CHAPTER 5. Resolution for Order Subject to Election [57100. - 57120.]

Cal. Government Code - GOV 5.

in effect

Cal. Government Code - GOV § 57100. Section 57100.

Any commission resolution ordering a change of organization or a reorganization shall contain all of the following: (a) A statement that the action is being taken pursuant to this division. (b) A statement of the type of change of organization or reorganization being acted on. (c) A description of the exterior boundaries of the territory for each change of organization or reorganization approved by the commission. (d) The name or names of any new or consolidated city or district. (e) All of the terms and conditions upon the change of organization or reorganization approved by the commission. (f) The reasons for the change of organization or reorganization. (g) A statement as to whether the regular county assessment roll or another assessment roll will be utilized. (h) A statement that the affected territory will or will not be taxed for existing general bonded indebtedness of any agency whose boundaries are changed. (i) Any other matters that the commission deems material.

Cal. Government Code - GOV § 57101. Section 57101.

With respect to any proceeding that 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 may exercise its option to not succeed to the contract, the commission shall include within its resolution ordering the annexation of the territory a finding regarding whether the city intends to not succeed to the contract.

Cal. Government Code - GOV § 57102. Section 57102.

(a) In any resolution ordering a dissolution, the commission shall make findings upon one or more of the following matters: (1) That the corporate powers have not been used, as specified in Section 56871, and that there is a reasonable probability that those powers will not be used in the future. (2) That the district is a registered-voter district and is uninhabited. (3) That the board of directors of the district has, by unanimous resolution, consented to the dissolution of the district. (4) That the commission has authorized, pursuant to subdivision (a) of Section 57077.1, the dissolution of the district without an election. (b) If the commission makes any of the findings specified in subdivision (a), the commission may, except as otherwise provided in Section 57103, order the dissolution of the district without election.

Cal. Government Code - GOV § 57103. Section 57103.

Any order in any resolution adopted by the commission on or after January 1, 1986, ordering the dissolution of a local hospital district, organized pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code, is subject to confirmation by the voters unless dissolution of the local hospital district meets the requirements set forth in subdivision (c) of Section 57077.1.

Cal. Government Code - GOV § 57104. Section 57104.

Any order of merger may be adopted for a district, including any district previously established as a subsidiary district, if the entire territory of the district is included within the boundaries of a city upon the date of the order.

Cal. Government Code - GOV § 57105. Section 57105.

An order establishing a district as a subsidiary district may be adopted if upon the date of that order the commission determines that either of the following situations exists: (a) The entire territory of the district is included within the boundaries of a city. (b) A portion or portions of the territory of the district are included within the boundaries of a city and that portion or portions meet both of the following requirements: (1) Represent 70 percent or more of the area of land within the district, as determined by reference to the statements and the maps or plats filed pursuant to Chapter 8 (commencing with Section 54900) of Division 2 of Title 5 for the current fiscal year. (2) Contain 70 percent or more of the number of registered voters who reside within the district as shown on the voters’ register in the office of the county clerk or registrar of voters.

Cal. Government Code - GOV § 57106. Section 57106.

For the purposes of Sections 57104 and 57105, the boundaries shall be determined as of the date of adoption of the order of the commission. Any then pending but uncompleted proceedings for changes in the boundaries of the city or district shall be disregarded.

Cal. Government Code - GOV § 57108. Section 57108.

At any time prior to the conclusion of the protest hearing by the commission ordering the district to be merged with or established as a subsidiary district of a city, a petition may be filed with the executive officer referring, by date of adoption, to the commission’s resolution making determinations and requesting that any election upon that question be called, held, and conducted only within that district. Any petition so filed shall be immediately examined and certified by the executive officer by the same method and in the same manner as provided in Sections 56707 to 56711, inclusive, for the examination of petitions by the executive officer. The commission shall forward the proposal to the affected city, and the affected city shall call, hold, and conduct any election upon the question of a merger or the establishment of a subsidiary district only within the district to be merged or established as a subsidiary district, if the executive officer certifies that any petition so filed was signed by either of the following: (a) In the case of a registered voter district, by not less than 10 percent of the registered voters of the district. (b) In the case of a landowner-voter district, by not less than 10 percent of the number of landowner-voters within the district who also own not less than 10 percent of the assessed value of land within the district.

Cal. Government Code - GOV § 57109. Section 57109.

