AB 2910, as amended, Committee on Local Government. Local government: organization: omnibus bill.
(1) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. Under existing law, with certain exceptions, a public agency is authorized to exercise new or extended services outside the public agency’s jurisdictional boundaries pursuant to a fire protection contract only if the public agency receives written approval from the local agency formation commission in the affected county. Existing law defines the term “jurisdictional boundaries” for these purposes. Existing law, for these purposes, references a public agency’s current service area.
This bill would revise these provisions to remove references to a public agency’s current service area and instead include references to the public agency’s jurisdictional boundaries. The bill would additionally make other technical changes.
(2) Existing law states that the purpose of a local agency formation commission is, among other things, to efficiently provide government services.
This bill would instead provide that one of the purposes of a commission is to encourage the efficient provision of government services.
(3) Existing law establishes the membership of local agency formation commissions in each county, and authorizes appointment of a public member and an alternate public member.
This bill would require the public member and alternate public member to be residents of the
begin delete affected county.end delete
(4) Existing law requires a proponent of a change of organization or reorganization, of cities and districts, to file a notice of intention with the local agency formation commission prior to circulating a petition, as specified.
This bill would exempt from this requirement a petition signed by landowners if all parcels within the affected territory are vested under the same ownership.
(5) Existing law requires a city that is subject to disincorporation to ascertain information relating to the city’s debt or contractual obligations and responsibilities, and provide a written statement to the local agency formation commission that includes, among other things, the amount of any tax levy or other obligation due to the city that is unpaid or has not been collected.
This bill would make
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(6) Existing law requires a local agency formation commission to adopt a resolution making determinations approving or disapproving a proposal, and requires the resolution for a proposal initiated by the commission to make a determination that a change of organization or reorganization that is authorized by the commission promotes public access and accountability for community services needs and financial resources.
This bill would make a technical change to this provision.
(7) Existing law requires notice of each change of organization or reorganization election to be given by publication, posting, and mailing, as specified.
This bill would correct an incorrect cross reference in this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 56134 of the Government Code is
2amended to read:
(a) (1) For the purposes of this section, “fire protection
4contract” means a contract or agreement for the exercise of new
5or extended fire protection services outside a public agency’s
6jurisdictional boundaries, as authorized by Chapter 4 (commencing
7with Section 55600) of Part 2 of Division 2 of Title 5 of this code
8or by Article 4 (commencing with Section 4141) of Chapter 1 of
9Part 2 of Division 4 of the Public Resources Code, except those
10contracts entered into pursuant to Sections 4143 and 4144 of the
11Public Resources Code, that does either of the following:
12(A) Transfers responsibility for providing services in more than
1325 percent of the area within the jurisdictional boundaries of any
14public agency affected by the contract or agreement.
15(B) Changes the employment status of more than 25 percent of
16the employees of any public agency affected by the contract or
18(2) A contract or agreement for the exercise of new or extended
19fire protection services outside a public agency’s jurisdictional
P4 1boundaries, as authorized by Chapter 4 (commencing with Section
255600) of Part 2 of Division 2 of Title 5 of this code or Article 4
3(commencing with Section 4141) of Chapter 1 of Part 2 of Division
44 of the Public Resources Code, except those contracts entered
5into pursuant to Sections 4143 and 4144 of the Public Resources
6Code, that, in combination with other contracts or agreements,
7would produce the results described in subparagraph (A) or (B)
8of paragraph (1) shall be deemed a fire protection contract for the
9purposes of this section.
10(3) For the purposes of this section, “jurisdictional boundaries”
11shall include the territory or lands protected pursuant to a fire
12protection contract entered into on or before December 31, 2015.
13An extension of a fire protection contract entered into on or before
14December 31, 2015, that would produce the results described in
15subparagraph (A) or (B) of paragraph (1) shall be deemed a fire
16protection contract for the purposes of this section.
17(b) Notwithstanding Section 56133, a public agency may provide
18new or extended services pursuant to a fire protection contract
19only if it first requests and receives written approval from the
20commission in the affected county pursuant to the requirements
21of this section.
22(c) A request by a public agency for commission approval of
23new or extended services provided pursuant to a fire protection
24contract shall be made by the adoption of a resolution of application
26(1) In the case of a public agency that is not a state agency, the
27application shall be initiated by the adoption of a resolution of
28application by the legislative body of the public agency proposing
29to provide new or extended services outside the public agency’s
30current jurisdictional boundaries.
31(2) In the case of a public agency that is a state agency, the
32application shall be initiated by the director of the state agency
33proposing to provide new or extended services outside the agency’s
34current jurisdictional boundaries and be approved by the Director
36(3) In the case of a public agency that is a local agency currently
37under contract with a state agency for the provision of fire
38protection services and proposing to provide new or extended
39services by the expansion of the existing contract or agreement,
P5 1the application shall be initiated by the public agency that is a local
2agency and be approved by the Director of Finance.
