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AB-853 Local government: organization.(2009-2010)

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Enrolled  September 01, 2010
Passed  IN  Senate  August 23, 2010
Passed  IN  Assembly  August 24, 2010
Amended  IN  Senate  August 18, 2010
Amended  IN  Senate  August 02, 2010
Amended  IN  Senate  July 01, 2010
Amended  IN  Senate  June 23, 2010
Amended  IN  Senate  June 09, 2010
Amended  IN  Assembly  May 18, 2009
Amended  IN  Assembly  May 05, 2009
Amended  IN  Assembly  April 14, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 853


Introduced  by  Assembly Member Arambula

February 26, 2009


An act to amend Sections 56425 and 56430 of, and to add Sections 56033.5 and 56650.1 to, the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 853, Arambula. Local government: organization.
(1) The Cortese-Knox-Hertzberg Act of 2000 governs the organization and reorganization of local governmental entities, including, among other things, the annexation of island territories to a city or county.
This bill would require a board of supervisors, within 180 days of receiving a petition, to apply for annexation to a city or reorganization that includes an annexation to a city, to adopt a resolution of application for an annexation to a city or reorganization that includes an annexation to a city if the affected territory meets specified conditions, thereby imposing a state-mandated local program.
(2) The Cortese-Knox-Hertzberg Act of 2000 requires a local agency formation commission to develop and determine the sphere of influence of each local governmental agency within the county and to enact policies designed to promote the logical and orderly development of areas within the sphere, and requires the commission, in preparing and updating spheres of influence, to conduct a service review of the municipal services provided in the county or other area designated by the commission, and to prepare a written statement of its determinations with respect to the growth and population projections for the affected area, the present and planned capacity of public facilities and adequacy of public services, including infrastructure needs or deficiencies, financial ability of agencies to provide services, status of, and opportunities for, shared facilities, accountability for community service needs, including governmental structure, and operational efficiencies, as specified.
This bill would also require the agency to include in its written statement a determination with respect to the location and characteristics, including infrastructure needs or deficiencies, of any disadvantaged inhabited communities, thereby imposing a state-mandated local program. The bill would also require a commission, upon the review and update of a sphere of influence on or after July 1, 2010, to include in the review or update of each sphere of influence of a city or special district that provides public facilities or services related to sewers, nonagricultural water, or structural fire protection to include the present and probable need for public facilities and services of disadvantaged inhabited communities.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 56033.5 is added to the Government Code, to read:

56033.5.
 “Disadvantaged inhabited community” means inhabited territory, as defined by Section 56046 or as determined by commission policy, that constitutes all or a portion of a “disadvantaged community,” as defined by Section 75005 of the Public Resources Code.

SEC. 2.

 Section 56425 of the Government Code is amended to read:

