Bill Text: CA AB1582 | 2009-2010 | Regular Session | Chaptered
Bill Title: Local agencies: spheres of influence.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 155, Statutes of 2009. [AB1582 Detail]
Download: California-2009-AB1582-Chaptered.html
BILL NUMBER: AB 1582 CHAPTERED
BILL TEXT
CHAPTER 155
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JUNE 24, 2009
PASSED THE ASSEMBLY JULY 6, 2009
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
INTRODUCED BY Committee on Local Government (Caballero (Chair),
Knight (Vice Chair), Arambula, Davis, Duvall, Krekorian, and Skinner)
MARCH 31, 2009
An act to amend Sections 56426.5, 56663, 57051, 57052, 57116, and
57150 of, and to amend and renumber Section 56426.5 of, the
Government Code, relating to local agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 1582, Committee on Local Government. Local agencies: spheres of
influence.
(1) Existing law requires a Local Agency Formation Commission to
develop and determine the sphere of influence of each local
governmental agency within the county. A commission is authorized, at
the time a commission approves a proposal for an incorporation or a
reorganization which includes an incorporation, to determine the
sphere of influence for the proposed new city. The commission is
required to determine the sphere of influence for any newly
incorporated city within one year of the effective date of
incorporation.
This bill would authorize a commission, beginning January 1, 2010,
to determine the sphere of influence for a proposed new district,
when a commission approves a formation or reorganization that
includes the formation of a district. The commission would be
required to determine the sphere of influence for any newly formed
district within one year of the effective date of formation.
(2) The Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000 governs the procedures for the formation and change of
organization of cities and special districts. In the case of a
petition for an annexation, a detachment, or a reorganization
consisting solely of annexations or detachments, or both, signed by
all of the landowners in the territory affected by the proposal, the
commission may approve or disapprove the proposal without notice or
hearing, if prescribed conditions are met. With respect to
uninhabited territory, the commission may waive protest proceedings
if all the owners of land have given written consent and no subject
agency has submitted written opposition to a waiver of protest.
This bill would, with respect to uninhabited territory,
additionally permit the commission to waive protest proceedings in
the case of private railroad companies, if no private railroad
company owners of land have submitted written opposition to a waiver
of protest before the conclusion of the commission hearing and no
subject agency has submitted written opposition to a waiver of
protest.
(3) Existing law permits any owner of land or registered voter
within inhabited territory proposed to be annexed or detached, or any
owner of land within uninhabited territory proposed to be annexed or
detached, to file a written protest against the annexation or
detachment at any time prior to the conclusion of the noticed
protest. The written protest is required to include the name and
address of the owner of the land affected and the street address or
other description sufficient to identify the location of the land or
the name and address of the registered voter as it appears on the
affidavit of registration.
This bill would repeal the requirement that the written protest
include that information and would instead require the written
protest to contain the same information that is required in a
petition that proposes a change or organization or reorganization.
The bill would additionally require the commission to determine the
value of written protests in accordance with those petition
requirements, and would make other technical changes.
(4) Existing law requires the expenses incurred in conducting
elections for a change of organization or reorganization to be paid
in a specified manner.
This bill would make technical conforming changes to that
provision.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56426.5 of the Government Code, as added by
Section 6 of Chapter 1384 of the Statutes of 1989, is amended to
read:
56426.5. (a) Beginning January 1, 1990, at the time a commission
approves a proposal for an incorporation or a reorganization which
includes an incorporation, the commission may determine the sphere of
influence for the proposed new city. The commission shall determine
the sphere of influence for any newly incorporated city within one
year of the effective date of incorporation.
(b) Beginning January 1, 2010, at the time when a commission
approves a formation or reorganization that includes the formation of
a district, the commission may determine the sphere of influence for
the proposed new district. The commission shall determine the sphere
of influence for any newly formed district within one year of the
effective date of formation.
