shall be the most predominant line on the Map. The proposed boundary line shall not exceed 1.5 millimeters in width.

Multiple Sheets: A key map giving the relationship of the several sheets shall be

furnished. Match lines between adjoining sheets shall be used. Proposed boundary lines must stop at match lines; however, other delineations and existing geographic features may extend beyond match lines.

Each Map shall have numbered courses matching the written Geographic

Description. Index tables may be utilized.

All property lines within the proposed Annexation, Detachment, or Reorganization are to be shown. All property lines immediately adjacent to and outside the proposed Annexation, Detachment, or Reorganization are to be shown.

The current deed and recording data, including the property owner’s name, the

deed Series Number (or Reel and Image), and the recording date, must be shown for all properties within the proposed Annexation, Detachment, or Reorganization and for all properties immediately adjacent to, and outside, the proposed Annexation, Detachment, or Reorganization. However, ownership and deed references for properties lying within existing boundaries of the city/special district need not be shown.

The Assessor’s Parcel Number must be shown for all parcels abutting both

sides of the proposed boundary. Interior parcels that do not touch the exterior boundary need not be identified. Assessor parcel numbers are not needed for parcels outside the annexation boundary that are separated from the boundary line by a road.

Applicable essential geographic and political features must be clearly indicated

on the Map. Every Map must clearly indicate all existing streets, roads, and highways, together with the current names and widths of these thoroughfares, within and adjacent to the subject territory. The relationship of the subject territory to street rights-of-way and street centerlines must be clearly indicated. Other examples of geographic or political features are: Township and Range, Section lines and numbers, or Ranchos that are in proximity of the project area; parcel or lot line and numbers; railroad tracks and rights-of-way; levies; waterways; shorelines; any easement or right-of-way that is referenced in the geographic description; any and all geographic features referenced in the geographic description (e.g., “Thence following the southwesterly bank of the San Lorenzo Creek…..”), etc.

(revised December 2006)

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(Note: On very large proposed Annexations/Detachments/Reorganizations the roadways near the boundary on both sides need to be shown. Only major streets, roads, and highways need to be shown in the interior portion of these large subject territories.)

Existing City/Special District Boundary: All prior annexations contiguous with,

and in close proximity to, the subject territory shall be shown and list all of the available information of the following:

For certificates of completion:

Annexation number or name Resolving agency name LAFCo resolution or ordinance number Date of adoption Recording date and series number (or book and page or reel and image)

For maps: Filing date Book and page Series number

If the resolution/s or ordinance/s was adopted by the Alameda County Board of Supervisors: Minute book and page, or reel and image Other filing/recording data will be accepted when the above are not available. (e.g. the City or Agency’s adopting Resolution Number and recording date.)

The Point of Commencement (POC) and/or Point of Beginning (POB) shall be

clearly shown on the Map and match the written Geographic Description.

The right-of-way of a State freeway on the Map does not require bearings and distances.

The Map shall be signed and stamped by a Professional Land Surveyor or a

Registered Engineer authorized to practice land surveying. The license or registration expiration date shall be shown.

VII. DIGITAL MAPS

It is recommended that Maps be submitted in electronic/digital form. Maps that are filed electronically shall conform to the same requirements as described in this section under Maps. Additional items for digital Maps are as follows:

(revised December 2006)

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Required files – The disc or CD shall contain only the following files:

a. Map/drawing file(s) using AutoCAD.dwg format in vector format:

Plotting: The Map drawing file shall have the same appropriate borders, legends, title blocks, signature block and any necessary information that is required for a manually drawn Map.

Scale: The drawing shall be at real-world scale. Layers: A listing of the layers and their definitions shall be included in the

“read_me” file. File Format: Files shall be in vector format only. Raster files, raster-vector

hybrid, .pdf., tiff, .pcx, .eps, .gif, .jpeg or any other image formats will not be accepted.

