Bill Text: CA AB853 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government: organization.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB853 Detail]

Download: California-2009-AB853-Amended.html

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BILL NUMBER: AB 853	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2010
	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN SENATE  JUNE 9, 2010
	AMENDED IN ASSEMBLY  MAY 18, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

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, as amended, 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.
   The 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, or
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.
State-mandated 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 review and update, as necessary, 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.
  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.