SECTIONS 23331-23344 - California Statutes

GOVERNMENT CODE

SECTION 23331-23344

23331. Upon receipt of notice pursuant to Section 23330, the
Governor shall create a County Formation Review Commission to review
the proposed county creation, and appoint five persons to be members
of the commission. Of the five persons appointed to the commission,
two shall reside within the territory of the proposed county, two
shall reside within the territory remaining in the affected county or
counties should the proposed county be created; and one shall not be
a resident of either the territory of the proposed county or the
affected county or counties. The Governor shall appoint the members
of the commission within 120 days following his receipt of the
petition certification pursuant to Section 23330.

23332. The commission shall determine all of the following:
(a) A fair, just, and equitable distribution, as between each
affected county and the proposed county, of the indebtedness of each
affected county.
(b) The fiscal impact of the proposed county creation on each
affected county.
(c) The economic viability of the proposed county.
(d) The final boundaries of the proposed county, pursuant to
Sections 23337, 23337.5, and 23338.
(e) A procedure for the orderly and timely transition of service
functions and responsibilities from the affected county or counties
to the proposed county.
(f) The division of the proposed county into five supervisorial
districts. The boundaries of the districts shall be established in a
manner which results in a population in each district which is as
equal as possible to the population in each of the other districts
within the county.
(g) The division of the proposed county into a convenient and
necessary number of judicial, road, and school districts, the
territory of which shall be defined. To the extent possible, existing
judicial, road, and school districts located within the territory of
the proposed county shall be maintained.
(h) Which county offices shall be filled by election at the
subsequent election of officials for an approved county conducted
pursuant to Article 4.5 (commencing with Section 23374.1), and which
of the offices shall be filled by appointments made by the board of
supervisors of the approved county. At a minimum, the county offices
to be filled by election shall be those which by law, are required to
be filled by election.
(i) That the boundaries of the proposed county do not create a
territory completely surrounded by any affected county.
(j) The location of the county seat of the proposed county.
(k) The appropriations limit for the proposed county in accordance
with Section 4 of Article XIII B of the California Constitution.
The commission shall not be required to make any other
determinations.

23333. In determining the fiscal impact of the creation of the
proposed county on the affected county or counties and the economic
viability of the proposed county, the commission shall consider:
(a) The cost of providing services in the proposed county and in
each affected county.
(b) Projected revenues available to the proposed county and each
affected county.

23334. Except as otherwise provided in this article, the commission
may, in determining a fair, just and equitable distribution of the
indebtedness of each affected county, as between each affected county
and the proposed county, provide for one or more of the following:
(a) The payment of a fixed or determinable amount of money by the
proposed county either as a lump sum or in installments, for the
acquisition, transfer, use or right of use of any part of the
property, real or personal, owned by an affected county at the time a
petition was filed pursuant to Section 23325.
(b) The levying or fixing and the collection in the proposed
county of (1) special, extraordinary or additional taxes or
assessments, or (2) special, extraordinary or additional service
charges, rentals or rates, or (3) both; or the issuance and sale of
bonds for purposes of providing for any payment required pursuant to
subdivision (a) of this section.
(c) The imposition, exemption, transfer, division or
apportionment, as between any affected county and the proposed
county, of liability for payment of all or any part of principal,
interest or any other amounts which shall become due on account of
all or any part of any bonds, including revenue bonds, of an affected
county which are outstanding or authorized, at the time a petition
is filed pursuant to Section 23325, or other contracts or obligations
of an affected county; and the levying or fixing and the collection
in the proposed county of any (1) taxes or assessments, or (2)
service charges, rentals or rates, or, (3) both, as may be necessary
to provide for such payment.
In making its determinations, the commission shall ascertain the
current indebtedness of each affected county. It shall also ascertain
(a) the total assessed value of all property located in each
affected county; and (b) the assessed value of the territory of the
proposed county. The assessed values used by the commission shall be
those shown on the last equalized assessment roll of each affected
county.
The commission shall also identify and determine the location and
value of all real and personal property owned by each county and
located within the boundaries of the proposed county. Any real and
personal property identified by the commission pursuant to this
section shall become property of the proposed county, should it be
established as provided in this chapter, upon settlement of the
indebtedness in the manner specified by the commission.
(d) For purposes of this section, the unfunded liability of a
county retirement system shall be deemed an indebtedness.

