56375. The commission shall have all of the following powers and
duties subject to any limitations upon its jurisdiction set forth in
this part:
(a) (1) To review and approve or disapprove with or without
amendment, wholly, partially, or conditionally, proposals for changes
of organization or reorganization, consistent with written policies,
procedures, and guidelines adopted by the commission.
(2) The commission may initiate proposals by resolution of
application for any of the following:
(A) The consolidation of a district, as defined in Section 56036.
(B) The dissolution of a district.
(C) A merger.
(D) The establishment of a subsidiary district.
(E) The formation of a new district or districts.
(F) A reorganization that includes any of the changes specified in
subparagraph (A), (B), (C), (D), or (E).
(3) A commission may initiate a proposal described in paragraph
(2) only if that change of organization or reorganization is
consistent with a recommendation or conclusion of a study prepared
pursuant to Section 56378, 56425, or 56430, and the commission makes
the determinations specified in subdivision (b) of Section 56881.
(4) A commission shall not disapprove an annexation to a city,
initiated by resolution, of contiguous territory that the commission
finds is any of the following:
(A) Surrounded or substantially surrounded by the city to which
the annexation is proposed or by that city and a county boundary or
the Pacific Ocean if the territory to be annexed is substantially
developed or developing, is not prime agricultural land as defined in
Section 56064, is designated for urban growth by the general plan of
the annexing city, and is not within the sphere of influence of
another city.
(B) Located within an urban service area that has been delineated
and adopted by a commission, which is not prime agricultural land, as
defined by Section 56064, and is designated for urban growth by the
general plan of the annexing city.
(C) An annexation or reorganization of unincorporated islands
meeting the requirements of Section 56375.3.
(5) As a condition to the annexation of an area that is
surrounded, or substantially surrounded, by the city to which the
annexation is proposed, the commission may require, where consistent
with the purposes of this division, that the annexation include the
entire island of surrounded, or substantially surrounded, territory.
(6) A commission shall not impose any conditions that would
directly regulate land use density or intensity, property
development, or subdivision requirements.
(7) The decision of the commission with regard to a proposal to
annex territory to a city shall be based upon the general plan and
prezoning of the city. When the development purposes are not made
known to the annexing city, the annexation shall be reviewed on the
basis of the adopted plans and policies of the annexing city or
county. A commission shall require, as a condition to annexation,
that a city prezone the territory to be annexed or present evidence
satisfactory to the commission that the existing development
entitlements on the territory are vested or are already at build-out,
and are consistent with the city's general plan. However, the
commission shall not specify how, or in what manner, the territory
shall be prezoned.
(b) With regard to a proposal for annexation or detachment of
territory to, or from, a city or district or with regard to a
proposal for reorganization that includes annexation or detachment,
to determine whether territory proposed for annexation or detachment,
as described in its resolution approving the annexation, detachment,
or reorganization, is inhabited or uninhabited.
(c) With regard to a proposal for consolidation of two or more
cities or districts, to determine which city or district shall be the
consolidated successor city or district.
(d) To approve the annexation of unincorporated, noncontiguous
territory, subject to the limitations of Section 56742, located in
the same county as that in which the city is located, and that is
owned by a city and used for municipal purposes and to authorize the
annexation of the territory without notice and hearing.
(e) 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. 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 two 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.
(f) With respect to the incorporation of a new city or the
formation of a new special district, to determine the number of
registered voters residing within the proposed city or special
district or, for a landowner-voter special district, the number of
owners of land and the assessed value of their land within the
territory proposed to be included in the new special district. The
number of registered voters shall be calculated as of the time of the
last report of voter registration by the county elections official
to the Secretary of State prior to the date the first signature was
affixed to the petition. The executive officer shall notify the
petitioners of the number of registered voters resulting from this
calculation. The assessed value of the land within the territory
proposed to be included in a new landowner-voter special district
shall be calculated as shown on the last equalized assessment roll.
(g) To adopt written procedures for the evaluation of proposals,
including written definitions consistent with existing state law. The
commission may adopt standards for any of the factors enumerated in
Section 56668. Any standards adopted by the commission shall be
written.
(h) To adopt standards and procedures for the evaluation of
service plans submitted pursuant to Section 56653 and the initiation
of a change of organization or reorganization pursuant to subdivision
(a).
(i) To make and enforce regulations for the orderly and fair
conduct of hearings by the commission.
(j) To incur usual and necessary expenses for the accomplishment
of its functions.
(k) To appoint and assign staff personnel and to employ or
contract for professional or consulting services to carry out and
effect the functions of the commission.
(l) To review the boundaries of the territory involved in any
proposal with respect to the definiteness and certainty of those
boundaries, the nonconformance of proposed boundaries with lines of
assessment or ownership, and other similar matters affecting the
proposed boundaries.
(m) To waive the restrictions of Section 56744 if it finds that
the application of the restrictions would be detrimental to the
orderly development of the community and that the area that would be
enclosed by the annexation or incorporation is so located that it
cannot reasonably be annexed to another city or incorporated as a new
city.
(n) To waive the application of Section 22613 of the Streets and
Highways Code if it finds the application would deprive an area of a
service needed to ensure the health, safety, or welfare of the
residents of the area and if it finds that the waiver would not
affect the ability of a city to provide any service. However, within
60 days of the inclusion of the territory within the city, the
legislative body may adopt a resolution nullifying the waiver.
(o) If the proposal includes the incorporation of a city, as
defined in Section 56043, or the formation of a district, as defined
in Section 2215 of the Revenue and Taxation Code, the commission
shall determine the property tax revenue to be exchanged by the
affected local agencies pursuant to Section 56810.
(p) To authorize a city or district to provide new or extended
services outside its jurisdictional boundaries pursuant to Section
56133.
(q) To enter into an agreement with the commission for an
adjoining county for the purpose of determining procedures for the
consideration of proposals that may affect the adjoining county or
where the jurisdiction of an affected agency crosses the boundary of
the adjoining county.
56375.2. (a) In addition to those powers enumerated in Section
56375, the Marin Local Agency Formation Commission may initiate and
approve, after notice and hearing, a reorganization or consolidation
of the Sewerage Agency of Southern Marin and its member districts,
without protest hearings.
(b) If the commission initiates and approves the reorganization or
consolidation pursuant to subdivision (a), the commission may impose
terms and conditions on the reorganization or consolidation that
would require the Sewerage Agency of Southern Marin and its member
agencies to be responsible for payment of the commission's costs
incurred in association with the reorganization or consolidation.
(c) This section shall become effective on January 1, 2011.
56375.3. (a) In addition to those powers enumerated in Section
56375, a commission shall do either of the following:
(1) Approve, after notice and hearing, the change of organization
or reorganization of a city, and waive protest proceedings pursuant
to Part 4 (commencing with Section 57000) entirely, if all of the
following are true:
(A) The change of organization or reorganization is initiated on
or after January 1, 2000, and before January 1, 2014.
(B) The change of organization or reorganization is proposed by
resolution adopted by the affected city.
(C) The commission finds that the territory contained in the
change of organization or reorganization proposal meets all of the
requirements set forth in subdivision (b).
(2) Approve, after notice and hearing, the change of organization
or reorganization of a city, subject to subdivision (a) of Section
57080, if all of the following are true:
(A) The change of organization or reorganization is initiated on
or after January 1, 2014.
(B) The change of organization or reorganization is proposed by
resolution adopted by the affected city.
(C) The commission finds that the territory contained in the
change of organization or reorganization proposal meets all of the
requirements set forth in subdivision (b).
(b) Subdivision (a) applies to territory that meets all of the
following requirements:
(1) It does not exceed 150 acres in area, and that area
constitutes the entire island.
(2) The territory constitutes an entire unincorporated island
located within the limits of a city, or constitutes a reorganization
containing a number of individual unincorporated islands.
(3) It is surrounded in either of the following ways:
(A) Surrounded, or substantially surrounded, by the city to which
annexation is proposed or by the city and a county boundary or the
Pacific Ocean.
(B) Surrounded by the city to which annexation is proposed and
adjacent cities.
(C) This subdivision shall not be construed to apply to any
unincorporated island within a city that is a gated community where
services are currently provided by a community services district.
(D) Notwithstanding any other provision of law, at the option of
either the city or the county, a separate property tax transfer
agreement may be agreed to between a city and a county pursuant to
Section 99 of the Revenue and Taxation Code regarding an annexation
subject to this subdivision without affecting any existing master tax
sharing agreement between the city and county.
(4) It is substantially developed or developing. The finding
required by this paragraph shall be based upon one or more factors,
including, but not limited to, any of the following factors:
(A) The availability of public utility services.
(B) The presence of public improvements.
(C) The presence of physical improvements upon the parcel or
parcels within the area.
(5) It is not prime agricultural land, as defined by Section
56064.
(6) It will benefit from the change of organization or
reorganization or is receiving benefits from the annexing city.
(c) Notwithstanding any other provision of this subdivision, this
subdivision shall not apply to all or any part of that portion of the
development project area referenced in subdivision (e) of Section
33492.41 of the Health and Safety Code that as of January 1, 2000,
meets all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
56375.4. (a) The authority to initiate, conduct, and complete any
proceeding pursuant to subdivision (a) of Section 56375.3 does not
apply to any territory that, after January 1, 2000, became surrounded
or substantially surrounded by the city to which annexation is
proposed, except for islands that were created after January 1, 2000,
as a result of boundary adjustments between two counties. The
authority to initiate, conduct, and complete any proceeding pursuant
to paragraph (1) of subdivision (a) of Section 56375.3 shall expire
January 1, 2014. The period of time between January 1, 2000, and
January 1, 2014, shall not include any period of time during which,
in an action pending in any court, a local agency is enjoined from
conducting proceedings pursuant to paragraph (1) of subdivision (a)
of Section 56375.3. Upon final disposition of that case, the
previously enjoined local agency may initiate, conduct, and complete
proceedings pursuant to paragraph (1) of subdivision (a) of Section
56375.3 for the same period of time as was remaining under that
14-year limit at the time the injunction commenced. However, if the
remaining time is less than six months, that authority shall continue
for six months following final disposition of the action.