At any time prior to the completion of the protest hearing by the commission and the adoption of a resolution ordering a reorganization that includes an incorporation and the establishment of a subsidiary district or a merger, a petition may be filed with the executive officer referring, by date of adoption, to the commission’s resolution making determinations and requesting that a separate election be called, held, and conducted only within that district on the establishment of the subsidiary district or the merger. That election shall be conducted at the same time as the election on the incorporation. Any petition so filed shall be immediately examined and certified by the executive officer by the same method and in the same manner as provided in Sections 56707 to 56711, inclusive, for the examination of petitions by the executive officer. The commission shall forward the proposal to the principal county and the principal county shall call, hold, and conduct any election upon the question of a merger or the establishment of a subsidiary district only within the district to be merged or established as a subsidiary district, if the executive officer certifies that any petition so filed was signed by either of the following: (a) In the case of a registered voter district, by not less than 10 percent of the registered voters of the district. (b) In the case of a landowner-voter district, by not less than 10 percent of the number of landowner-voters within the district who also own not less than 10 percent of the assessed value of land within the district.

Cal. Government Code - GOV § 57110. Section 57110.

In any resolution approving, subject to the confirmation of the voters, both an original and an alternative proposal as determined by the commission pursuant to paragraph (2) of subdivision (a) of Section 56863, the ballot at the election shall enable those voting to do one of the following: (a) Disapprove both proposals. (b) Approve either the original proposal or the alternative proposal. The board of supervisors shall adopt a resolution confirming the proposal which was favored by a majority of votes cast at the election. Where both proposals were favored by a majority of the votes cast, the board of supervisors shall adopt a resolution confirming the proposal which received the greater number of votes.

Cal. Government Code - GOV § 57111. Section 57111.

In any reorganization proceeding where the component changes of organization would not individually require a confirmation election, no confirmation election shall be required to approve the reorganization.

Cal. Government Code - GOV § 57112. Section 57112.

(a) Except as otherwise provided in subdivision (b), if proceedings are terminated by failure of a majority of voters to confirm a resolution ordering merger or establishment of a subsidiary district, no new proposal for a merger or establishment of a subsidiary district involving the same district may be filed with the commission within two years of the date of the certification adopted by the commission, pursuant to Section 57179. (b) The commission may waive the requirements of subdivision (a) if it finds these requirements are detrimental to the public interest.

Cal. Government Code - GOV § 57115. Section 57115.

Any resolution of the commission forwarding a change of organization or a reorganization for confirmation by the voters shall, in addition to any applicable requirements contained in Sections 57100 to 57111, inclusive, do all of the following: (a) Designate the affected territory within which the special election or elections shall be held. (b) Provide for the question or questions to be submitted to the voters. (c) Specify any terms or conditions provided for in the change of organization or reorganization. (d) State the vote required for confirmation of the change of organization or reorganization.

Cal. Government Code - GOV § 57116. Section 57116.

In addition to any other requirements, any resolution of the commission ordering an incorporation subject to an election shall do all of the following: (a) Provide for the election of the officers of the proposed city required to be elected, except as provided in Section 56724 and except as to officers designated as appointive, pursuant to Section 56723. (b) Provide for the election on the question of whether members of the city council in future elections are to be elected by district, from district, or at large. (c) If the petition so requests, state that the voters may express a preference as to whether or not the city shall operate under the city manager form of government, the ballot question being for or against the city manager form of government. (d) If the petition so requests, state that the voters may express their preference between names for the new city.

Cal. Government Code - GOV § 57117. Section 57117.

In addition to any other requirements, any resolution of the commission ordering a consolidation of cities subject to an election shall do all of the following: (a) Provide for the election of officers of the successor city required to be elected. (b) State that the voters may express their preference as to the name of the successor city.

Cal. Government Code - GOV § 57118. Section 57118.

In any resolution ordering a change of organization or reorganization subject to the confirmation of the voters, the commission shall determine that an election will be held: (a) Within the territory of each city or district ordered to be incorporated, formed, disincorporated, dissolved, or consolidated. (b) Within the entire territory of each district ordered to be merged with or established as a subsidiary district of a city, or both within the district and within the entire territory of the city outside the boundaries of the district. (c) If the executive officer certifies a petition pursuant to Section 57108 or 57109, within the territory of the district ordered to be merged with or established as a subsidiary district of a city. (d) Within the territory ordered to be annexed or detached. (e) If ordered by the commission pursuant to Section 56876 or 56759, both within the territory ordered to be annexed or detached and within all or the part of the city or district which is outside of the territory. (f) If the election is required by subdivision (b) of Section 57077.4, separately within the territory of each affected district that has filed a petition meeting the requirements of subdivision (b) of Section 57077.4.

Cal. Government Code - GOV § 57119. Section 57119.

Notwithstanding Section 57118, any resolution ordering a special reorganization shall require the principal county to call an election in both of the following territories: (a) The territory ordered to be detached from the city. (b) The entire territory of the city from which the detachment is ordered to occur.

Cal. Government Code - GOV § 57120. Section 57120.

In addition to any other requirements, any resolution of the commission ordering a change of organization or reorganization that includes a formation or an incorporation subject to an election shall provide for the establishment of the appropriations limit determined pursuant to Section 56811 or 56812.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026