AB 743, as amended, 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.begin delete 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.end delete
Existing law provides that the authority to initiate, conduct, and complete specified changes in organization or reorganizations does not apply to any territory that, after January 1, 2000, became surrounded or substantially surrounded by the city to which the annexation is proposed, except for islands that were created after January 1, 2000, as a result of boundary adjustments between 2 counties.
end insertbegin insertThis bill would instead provide that the authority to initiate, conduct, and complete specified changes in organization or reorganizations does not apply to any territory that, after January 1, 2014, became surrounded or substantially surrounded by the city to which the annexation is proposed, except for islands that were created after January 1, 2014, as a result of boundary adjustments between 2 counties.
end insertThe 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 shall approve, after notice and hearing, the
5change of organization or reorganization of a city, and waive
6protest proceedings pursuant to Part 4 (commencing with Section
757000) entirely, if all of the following are true:
8(1) The change of organization or reorganization is initiated on
9or after January 1, 2000.
10(2) The change of organization or reorganization is proposed
11by resolution adopted by the affected city.
12(3) The commission finds that the
territory contained in the
13change of organization or reorganization proposal meets all of the
14requirements set forth in subdivision (b).
15(b) Subdivision (a) applies to territory that meets all of the
16following requirements:
17(1) It does not exceedbegin delete 300end deletebegin insert 150end insert acres in area, and that area
18constitutes the entire island.
P3 1(2) The territory constitutes an entire unincorporated island
2located within the limits of a city, or constitutes a reorganization
3containing a number of individual unincorporated islands.
4(3) It is surrounded in either of the following ways:
5(A) Surrounded, or substantially surrounded, by the city to which
6annexation is proposed or by the city and a county boundary or
7the Pacific Ocean.
8(B) Surrounded by the city to which annexation is proposed and
9adjacent cities.
10(C) This subdivision shall not be construed to apply to any
11unincorporated island within a city that is a gated community where
12services are currently provided by a community services district.
13(D) Notwithstanding any other provision of law, at the option
14of either the city or the county, a separate property tax transfer
15agreement may be agreed to between a city and a county pursuant
16to
Section 99 of the Revenue and Taxation Code regarding an
17annexation subject to this subdivision without affecting any existing
18master tax sharing agreement between the city and county.
19(4) It is substantially developed or developing. The finding
20required by this paragraph shall be based upon one or more factors,
21including, but not limited to, any of the following factors:
22(A) The availability of public utility services.
23(B) The presence of public improvements.
24(C) The presence of physical improvements upon the parcel or
25parcels within the area.
26(5) It is not prime agricultural land, as defined by Section 56064.
27(6) It will benefit from the change of organization or
28reorganization or is receiving benefits from the annexing city.
29(c) Notwithstanding any other provision of this subdivision, this
30subdivision shall not apply to all or any part of that portion of the
31development project area referenced in subdivision (e) of Section
3233492.41 of the Health and Safety Code that as of January 1, 2000,
33meets all of the following requirements:
34(1) Is unincorporated territory.
35(2) Contains at least 100 acres.
36(3) Is surrounded or substantially surrounded by incorporated
37territory.
38(4) Contains at least 100 acres zoned for commercial or
39industrial uses or is designated on the applicable county general
40plan for commercial or industrial uses.
Section 56375.4 of the Government Code is amended
2to read:
The authority to initiate, conduct, and complete any
4proceeding pursuant to subdivision (a) of Section 56375.3 does
5not apply to any territory that, after January 1,begin delete 2000end deletebegin insert 2014end insert, became
6surrounded or substantially surrounded by the city to which
7annexation is proposed, except for islands that were created after
8January 1,begin delete 2000end deletebegin insert 2014end insert, as a result of boundary adjustments between
9two counties.
Section 57080 of the Government Code is repealed.
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