(b) Between January 1, 2000, and January 1, 2014, no new proposal
involving the same or substantially the same territory as a proposal
initiated pursuant to paragraph (1) of subdivision (a) of Section
56375.3 after January 1, 2000, shall be initiated for two years after
the date of adoption by the commission of a resolution terminating
proceedings.
56375.5. Every determination made by a commission regarding the
matters provided for by subdivisions (a), (m), and (n) of Section
56375 and by subdivision (a) of Section 56375.3 shall be consistent
with the spheres of influence of the local agencies affected by those
determinations.
56376. The commission shall not impose a condition for the
provision of services by the annexing city to an area which has not
been placed within that city's adopted sphere of influence, as
defined in Section 56076, unless that condition would mitigate
effects which are a direct result of the annexation.
In the case of any annexation proposal for which a certificate of
completion was not recorded prior to January 1, 1985, a condition
imposed thereon which does not comply with the requirements of this
section is null and void and shall not affect the validity of, or
terminate the annexation proceedings.
56376.5. (a) The commission shall not impose any condition on an
annexing local agency with respect to the standards or frequency of
maintenance of any existing street or road within the annexed
territory.
(b) The commission shall not impose a condition which requires a
local agency to improve an existing public facility which is not
owned by the agency.
(c) This section shall not be construed as authorizing a
commission to impose any conditions which it is not otherwise
authorized to impose.
56377. In reviewing and approving or disapproving proposals which
could reasonably be expected to induce, facilitate, or lead to the
conversion of existing open-space lands to uses other than open-space
uses, the commission shall consider all of the following policies
and priorities:
(a) Development or use of land for other than open-space uses
shall be guided away from existing prime agricultural lands in
open-space use toward areas containing nonprime agricultural lands,
unless that action would not promote the planned, orderly, efficient
development of an area.
(b) Development of existing vacant or nonprime agricultural lands
for urban uses within the existing jurisdiction of a local agency or
within the sphere of influence of a local agency should be encouraged
before any proposal is approved which would allow for or lead to the
development of existing open-space lands for non-open-space uses
which are outside of the existing jurisdiction of the local agency or
outside of the existing sphere of influence of the local agency.
56378. In addition to its other powers, the commission shall
initiate and make studies of existing governmental agencies. Those
studies shall include, but shall not be limited to, inventorying
those agencies and determining their maximum service area and service
capacities. In conducting those studies, the commission may ask for
land use information, studies, and plans of cities, counties,
districts, including school districts, community college districts,
and regional agencies and state agencies and departments. Cities,
counties, districts, including school districts, community college
districts, regional agencies, and state agencies and departments,
shall comply with the request of the commission for that information
and the commission shall make its studies available to public
agencies and any interested person. In making these studies, the
commission may cooperate with the county planning commissions.
The commission, or the board of supervisors on behalf of the
commission, may apply for or accept, or both, any financial
assistance and grants-in-aid from public or private agencies or from
the state or federal government or from a local government.
56379. Any person may, prior to any meeting, request the commission
to cause a stenographic or electromagnetic record to be made of a
meeting. If the cost of making that record is borne by that person,
the commission shall cause the record to be made. The commission may
require any person requesting the record to be made to deposit the
estimated cost of making the record with the commission prior to the
hearing.
56380. The commission shall make its own provision for necessary
quarters, equipment, and supplies as well as personnel. The
commission may choose to contract with any public agency or private
party for personnel and facilities.
56381. (a) The commission shall adopt annually, following noticed
public hearings, a proposed budget by May 1 and final budget by June
15. At a minimum, the proposed and final budget shall be equal to the
budget adopted for the previous fiscal year unless the commission
finds that reduced staffing or program costs will nevertheless allow
the commission to fulfill the purposes and programs of this chapter.
The commission shall transmit its proposed and final budgets to the
board of supervisors, to each city, and to each independent special
district.
(b) After public hearings, consideration of comments, and adoption
of a final budget by the commission pursuant to subdivision (a), the
auditor shall apportion the net operating expenses of a commission
in the following manner:
(1) (A) In counties in which there is city and independent special
district representation on the commission, the county, cities, and
independent special districts shall each provide a one-third share of
the commission's operational costs.
(B) The cities' share shall be apportioned in proportion to each
city's total revenues, as reported in the most recent edition of the
Cities Annual Report published by the Controller, as a percentage of
the combined city revenues within a county, or by an alternative
method approved by a majority of cities representing the majority of
the combined cities' populations.
(C) The independent special districts' share shall be apportioned
in proportion to each district's total revenues as a percentage of
the combined total district revenues within a county. Except as
provided in subparagraph (D), an independent special district's total
revenue shall be calculated for nonenterprise activities as total
revenues for general purpose transactions less intergovernmental
revenue and for enterprise activities as total operating and
nonoperating revenues less intergovernmental revenue, as reported in
the most recent edition of the "Special Districts Annual Report"
published by the Controller, or by an alternative method approved by
a majority of the agencies, representing a majority of their combined
populations. For the purposes of fulfilling the requirement of this
section, a multicounty independent special district shall be required
to pay its apportionment in its principal county. It is the intent
of the Legislature that no single district or class or type of
district shall bear a disproportionate amount of the district share
of costs.
(D) (i) For purposes of apportioning costs to a health care
district formed pursuant to Division 23 (commencing with Section
32000) of the Health and Safety Code that operates a hospital, a
health care district's share, except as provided in clauses (ii) and
(iii), shall be apportioned in proportion to each district's net from
operations as reported in the most recent edition of the hospital
financial disclosure report form published by the Office of Statewide
Health Planning and Development, as a percentage of the combined
independent special districts' net operating revenues within a
county.
(ii) A health care district for which net from operations is a
negative number may not be apportioned any share of the commission's
operational costs until the fiscal year following positive net from
operations, as reported in the most recent edition of the hospital
financial disclosure report form published by the Office of Statewide
Health Planning and Development.
(iii) A health care district that has filed and is operating under
public entity bankruptcy pursuant to federal bankruptcy law, shall
not be apportioned any share of the commission's operational costs
until the fiscal year following its discharge from bankruptcy.
(iv) As used in this subparagraph "net from operations" means
total operating revenue less total operating expenses.
(E) Notwithstanding the requirements of subparagraph (C), the
independent special districts' share may be apportioned by an
alternative method approved by a majority of the districts,
representing a majority of the combined populations. However, in no
event shall an individual district's apportionment exceed the amount
that would be calculated pursuant to subparagraphs (C) and (D), or in
excess of 50 percent of the total independent special districts'
share, without the consent of that district.
(F) Notwithstanding the requirements of subparagraph (C), no
independent special district shall be apportioned a share of more
than 50 percent of the total independent special districts' share of
the commission's operational costs, without the consent of the
district as otherwise provided in this section. In those counties in
which a district's share is limited to 50 percent of the total
independent special districts' share of the commission's operational
costs, the share of the remaining districts shall be increased on a
proportional basis so that the total amount for all districts equals
the share apportioned by the auditor to independent special
districts.
(2) In counties in which there is no independent special district
representation on the commission, the county and its cities shall
each provide a one-half share of the commission's operational costs.
The cities' share shall be apportioned in the manner described in
paragraph (1).
(3) In counties in which there are no cities, the county and its
special districts shall each provide a one-half share of the
commission's operational costs. The independent special districts'
share shall be apportioned in the manner described for cities'
apportionment in paragraph (1). If there is no independent special
district representation on the commission, the county shall pay all
of the commission's operational costs.
(4) Instead of determining apportionment pursuant to paragraph
(1), (2), or (3), any alternative method of apportionment of the net
operating expenses of the commission may be used if approved by a
majority vote of each of the following: the board of supervisors; a
majority of the cities representing a majority of the total
population of cities in the county; and the independent special
districts representing a majority of the combined total population of
independent special districts in the county. However, in no event
shall an individual district's apportionment exceed the amount that
would be calculated pursuant to subparagraphs (C) and (D) of
paragraph (1), or in excess of 50 percent of the total independent
special districts' share, without the consent of that district.
(c) After apportioning the costs as required in subdivision (b),
the auditor shall request payment from the board of supervisors and
from each city and each independent special district no later than
July 1 of each year for the amount that entity owes and the actual
administrative costs incurred by the auditor in apportioning costs
and requesting payment from each entity. If the county, a city, or an
independent special district does not remit its required payment
within 60 days, the commission may determine an appropriate method of
collecting the required payment, including a request to the auditor
to collect an equivalent amount from the property tax, or any fee or
eligible revenue owed to the county, city, or district. The auditor
shall provide written notice to the county, city, or district prior
to appropriating a share of the property tax or other revenue to the
commission for the payment due the commission pursuant to this
section. Any expenses incurred by the commission or the auditor in
collecting late payments or successfully challenging nonpayment shall
be added to the payment owed to the commission. Between the
beginning of the fiscal year and the time the auditor receives
payment from each affected city and district, the board of
supervisors shall transmit funds to the commission sufficient to
cover the first two months of the commission's operating expenses as
specified by the commission. When the city and district payments are
received by the commission, the county's portion of the commission's
annual operating expenses shall be credited with funds already
received from the county. If, at the end of the fiscal year, the
commission has funds in excess of what it needs, the commission may
retain those funds and calculate them into the following fiscal year'
s budget. If, during the fiscal year, the commission is without
adequate funds to operate, the board of supervisors may loan the
commission funds. The commission shall appropriate sufficient funds
in its budget for the subsequent fiscal year to repay the loan.
56381.6. (a) Notwithstanding the provisions of Section 56381, for
counties whose membership on the commission is established pursuant
to Sections 56326, 56326.5, 56327, or 56328, the commission's annual
operational costs shall be apportioned among the classes of public
agencies that select members on the commission in proportion to the
number of members selected by each class. The classes of public
agencies that may be represented on the commission are the county,
the cities, and independent special districts. Any alternative cost
apportionment procedure may be adopted by the commission, subject to
a majority affirmative vote of the commission that includes the
affirmative vote of at least one of the members selected by the
county, one of the members selected by the cities, and one of the
members selected by districts, if special districts are represented
on the commission.
