Assembly Panel Buries Cityhood Reform Measure

Controversial legislation that would make it easier to incorporate cities in fast-growing areas of the state was effectively killed Wednesday in the Assembly Local Government Committee.

The panel sent the measure by state Sen. Ed Davis (R-Valencia) to “interim study”--a procedural move that all but assures the measure is dead for this legislative session.

The bill would have overhauled state law governing Local Agency Formation Commissions to give advocates of cityhood a greater voice in decision-making about incorporation of new communities.

Although the bill passed the Senate last week, it ran head-on into opposition from the County Supervisors Assn. of California and the Building Industry Assn. Newly incorporated cities often place strict limits on development. In most cases, local desire for those limits provides the impetus for the incorporation effort.

Davis Vows New Fight

Davis, whose Senate district has been the scene of recent incorporation battles, vowed to be back next year with new legislation to overhaul LAFCOs. “I’ll plop it right back into the hopper after I’m reelected Nov. 8,” he said.

He said the committee’s action was “not a defeat but a temporary slowing down of the bill,” and predicted that the issue will receive “a full and fair hearing” once the fall election campaigns are over.

Davis’ legislation would have changed the law that has governed incorporation of new cities for 25 years. It would have required LAFCOs to hire an independent consultant, acceptable to both the commission and incorporation advocates, to prepare an outside study on the feasibility of forming a city. At present, the LAFCO executive officer prepares the report and makes recommendations on incorporation.

Under terms of the bill, the outside study would examine services to be provided by the new city, and analyze potential tax revenue, boundaries and the financial impact of cityhood on county government.

The bill also would have changed the makeup of LAFCOs and limited the ability of the commission to narrow the boundaries of a new city.

Davis introduced the measure after recent experiences in Santa Clarita, Agoura Hills and Calabasas. Los Angeles County’s LAFCO halved the 95-square-mile city sought by advocates of incorporation in Santa Clarita and removed large areas from the proposed boundaries of Agoura Hills and Calabasas.

Restrictions Imposed

The measure would have restricted the ability of landowners and developers to oppose inclusion within a city’s proposed boundaries. And it would have limited consideration of the fiscal concerns in determining what developed and undeveloped land would be included within the new city.

Davis credited “a beautiful job of lobbying on the part of the LAFCO organizations” with killing the measure.

Lobbyist Victor Pottoroff said the County Supervisors Assn. opposed the bill because it would erode county influence in incorporation decisions.

‘Not a Fair Step’

Pottoroff expressed particular concern that the report of an outside consultant would have equal standing with LAFCO and could be used in court by cityhood advocates. “It’s not a fair step to bring in an outside consultant,” he said.

He said counties also have major reservations about provisions of the bill minimizing consideration of the fiscal impact of cityhood on county finances.

“We had major problems with the fiscal policy and the independent consultant,” he said.

The Assembly committee also sent a LAFCO reform measure by state Sen. Marian Bergeson (R-Newport Beach) to interim study.