LAFCO Policy & Procedures

CHAPTER VIII. - SPECIAL DISTRICT PRINCIPAL ACTS

LAFCO’s Authority Over Special Districts

The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (C-K-H) revised Government Code Section 56100 to provide that LAFCO has “the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts. All changes of organization and reorganization shall be initiated, conducted, and completed in accordance with, and as provided in, this division.”

Section 56100 further states, “Notwithstanding any other provision of law, proceedings for the formation of a district shall be conducted as authorized by the principal act of the district proposed to be formed, except that the commission shall serve as the conducting authority and the procedural requirements of this division shall apply and shall prevail in the event of conflict with the procedural requirements of the principal act of the district. In the event of such a conflict, the commission shall specify the procedural requirements that apply, consistent with the requirements in this section.” Conducting authority is defined by Section 56029 as, “the commission of the principal county of the entity proposing a change of organization or reorganization, unless another conducting authority is specified by law.”

Section 56100 thus provides the authority that change of organization, reorganization and formation of cities and special districts fall under the authority and responsibility of LAFCO.

However, there are exceptions to LAFCO’s authority over some government agencies and there are exceptions to LAFCO being the conducting authority for purposes of protest over some districts. While 56100 authorizes LAFCO to provide oversight of special district formation, changes of organization and reorganization and designates LAFCO as the conducting authority, Section 56036 excludes the following government agencies as being defined as a “district” or “special district”:

The State
The County except for County Service Areas
A city (Note: Cities are not defined as districts but they are subject to LAFCO review and oversight of boundaries.)
A School district or community college district
A special assessment district as defined by Section 56075
An improvement district for assessment for special services as defined by Section 56041
A community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982
A permanent road division formed pursuant to Section 1160 of the Streets and Highways Code
An air pollution control district or an air quality maintenance district
A zone of a fire protection district, a mosquito abatement and vector control district, or a recreation and park district

Section 56036 defines some other local agencies as “districts” or “special districts” but requires LAFCO to follow the principal act for the conducting authority for purposes of protest. The following districts are subject to LAFCO jurisdiction, but are not subject to the conducting authority proceedings of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 for purposes of protest. Conducting authority proceedings for protest are held in accordance with the principal act that established the agency. [56036(b)(1) &(2)]

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

For some additional districts, Section 56036 defines them as “districts” or “special districts” but permits LAFCO discretion as to whether to follow the principal act for the conducting authority for purposes of protest. If a determination is made by the Commission that these agencies are not “districts” or “special districts” for purposes of protest under C-K-H, conducting authority proceedings are held in accordance with the principal act that established the agency. Without this determination by LAFCO, conducting authority proceedings will be conducted according to C-K-H. The following local government agencies are subject to LAFCO jurisdiction, but are not subject to the conducting authority protest proceedings of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, if the Commission makes that determination in accordance with Section 56127 and 56128. [56036(c)(1) & (2)]

A flood control district
A flood control and floodwater conservation district
A conservation district
A water replenishment district
The Orange County Water District
A California water storage district
A water agency
A county water authority or a water authority

Many special district principal acts predate the creation of LAFCO and most principal acts predate the revisions provided by Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. These principal acts have not been amended to reflect LAFCO’s current responsibility as the conducting authority over the formation of special districts and other district changes of organization or reorganization. Section 56119 addresses this matter in the following manner: “It is not necessary for the principal act of any district to adopt or incorporate this division by reference and any change of organization or reorganization provided for by this division may be made by, or with respect to, any district.”

Except for the exceptions noted above, it is clear that the authority and requirements of LAFCO, imposed by C-K-H, supercede the authority and requirements of the principal act. It is also clear that C-K-H provides that LAFCO is the “sole and exclusive authority” in conflicts with the principal act, even when these conflicts are substantive.

Under C-K-H, the primary value of understanding the requirements of the principal acts is that the principal acts provide guidance for issues of boundaries, overlapping territory, contiguity, additional requirements of Notice of Intents, resolutions, etc. Section 56119 provides, “Except as otherwise provided in this section, in any change of organization or reorganization the principal act shall govern as to any provision in the principal act pertaining to boundaries, to contiguity or noncontiguity of territory, to the incorporated or unincorporated status of territory, and to the overlapping of territory of a district with the territory of another district or city.”

While many principal acts may “allow” overlapping boundaries or non-contiguous territory as part of the district, it does not mandate such actions. The Commission will still need to make decisions on the basis of a number of requirements of C-K-H and local needs and circumstances. To make decisions to allow overlapping or noncontiguous territory are permissive to the Commission under the principal act. The principal act provides the authority, if the Commission considers it appropriate.

However, Section 56119 explicitly states, “Unless otherwise provided by the principal act, any territory annexed to a district shall be contiguous to the district and shall not be a part of another district formed under the same principal act without the consent of the other district.” In cases where the principal act does not permit noncontiguity, the proposed annexation must be contiguous. The requirement of contiguity is not permissive to the Commission.

LAFCO of Mendocino County is of the opinion that the legislative intent in revising Section 56100 was to bring changes of organization and reorganization and formation proceedings into conformance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, thereby providing a uniformity of process to these actions. Therefore LAFCO believes that, except for the exceptions described above, Cortese-Knox-Hertzberg prevails when there are any conflicts with the principal acts. In these cases, LAFCO also believes that all of the responsibilities of the conducting authority, even those that are substantive in nature, have been transferred to the Commission. The following summaries of the principal acts of various districts incorporate this understanding.

The following summaries are only meant to provide an overview of the principal acts and are not meant to detail all of the requirements that may be required by either the principal act or C-K-H. For a complete understanding of the requirements of the various acts, please consult the cited codes and the requirements of C-K-H.

Airport District

Sections 22001-22979, Public Utilities Code

Governing Body

The governing body, which is established by law to administer operation of an airport district, is composed of a five-member board of directors. This board must be elected by voters within the proposed district or be appointed to their position by the incumbent airport district’s board of directors (22401 & 22406).

Functions

The specific powers that the board of directors may exercise are to provide and maintain public airports and landing places for aerial traffic. [22553]

In addition to this specific power, the board of directors may appoint a general manager, hire employees, acquire property, levy and collect taxes, establish rules governing airport operations, enter into contracts, etc. These are general powers granted to the board of directors of all special districts. However, for a listing of these general powers, it is advisable to review Sections 22551 - 22557 of the Public Utilities Code.

Formation

The board(s) of supervisors of each county desiring to form or join in forming a district shall adopt a resolution initiating formation of a district. Each resolution shall contain: [22151 – 22153]

Statement of intention to form a district
District boundaries
Name of district
Time and place for hearing objections to the formation of the district or to its extent
Name of the newspaper in which the resolution shall be published.

After the formation proceedings have been initiated and CEQA has been completed, LAFCO must conduct a noticed public hearing. After hearing public testimony, the Commission may either, approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

Conducting Authority

The conducting authority proceedings for the formation of the airport district may be terminated by the Commission following the hearings, or the Commission may overrule any protests or objections filed with it and call for an election to form the district. [22201 – 22204]

If a majority of the qualified voters within the proposed district votes to approve the district, the district shall be formed. [22256]

Boundaries

Boundaries of a proposed airport district may include the following territory: [22006]

Land located in one or more counties.
Incorporated or unincorporated areas and/or portions of both
Noncontiguous territory may not be included

Annexation

After the district has been formed, the boundaries of the district may be altered and outlying incorporated or unincorporated, contiguous territory in the same or adjoining county annexed to the district. [22006]

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

California Water District

Sections 34000 - 38500, Water Code

Governing Body

The governing body, which is established by law to administer the operation of a California Water District, is composed of a five-member elected board of directors, each of whom must be a landowner within the district or the legal representative of a landholder within the district. At any time after four years from the date of the district’s formation, the board may, by resolution, increase the number of directors from 5 to 7, 9, or 11, and may designate the first additional members to serve on the enlarged board [34700], et seq.).