(b) Allocation of costs among individual cities and independent
special districts and remittance of payments shall be in accordance
with the procedures of Section 56381. Notwithstanding Section 56381,
any city that has permanent membership on the commission pursuant to
Sections 56326, 56326.5, 56327, or 56328 shall be apportioned the
same percentage of the commission's annual operational costs as its
permanent member bears to the total membership of the commission,
excluding any public members selected by all the members. The balance
of the cities' portion of the commission's annual operational costs
shall be apportioned to the remaining cities in the county in
accordance with the procedures of Section 56381.
56382. The commission may authorize the destruction of any
duplicate record, paper, or other document if the original or a
photographic or electronic copy of the record, paper, or other
document is retained in the files of the commission, and the
commission may authorize the destruction of original records more
than two years old if a photographic or electronic copy of the
original record is made and preserved, provided that the following
conditions are met:
(a) The record is reproduced on a medium that does not permit
additions, deletions, or changes to the original document, or
reproduced in compliance with the minimum standards or guidelines, or
both, as recommended by the American National Standards Institute or
the Association for Information and Image Management for recording
of permanent records or nonpermanent records, whichever applies.
(b) The device used to reproduce the record is one that accurately
and legibly reproduces the original thereof in all details and that
does not permit additions, deletions, or changes to the original
document images.
(c) The reproductions are made as accessible for public reference
as the original records were.
(d) A true copy of archival quality of the reproductions shall be
kept in a safe and separate place for security purposes.
56383. (a) The commission may establish a schedule of fees and a
schedule of service charges for the proceedings taken pursuant to
this division, including, but not limited to, all of the following:
(1) Filing and processing applications filed with the commission.
(2) Proceedings undertaken by the commission and any
reorganization committee.
(3) Amending a sphere of influence.
(4) Reconsidering a resolution making determinations.
(b) The fees shall not exceed the estimated reasonable cost of
providing the service for which the fee is charged and shall be
imposed pursuant to Section 66016. The service charges shall not
exceed the cost of providing the service for which the service charge
is charged and shall be imposed pursuant to Section 60016.
(c) The commission may require that an applicant deposit some or
all of the required amount that will be owed with the executive
officer before any further action is taken. The deposit shall be made
within the time period specified by the commission. No application
shall be deemed filed until the applicant deposits the required
amount with the executive officer. The executive officer shall
provide the applicant with an accounting of all costs charged against
the deposited amount. If the costs are less than the deposited
amount, the executive officer shall refund the balance to the
applicant after the executive officer verifies the completion of all
proceedings. If the costs exceed the deposited amount, the applicant
shall pay the difference prior to the completion of all proceedings.
(d) The commission may reduce or waive a fee, service charge, or
deposit if it finds that payment would be detrimental to the public
interest. The reduction or waiver of any fee, service charge, or
deposit is limited to the costs incurred by the commission in the
proceedings of an application.
(e) Any mandatory time limits for commission action may be
deferred until the applicant pays the required fee, service charge,
or deposit.
(f) The signatures on a petition submitted to the commission by
registered voters shall be verified by the elections official of the
county and the costs of verification shall be provided for in the
same manner and by the same agencies which bear the costs of
verifying signatures for an initiative petition in the same county.
(g) For incorporation proceedings that have been initiated by the
filing of a sufficient number of voter signatures on petitions that
have been verified by the county registrar of voters, the commission
may, upon the receipt of a certification by the proponents that they
are unable to raise sufficient funds to reimburse fees, service
charges, or deposits for the proceedings, take no action on the
proposal and request a loan from the General Fund of an amount
sufficient to cover those expenses subject to availability of an
appropriation for those purposes and in accordance with any
provisions of the appropriation. Repayment of the loan shall be made
a condition of approval of the incorporation, if successful, and
shall become an obligation of the newly formed city. Repayment shall
be made within two years of the effective date of incorporation. If
the proposal is denied by the commission or defeated at an election,
the loan shall be forgiven.
56384. (a) The commission shall appoint an executive officer who
shall conduct and perform the day-to-day business of the commission.
If the executive officer is subject to a conflict of interest on a
matter before the commission, the commission shall appoint an
alternate executive officer. The commission may recover its costs by
charging fees pursuant to Section 56383.
(b) The commission shall appoint legal counsel to advise it. If
the commission's counsel is subject to a conflict of interest on a
matter before the commission, the commission shall appoint alternate
legal counsel to advise it. The commission may recover its costs by
charging fees pursuant to Section 56383.
(c) The commission may appoint staff as it deems appropriate. If
staff for the commission is subject to a conflict of interest on a
matter before the commission, the commission shall appoint alternate
staff to assist it. The commission may recover its costs by charging
fees pursuant to Section 56383.
(d) For purposes of this section, the term "conflict of interest"
shall be defined as it is for the purpose of the Political Reform Act
of 1974 and shall also include matters proscribed by Article 4
(commencing with Section 1090) of Chapter 1 of Division 4 of Title 1.
56385. The commission may contract for retirement benefits for the
executive officer or staff personnel pursuant to the County Employees
Retirement Law of 1937, Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 or the Public Employees' Retirement
Law, Part 3 (commencing with Section 20000) of Division 5 of Title 2.
It may also provide for health and medical benefits.
The commission shall preserve accrued vacation, sick leave,
compensatory time, and retirement benefits of persons hired from
within the employment of their respective county.
56386. (a) The officers and employees of a city, county, or special
district, including any local agency, school district, community
college district, and any regional agency, or state agency or
department, as may be necessary, or any other public agency shall
furnish the executive officer with any records or information in
their possession which may be necessary to assist the commission and
the executive officer in their duties, including, but not limited to,
the preparation of reports pursuant to Sections 56665 and 56800.
(b) Upon request by the commission or the executive officer, the
county surveyor, or any other county officer, county official, or
employee as the board of supervisors may designate, shall examine and
report to the commission or the executive officer upon any
application or other document involving any of the matters specified
in subdivision (l) of Section 56375.
56387. Except as otherwise provided in Section 56388, if any
district is, or as a result of a proposed change of organization or
reorganization would be, located in more than one county, the
commission of the principal county shall have exclusive jurisdiction
over the matters authorized and required by this part.
56388. If any proposal involves a district which is, or as a result
of a proposed change of organization or reorganization would be,
located in more than one county, exclusive jurisdiction for that
proposal over the matters authorized and required by this part may be
vested in the commission of a county, other than the principal
county, in which territory of the district is located or is proposed
to be located if all of the following occur:
(a) The commission of the principal county agrees to having the
exclusive jurisdiction vested in the commission of another county.
(b) The commission of the principal county designates the
commission of another county which shall assume exclusive
jurisdiction.
(c) The commission of the county so designated agrees to assume
exclusive jurisdiction.
56375. The commission shall have all of the following powers and
duties subject to any limitations upon its jurisdiction set forth in
this part:
(a) (1) To review and approve or disapprove with or without
amendment, wholly, partially, or conditionally, proposals for changes
of organization or reorganization, consistent with written policies,
procedures, and guidelines adopted by the commission.
(2) The commission may initiate proposals by resolution of
application for any of the following:
(A) The consolidation of a district, as defined in Section 56036.
(B) The dissolution of a district.
(C) A merger.
(D) The establishment of a subsidiary district.
(E) The formation of a new district or districts.
(F) A reorganization that includes any of the changes specified in
subparagraph (A), (B), (C), (D), or (E).
(3) A commission may initiate a proposal described in paragraph
(2) only if that change of organization or reorganization is
consistent with a recommendation or conclusion of a study prepared
pursuant to Section 56378, 56425, or 56430, and the commission makes
the determinations specified in subdivision (b) of Section 56881.
(4) A commission shall not disapprove an annexation to a city,
initiated by resolution, of contiguous territory that the commission
finds is any of the following:
(A) Surrounded or substantially surrounded by the city to which
the annexation is proposed or by that city and a county boundary or
the Pacific Ocean if the territory to be annexed is substantially
developed or developing, is not prime agricultural land as defined in
Section 56064, is designated for urban growth by the general plan of
the annexing city, and is not within the sphere of influence of
another city.
(B) Located within an urban service area that has been delineated
and adopted by a commission, which is not prime agricultural land, as
defined by Section 56064, and is designated for urban growth by the
general plan of the annexing city.
(C) An annexation or reorganization of unincorporated islands
meeting the requirements of Section 56375.3.
(5) As a condition to the annexation of an area that is
surrounded, or substantially surrounded, by the city to which the
annexation is proposed, the commission may require, where consistent
with the purposes of this division, that the annexation include the
entire island of surrounded, or substantially surrounded, territory.
(6) A commission shall not impose any conditions that would
directly regulate land use density or intensity, property
development, or subdivision requirements.
(7) The decision of the commission with regard to a proposal to
annex territory to a city shall be based upon the general plan and
prezoning of the city. When the development purposes are not made
known to the annexing city, the annexation shall be reviewed on the
basis of the adopted plans and policies of the annexing city or
county. A commission shall require, as a condition to annexation,
that a city prezone the territory to be annexed or present evidence
satisfactory to the commission that the existing development
entitlements on the territory are vested or are already at build-out,
and are consistent with the city's general plan. However, the
commission shall not specify how, or in what manner, the territory
shall be prezoned.
(b) With regard to a proposal for annexation or detachment of
territory to, or from, a city or district or with regard to a
proposal for reorganization that includes annexation or detachment,
to determine whether territory proposed for annexation or detachment,
as described in its resolution approving the annexation, detachment,
or reorganization, is inhabited or uninhabited.
(c) With regard to a proposal for consolidation of two or more
cities or districts, to determine which city or district shall be the
consolidated successor city or district.
(d) To approve the annexation of unincorporated, noncontiguous
territory, subject to the limitations of Section 56742, located in
the same county as that in which the city is located, and that is
owned by a city and used for municipal purposes and to authorize the
annexation of the territory without notice and hearing.
(e) 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. 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 two 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.