Compressed Files: Files shall be uncompressed; compressed files will not be accepted.

b. A text file labeled “read_me” listing:

The name, address, and phone number of the agency/special district County name and city or district name Project/short title of the action Name, address and phone number of office that prepared the Map file List of files on the disk or CD Map projection and datum Layer definitions Sheet size Plotting scale Date of creation

c. Labels: The disk or CD must have a label that identifies:

The agency and/or special district submitting the Map Name of the project/short title County name(s) Date of creation

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Attachment A

STANDARD NOTES AND STATEMENTS

FOR GEOGRAPHIC DESCRIPTIONS (To be placed on all geographic descriptions after the acreage.)

Prepared By: _______________________________ (Stamp) (Name) (PLS or RCE Number) (Expiration Date) Standard Notes:

1) References to the existing boundary line of the (name of city or district) are primary calls. Any bearings or distances referred to herein should be considered secondary.

Standard Statements:

1) The boundary line of the territory is shown on the map of (title of project as shown in the Title Block on the map) to the (name of city or district) , approved by LAFCo Resolution No. , on the day of , 200 ; said map was certified by the County Surveyor on the day of , 200 .

2) This description conforms to the requirements of the Alameda County Local Agency Formation Commission.

Daniel Woldesenbet, Ph.D., P.E. Director of Public Works County of Alameda By: __________________________________ Russell Reid Penland, Jr. County Surveyor L.S. 5726, Expires 12/31/07

Attachment B

TITLE BLOCK

Company Name Address (optional)

Phone No., etc. (optional) (This information can be placed anywhere.)

EXHIBIT “A”

TITLE OF PROJECT TO (city or special district)

BY LAFCo RESOLUTION NO.________

ON ________________

Date: (Date map originally drawn) Scale: 1” = ____ Revision Date: (Last revision)

(revised December 2006)

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SHEET 1 OF 1

(revised December 2006)

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Attachment C

STANDARD NOTES AND STATEMENTS FOR MAPS

Standard Notes: 1) The method used to calculate this area was by (complete as appropriate – i.e.:

planimeter, digitizer, coordinate geometry, traverse, etc.). 2) Primary calls are references to existing boundaries, i.e. City/District of _______,

subdivision maps, Assessor’s Parcels. Bearings and Distances shown hereon should be considered secondary.

3) As a drafting convention, the small separations between portions of the line work

around the boundary of the proposed annexation and areas outside this boundary, if applicable, were provided to allow multiple descriptions to be placed on what would otherwise be a single line. These lines are to be considered coincident except where noted.

Standard Statements: 1) This map conforms to the requirements of the Local Agency Formation Commission

of Alameda County.

Daniel Woldesenbet, Ph.D., P.E. Director of Public Works

By:_________________________________ Date:________________________ Russell Reid Penland, Jr., County Surveyor L.S. 5726, Expires 12/31/07

2) This map, when filed, was accompanied by a Certificate of Completion and certified

copy of the boundary description delineated hereon, as required by Section 57203 of the Government Code.

_____________________________________ Date:________________________ Crystal Hishida Graff LAFCo Executive Officer

(revised December 2006)

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3) For Applications Initiated by Resolution:

This map is filed at the request of the city/special district of ___________ at ______ minutes past ______ M. on the _____ day of ________, 200_, in Book______of Maps, at Page(s)__________, Series No.________________; the Certificate of Completion and boundary description are recorded in Series No.________________ of Official Records, all in the Office of the Recorder of Alameda County, California.

Patrick J. O’Connell County Recorder

By:____________________________ Deputy County Recorder

4) For Applications Initiated by Petition:

This map is filed at the request of the Local Agency Formation Commission at ______ minutes past _____ M. on the ______ day of _____________, 200_, in Book_____of Maps, at Page(s) __________, Series No.________________; the Certificate of Completion and boundary description are recorded in Series No.________________of Official Records, all in the Office of the Recorder of Alameda County, California.

