CHAPTER IV. — GENERAL POLICIES THAT APPLY FOR ALL APPLICATIONS

This section includes general policies, requirements and criteria that apply to all LAFCO actions. There may be cases where the Commission must use its discretion in the application of these policies so that potential or real conflicts among policies are balanced and resolved based on project specifics and consistent with the requirements of Cortese-Knox-Hertzberg.

A. APPLICATIONS TO LAFCO

1. All applications for consideration by the Commission are to be submitted on LAFCO application forms.

2. Applications will be processed in an efficient manner while ensuring compliance with the Cortese-Knox-Hertzberg Act. To that end the applicant or the applicant’s representative shall be required to attend a pre-application submittal meeting to receive direction regarding the processing needs and requirements of the specific action to be considered.

3. Applicants will be required to provide information adequate to permit LAFCO to fully consider all factors required by law including, but not limited to, the requirements of Sections 56375, 56425, 56430, 56650, 56653, 56668 and CEQA.

4. Any application submitted to LAFCO is considered a preliminary submittal and will not be deemed complete until such time as all required information, fees, and materials are received.

5. No application for city annexation shall be deemed filed until prezoning has occurred, a fair share housing agreement has been reached with the county and until resolutions providing for an agreement for redistribution of property tax are received. [56375, 56668, 56810, and 56815] Once property tax exchange negotiations have been initiated, by transmittal of the schedules prepared by the County Auditor, six months will be allowed for completion of negotiations. [Revenue and Taxation Code 99(b)(6) and 99.01(4)] Additional application requirements including maps, fees, signed application forms, etc. 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 proposal will be terminated.

6. No agency application will be considered filed until a certified Resolution of Application, Plan for Services, acceptable legal descriptions and maps, proof of 21 day noticing of agencies, landowners and registered voters and proof of adequacy of water and completed application is provided that is satisfactory to the Executive Officer.

7. LAFCO shall notify the appropriate interested and affected agencies to provide relevant application related information and to request review and comment on the proposal. No submittal will be considered filed until replies are received or 45 days have passed without a reply.

8. No application will be considered filed until the appropriate environmental review has occurred that includes a review of any development project associated with application, a review of any infrastructure development needed by all agencies that are affected and review of the effects of any change of organization or reorganization requested of LAFCO.

Note (1): See also LAFCO’s “Policy and Procedures for Processing of Environmental Documents” under “Applications” in the “Policy for CEQA Compliance” Section. This is a separate document, published by LAFCO, detailing the policy and procedures for environmental review.

Note (2): See also Chapter VI of this document—General Application Procedures

9. Mendocino LAFCO generally requires approved development plans, such as a tentative map, specific plan, etc. when vacant territory that can be subdivided is proposed for annexation to a city or district. A key consideration in LAFCO’s review of annexation requests is the timing of the action. LAFCO discourages the annexation of vacant land until it can be demonstrated that services are needed in the near future. Without approved development plans, it cannot be demonstrated that services are required. Approved development plans also provide the information necessary to evaluate a proposal. The plans show what land uses are planned, the level of services required, how services will be provided, and the conditions under which services will be extended. They also enable LAFCO to evaluate the impact of a jurisdictional change on adjacent areas.

B. PUBLIC NOTICE REQUIREMENTS

LAFCO as part of its duties may need to provide public notice as to it activities. Notice is normally provided by posting, publishing or mailing depending upon the requirements of the particular proposal before LAFCO.

1. Notice of LAFCO actions shall be in the method, manner and within the time frames required by state law. In general, whenever notice is to be provided it shall be posted, published or mailed as provided by the following:

• Notice shall be given by the Clerk or Executive Officer [56152] and shall contain all matters required by the particular provision before the Commission. [56151]
• Notice shall be given on a web site provided by the Commission. [56150]
• Notice required to be published shall be published in one or more newspapers of general circulation within each affected county, affected city or affected district. [56153]
• If a published notice is a notice of a public hearing, publication of the notice shall be commenced 21 days prior to the date specified in the notice for the hearing. [56154]
• Unless otherwise required, mailed notice shall be sent first class, and deposited, postage prepaid, in the United States mail and shall be deemed to have been given when so deposited. [56155].
• If a mailed notice is notice of a public hearing the mailed notice shall be mailed at least 21 days prior to the date specified in the notice for the hearing. [56156]
• Notice required to be posted shall be posted on or near the doors of the meeting room or upon any official bulletin board used for the purpose of posting public notices. [56158] Posted notice shall remain posted for not less than five days unless the notice is a notice of a public hearing which shall be commenced at least 21 days prior to date specified in the notice of hearing and shall continue until the time of the hearing. [56159]

2. When mailed notice is required to be given to:

• A county, city, or district it shall be addressed to the clerk of the county, city, or district. [56157(a)]
• A commission,it shall be addressed to the executive officer.[56157(b)]
• Proponents, it shall be addressed to the persons so designated in the petition at the address specified in the petition. [56157(c)]
• Landowners, it shall be addressed to each person to whom land is assessed, as shown upon the most recent assessment roll being prepared by the county at the time the proponent adopts a resolution of application pursuant to Section 56654 or files a notice of intention to circulate a petition with the Executive Officer pursuant to 56700.4(a), at the address shown upon the assessment roll. [56157(d)]
• Landowners within 300 feet of the property that is the subject of the hearing, it shall be addressed to each person to whom land is assessed as shown upon the most recent assessment roll being prepared by the county at the time the proponent adopts a resolution of application pursuant to Section 56654 or files a notice of intention to circulate a petition with the Executive Officer pursuant to 56700.4(a), at the address shown upon the assessment roll. [56157(d)]
• All registered voters within the affected territory, to the address as shown on the most recent index of affidavits prepared by the county elections official at the time the proponent adopts a resolution of application pursuant to Section 56654 or files a notice of intention to circulate a petition with the Executive Officer pursuant to 56700.4(a), at the address shown upon the assessment roll. [56157(d)]
• Persons requesting special notice, it shall be addressed to each person who has filed a written request for special notice with the executive officer or clerk at the mailing address specified in the request. [56157(e)]
• Noticing requirements may be waived if proof satisfactory to the commission is presented that shows that individual notices to registered voters and landowners have already been provided by the initiating agency. [56157(f)]
• If this section would require more than 1,000 notices to be mailed, then notice may instead be provided pursuant to paragraph (1) of subdivision (b) of Section 65954.6. [56157(f)]

3. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate any action for which the notice was given, nor, shall it be grounds for the Commission to discontinue its proceedings or rescind its actions pursuant to a proceeding. [56160].

C. CONSISTENCY WITH LOCAL LAND USE PLANS AND POLICIES

The Commission shall view unfavorably projects that are inconsistent with the General or Specific Plans for the project area unless the following conditions are met:

1. The site is located in an existing developed area where it can be clearly found that public health, safety and welfare interests would be best served, or clear or present health or safety hazards could be mitigated by the requesting change of organization.

2. The site is located in an existing developed area where agency 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.

D. AGRICULTURAL AND RESOURCE LAND POLICY

1. LAFCO’s decisions will reflect its legislated responsibility to work to maximize the retention of prime agricultural land and to protect resource lands while facilitating the logical and orderly expansion of urban areas.

2. Agricultural lands shall be determined to be prime, based on soil characteristics or on productivity as per Section 56064. Resource lands for the production of forage, timber, rock and gravel shall be based on soil productivity or geologic conditions.

3. Development shall be guided away from existing prime agricultural lands or resource lands toward areas containing non-prime agricultural lands or resource lands unless that action undermines adopted County or City land use plans.

4. The commission shall not approve a change of organization or reorganization that would result in the annexation to a city or special district of territory that is subject to a contract entered into pursuant the Williamson Act if that city or special district provides or would provide sewers or nonagricultural water, or streets or roads to the territory unless these facilities or services benefit the uses that are allowed under the contract. [56865.5]

5. Development of existing vacant lands for urban uses within the jurisdictional boundaries of a local agency shall be encouraged before any proposal is approved which would lead to, or allow, the development of prime agricultural lands or resource lands outside the existing jurisdiction of any local agency.