(f) With respect to the incorporation of a new city or the
formation of a new special district, to determine the number of
registered voters residing within the proposed city or special
district or, for a landowner-voter special district, the number of
owners of land and the assessed value of their land within the
territory proposed to be included in the new special district. The
number of registered voters shall be calculated as of the time of the
last report of voter registration by the county elections official
to the Secretary of State prior to the date the first signature was
affixed to the petition. The executive officer shall notify the
petitioners of the number of registered voters resulting from this
calculation. The assessed value of the land within the territory
proposed to be included in a new landowner-voter special district
shall be calculated as shown on the last equalized assessment roll.
(g) To adopt written procedures for the evaluation of proposals,
including written definitions consistent with existing state law. The
commission may adopt standards for any of the factors enumerated in
Section 56668. Any standards adopted by the commission shall be
written.
(h) To adopt standards and procedures for the evaluation of
service plans submitted pursuant to Section 56653 and the initiation
of a change of organization or reorganization pursuant to subdivision
(a).
(i) To make and enforce regulations for the orderly and fair
conduct of hearings by the commission.
(j) To incur usual and necessary expenses for the accomplishment
of its functions.
(k) To appoint and assign staff personnel and to employ or
contract for professional or consulting services to carry out and
effect the functions of the commission.
(l) To review the boundaries of the territory involved in any
proposal with respect to the definiteness and certainty of those
boundaries, the nonconformance of proposed boundaries with lines of
assessment or ownership, and other similar matters affecting the
proposed boundaries.
(m) To waive the restrictions of Section 56744 if it finds that
the application of the restrictions would be detrimental to the
orderly development of the community and that the area that would be
enclosed by the annexation or incorporation is so located that it
cannot reasonably be annexed to another city or incorporated as a new
city.
(n) To waive the application of Section 22613 of the Streets and
Highways Code if it finds the application would deprive an area of a
service needed to ensure the health, safety, or welfare of the
residents of the area and if it finds that the waiver would not
affect the ability of a city to provide any service. However, within
60 days of the inclusion of the territory within the city, the
legislative body may adopt a resolution nullifying the waiver.
(o) If the proposal includes the incorporation of a city, as
defined in Section 56043, or the formation of a district, as defined
in Section 2215 of the Revenue and Taxation Code, the commission
shall determine the property tax revenue to be exchanged by the
affected local agencies pursuant to Section 56810.
(p) To authorize a city or district to provide new or extended
services outside its jurisdictional boundaries pursuant to Section
56133.
(q) To enter into an agreement with the commission for an
adjoining county for the purpose of determining procedures for the
consideration of proposals that may affect the adjoining county or
where the jurisdiction of an affected agency crosses the boundary of
the adjoining county.
56375.2. (a) In addition to those powers enumerated in Section
56375, the Marin Local Agency Formation Commission may initiate and
approve, after notice and hearing, a reorganization or consolidation
of the Sewerage Agency of Southern Marin and its member districts,
without protest hearings.
(b) If the commission initiates and approves the reorganization or
consolidation pursuant to subdivision (a), the commission may impose
terms and conditions on the reorganization or consolidation that
would require the Sewerage Agency of Southern Marin and its member
agencies to be responsible for payment of the commission's costs
incurred in association with the reorganization or consolidation.
(c) This section shall become effective on January 1, 2011.
56375.3. (a) In addition to those powers enumerated in Section
56375, a commission shall do either of the following:
(1) Approve, after notice and hearing, the change of organization
or reorganization of a city, and waive protest proceedings pursuant
to Part 4 (commencing with Section 57000) entirely, if all of the
following are true:
(A) The change of organization or reorganization is initiated on
or after January 1, 2000, and before January 1, 2014.
(B) The change of organization or reorganization is proposed by
resolution adopted by the affected city.
(C) The commission finds that the territory contained in the
change of organization or reorganization proposal meets all of the
requirements set forth in subdivision (b).
(2) Approve, after notice and hearing, the change of organization
or reorganization of a city, subject to subdivision (a) of Section
57080, if all of the following are true:
(A) The change of organization or reorganization is initiated on
or after January 1, 2014.
(B) The change of organization or reorganization is proposed by
resolution adopted by the affected city.
(C) The commission finds that the territory contained in the
change of organization or reorganization proposal meets all of the
requirements set forth in subdivision (b).
(b) Subdivision (a) applies to territory that meets all of the
following requirements:
(1) It does not exceed 150 acres in area, and that area
constitutes the entire island.
(2) The territory constitutes an entire unincorporated island
located within the limits of a city, or constitutes a reorganization
containing a number of individual unincorporated islands.
(3) It is surrounded in either of the following ways:
(A) Surrounded, or substantially surrounded, by the city to which
annexation is proposed or by the city and a county boundary or the
Pacific Ocean.
(B) Surrounded by the city to which annexation is proposed and
adjacent cities.
(C) This subdivision shall not be construed to apply to any
unincorporated island within a city that is a gated community where
services are currently provided by a community services district.
(D) Notwithstanding any other provision of law, at the option of
either the city or the county, a separate property tax transfer
agreement may be agreed to between a city and a county pursuant to
Section 99 of the Revenue and Taxation Code regarding an annexation
subject to this subdivision without affecting any existing master tax
sharing agreement between the city and county.
(4) It is substantially developed or developing. The finding
required by this paragraph shall be based upon one or more factors,
including, but not limited to, any of the following factors:
(A) The availability of public utility services.
(B) The presence of public improvements.
(C) The presence of physical improvements upon the parcel or
parcels within the area.
(5) It is not prime agricultural land, as defined by Section
56064.
(6) It will benefit from the change of organization or
reorganization or is receiving benefits from the annexing city.
(c) Notwithstanding any other provision of this subdivision, this
subdivision shall not apply to all or any part of that portion of the
development project area referenced in subdivision (e) of Section
33492.41 of the Health and Safety Code that as of January 1, 2000,
meets all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
56375.4. (a) The authority to initiate, conduct, and complete any
proceeding pursuant to subdivision (a) of Section 56375.3 does not
apply to any territory that, after January 1, 2000, became surrounded
or substantially surrounded by the city to which annexation is
proposed, except for islands that were created after January 1, 2000,
as a result of boundary adjustments between two counties. The
authority to initiate, conduct, and complete any proceeding pursuant
to paragraph (1) of subdivision (a) of Section 56375.3 shall expire
January 1, 2014. The period of time between January 1, 2000, and
January 1, 2014, shall not include any period of time during which,
in an action pending in any court, a local agency is enjoined from
conducting proceedings pursuant to paragraph (1) of subdivision (a)
of Section 56375.3. Upon final disposition of that case, the
previously enjoined local agency may initiate, conduct, and complete
proceedings pursuant to paragraph (1) of subdivision (a) of Section
56375.3 for the same period of time as was remaining under that
14-year limit at the time the injunction commenced. However, if the
remaining time is less than six months, that authority shall continue
for six months following final disposition of the action.
(b) Between January 1, 2000, and January 1, 2014, no new proposal
involving the same or substantially the same territory as a proposal
initiated pursuant to paragraph (1) of subdivision (a) of Section
56375.3 after January 1, 2000, shall be initiated for two years after
the date of adoption by the commission of a resolution terminating
proceedings.
56375.5. Every determination made by a commission regarding the
matters provided for by subdivisions (a), (m), and (n) of Section
56375 and by subdivision (a) of Section 56375.3 shall be consistent
with the spheres of influence of the local agencies affected by those
determinations.
56376. The commission shall not impose a condition for the
provision of services by the annexing city to an area which has not
been placed within that city's adopted sphere of influence, as
defined in Section 56076, unless that condition would mitigate
effects which are a direct result of the annexation.
In the case of any annexation proposal for which a certificate of
completion was not recorded prior to January 1, 1985, a condition
imposed thereon which does not comply with the requirements of this
section is null and void and shall not affect the validity of, or
terminate the annexation proceedings.
56376.5. (a) The commission shall not impose any condition on an
annexing local agency with respect to the standards or frequency of
maintenance of any existing street or road within the annexed
territory.
(b) The commission shall not impose a condition which requires a
local agency to improve an existing public facility which is not
owned by the agency.
(c) This section shall not be construed as authorizing a
commission to impose any conditions which it is not otherwise
authorized to impose.
56377. In reviewing and approving or disapproving proposals which
could reasonably be expected to induce, facilitate, or lead to the
conversion of existing open-space lands to uses other than open-space
uses, the commission shall consider all of the following policies
and priorities:
(a) Development or use of land for other than open-space uses
shall be guided away from existing prime agricultural lands in
open-space use toward areas containing nonprime agricultural lands,
unless that action would not promote the planned, orderly, efficient
development of an area.
(b) Development of existing vacant or nonprime agricultural lands
for urban uses within the existing jurisdiction of a local agency or
within the sphere of influence of a local agency should be encouraged
before any proposal is approved which would allow for or lead to the
development of existing open-space lands for non-open-space uses
which are outside of the existing jurisdiction of the local agency or
outside of the existing sphere of influence of the local agency.
56378. In addition to its other powers, the commission shall
initiate and make studies of existing governmental agencies. Those
studies shall include, but shall not be limited to, inventorying
those agencies and determining their maximum service area and service
capacities. In conducting those studies, the commission may ask for
land use information, studies, and plans of cities, counties,
districts, including school districts, community college districts,
and regional agencies and state agencies and departments. Cities,
counties, districts, including school districts, community college
districts, regional agencies, and state agencies and departments,
shall comply with the request of the commission for that information
and the commission shall make its studies available to public
agencies and any interested person. In making these studies, the
commission may cooperate with the county planning commissions.
The commission, or the board of supervisors on behalf of the
commission, may apply for or accept, or both, any financial
assistance and grants-in-aid from public or private agencies or from
the state or federal government or from a local government.
56379. Any person may, prior to any meeting, request the commission
to cause a stenographic or electromagnetic record to be made of a
meeting. If the cost of making that record is borne by that person,
the commission shall cause the record to be made. The commission may
require any person requesting the record to be made to deposit the
estimated cost of making the record with the commission prior to the
hearing.
56380. The commission shall make its own provision for necessary
quarters, equipment, and supplies as well as personnel. The
commission may choose to contract with any public agency or private
party for personnel and facilities.
