BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1138|
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THIRD READING
Bill No: AB 1138
Author: Pescetti (R), et al
Amended: 6/25/02 in Senate
Vote: 27 - Urgency
SENATE LOCAL GOVERNMENT COMMITTEE : 6-0, 6/19/02
AYES: Torlakson, Ackerman, Machado, Margett, Perata, Soto
ASSEMBLY FLOOR : Not relevant
SUBJECT : Rancho Cordova incorporation
SOURCE : Author
DIGEST : This bill revises the deadline to close the
protest hearing on the proposed Rancho Cordova
incorporation to August 19, 2002; and extends from 88 days
to 78 days before the next regular election date the
deadline for calling the election on the proposed Rancho
Cordova incorporation. This bill makes findings as to why
a special law is necessary.
ANALYSIS : Successful city incorporations require five
steps:
1.Filing an application with the local agency formation
commission (LAFCO).
2.LAFCO review and approval.
3.A protest hearing by the "conducting authority."
CONTINUED
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4.An election.
5.Filing formal documents.
If the LAFCO approves a proposed incorporation, the
conducting authority must hold a noticed public hearing to
measure any protests. The conducting authority can
continue this protest hearing for up to 60 days. If a
majority of the registered voters within the proposed new
city file written protests, the conducting authority must
terminate the proceedings. If there is no majority
protest, the conducting authority must adopt a formal
resolution, calling an election on the question of
cityhood. The election occurs on the next regular election
date that is at least 88 days after the conducting
authority adopts its resolution.
Before 2001, a county board of supervisors was the
"conducting authority" for city incorporation proposals.
As part of a major overhaul of boundary laws, the LAFCO is
now the conducting authority (AB 2838, Hertzberg, 2000).
Boundary change proposals filed before January 1, 2001
still follow the prior law.
In late 1999, community leaders filed their application to
incorporate Rancho Cordova with the Sacramento LAFCO. The
Sacramento LAFCO approved the proposed Rancho Cordova
incorporation on May 22, 2002. As the conducting
authority, the Sacramento County Board of Supervisors will
open the protest hearing on July 16. The deadline to place
items on the November 5, 2002 ballot is August 9. State
law allows the county supervisors to continue their hearing
for up to 60 days, until September 16. If the county
supervisors take that long, they can postpone the Rancho
Cordova incorporation election until 2004.
This bill sets August 19, 2002 as the deadline to close the
protest hearing on the proposed Rancho Cordova
incorporation. This bill extends the deadline for calling
the election on the proposed Rancho Cordova incorporation
from 88 days to 78 days before the next regular election
date.
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This bill states that the Legislature finds and declares
that a special law is necessary because of the unique
circumstances faced by the unincorporated community of
Rancho Cordova in the County of Sacramento, and the facts
constituting the special circumstances are:
The proposal to incorporate Rancho Cordova was filed
before January 1, 2001, the effective date of Chapter 761
of the Statutes of 2000, the measure that revised
deadlines for processing of incorporation proposals.
Pursuant to the Government Code, the Rancho Cordova
incorporation proposal is being continued under and
processed in accordance with provisions of the law that
existed before January 1, 2001. If local officials use
all of the time provided to them by the provisions of law
that existed before January 1, 2001, the proposal to
incorporate Rancho Cordova would not qualify for the
November 5, 2002, general election ballot. Accordingly,
a special act that applies different deadlines only to
the proposal to incorporate Rancho Cordova is necessary.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ARGUMENTS IN SUPPORT : According to Senate Local
Government analysis, achieving cityhood requires
synchronizing complicated statutes with community politics.
Some incorporations take two or three attempts before they
succeed. Past resistance by the Sacramento County Board of
Supervisors make the cityhood advocates worry that the
county supervisors may take advantage of the state law and
use the full 60 days for the protest hearing. That delay
would keep Rancho Cordova off the November ballot and push
the election out to 2004. Although completely legal, that
delay could dissipate the incorporation drive's political
momentum. By shortening the deadlines for the protest
hearing and for calling the election, this bill keeps the
Rancho Cordova incorporation on track.
LB:sl 6/25/02 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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