Local government.

Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the authority and procedures for the initiation, conduct, and completion of changes of organization and reorganization of cities and districts. The act does not apply to pending proceedings for a change or organization or reorganization for which the application was accepted for filing prior to January 1, 2001, as specified. The act authorizes these pending proceedings to be continued and completed under, and in accordance with, the law under which the proceedings were commenced. This bill would repeal those provisions relating to pending proceedings for a change or organization or reorganization for which an application was accepted for filing prior to January 1, 2001, and make other conforming changes. The act specifies that provisions governing the time within which an official or the commission is to act are, with specific exceptions, directory rather than mandatory. This bill would make a technical amendment to that provision. The act provides that in each county there is a local agency formation commission, and that the commission shall include in its membership 2 presiding officers or members of legislative bodies of independent special districts and an alternate, selected by the independent special district selection committee. Existing law provides that the independent special district selection committee shall consist of the presiding officer of the legislative body of each independent special district. The bill would authorize the legislative body of a district to appoint one of its members as an alternate to participate in the selection committee in the presiding officer's place. The act authorizes the executive officer of the selection committee, if he or she determines that a meeting for the purpose of selecting the special district representatives or for filling a vacancy is not feasible, to conduct the business of the committee in writing, as specified. This bill would recast those provisions and, in addition, would provide that a majority of the independent special district selection committee may determine to conduct the committee's business by mail, including holding all elections by mailed ballot, as specified. This bill would also authorize a local agency formation commission, until January 1, 2019, to review and comment upon the extension of services into previously unserved territory within unincorporated areas, and the creation of new service providers to extend urban type development into previously unserved territory within unincorporated areas. The act requires a local agency or school district that initiates proceedings for a change of local government organization or reorganization by submitting a resolution of application for a change of organization or reorganization to also submit a plan for providing services within the effected territory, as specified. This bill would instead require, if a proposal for a change of organization or reorganization is submitted, that the applicant submit a plan for providing services within the effected territory. The act specifies the factors that a local agency formation commission is required to consider in the review of a proposal for a change of organization or reorganization, including, among other things, a regional transportation plan, as specified, and its consistency with city or county general and specific plans. This bill instead would require the local agency formation commission to consider, in the review of a proposal for a change of organization or reorganization, the consistency of the entire proposal for a change of organization or reorganization with city or county general and specific plans. By increasing the duties of a local agency formation commission, this bill would impose a state-mandated local program. The act authorizes a change of organization or reorganization to provide for, or to be made subject to, one or more terms and conditions specified in the commission's resolution making determinations, in which case, the terms and conditions imposed constitute the exclusive terms and conditions for the change of organization or reorganization, notwithstanding other specified general provisions of law. This bill instead would provide, that if a change or reorganization is made subject to terms and conditions, those terms and conditions shall prevail in the event of a conflict with other specified general provisions of law. The act defines a landowner-voter district and prescribes certain voting thresholds for landowner-voter districts for elections associated with proposals initiated by a local agency formation commission. This bill would make nonsubstantive, technical changes to these provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.