SB 239, as amended, Hertzberg. Local services: contracts: fire protection services.
Existing law prescribes generally the powers and duties of the local agency formation commission in each county with respect to the review approval or disapproval of proposals for changes of organization or reorganization of cities and special districts within that county. Existing lawbegin delete establishes commission proceedings to consider the exercise of new or different functions or services, or the divestiture of the power to provide particular functions or services, by special districts.end deletebegin insert permits a city or district to provide extended services, as defined, outside its jurisdictional boundaries only if it first requests and receives written approval from the local agency formation commission in the affected county. Under
existing law, the commission may authorize a city or district to provide new or extended services outside both its jurisdictional boundaries and its sphere of influence under specified circumstances.end insert
This bill wouldbegin delete establish commission proceedings to consider theend deletebegin insert permit a public agency toend insert exercisebegin delete ofend delete new or extendedbegin delete fire protectionend delete services outsidebegin delete aend deletebegin insert theend insert public agency’s current service areabegin delete by contract or agreement.end deletebegin insert
pursuant to a fire protection reorganization contract, as defined, only if the public agency receives written approval from the local agency formation commission in the affected county.end insert The bill would requirebegin insert thatend insert the legislative body of a public agencybegin delete toend deletebegin insert that is not a state agencyend insert adopt a resolutionbegin insert of applicationend insert and submit the resolution along with a plan for services, asbegin delete provided. The bill would requireend deletebegin insert
provided, andend insert that a proposal by a state agency be initiated by the director of the agency with the approval of the Governor. The bill would require, prior to adopting the resolution or submitting the proposal, the public agency to enter into a written agreement for the performance of new or extendedbegin delete fire protectionend delete servicesbegin insert pursuant to a fire protection reorganization contractend insert with each affected public agency and recognized employee organization representing firefighters in the affected area and to conduct a public hearing on the resolution.begin delete The bill would provide that a proposal for a change of organization that involves the exercise of new or extended fire protection services outside a public agency’s current service area by contract or agreement may be initiated only by these proceedings.end delete
The bill would require the commission to approve or disapprove the proposal as specified. The bill would require the commission to consider, among other things,begin delete to reviewend delete a comprehensive fiscal analysis prepared by the executive officer in accordance with specified requirements.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 56021 of the Government Code is
2amended to read:
“Change of organization” means any of the following:
P3 1(a) A city incorporation.
2(b) A district formation.
3(c) An annexation to a city.
4(d) An annexation to a district.
5(e) A detachment from a city.
6(f) A detachment from a district.
7(g) A disincorporation of a city.
8(h) A district dissolution.
9(i) A consolidation of cities.
10(j) A consolidation of special districts.
11(k) A merger of a city and a district.
12(l) Establishment of a subsidiary district.
13(m) The exercise of new or different functions or classes of
14services, or divestiture of the power to provide particular functions
15or classes of services, within all or part of the jurisdictional
16boundaries of a special district as provided in Article 1.5
17(commencing with Section 56824.10) of Chapter 5 of Part 3 of
18this division.
19(n) The exercise of new or extended fire protection services
20outside
a public agency’s current service area by contract or
21agreement, as authorized by Chapter 4 (commencing with Section
2255600) of Part 2 of Division 2 of Title 5 of this code or Article 4
23(commencing with Section 4141) of Chapter 1 of Part 2 of Division
244 of the Public Resources Code, as provided in Article 1.6
25(commencing with Section 56824.20) of Chapter 5 of Part 3 of
26Division 3 of Title 5 of this code.
Section 56654 of the Government Code is amended
28to read:
(a) A proposal for a change of organization or a
30reorganization may be made by the adoption of a resolution of
31application by the legislative body of an affected local agency,
32except as provided in subdivision (b).