23335. Within 10 days after notice and acceptance of their
appointment, the members of the commission shall meet at the
principal administrative office of the principal county and organize
by electing from their number a chairman. They shall also appoint a
secretary who shall not be a member of the commission. Thereafter the
members of the commission may meet at such times and places as they
select.
A majority of the commissioners shall constitute a quorum for
purposes of transacting business and making the "determinations"
required pursuant to this article.

23336. The commission shall hear any protests and objections to and
any support for the creation of the proposed county. Notices of the
hearing shall be given pursuant to Section 6061 in a newspaper of
general circulation published in each affected county. In addition,
the board shall cause mailed notice of the hearing to be given to
each of the chief petitioners, if any, at least two weeks prior to
the date of hearing.

23337. On the date and at the time fixed for hearing, the
commission shall hear all protests and objections to and all support
for the creation of the proposed county, and may grant or deny any
requests for exclusion from, or inclusion in, the proposed county
filed pursuant to Sections 23337.5 and 23338. The hearing may be
continued from time to time during the course of the commission's
determinations.

23337.5. At any time prior to the final hearing on the creation of
the new county, any owner of real property contiguous to the boundary
line of the proposed county may make a written request, filed with
the commission, for exclusion of such person's property from, or
inclusion of such person's property in, the proposed county. Such a
request shall contain sufficient information to identify the property
for which the exclusion or inclusion is sought.

23338. Written requests for exclusion from, or inclusion in, the
proposed county of any territory contiguous to the boundary of the
proposed county may be filed with the commission by any registered
elector of the territory. Such a request shall contain sufficient
information to identify the territory for which the exclusion or
inclusion is sought.

23339. By citation or subpoena signed by its chairman and
secretary, the commission may compel the attendance of such persons
and the production of such books, papers and other documents before
it as it deems necessary for the performance of its duties.

23340. All officers and employees of any state agency, board, or
commission and any affected county shall cooperate with, perform any
functions required by, and produce any books, records or other
documents requested by the commission and necessary for the
performance of the commission's functions.

23340.5. Anything in a county or city and county charter to the
contrary notwithstanding, the commission, in lieu of using the county
counsel of the affected county, may appoint a counsel and fix and
order paid such counsel's compensation to provide legal assistance to
the commission in the performance of any functions requested by the
commission and necessary for the performance of its duties.

23341. The commission shall adopt a resolution making its
determination and transmit its report in writing to the board of
supervisors of each affected county, within 180 days of the date of
notice and acceptance by the last appointed member and shall be
signed and attested to by all the members of the commission. The
commission may be granted up to 180 additional days to comply with
the provisions of this section, upon a majority vote of the
commission and the approval of the Governor.

23342. The determinations of the commission shall become the terms
and conditions for creation of the proposed county. Further, the
commission may impose additional terms and conditions as it deems
necessary to ensure an efficient and effective transition. All terms
and conditions shall be final and binding in each affected county and
the proposed county should the proposed county be legally
established as provided in this chapter.

23343. Members of the commission shall receive as compensation a
per diem not to exceed fifty dollars ($50) a day for every day they
are actually employed together with their actual expenses incurred in
performing their duties. If the proposed county is created, all
expenses of the commission, together with the reasonable costs of
stationery, postage, and incidental expenses shall be borne by the
new county, or, if the proposed county is not created, by each
affected county, in equal shares.

23344. (a) The commission may borrow those moneys as may be
necessary to meet its expenses until the costs of the commission have
been determined pursuant to Section 23343.
(b) As an alternative to the procedure authorized by subdivision
(a), the Controller, upon appropriation by the Legislature from the
General Fund, shall loan those moneys as the commission shall
determine necessary to meet its expenses until the costs have been
determined pursuant to Section 23343. The loan shall be at an
interest rate equal to that of the Pooled Money Investment Fund at
the time the loan is made.
(c) Loans made pursuant to this section may not exceed a total of
four hundred thousand dollars ($400,000) for each commission, and
shall be repaid within one year of the date on which the issue of
county formation was voted on by the people.
(d) Any repayments on loans made pursuant to this section,
including interest, received by the Controller shall be deposited in
the General Fund.
(e) If the loans made pursuant to this section are not repaid, the
Controller is authorized to reduce the moneys allocated to the
county to which the loan was made by an amount equal to the amount
that is owed to the state. This reduction shall be made from the
subventions made pursuant to Sections 16100 and 16120.