6. Land specifically identified as Agricultural or Timber shall not be approved for annexation to any city or special district for the extension of services to, or through, such areas if the landowner requests exclusion.

7. Development of existing vacant lots for urban uses is encouraged before any annexation proposal or change of sphere of influence is approved which would allow, or lead to, the development of existing agricultural lands for non- agricultural purposes.

8. Spheres of Influence should reflect consideration for existing and/or potential agricultural use or resource land use and should not be extended into such areas for purposes of allowing urban development.

E. JURISDICTION AND TERMS AND CONDITIONS

1. The Commission shall not impose any conditions that would:

Directly regulate land use density or intensity, property development or subdivision requirements. [56375] Cause LAFCO to assume control over all or part of the operations of, or set policy for any agency. [56376.5(c)] Set standards or frequency of maintenance requirements of any existing street or road or cause an agency to improve public facilities not owned by the agency. [56376.5] Require service provision to areas outside of an agency’s sphere of influence unless that condition mitigates effects that are a direct result of the annexation. [56376]

2. The Commission may, at any time, authorize any legislative authority holding a hearing pursuant to a change of organization or reorganization to continue the hearing to a date or dates extending beyond the date specified in C-K-H. [56885]

3. The Commission may make their approval conditional upon any of the following factors: [56885.5] any of the conditions set forth in Section 56886. The initiation, conduct, or completion or proceedings for another change of organization or reorganization The approval or disapproval with or without an election, as may be provided under the law, of any resolution or ordinance ordering that change of organization or reorganization.

4. With respect to any dissolution of a district or disincorporation of a city a condition preventing the agency being dissolved from taking the following actions: [56885.5(4)] Approving any increase in compensation, or benefits for the members of the governing board, its officers, or the executive officer of the agency. Obligating any revenue of the agency beyond that provided in the current budget at the time the dissolution is approved by the Commission

5. The Commission may provide that in any election at which the question of annexation and district reorganization or incorporation and district reorganization are to be considered at the same time, there shall be a single question appearing on the ballot upon the issues of annexation and district reorganization or incorporation and district reorganization. [56885.5(d)]

6. Any change of organization or reorganization may be made subject to one or more of the following terms and conditions: [56886] The payment of money for the acquisition, transfer, use or right of use of all or any part of the existing property, real or personal, of any city, county or district. The levying of taxes or assessments, service charges, rentals or rates. The imposition, exemption, transfer, division or apportionment of liability for payment of principal, interest and other fees for any issued bonds, revenue bonds or other contracts or obligations of any city, county or district. The formation of a new improvement district or districts or the annexation or detachment from or to any existing improvement district. The incurring of new indebtedness or liability for any new local agency or any proposed improvement district within a local agency. The sale of any bonds including authorized but unissued bonds. The acquisition, improvement, disposition, sale, transfer or division of any property, real or personal The fixing or establishment of priorities of use, or right of use, of water, or capacity rights if not in conflict with any priorities that have been fixed by the State Water Resources Control Board. The establishment, continuation or termination of any office, department, or board or the transfer, combining, consolidation or separation of any office, department or boards or the functions of these to the extent that any of these matters is authorized by the principal act The employment, transfer, discharge of employees, the continuation, modification, or termination of existing employment contracts, civil service rights, seniority rights, retirement rights and other employment benefits and rights. The designation of a city, county, or district as the successor to any local agency that is extinguished as a result of any change of organization or reorganization.

The designation of the numbers and method of selection for the members of the legislative body where the proceedings are for consolidation or formation of a new district consistent with the principal act. The fixing of the effective date of any change of organization subject to the limitations of Section 57202 Any terms and conditions authorized or required by the principal act with respect to any change of organization The continuation or provision of any service provided at the time of the change of organization or reorganization, or previously authorized by an official act of an agency. The levying of assessments, including the imposition of a fee pursuant to Section 50029 or 66484.3 or the approval of the voters of general or special taxes. The extension or continuation of any previously authorized charge, fee, assessment or tax by the local agency or a successor local agency in the affected territory. The transfer of authority and responsibility among any affected cities, affected counties and affected districts for the administration of special tax and special assessment districts, the levying and collection of taxes, the management of redemption, reserve, special reserve and construction funds, the issuance of bonds which are authorized but not yet issued, supervision of construction paid for with bond or special tax assessment proceeds, administration of agreements to acquire public facilities and all other rights and responsibilities with respect to levies, bonds, funds and use of proceeds that would have applied to the local agency that created the special tax or special assessment district. Any other matters necessary or incidental to any of the terms and conditions specified in Section 56886.

