2009 California Government Code - Section 57075-57090 :: Chapter 4. Resolution Of Conducting Authority

57075.  In the case of registered voter districts or cities, where a
change of organization or reorganization consists solely of
annexations, detachments, the exercise of new or different functions
or class of services or the divestiture of the power to provide
particular functions or class of services within all or part of the
jurisdictional boundaries of a special district, or any combination
of those proposals, the commission, not more than 30 days after the
conclusion of the hearing, shall make a finding regarding the value
of written protests filed and not withdrawn, and take one of the
following actions, except as provided in subdivision (b) of Section
57002:
   (a) In the case of inhabited territory, take one of the following
actions:
   (1) Terminate proceedings if a majority protest exists in
accordance with Section 57078.
   (2) Order the change of organization or reorganization subject to
confirmation by the registered voters residing within the affected
territory if written protests have been filed and not withdrawn by
either of the following:
   (A) At least 25 percent, but less than 50 percent, of the
registered voters residing in the affected territory.
   (B) At least 25 percent of the number of owners of land who also
own at least 25 percent of the assessed value of land within the
affected territory.
   (3) Order the change of organization or reorganization without an
election if written protests have been filed and not withdrawn by
less than 25 percent of the registered voters or less than 25 percent
of the number of owners of land owning less than 25 percent of the
assessed value of land within the affected territory.
   (b) In the case of uninhabited territory, take either of the
following actions:
   (1) Terminate proceedings if a majority protest exists in
accordance with Section 57078.
   (2) Order the change of organization or reorganization if written
protests have been filed and not withdrawn by owners of land who own
less than 50 percent of the total assessed value of land within the
affected territory.

57075.5.  Notwithstanding Section 57075, if territory proposed to be
annexed to a city with more than 100,000 residents is inhabited and
is located in a county with a population of over 4,000,000, the
commission, not more than 30 days after conclusion of the hearing,
shall make a finding regarding the value of written protests filed
and not withdrawn and shall take one of the following actions:
   (a) Terminate proceedings if written protests have been filed and
not withdrawn by 50 percent or more of the registered voters within
the affected territory.
   (b) Order the territory annexed subject to the confirmation by the
voters on the question, and call a special election and submit to
the voters residing within the affected territory the question of
whether it shall be annexed to the city, if written protests have
been filed and not withdrawn by either 15 percent or more of the
registered voters within the territory, or 15 percent or more of the
number of owners of land who also own not less than 15 percent of the
total assessed value of land within the territory.
   (c) Order the territory annexed without an election if written
protests have been filed and not withdrawn by less than 15 percent of
the registered voters within the territory and less than 15 percent
of the owners of land who own less than 15 percent of the total
assessed value of land within the territory.

57076.  In the case of landowner-voter districts, where a change of
organization or reorganization consists solely of annexations or
detachments, the exercise of new or different functions or class of
services or the divestiture of the power to provide particular
functions or class of services within all or part of the
jurisdictional boundaries of a special district, or any combination
of those proposals, the commission, not more than 30 days after the
conclusion of the hearing, shall make a finding regarding the value
of written protests filed and not withdrawn, and take one of the
following actions, except as provided in subdivision (b) of Section
57002:
   (a) Terminate proceedings if a majority protest exists in
accordance with Section 57078.
   (b) Order the change of organization or reorganization subject to
an election within the affected territory if written protests that
have been filed and not withdrawn represent either of the following:
   (1) Twenty-five percent or more of the number of owners of land
who also own 25 percent or more of the assessed value of land within
the territory.
   (2) Twenty-five percent or more of the voting power of landowner
voters entitled to vote as a result of owning property within the
territory.
   (c) Order the change of organization or reorganization without an
election if written protests have been filed and not withdrawn by
less than 25 percent of the number of owners of land who own less
than 25 percent of the assessed value of land within the affected
territory.

57077.  (a) Where a change of organization consists of a
dissolution, disincorporation, incorporation, establishment of a
subsidiary district, consolidation, or merger, the commission shall
do either of the following:
   (1) Order the change of organization subject to confirmation of
the voters, or in the case of a landowner-voter district, subject to
confirmation by the landowners, unless otherwise stated in the
formation provisions of the enabling statute of the district or
otherwise authorized pursuant to Section 56854.
   (2) Order the change of organization without election if it is a
change of organization that meets the requirements of Section 56854,
57081, 57102, or 57107; otherwise, the commission shall take the
action specified in paragraph (1).
   (b) Where a reorganization consists of one or more dissolutions,
incorporations, formations, disincorporations, mergers,
establishments of subsidiary districts, consolidations, or any
combination of those proposals, the commission shall do either of the
following:
   (1) Order the reorganization subject to confirmation of the
voters, or in the case of landowner-voter districts, subject to
confirmation by the landowners, unless otherwise authorized pursuant
to Section 56854.
   (2) Order the reorganization without election if it is a
reorganization that meets the requirements of Section 56854, 57081,
57102, 57107, or 57111; otherwise, the commission shall take the
action specified in paragraph (1).

