BILL NUMBER: AB 743 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Logue
FEBRUARY 21, 2013
An act to amend Sections 56375.3 and 56375.4 of, and to repeal
Section 57080 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 56375.3 of the Government Code is amended to
read:
56375.3. (a) In addition to those powers enumerated in Section
56375, a commission shall do either of the following:
(1) Approve,
approve, after notice and hearing, the change of
organization or reorganization of a city, and waive protest
proceedings pursuant to Part 4 (commencing with Section 57000)
entirely, if all of the following are true:
(A)
(1) The change of organization or reorganization is
initiated on or after January 1, 2000 , and before January
1, 2014 .
(B)
(2) The change of organization or reorganization is
proposed by resolution adopted by the affected city.
(C)
(3) The commission finds that the territory contained
in the change of organization or reorganization proposal meets all of
the requirements set forth in subdivision (b).
(2) Approve, after notice and hearing, the change of organization
or reorganization of a city, subject to subdivision (a) of Section
57080, if all of the following are true:
(A) The change of organization or reorganization is initiated on
or after January 1, 2014.
(B) The change of organization or reorganization is proposed by
resolution adopted by the affected city.
(C) The commission finds that the territory contained in the
change of organization or reorganization proposal meets all of the
requirements set forth in subdivision (b).
(b) Subdivision (a) applies to territory that meets all of the
following requirements:
(1) It does not exceed 150 300 acres
in area, and that area constitutes the entire island.
(2) The territory constitutes an entire unincorporated island
located within the limits of a city, or constitutes a reorganization
containing a number of individual unincorporated islands.
(3) It is surrounded in either of the following ways:
(A) Surrounded, or substantially surrounded, by the city to which
annexation is proposed or by the city and a county boundary or the
Pacific Ocean.
(B) Surrounded by the city to which annexation is proposed and
adjacent cities.
(C) This subdivision shall not be construed to apply to any
unincorporated island within a city that is a gated community where
services are currently provided by a community services district.
(D) Notwithstanding any other provision of law, at the option of
either the city or the county, a separate property tax transfer
agreement may be agreed to between a city and a county pursuant to
Section 99 of the Revenue and Taxation Code regarding an annexation
subject to this subdivision without affecting any existing master tax
sharing agreement between the city and county.
(4) It is substantially developed or developing. The finding
required by this paragraph shall be based upon one or more factors,
including, but not limited to, any of the following factors:
(A) The availability of public utility services.
(B) The presence of public improvements.
(C) The presence of physical improvements upon the parcel or
parcels within the area.
(5) It is not prime agricultural land, as defined by Section
56064.
(6) It will benefit from the change of organization or
reorganization or is receiving benefits from the annexing city.
(c) Notwithstanding any other provision of this subdivision, this
subdivision shall not apply to all or any part of that portion of the
development project area referenced in subdivision (e) of Section
33492.41 of the Health and Safety Code that as of January 1, 2000,
meets all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated
territory.
(4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
SEC. 2. Section 56375.4 of the Government Code is amended to read:
56375.4. (a) The authority
to initiate, conduct, and complete any proceeding pursuant to
subdivision (a) of Section 56375.3 does not apply to any territory
that, after January 1, 2000, became surrounded or substantially
surrounded by the city to which annexation is proposed, except for
islands that were created after January 1, 2000, as a result of
boundary adjustments between two counties. The authority to
initiate, conduct, and complete any proceeding pursuant to paragraph
(1) of subdivision (a) of Section 56375.3 shall expire January 1,
2014. The period of time between January 1, 2000, and January 1,
2014, shall not include any period of time during which, in an action
pending in any court, a local agency is enjoined from conducting
proceedings pursuant to paragraph (1) of subdivision (a) of Section
56375.3. Upon final disposition of that case, the previously enjoined
local agency may initiate, conduct, and complete proceedings
pursuant to paragraph (1) of subdivision (a) of Section 56375.3 for
the same period of time as was remaining under that 14-year limit at
the time the injunction commenced. However, if the remaining time is
less than six months, that authority shall continue for six months
following final disposition of the action.
(b) Between January 1, 2000, and January 1, 2014, no new proposal
involving the same or substantially the same territory as a proposal
initiated pursuant to paragraph (1) of subdivision (a) of Section
56375.3 after January 1, 2000, shall be initiated for two years after
the date of adoption by the commission of a resolution terminating
proceedings.
SEC. 3. Section 57080 of the Government Code is repealed.
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.