SEC. 2. Section 56426.5 of the Government Code, as added by
Section 4 of Chapter 614 of the Statutes of 2002, is amended and
renumbered to read:
56426.6. (a) The commission shall not approve a change to the
sphere of influence of a local government agency of territory that is
subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Chapter 7 (commencing with Section 51200)
of Part 1 of Division 1) if that local government agency provides, or
would provide, facilities or services related to sewers,
nonagricultural water, or streets and roads to the territory, unless
these facilities or services benefit land uses that are allowed under
the contract and the landowner consents to the change to the sphere
of influence.
(b) (1) Notwithstanding subdivision (a), the commission may
nevertheless approve a change for that territory if it finds either
of the following:
(A) That the change would facilitate planned, orderly, and
efficient patterns of land use or provision of services, and the
public interest in the change substantially outweighs the public
interest in the current continuation of the contract beyond its
current expiration date.
(B) That the change is not likely to adversely affect the
continuation of the contract beyond its current expiration date.
(2) In making a determination pursuant to this subdivision, the
commission shall consider all of the following:
(A) The policies and implementation measures adopted by the city
or county that would administer the contract both before and after
any ultimate annexation, relative to the continuation of agriculture
or other uses allowable under the contract.
(B) The infrastructure plans of the annexing agency.
(C) Other factors that the commission deems relevant.
(c) This section shall not apply to any of the following:
(1) Territory that is subject to a contract for which a notice of
nonrenewal has been served pursuant to Section 51245.
(2) Territory that is subject to a contract for which a tentative
cancellation has been approved pursuant to Section 51282.
(3) Territory for which the governing body of the county or city
administering the contract has given its written approval to the
change and the landowner consents to the change.
SEC. 3. Section 56663 of the Government Code is amended to read:
56663. (a) If a petition for an annexation, a detachment, or a
reorganization consisting solely of annexations or detachments, or
both, or the formation of a county service area is signed by all of
the owners of land within the affected territory of the proposed
change of organization or reorganization, or if a resolution of
application by a legislative body of an affected district, affected
county, or affected city making a proposal for an annexation or
detachment, or for a reorganization consisting solely of annexations
or detachments, or both, or the formation of a county service area is
accompanied by proof, satisfactory to the commission, that all the
owners of land within the affected territory have given their written
consent to that change of organization or reorganization, the
commission may approve or disapprove the change of organization or
reorganization, without notice and hearing by the commission. In
those cases, the commission may also approve and conduct proceedings
for the change of organization or reorganization under any of the
following conditions:
(1) Without notice and hearing.
(2) Without an election.
(3) Without notice, hearing, or an election.
(b) The executive officer shall give any affected agency mailed
notice of the filing of the petition or resolution of application
initiating proceedings by the commission. The commission shall not,
without the written consent of the subject agency, take any further
action on the petition or resolution of application for 10 days
following that mailing. Upon written demand by an affected local
agency, filed with the executive officer during that 10-day period,
the commission shall make determinations upon the petition or
resolution of application only after notice and hearing on the
petition or resolution of application. If no written demand is filed,
the commission may make those determinations without notice and
hearing. By written consent, which may be filed with the executive
officer at any time, a subject agency may do any of the following:
(1) Waive the requirement of mailed notice.
(2) Consent to the commission making determinations without notice
and hearing.
(3) Waive the requirement of mailed notice and consent to the
commission making determinations without notice and hearing.
(c) In the case of uninhabited territory, the commission may waive
protest proceedings pursuant to Part 4 (commencing with Section
57000) entirely if both of the following apply:
(1) All the owners of land within the affected territory have
given their written consent to the change of organization or
reorganization, or in the case of private railroad companies, no
private railroad company that is an owner of land within the affected
territory has submitted written opposition to a waiver of protest
proceedings prior to the conclusion of the commission hearing.
(2) No subject agency has submitted written opposition to a waiver
of protest proceedings.