7. Any of the terms and conditions authorized by Section 56886 may be made applicable to all or any part of any improvement district within that local agency or any territory annexed to, or detached from, any city or district or improvement district within the local agency. [56890]

8. If a change of organization or reorganization, or special reorganization provides for, or is made subject to one or more of the terms and conditions specified in Section 56886, those terms and conditions shall be deemed to be the exclusive terms and conditions and shall control over any general provision commencing with Section 57300.

9. Any change of organization may be conditionally approved by LAFCO subject to the certification of the Coastal Commission of an amendment to the local coastal program. [56887]

10. If a proposal includes the formation of a district or the incorporation of a city, the commission shall determine whether existing agencies can feasibly provide the needed service or services in a more efficient manner. If a new single-purpose agency is deemed necessary, the Commission shall consider reorganization with other single-purpose agencies that provide the related services.

F. BOUNDARY LINES

1. Every determination made by the Commission shall be consistent with the Sphere of Influence of the local agencies affected by that determination. [56375.5]

2. 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. Split parcels shall not be allowed. Whole parcels shall be included in or out of a proposed change of organization or proposed Sphere of Influence.

3. Lands to be annexed, or lands proposed for an out-of-area service agreement subject to future annexation, which are within an adopted Sphere of Influence shall be physically contiguous to the present district boundaries except under one of the following conditions: [56119]

• Existing developed areas where it can be clearly found that interests of public health, and safety would be best served by the addition of the services or which represent clear or present health or safety hazards that could be mitigated by the requested change of organization.
• Existing developed areas where agency 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. Proposals for exemption shall meet all requirements of C-K-H Proposals for the development of new projects shall not be allowed under the above stated exemptions.

4. Strip annexations, leapfrog annexations, islands, peninsulas, flags, pinpoint contiguity, cherry stems, and other irregular boundary lines are inconsistent with the formation of orderly and logical boundaries and are prohibited. [56668(f), 56741, 56742, 56744]

5. Natural boundary lines which may be irregular may be appropriate boundaries for LAFCO action and will not be discouraged provided that complete parcels are included as per F-2 above.

6. Boundary configurations shall not produce areas that are difficult or impossible to serve. [56668, 56001]

7. 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]

G. LEGAL DESCRIPTION AND MAP POLICY

LAFCO uses the required boundary legal descriptions and map(s) for the proposed territorial changes and other vicinity maps to help determine its decision. Depending on the nature of the proposal, the application along with the legal descriptions and appropriate map(s) will be circulated to interested, affected and subject agencies, the assessor, auditor, county planning, school districts, state agencies, county surveyor and other interested parties for comment. If there are issues of dispute of description of boundaries or overlap of boundaries with other agencies that provide like services, then, these issues will need to be resolved before a Certificate of Filing will be issued or approval given for any territorial changes.

1. There are four map categories, (Area Maps, Initial Maps, Final Maps and Agency Maps), needed by LAFCO for purposes of making a determination of approval:

Area Map(s) could include specific plan or development maps, general location or vicinity maps, geological maps, infrastructure location maps, information as to streets and roads, information as to boundary lines of other affected districts, assessor parcel numbers inside the subject area and within 300 feet outside the subject area and other relevant information needed for Executive Officer review and a decision as to approval by the Commission. Depending on the complexity of the proposal, more than one map of this type may be needed by the Commission. The need for these maps would be dependent on the circumstances and complexity of the proposal and would be determined in mandatory preliminary meeting with Executive Officer. These maps can be gathered from various sources, may be of various sizes and are not required to meet Board of Equalization technical standards.