33(b) (1) Notwithstanding Section 56700, a proposal for a change
34of organization that involves the exercise of new or different
35functions or classes of services, or the divestiture of the power to
36provide particular functions or classes of services, within all or
37part of the jurisdictional boundaries of a special district, shall only
38be initiated by the legislative body of that special
district in
39accordance with Article 1.5 (commencing with Section 56824.10)
40of Chapter 5.
P4 1(2) Notwithstanding Section 56700, a proposal for a change of
2organization that involves the exercise of new or extended services
3outside a public agency’s current service area by contract or
4agreement, as defined in subdivision (n) of Section 56021, shall
5only be initiated in accordance with Article 1.6 (commencing with
6Section 56824.20) of Chapter 5.
7(c) At least 21 days before the adoption of the resolution, the
8legislative body may give mailed notice of
its intention to adopt
9a resolution of application to the commission and to each interested
10agency and each subject agency. The notice shall generally describe
11the proposal and the affected territory.
12(d) Except for the provisions regarding signers and signatures,
13a resolution of application shall contain all of the matters specified
14for a petition in Section 56700 and shall be submitted with a plan
15for services prepared pursuant to Section 56653.
Section 56800.5 is added to the Government Code, to
17read:
For a proposal for a change of organization that
19involves the exercise of new or extended services outside a public
20agency’s current service area by contract or agreement, as defined
21in subdivision (n) of Section 56021, the executive officer shall
22prepare, or cause to be prepared by contract, a comprehensive
23fiscal analysis. This analysis shall become part of the report
24required pursuant to Section 56665. Data used for the analysis
25shall be from the most recent fiscal year for which data are
26available, preceding the issuance of the certificate of filing. When
27data requested by the executive officer in the notice of affected
28agencies are unavailable, the analysis shall document the source
29and methodology of the data used. The analysis shall review and
30document each of the following:
31(a) The costs to the public agency that has proposed to provide
32new or extended services during the three fiscal years following
33a public agency entering into a contract to provide new or extended
34services outside its current service area by contract or agreement,
35in accordance with the following requirements:
36(1) The executive officer shall include all direct and indirect
37cost impacts to the existing service provider in the affected
38territory.
39(2) The executive officer shall review how the costs of the
40existing service provider compare to the costs of services provided
P5 1in service areas with similar populations and of similar geographic
2size that provide a similar level and range of services and shall
3make a reasonable determination of the costs expected to be borne
4by the public agency providing new or extended
services.
5(b) The revenues of the public agency that has proposed a new
6or extended service outside its current service area during the three
7fiscal years following the effective date of a contract or agreement
8with another public agency to provide a new or extended service.
9(c) The effects on the costs and revenues of any affected public
10agency, including the public agency proposing to provide the new
11or extended service, during the three fiscal years that the new or
12extended service will be provided.
13(d) Any other information and analysis needed to make the
14findings required by Section 56824.24.
Section 56824.10 of the Government Code is amended
16to read:
Commission proceedings for the exercise of new or
18different functions or classes of services or divestiture of the power
19to provide particular functions or classes of services, within all or
20part of the jurisdictional boundaries of a special district, pursuant
21to paragraph (1) of subdivision (b) of Section 56654, may be
22initiated by a resolution of application in accordance with this
23article.
Section 56824.12 of the Government Code is amended
25to read:
(a) A proposal by a special district to provide a new
27or different function or class of services or divestiture of the power
28to provide particular functions or classes of services, within all or
29part of the jurisdictional boundaries of a special district, pursuant
30to paragraph (1) of subdivision (b) of Section 56654, shall be made
31by the adoption of a resolution of application by the legislative
32body of the special district and shall include all of the matters
33specified for a petition in Section 56700, except paragraph (6) of
34subdivision (a) of Section 56700, and be submitted with a plan for
35services prepared pursuant to Section 56653. The plan for services
36for purposes of
this article shall also include all of the following
37information:
38(1) The total estimated cost to provide the new or different
39function or class of services within the special district’s
40jurisdictional boundaries.
