AB 743, as introduced, Logue. The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, sets forth the powers and duties of a local agency formation commission. The act authorizes a local agency formation commission to approve, after notice and hearing, a petition for a change of organization or reorganization of a city, if the petition was initiated on or after January 1, 2010, and before January 1, 2014, and waive protest proceedings entirely if certain requirements are met. This provision applies only to territory that does not exceed 150 acres.
This bill would delete the January 1, 2014, date and make conforming changes. The bill would authorize the commission to approve a change of organization or reorganization pursuant to these provisions of a territory that does not exceed 300 acres.
The act additionally authorizes a local agency formation commission to approve, after notice and hearing, a petition for a change of organization or reorganization of a city that was initiated on or after January 1, 2014, if certain requirements are met, and requires the commission to follow specified procedures in making this approval.
This bill would repeal these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 56375.3 of the Government Code is
2amended to read:
(a) In addition to those powers enumerated in Section
456375, a commission shallbegin delete do either of the following:end delete
5begin delete(1)end deletebegin delete end deletebegin deleteApprove,end deletebegin insert approve,end insert after notice and hearing, the change of
6organization or reorganization of a city, and waive protest
7proceedings pursuant to Part 4 (commencing with Section 57000)
8entirely, if
all of the following are true:
9(A)
end delete
10begin insert(1)end insert The change of organization or reorganization is initiated on
11or after January 1, 2000begin delete, and before January 1, 2014end delete.
12(B)
end delete
13begin insert(2)end insert The change of organization or reorganization is proposed
14by resolution adopted by the affected
city.
15(C)
end delete
16begin insert(3)end insert The commission finds that the territory contained in the
17change of organization or reorganization proposal meets all of the
18requirements set forth in subdivision (b).
19(2) Approve, after notice and hearing, the change of organization
20or reorganization of a city, subject to subdivision (a) of Section
2157080, if all of the following are true:
22(A) The change of organization or reorganization is initiated on
23or after January 1, 2014.
24(B) The change of organization or reorganization is proposed
25by resolution adopted by the affected city.
26(C) The commission finds that the territory contained in the
27change of organization or reorganization proposal meets all of the
28requirements set forth in subdivision (b).
29(b) Subdivision (a) applies to territory that meets all of the
30following requirements:
31(1) It does not exceedbegin delete 150end deletebegin insert 300end insert acres in area, and that area
32constitutes the entire island.
33(2) The territory constitutes an entire unincorporated island
34located within the limits of a city, or constitutes a reorganization
35containing a number of individual unincorporated islands.
P3 1(3) It is surrounded in either of the following ways:
2(A) Surrounded, or substantially surrounded, by the city to which
3annexation is proposed
or by the city and a county boundary or
4the Pacific Ocean.
5(B) Surrounded by the city to which annexation is proposed and
6adjacent cities.
7(C) This subdivision shall not be construed to apply to any
8unincorporated island within a city that is a gated community where
9services are currently provided by a community services district.
10(D) Notwithstanding any other provision of law, at the option
11of either the city or the county, a separate property tax transfer
12agreement may be agreed to between a city and a county pursuant
13to Section 99 of the Revenue and Taxation Code regarding an
14annexation subject to this subdivision without affecting any existing
15master tax sharing agreement between the city and county.
16(4) It is substantially developed or developing.
The finding
17required by this paragraph shall be based upon one or more factors,
18including, but not limited to, any of the following factors:
19(A) The availability of public utility services.
20(B) The presence of public improvements.
21(C) The presence of physical improvements upon the parcel or
22parcels within the area.
23(5) It is not prime agricultural land, as defined by Section 56064.
24(6) It will benefit from the change of organization or
25reorganization or is receiving benefits from the annexing city.
26(c) Notwithstanding any other provision of this subdivision, this
27subdivision shall not apply to all or any part of that portion
of the
28development project area referenced in subdivision (e) of Section
2933492.41 of the Health and Safety Code that as of January 1, 2000,
30meets all of the following requirements:
31(1) Is unincorporated territory.
32(2) Contains at least 100 acres.
33(3) Is surrounded or substantially surrounded by incorporated
34territory.
35(4) Contains at least 100 acres zoned for commercial or
36industrial uses or is designated on the applicable county general
37plan for commercial or industrial uses.
Section 56375.4 of the Government Code is amended
39to read:
begin delete(a)end deletebegin delete end deleteThe authority to initiate, conduct, and complete
2any proceeding pursuant to subdivision (a) of Section 56375.3
3does not apply to any territory that, after January 1, 2000, became
4surrounded or substantially surrounded by the city to which
5annexation is proposed, except for islands that were created after
6January 1, 2000, as a result of boundary adjustments between two
7counties.begin delete The authority to initiate, conduct, and complete any
8proceeding pursuant to paragraph (1) of subdivision (a) of Section
956375.3 shall expire January 1, 2014. The period of time between
10January 1, 2000, and January 1, 2014, shall not include any period
11of time during which, in an action pending in any court, a local
12agency is enjoined from conducting proceedings pursuant to
13paragraph (1) of subdivision (a) of Section 56375.3. Upon final
14disposition of that case, the previously enjoined local agency may
15initiate, conduct, and complete proceedings pursuant to paragraph
16(1) of subdivision (a) of Section 56375.3 for the same period of
17time as was remaining under that 14-year limit at the time the
18injunction commenced. However, if the remaining time is less than
19six months, that authority shall continue for six months following
20final disposition of the action.end delete
21(b) Between January 1, 2000, and January 1, 2014, no new
22proposal involving the same or substantially the same territory as
23a proposal initiated pursuant to paragraph (1) of subdivision (a)
24of Section 56375.3 after January 1, 2000, shall be initiated for two
25years after the date of adoption by the commission of a resolution
26terminating proceedings.
Section 57080 of the Government Code is repealed.
(a) With respect to a proceeding initiated on or after
29January 1, 2014, when approved and authorized by the commission
30pursuant to Section 56375.3, Sections 57050, 57051, 57052, and
3157078, shall apply and Section 57075 shall not apply.
32(b) The commission, not more than 30 days after conclusion of
33the hearing, shall make a finding regarding the value of written
34protests filed and not withdrawn and shall do either of the
35following:
36(1) Terminate proceedings if written protests have been filed
37and not withdrawn by 50 percent or more of the registered voters
38within the affected territory.
39(2) Order the territory annexed without an election.
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