LAFCO Rejects Plan to Add 2 Members Representing Special Districts : Government: 13 cities in Orange County opposed expansion of the five-member agency, saying it would dilute the influence of municipalities.

Saying that they saw no need for expansion, the five members of the Orange County Local Agency Formation Commission on Wednesday voted unanimously against adding two more members who would represent the county’s 38 special districts.

“We’ve all heard the old saying, ‘If it’s not broken, don’t fix it,’ ” said Commissioner James H. Flora. The districts provide such services as water and sanitation.

Thirteen Orange County cities and the Orange County Chapter of the League of Cities opposed the proposed expansion, predicting that it would reduce cities’ influence on the commission.

But 33 of Orange County’s special districts petitioned for the change, arguing that the agencies would be enhanced by the expertise of special-district representatives. Special districts have independently elected boards and sometimes serve two or more cities.

While little known to the general public, LAFCOs were established by state law in 57 California counties and have powerful roles. They rule on whether a community may vote for cityhood and whether an existing city may annex adjoining areas.

South Orange County residents are particularly interested in LAFCO because so many new cities are in the process of being formed in that region.

Orange County’s commission has two members who represent cities, two county supervisors who represent the county, and one member from the public at large. State law allows adding two more members to represent special districts if a majority of those districts in a county petition for it.

Russell G. Behrens, special counsel for the organization that represents all 38 special districts in Orange County, urged the commission to vote for the expansion.

“The statement by opposing cities that independent special districts will tend to vote against incorporation is not accurate and is unfounded,” Behrens said. “The city of Mission Viejo was formed, and the local special district did not oppose its incorporation. The city of Dana Point was formed, and the local independent special district did not oppose its incorporation.”

But Santa Ana Councilwoman Patricia A. McGuigan, who represented the Orange County chapter of the League of Cities, told the commission that cities feared that special-district representatives would create a “bloc vote” and would be anti-urban.

“Our observation indicates that special districts, fearing a loss of control and possible dissolution, would oppose or make more difficult the incorporations and annexations that come before you,” McGuigan said in her speech to LAFCO.

The commission staff had recommended that the two new seats be added. The staff report said “special district representation would provide the commission with valuable knowledge and expertise.” But none of the five commissioners on Wednesday mentioned the staff report, and none spoke in favor of adding any new members.

Following the commission’s vote, Behrens told reporters that special districts throughout the state are now going to press the Legislature for a state law to require that all LAFCOs have the two additional seats. (Seven of the 57 currently have seven members.) Behrens noted that the Orange County commission had previously rejected special-district representation when petitioned in 1982 and 1986.