56381. (a) The commission shall adopt annually, following noticed
public hearings, a proposed budget by May 1 and final budget by June
15. At a minimum, the proposed and final budget shall be equal to the
budget adopted for the previous fiscal year unless the commission
finds that reduced staffing or program costs will nevertheless allow
the commission to fulfill the purposes and programs of this chapter.
The commission shall transmit its proposed and final budgets to the
board of supervisors, to each city, and to each independent special
district.
(b) After public hearings, consideration of comments, and adoption
of a final budget by the commission pursuant to subdivision (a), the
auditor shall apportion the net operating expenses of a commission
in the following manner:
(1) (A) In counties in which there is city and independent special
district representation on the commission, the county, cities, and
independent special districts shall each provide a one-third share of
the commission's operational costs.
(B) The cities' share shall be apportioned in proportion to each
city's total revenues, as reported in the most recent edition of the
Cities Annual Report published by the Controller, as a percentage of
the combined city revenues within a county, or by an alternative
method approved by a majority of cities representing the majority of
the combined cities' populations.
(C) The independent special districts' share shall be apportioned
in proportion to each district's total revenues as a percentage of
the combined total district revenues within a county. Except as
provided in subparagraph (D), an independent special district's total
revenue shall be calculated for nonenterprise activities as total
revenues for general purpose transactions less intergovernmental
revenue and for enterprise activities as total operating and
nonoperating revenues less intergovernmental revenue, as reported in
the most recent edition of the "Special Districts Annual Report"
published by the Controller, or by an alternative method approved by
a majority of the agencies, representing a majority of their combined
populations. For the purposes of fulfilling the requirement of this
section, a multicounty independent special district shall be required
to pay its apportionment in its principal county. It is the intent
of the Legislature that no single district or class or type of
district shall bear a disproportionate amount of the district share
of costs.
(D) (i) For purposes of apportioning costs to a health care
district formed pursuant to Division 23 (commencing with Section
32000) of the Health and Safety Code that operates a hospital, a
health care district's share, except as provided in clauses (ii) and
(iii), shall be apportioned in proportion to each district's net from
operations as reported in the most recent edition of the hospital
financial disclosure report form published by the Office of Statewide
Health Planning and Development, as a percentage of the combined
independent special districts' net operating revenues within a
county.
(ii) A health care district for which net from operations is a
negative number may not be apportioned any share of the commission's
operational costs until the fiscal year following positive net from
operations, as reported in the most recent edition of the hospital
financial disclosure report form published by the Office of Statewide
Health Planning and Development.
(iii) A health care district that has filed and is operating under
public entity bankruptcy pursuant to federal bankruptcy law, shall
not be apportioned any share of the commission's operational costs
until the fiscal year following its discharge from bankruptcy.
(iv) As used in this subparagraph "net from operations" means
total operating revenue less total operating expenses.
(E) Notwithstanding the requirements of subparagraph (C), the
independent special districts' share may be apportioned by an
alternative method approved by a majority of the districts,
representing a majority of the combined populations. However, in no
event shall an individual district's apportionment exceed the amount
that would be calculated pursuant to subparagraphs (C) and (D), or in
excess of 50 percent of the total independent special districts'
share, without the consent of that district.
(F) Notwithstanding the requirements of subparagraph (C), no
independent special district shall be apportioned a share of more
than 50 percent of the total independent special districts' share of
the commission's operational costs, without the consent of the
district as otherwise provided in this section. In those counties in
which a district's share is limited to 50 percent of the total
independent special districts' share of the commission's operational
costs, the share of the remaining districts shall be increased on a
proportional basis so that the total amount for all districts equals
the share apportioned by the auditor to independent special
districts.
(2) In counties in which there is no independent special district
representation on the commission, the county and its cities shall
each provide a one-half share of the commission's operational costs.
The cities' share shall be apportioned in the manner described in
paragraph (1).
(3) In counties in which there are no cities, the county and its
special districts shall each provide a one-half share of the
commission's operational costs. The independent special districts'
share shall be apportioned in the manner described for cities'
apportionment in paragraph (1). If there is no independent special
district representation on the commission, the county shall pay all
of the commission's operational costs.
(4) Instead of determining apportionment pursuant to paragraph
(1), (2), or (3), any alternative method of apportionment of the net
operating expenses of the commission may be used if approved by a
majority vote of each of the following: the board of supervisors; a
majority of the cities representing a majority of the total
population of cities in the county; and the independent special
districts representing a majority of the combined total population of
independent special districts in the county. However, in no event
shall an individual district's apportionment exceed the amount that
would be calculated pursuant to subparagraphs (C) and (D) of
paragraph (1), or in excess of 50 percent of the total independent
special districts' share, without the consent of that district.
(c) After apportioning the costs as required in subdivision (b),
the auditor shall request payment from the board of supervisors and
from each city and each independent special district no later than
July 1 of each year for the amount that entity owes and the actual
administrative costs incurred by the auditor in apportioning costs
and requesting payment from each entity. If the county, a city, or an
independent special district does not remit its required payment
within 60 days, the commission may determine an appropriate method of
collecting the required payment, including a request to the auditor
to collect an equivalent amount from the property tax, or any fee or
eligible revenue owed to the county, city, or district. The auditor
shall provide written notice to the county, city, or district prior
to appropriating a share of the property tax or other revenue to the
commission for the payment due the commission pursuant to this
section. Any expenses incurred by the commission or the auditor in
collecting late payments or successfully challenging nonpayment shall
be added to the payment owed to the commission. Between the
beginning of the fiscal year and the time the auditor receives
payment from each affected city and district, the board of
supervisors shall transmit funds to the commission sufficient to
cover the first two months of the commission's operating expenses as
specified by the commission. When the city and district payments are
received by the commission, the county's portion of the commission's
annual operating expenses shall be credited with funds already
received from the county. If, at the end of the fiscal year, the
commission has funds in excess of what it needs, the commission may
retain those funds and calculate them into the following fiscal year'
s budget. If, during the fiscal year, the commission is without
adequate funds to operate, the board of supervisors may loan the
commission funds. The commission shall appropriate sufficient funds
in its budget for the subsequent fiscal year to repay the loan.
56381.6. (a) Notwithstanding the provisions of Section 56381, for
counties whose membership on the commission is established pursuant
to Sections 56326, 56326.5, 56327, or 56328, the commission's annual
operational costs shall be apportioned among the classes of public
agencies that select members on the commission in proportion to the
number of members selected by each class. The classes of public
agencies that may be represented on the commission are the county,
the cities, and independent special districts. Any alternative cost
apportionment procedure may be adopted by the commission, subject to
a majority affirmative vote of the commission that includes the
affirmative vote of at least one of the members selected by the
county, one of the members selected by the cities, and one of the
members selected by districts, if special districts are represented
on the commission.
(b) Allocation of costs among individual cities and independent
special districts and remittance of payments shall be in accordance
with the procedures of Section 56381. Notwithstanding Section 56381,
any city that has permanent membership on the commission pursuant to
Sections 56326, 56326.5, 56327, or 56328 shall be apportioned the
same percentage of the commission's annual operational costs as its
permanent member bears to the total membership of the commission,
excluding any public members selected by all the members. The balance
of the cities' portion of the commission's annual operational costs
shall be apportioned to the remaining cities in the county in
accordance with the procedures of Section 56381.
56382. The commission may authorize the destruction of any
duplicate record, paper, or other document if the original or a
photographic or electronic copy of the record, paper, or other
document is retained in the files of the commission, and the
commission may authorize the destruction of original records more
than two years old if a photographic or electronic copy of the
original record is made and preserved, provided that the following
conditions are met:
(a) The record is reproduced on a medium that does not permit
additions, deletions, or changes to the original document, or
reproduced in compliance with the minimum standards or guidelines, or
both, as recommended by the American National Standards Institute or
the Association for Information and Image Management for recording
of permanent records or nonpermanent records, whichever applies.
(b) The device used to reproduce the record is one that accurately
and legibly reproduces the original thereof in all details and that
does not permit additions, deletions, or changes to the original
document images.
(c) The reproductions are made as accessible for public reference
as the original records were.
(d) A true copy of archival quality of the reproductions shall be
kept in a safe and separate place for security purposes.
56383. (a) The commission may establish a schedule of fees and a
schedule of service charges for the proceedings taken pursuant to
this division, including, but not limited to, all of the following:
(1) Filing and processing applications filed with the commission.
(2) Proceedings undertaken by the commission and any
reorganization committee.
(3) Amending a sphere of influence.
(4) Reconsidering a resolution making determinations.
(b) The fees shall not exceed the estimated reasonable cost of
providing the service for which the fee is charged and shall be
imposed pursuant to Section 66016. The service charges shall not
exceed the cost of providing the service for which the service charge
is charged and shall be imposed pursuant to Section 60016.
(c) The commission may require that an applicant deposit some or
all of the required amount that will be owed with the executive
officer before any further action is taken. The deposit shall be made
within the time period specified by the commission. No application
shall be deemed filed until the applicant deposits the required
amount with the executive officer. The executive officer shall
provide the applicant with an accounting of all costs charged against
the deposited amount. If the costs are less than the deposited
amount, the executive officer shall refund the balance to the
applicant after the executive officer verifies the completion of all
proceedings. If the costs exceed the deposited amount, the applicant
shall pay the difference prior to the completion of all proceedings.
(d) The commission may reduce or waive a fee, service charge, or
deposit if it finds that payment would be detrimental to the public
interest. The reduction or waiver of any fee, service charge, or
deposit is limited to the costs incurred by the commission in the
proceedings of an application.
(e) Any mandatory time limits for commission action may be
deferred until the applicant pays the required fee, service charge,
or deposit.
(f) The signatures on a petition submitted to the commission by
registered voters shall be verified by the elections official of the
county and the costs of verification shall be provided for in the
same manner and by the same agencies which bear the costs of
verifying signatures for an initiative petition in the same county.