3(d) The legislative body of a public agency or the director of a
4state agency shall not submit a resolution of application pursuant
5to this section unless both of the following occur:
6(1) The public agency does either of the following:
7(A) Obtains and submits with the resolution a written agreement
8validated and executed by each affected public agency and
9recognized employee organization that represents firefighters of
10the existing and proposed service providers consenting to the
11proposed fire protection contract.
12(B) Provides, at least 30 days prior to the hearing held pursuant
13to paragraph (2), written notice to each affected public agency and
14recognized employee organization that represents firefighters of
15the existing and proposed service providers of the proposed fire
16protection contract and submits a copy of each written notice with
17the resolution of application. The notice shall, at minimum, include
18a full copy of the proposed contract.
19(2) The public agency conducts an open and public hearing on
20the resolution, conducted pursuant to the Ralph M. Brown Act
21(Chapter 9 (commencing with Section 54950) of Part 1 of Division
222 of Title 5) or the Bagley-Keene Open Meeting Act (Article 9
23(commencing with Section 11120) of Chapter 1 of Part 1 of
24Division 3 of Title 2), as applicable.
25(e) A resolution of application submitted pursuant to this section
26shall be submitted with a plan which shall include all of the
28(1) The total estimated cost to provide the new or extended fire
29protection services in the affected territory.
30(2) The estimated cost of the new or extended fire protection
31services to customers in the affected territory.
identification of existing service providers, if any, of the
33new or extended services proposed to be provided and the potential
34fiscal impact to the customers of those existing providers.
35(4) A plan for financing the exercise of the new or extended fire
36protection services in the affected territory.
37(5) Alternatives for the exercise of the new or extended fire
38protection services in the affected territory.
39(6) An enumeration and description of the new or extended fire
40protection services proposed to be extended to the affected territory.
P6 1(7) The level and range of new or extended fire protection
3(8) An indication of when the new or extended fire protection
4services can feasibly be extended to the affected territory.
5(9) An indication of any improvements or upgrades to structures,
6roads, sewer or water facilities, or other conditions the public
7agency would impose or require within the affected territory if the
8fire protection contract is completed.
9(10) A determination, supported by documentation, that the
10proposed fire protection contract meets the criteria established
11pursuant to subparagraph (A) or (B) of paragraph (1) or paragraph
12(2), as applicable, of subdivision (a).
13(f) The applicant shall cause to be prepared by contract an
14independent fiscal analysis to be submitted with the application
15 pursuant to this section. The analysis shall review and document
16all of the following:
17(1) A thorough review of the plan for services submitted by the
18public agency pursuant to subdivision (e).
19(2) How the costs of the existing service provider compare to
20the costs of services provided in service areas with similar
21populations and of similar geographic size that provide a similar
22level and range of services and make a reasonable determination
23of the costs expected to be borne by the public agency providing
24new or extended fire protection services.
25(3) Any other information and analysis needed to support the
26findings required by subdivision (j).
27(g) The clerk of the legislative body of a public agency or the
28director of a state agency adopting a resolution of application
29pursuant to this section shall file a certified copy of the resolution
30with the executive officer.
31(h) (1) The executive officer, within 30 days of receipt of a
32public agency’s request for approval of a fire protection contract,
33 shall determine whether the request is complete and acceptable
34for filing or whether the request is incomplete. If a request does
35not comply with the requirements of subdivision (d), the executive
36officer shall determine that the request is incomplete. If a request
37is determined incomplete, the executive officer shall immediately
38transmit that determination to the requester, specifying those parts
39of the request that are incomplete and the manner in which they
40can be made complete. When the request is deemed complete, the
P7 1executive officer shall place the request on the agenda of the next
2commission meeting for which adequate notice can be given but
3not more than 90 days from the date that the request is deemed
5(2) The commission shall approve, disapprove, or approve with
6conditions the contract for new or extended services following the
7hearing at the commission meeting, as provided in paragraph (1).
8If the contract is disapproved or approved with conditions, the
9applicant may request reconsideration, citing the reasons for
11(i) (1) The commission shall not approve an application for
12approval of a fire protection contract unless the commission
13determines that the public agency will have sufficient revenues to
14carry out the exercise of the new or extended fire protection
15services outside its jurisdictional boundaries, except as specified
16in paragraph (2).
17(2) The commission may approve an application for approval
18of a fire protection contract where the commission has determined
19that the public agency will not have sufficient revenue to provide
20the proposed new or different functions or class of services, if the
21commission conditions its approval on the concurrent approval of
22sufficient revenue sources pursuant to Section 56886. In approving
23a proposal, the commission shall provide that, if the revenue
24sources pursuant to Section 56886 are not approved, the authority
25of the public agency to provide new or extended fire protection
26services shall not be exercised.