P6 1(2) The estimated cost of the new or different function or class
2of services to customers within the special district’s jurisdictional
3boundaries. The estimated costs may be identified by customer
4class.
5(3) An identification of existing providers, if any, of the new
6or different function or class of services proposed to be provided
7and the potential fiscal impact to the customers of those existing
8providers.
9(4) A written summary of whether the new or different function
10or class of services or divestiture of the power to provide particular
11
functions or classes of services, within all or part of the
12jurisdictional boundaries of a special district, pursuant to
paragraph
13(1) of subdivision (b) of Section 56654, will involve the activation
14or divestiture of the power to provide a particular service or
15services, service function or functions, or class of service or
16services.
17(5) A plan for financing the establishment of the new or different
18function or class of services within the special district’s
19jurisdictional boundaries.
20(6) Alternatives for the establishment of the new or different
21functions or class of services within the special district’s
22jurisdictional boundaries.
23(b) The clerk of the legislative body adopting a resolution of
24application shall file a certified copy of that resolution with the
25executive officer. Except as provided in subdivision (c), the
26commission shall process resolutions of application adopted
27pursuant to
this article in accordance with Section 56824.14.
28(c) (1) Prior to submitting a resolution of application pursuant
29to this article to the commission, the legislative body of the special
30district shall conduct a public hearing on the resolution. Notice of
31the hearing shall be published pursuant to Sections 56153 and
3256154.
33(2) Any affected local agency, affected county, or any interested
34person who wishes to appear at the hearing shall be given an
35opportunity to provide oral or written testimony on the resolution.
Article 1.6 (commencing with Section 56824.20) is
37added to Chapter 5 of Part 3 of Division 3 of Title 5 of the 38Government Code, to read:
Commission proceedings pursuant to paragraph (2)
4of subdivision (b) of Section 56654 may be initiated in accordance
5with this article.
(a) A proposal for a change of organization that
7involves the exercise of new or extended services outside a public
8agency’s current service area by contract or agreement, as defined
9in subdivision (n) of Section 56021, shall be made by the adoption
10of a resolution of application as follows:
11(1) In the case of a public agency that is not a state agency, the
12proposal shall be initiated by the adoption of a resolution of
13application by the legislative body of the public agency proposing
14to provide new or extended services outside the public agency’s
15current service area.
16(2) In the case of a public agency that is a state agency, the
17proposal shall be initiated by the director
of the state agency
18proposing to provide new or extended services outside the agency’s
19current service area and be approved by the Governor.
20(b) Prior to submitting a resolution of application pursuant to
21this article to the commission, the legislative body of a public
22agency or the director of a state agency shall do all of the
23following:
24(1) Obtain and submit with the resolution a written agreement
25validated and executed by each affected public agency and
26recognized employee organization that represents firefighters of
27the existing and proposed service providers consenting to the
28proposed change of organization.
29(2) Conduct a public hearing on the resolution. Notice of the
30hearing shall be published pursuant to Sections 56154 and 56156.
31The legislative body of the public agency or the director of the
32state agency
shall provide an affected public agency or an interested
33person who wishes to appear at the hearing the opportunity to
34present oral or written testimony on the resolution.
35(c) A proposal for a change of organization submitted pursuant
36to this article shall be submitted with a plan for services prepared
37pursuant to Section 56653. The plan for services shall include all
38of the following information:
39(1) The total estimated cost to provide the new or extended
40services in the affected territory.
P8 1(2) The estimated cost of the new or extended services to
2customers in the affected territory.
3(3) An identification of existing service providers, if any, of the
4new or extended services proposed to be provided and the potential
5fiscal impact to the customers of
those existing providers.
6(4) A plan for financing the exercise of the new or extended
7services in the affected territory.
8(5) Alternatives for the exercise of the new or extended services
9in the affected territory.
10(d) The clerk of the legislative body of a public agency or the
11director of a state agency adopting a resolution of application
12pursuant to this article shall file a certified copy of the resolution
13with the executive officer. The commission shall process
14resolutions of application adopted pursuant to this chapter in
15accordance with Section 56824.24.