56425.
 (a) In order to carry out its purposes and responsibilities for planning and shaping the logical and orderly development and coordination of local governmental agencies to advantageously provide for the present and future needs of the county and its communities, the commission shall develop and determine the sphere of influence of each local governmental agency within the county and enact policies designed to promote the logical and orderly development of areas within the sphere.
(b) Prior to a city submitting an application to the commission to update its sphere of influence, representatives from the city and representatives from the county shall meet to discuss the proposed new boundaries of the sphere and explore methods to reach agreement on development standards and planning and zoning requirements within the sphere to ensure that development within the sphere occurs in a manner that reflects the concerns of the affected city and is accomplished in a manner that promotes the logical and orderly development of areas within the sphere. If an agreement is reached between the city and county, the city shall forward the agreement in writing to the commission, along with the application to update the sphere of influence. The commission shall consider and adopt a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section, and the commission shall give great weight to the agreement to the extent that it is consistent with commission policies in its final determination of the city sphere.
(c) If the commission’s final determination is consistent with the agreement reached between the city and county pursuant to subdivision (b), the agreement shall be adopted by both the city and county after a noticed public hearing. Once the agreement has been adopted by the affected local agencies and their respective general plans reflect that agreement, then any development approved by the county within the sphere shall be consistent with the terms of that agreement.
(d) If no agreement is reached pursuant to subdivision (b), the application may be submitted to the commission and the commission shall consider a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section.
(e) In determining the sphere of influence of each local agency, the commission shall consider and prepare a written statement of its determinations with respect to each of the following:
(1) The present and planned land uses in the area, including agricultural and open-space lands.
(2) The present and probable need for public facilities and services in the area. Upon the next review and update of a sphere of influence that occurs pursuant to subdivision (g) on or after July 1, 2011, the review and update of each sphere of influence of a city or special district that provides public facilities or services related to sewers, nonagricultural water, or structural fire protection shall include the present and probable need for public facilities and services of any disadvantaged inhabited communities.
(3) The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide.
(4) The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency.
(f) Upon determination of a sphere of influence, the commission shall adopt that sphere.
(g) On or before January 1, 2008, and every five years thereafter, the commission shall, as necessary, review and update each sphere of influence.
(h) The commission may recommend governmental reorganizations to particular agencies in the county, using the spheres of influence as the basis for those recommendations. Those recommendations shall be made available, upon request, to other agencies or to the public. The commission shall make all reasonable efforts to ensure wide public dissemination of the recommendations.
(i) When adopting, amending, or updating a sphere of influence for a special district, the commission shall do all of the following:
(1) Require existing districts to file written statements with the commission specifying the functions or classes of services provided by those districts.
(2) Establish the nature, location, and extent of any functions or classes of services provided by existing districts.

SEC. 3.

 Section 56430 of the Government Code is amended to read:

56430.
 (a) In order to prepare and to update spheres of influence in accordance with Section 56425, the commission shall conduct a service review of the municipal services provided in the county or other appropriate area designated by the commission. The commission shall include in the area designated for service review the county, the region, the subregion, or any other geographic area as is appropriate for an analysis of the service or services to be reviewed, and shall prepare a written statement of its determinations with respect to each of the following:
(1) Growth and population projections for the affected area.
(2) The location and characteristics, including infrastructure needs or deficiencies, of any disadvantaged inhabited communities.
(3) Present and planned capacity of public facilities and adequacy of public services, including infrastructure needs or deficiencies.
(4) Financial ability of agencies to provide services.
(5) Status of, and opportunities for, shared facilities.
(6) Accountability for community service needs, including governmental structure and operational efficiencies.
(7) Any other matter related to effective or efficient service delivery, as required by commission policy.
(b) In conducting a service review, the commission shall comprehensively review all of the agencies that provide the identified service or services within the designated geographic area.
(c) The commission shall conduct a service review before, or in conjunction with, but no later than the time it is considering an action to establish a sphere of influence in accordance with Section 56425 or Section 56426.5 or to update a sphere of influence pursuant to Section 56425.

SEC. 4.

 Section 56650.1 is added to the Government Code, to read:

56650.1.
 (a) Within 180 days of receiving a petition that meets the qualifications described in subdivision (b), a board of supervisors shall adopt a resolution of application for an annexation to a city or a reorganization that includes an annexation to a city if the affected territory meets all of the following conditions:
(1) The territory is all or a portion of a disadvantaged inhabited community.
(2) The territory is an inhabited territory.
(3) The territory is within the city’s sphere of influence.
(4) The territory is contiguous to the city.
(b) A petition to request a board of supervisors to apply for an annexation to a city or reorganization that includes an annexation to a city shall be signed by either of the following:
(1) Not less than 25 percent of the registered voters residing in the territory proposed to be annexed, as shown on the county register of voters.
(2) Not less than 25 percent of the number of owners of land within the territory proposed to be annexed who also own 25 percent of the assessed value of land within the territory as shown on the last equalized assessment roll.
(c) Unless prohibited by federal law, a county may apply for community development block grant funding to offset some or all of county costs related to this section.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.