Functions

The specific powers that the board of directors may exercise are the 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.

In addition to these specific powers, the board of directors of the district has the power to perform all acts necessary or proper to carry out fully the provisions of this division. These are general powers granted to the board of directors of all special districts. However, for a listing of these general powers, it is advisable to review Sections 35400-35409 of the Water Code.

Formation

The formation process is initiated by petition to the principal county by holders of title to a majority of land which is capable of using water beneficially for irrigation, domestic, industrial, or municipal purposes, and which can be serviced from common sources of supply and by the same system of works. If noncontiguous land is included, the petition shall be signed by holders of title to a majority of the assessed value of land within each of the noncontiguous areas proposed to be included within the district.

Prior to circulating petitions, the proponent shall file with the LAFCO Executive Officer a Notice of Intention that includes the name and mailing address of proponent(s) and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. After filing the notice, the petition may be circulated for signatures. [Government Code 56700.4]

After the formation proceedings have been initiated and CEQA has been completed, LAFCO must conduct a noticed public hearing. After hearing public testimony, the Commission may either, approve, modify, or deny the proposed formation. If it is approved, the Commission will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

Conducting Authority

At the conducting authority stage, the conducting authority shall make an order doing the following: [34306]

Establishing and describing the district boundaries
Naming the proposed district.

Election

After making this order, the board of supervisors shall call and give notice of an election, at which the following are entitled to vote: [34400]

Only holders of title to land in the proposed district may vote. Their vote may be in person or by proxy (Rules for voting by proxy are set forth in Section 35005 of the Water Code.)
Each voter shall have one vote for each dollar’s worth of land to which he or she holds title [35003].

If, after the election, a majority of all the votes cast favor the formation of the district, the territory shall be formed as a district (34500).

Boundaries

Pertaining to the proposed boundaries of a California Water District, the following territory may be included: [34153]

Land located in one or more counties
Noncontiguous areas may be included if portions of the proposed district are separated by land under the control of a state hospital, or the boundary of each portion of the proposed district is within two miles of the boundary of another portion of the proposed district [34153]
Land situated in other distinctive district agencies of the state, including other water agencies organized under the provisions of this division having different plans and purposes and the object of which is not the same. [34157]

Annexation

After the district has been formed, the boundaries of the district may be altered adding contiguous or noncontiguous, incorporated or unincorporated territory.

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Cemetery District

Sections 8890 - 9225, Health and Safety Code

Governing Body

The governing body, which is established by law to administer the operation of a cemetery district, is composed of three or five trustees, as specified in the petition for the formation of the district. These trustees are appointed by the board(s) of supervisors. However, the governing body may instead be composed of the board of supervisors, by its resolution, after public hearings are held. [8950 - 8950.3]

Functions

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. [8961 - 8969.5]

Formation

The formation process is initiated by a petition, signed by 50 or more citizens who own land within the proposed district, and filed with the LAFCO of the county in which a majority of the acreage of the proposed district is situated.

If it is approved, the Commission also will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made. The Commission shall order the formation subject to confirmation by election, and subject to the protest provisions at the conducting authority hearing.

Conducting Authority

At the conducting authority hearing, the proceedings themselves may be terminated if protested by 10% of the registered voters living within the district, or protested by the owners of more than 10% of the total assessed valuation of the land; or the conducting authority may order an election.

The registered voter protest is based upon obtaining 10% of the number of votes cast for the Office of Governor at the last preceding gubernatorial election. [8925 - 8930]

If the election is called and two-thirds of the qualified voters of the district vote in its favor, the district shall be formed. [8938]

Boundaries

With respect to the proposed boundaries of a cemetery district, the following territory may be included upon formation:

Territory located in one or more counties [8890]
Incorporated and/or unincorporated territory

Annexation

After the district has been formed, the boundaries of the district may be altered and outlying incorporated or unincorporated territory in one or more counties may be annexed to the district. [9025]

Proceedings are to be initiated pursuant to Section 56000, et seq. of the Government Code.

Community Services District

Sections 61000 - 61934, Government Code

Governing Body

The governing body of a community services district may be appointed or elected, and is composed of a three or five-member board of directors. The method of selection and the number of directors will be as set forth in the petition of formation. The initial board of directors of a district formed on or after January1, 1990, and containing only unincorporated territory in a single county, may be elected or appointed by the board of supervisors, which may appoint itself.

Representation on the board of directors of districts containing territory in more than one county, containing only incorporated territory, or containing a combination of incorporated and unincorporated territory will vary according to the territory included.
[61101 & 61120]

If formed pursuant to a consolidation or reorganization of two or more districts into a single district, LAFCO may increase the number of directors of the consolidated or reorganized district to 7, 9, or 11. As terms expire, the number of directors shall be reduced through attrition until the number of directors is in conformance with the number specified by LAFCO. [61210.1]

Functions

The specific powers that the board of directors may exercise are: [61600]

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 of governing body of city and county in which improvements are made
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
Establish improvement districts [61710]

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. [61601]

Formation

The formation process may be initiated by presenting to LAFCO a petition signed by at least 10% of the registered voters residing in the area to be included in the district, or by presenting to LAFCO a resolution of application from the legislative body of any county or city which contains territory proposed to be included in the district. [61103] [61106]

Prior to circulating petitions, the proponent shall file with the LAFCO Executive Officer a Notice of Intention that includes the name and mailing address of proponent(s) and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. Also prior to circulating petitions, the chief petitioners must:

Publish a notice of intention in a newspaper within the territory proposed to be included in the district. If the territory of the district is located in more than one county, notice must be published in a newspaper in each of the counties.
Within five days after the date of publication, file with LAFCO a copy of the notice and an affidavit from the newspaper certifying publication [61102]

After filing the notice, the petition may be circulated for signatures. [Government Code 56700.4]

Within six months of filing the affidavit, the petitions are filed with the LAFCO of the principal county [61104]

Conducting Authority

If LAFCO approves the formation of a district, the Commission acting as the Conducting Authority, shall give notice of an election to be held in the area of the proposed district. After the election, if the majority of the votes cast favor the formation, the district shall be formed. The election shall be held on the next regular or special election date not less than 113 nor more than 150 days after the date the Commission calls and gives notice of the election.

Notice of the election shall be published pursuant to Section 6061 in a newspaper of general circulation circulated within the territory of the proposed district which lies in the county. [61110 - 61111]

If the Commission of the principal county finds that the petition filed with the Executive Officer of LAFCO pursuant to Section 61104 has been signed by not less than 80 percent of the registered voters residing within the area to be included within the district, the board may dispense with an election, adopt the resolution required pursuant to Section 61117, and designate the members of the board of directors pursuant to Chapter 3 (commencing with Section 61120). [61111]

The formation election may be combined with a proposal for adoption by the voters of a special tax and presented to the voters as a single ballot proposition. If both proposals are presented as a single ballot proposition, the district shall not be formed and the special tax shall not take effect unless the proposition is approved by two-thirds of the voters voting on the proposition. [61116]

If LAFCO approves a consolidation or reorganization pursuant to Section 56839 that results in the formation of a district without an election, the commission may designate the members of the board of directors from the membership of the board of directors of any of the consolidated or reorganized districts pursuant to subdivision (k) of Section 56844. The terms of office of the directors shall be determined pursuant to Section 10505 of the Elections Code. [61111(b)]

Annexation

After the district has been formed, the boundaries of the district may be altered and contiguous or noncontiguous unincorporated territory may be annexed to the district. Incorporated territory that is contiguous to the district may be annexed to the district with the consent of the affected city. [61800]

Proceedings are to be initiated pursuant to Section 56000, et seq. of the Government Code.