(a) The commission shall review and approve or
17disapprove a proposal for a change of organization as defined in
18subdivision (n) of Section 56021 after a public hearing called and
19held for that purpose. The commission shall not consider or
20approve a proposal that does not comply with the requirements of
21subdivision (b) of Section 56824.22.
22(b) (1) The commission shall not approve a proposal for a
23change of organization as defined in subdivision (n) of Section
2456021 unless the commission determines that the public agency
25will have sufficient revenues to carry out the exercise of the new
26or extended services outside its current area, except as specified
27in paragraph (2).
28(2) The commission may approve a proposal for a change of
29organization as defined in subdivision (n) of Section 56021 where
30the commission has determined that the public agency will not
31have sufficient revenue to provide the proposed new or different
32functions or class of services, if the commission conditions its
33approval on the concurrent approval of sufficient revenue sources
34pursuant to Section 56886. In approving a proposal, the
35commission shall provide that if the revenue sources pursuant to
36Section 56886 are not approved, the authority of the public agency
37to provide new or extended services shall not be exercised.
38(c) Notwithstanding Section 56375, the commission shall not
39approve a proposal for a change of organization as defined in
P9 1subdivision (n) of Section 56021 unless the commission finds,
2based on the entire record, all of the following:
3(1) The proposed exercise of new or extended services outside
4a public agency’s current service area is consistent with the intent
5of this division, including, but not limited to, the policies of
6Sections 56001 and 56300.
7(2) The commission has reviewed the comprehensive fiscal
8analysis prepared pursuant to Section 56800.5.
9(3) The commission has reviewed the executive officer’s report
10and recommendation prepared pursuant to Section 56665 and any
11testimony presented at the public hearing.
12(4) The proposed affected territory is expected to receive
13revenues sufficient to provide public services and facilities and a
14reasonable reserve during the three fiscal years following the
15effective date of the contract or agreement between the public
16agencies to provide
a new or extended service.
17(d) At least 21 days prior to the date of the hearing, the executive
18officer shall give mailed notice of that hearing to each affected
19local agency or affected county, and to any interested party who
20has filed a written request for notice with the executive officer. In
21addition, at least 21 days prior to the date of that hearing, the
22executive officer shall cause notice of the hearing to be published
23in accordance with Section 56153 in a newspaper of general
24circulation that is circulated within the territory affected by the
25proposal proposed to be adopted and shall post the notice of the
26hearing on the commission’s Internet Web site.
27(e) The commission may continue from time to time any hearing
28called pursuant to this section. The commission shall hear and
29consider oral or written testimony presented by any affected local
30agency, affected county, or any
interested person who appears at
31any hearing called and held pursuant to this section.
begin insertSection 56017.2 of the end insertbegin insertGovernment Codeend insertbegin insert is
33amended to read:end insert
“Application” means any of the following:
35(a) A resolution of application or petition initiating a change of
36organization or reorganization with supporting documentation as
37required by the commission or executive officer.
38(b) A request for a sphere of influence amendment or update
39pursuant to Section 56425.
P10 1(c) A request by a city or district for commission approval of
2an extension of services outside the agency’s jurisdictional
3boundaries pursuant to Sectionbegin delete 56133.end deletebegin insert 56133 or 56134.end insert
begin insertSection 56133 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
5read:end insert
(a) A city or district may provide new or extended
7services by contract or agreement outside its jurisdictional
8boundaries only if it first requests and receives written approval
9from the commission in the affected county.
10(b) The commission may authorize a city or district to provide
11new or extended services outside its jurisdictional boundaries but
12within its sphere of influence in anticipation of a later change of
13organization.
14(c) The commission may authorize a city or district to provide
15new or extended services outside its jurisdictional boundaries and
16outside its sphere of influence to respond to an existing or
17impending threat to the public health or
safety of the residents of
18the affected territory if both of the following requirements are met:
19(1) The entity applying for the contract approval has provided
20the commission with documentation of a threat to the health and
21safety of the public or the affected residents.