(d) In the case of inhabited city and district annexations or
detachments, or both, the commission may waive protest proceedings
pursuant to Part 4 (commencing with Section 57000) entirely if both
of the following conditions apply:
(1) The commission has provided written notice of commission
proceedings to all registered voters and landowners within the
affected territory and no written opposition from registered voters
or landowners within the affected territory is received prior to the
conclusion of the commission hearing. The written notice shall
disclose to the registered voters and landowners that unless written
opposition is received regarding the proposal or the commission's
intention to waive protest proceedings, that there will be no
subsequent protest and election proceedings.
(2) No subject agency has submitted written opposition to a waiver
of protest proceedings.
SEC. 4. Section 57051 of the Government Code is amended to read:
57051. At any time prior to the conclusion of the protest hearing
in the notice given by the executive officer, but not thereafter,
any owner of land or any registered voter within inhabited territory
that is the subject of a proposed change of organization or
reorganization, or any owner of land within uninhabited territory
that is the subject of a proposed change of organization or
reorganization, may file a written protest against the change of
organization or reorganization. Each written protest shall state
whether it is made by a landowner or registered voter and shall
include the same information that is required in a petition for a
change of organization or reorganization, as specified in Section
56704. Protests may be made on behalf of an owner of land by an agent
authorized in writing by the owner to act as agent with respect to
that land. Protests may be made on behalf of a private corporation
which is an owner of land by any officer or employee of the
corporation without written authorization by the corporation to act
as agent in making that protest.
Each written protest shall show the date that each signature was
affixed to the protest. All signatures without a date or bearing a
date prior to the date of publication of the notice shall be
disregarded for purposes of ascertaining the value of any written
protests.
SEC. 5. Section 57052 of the Government Code is amended to read:
57052. Upon conclusion of the protest hearing, the commission
shall determine the value of written protests filed and not
withdrawn. The value of written protests shall be determined in the
same manner prescribed in Sections 56704, 56707, 56708, and 56710 for
determining the sufficiency of petitions filed with the commission.
SEC. 6. Section 57116 of the Government Code is amended to read:
57116. In addition to any other requirements, any resolution of
the commission ordering an incorporation subject to an election shall
do all of the following:
(a) Provide for the election of the officers of the proposed city
required to be elected, except as provided in Section 56724 and
except as to officers designated as appointive, pursuant to Section
56723.
(b) Provide for the election on the question of whether members of
the city council in future elections are to be elected by district,
from district, or at large.
(c) If the petition so requests, state that the voters may express
a preference as to whether or not the city shall operate under the
city manager form of government, the ballot question being for or
against the city manager form of government.
(d) If the petition so requests, state that the voters may express
their preference between names for the new city.
SEC. 7. Section 57150 of the Government Code is amended to read:
57150. All proper expenses incurred in conducting elections for a
change of organization or reorganization pursuant to this chapter
shall be paid, unless otherwise provided by agreement between the
commission and the proponents, as follows:
(a) In the case of annexation or detachment proceedings, by the
local agency to or from which territory is annexed, or from which
territory is detached, or was proposed to be annexed or detached.
(b) In the case of incorporation or formation proceedings, by the
newly incorporated city or the newly formed district, if successful,
or by the county within which the proposed city or district is
located, if the incorporation proceedings are terminated. In the case
of a separate election for city officers held following the election
for incorporation pursuant to Section 56825.5, by the newly
incorporated city.
(c) In the case of disincorporation or dissolution proceedings,
from the remaining assets of the disincorporated city or dissolved
district or by the city proposed to be disincorporated or the
district proposed to be dissolved if disincorporation or dissolution
proceedings are terminated.
(d) In the case of consolidation proceedings, by the successor
city or district or by the local agencies proposed to be
consolidated, to be paid by those local agencies in proportion to
their respective assessed values, if proceedings are terminated.
(e) In the case of a reorganization, by either of the following:
(1) If the reorganization is ordered, by the subject local
agencies or successor local agencies, as the case may be, for any of
the changes of organization specified in subdivisions (a) to (d),
inclusive, that may be included in the particular reorganization, to
be paid by those local agencies in proportion to their assessed
value.
(2) If the reorganization proceedings are terminated or the
proposal is defeated, by the county or counties within which the
subject local agency is located.