County Sanitation District

Sections 4700 - 4859, Health and Safety Code

Governing Body

The governing body, which is established by law to administer the operation of a county sanitation district, is composed of a board of directors of not less than three members. The makeup of the board of directors is as follows:

If the district includes no territory that is within cities or sanitary districts, then the county board of supervisors is the board of directors. [4730]
If the territory of the district lies wholly within a city, the legislative body of said city is the board of directors of the district [4730]
If the district includes territory within a city, another sanitation district, or public agency, then the board of directors shall be composed of the presiding officer of each agency’s legislature [4730.1]

Functions

The specific powers that the board of directors may exercise are as follows:

To acquire, construct, and complete sewage collection, treatment, and disposal works [4741]
To construct, maintain, and operate a refuse transfer or disposal system (refuse collection is prohibited) [4741]
To make provision for street cleaning and street sweeping services upon the roads and streets within the boundaries of the district [4742.5]
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 [4767]

In addition to these specific powers, the board of directors may exercise certain other general powers in the operation of the district. For a listing of these general powers, it is advisable to review Sections 4741 - 4767 of the Health and Safety Code.

Formation

The formation proceedings can only be initiated by the passage of a resolution of intention by the board of supervisors. This resolution shall contain, among other things, the district boundaries and the name of the proposed district.

After the formation proceedings have been initiated and CEQA is completed, LAFCO must conduct a noticed public hearing. After hearing public testimony, the Commission may either, approve, modify, or deny the proposed formation.

Conducting Authority

At the conducting authority hearing, proceedings shall be terminated by the Commission if written protests are submitted by owners of more than one-half of the total assessed value of real property within the proposed district. [4714, 4714.5 & 4715]

An election on the formation of the proposed district is not required unless written objection, signed by 5% of the voters registered in the district, if the district contains less than 2,001 registered voters, or signed by 2% of the voters if the district contains more than 2,001 registered voters, is received. However, if the district has more than 2,001 registered voters, the written objection must contain at least 100 signatures. If such written protest is presented to Commission, the Commission either abandons the formation proceedings or calls an election. At the called election, if a majority of the qualified electors vote in favor of formation, the district is formed. [4715]

Boundaries

With respect to the proposed boundaries of a county sanitation district, the following territory may be included:

Contiguous or noncontiguous territory [4711.5]
Unincorporated and/or incorporated territory (however the city’s consent is required if only a part of its boundaries is included in the proposed district) [4711]
Territory of a district formed for similar purposes may not be included except with the consent of such district and the board of supervisors [4711]

Annexation

After the district has been formed, the boundaries of the district may be altered and the following territory may be annexed to the district:

Any territory not in any other sanitation district or district formed for similar purposes
Contiguous or noncontiguous territory, except only contiguous territory in another county may be annexed
Unincorporated and/or incorporated territory

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code

County Service Area

Sections 25210.1-25211.33, Government Code

Governing Body

The governing body, which is established by law to administer the operation of a County Service Area (CSA), is the board of supervisors. The original intent of the county service area law was to give an alternative method for providing governmental services by counties within unincorporated area, many of which have had large population growth as well as commercial and industrial development since 1940. [25210.1]

Functions

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
Any other governmental services, referred to as 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 countywide basis both within and outside city boundaries. These other governmental services shall include but not be limited to the following:
- 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
- Road maintenance & improvement

Formation

The formation process may be initiated by: [25210.11]

A resolution of the board of supervisors
A resolution adopted by a majority of members of the governing body of any city in a county
A petition, submitted to LAFCO, signed by not less than 10% of the registered voters residing within the area.

If initiated by petition, prior to circulating petitions, the proponent shall file with the LAFCO Executive Officer a Notice of Intention that includes the name and mailing address of proponent(s) and a written statement, not to exceed 500 words in length, setting forth the reasons for the proposal. After filing the notice, the petition may be circulated fro signatures. [Government Code 56700.4]

Conducting Authority

The conducting authority may alter the boundaries to include less territory or eliminate a type of service initially proposed to be provided. The conducting authority may not, however, include additional territory or add additional services. [25210.18]

The Commission may form a CSA without notice, hearing, or an election, if
the Commission has received written consent to the formation signed by all of the landowners within the proposed service area. [56837 & 25210.14]

At the conducting authority hearing, the Commission shall terminate the proceedings if citizens living in the proposed district present a written protest signed by 50% or more of the registered voters, or signed by the owners of one-half or more of the value of the land and improvements in the proposed district (25210.17[a] & 25210.18). Otherwise, the Commission may choose to terminate the proceedings or adopt a resolution ordering the formation without an election, or ordering the formation subject to an election. [25210.18]

However, if within 60 days from the adoption of a resolution ordering the formation without an election, a petition, signed by 10% or more of the registered voters, is filed with the Commission, the Commission, after reconsidering the resolution, must either rescind the resolution or call for an election of the voters residing in the proposed service area.

At this election, a majority of the qualified voters must vote in favor of the issue for the service area to be formed (25210.21 & 25210.22).

Boundaries

Pertaining to the boundaries of a county service area, the following territory may be included:

Contiguous or noncontiguous territory (25210.80).
Unincorporated or incorporated territory (incorporated territory may be included only if the city legislative body consents by resolution) (25210.10 & 25210.1 0[a]).

Annexation

After the CSA has been formed, the boundaries of the service area may be altered and the following territory may be annexed: [25210.80 & 25210.80(a)]

Both contiguous and noncontiguous territory
Unincorporated and incorporated territory (incorporated territory may be annexed only if a majority of the city legislative body consents by resolution).
Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

County Water Authority

Sections 45-1 to 45-16, West’s Water Code Appendix

Governing Body

The governing body, which is established by law to administer the operation of a county water authority, is a board of directors composed of at least one representative from each member agency within the authority. Directors are appointed for six-year terms by the chief executive officer of each member agency with approval of the agency’s governing body. [45-6]

Functions

The specific powers that the board of directors may exercise are the following:

Construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which are now, or may become, the property of the State of California. [45-5]
Acquire water and water rights within and outside the state; develop, store, and transport that water; provide, sell, and deliver water for beneficial purposes; and provide, sell, and deliver water of the authority not needed or required for beneficial purposes by any public agency, the corporate area of which is included in the authority, to areas outside the boundaries of the authority; provided that the supplying of that water shall be subject to the right of the authority to discontinue those activities. [45-5]
Acquire, store, treat, reclaim, repurify, reuse, distribute, and sell sewage water, wastewater, and seawater for beneficial uses and purposes. [45-5]
Utilize any part of its water, and any part of its works, facilities, improvements, and property used for the development, storage, and transportation of water, to provide, generate and deliver hydroelectric power, and acquire, construct, operate, and maintain any and all works, facilities, improvements, and property necessary or convenient for such utilization. [45-5.1]

In addition to these specific powers, the board of directors of a water authority has the general powers to perform acts necessary or proper to carry out the provisions of this division. For a listing of these general powers, it is advisable to review Sections 45-5 through 45-5.10 of the Water Code Appendix.

Formation

The formation may be initiated by resolution of each public agency proposed to be included in the water authority and/or by petitions signed by at least 10% of the number of voters residing within each public agency proposed to be included in the water authority, with 10% representing 10% of the number of votes cast at the last general election held within the territory of the public agency. [45-4]

Conducting Authority

At the conducting authority stage, the Commission will either terminate further proceedings if a majority protest exists, or order the formation subject to confirmation of the voters. Votes shall be canvassed separately for each agency proposed to be included in the water authority and the water authority shall be established consisting of those public agencies in which a majority favorable vote was cast; provided, however, that the total number of electors in such approving public agencies be not less than two thirds of the number of electors within the authority as first proposed.

