BILL NUMBER: AB 853 AMENDED
BILL TEXT
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 Section Sections
56425 and 56430 of, and to add Sections 56375.6
56033.5 and 56435
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.
This bill would provide procedures for annexing unincorporated
fringe communities and unincorporated island communities, as defined,
to a city under specified circumstances.
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 determining the sphere of influence of each local agency,
to consider and prepare a written statement of its determination
with respect to the present and planned land uses in the area, the
present and probable need for public facilities and services in the
area, the present capacity of public facilities and adequacy of
public services that the agency provides or is authorized to provide,
and the existence of any social or economic communities of interest
in the area, as specified 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 commission to adopt a
comprehensive plan to address infrastructure deficiencies for
unincorporated fringe communities, unincorporated island communities,
and unincorporated legacy communities, as defined, and would require
the commission to prepare a written statement of its determinations
with respect to the existence of that comprehensive plan with regard
to the commission's determination of spheres of influence, thereby
imposing a state-mandated local program. The bill would also prohibit
a commission from approving a change to a sphere of influence unless
all relevant agencies are in compliance with the comprehensive plan.
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 that constitutes all or a portion of a "disadvantaged
community," as defined by Section 75005 of the Public Resources Code.
SECTION 1. Section 56375.6 is added to the
Government Code, to read:
56375.6. (a) As used in this section, the following terms have
the following meanings:
(1) "Unincorporated fringe community" means any inhabited
unincorporated territory that is within 1.5 miles of a city or within
or adjacent to a city's sphere of influence.
(2) "Unincorporated island community" means any inhabited
unincorporated territory that is surrounded or substantially
surrounded by one or more cities or by one or more cities and a
county boundary or the Pacific Ocean.
(3) "Disadvantaged community" means a community with an annual
median household income that is less than 80 percent of the statewide
annual median household income. Income evidence may be provided by a
community household survey.
(b) The board of supervisors shall petition the commission in the
board's county to approve the annexation to a city of any
unincorporated island community or unincorporated fringe community
after notice and hearing if all of the following conditions exist:
(1) Twenty-five percent of the registered voters or landowners in
the unincorporated fringe community or unincorporated island
community file a petition with the board to initiate an annexation of
that community to a municipality.
(2) The territory contained in the annexation petition constitutes
an unincorporated island community or constitutes an unincorporated
fringe community that has infrastructure deficiencies, such as
lacking wastewater, drinking water services, storm drainage, paved
streets, sidewalks, or streetlights, or there exists a serious
infrastructure-related health hazard.
(3) The territory that is the subject of the annexation petition
constitutes a disadvantaged community. Income evidence may be
provided by a community household survey.
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.
(5) The existence of a comprehensive plan adopted pursuant to
Section 56435 and local agency compliance with that plan, if
applicable.
(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.
(3) The commission shall not approve any change to a sphere of
influence unless all relevant local agencies are in compliance with
Section 56435.
SEC. 3. Section 56435 is added to the
Government Code, to read:
56435. (a) As used in this section, the following terms have the
following meanings:
(1) "Unincorporated fringe community" means any inhabited
unincorporated territory that meets all of the following conditions:
(A) The community is within 1.5 miles of a city or within or
adjacent to a city's sphere of influence.
(B) The community has infrastructure deficiencies, such as lacking
wastewater, drinking water services, storm drainage, paved streets,
or there exists a serious infrastructure-related health hazard.
(C) The community constitutes a disadvantaged community.
(2) "Disadvantaged community" means a community with an annual
median household income that is less than 80 percent of the statewide
annual median household income. Income evidence may be provided by a
community household survey.
(3) "Unincorporated island community" means any inhabited
unincorporated territory that meets all of the following conditions:
(A) The community is surrounded or substantially surrounded by one
or more cities or by one or more cities and a county boundary or the
Pacific Ocean.
(B) The community has infrastructure deficiencies, such as lacking
wastewater, drinking water services, storm drainage, paved streets,
or there exists a serious infrastructure-related health hazard.
(C) The community constitutes a disadvantaged community.
(4) "Unincorporated legacy community" means any inhabited
unincorporated territory that meets all of the following conditions:
(A) The community is more than 1.5 miles from a city and not
adjacent to a city's sphere of influence.
(B) The community has infrastructure deficiencies, such as lacking
wastewater, drinking water services, storm drainage, paved streets,
or there exists a serious infrastructure-related health hazard.
(C) The community constitutes a disadvantaged community.
(b) The commission shall adopt a comprehensive plan to address
infrastructure deficiencies for unincorporated fringe communities,
unincorporated island communities, and unincorporated legacy
communities.
(1) The comprehensive plan must include a feasibility analysis
that includes at least one of the following:
(A) Extension of municipal services.
(B) Annexation.
(C) Consolidation of agencies.
(D) Other actions within the commission's authority.
(2) The comprehensive plan shall include potential federal, state
or local funding sources, including, but not limited to, community
development block grants, redevelopment funds, the Clean Water State
Revolving Fund, and the Safe Drinking Water Revolving Fund. For any
single infrastructure category, the plan shall not include an
assessment for capital costs levied on residents of a disadvantaged
community that exceeds 1.5 percent of the median household income in
that community.
(3) The comprehensive plan shall include a timeline for each
action.
(4) The relevant local agencies shall be consulted by the
commission and may provide guidance or comments prior to the adoption
of the plan.
(5) The comprehensive plan may be developed using the process
described in subdivisions (b) and (c) of Section 56425.
(c) The comprehensive plan shall be adopted concurrent with the
commission's review pursuant to subdivision (g) of Section 56425, or
prior to acting on any request pursuant to Section 56428, whichever
occurs first.
(d) All local agencies identified in a comprehensive plan shall
comply with the adopted actions and timelines of the commission. A
local agency may present a challenge to the comprehensive plan, as it
relates to that local agency, to the commission. The commission
shall adopt a written response to that challenge within 90 days.
(e) The commission shall not approve an annexation to a city if
that city is not in compliance with a comprehensive plan action
related to a community that lacks wastewater or drinking water
services constituting a serious public health hazard.
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.
(2)
(3) Present and planned capacity of public facilities
and adequacy of public services, including infrastructure needs or
deficiencies.
(3)
(4) Financial ability of agencies to provide services.
(4)
(5) Status of, and opportunities for, shared
facilities.
(5)
(6) Accountability for community service needs,
including governmental structure and operational efficiencies.
(6)
(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. 4. 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.