SECTIONS 56885-56890 - California Statutes

GOVERNMENT CODE

SECTION 56885-56890

56885. The commission may, at any time, authorize any legislative
body holding a hearing pursuant to this division, to continue the
hearing to a date or dates extending beyond the dates specified in
this division.

56885.5. (a) In any commission order giving approval to any change
of organization or reorganization, the commission may make that
approval conditional upon any of the following factors:
(1) Any of the conditions set forth in Section 56886.
(2) The initiation, conduct, or completion of proceedings for
another change of organization or a reorganization.
(3) The approval or disapproval, with or without election, as may
be provided by this division, of any resolution or ordinance ordering
that change of organization or reorganization.
(4) With respect to any commission determination to approve the
disincorporation of a city, the dissolution of a district, or the
reorganization or consolidation of agencies which results in the
dissolution of one or more districts or the disincorporation of one
or more cities, a condition prohibiting an agency being dissolved
from taking any of the following actions, unless it first finds that
an emergency situation exists as defined in Section 54956.5:
(A) Approving any increase in compensation or benefits for members
of the governing board, its officers, or the executive officer of
the agency.
(B) Appropriating, encumbering, expending, or otherwise
obligating, any revenue of the agency beyond that provided in the
current budget at the time the dissolution is approved by the
commission.
(b) If the commission so conditions its approval, the commission
may order that any further action pursuant to this division be
continued and held in abeyance for the period of time designated by
the commission, not to exceed six months from the date of that
conditional approval.
(c) The commission order may also provide that any election called
upon any change of organization or reorganization shall be called,
held, and conducted before, upon the same date as, or after the date
of any election to be called, held, and conducted upon any other
change of organization or reorganization.
(d) The commission order may also provide that in any election at
which the questions of annexation and district reorganization or
incorporation and district reorganization are to be considered at the
same time, there shall be a single question appearing on the ballot
upon the issues of annexation and district reorganization or
incorporation and district reorganization.

56886. Any change of organization or reorganization may provide
for, or be made subject to one or more of, the following terms and
conditions. If a change of organization or reorganization is made
subject to one or more of the following terms and conditions in the
commission's resolution making determinations, the terms and
conditions imposed shall constitute the exclusive terms and
conditions for the change of organization or reorganization,
notwithstanding the general provisions of Part 5 (commencing with
Section 57300). However, none of the following terms and conditions
shall directly regulate land use, property development, or
subdivision requirements:
(a) The payment of a fixed or determinable amount of money, either
as a lump sum or in installments, for the acquisition, transfer, use
or right of use of all or any part of the existing property, real or
personal, of any city, county, or district.
(b) The levying or fixing and the collection of any of the
following, for the purpose of providing for any payment required
pursuant to subdivision (a):
(1) Special, extraordinary, or additional taxes or assessments.
(2) Special, extraordinary, or additional service charges,
rentals, or rates.
(3) Both taxes or assessments and service charges, rentals, or
rates.
(c) The imposition, exemption, transfer, division, or
apportionment, as among any affected cities, affected counties,
affected districts, and affected territory of liability for payment
of all or any part of principal, interest, and any other amounts
which shall become due on account of all or any part of any
outstanding or then authorized but thereafter issued bonds, including
revenue bonds, or other contracts or obligations of any city,
county, district, or any improvement district within a local agency,
and the levying or fixing and the collection of any (1) taxes or
assessments, or (2) service charges, rentals, or rates, or (3) both
taxes or assessments and service charges, rentals, or rates, in the
same manner as provided in the original authorization of the bonds
and in the amount necessary to provide for that payment.
(d) If, as a result of any term or condition made pursuant to
subdivision (c), the liability of any affected city, affected county,
or affected district for payment of the principal of any bonded
indebtedness is increased or decreased, the term and condition may
specify the amount, if any, of that increase or decrease which shall
be included in, or excluded from, the outstanding bonded indebtedness
of that entity for the purpose of the application of any statute or
charter provision imposing a limitation upon the principal amount of
outstanding bonded indebtedness of the entity.
(e) The formation of a new improvement district or districts or
the annexation or detachment of territory to, or from, any existing
improvement district or districts.
(f) The incurring of new indebtedness or liability by, or on
behalf of, all or any part of any local agency, including territory
being annexed to any local agency, or of any existing or proposed new
improvement district within that local agency. The new indebtedness
may be the obligation solely of territory to be annexed if the local
agency has the authority to establish zones for incurring
indebtedness. The indebtedness or liability shall be incurred
substantially in accordance with the laws otherwise applicable to the
local agency.
(g) The issuance and sale of any bonds, including authorized but
unissued bonds of a local agency, either by that local agency or by a
local agency designated as the successor to any local agency which
is extinguished as a result of any change of organization or
reorganization.
(h) The acquisition, improvement, disposition, sale, transfer, or
division of any property, real or personal.
(i) The disposition, transfer, or division of any moneys or funds,
including cash on hand and moneys due but uncollected, and any other
obligations.
(j) The fixing and establishment of priorities of use, or right of
use, of water, or capacity rights in any public improvements or
facilities or any other property, real or personal. However, none of
the terms and conditions ordered pursuant to this subdivision shall
modify priorities of use, or right of use, to water, or capacity
rights in any public improvements or facilities that have been fixed
and established by a court or an order of the State Water Resources
Control Board.
(k) The establishment, continuation, or termination of any office,
department, or board, or the transfer, combining, consolidation, or
separation of any offices, departments, or boards, or any of the
functions of those offices, departments, or boards, if, and to the
extent that, any of those matters is authorized by the principal act.
(l) The employment, transfer, or discharge of employees, the
continuation, modification, or termination of existing employment
contracts, civil service rights, seniority rights, retirement rights,
and other employee benefits and rights.
(m) The designation of a city, county, or district, as the
successor to any local agency that is extinguished as a result of any
change of organization or reorganization, for the purpose of
succeeding to all of the rights, duties, and obligations of the
extinguished local agency with respect to enforcement, performance,
or payment of any outstanding bonds, including revenue bonds, or
other contracts and obligations of the extinguished local agency.
(n) The designation of (1) the method for the selection of members
of the legislative body of a district or (2) the number of those
members, or (3) both, where the proceedings are for a consolidation,
or a reorganization providing for a consolidation or formation of a
new district and the principal act provides for alternative methods
of that selection or for varying numbers of those members, or both.
(o) The initiation, conduct, or completion of proceedings on a
proposal made under, and pursuant to, this division.
(p) The fixing of the effective date or dates of any change of
organization, subject to the limitations of Section 57202.
(q) Any terms and conditions authorized or required by the
principal act with respect to any change of organization.
(r) The continuation or provision of any service provided at that
time, or previously authorized to be provided by an official act of
the local agency.
(s) The levying of assessments, including the imposition of a fee
pursuant to Section 50029 or 66484.3 or the approval by the voters of
general or special taxes. For the purposes of this section,
imposition of a fee as a condition of the issuance of a building
permit does not constitute direct regulation of land use, property
development, or subdivision requirements.
(t) The extension or continuation of any previously authorized
charge, fee, assessment, or tax by the local agency or a successor
local agency in the affected territory.
(u) The transfer of authority and responsibility among any
affected cities, affected counties, and affected districts for the
administration of special tax and special assessment districts,
including, but not limited to, the levying and collecting of special
taxes and special assessments, including the determination of the
annual special tax rate within authorized limits; the management of
redemption, reserve, special reserve, and construction funds; the
issuance of bonds which are authorized but not yet issued at the time
of the transfer, including not yet issued portions or phases of
bonds which are authorized; supervision of construction paid for with
bond or special tax or assessment proceeds; administration of
agreements to acquire public facilities and reimburse advances made
to the district; and all other rights and responsibilities with
respect to the levies, bonds, funds, and use of proceeds that would
have applied to the local agency that created the special tax or
special assessment district.
(v) Any other matters necessary or incidental to any of the terms
and conditions specified in this section. If a change of
organization, reorganization, or special reorganization provides for,
or is made subject to one or more of, the terms and conditions
specified in this section, those terms and conditions shall be deemed
to be the exclusive terms and conditions for the change of
organization, reorganization, or special reorganization, and shall
control over any general provisions of Part 5 (commencing with
Section 57300).