Note: County water authorities are not subject to the conducting authority proceedings of the Cortese-Knox-Hertzberg Act if the Commission has determined that the water authority is not a “district” or “special district” in accordance with Government Code Sections 56127 and 56128. [Government Code Sections 56036 & 56100]

Boundaries

Pertaining to the proposed boundaries of a county water authority, the following territory may be included: [45-2 & 45-3]

Contiguous or noncontiguous territory
Incorporated and/or unincorporated territory within a public agency having the power to acquire and distribute water

Annexation

After the water authority has been formed, the boundaries of the authority may be altered and the following territory annexed: [45-10]

Territory annexed to, or consolidated with a member agency
The corporate area of any water district or city

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code

County Water District

Sections 30000 - 33900, Water Code

Governing Body

The governing body, which is established by law to administer the operation of a county water district, is composed of a five-member board of directors. These directors whether appointed or elected shall be voters of the district. [30500] If formed pursuant to a consolidation or reorganization of two or more districts into a single district, LAFCO may increase the number of directors of the consolidated or reorganized district to 7, 9, or 11. As terms expire, the number of directors shall be reduced through attrition until the number of directors is in conformance with the district’s principal act or a larger number specified by LAFCO. [30500.1]

If on or before July 1, 1977 the district assumed the responsibilities of a sanitary district, the board of directors may, and from time to time thereafter, increase the number of directors to 7, 9, or 11. [30502]

Functions

The specific powers that the board of directors may exercise are the following:

Furnish sufficient water throughout the district for any present or future beneficial use. To accomplish this purpose, the district has the power for storage and conservation of water and water rights, and the operation of waterworks. [31020-31022]
Generate and sell electric power in connection with a water conservation project [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 [31100]. Note; AB 1335, enacted in 1993, requires that districts first obtain written approval from LAFCO prior to extending services outside their jurisdictional boundaries. There are exceptions to this requirement, which are listed in Government Code Section 56133.
Draining and reclaiming lands within the district [31033]
Provide fire protection [31120 – 31121]
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. [31130]

In addition to these specific powers, the board of directors of the district has the general powers to perform acts necessary or proper to carry out the provisions of this division. For a listing of these general powers, it is advisable to review Sections 31000 - 31187 of the Water Code.

Formation

The formation process is initiated by a petition to LAFCO signed by 10% of the number of voters registered 30 days prior to the petition filing date. However, if incorporated territory is included in the proposed district, the petition must be signed by 10% of the voters of the unincorporated area and 10% of the voters of each municipal area or part thereof, with the 10% representing the votes cast at the last general election. [30202 &
30203]

Conducting Authority

At the conducting authority stage, the Commission may terminate further formation proceedings or, if the Commission determines that the proposed district is in the public interest, it shall call an election on the next established election date on the issue of the formation of the district. If at the election a majority favorable vote is cast by the registered electors, the district shall be formed. [30264.1, 30291 & 30297]

Boundaries

Pertaining to the proposed boundaries of a county water district, the following territory may be included: [30200]

Incorporated and/or unincorporated territory
Contiguous territory
Two or more contiguous counties

Annexation

After the district has been formed, the boundaries of the district may be altered and the following territory annexed: [32400]

Incorporated or unincorporated territory
Contiguous or noncontiguous territory
Land in any county contiguous to the county wherein the district was formed

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

County Waterworks District

Sections 55000 - 55991, Water Code

Governing Body

The governing body, which is established by law to administer the operation of a county waterworks district, is the board of supervisors. Under former law, the board of supervisors was required to appoint a separate board of directors under certain conditions. The board of supervisors may now appoint, and, at any time, dissolve a board of directors governing a county waterworks district. Where the district becomes a subsidiary district of a city pursuant to the Cortese/Knox Local Government Reorganization Act, the city council of the city is the governing board of the district. [55301 & 55302]

Functions

The specific powers that the board of supervisors may exercise are as follows: [55330-55336]

The supplying of water for irrigation, domestic, industrial or fire protection purposes and for the development and conservation of water supplies for those purposes. [55331]
Acquisition, purification, treatment, and reclamation of saline water or sewage, or both [55335]
Construction, maintenance, and operation of sewage collection and treatment facilities [55335.5]

Formation

The formation process is initiated by presenting a petition to LAFCO signed by not less than 25% of the residents within the district, or not less than 25% of the landowners residing within the district, or not less than 25% of the landowner residents and nonresidents including not less than 15% of such resident landowners (55103).

After the formation proceedings have been initiated and CEQA has been completed, LAFCO must conduct a noticed public hearing. After hearing public testimony, the Commission may either, approve, modify, or deny the proposed formation.
If it is approved, the Commission also will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

Conducting Authority

At the conducting authority stage, the Commission shall terminate proceedings if protests have been made by more than 50% of the assessed value of real property within the proposed district, or by the owners of more than 50% of the total acreage within the district (55162). Otherwise the Commission may declare the district formed, or set the matter for an election. [55161 & 55180]

If, at the election, a majority of all the votes cast are in favor of the formation of the district, the board of supervisors shall declare the district formed. [55186]

Boundaries

The following territory may be included within the boundaries of a proposed county waterworks district: [55100 – 55200]

Any portion of a county containing unincorporated territory.
The whole or any portion of one or more incorporated cities, and contiguous unincorporated territory.
Two or more noncontiguous parcels but no parcel under ten acres.

Annexation

After the district has been formed, the boundaries of the district may be altered and the following territory annexed:

Unincorporated and incorporated territory
Contiguous or noncontiguous territory

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Fire Protection District

Sections 13800 - 13970, Health & Safety Code

Governing Body

The governing body, which is established by law to administer the operation of a fire protection district, may be composed of one of the following alternatives, as set forth in the petition or resolution proposing the formation of the district. [13816 & 13821]

A district board may generally have three, five, seven, nine, or eleven members [13842]
The district board may be appointed or elected [13848]
Elected district board members may be elected by district or at large [13846]
Appointed district board members are appointed by the county board of supervisors, or the city council or both, or two or more of either depending upon cities or counties within the district. Appointments are apportioned by the number of cities or counties within the district and the number of people in each [13835 – 13839]

The number of directors (generally), whether they are appointed or elected, and, if elected, whether they are elected at large or by district, may all be changed by the voters in the district. [13845, 13846 & 13848] The question may be put to the voters:

By resolution of the district board; or
By a petition signed by 25% of the registered voters in the district (Section 13849 Notice).

Functions

The specific services the district board may provide are: [13862]

Fire protection services
Rescue services
Emergency medical services
Hazardous material emergency response services; and
Ambulance services, pursuant to Division 25 [commencing with Section 1797]

In addition to these specific services, the district has corollary general powers [3863-13887]

Formation

The formation process is initiated by one of the following methods:

A resolution of application adopted by any city or county that contains territory proposed to be included within the district [13821]
A petition signed by not less than 25% of the registered voters residing in the area to be included in the district [13816]

The Executive Officer must notify the Director of Forestry and Fire Protection of the proposed formation if all or a portion of the affected territory is classified as a State Responsibility Area. [Government Code 56661(f)]

Conducting Authority

During the conducting authority hearings, the formation proceedings may be terminated if written protests signed by the majority of registered voters within the proposed district are filed with the conducting authority. At the conclusion of the public hearings, the conducting authority must either: (Government Code 57077]

Terminate proceedings if a majority protest exists; or
Order the formation subject to the confirmation of the voters

The conducting authority may order the district formed without an election, if it finds that the petition filed with LAFCO has been signed by not less than 51% of the registered voters residing within the territory proposed to be included within the district. [13823.5]

If an election is called and a majority of the qualified voters within the proposed district vote favorably on the formation, the district shall be formed. [Government Code 57176]

Boundaries

Any territory, incorporated, unincorporated, contiguous or noncontiguous, may be included in a district. [13810]

State responsibility areas may generally be included in the district. In such areas, the State will repress and prevent timber, brush, and grass fires. The district will be responsible for structures and may provide other district services. The Executive Officer must notify the State Director of Forestry and Fire Protection of the Commission’s hearing [13811]

Finance

Chapter 7 (commencing with Section 13890) of Part 3 of Division 12 of the Health & Safety Code outlines budget deadlines and general financial procedure.