27(j) The commission shall not approve an application for approval
28of a fire protection contract unless the commission determines,
29based on the entire record, all of the following:
30(1) The proposed exercise of new or extended fire protection
31services outside a public agency’s jurisdictional boundaries is
32consistent with the intent of this division, including, but not limited
33 to, the policies of Sections 56001 and 56300.
34(2) The commission has reviewed the fiscal analysis prepared
35pursuant to subdivision (f).
36(3) The commission has reviewed any testimony presented at
37the public hearing.
38(4) The proposed affected territory is expected to receive
39revenues sufficient to provide public services and facilities and a
40reasonable reserve during the three fiscal years following the
P8 1effective date of the contract or agreement between the public
2agencies to provide the new or extended fire protection services.
3(k) At least 21 days prior to the date of the hearing, the executive
4officer shall give mailed notice of that hearing to each affected
5local agency or affected county, and to any interested party who
6has filed a written request for notice with the executive officer. In
7addition, at least 21 days prior to the date of that hearing, the
8executive officer shall cause notice of the hearing to be published
9in accordance with Section 56153 in a newspaper of general
10circulation that is circulated within the territory affected by the
11proposal proposed to be adopted and shall post the notice of the
12hearing on the commission’s Internet Web site.
13(l) The commission may continue from time to time any hearing
14called pursuant to this section. The commission shall hear and
15consider oral or written testimony presented by any affected local
16agency, affected county, or any interested person who appears at
17any hearing called and held pursuant to this section.
18(m) This section shall not be construed to abrogate a public
19agency’s obligations under the Meyers-Milias-Brown Act (Chapter
2010 (commencing with Section 3500) of Division 4 of Title 1).
Section 56301 of the Government Code is amended
Among the purposes of a commission are discouraging
24urban sprawl, preserving open-space and prime agricultural lands,
25encouraging the efficient provision of government services, and
26encouraging the orderly formation and development of local
27agencies based upon local conditions and circumstances. One of
28the objects of the commission is to make studies and to obtain and
29furnish information which will contribute to the logical and
30reasonable development of local agencies in each county and to
31shape the development of local agencies so as to advantageously
32provide for the present and future needs of each county and its
33communities. When the formation of a new government entity is
34proposed, a commission shall make a determination as to whether
35existing agencies can feasibly provide the needed service or
36services in a more efficient and accountable manner. If a new
37single-purpose agency is deemed necessary, the commission shall
38consider reorganization with other single-purpose agencies that
39provide related services.
Section 56331 of the Government Code is amended
When appointing a public member pursuant to Sections
456325, 56326, 56326.5, 56327, 56328, 56328.5, and 56329, the
5commission may also appoint one alternate public member who
6may serve and vote in place of a regular public member who is
7absent or who disqualifies himself or herself from participating in
8a meeting of the commission. The public member and the alternate
9public member shall be residents of the
begin delete affected county.end delete
11If the office of a regular public member becomes vacant, the
12alternate member may serve and vote in place of the former regular
13public member until the appointment and qualification of a regular
14public member to fill the vacancy.
15No person appointed as a public member or alternate public
16member pursuant to this chapter shall be an officer or employee
17of the county or any city or district with territory in the county,
18provided, however, that any officer or employee serving on January
191, 1994, may complete the term for which he or she was appointed.
Section 56700.4 of the Government Code is amended
(a) Before circulating any petition for change of
23organization, the proponent shall file with the executive officer a
24notice of intention that shall include the name and mailing address
25of the proponent and a written statement, not to exceed 500 words
26in length, setting forth the reasons for the proposal. The notice
27shall be signed by a representative of the proponent, and shall be
28in substantially the following form:
30Notice of Intent to Circulate Petition
32Notice is hereby given of the intention to circulate a petition
33proposing to ____.
34The reasons for the proposal are:
35(b) After the filing required pursuant to subdivision (a), the
36petition may be circulated for signatures.
37(c) Upon receiving the notice, the executive officer shall notify
38affected local agencies.
39(d) The notice requirements of this section shall apply in addition
40to any other applicable notice requirements.
P10 1(e) This section shall not apply to any petition signed by
2landowners if all parcels within the affected territory are vested
3under the same ownership.
Section 56816 of the Government Code is amended
(a) It is the intent of the Legislature that any proposal
7that includes the disincorporation of a city result in a determination
8that the debt or contractual obligations and responsibilities of the
9city being disincorporated shall be the responsibility of that same
10territory for repayment. To ascertain this information, the city shall
11provide a written statement that determines and certifies all of the
12following to the commission prior to the issuance of a certificate
13of filing for a disincorporation proposal, pursuant to Sections 56651
15(1) The indebtedness of the city.