Initial Map(s) and legal description are submitted with the application and will need to illustrate the affected territory proposed for the change of organization or reorganization and its location relationship to the existing boundaries of the agency. Initial maps are used to depict the affected territory as described in the legal description. Requested boundary changes in the Initial Maps could be found to be in conflict with other agency’s boundaries or the submitted legal description (This is why they are sent to the County Surveyor for review.) or could be modified at the public hearing. Therefore the Initial Map may need to be changed. Whatever is approved at the public hearing will become the Final Map of the affected territory. Many applicants use the Initial Map with overlay information needed by LAFCO as the Area Map. This is acceptable as long as the information needed can be understood.

Final Map(s) are not needed until after the public hearing, where approval is given by LAFCO of the proposal. If the proposal is approved by LAFCO, a Final Map(s) and legal description of the proposed territorial change, as approved by LAFCO, is sent to the state Board of Equalization along with their required fees. If there are no changes made by the Commission, the Initial Map and the Final Map will be the same, except for any overlay information that was provided for LAFCO’s purposes and is not needed by BOE. The Final Map will need to be submitted as a Mylar plus copies as required by the Executive Officer.

Agency Map and legal description illustrating the existing boundaries and sphere of influence of the agency is also required. (See Item 3 below) Except for the Area Maps, the three categories of maps with legal descriptions (Initial Map, Final Map and Agency Map) must be developed by a registered civil engineer and must meet the technical requirements of the State Board of Equalization (BOE). Area or development maps can be obtained from any source that is available that provides the requisite information. (See Item 2 below)

2. No Certificate of Filing or Certificate of Completion will be filed until these requirements are met.

3. The state Board of Equalization has specific technical requirements for maps and legal descriptions that will have to be prepared as the “Final Map” if the change of organization is approved by LAFCO. As indicated above, the Commission uses BOE technical requirements for the Initial Map(s), the Final Map(s) and Agency Map(s). LAFCO can provide you with a copy of these requirements or they can be obtained http://www.boe.ca.gov/ (After the home page comes up select “Property Taxes”; once this page comes up then select “Special Revenue Districts”; when this page comes up select “Change of Jurisdictional Boundary”. This page will provide about four pages of information that you are seeking.)

4. As a condition of issuing a Certificate of Filing and Certificate of Completion for any application, except out-of-area service agreements, the Commission requires that a legal description and map of the existing boundaries of the agency and legal description of the boundaries of the sphere of influence as perceived by the agency be provided along with an enumeration of the Assessor Parcel numbers within each boundary and along with the respective zoning for each parcel, unless it can be demonstrated that such documents are already on file. These requirements are in addition to any legal descriptions and map requirements for proposed changes of organization for affected territories. The map and legal description shall be prepared by a registered engineer according to the requirements of LAFCO and Board of Equalization. If the proposal is approved, the Agency Map will include an updated legal description and map including the change of territory as part of the boundaries of the agency. The map and legal description will be circulated to County Planning and the County Surveyor for review and comment. If there are issues of dispute of description of boundaries or overlap of boundaries with other agencies that provide like services then these issues will need to be resolved before approval will be given for any territorial changes. Agency boundary lines or Sphere of Influence lines may generally follow natural features; however no boundary line or sphere of influence line can bisect an assessor parcel. (See Chapter VI, Section F, Boundary Lines) Acceptance of the map by the Executive Officer is not a confirmation of agreement to the sphere of influence boundaries as submitted. LAFCO is the final determiner of spheres of influence and may make changes as it considers appropriate through due process.

5. In all cases legal descriptions that meet the requirements of BOE will be acceptable to LAFCO.

6. All Initial, Final and Agency maps must be 18 X 26 inches in size if the scale of the proposal allows this size. If a larger size is needed, use 24 X 36 inches. Area Map size can be as considered appropriate, by agreement with the Executive Officer (i.e. not too small to see detail) The number of Area Maps and Initial Maps needed by LAFCO will vary according to the complexity of the proposal and the number of parties and affected agencies that must be noticed regarding the requested change in organization or reorganization. The number of Area Maps and Initial Maps needed will be 12 plus the number of agencies that are to be notified. The number of Agency Maps needed for the initial submission will be 12. If the change of boundary is approved the final Agency Map must reflect the change in territory as approved. The Final Map and Agency Map will need to be submitted on Mylar, with 8 copies.