22(2) The commission has notified any alternate service provider,
23including any water corporation as defined in Section 241 of the
24Public Utilities Code, or sewer system corporation as defined in
25Section 230.6 of the Public Utilities Code, that has filed a map and
26a statement of its service capabilities with the commission.
27(d) The executive officer, within 30 days of receipt of a request
28for approval by a city or district of a contract to extend services
29outside its jurisdictional boundary, shall determine whether the
30request is complete and
acceptable for filing or whether the request
31is incomplete. If a request is determined not to be complete, the
32executive officer shall immediately transmit that determination to
33the requester, specifying those parts of the request that are
34incomplete and the manner in which they can be made complete.
35When the request is deemed complete, the executive officer shall
36place the request on the agenda of the next commission meeting
37for which adequate notice can be given but not more than 90 days
38from the date that the request is deemed complete, unless the
39commission has delegated approval of those requests to the
40executive officer. The commission or executive officer shall
P11 1approve, disapprove, or approve with conditions the contract for
2extended services. If the contract is disapproved or approved with
3conditions, the applicant may request reconsideration, citing the
4reasons for reconsideration.
5(e) This section does not apply tobegin delete contractsend deletebegin insert
any of the following:end insert
6begin insert(1)end insertbegin insert end insertbegin insertContractsend insert or agreements solely involving two or more public
7agencies where the public service to be provided is an alternative
8to, or substitute for, public services already being provided by an
9existing public service provider and where the level of service to
10be provided is consistent with the level of service contemplated
11by the existing service provider.begin delete This section does not apply to
12contractsend delete
13begin insert(2)end insertbegin insert end insertbegin insertContractsend insert
for the transfer of nonpotable or nontreated water.
14begin delete This section does not apply to contractsend delete
15begin insert(3)end insertbegin insert end insertbegin insertContractsend insert or agreements solely involving the provision of
16surplus water to agricultural lands and facilities, including, but not
17limited to, incidental residential structures, for projects that serve
18conservation purposes or that directly support agricultural
19industries. However, prior to extending surplus water service to
20any project that will support or induce development, the city or
21district shall first request and receive written approval from the
22
commission in the affected county.begin delete This section does not apply to
23anend delete
24begin insert(4)end insertbegin insert end insertbegin insertAnend insert extended service that a city or district was providing on
25or before January 1, 2001.begin delete This section does not apply to aend delete
26begin insert(5)end insertbegin insert end insertbegin insertAend insert local publicly owned electric utility, as
defined by Section
279604 of the Public Utilities Code, providing electric services that
28do not involve the acquisition, construction, or installation of
29electric distribution facilities by the local publicly owned electric
30utility, outside of the utility’s jurisdictional boundaries.
31(6) A fire protection reorganization contract, as defined in
32subdivision (a) of Section 56134.
begin insertSection 56134 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
34read:end insert
(a) (1) For the purposes of this section, “fire protection
36reorganization contract” means a contract or agreement for the
37exercise of new or extended fire protection services outside a public
38agency’s current service area, as authorized by Chapter 4
39(commencing with Section 55600) of Part 2 of Division 2 of Title
405 of this code or by Article 4 (commencing with Section 4141) of
P12 1Chapter 1 of Part 2 of Division 4 of the Public Resources Code,
2that does either of the following:
3(A) Transfers responsibility for providing services in more than
425 percent of the service area of any public agency affected by the
5contract or agreement.
6(B) Changes the employment
status of more than 25 percent of
7the employees of any public agency affected by the contract or
8agreement.