16(2) The amount of money in the city’s treasury.
17(3) The amount of any tax
begin delete levyend delete or other
18obligation due to the city that is unpaid or has not been collected.
19(4) The amount of current and future liabilities, both internal
20debt owed to other special or restricted funds or enterprise funds
21within the agency and external debt owed to other public agencies
22or outside lenders or that results from contractual obligations,
23which may include contracts for goods or services, retirement
24obligations, actuarially determined unfunded pension liability of
25all classes in a public retirement system, including any
26documentation related to the termination of public retirement
27contract provisions, and the liability for other postemployment
28benefits. The information required by this paragraph shall include
29any associated revenue stream for financing that may be or has
30been committed to that liability, including employee contributions.
31(b) The city shall provide a written statement identifying the
32successor agency to the city’s former redevelopment agency, if
33any, pursuant to Section 34173 of the Health and Safety Code.
Section 56881 of the Government Code is amended
The resolution making determinations shall also do all
37of the following:
38(a) Make any of the findings or determinations authorized or
39required pursuant to Section 56375.
P11 1(b) For any proposal initiated by the commission pursuant to
2subdivision (a) of Section 56375, make both of the following
4(1) Public service costs of a proposal that the commission is
5authorizing are likely to be less than or substantially similar to the
6costs of alternative means of providing the service.
7(2) A change of organization or reorganization that is authorized
8by the commission promotes public access and accountability for
9community services needs and financial resources.
10(c) If applicable, assign a distinctive short-term designation to
11the affected territory and a description of the territory.
12(d) Initiate protest proceedings pursuant to Part 4 (commencing
13with Section 57000) in compliance with the resolution.
(a) If a change of organization consists of a
17dissolution, the commission shall order the dissolution without
18confirmation of the voters, except if the proposal meets the
19requirements of subdivision (b), the commission shall order the
20dissolution subject to confirmation of the voters.
21(b) The commission shall order the dissolution subject to the
22confirmation of the voters as follows:
23(1) If the proposal was not initiated by the commission, and if
24a subject agency has not objected by resolution to the proposal,
25the commission has found that protests meet one of the following
27(A) In the case of inhabited territory,
protests have been signed
28by either of the following:
29(i) At least 25 percent of the number of landowners within the
30affected territory who own at least 25 percent of the assessed value
31of land within the territory.
32(ii) At least 25 percent of the voters entitled to vote as a result
33of residing within, or owning land within, the affected territory.
34(B) In the case of a landowner-voter district, that the territory
35is uninhabited and that protests have been signed by at least 25
36percent of the number of landowners within the affected territory
37owning at least 25 percent of the assessed value of land within the
P12 1(2) If the proposal was not initiated by the commission, and if
2a subject agency has objected by resolution to the proposal, written
3 protests have been submitted as follows:
4(A) In the case of inhabited territory, protests have been signed
5by either of the following:
6(i) At least 25 percent of the number of landowners within any
7subject agency within the affected territory who own at least 25
8percent of the assessed value of land within the territory.
9(ii) At least 25 percent of the voters entitled to vote as a result
10of residing within, or owning land within, any subject agency
11within the affected territory.
12(B) In the case of a landowner-voter district, that the territory
13is uninhabited and protests have been signed by at least 25 percent
14of the number of landowners within any subject agency within the
15affected territory, owning at least 25 percent of the assessed value
16of land within the subject agency.
17(3) If the proposal was initiated by the commission, and
18regardless of whether a subject agency has objected to the proposal
19by resolution, written protests have been submitted that meet the
20requirements of Section 57113.
21(c) Notwithstanding subdivisions (a) and (b) and
begin delete Section 57102,end delete
22 if a change of organization consists of
23the dissolution of a district that is consistent with a prior action of
24the commission pursuant to Section 56378, 56425, or 56430, the
25commission may do either of the following:
26(1) If the dissolution is initiated by the district board,
27immediately approve and order the dissolution without an election
28or protest proceedings pursuant to this part.
29(2) If the dissolution is initiated by an affected local agency, by
30the commission pursuant to Section 56375, or by petition pursuant
31to Section 56650, order the dissolution after holding at least one
32noticed public hearing, and after conducting protest proceedings
33in accordance with this part. Notwithstanding any other law, the
34commission shall terminate proceedings if a majority protest exists
35in accordance with Section 57078. If a majority protest is not
36found, the commission shall order the dissolution without an
Section 57130 of the Government Code is amended
The elections official shall cause notice of each change
2of organization or reorganization election to be given by
3publication, posting, and mailing as provided in Chapter 2
4(commencing with Section 57025) of Part 4.