AB 1581 California Assembly · 2021-2022 Regular Session

Local government: omnibus.

Summary
(1) Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the authority and procedure for the initiation, conduct, and completion of changes of organization, reorganization, and sphere of influence changes for cities and districts, as specified. Existing law requires a local agency formation commission to develop and determine the sphere of influence of each city and each special district within the county and enact policies designed to promote the logical and orderly development of areas within each sphere. Existing law requires, when a proposed change of organization or reorganization applies to 2 or more affected counties, that exclusive jurisdiction vest in the commission of the principal county, unless certain things occur. This bill would add the determination of a sphere of influence to the types of proposed changes for which exclusive jurisdiction may or may not vest in a principal county. (2) Existing law gives the commission the power to approve the annexation of unincorporated territory consistent with the planned and probable use of the property based upon the review of general plan and prezoning designations. Existing law provides that no subsequent change may be made to the general plan for the annexed territory or zoning that is not in conformance to the prezoning designations for a period of 2 years after the completion of the annexation, unless the legislative body for the city makes a finding at a public hearing that a substantial change has occurred in circumstances that necessitate a departure from the prezoning in the application to the commission. This bill would require the legislative body for the city to provide written notice to the commission at least 21 days before the hearing. (3) Existing law authorizes the Marin Local Agency Formation Commission to initiate and approve a reorganization or consolidation of the Sewerage Agency of Southern Marin and its member districts, without protest hearings, as specified. This bill would repeal that authorization. (4) Existing law provides, with exceptions, that the commission of the principal county has exclusive jurisdiction when a district is or would be located in more than one county as the result of a proposed change of organization or reorganization. This bill would repeal both that provision and the exceptions. (5) Existing law requires the commission, in order to prepare and update spheres of influence, to conduct a service review of the municipal services provided in the county or other appropriate area designated by the commission, as specified. Existing law requires the commission to adopt, amend, or revise spheres of influence after a public hearing called and held for that purpose. This bill would revise and recast that provision to provide that the commission is required to adopt, amend, or update spheres of influence after a public hearing called and held for that purpose. (6) Existing law authorizes a commission in the county in which an extension of service is proposed to approve (1) a city or district to provide new or extended services by contract or agreement outside its jurisdictional boundary in writing, (2) a city or district to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization, and (3) a city or district to provide new or extended services outside its jurisdictional boundary and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or the residents of the affected territory if specified conditions are met. This bill would revise and recast those provisions to remove the general requirement the commission must be in the county in which an extension of service is proposed and provide that a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission of the county in which the affected territory is located. (7) Existing law authorizes the City of Cupertino to annex unincorporated territory consisting of property abutting on a street, highway, or road, and the street, highway, or road, to the extent that it abuts that property, subject to specified conditions. This bill would repeal that provision. (8) Existing law requires the proponents of a change of organization for a city with a population of more than 100,000 that is located within a county with a population of more than 4,000,000 to publish a notice of intention that sets forth the reasons for the proposal before circulating any petition for a change of organization. This bill would repeal that provision. (9) Existing law requires the commission to dissolve inactive districts and provides that dissolved districts are not subject to specified provisions. This bill would add that dissolved districts are not subject to specified taxation provisions related to jurisdictional changes. (10) Existing law provides that if a certificate of completion for a change of organization or reorganization has not been filed within one year after the commission approves a proposal for that proceeding, the proceeding shall be deemed terminated unless prior to the expiration of that year the commission authorizes an extension of time for that completion. Existing law exempts from this requirement a reorganization requested by a city in the County of Santa Cruz that has adopted a voter approved urban limit line, if the commission's resolution making determinations includes terms and conditions that allow for the completion of the reorganization in 2 or more segments. This bill would repeal the provision establishing the above-described exemption applicable to a reorganization requested by a city in the County of Santa Cruz. Exiting law provides that a change of organization or reorganization is complete from the date of execution of the certificate of completion and effective from the dates specified in the terms and conditions of the commission resolution. Existing law prohibits the effective date from being fixed earlier than the date of execution of the certificate of completion or later than 9 months after the date of the election in which a majority voted in favor of the change of organization or reorganization. Existing law, notwithstanding these provisions, in the case of a reorganization requested by a city in the County of Santa Cruz that has adopted a voter approved urban limit line, provides that the effective date of that reorganization shall be fixed in the terms and conditions of the commission resolution. This bill would repeal this provision applicable to the effective date of a reorganization requested by a city in the County of Santa Cruz. (11) Existing law, in the case of registered voter districts or cities, for specified proposals, requires the commission within 30 days after the conclusion of the hearing to order the change of organization or reorganization subject to confirmation by registered voters if at least 25% but less than 50% of the registered voters file written protests and do not withdraw those protest, as specified. Existing law, notwithstanding this requirement, requires the commission to order the change of organization or reorganization subject to confirmation by registered voters if 15% of the registered voters residing within the affected territory file written protests and do not withdraw those protest, if the territory proposed to be annexed is to a city with more than 100,000 residents and is located in a county with a population of over 4,000,000. This bill would repeal the latter requirement imposed on a city with more than 100,000 residents and located in a county with a population of over 4,000,000. (12) Existing law authorizes the board of supervisors of the County of Los Angeles to, by a 23 vote, convey any parking lot owned by the county and situated within the boundaries of an incorporated city to the city for public parking purposes, without consideration other than the agreement by the city to continue to use and maintain the property as a public parking lot. This bill would repeal that provision. (13) This bill would make other nonsubstantive changes.
Bill status signed all 5 stages cleared
Introduction
Mar 2021
Committee Review
Jun 2021
Assembly Passage
May 2021
Senate Passage
Jun 2021
Signed into Law
Jun 2021
Introduced Mar 9, 2021 Signed Jun 28, 2021
Floor votes · Senate Jun 17, 2021 · Assembly May 13, 2021

How they voted

37–0
Passed · 3 other
Total votes 40
Jun 17, 2021
D Democratic31
29 Yea 2
93% Yea
R Republican9
8 Yea 1
88% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
7
Committee
7
Amendments
1
Jun 28, 2021
Signed into law
Approved by the Governor.
legislature
Jun 17, 2021
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Jun 17, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1544.).
upper
Jun 10, 2021
Upper · Passed
From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0.) (June 10).
upper
May 27, 2021
Committee
Referred to Com. on GOV. & F.
upper
May 13, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1413.)
lower
May 6, 2021
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 8. Noes 0.) (May 5).
lower
Apr 20, 2021
Committee
Re-referred to Com. on L. GOV.
lower
Apr 19, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
lower
Mar 11, 2021
Committee
Referred to Com. on L. GOV.
lower
Mar 10, 2021
Lower · Passed
From printer. May be heard in committee April 9.
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.