9(2) A contract or agreement for the exercise of new or extended
10fire protection services outside a public agency’s current service
11area, as authorized by Chapter 4 (commencing with Section 55600)
12of Part 2 of Division 2 of Title 5 of this code or Article 4
13(commencing with Section 4141) of Chapter 1 of Part 2 of Division
144 of the Public Resources Code, that, in combination with other
15contracts or agreements, would produce the results described in
16subparagraph (A) or (B) of paragraph (1), shall be deemed a fire
17protection reorganization contract for the purposes of this section.
18(b) Notwithstanding Section 56133, a public agency may provide
19new or extended services pursuant to a fire protection
20reorganization contract only if it first requests and receives written
21approval
from the commission in the affected county pursuant to
22the requirements of this section.
23(c) A request by a public agency for commission approval of
24services provided under a fire protection reorganization contract
25shall be made by the adoption of a resolution of application as
26follows:
27(1) In the case of a public agency that is not a state agency, the
28application shall be initiated by the adoption of a resolution of
29application by the legislative body of the public agency proposing
30to provide new or extended services outside the public agency’s
31current service area.
32(2) In the case of a public agency that is a state agency, the
33application shall be initiated by the director of the state agency
34proposing to provide new or extended services outside the agency’s
35current service area and be approved by the Governor.
36(d) The legislative body of a public agency or the director of a
37state agency shall not submit a resolution of application pursuant
38to this section unless both of the following occur:
39(1) The public agency obtains and submits with the resolution
40a written agreement validated and executed by each affected public
P13 1agency and recognized employee organization that represents
2firefighters of the existing and proposed service providers
3consenting to the proposed change of organization.
4(2) The public agency conducts an open and public hearing on
5the resolution, conducted pursuant to the Ralph M. Brown Act
6(Chapter 9 (commencing with Section 54950) Part 1 Division 2
7Title 5) or the Bagley-Keene Open Meeting Act (Article 9
8(commencing with Section 11120) Chapter 1 Part 1 Division 3
9Title 2), as applicable.
10(e) A resolution of application submitted pursuant to this section
11must be submitted with a fire services reorganization contract plan
12that conforms to the requirements of Section 56653. The plan shall
13include all of the following information:
14(1) The total estimated cost to provide the new or extended fire
15protection services in the affected territory.
16(2) The estimated cost of the new or extended fire protection
17services to customers in the affected territory.
18(3) An identification of existing service providers, if any, of the
19new or extended services proposed to be provided and the potential
20fiscal impact to the customers of those existing providers.
21(4) A plan for financing the exercise
of the new or extended fire
22protection services in the affected territory.
23(5) Alternatives for the exercise of the new or extended fire
24protection services in the affected territory.
25(f) The applicant shall cause to be prepared by contract an
26independent comprehensive fiscal analysis to be submitted with
27the application pursuant to this section. The analysis shall review
28and document:
29(1) The costs to the public agency that has proposed to provide
30new or extended fire protection services during the three fiscal
31years following a public agency entering into a fire protection
32reorganization contract, in accordance with the following
33requirements:
34(A) The analysis must include all direct and indirect cost impacts
35to the existing service provider in the
affected territory.
36(B) The analysis must review how the costs of the existing
37service provider compare to the costs of services provided in
38service areas with similar populations and of similar geographic
39size that provide a similar level and range of services and shall
40make a reasonable determination of the costs expected to be borne
P14 1by the public agency providing new or extended fire protection
2services.
3(2) The revenues of the public agency that has proposed a new
4or extended fire protection services outside its current service area
5during the three fiscal years following the effective date of a
6contract or agreement with another public agency to provide a
7new or extended service.
8(3) The effects on the costs and revenues of any affected public
9agency, including the public agency proposing to provide the new
10or
extended fire protection services, during the three fiscal years
11that the new or extended fire protection services will be provided.
12(4) Any other information and analysis needed to support the
13findings required by subdivision (j).
14(g) The clerk of the legislative body of a public agency or the
15director of a state agency adopting a resolution of application
16pursuant to this section shall file a certified copy of the resolution
17with the executive officer.
