Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

(1) Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, sets forth the powers and duties of a local agency formation commission, including, among others, the power to approve the annexation of a contiguous disadvantaged community, under specified circumstances. Existing law provides that an application to annex a contiguous disadvantaged community is not required if a commission finds that a majority of the residents within the affected territory are opposed to annexation. This bill would provide that an application to annex a contiguous disadvantaged community is not required if the commission finds that a majority of the registered voters within the affected territory are opposed to annexation. (2) The act requires a local agency formation commission to determine the sphere of influence of each local governmental agency within the county, and to enact policies designated to promote the logical and orderly development of areas within the sphere of influence. When adopting, amending, or updating a sphere of influence for a special district, existing law requires a commission to require existing districts to file written statements with the commission specifying the functions or classes of services provided by those districts. This bill would instead require a commission to determine the sphere of influence of each city, and each special district subject to the jurisdiction of the commission, within the county. The bill would instead authorize a commission to require existing districts to file written statements with the commission specifying the functions or classes of services provided by those districts, rather than mandating the filing. (3) The act authorizes a petitioner or legislative body to initiate proceedings before a local agency formation commission to submit an application to the executive officer of the principal county, and requires the executive officer, immediately after receiving an application and before issuing a certificate of filing, to give mailed notice that the application has been received to specified agencies, as specified. This bill would correct a cross-reference in these provisions. (4) The act authorizes a local agency formation commission to approve proposals for changes of organization or reorganization, consistent with written policies, procedures, and guidelines adopted by the commission. The act requires a local agency formation commission to comply with certain procedural requirements prior to ordering a change of organization or reorganization, including, among others, requiring voter approval of a change of organization or reorganization if certain requirements are met. Existing law authorizes a commission to, without notice and hearing, make determinations with regard to approval or disapproval of a proposal for an annexation, detachment, or reorganization that consists solely of annexations or detachments, or both, and of a county service area. This bill would revise and recast those provisions. The bill would, among other things, specify that voter approval is required for a change of organization or reorganization that consists of an incorporation or disincorporation, and provide for specific protest standards for a change of organization that consists of a dissolution of a district, a consolidation of 2 or more districts, certain types of reorganizations, and the merger or establishment of a subsidiary district. The bill would authorize the waiver of protest proceedings under specified circumstances, and would set forth procedures that apply to those waivers, including the mailing of specified notices. The bill would exempt from voter approval a change of organization that consists of a dissolution, except if the proposal meets certain requirements, subject to protest procedures. (5) The act provides that if a local agency formation commission has initiated a change of organization or reorganization that affects more than one special district, the commission may utilize and is encouraged to utilize a reorganization committee to review the proposal. This bill would revise and recast that provision. (6) The act requires a local agency formation commission to order the consolidation of districts, dissolution, merger, the establishment of a subsidiary district, or a reorganization that includes any of these changes of organization, without an election, as specified. The act exempts from these provisions, any proposal for a change of organization or reorganization submitted to a commission before January 1, 2003, where the Goleta Sanitary District or the Goleta West Sanitary District is an affected district, as specified. This bill would repeal this exemption. (7) Existing law requires a county auditor to adjust the allocation of property tax revenues for local agencies whose service area or service responsibility may be altered by a jurisdictional change, as specified. This bill would make a technical, nonsubstantive change to those provisions. (8) This bill would make other conforming changes to the act to implement these provisions.