H. PLAN FOR SERVICES

LAFCO’s mission includes oversight of the orderly formation and development of local agencies including the provision of efficient and economical services. LAFCO requires that all service providers must document their ability to provide service to proposed annexations. An evaluation of an agency’s plan for services is necessary to the proper consideration of any change of organization or reorganization, which expands or diminishes a service provider’s responsibilities. The intent of plan for service evaluations is to ensure that the capacity, cost and adequacy of service within the existing district or city are not adversely impacted by the proposed LAFCO action and that the agency can provide all the services to the subject territory as the same level, or greater, than that presently received by the existing agency territory. [56375(g), 56375(h), 56668, 56653]

The following information requirements will enable the applicant and LAFCO to obtain information necessary to render a fair and informed decision. During the required pre-application conference, LAFCO staff will assist the applicant with the determination of required project specific plan for service information.

1. Applications shall include a plan to provide services, which include information needed to render an informed decision on the project. [56653]

2. Plan for Service submittals are required to contain the following information and any additional information required by the Commission or the Executive Officer: [56653(b)]

An enumeration and description of services to be extended to the affected territory The level and range of those services An indication of when those services can feasibly be extended to the affected territory A list of any improvements or upgrading of structures, roads, sewer or water facilities, or other terms and conditions the affected agency would impose or require within the affected territory, if the change of organization or reorganization is completed A list of any improvements, upgrading of structures, roads, sewer or water facilities, or permits needed to be obtained or approvals required by any local, regional, state or federal agencies and the terms and conditions of any such required permits or approvals required for present operations or which would be required if the change of organization or reorganization is completed. (Copies will be required for verification) A list of any contracts, special orders, injunctions, court orders, administrative decision or other such documents controlling the ability of the affected agency to provide service from any local, regional, state or federal agency and the terms and conditions of such documents. (Copies will be required for verification) Information as to adequacy of water [56668(k)] (See Section I, Adequacy of Water below) Information with respect to how those services will be financed Information as to reserve capacity required for existing parcels or territories (See Item 5 below) Any data or information, as may be required by any regulation of the Commission [56650(d) and 56653(b)] Any additional data and information, as may be required by the Executive Officer [56650(e) and 56653(b)]

3. All applicant agencies must provide a capacity analysis, which states:

• The 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)
• The number of service units currently allocated.
• The total number of service units within the agency’s boundaries, including assessment districts that are entitled to receive service
• The number of service units proposed to be added as result of the annexation 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 the total number of service units entitled to receive service as a result of the proposed project, the agency shall provide a plan for obtaining the capacity necessary to provide service.

4. All applicant agencies must provide a description of the size and capacity of existing infrastructure along with a map that depicts the location of the infrastructure.

5. The agency must provide a statement disclosing its disposition regarding its responsibility to reserve capacity for unserved parcels and a current list of unserved property within its current boundaries. The list shall include the assessor parcel number, address or location of the parcel, names of owners, the mailing address of the owners, the zoning for the parcels and the capacity needed to provide service to each parcel for present zoning. The list shall be provided in Microsoft Word or Excel and shall be titled Reserve Capacity Requirements for Parcels in Existing Territory with the name of the agency above the title and the date below.

6. The agency must provide a list of conditions that the proposed annexation parcels or territory must meet in order to receive services from the annexing agency, such as annexation costs, facility plan report, fire flow requirements, and a statement regarding who is responsible to fund required items.

7. The affected agency must provide a statement of intent to provide services to the affected territory. The statement shall include: A description of the affected territory requirements to fund infrastructure so that areas within the existing district can be served, or will continue to be served, as the same or higher level of service. Documentation that the affected territory service areas will be accommodated at the same level of service of that received by the existing agency territory.