Chapter 8 (commencing with Section 13910) of Part 3 of Division 12 of the Health & Safety Code lists alternative sources of revenue. They are:

Special tax [Government Code 50075]; two-thirds majority
Mello-Roos Community Facilities Act of 198Z special tax [Government Code53311] two-thirds majority
Special tax for fire and police [Government Code 53970]; two-thirds majority
Assessment for fire protection services [Government Code 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 [Government Code 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 [13916]; vote not required.

Annexation

After the district has been formed, the boundaries of the district may be altered, and outlying contiguous or noncontiguous (in the case of districts governed by the county board of supervisors), incorporated or unincorporated territory may be included within the district (refer to 13811 for restrictions on State responsibility lands).

The Executive Office must notify the Director of Forestry and Fire Protection of the annexation if all or part of the affected territory is classified as State Responsibility Area.

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Garbage Disposal District

Sections 49000 - 49050, Public Resources Code

Governing Body

The governing body, which is established by law to administer the operation of a garbage disposal district, is the board of supervisors. [49018]

Functions

The specific powers that the board of supervisors may exercise are the following:
[49017 - 49018]

The collection and disposal of garbage and other refuse matter in the district
The operation and maintenance of a garbage and refuse disposal site

In addition to these specific powers, the board of supervisors also has the general power to perform all acts necessary or proper to accomplish the purposes of this chapter. For a review of this law and other general powers granted to the governing body, it is advisable to review Sections 49018 - 49020 of the Public Resources Code.

Formation

The formation process is initiated only by the adoption of a resolution by the board of supervisors. Upon the submission to LAFCO of such a resolution, the Commission shall fix a time and place for a hearing on the matter of the formation of the district. [49006]

Conducting Authority

At the conducting authority stage, the Commission shall either terminate further formation proceedings, or order the matter submitted to the registered voters of the proposed district. [49009 & 49010]

If, at the election, a majority of all those voting upon the question of creation of the district and a majority of those voting thereon in each city is in favor of formation of the district, the territory shall be formed into a district. [49016]

Boundaries

Pertaining to the proposed boundaries of the garbage disposal district, the following territory may be included: [49005]

Any portion or portions of one county
Any contiguous or noncontiguous territory that is at least a full subdivision or contains at least 10 privately owned acres
Any unincorporated or incorporated territory. However if incorporated territory is included, the unanimous consent of the governing body of the city must be obtained if only a portion, rather than the total city, is in the proposed district.

Annexation

After the district has been formed, the boundaries of the district may be altered and the following territory annexed: [49050]

Unincorporated or incorporated area
Contiguous or noncontiguous territory which contains 10 acres or more of privately owned land
Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Garbage and Refuse Disposal District

Sections 49100 - 49915, Public Resources Code

Formation

No district shall be formed under this chapter of law after October 1, 1961 [49118]

Annexation [49195]

Although no new districts shall be formed under this chapter, established districts may alter their boundaries and annex contiguous, unincorporated, and incorporated territory to the district.

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Geologic Hazard Abatement District

Sections 26500 – 26654 Public Resources Code

Formation of a Geologic Hazard Abatement District (GHAD) has historically not been subject to LAFCO processing or review. However, in an appellate court decision (Las Tunas Beach Geologic Hazard Abatement District v. Superior Court (City of Malibu) App. 2 Dist. 1995), the appellate court ruled that the dissolution of a GHAD is subject to the provisions of the Cortese-Knox Local Government Reorganization Act. Subsequent legislation was enacted in 1998 [26567.1] that clarified that the dissolution of a GHAD is not subject to LAFCO review.

Health Care District

Sections 32000 - 32490.9, Health and Safety Code

Governing Body

The governing body, which is established by law to administer the operation of a health care district, is composed of an elected five-member board of directors. This five-member board of directors may be increased to seven members in any district which provides at least 225 hospital beds, if such measure is approved by a majority of the registered voters of the district. [32100 & 32100.01]

Functions

The specific powers that the board of directors may exercise 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: [32121]
Outpatient programs, services and facilities
Retirement programs
Chemical dependency programs, services and facilities
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
To establish a nurses’ training school, or a child care facility for the benefit of employees of the hospital or residents of the district

Formation

The formation process is initiated by a petition signed by registered voters residing in the proposed district equal to 12% of the voters registered within the boundaries of the proposed district 30 days prior to the filing of the petition. There is no provision for initiation by resolution. [32003]

No hearing upon the petition to form a health care district shall be held until it has been certified with the appropriate voluntary area health-planning agency.

Upon the filing of an application for the formation of, annexation to, consolidation of, or dissolution of a hospital district, or the initiation by the Commission of any of these changes of organization or reorganization, the Commission shall notify all state agencies that have oversight or regulatory responsibility over, or a contractual relationship with, the hospital district that is the subject of the proposed change of organization or reorganization. Referral agencies shall have 60 days from the date of receipt of notification to comment on the proposal. For a listing of agencies to be notified, refer to Government Code Section 56131.5.

Conducting Authority

The conducting authority proceedings for the formation of a health care district may be terminated by the Commission or by protest by the majority of the registered voters residing in the proposed district. [32002, 32003 & Government Code Section 58105.1]

If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed. [32003]

The county board of supervisors appoints the first board members.

Boundaries

The following territory may be included within the proposed boundaries of a health care district: [32001]

Contiguous or noncontiguous territory.
Unincorporated or incorporated territory but territory of a city may not be divided

Annexation

After the district has been formed, the boundaries of the district may be altered and the following territory may be annexed to the district:

Contiguous or noncontiguous territory
Unincorporated or incorporated territory
Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Irrigation District

Sections 20500 - 29976, Water Code

Governing Body

The governing body, which is established by law to administer the operation of an irrigation district, is composed of a three or five member board of directors elected at large or by divisions of the district. [20721 & 21550]

Functions

The specific powers that the board of directors may exercise 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 election (see 22171); construct, maintain, and operate recreational facilities in connection with dams, reservoirs, or other work owned and constructed by the district. [22075 – 22825]

Formation

The formation process is initiated by a petition to LAFCO by a majority of the property owners who also own a majority of value of the land in the proposed district; or by 500 petitioners, each of whom is a voter residing in the proposed district or a holder of title, which petition is signed by holders of title to not less than 20% in value of land therein. A copy of the petition is sent to the State Department of Public Works for a report on feasibility. There is no provision for initiation by resolution. [20700 & 20820 - 20822]

Conducting Authority

At the conducting authority proceedings, the Commission must call an election. If a majority of the qualified voters of the district vote in its favor, the district shall be formed. [20960]

Boundaries

Contiguous or noncontiguous territory may be included within the proposed boundaries of an irrigation district. [20701]

Annexation

After the district has been formed, the boundaries of the district may be altered and the following territory may be annexed to the district:

Contiguous or noncontiguous territory
Incorporated or unincorporated territory

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Library District

Sections 19400 - 19532, Education Code

Governing Body

The governing body, which is established by law to administer the operation of a library district, is composed of a board of trustees consisting of three or five members. The county board of supervisors shall appoint the required number of library trustees from the district at large. Succeeding trustees will be elected (19420).