(g) For incorporation proceedings that have been initiated by the
filing of a sufficient number of voter signatures on petitions that
have been verified by the county registrar of voters, the commission
may, upon the receipt of a certification by the proponents that they
are unable to raise sufficient funds to reimburse fees, service
charges, or deposits for the proceedings, take no action on the
proposal and request a loan from the General Fund of an amount
sufficient to cover those expenses subject to availability of an
appropriation for those purposes and in accordance with any
provisions of the appropriation. Repayment of the loan shall be made
a condition of approval of the incorporation, if successful, and
shall become an obligation of the newly formed city. Repayment shall
be made within two years of the effective date of incorporation. If
the proposal is denied by the commission or defeated at an election,
the loan shall be forgiven.
56384. (a) The commission shall appoint an executive officer who
shall conduct and perform the day-to-day business of the commission.
If the executive officer is subject to a conflict of interest on a
matter before the commission, the commission shall appoint an
alternate executive officer. The commission may recover its costs by
charging fees pursuant to Section 56383.
(b) The commission shall appoint legal counsel to advise it. If
the commission's counsel is subject to a conflict of interest on a
matter before the commission, the commission shall appoint alternate
legal counsel to advise it. The commission may recover its costs by
charging fees pursuant to Section 56383.
(c) The commission may appoint staff as it deems appropriate. If
staff for the commission is subject to a conflict of interest on a
matter before the commission, the commission shall appoint alternate
staff to assist it. The commission may recover its costs by charging
fees pursuant to Section 56383.
(d) For purposes of this section, the term "conflict of interest"
shall be defined as it is for the purpose of the Political Reform Act
of 1974 and shall also include matters proscribed by Article 4
(commencing with Section 1090) of Chapter 1 of Division 4 of Title 1.
56385. The commission may contract for retirement benefits for the
executive officer or staff personnel pursuant to the County Employees
Retirement Law of 1937, Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 or the Public Employees' Retirement
Law, Part 3 (commencing with Section 20000) of Division 5 of Title 2.
It may also provide for health and medical benefits.
The commission shall preserve accrued vacation, sick leave,
compensatory time, and retirement benefits of persons hired from
within the employment of their respective county.
56386. (a) The officers and employees of a city, county, or special
district, including any local agency, school district, community
college district, and any regional agency, or state agency or
department, as may be necessary, or any other public agency shall
furnish the executive officer with any records or information in
their possession which may be necessary to assist the commission and
the executive officer in their duties, including, but not limited to,
the preparation of reports pursuant to Sections 56665 and 56800.
(b) Upon request by the commission or the executive officer, the
county surveyor, or any other county officer, county official, or
employee as the board of supervisors may designate, shall examine and
report to the commission or the executive officer upon any
application or other document involving any of the matters specified
in subdivision (l) of Section 56375.
56387. Except as otherwise provided in Section 56388, if any
district is, or as a result of a proposed change of organization or
reorganization would be, located in more than one county, the
commission of the principal county shall have exclusive jurisdiction
over the matters authorized and required by this part.
56388. If any proposal involves a district which is, or as a result
of a proposed change of organization or reorganization would be,
located in more than one county, exclusive jurisdiction for that
proposal over the matters authorized and required by this part may be
vested in the commission of a county, other than the principal
county, in which territory of the district is located or is proposed
to be located if all of the following occur:
(a) The commission of the principal county agrees to having the
exclusive jurisdiction vested in the commission of another county.
(b) The commission of the principal county designates the
commission of another county which shall assume exclusive
jurisdiction.
(c) The commission of the county so designated agrees to assume
exclusive jurisdiction.
56375. The commission shall have all of the following powers and
duties subject to any limitations upon its jurisdiction set forth in
this part:
(a) (1) To review and approve or disapprove with or without
amendment, wholly, partially, or conditionally, proposals for changes
of organization or reorganization, consistent with written policies,
procedures, and guidelines adopted by the commission.
(2) The commission may initiate proposals by resolution of
application for any of the following:
(A) The consolidation of a district, as defined in Section 56036.
(B) The dissolution of a district.
(C) A merger.
(D) The establishment of a subsidiary district.
(E) The formation of a new district or districts.
(F) A reorganization that includes any of the changes specified in
subparagraph (A), (B), (C), (D), or (E).
(3) A commission may initiate a proposal described in paragraph
(2) only if that change of organization or reorganization is
consistent with a recommendation or conclusion of a study prepared
pursuant to Section 56378, 56425, or 56430, and the commission makes
the determinations specified in subdivision (b) of Section 56881.
(4) A commission shall not disapprove an annexation to a city,
initiated by resolution, of contiguous territory that the commission
finds is any of the following:
(A) Surrounded or substantially surrounded by the city to which
the annexation is proposed or by that city and a county boundary or
the Pacific Ocean if the territory to be annexed is substantially
developed or developing, is not prime agricultural land as defined in
Section 56064, is designated for urban growth by the general plan of
the annexing city, and is not within the sphere of influence of
another city.
(B) Located within an urban service area that has been delineated
and adopted by a commission, which is not prime agricultural land, as
defined by Section 56064, and is designated for urban growth by the
general plan of the annexing city.
(C) An annexation or reorganization of unincorporated islands
meeting the requirements of Section 56375.3.
(5) As a condition to the annexation of an area that is
surrounded, or substantially surrounded, by the city to which the
annexation is proposed, the commission may require, where consistent
with the purposes of this division, that the annexation include the
entire island of surrounded, or substantially surrounded, territory.
(6) A commission shall not impose any conditions that would
directly regulate land use density or intensity, property
development, or subdivision requirements.
(7) The decision of the commission with regard to a proposal to
annex territory to a city shall be based upon the general plan and
prezoning of the city. When the development purposes are not made
known to the annexing city, the annexation shall be reviewed on the
basis of the adopted plans and policies of the annexing city or
county. A commission shall require, as a condition to annexation,
that a city prezone the territory to be annexed or present evidence
satisfactory to the commission that the existing development
entitlements on the territory are vested or are already at build-out,
and are consistent with the city's general plan. However, the
commission shall not specify how, or in what manner, the territory
shall be prezoned.
(b) With regard to a proposal for annexation or detachment of
territory to, or from, a city or district or with regard to a
proposal for reorganization that includes annexation or detachment,
to determine whether territory proposed for annexation or detachment,
as described in its resolution approving the annexation, detachment,
or reorganization, is inhabited or uninhabited.
(c) With regard to a proposal for consolidation of two or more
cities or districts, to determine which city or district shall be the
consolidated successor city or district.
(d) To approve the annexation of unincorporated, noncontiguous
territory, subject to the limitations of Section 56742, located in
the same county as that in which the city is located, and that is
owned by a city and used for municipal purposes and to authorize the
annexation of the territory without notice and hearing.
(e) 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. 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 two 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.
(f) With respect to the incorporation of a new city or the
formation of a new special district, to determine the number of
registered voters residing within the proposed city or special
district or, for a landowner-voter special district, the number of
owners of land and the assessed value of their land within the
territory proposed to be included in the new special district. The
number of registered voters shall be calculated as of the time of the
last report of voter registration by the county elections official
to the Secretary of State prior to the date the first signature was
affixed to the petition. The executive officer shall notify the
petitioners of the number of registered voters resulting from this
calculation. The assessed value of the land within the territory
proposed to be included in a new landowner-voter special district
shall be calculated as shown on the last equalized assessment roll.
(g) To adopt written procedures for the evaluation of proposals,
including written definitions consistent with existing state law. The
commission may adopt standards for any of the factors enumerated in
Section 56668. Any standards adopted by the commission shall be
written.
(h) To adopt standards and procedures for the evaluation of
service plans submitted pursuant to Section 56653 and the initiation
of a change of organization or reorganization pursuant to subdivision
(a).
(i) To make and enforce regulations for the orderly and fair
conduct of hearings by the commission.
(j) To incur usual and necessary expenses for the accomplishment
of its functions.
(k) To appoint and assign staff personnel and to employ or
contract for professional or consulting services to carry out and
effect the functions of the commission.
(l) To review the boundaries of the territory involved in any
proposal with respect to the definiteness and certainty of those
boundaries, the nonconformance of proposed boundaries with lines of
assessment or ownership, and other similar matters affecting the
proposed boundaries.
(m) To waive the restrictions of Section 56744 if it finds that
the application of the restrictions would be detrimental to the
orderly development of the community and that the area that would be
enclosed by the annexation or incorporation is so located that it
cannot reasonably be annexed to another city or incorporated as a new
city.
(n) To waive the application of Section 22613 of the Streets and
Highways Code if it finds the application would deprive an area of a
service needed to ensure the health, safety, or welfare of the
residents of the area and if it finds that the waiver would not
affect the ability of a city to provide any service. However, within
60 days of the inclusion of the territory within the city, the
legislative body may adopt a resolution nullifying the waiver.
(o) If the proposal includes the incorporation of a city, as
defined in Section 56043, or the formation of a district, as defined
in Section 2215 of the Revenue and Taxation Code, the commission
shall determine the property tax revenue to be exchanged by the
affected local agencies pursuant to Section 56810.
(p) To authorize a city or district to provide new or extended
services outside its jurisdictional boundaries pursuant to Section
56133.
(q) To enter into an agreement with the commission for an
adjoining county for the purpose of determining procedures for the
consideration of proposals that may affect the adjoining county or
where the jurisdiction of an affected agency crosses the boundary of
the adjoining county.
56375.2. (a) In addition to those powers enumerated in Section
56375, the Marin Local Agency Formation Commission may initiate and
approve, after notice and hearing, a reorganization or consolidation
of the Sewerage Agency of Southern Marin and its member districts,
without protest hearings.
(b) If the commission initiates and approves the reorganization or
consolidation pursuant to subdivision (a), the commission may impose
terms and conditions on the reorganization or consolidation that
would require the Sewerage Agency of Southern Marin and its member
agencies to be responsible for payment of the commission's costs
incurred in association with the reorganization or consolidation.
(c) This section shall become effective on January 1, 2011.
56375.3. (a) In addition to those powers enumerated in Section
56375, a commission shall do either of the following:
(1) Approve, after notice and hearing, the change of organization
or reorganization of a city, and waive protest proceedings pursuant
to Part 4 (commencing with Section 57000) entirely, if all of the
following are true:
(A) The change of organization or reorganization is initiated on
or after January 1, 2000, and before January 1, 2014.