Patrick J. O’Connell County Recorder

By:____________________________ Deputy County Recorder

(Can be placed anywhere on map): This map was prepared by me or under my supervision. ________________________________________ Date:________________ (Name) (PLS or RCE Number) (Expiration Date) (stamp) iThese Guidelines conspicuously adopt the State Board of Equalization’s term and corresponding definition for a “Geographic Description.” These descriptions are still to be signed and sealed by a Professional Land Surveyor or Registered Engineer authorized to practice land surveying.

Appendix D - Special District Preliminary Report Requirements

(For Studies of Proposed Changes Of Organization Or Reorganization) This Preliminary Report template is intended to provide a consistent format for compilation of information necessary to support LAFCo decisions on various proposals. Each agency, subject to a proposed change of organization or reorganization proposal, is required to provide the information requested. The amount and type of information required will vary in relation to the size and complexity of the agency or district, and the complexity of proposal related issues. If service review determinations have already been rendered pursuant to Section 56430, the preliminary report may only need to contain updated information. If a service review has never been prepared, a service review will generally need to be conducted prior to consideration of changes in organization or reorganization. To avoid unnecessary agency work and ensure that LAFCo receives all necessary information, it is recommended that agency staff discuss information requirements with LAFCo staff prior to preparing a preliminary report. The following outline includes brief descriptions of the required information items. AGENCY NAME/S. _____________________________________________________

_____________________________________________________________________

I. BACKGROUND. A. Define or outline agency mission, goals and service objectives. B. Provide reasons or justifications for the proposal. State the reasons for

conducting the proposed reorganization study. Any prior reorganization related studies should be referenced as well as agency efforts to coordinate programs.

C. Agency Authority. Provide a brief outline of the enabling legislation and key

statutory authority to clarify reasons for current levels of service, areas of similarity, overlap, service disparity between agencies, latent powers, other identified concerns and issues.

D. Agency Access and Accountability. Provide a brief description of each agency’s

current accessibility and accountability to the public, responsibilities to regulatory agencies and contractual obligations. Include a brief description of the governing body structure, composition and accessibility, community participation and agency use of volunteers.

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II. SERVICE INFORMATION. A. Services. Provide a description of services including measures of responsiveness

or levels of service, relevant information on the operating facilities, per unit costs of providing services, and service quality and capacity (%) where appropriate (See Part III, Sections 2.24 and 2.25).

B. Service Area. Provide basic data on the service area including geographic area

(square miles), a map of the service area, population served, service contracts, potential service expansion or any other long range plans.

III. FINANCIAL INFORMATION. A. Expenses. Expenses for each agency included in a study should be provided in

comparable units and terms to permit financial comparison. Provide the following cost data for three fiscal years (past, current, next) in identifiable units of measurement.

1. No. of employees 2. Salaries/Benefits 3. O & M 4. Capital improvements/fixed assets 5. Per unit cost 6. Total expenditures B. Revenues. Revenues for each agency included in a study should be provided in

comparable units and terms to permit financial comparison. Revenues will vary from agency to agency. However, the amount and percent of revenue types (property taxes, service charges, contracts, one-time grants, interest earnings, connection fees, and redevelopment fees) should be listed for comparison purposes. List or describe any restrictions on the use of certain revenues.

1. Property taxes

2. Service charges 3. Contracts 4. Interest earnings 5. Restrictions 6. Connection fees 7. Redevelopment fees 8. Available fund balance 9. Other C. Assets, Liabilities and Debts. Identify all significant assets, liabilities and debts,

including any potential liabilities. An explanation of outstanding liabilities could include items such as accrued employee benefits, pending litigation, bonds, and capital improvement commitments.