Functions

The specific powers that the trustees may exercise are to establish, equip, and maintain a public library for the dissemination of knowledge of the arts, sciences, and general literature. 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 (19400).

Formation

The formation process is initiated by a petition signed by the registered voters equal to 5% of voters casting votes at the last election for governor within the proposed district, and presented to the LAFCO of the principal county. The petition shall specify whether the proposed library district shall be governed by a three-member or five-member board of library trustees.

Conducting Authority

At the conducting authority stage, the proceedings for formation of the library district may be terminated by written protest by the owners of the majority of land according to the assessed valuation. The proceedings may also be terminated by written protest by the registered voters within the proposed district equal to at least 50% of the number of votes cast in the last election for governor. [19406 & Government Code Section 58103]
If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed (Government Code Section 58132).

Boundaries

The following territory may be included within the proposed boundaries of a library district (19401):

Land located in one or more counties
Unincorporated and incorporated territory if the city is not divided
Contiguous parcels only.

Annexation

After the district has been formed, the boundaries of the district may be altered to annex outlying incorporated or unincorporated contiguous territory in the same or an adjoining county. [19401]

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Metropolitan Water District

Sections 109-1 to 109-550, Water Code Appendix

Governing Body

The governing body, which is established by law to administer the operation of a metropolitan water district, is a board of directors composed of at least one representative from each member public agency within the district. Directors may be appointed by the chief executive officer of each member agency with the approval of the agency’s governing body, or may be selected by majority vote of the governing body of the agency.

Effective until January 1, 2001, member agencies may also designate additional representatives, not exceeding one additional representative for each 3% of assessed valuation of property within the entire district that is within such member district.

As of January 1, 2001, member agencies may also designate additional representatives, not exceeding one additional representative for each full 5% of assessed valuation of property within the entire district that is within such member agency. [109-51, 52]

Functions

The specific powers that the Board may exercise are the following:

Develop, store, and distribute water for domestic and municipal purposes
Provide, generate, and deliver electric power inside or outside the state for the purpose of developing, storing and distributing water for such district.

Formation

The formation process may be initiated by adoption of an ordinance of a public agency indicating the names of the public agencies proposed to be included in the district and an estimate of the preliminary cost and expenses of incorporating and organizing the district. A copy of the ordinance is then forwarded to each of the public agencies named in the ordinance. Within 60 days after receipt of the ordinance, each agency shall approve or reject the ordinance. If a public agency does not act upon the ordinance within the 60 day period, the agency shall be deemed to have rejected the ordinance. [109-31, 32]

Conducting Authority

As noted in the opening section of this Chapter, metropolitan water districts are not subject to the conducting authority proceedings of the Cortese-Knox-Hertzberg Act. Conducting authority proceedings are conducted in accordance with the principal act that established the district. [56036(b) & 56100]

At the conducting authority stage, the board of directors of initiating agency will either: [109-35]

Terminate further proceedings if a majority protest exists or
Order the formation subject to confirmation of the voters within each public agency proposed to be included in the metropolitan water district

Annexation

After the metropolitan water district has been formed, the boundaries of the district may be altered and the following territory annexed: [109-350]

The corporate area of any pubic agency upon terms and conditions fixed by the board of directors of the metropolitan water district

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of Government Code.

Mosquito Abatement or Vector Control District

Sections 2200 - 2398, Health and Safety Code

Governing Body

The governing body, which is established by law to administer the operation of a mosquito abatement or vector control district, is composed of at least a five-member board of trustees. The makeup of the board shall be as follows:

If the district is situated in one or more counties and consists wholly of unincorporated territory, the board or boards of supervisors shall appoint the trustees or;
If the district is situated in one or more counties and consists of unincorporated and incorporated territory, the trustees shall be appointed by the board or boards of supervisors, and the governing body of any city included.

The particular formula used to appoint trustees to the district’s board, if more than one public jurisdiction is included within the district, is found in Section 2240 of the Health and Safety Code; also contained in that section is the procedure for increasing or decreasing the number of trustees on the board.

Functions

The specific powers that the district may exercise are the following: [2270]

The extermination of mosquito’s, flies or other insects either inside or outside the district;
The extermination of rats [2290]
The undertaking or contracting for algae research, control, and monitoring projects [2291]

Formation

The formation process is initiated by a resolution of intention adopted by the board of supervisors or a petition signed by registered voters in each unit of the proposed district, equal in number to 10% of the number of votes cast in each unit respectively for the office of governor at the last gubernatorial election. However, if city territory is included in the proposed district, the city’s governing body must request its inclusion by resolution [2211 & 2215.5]

After the formation proceedings have been initiated with LAFCO and CEQA has been completed, a noticed public hearing will be held. After hearing public testimony, the Commission may either, approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

Conducting Authority

The Commission may authorize the conducting authority to order the formation of the district without an election.

Boundaries

Any territory in one or more counties, having a population of at least 100 inhabitants, may be organized as a mosquito abatement or vector control district. [2210]

Annexation

After the district has been formed, the boundaries of the district may be altered and the following territory annexed: [2330]

Contiguous territory, or noncontiguous territory, if the board of supervisors of the county in which the noncontiguous area is located determines that the area is within a reasonable operational distance of the district.
Incorporated or unincorporated land.

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Municipal Utilities District

Sections 11501 - 14509, Public Utilities Code

Governing Body

The governing body, which is established by law to administer the operation of a municipal utilities district, is composed of a five-member board of directors elected by the wards within the district. [11801]

Functions

The specific powers the board of directors may exercise 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; and may do all things necessary or convenient to the full exercise of the powers herein granted. [12801]

In addition, the district may 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. [12817, 12850 & 12851]

Formation

The formation process is initiated by a petition filed with LAFCO signed by 10% of the voters within the proposed district, or by resolutions adopted by half or more of the public agencies to be included in the proposed district.

Conducting Authority

At the conducting authority hearing, the Commission must call for an election. If a majority of the qualified voters of the district vote in its favor, the district shall be formed.

The district may be established only if the number of registered voters in approving public agencies and parcels of unincorporated territory is two-thirds or more of the total number of registered voters within the district as originally proposed. [11652]

Boundaries

The following territory may be included within the proposed boundaries of a municipal utilities district: [11561]

Incorporated or unincorporated territory, though no public agency may be divided.
Contiguous or noncontiguous territory.

Annexation

After the district has been formed, the boundaries of the district may be altered and unincorporated territory may be annexed to the district, except that noncontiguous unincorporated territory may not be annexed if the district does not possess facilities for supplying utility services to that territory. Any public agency not included within the boundaries of a district may be annexed if approved by a majority vote in an election [13801 & 13851]

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Municipal Water District

Sections 71000 - 73000, Water Code

Governing Body

The governing body, which is established by law to administer the operation of a municipal water district, is composed of a five-member board of directors elected from divisions of the district. [71250]

Functions

The specific powers that the board of directors may exercise are to supply water for beneficial purposes; construct, improve, and operate public recreational facilities appurtenant to facilities operated or 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 [71680]; acquire waterworks or a waterworks system, waters or water rights; and acquire, construct, and operate sanitation facilities. [71590-71689.27]

Formation

The formation process is initiated by a petition signed by voters equal to 10% of the number of voters in the proposed district 30 days before the petition is filed. In addition, if a city is included, the petition must be signed by 10% of the voters of each city who are registered to vote 30 days before the petition is filed. If only a portion of a city is included, special provisions applicable to the petition are found in Section 71122 of the Water Code. There is no provision for initiation by a resolution of the board of supervisors. [71121]

Conducting Authority

At the conducting authority hearing, the Commission must call for an election. If a majority of voters of the district vote in its favor, the district shall be formed. [71168 – 71190]

Boundaries

The following territory may be included within the proposed boundaries of a municipal water district: [71060 – 71061]

Land located in one or more counties or cities
Unincorporated and/or incorporated territory
Contiguous or noncontiguous territory

Annexation

After the district has been formed, the boundaries of the district may be altered, and the following territory may be annexed to the district: [71071 – 71081]

Contiguous or noncontiguous territory
Unincorporated territory or an undivided city

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Police Protection District

Sections 20000 - 20352, Health and Safety Code

Formation

No district shall be created or organized pursuant to this Chapter after October 1,1959.

