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HomeMy WebLinkAboutMINUTES - 04202004 - C42 TO: BOARD OF SUPERVISORS `;' +�* CONTRA. FROM: John Sweeten,County Administrator � ^ COSTA COUNTY DATE: April 20,2004 '`` SUBJECT: Support AB 2634 (Canciamilla)-Annexations SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): 1. SUPPORT AB 2634 (Canciamilla), as amended with clarifying language, which would require that determinations by LAFCO affecting approvals for a change of organization or re-organization shall be consistent with Urban Limit Lines approved by the voters of the affected agencies. 2. REQUEST the author to add clarifying language to allow LAFCO to consider change of organization or re-organization consistent with Urban Limit Lines as may be amended by the affected agencies as authorized by the voters,as recommended by the Community Development Director. BACKGROUND/REASON(S)FOR REC'OMMENDATION(S): The Board of Supervisors 2004 State Legislative Platform includes the following policy position: SUPPORT efforts to promote economic incentives for "Smart Growth". including infill and transit oriented development. " AB 2634 (Canciamilla) is consistent with this overall policy to encourage Smart Growth, because it requires LAFCO to consider if a boundary organization or re-organization, e.g. annexation proposal by a city, is consistent with the Urban Limit Line, which was approved by voters in 1990 under Measure C-1990: The Contra. Costa 65135 Land Preservation Plan Ordinance, and as subsequently amended by the Board of Supervisors. CONTINUED ON ATTACHMENT: 'YES SIGNATURE: a4�/314�� '" RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION d7bARD COMMITTEE PROVE OTHER SIGNATURE(S): . ACTION OF BOA79rO Apxil 20. 2004 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS Is A X UNANIMOUS(ABSENT isTone ) TRUE AND CORRECT COPY OF AN AYES. NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Sara Hoffman,335-1090 ATTESTED April 20, 2004 cc: CAO JOHN SWEETEN,CLERK OF Community Development Department THE BOARD OF SUPERVISORS Spate Lobbyist(via CAO) AND COUNTY ADMINISTRATOR Deputy BACKGROUND/REASON(S)FOR RECOMMENDATIONS (cont'd): Contra Costa LAFCO is currently operating from a General Policy Statement, approved on February 10, 1999, to honor the Urban Limit Line, and to discourage sphere of influence (SOI) and annexations beyond the Urban Limit Line, unless the proponents present evidence demonstrating that the need for SOI change or annexation outweighs the public interest in limiting growth to areas within the Urban Limit Line. AB 2634 (Canciamilla) would essentially codify and permanently mandate the Contra Costa LAFCO General Policy Statement on the Urban Limit Line by requiring it to make a determination on a boundary organization or re-organization,e.g. annexations,consistent with the Urban Limit Line. It is recommended that the Board support AB 2634, amended to include the following clarifying language to allow LAFCO to consider change of organization or re-organization consistent with an Urban Limit Line in those circumstances where it has been amended by the affected agency as authorized by the voters (see underline for clarifying language): (b) Every determination made by a commission and every approval of a change or organization or reorganization made by a commission shall be consistent with urban limit lines approved by the voters, or consistent with urban limit lines as may be amended by the a ected agencies as authorized by the voters. The Urban Limit Line in Contra.Costa County was established in 1990 when voters approved Measure C-1990: The Contra Costa 65/35 Land Preservation Plan Ordinance. The voters approved Measure C-1990 with a procedure to consider changes or amendments to the Urban Limit Line under a 4/5 vote by the Board of Supervisors with certain findings based on substantial evidence in the record. The proposed clarifying language would enable LAFCO to consider a change to an organization or reorganization consistent with the Urban Limit Line as it may be amended under the procedures specified in Measure C-1990, approved by the voters in 1990. CALIFORNIA LEGISLATURE--2003A4 REGULAR SESSION ASSEMBLY BILL No. 2634 Introduced by Assembly Member Caneiamiila February 2€3, 2004 An act to amend Section 56375.5 of the Government Code,relating to local government organization. LEGISLATIVE COUNNEUS DIGEST AB 26134, as introduced, Ganciamilla. Local government organization. Existing law relating to local agency formation commissions requires,among other things,that commission determinations relating to changes of local organization or reorganization, actions to waive restrictions that result in isolated unincorporated areas or actions to waive,the effect of annexing;an assessment district be consistent with the spheres of influence of local agencies affected by those determinations.. This bill would require that every determination made by a commission and every approval of a change of organization or reorganization made by a commission shall be consistent with urban limit lines approved by the voters of the affected agencies. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program.: no. The people of the Sete of California tars enact as follows: 1 SECTION 1. Section 56375.5 of the Government Cone is 2 amended to read: 99 AB 2634 —2 - 1 2 - 1 56375.5. (a) Every determination made by a commission 2 regarding the matters provided for by subdivisions(a),(m),and(n) 3 of Section 56375 shall be consistent with the spheres of influence 4 ofthe 'local agencies affected by those determinations. 5 (b) Every determination made by a commission and every 6 approval of a change or organization or reorganization made by 7 a commission shall be consistent with urban limit lutes approved 8 by the voters of'the affected local agencies. Q 44 r