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Assets Liabilities Debts

1. Capital Capital Leases 2. Equipment Accrued (employee) benefits Debt services (e.g. COPs) 3. Facilities Pending litigation Other 4. Land Other 5. Other D. Reserves. Identify and label all appropriated and/or unappropriated reserve funds. E. Bond Rating. List bonds and provide known or expected bond ratings if applicable. IV. SUMMARY. Briefly describe significant issues and potential related impacts. Do not include specific recommendations. The summary should include: A. Financial Stability. Each agency should be able to outline with reasonable

confidence its financial condition and overall stability in the near and long term. B. Core Issues. Identify significant reorganization issues; for example, issues that will

result in changes in the cost or adequacy of services or an agency’s financial health.

C. Positive Impacts of Considered Government Structure Change. Identify and

discuss significant, identifiable improvements to service delivery, cost effectiveness, public access and accountability or other factors.

D. Negative Impacts of Government Structure Change. Identify and discuss

significant, identifiable potential negative impacts upon service delivery, cost effectiveness, public access and accountability or other factors. Potential negative impacts should be stated in the same form or format as potential positive impacts to facilitate comparison of the reorganization’s costs and benefits.

E. Proposal Alternatives. There may be feasible alternatives to the proposal. If so,

they should be identified for early consideration. If the desire to initiate a reorganization stems from a desire to correct a deficiency of any affected agency, explain the circumstances.

F. Avoidable Problems. Problems resulting from the reorganization, such as

changes in service delivery or response times, employee lay-offs, or impacts on service fees, should be identified to the extent feasible. Potential terms, conditions or mitigation measures that LAFCO could adopt should be identified and discussed.

45

G. Unavoidable Problems. Identify and describe conditions or problems that appear to be difficult or infeasible to resolve.

H. Legal Issues. Briefly describe legal or statutory issues that need to be addressed

by LAFCO.

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Appendix E - Miscellaneous Forms and Exhibits

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Exhibit A - Notice of Intent To Circulate a Petition

Project Proponent(s) Name: ___________________________________________ Address: _____________________________________________________________ ______________________________________________________________________ Phone: _____________ FAX: ______________ E-Mail Address: ______________ Notice is hereby given of the intention to circulate a petition proposing to ______________________________________________________________________ The reasons for circulating the Petition are (not to exceed 500 words): _____________________________________________________ __________ Signature of Project Proponent or Proponent’s Representative Date

49

Exhibit B - Protest of LAFCo Approval In accordance with Part 3, Division 3, Title 5 of the California Government Code Sections 56000 et sequitur (Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000), the undersigned hereby protest the following: ____________________________________________________________________________ (Proposal Name and Project Number) Protest Type (check appropriate box):

REGISTERED VOTER PROTEST (provide address on voter’s registration card) LANDOWNER PROTEST (provide parcel number & address of property in protest

area)

Registered voter, landowner, or landowner’s agent

Address/Parcel Number Date Signed

Official Use Only

Sign________________________ Print________________________

Sign________________________ Print________________________

Sign________________________ Print________________________

Sign________________________ Print________________________

Sign________________________ Print________________________

Sign________________________ Print________________________

Sign________________________ Print________________________

Sign________________________ Print________________________

Protests without date or bearing date prior to publication of protest hearing notice or after the protest hearing are invalid. Only signatures of residents or landowners of territory in the affected city or district, as designated by LAFCo, is qualified to sign.

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Exhibit C - Financial Disclosure Statement

Local Agency Formation Commission of Alameda County FINANCIAL DISCLOSURE STATEMENT

Consistent with the requirements of the State of California Fair Political Practices Commission, each applicant or their agent must complete and submit this Statement of Disclosure form with any application that requires discretionary action by Alameda LAFCo (Government Code Section 84308 of the Political Reform Act). Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." 1. List the names of all persons having any ownership interest in the property

involved or any financial interest in the application. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 2. If any person identified pursuant to #1 is a corporation or partnership, list the

names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership.

_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 3. If any person identified pursuant to #1 is a non-profit organization or a trust,

list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.