Annexation

Although no new district shall be formed under this Chapter, established districts may alter their boundaries and annex contiguous, incorporated or unincorporated territory, provided such land is in one county only. [20050]

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Port District

Sections 6200 - 6372, Harbors and Navigation Code

Governing Body

The governing body, which is established by law to administer the operation of a port district, is composed of a five-member board of port commissioners appointed in this manner: two by the board of supervisors, two by the city council, and a fifth commissioner, who shall serve as chairman. The chairman is appointed by an election committee composed of the board of supervisors together with five members of the city council appointed by the mayor. An auditor shall be appointed by the board of port commissioners, and approved by the board of supervisors and the city council. [6240]

Functions

The specific powers the board of commissioners may exercise 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. This includes but is not limited to wharves, docks, belt railroads, warehouses, etc. [6295]

In addition to this specific power, the board of commissioners may 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. [6290 – 6311]

Formation

The formation process is initiated by a petition signed by the registered voters equal to 5% of voters casting votes in the last election for governor within the proposed district, and presented to the LAFCO of the principal county. There is no provision for initiation by resolution of the board or boards of supervisors. [6211]

After the formation proceedings have been initiated with LAFCO and CEQA has been completed, a noticed public hearing is held. After hearing public testimony, the Commission may either, approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

Conducting Authority

The conducting authority proceedings for formation of the port district shall be terminated if the owners of more than 50% of the total assessed valuation protest. [6215 – 6218]

If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed. [6321]

Boundaries

The territory included within the proposed boundaries of a port district shall include one municipal corporation and any contiguous unincorporated territory in any one county, but a municipal corporation may not be divided.

Annexation

After the district has been formed, territory which is annexed to a municipal corporation that is in the district becomes, by the annexation, a part of the district.

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Public Utility District

Sections 15501 - 18055, Public Utilities Code

Governing Body

The governing body, which is established by law to administer the operation of a public utility district, is composed of a three or more member board of directors. However, the board must consist of an odd number of directors. [15951]

Function

The specific powers that the board of directors may exercise 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, and may do all things necessary or convenient to the full exercise of the powers granted in this article. [Public Contracts Code Section 20202.3]

A district may also 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. [16463]

Formation

The formation process is initiated by a petition signed by voters of the proposed district equal to 15% of all votes cast for all candidates for governor at the last general election at which a governor was elected. There is no provision for initiation by resolution. [15702]

After the formation proceedings have been initiated and CEQA has been completed, a noticed public hearing is held. After hearing public testimony, the Commission may either, approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

Conducting Authority

At the conducting authority stage, the Commission may either terminate the proceedings for the formation of a public utility district, or call for an election. There is no provision for majority protest. [15736 & 15738]

If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed. [15791]

Boundaries

The following territory may be included within the proposed boundaries of a public utility district:

Contiguous or noncontiguous territory [17301]
Unincorporated territory [15701]

Annexation

After the district has been formed, the boundaries of the district may be altered by the annexation of unincorporated, contiguous territory, or the annexation of non-contiguous territory of at least 10 privately owned acres lying within three miles of the closest district boundary. [17301 & 17362]

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Recreation and Park District

Sections 5780 - 5791, Public Resources Code

Governing Body

Parks and Recreation Districts are governed by a five member board of directors. [5784] The initial board of directors of a district formed after January 1, 2002 may be elected or appointed. The method of appointment varies according to whether the district territory if unincorporated or incorporated or mixture of both. For a detailed discussion of the appointment processes refer to Public Resources Code Sections 5783.1, 5783.7, and 5783.9. For a discussion of the election process for the initial board of directors refer to Public Resources Code Section 5783.11.

Functions

The specific powers that the board of directors may exercise are to organize, promote, conduct and advertise programs of community recreation, including but not limited to, parks and open space, parking and transportation, and other related services that improve the community’s quality of life. The board of directors may also establish systems of recreation and recreation facilities, including, but no limited to parks and open space and may acquire, construct, improve, maintain, and operate recreation facilities, including but not limited to parks and open space, both inside and beyond the district’s boundaries. [5786]

For a listing of general powers, see Section 5786.1 of the Public Resources Code. A district with all of the powers of a recreation and park district, except the power of eminent domain, also may be formed. [5790]

Formation

The formation process may be initiated by resolution of application by the legislative body of any county or city that contains territory proposed to be included in the district, or by a petition presented to LAFCO signed by 25% of the registered within the boundaries of the proposed district. [5782.5]

The contents of the petition shall comply with Government Code Section 56700 and, in addition, shall include the following:

Set forth the methods by which the district shall be financed, including, but not limited to, special taxes, benefit assessments, and fees.
Propose a name for the district
Specify the method of selecting the initial board of directors
Specify whether the district will have the power of eminent domain

Before circulating any petition, the proponents shall publish a Notice of Intention including a written statement not to exceed 500 words in length, setting forth the reasons for forming the district and the method by which the district would be financed. The notice shall be published in one or more newspapers of general circulation within the territory proposed to be included in the district. Within five days after the date of publication, the proponent shall file with the Executive Officer of LAFCO a copy of the notice together with the affidavit certifying publication. After filing the notice, the petition may be circulated. [5782.3]

Upon filing of an application for the formation of recreation and park district, the Executive Officer shall notify the Director of the State Department of Parks and Recreation. The director shall have 60 days to comment on the proposal. The Commission shall consider all comments received from the director in making its decision. [Government Code 56131.7]

Conducting Authority

At the conducting authority hearing, the Commission shall terminate proceedings if protest is filed by property owners owning more than one-half of the total assessed value of real property within the proposed district, or the Commission shall call an election. [Government Code Sections 58103, 58130] If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed. [Government Code Section 58132]

Boundaries

The following territory may be included within the proposed boundaries of a recreation and park district: [5781]

Contiguous or noncontiguous territory
Incorporated or unincorporated territory
Territory not included in another recreation and park district.

Annexation

After the district has been formed, the boundaries of the district may be altered, and the following territory may be annexed to the district: [5785]

Contiguous territory or noncontiguous
Incorporated or unincorporated territory
Territory not included in another recreation and park district

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.
Regional Park and Open Space District
Sections 5500 - 5595, Public Resources Code

Governing Body

The governing body, which is established by law to administer the operation of a regional park, park and open space, or open space district is comprised of five or seven directors; one from each ward or subdistrict (5527). Prior to calling an election on the formation of the district, the board of supervisors shall divide the proposed district into five or seven wards or subdistricts, the boundaries of which are drawn so that each contains approximately an equal number of electors. [5515]

Functions

The specific powers that the board of directors may exercise 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. And, it may select, designate, and acquire land, or rights in land, within, or outside of the district, to be used and appropriated for such purposes. It may also conduct programs and classes in outdoor
science education and conservation education. [5541]

For a listing of general powers and powers of district officials, refer to Sections 5539 -5553 of the Public Resources Code.

Formation

The formation process may be initiated by petitions signed by at least 5,000 electors residing within the territory proposed to be included in the district. [5503]

There are no general provisions for formation of the district by resolution.