57078.  In the case of any reorganization or change of organization,
a majority protest shall be deemed to exist and the proposed change
of organization or reorganization shall be abandoned if the
commission finds that written protests filed and not withdrawn prior
to the conclusion of the hearing represent any of the following:
   (a) In the case of uninhabited territory, landowners owning 50
percent or more of the assessed value of the land within the
territory.
   (b) In the case of inhabited territory, 50 percent or more of the
voters residing in the territory.
   (c) In the case of a landowner-voter district, 50 percent or more
of the voting power of the voters entitled to vote as a result of
owning land within the district.

57078.5.  If the affected territory with respect to a proposed
annexation to a city consists of (a) territories that are not
contiguous to one another and (b) two or more distinct communities,
as defined in the county general plan, the census unincorporated
places listing, or other commonly recognized community designation,
as determined by the commission, and any one community has more than
250 registered voters, any protest filed pursuant to Section 57078
shall be accounted separately for that community, unless the
annexation is proposed pursuant to Section 56375.3.

57080.  (a) With respect to a proceeding initiated on or after
January 1, 2014, when approved and authorized by the commission
pursuant to Section 56375.3, Sections 57050, 57051, 57052, and 57078,
shall apply and Section 57075 shall not apply.
   (b) The commission, not more than 30 days after conclusion of the
hearing, shall make a finding regarding the value of written protests
filed and not withdrawn and shall do either of the following:
   (1) Terminate proceedings if written protests have been filed and
not withdrawn by 50 percent or more of the registered voters within
the affected territory.
   (2) Order the territory annexed without an election.

57081.  (a) If authorized by the commission pursuant to Section
56853, the protest proceedings shall be conducted for the
consolidation of districts or the reorganization of all or any part
of those districts into a single local agency pursuant to this
section. The commission shall hold at least one noticed public
hearing on the proposal within 30 days after approval of the
application by the commission. After the conclusion of the hearing,
the commission shall order the consolidation or reorganization
without an election, except as otherwise provided in subdivision (b).
   (b) An election shall only be held if the commission finds either
of the following:
   (1) In the case of inhabited territory, that a petition requesting
that the proposal be submitted to confirmation by the voters has
been signed by either of the following:
   (A) At least 25 percent of the number of landowners within the
territory subject to the consolidation or reorganization who own at
least 25 percent of the assessed value of land within the territory.
   (B) At least 25 percent of the voters entitled to vote as a result
of residing within, or owning land within, the territory.
   (2) In the case of a landowner-voter district, that the territory
is uninhabited and a petition requesting that the proposal be
submitted to confirmation by the voters has been signed by at least
25 percent of the number of landowners within the territory subject
to the consolidation or reorganization, owning at least 25 percent of
the assessed value of land within the territory.
   (c) The petition shall be filed with the commission prior to the
conclusion of the protest hearing.

57087.3.  The merger of a subsidiary district with a city, of which
the city council is also the governing board of that subsidiary
district, shall not be subject to Sections 99 and 99.01 of the
Revenue and Taxation Code if the city council adopts a resolution
that states that the city shall do all of the following:
   (a) Continue providing the services of the subsidiary district at
the same level to those areas outside the city's boundaries, but
within the territory of the subsidiary district, as the services
provided for territory within the city limits.
   (b) Assume all assets of the subsidiary district.
   (c) Assume all liabilities of the subsidiary district.
   (d) Assume all ad valorem taxes, other accounts receivable, and
other revenues of the subsidiary district.

57090.  (a) Except as otherwise provided in subdivision (b), if
proceedings are terminated, either by majority protest as provided in
Sections 57075, 57076, and 57077, or if a majority of voters do not
confirm the change of organization or reorganization as provided in
Section 57179, no substantially similar proposal for a change of
organization or reorganization of the same or substantially the same
territory may be filed with the commission within two years after the
date of adoption of the certificate of termination adopted by the
commission if the proposal included an incorporation or city
consolidation and within one year for any other change of
organization or reorganization.
   (b) The commission may waive the requirements of subdivision (a)
if it finds these requirements are detrimental to the public
interest.