8. If service cannot be provided without expanding service capacity or constructing infrastructure other than parcel connections to service, then the following information is required. A description of any required facility or infrastructure expansions or other information shall be provided. A schedule of completion of the expanded capacity project, the viability of the needed project, and the relation of the subject property to the overall project and project time line. A list of required administrative and legislated processes such as CEQA review, local, regional, state or federal permits required (such as State Water Resource Control Board allocation permits, Regional Water Quality Permits or the like) including assessment of likelihood of approval of any permits and existence of any pending, or threatened, legal or administrative challenges. The planned total capacity The size and location of needed capital improvements The proposed project cost, financing plan and financing mechanism including a description of the persons or properties that would be expected to bear the costs. Any proposed alternative projects if the preferred project cannot be completed; include information required above for each proposed alternative.

9. No application to annex to a special district or city shall be deemed complete until the following information is provided: A statement that the annexing agency will be capable of providing adequate services when such services are projected to be needed within the area being annexed. A statement that the furnishing of adequate services at such time as such services are needed within the area being annexed will not result in a significant fiscal impact, service level impact or other impact in the existing service area within the boundaries of the present district or city

10. No application will be deemed filed until a plan for services is received and accepted as complete by the Executive Officer and the Executive Officer is hereby directed not to issue a Certificate of Filing until the Plan for Services meets the requirements of this section.

11. All Plans for Services information shall be provide as a hard copy and a disc using Microsoft Word or Excel as appropriate.

I. ADEQUACY OF WATER

Under C-K-H, LAFCO is required to determine if there are adequate water supplies to meet the needs of the proposal. Section 65352.5 provides the guidelines to be used in determining adequate water supplies, which by policy LAFCO will use for all proposals.

1. Adequacy of water supplies is to be determined by:

• Examining the water provider’s service plan and capital improvement plan.
• Sources of water-by-water right or contract.
• Description of quantity of surface water purveyed.
• Description of quantity of ground water purveyed.
• Description of proposed additional sources of water.
• Description of total number of customers by category of agricultural users, commercial users, industrial users and residential users.
• Quantification of reduction of total water demand by each customer category.
• Water reduction measures.

Any additional information that is relevant to determining the adequacy of existing and planned future water supplies to meet existing and planned future demands on water supplies.

2. Copies of relevant documents will be required as considered appropriate by the Executive Officer for purposes of determining adequacy of water.

J. INDEMNITY AGREEMENT

1. As a condition of application and approval for any action, the Commission will impose a condition, which requires, in the event of legal challenges, that the applicant assumes full legal defense costs because they are a liability incurred by LAFCO after, and as a result of project approval. [56383, 56886(f)] No application will be considered filed until the Indemnity Agreement is signed by the proper agents of the agency. The Executive Officer is hereby directed not to issue a Certificate of Filing until the Indemnity Agreement is received and properly signed. (See Chapter III, Section M, Legal Defense Fees)

Following is the required indemnity agreement:

INDEMNITY AGREEMENT

As part of this application, LAFCO proposal #______________________________________________________________________,

Short form designation _____________________________________________________________________________,

Applicant agrees to defend, indemnify, hold harmless and release the Local Agency Formation Commission of Mendocino County (LAFCO), its Commissioners, Executive Officer, other employees, attorneys or agents from any claim, action or proceeding brought against any of them for any reason, including any failure of action or procedure by the Commission, Executive Officer or staff, and including any effort to attack, set aside, void, or annul, in whole or part, LAFCO’s action in processing or approving the proposal or on the environmental process and any environmental documents submitted to support it.

This indemnification obligation shall include but be not limited to damages, costs, expenses, attorney fees and costs, expert witness fees and costs that may be asserted by any person or entity, including the applicant, arising out of or in connection with the application.

Name of Agency: _________________________________________________________________

Address: _____________________________________________________________________

Printed Name of Agency President, Mayor or *Agent: _____________________

________________________________________________________________

Signature of Agency President, Mayor or *Agent: ________________________

________________________________________________________________

Date of Signature: _________________________________________________

Printed Name of Manager of Agency: __________________________________

Signature of Manager of Agency: _____________________________________

Date of Signature: _________________________________________________

* If signed by agent of landowner or corporation proof of authority to sign indemnification must also be provided.