____________________________________________________________________ _________________________________ ___________________________________ _________________________________ ___________________________________ 4. Has any person identified pursuant to #1 had $250 or more worth of business

transacted with any Commissioner or Alternate or Commission staff person within the past 12 months? Yes / No ____

If “Yes”, please indicate person’s name/s: ____________________________________ _____________________________________________________________________

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5. Has any person identified pursuant to #1, or his or her agent, contributed $250

or more to any Commissioner or Alternate within the past 12 months? Yes ____ No ____ If Yes, please indicate person(s) or agent(s) making contribution: __________________________________________________________________________________________________________________________________________ and name/s of Commissioner(s)/Alternate(s) receiving contribution: ____________________________________________________________________ I HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE INFORMATION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. ______________________________________________________ Name/Title and Number of Application (Please print or type) ______________________________________________________ Name of Applicant (Please print or type) ___________________________________ ________________ Signature of Applicant Date ____________________________________ ________________ Signature of Applicant Date ____________________________________ ________________ Signature of Applicant Date ____________________________________ ________________ Signature of Applicant Date

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Exhibit D - Landowner/Voter Petition

SAMPLE PETITION For Proceedings Pursuant to the Cortese-Knox-Hertzberg

Local Government Reorganization Act of 2000 Instructions: Petitioner(s) are also required to complete and sign the Alameda Local Agency Formation Application Questionnaire. The undersigned hereby petition(s) the Local Agency Formation Commission of Alameda County for approval of a proposed change of organization or reorganization, and stipulate(s) as follows: 1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California

Government Code (Sections 56000 et sequitur, Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000).

2. The specific change(s) of organization proposed (i.e., annexation, detachment,

reorganization, etc.) is/are: ___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

3. The boundaries of the territory(ies) included in the proposal are as described

in Exhibit(s) ____ attached hereto and by this reference incorporated herein. 4. The territory(ies) included in the proposal is/are: ____ Inhabited (12 or more registered voters) OR ____ Uninhabited. 5. This proposal is/is not consistent with the Sphere(s) of Influence of the

affected city and/or district(s). 6. The reason(s) for the proposed _______________________________________

(annexation, detachment, reorganization, etc.) is/are: ___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

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7. It is requested that the proposed ___________________________ be approved subject to the following terms and conditions: ___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

8. The Petition signers have signed as: __ Registered Voters OR __ Landowners. 9. If the formation of a new district is included in the proposal state: A. The principal act under which the district is proposed to be formed:

________________________________________________________________.

B. The proposed district name is: _____________________________________

C. The boundaries of the proposed new district as described in Exhibit ___ are heretofore incorporated herein.

10. If an incorporation is included in the proposal: A. The proposed name of the new city is: ______________________________. B. Provisions are requested for appointment of: ____ City Manager ____ City Clerk ____ City Treasurer 11. If the proposal includes a special district consolidation, the proposed district

name is: __________________________________________________________.

WHEREFORE, petitioner(s) request(s) that proceedings be taken in accordance with the provisions of Sections 56000, et seq., of the Government Code and herewith affix signature(s) as follows: CHIEF PETITIONERS (not to exceed three): Name: (Please print)____________________________________________________

Signature: ___________________________________________________________

Residence Address: ___________________________________________________

_____________________________________________________________________

Date Signed: ________________________ A.P.N.: _________________________

A.P.N. = Assessor's Parcel Number (required for landowner petition)

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Name: (Please print)____________________________________________________

Signature: ___________________________________________________________

Residence Address: ___________________________________________________

_____________________________________________________________________

Date Signed: ________________________ A.P.N.: _________________________

Name: (Please print)____________________________________________________

Signature: ___________________________________________________________

Residence Address: ___________________________________________________

_____________________________________________________________________

Date Signed: ________________________ A.P.N.: _________________________

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Exhibit E - Sample Resolution of Application

Resolution No. _________________

A RESOLUTION OF APPLICATION BY THE ________________________________________

REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO BEGIN PROCEEDINGS FOR THE

