BILL ANALYSIS �
AB 743
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CONCURRENCE IN SENATE AMENDMENTS
AB 743 (Logue)
As Amended June 11, 2013
Majority vote
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|ASSEMBLY: |77-0 |(April 25, |SENATE: |33-0 |(July 8, 2013) |
| | |2013) | | | |
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Original Committee Reference: L. GOV.
SUMMARY : Makes permanent provisions of law that allow local agency
formation commissions (LAFCOs) to waive the protest hearing for the
annexation of unincorporated islands. Specifically, this bill :
1)Deletes the January 1, 2014, sunset date that allows a LAFCO to
waive the protest hearing for the annexation of unincorporated
islands of 150 acres or less, subject to specific requirements,
thereby making the provisions permanent.
2)Repeals a code section which specifies a process for island
annexations after the existing sunset date.
3)Makes findings and declarations, and other conforming changes.
The Senate amendments make findings and declarations that the
statutes requiring LAFCOs to annex the unincorporated island and
waive protest proceedings, subject to criteria in existing law, are
consistent with the intent of promoting orderly growth and
development and facilitate the annexation of disadvantaged
unincorporated communities, pursuant to existing law.
EXISTING LAW :
1)Establishes the Cortese-Knox-Hertzberg Local Reorganization Act of
2000 (CKH Act).
2)Requires a LAFCO to approve the annexation after notice and
hearing and waive protest proceedings for the annexation to a city
of an unincorporated island, if the following apply:
a) The change of organization or reorganization is initiated on
or after January 1, 2000, and before January 1, 2014;
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b) The change of reorganization is proposed by resolution
adopted by the affected city; and,
c) The LAFCO finds that the territory in the proposed change of
organization or reorganization proposal does not exceed 150
acres in area, constitutes an entire unincorporated island
located within the limits of a city, is surrounded, is
substantially developed or developing, is not prime
agricultural land, and will benefit from the change of
organization or reorganization or will benefit from the
annexing city.
FISCAL EFFECT : None
COMMENTS : The Legislature has delegated much of its authority over
the boundaries of cities and special districts to LAFCOs in each
county. The courts often refer to LAFCOs as the Legislature's
watchdog over local boundaries. The CKH Act establishes the
procedures for local government changes in organization including
city incorporations, annexations to a city or special district, and
city and special district consolidation, reorganization,
disincorporation and dissolution. An island annexation occurs when
a city or district attaches additional territory, an island, to its
boundary.
Many cities in California still contain "islands" of unincorporated
pockets of land which are surrounded by cities. Islands occur as a
result of past boundary decisions, most of which pre-date the
establishment of LAFCOs to regulate city boundaries or when an area
is unincorporated or annexed and a particular area does not want to
be included. Supporters argue that unincorporated islands can lead
to difficult service delivery problems for both cities and counties.
Additionally, islands can be expensive and inefficient for counties
to serve, as residents of these islands often use city parks,
libraries, and other services even though their homes lie outside
the city limits.
Since 1977, state law has provided an expedited annexation process
for unincorporated islands to encourage cities to eliminate past
boundary mistakes and to encourage the efficient provision of
services. Under current law, if a city applies to annex an
unincorporated island, the LAFCO must approve the annexation after a
public hearing if the island meets specified statutory conditions.
In addition, the LAFCO must waive the protest hearing requirement.
This provision which is set to expire on January 1, 2014, has
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already been amended several times by AB 2227 (Harman), Chapter 548,
Statutes of 2002, and AB 2223 (Salinas), Chapter 351, Statutes of
2006.
This bill deletes the January 1, 2014, sunset date on the statutes
requiring LAFCOs to annex the unincorporated island and waive
protest proceedings, subject to criteria in existing law.
Additionally, the bill repeals a provision of law which establishes
a process for island annexations after the existing January 1, 2014,
sunset date expires. The author and supporters argue that the
section is no longer necessary because this bill makes the island
annexation process permanent, and therefore, no longer requires
statute to prescribe a process beyond January 1, 2014. This bill is
author-sponsored.
The author argues, "With the sunset set to expire on January 1,
2014, a survey indicated that 54% of LAFCOs would benefit if they
had more time to continue annexations." An informal poll of LAFCO
executive officers conducted by the California Association of Local
Agency Formation Commissions (CALAFCO) found support for removing
the sunset date. Out of a total of 28 respondents, LAFCOs in the
counties of Alameda, Butte, Contra Costa, El Dorado, Kern, Los
Angeles, Napa, Orange, Riverside, San Joaquin, Santa Clara, Santa
Cruz, Solano, Sonoma, Tulare, and Ventura have remaining islands
that would potentially benefit from an elimination of the sunset
date.
Support arguments: Supporters argue that the streamlined provisions
in existing law have assisted cities, counties, and LAFCOs to
transition municipal services in these areas to the adjacent cities,
which are best able to provide those services. This bill will make
those beneficial provisions permanent.
Opposition arguments: None on file.
Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958
FN:
0001129
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