(B) The change of organization or reorganization is proposed by
resolution adopted by the affected city.
(C) The commission finds that the territory contained in the
change of organization or reorganization proposal meets all of the
requirements set forth in subdivision (b).
(2) Approve, after notice and hearing, the change of organization
or reorganization of a city, subject to subdivision (a) of Section
57080, if all of the following are true:
(A) The change of organization or reorganization is initiated on
or after January 1, 2014.
(B) The change of organization or reorganization is proposed by
resolution adopted by the affected city.
(C) The commission finds that the territory contained in the
change of organization or reorganization proposal meets all of the
requirements set forth in subdivision (b).
(b) Subdivision (a) applies to territory that meets all of the
following requirements:
(1) It does not exceed 150 acres in area, and that area
constitutes the entire island.
(2) The territory constitutes an entire unincorporated island
located within the limits of a city, or constitutes a reorganization
containing a number of individual unincorporated islands.
(3) It is surrounded in either of the following ways:
(A) Surrounded, or substantially surrounded, by the city to which
annexation is proposed or by the city and a county boundary or the
Pacific Ocean.
(B) Surrounded by the city to which annexation is proposed and
adjacent cities.
(C) This subdivision shall not be construed to apply to any
unincorporated island within a city that is a gated community where
services are currently provided by a community services district.
(D) Notwithstanding any other provision of law, at the option of
either the city or the county, a separate property tax transfer
agreement may be agreed to between a city and a county pursuant to
Section 99 of the Revenue and Taxation Code regarding an annexation
subject to this subdivision without affecting any existing master tax
sharing agreement between the city and county.
(4) It is substantially developed or developing. The finding
required by this paragraph shall be based upon one or more factors,
including, but not limited to, any of the following factors:
(A) The availability of public utility services.
(B) The presence of public improvements.
(C) The presence of physical improvements upon the parcel or
parcels within the area.
(5) It is not prime agricultural land, as defined by Section
56064.
(6) It will benefit from the change of organization or
reorganization or is receiving benefits from the annexing city.
(c) Notwithstanding any other provision of this subdivision, this
subdivision shall not apply to all or any part of that portion of the
development project area referenced in subdivision (e) of Section
33492.41 of the Health and Safety Code that as of January 1, 2000,
meets all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
56375.4. (a) The authority to initiate, conduct, and complete any
proceeding pursuant to subdivision (a) of Section 56375.3 does not
apply to any territory that, after January 1, 2000, became surrounded
or substantially surrounded by the city to which annexation is
proposed, except for islands that were created after January 1, 2000,
as a result of boundary adjustments between two counties. The
authority to initiate, conduct, and complete any proceeding pursuant
to paragraph (1) of subdivision (a) of Section 56375.3 shall expire
January 1, 2014. The period of time between January 1, 2000, and
January 1, 2014, shall not include any period of time during which,
in an action pending in any court, a local agency is enjoined from
conducting proceedings pursuant to paragraph (1) of subdivision (a)
of Section 56375.3. Upon final disposition of that case, the
previously enjoined local agency may initiate, conduct, and complete
proceedings pursuant to paragraph (1) of subdivision (a) of Section
56375.3 for the same period of time as was remaining under that
14-year limit at the time the injunction commenced. However, if the
remaining time is less than six months, that authority shall continue
for six months following final disposition of the action.
(b) Between January 1, 2000, and January 1, 2014, no new proposal
involving the same or substantially the same territory as a proposal
initiated pursuant to paragraph (1) of subdivision (a) of Section
56375.3 after January 1, 2000, shall be initiated for two years after
the date of adoption by the commission of a resolution terminating
proceedings.
56375.5. Every determination made by a commission regarding the
matters provided for by subdivisions (a), (m), and (n) of Section
56375 and by subdivision (a) of Section 56375.3 shall be consistent
with the spheres of influence of the local agencies affected by those
determinations.
56376. The commission shall not impose a condition for the
provision of services by the annexing city to an area which has not
been placed within that city's adopted sphere of influence, as
defined in Section 56076, unless that condition would mitigate
effects which are a direct result of the annexation.
In the case of any annexation proposal for which a certificate of
completion was not recorded prior to January 1, 1985, a condition
imposed thereon which does not comply with the requirements of this
section is null and void and shall not affect the validity of, or
terminate the annexation proceedings.
56376.5. (a) The commission shall not impose any condition on an
annexing local agency with respect to the standards or frequency of
maintenance of any existing street or road within the annexed
territory.
(b) The commission shall not impose a condition which requires a
local agency to improve an existing public facility which is not
owned by the agency.
(c) This section shall not be construed as authorizing a
commission to impose any conditions which it is not otherwise
authorized to impose.
56377. In reviewing and approving or disapproving proposals which
could reasonably be expected to induce, facilitate, or lead to the
conversion of existing open-space lands to uses other than open-space
uses, the commission shall consider all of the following policies
and priorities:
(a) Development or use of land for other than open-space uses
shall be guided away from existing prime agricultural lands in
open-space use toward areas containing nonprime agricultural lands,
unless that action would not promote the planned, orderly, efficient
development of an area.
(b) Development of existing vacant or nonprime agricultural lands
for urban uses within the existing jurisdiction of a local agency or
within the sphere of influence of a local agency should be encouraged
before any proposal is approved which would allow for or lead to the
development of existing open-space lands for non-open-space uses
which are outside of the existing jurisdiction of the local agency or
outside of the existing sphere of influence of the local agency.
56378. In addition to its other powers, the commission shall
initiate and make studies of existing governmental agencies. Those
studies shall include, but shall not be limited to, inventorying
those agencies and determining their maximum service area and service
capacities. In conducting those studies, the commission may ask for
land use information, studies, and plans of cities, counties,
districts, including school districts, community college districts,
and regional agencies and state agencies and departments. Cities,
counties, districts, including school districts, community college
districts, regional agencies, and state agencies and departments,
shall comply with the request of the commission for that information
and the commission shall make its studies available to public
agencies and any interested person. In making these studies, the
commission may cooperate with the county planning commissions.
The commission, or the board of supervisors on behalf of the
commission, may apply for or accept, or both, any financial
assistance and grants-in-aid from public or private agencies or from
the state or federal government or from a local government.
56379. Any person may, prior to any meeting, request the commission
to cause a stenographic or electromagnetic record to be made of a
meeting. If the cost of making that record is borne by that person,
the commission shall cause the record to be made. The commission may
require any person requesting the record to be made to deposit the
estimated cost of making the record with the commission prior to the
hearing.
56380. The commission shall make its own provision for necessary
quarters, equipment, and supplies as well as personnel. The
commission may choose to contract with any public agency or private
party for personnel and facilities.
56381. (a) The commission shall adopt annually, following noticed
public hearings, a proposed budget by May 1 and final budget by June
15. At a minimum, the proposed and final budget shall be equal to the
budget adopted for the previous fiscal year unless the commission
finds that reduced staffing or program costs will nevertheless allow
the commission to fulfill the purposes and programs of this chapter.
The commission shall transmit its proposed and final budgets to the
board of supervisors, to each city, and to each independent special
district.
(b) After public hearings, consideration of comments, and adoption
of a final budget by the commission pursuant to subdivision (a), the
auditor shall apportion the net operating expenses of a commission
in the following manner:
(1) (A) In counties in which there is city and independent special
district representation on the commission, the county, cities, and
independent special districts shall each provide a one-third share of
the commission's operational costs.
(B) The cities' share shall be apportioned in proportion to each
city's total revenues, as reported in the most recent edition of the
Cities Annual Report published by the Controller, as a percentage of
the combined city revenues within a county, or by an alternative
method approved by a majority of cities representing the majority of
the combined cities' populations.
(C) The independent special districts' share shall be apportioned
in proportion to each district's total revenues as a percentage of
the combined total district revenues within a county. Except as
provided in subparagraph (D), an independent special district's total
revenue shall be calculated for nonenterprise activities as total
revenues for general purpose transactions less intergovernmental
revenue and for enterprise activities as total operating and
nonoperating revenues less intergovernmental revenue, as reported in
the most recent edition of the "Special Districts Annual Report"
published by the Controller, or by an alternative method approved by
a majority of the agencies, representing a majority of their combined
populations. For the purposes of fulfilling the requirement of this
section, a multicounty independent special district shall be required
to pay its apportionment in its principal county. It is the intent
of the Legislature that no single district or class or type of
district shall bear a disproportionate amount of the district share
of costs.
(D) (i) For purposes of apportioning costs to a health care
district formed pursuant to Division 23 (commencing with Section
32000) of the Health and Safety Code that operates a hospital, a
health care district's share, except as provided in clauses (ii) and
(iii), shall be apportioned in proportion to each district's net from
operations as reported in the most recent edition of the hospital
financial disclosure report form published by the Office of Statewide
Health Planning and Development, as a percentage of the combined
independent special districts' net operating revenues within a
county.
(ii) A health care district for which net from operations is a
negative number may not be apportioned any share of the commission's
operational costs until the fiscal year following positive net from
operations, as reported in the most recent edition of the hospital
financial disclosure report form published by the Office of Statewide
Health Planning and Development.
(iii) A health care district that has filed and is operating under
public entity bankruptcy pursuant to federal bankruptcy law, shall
not be apportioned any share of the commission's operational costs
until the fiscal year following its discharge from bankruptcy.
(iv) As used in this subparagraph "net from operations" means
total operating revenue less total operating expenses.
(E) Notwithstanding the requirements of subparagraph (C), the
independent special districts' share may be apportioned by an
alternative method approved by a majority of the districts,
representing a majority of the combined populations. However, in no
event shall an individual district's apportionment exceed the amount
that would be calculated pursuant to subparagraphs (C) and (D), or in
excess of 50 percent of the total independent special districts'
share, without the consent of that district.