____________________________________________________________________ BE IT RESOLVED, by the City Council of the City of _________________/ Board of Directors of the ____________________________ District, that WHEREAS, the City of ____________________/ ______________________ District desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for the ______________________________________ (annexation, reorganization, detachment, etc.); and WHEREAS, notice of intent to adopt this resolution of application has/has not been given to each interested and each subject agency; and WHEREAS, the territory proposed to be ____________________________ (annexed, detached, reorganized, etc.) is inhabited/uninhabited, and a description of the boundaries of the territory is set forth in Exhibit ____ attached hereto and by this release incorporated herein; and WHEREAS, this proposal is/is not consistent with the Sphere of Influence of the affected city and/or district(s); and WHEREAS, it is desired to provide that the proposed _____________________ (annexation, reorganization, detachment, etc.) be subject to the following terms and conditions: 1. 2. 3. ; and WHEREAS, the reasons for the proposed ____________________________ (annexation, reorganization, detachment, etc.) are as follows:

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______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

____________________________________________________________; and

WHEREAS, this Council/Board certifies that: (Findings pursuant to CEQA if any) WHEREAS, the Council/Board have agreed to an exchange of property tax revenues as follows: NOW, THEREFORE, BE IT RESOLVED that this Resolution of Application is hereby adopted and approved by the City Council of the City of __________________/ Board of Directors of the __________________________ District, and the Local Agency Formation Commission of Alameda County is hereby requested to take proceedings for the ____________________________ of territory as described in Exhibit ________, according to the terms and conditions stated above and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. Passed and adopted by the City Council of the City of _________________________/ Board of Directors of the ___________________ District as a regular/special meeting thereof held on the ___________ day of _________________, 19___, by the following vote: Ayes: Noes: Absent: ATTEST: APPROVED BY:

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Exhibit F - Landowner Consent to Annexation Form Local Agency Formation Commission of Alameda County LANDOWNER CONSENT TO ANNEXATION Name/Title of Proposal: ________________________________________________

_____________________________________________________________________

Project Number: _________________________ Name of Applicant: ____________________________________________________ I/We, the undersigned, constitute all the owners of the following parcel(s) of land: Assessor’s Parcel No. ___________________________ No. of Acres ___________ Assessor’s Parcel No. ___________________________ No. of Acres ___________ Assessor’s Parcel No. ___________________________ No. of Acres ___________ Assessor’s Parcel No. ___________________________ No. of Acres ___________ Assessor’s Parcel No. ___________________________ No. of Acres ___________ I/We, the undersigned, hereby make Application for Annexation of the above referenced parcels into: _____________________________________________________________________ Name of Annexing Local Agency and, furthermore, hereby agree not to protest this annexation. Name of Property Owner (Please print or type)

Signature of Property Owner

Date Signed

Parcel No.

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Exhibit G - Sample 300 Foot Radius Map

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Appendix F - Service Review Questionnaire Template

At least once every five years, all municipal services in Alameda County are reviewed as part of SOI updates [See I-H (5) and III (18.0)]. The following information items need to be provided by affected service providers as part of the service review process. Whenever a change of organization or reorganization is requested, the affected service provider will be asked to reaffirm or update information previously reviewed by LAFCo. If a service review is unavailable (all reviews will not be completed until January 1, 2006), the service provider will need to provide the information requested, and complete the forms contained in this Appendix. The Executive Officer is available to meet with agency staff to explain the process and explain which items, if any, may be inapplicable. If a substantial SOI amendment or SOI update is included in a proposal, a service review is necessary prior to proposal processing. Please type answers to the following items onto the forms labeled Tables 1-10. 2 If the requested item is a document or several pages, please attach the item, or include in the response package and note the Table and item number on the attachment. Please use the space provided on this form to note that an item is attached, and cite page references if applicable

2 The table is available in Word or WordPerfect upon request.