56886.1. When applicable, the terms and conditions of any change of
organization or reorganization shall provide public utilities, as
defined in Section 216 of the Public Utilities Code, 90 days
following the recording of the certificate of completion to make the
necessary changes to impacted utility customer accounts.

56886.3. If the terms and conditions of any change of organization
provide for the formation of a new improvement district, or the
annexation or detachment of territory to, or from, an existing
improvement district, the commission shall do all of the following:
(a) Exclude any lands proposed to be formed into, or to be annexed
to, the improvement district which the commission finds will not be
benefited by becoming a part of the improvement district.
(b) Exclude any lands proposed to be detached from an improvement
district which the commission finds will be benefited by remaining a
part of the improvement district.

56886.5. (a) If a proposal includes the formation of a district or
the incorporation of a city, the commission shall determine whether
existing agencies can feasibly provide the needed service or services
in a more efficient and accountable manner. If a new single-purpose
local agency is deemed necessary, the commission shall consider
reorganization with other single-purpose local agencies that provide
related services.
(b) If a proposal includes the consolidation of two or more
special districts not formed pursuant to the same principal act, the
commission shall determine whether any service provided at that time
could be discontinued due to a lack of authority under the principal
act of the successor. If a new single-purpose local agency is deemed
necessary to provide the needed service or services, the commission
shall consider the formation of a new district that is authorized to
provide the service or services.

56887. Any change of organization or reorganization may be
conditionally approved by a local agency formation commission subject
to the certification by the California Coastal Commission of an
amendment to the local coastal program of a city or a county.

56887.5. If any change of organization or reorganization pertains
to city or district territory which is located, in whole or in part,
within the boundaries of any city or county, any terms and conditions
authorized by Section 56886 may be made applicable to that city or
county. However, no indebtedness or liability which is subject to the
requirement of an election, under the provisions of Section 18 of
Article XVI of the California Constitution, shall be incurred or
assumed by any city or county, except as provided in Section 18 of
Article XVI of the California Constitution.

56889. If any commission order approving or conditionally approving
a change of organization or reorganization would result in the
annexation to a city of land that is subject to a contract executed
pursuant to the Williamson Act (Chapter 7 (commencing with Section
51200) of Division 1), for which the commission has determined
pursuant to Section 56754 that the city shall succeed to the
contract, the commission shall impose a condition that requires the
city to adopt the rules and procedures required by the Williamson
Act, including but not limited to the rules and procedures required
by Sections 51231, 51237, and 51237.5.

56890. Any of the terms and conditions authorized by Section 56886
may be made applicable to all or any part of any city or district or
any improvement district within that local agency or any territory
annexed to, or detached from, any city or district or improvement
district within that local agency.