18(h) (1) The executive officer, within 30 days of receipt of a
19public agency’s request for approval of a fire protection
20reorganization contract, shall determine whether the request is
21complete and acceptable for filing or whether the request is
22incomplete. If a request does not comply with the requirements of
23subdivision (d), the executive
officer shall determine that the
24request is incomplete. If a request is determined not to be complete,
25the executive officer shall immediately transmit that determination
26to the requester, specifying those parts of the request that are
27incomplete and the manner in which they can be made complete.
28When the request is deemed complete, the executive officer shall
29place the request on the agenda of the next commission meeting
30for which adequate notice can be given but not more than 90 days
31from the date that the request is deemed complete.
32(2) The commission shall approve, disapprove, or approve with
33conditions the contract for extended services following the hearing
34at the commission meeting, as provided in paragraph (1). If the
35contract is disapproved or approved with conditions, the applicant
36may request reconsideration, citing the reasons for
37reconsideration.
38(i) (1) The commission shall not approve an application for
39approval of a fire protection reorganization contract unless the
40commission determines that the public agency will have sufficient
P15 1revenues to carry out the exercise of the new or extended fire
2protection services outside its current area, except as specified in
3paragraph (2).
4(2) The commission may approve an application for approval
5of a fire protection reorganization contract where the commission
6has determined that the public agency will not have sufficient
7revenue to provide the proposed new or different functions or class
8of services, if the commission conditions its approval on the
9concurrent approval of sufficient revenue sources pursuant to
10Section 56886. In approving a proposal, the commission shall
11provide that, if the revenue sources pursuant to Section 56886 are
12not approved, the authority of the public agency to provide new
13or extended fire protection services
shall not be exercised.
14(j) The commission shall not approve an application for
15approval of a fire protection reorganization contract unless the
16commission finds, based on the entire record, all of the following:
17(1) The proposed exercise of new or extended fire protection
18services outside a public agency’s current service area is consistent
19with the intent of this division, including, but not limited to, the
20policies of Sections 56001 and 56300.
21(2) The commission has reviewed the comprehensive fiscal
22analysis prepared pursuant to subdivision (f).
23(3) The commission has reviewed any testimony presented at
24the public hearing.
25(4) The proposed affected territory is expected to receive
26
revenues sufficient to provide public services and facilities and a
27reasonable reserve during the three fiscal years following the
28effective date of the contract or agreement between the public
29agencies to provide a new or extended fire protection services.
30(k) At least 21 days prior to the date of the hearing, the executive
31officer shall give mailed notice of that hearing to each affected
32local agency or affected county, and to any interested party who
33has filed a written request for notice with the executive officer. In
34addition, at least 21 days prior to the date of that hearing, the
35executive officer shall cause notice of the hearing to be published
36in accordance with Section 56153 in a newspaper of general
37circulation that is circulated within the territory affected by the
38proposal proposed to be adopted and shall post the notice of the
39hearing on the commission’s Internet Web site.
P16 1(l) The commission may continue from time to time any hearing
2called pursuant to this section. The commission shall hear and
3consider oral or written testimony presented by any affected local
4agency, affected county, or any interested person who appears at
5any hearing called and held pursuant to this section.
The Legislature finds and declares that Sectionbegin delete 6end deletebegin insert 3end insert of
8this act, which adds Sectionbegin delete 56824.22end deletebegin insert 56134end insert to the Government
9Code, furthers, within the meaning of paragraph (7) of
subdivision
10(b) of Section 3 of Article I of the California Constitution, the
11purposes of that constitutional section as it relates to the right of
12public access to the meetings of local public bodies or the writings
13of local public officials and local agencies. Pursuant to paragraph
14(7) of subdivision (b) of Section 3 of Article I of the California
15Constitution, the Legislature makes the following findings:
16This act provides for noticebegin insert to the publicend insert in accordance with
17existing provisions of the Cortese-Knox-Hertzberg Local
18Government Reorganization Act of 2000 and will ensure that the
19right of public access to local agency meetings is protected.
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