Conducting Authority

At the conducting authority stage, the proceedings for the formation of a regional park, park and open space, or open space district may be terminated by the Commission, or the Commission may call an election within the proposed district for the purpose of determining whether the district shall be created and established, and for the purpose of electing the first board of directors. [5514]

If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed. [5520]

Boundaries

The following territory may be included within the proposed boundaries of a regional park, park and open space, or open space district: [5502]

Contiguous territory in three or more cities, together with any parcel or parcels of incorporated or unincorporated territory, whether in the same or different counties or;
Contiguous territory in one or more cities, together with any parcel or parcels of incorporated or unincorporated territory, whether in the same or different counties, which when combined has a population of at least 50,000.

Annexation

After the district has been formed, the boundaries of the district may be altered by the annexation of contiguous territory. [5572]

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Resource Conservation District

Sections 9000 - 9978, Public Resources Code

Governing Body

The governing body of a resource conservation district may be appointed or elected, and is composed of five, seven, or nine members. [9301]

Functions

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. [9151]

Formation

A proposal to form a resource conservation district may be initiated by a petition signed by not less than 10% of the registered voters residing in the area to be included in the district [9164]

A proposal to form a district may also be initiated by the adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district. [9167]

If the proposed district would include territory in more than one county, the petition is presented to the executive officer of the LAFCO in the principal county (9165). The principal county is defined as the county, which contains all, or the greatest portion of the privately owned lands within the proposed district. [9025]

After the formation proceedings have been initiated and CEQA has been completed, LAFCO must conduct a noticed public hearing. After hearing public testimony, the Commission may either, approve, modify, or deny the proposed formation. If it is approved, LAFCO also will adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

Conducting Authority

The conducting authority will, within 35 days of the adoption of the Commission’s resolution, call and give notice of an election to be held in the territory of the proposed district. [9181]

The Commission of the principal county may order formation of the district without an election if the Commission finds that the petition filed with LAFCO has been signed by not less than 80% of the registered voters residing within the area to be included in the district. If the formation of the district is ordered without an election, the Commission will designate the members of the board of directors. [9182]

At the election, if a majority of the qualified voters within the proposed district vote in favor of formation, the district shall be established. [9188]

Boundaries

The following territory may be included within the proposed boundaries of a resource conservation district. [9152]

Property generally of value for agricultural purposes, including farm and range land useful for the production of agricultural crops or for the pasturing of livestock
Property necessary for the control of runoff, the prevention of soil erosion, the development and distribution of water.
Property necessary for land improvement and for fully accomplishing the purposes for which the district is formed.

Annexation

Additional lands may be annexed to the district in accordance with the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Section 56000, et seq. of the Government Code.

The lands need not be contiguous but shall be susceptible to the same general plan or system for the control of runoff, the prevention or control of soil erosion, and the development and distribution of water, or land improvement. [9481]

Sanitary District

Sections 6400 - 6830, Health and Safety Code

Governing Body

The governing body, which is established by law to administer the operation of a sanitary district, is composed of a five-member elected board of directors and an assessor. [6480]

Functions

The specific powers that the board of directors may exercise are the acquisition, planning, construction, reconstruction, alteration, enlargement, laying, renewing, replacing, maintenance, and operation of: [6510 - 6550.1]

Garbage dump sites, garbage collection, and disposal systems
Sewers, drains, septic tanks, and sewerage collection and disposal systems, outfall treatment works, and other sanitary disposal systems
Storm water drains and storm water collection, outfall, and disposal systems, and water reclamation and distribution systems.

In addition to these specific powers, the board of directors also may exercise certain other general powers in the operation of the district. For a listing of these general powers, refer to Sections 6510 - 6550.1 of the Health and Safety Code.

Formation

The formation process is initiated only by a petition filed with LAFCO and signed by 25 persons living in the proposed district. If more than one county is included in the proposed district, 15 signers must live in the principal county and 10 signers living in the other county(s) [6420]

Conducting Authority

At the conducting authority hearing, the Commission may terminate further proceedings or it may call for an election. [6440 – 6446]

At the election, if a majority of the qualified voters within the proposed district vote in favor of formation, the district shall be established. [6465]

Boundaries

The following territory may be included within the proposed boundaries of a sanitary district: [6830]

Contiguous territory in one or more counties
Incorporated and/or unincorporated territory.

Annexation

After the district has been formed, the boundaries of the district may be altered and outlying incorporated or unincorporated, contiguous or noncontiguous territory in the same or adjoining county(s) may be annexed to the district.

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Small Craft Harbor District

Sections 7000 - 7340, Harbors and Navigation Code

Governing Body

The governing body, which is established by law to administer the operation of a small craft harbor district, is composed of a five-member elected board of directors, all of whom shall be registered voters residing within the district and all of whom shall be elected at large. [7040]

Functions

The specific powers that the board of directors may exercise are to establish, maintain, and operate a harbor (defined in Section 7002), and all facilities appurtenant thereto, and to perform all acts necessary to carry out fully the provisions, powers, and purposes of this part. [7140 – 7152]

Formation

The formation process is initiated by a petition signed by 50 or more registered, qualified voters of the county who reside within the proposed district. Such a petition shall be presented to LAFCO. There is no provision for initiation by resolution. [7011]

After the formation proceedings have been initiated and CEQA has been completed, LAFCO must conduct a noticed public hearing. After hearing public testimony, the commission may either, approve modify, or deny the proposed formation. If it is approved the Commission will also adopt terms and conditions for the formation, and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.

Conducting Authority

At the conducting authority stage, the proceedings for formation of the district may be terminated if written protest by owners of taxable real property having more than 50% of the assessed valuation of land within the proposed district is filed or by the Commission if it fails to pass a resolution determining that the property within the proposed district will be benefited. [7023.5 & 7024]

Boundaries

The following territory may be included within the proposed boundaries of a small craft harbor district: [7010]

Land located in one county only
Contiguous or noncontiguous territory
Unincorporated territory
Incorporated territory if consent is given by the city legislative body [7023]
The whole or some part of the harbor that is proposed to be developed.

Annexation

After the district has been formed, the boundaries of the district may be altered and the following territory may be annexed to the district: [7280]

Land located in only one county
Contiguous or noncontiguous territory
Unincorporated or incorporated territory

Proceedings for annexation are initiated pursuant to Section 56000, et seq. of the Government Code.

Mendocino County Local Agency Formation Commission

LAFCO Policy & Procedures

CHAPTER VIII. - SPECIAL DISTRICT PRINCIPAL ACTS

LAFCO’s Authority Over Special Districts

Airport District

Sections 22001-22979, Public Utilities Code

Governing Body

Functions

Formation

Conducting Authority

Boundaries

Annexation

California Water District

Sections 34000 - 38500, Water Code

Governing Body

Functions

Formation

Conducting Authority

Election

Boundaries

Annexation

Cemetery District

Sections 8890 - 9225, Health and Safety Code

Governing Body

Functions

Formation

Conducting Authority

Boundaries

Annexation

Community Services District

Sections 61000 - 61934, Government Code

Governing Body

Functions

Formation

Conducting Authority

Annexation

County Sanitation District

Sections 4700 - 4859, Health and Safety Code

Governing Body

Functions

Formation

Conducting Authority

Boundaries

Annexation

County Service Area

Sections 25210.1-25211.33, Government Code

Governing Body

Functions

Formation

Conducting Authority

Boundaries

Annexation

County Water Authority

Sections 45-1 to 45-16, West’s Water Code Appendix

Governing Body

Functions

Formation

Conducting Authority

Boundaries

Annexation

County Water District

Sections 30000 - 33900, Water Code

Governing Body

Functions

Formation

Conducting Authority

Boundaries

Annexation

County Waterworks District

Sections 55000 - 55991, Water Code

Governing Body

Functions

Formation

Conducting Authority

Boundaries

Annexation

Fire Protection District

Sections 13800 - 13970, Health & Safety Code

Governing Body

Functions