(F) Notwithstanding the requirements of subparagraph (C), no
independent special district shall be apportioned a share of more
than 50 percent of the total independent special districts' share of
the commission's operational costs, without the consent of the
district as otherwise provided in this section. In those counties in
which a district's share is limited to 50 percent of the total
independent special districts' share of the commission's operational
costs, the share of the remaining districts shall be increased on a
proportional basis so that the total amount for all districts equals
the share apportioned by the auditor to independent special
districts.
(2) In counties in which there is no independent special district
representation on the commission, the county and its cities shall
each provide a one-half share of the commission's operational costs.
The cities' share shall be apportioned in the manner described in
paragraph (1).
(3) In counties in which there are no cities, the county and its
special districts shall each provide a one-half share of the
commission's operational costs. The independent special districts'
share shall be apportioned in the manner described for cities'
apportionment in paragraph (1). If there is no independent special
district representation on the commission, the county shall pay all
of the commission's operational costs.
(4) Instead of determining apportionment pursuant to paragraph
(1), (2), or (3), any alternative method of apportionment of the net
operating expenses of the commission may be used if approved by a
majority vote of each of the following: the board of supervisors; a
majority of the cities representing a majority of the total
population of cities in the county; and the independent special
districts representing a majority of the combined total population of
independent special districts in the county. However, in no event
shall an individual district's apportionment exceed the amount that
would be calculated pursuant to subparagraphs (C) and (D) of
paragraph (1), or in excess of 50 percent of the total independent
special districts' share, without the consent of that district.
(c) After apportioning the costs as required in subdivision (b),
the auditor shall request payment from the board of supervisors and
from each city and each independent special district no later than
July 1 of each year for the amount that entity owes and the actual
administrative costs incurred by the auditor in apportioning costs
and requesting payment from each entity. If the county, a city, or an
independent special district does not remit its required payment
within 60 days, the commission may determine an appropriate method of
collecting the required payment, including a request to the auditor
to collect an equivalent amount from the property tax, or any fee or
eligible revenue owed to the county, city, or district. The auditor
shall provide written notice to the county, city, or district prior
to appropriating a share of the property tax or other revenue to the
commission for the payment due the commission pursuant to this
section. Any expenses incurred by the commission or the auditor in
collecting late payments or successfully challenging nonpayment shall
be added to the payment owed to the commission. Between the
beginning of the fiscal year and the time the auditor receives
payment from each affected city and district, the board of
supervisors shall transmit funds to the commission sufficient to
cover the first two months of the commission's operating expenses as
specified by the commission. When the city and district payments are
received by the commission, the county's portion of the commission's
annual operating expenses shall be credited with funds already
received from the county. If, at the end of the fiscal year, the
commission has funds in excess of what it needs, the commission may
retain those funds and calculate them into the following fiscal year'
s budget. If, during the fiscal year, the commission is without
adequate funds to operate, the board of supervisors may loan the
commission funds. The commission shall appropriate sufficient funds
in its budget for the subsequent fiscal year to repay the loan.
56381.6. (a) Notwithstanding the provisions of Section 56381, for
counties whose membership on the commission is established pursuant
to Sections 56326, 56326.5, 56327, or 56328, the commission's annual
operational costs shall be apportioned among the classes of public
agencies that select members on the commission in proportion to the
number of members selected by each class. The classes of public
agencies that may be represented on the commission are the county,
the cities, and independent special districts. Any alternative cost
apportionment procedure may be adopted by the commission, subject to
a majority affirmative vote of the commission that includes the
affirmative vote of at least one of the members selected by the
county, one of the members selected by the cities, and one of the
members selected by districts, if special districts are represented
on the commission.
(b) Allocation of costs among individual cities and independent
special districts and remittance of payments shall be in accordance
with the procedures of Section 56381. Notwithstanding Section 56381,
any city that has permanent membership on the commission pursuant to
Sections 56326, 56326.5, 56327, or 56328 shall be apportioned the
same percentage of the commission's annual operational costs as its
permanent member bears to the total membership of the commission,
excluding any public members selected by all the members. The balance
of the cities' portion of the commission's annual operational costs
shall be apportioned to the remaining cities in the county in
accordance with the procedures of Section 56381.
56382. The commission may authorize the destruction of any
duplicate record, paper, or other document if the original or a
photographic or electronic copy of the record, paper, or other
document is retained in the files of the commission, and the
commission may authorize the destruction of original records more
than two years old if a photographic or electronic copy of the
original record is made and preserved, provided that the following
conditions are met:
(a) The record is reproduced on a medium that does not permit
additions, deletions, or changes to the original document, or
reproduced in compliance with the minimum standards or guidelines, or
both, as recommended by the American National Standards Institute or
the Association for Information and Image Management for recording
of permanent records or nonpermanent records, whichever applies.
(b) The device used to reproduce the record is one that accurately
and legibly reproduces the original thereof in all details and that
does not permit additions, deletions, or changes to the original
document images.
(c) The reproductions are made as accessible for public reference
as the original records were.
(d) A true copy of archival quality of the reproductions shall be
kept in a safe and separate place for security purposes.
56383. (a) The commission may establish a schedule of fees and a
schedule of service charges for the proceedings taken pursuant to
this division, including, but not limited to, all of the following:
(1) Filing and processing applications filed with the commission.
(2) Proceedings undertaken by the commission and any
reorganization committee.
(3) Amending a sphere of influence.
(4) Reconsidering a resolution making determinations.
(b) The fees shall not exceed the estimated reasonable cost of
providing the service for which the fee is charged and shall be
imposed pursuant to Section 66016. The service charges shall not
exceed the cost of providing the service for which the service charge
is charged and shall be imposed pursuant to Section 60016.
(c) The commission may require that an applicant deposit some or
all of the required amount that will be owed with the executive
officer before any further action is taken. The deposit shall be made
within the time period specified by the commission. No application
shall be deemed filed until the applicant deposits the required
amount with the executive officer. The executive officer shall
provide the applicant with an accounting of all costs charged against
the deposited amount. If the costs are less than the deposited
amount, the executive officer shall refund the balance to the
applicant after the executive officer verifies the completion of all
proceedings. If the costs exceed the deposited amount, the applicant
shall pay the difference prior to the completion of all proceedings.
(d) The commission may reduce or waive a fee, service charge, or
deposit if it finds that payment would be detrimental to the public
interest. The reduction or waiver of any fee, service charge, or
deposit is limited to the costs incurred by the commission in the
proceedings of an application.
(e) Any mandatory time limits for commission action may be
deferred until the applicant pays the required fee, service charge,
or deposit.
(f) The signatures on a petition submitted to the commission by
registered voters shall be verified by the elections official of the
county and the costs of verification shall be provided for in the
same manner and by the same agencies which bear the costs of
verifying signatures for an initiative petition in the same county.
(g) For incorporation proceedings that have been initiated by the
filing of a sufficient number of voter signatures on petitions that
have been verified by the county registrar of voters, the commission
may, upon the receipt of a certification by the proponents that they
are unable to raise sufficient funds to reimburse fees, service
charges, or deposits for the proceedings, take no action on the
proposal and request a loan from the General Fund of an amount
sufficient to cover those expenses subject to availability of an
appropriation for those purposes and in accordance with any
provisions of the appropriation. Repayment of the loan shall be made
a condition of approval of the incorporation, if successful, and
shall become an obligation of the newly formed city. Repayment shall
be made within two years of the effective date of incorporation. If
the proposal is denied by the commission or defeated at an election,
the loan shall be forgiven.
56384. (a) The commission shall appoint an executive officer who
shall conduct and perform the day-to-day business of the commission.
If the executive officer is subject to a conflict of interest on a
matter before the commission, the commission shall appoint an
alternate executive officer. The commission may recover its costs by
charging fees pursuant to Section 56383.
(b) The commission shall appoint legal counsel to advise it. If
the commission's counsel is subject to a conflict of interest on a
matter before the commission, the commission shall appoint alternate
legal counsel to advise it. The commission may recover its costs by
charging fees pursuant to Section 56383.
(c) The commission may appoint staff as it deems appropriate. If
staff for the commission is subject to a conflict of interest on a
matter before the commission, the commission shall appoint alternate
staff to assist it. The commission may recover its costs by charging
fees pursuant to Section 56383.
(d) For purposes of this section, the term "conflict of interest"
shall be defined as it is for the purpose of the Political Reform Act
of 1974 and shall also include matters proscribed by Article 4
(commencing with Section 1090) of Chapter 1 of Division 4 of Title 1.
56385. The commission may contract for retirement benefits for the
executive officer or staff personnel pursuant to the County Employees
Retirement Law of 1937, Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 or the Public Employees' Retirement
Law, Part 3 (commencing with Section 20000) of Division 5 of Title 2.
It may also provide for health and medical benefits.
The commission shall preserve accrued vacation, sick leave,
compensatory time, and retirement benefits of persons hired from
within the employment of their respective county.
56386. (a) The officers and employees of a city, county, or special
district, including any local agency, school district, community
college district, and any regional agency, or state agency or
department, as may be necessary, or any other public agency shall
furnish the executive officer with any records or information in
their possession which may be necessary to assist the commission and
the executive officer in their duties, including, but not limited to,
the preparation of reports pursuant to Sections 56665 and 56800.
(b) Upon request by the commission or the executive officer, the
county surveyor, or any other county officer, county official, or
employee as the board of supervisors may designate, shall examine and
report to the commission or the executive officer upon any
application or other document involving any of the matters specified
in subdivision (l) of Section 56375.
56387. Except as otherwise provided in Section 56388, if any
district is, or as a result of a proposed change of organization or
reorganization would be, located in more than one county, the
commission of the principal county shall have exclusive jurisdiction
over the matters authorized and required by this part.
56388. If any proposal involves a district which is, or as a result
of a proposed change of organization or reorganization would be,
located in more than one county, exclusive jurisdiction for that
proposal over the matters authorized and required by this part may be
vested in the commission of a county, other than the principal
county, in which territory of the district is located or is proposed
to be located if all of the following occur:
(a) The commission of the principal county agrees to having the
exclusive jurisdiction vested in the commission of another county.
(b) The commission of the principal county designates the
commission of another county which shall assume exclusive
jurisdiction.
(c) The commission of the county so designated agrees to assume
exclusive jurisdiction.
