california legislature—2019–20 regular session
ASSEMBLY BILL No. 3312
Introduced by Assembly Member Gray
February 21, 2020
An act to add Section 56748 to the Government Code, relating to local government.
legislative counsel’s digest
AB 3312, as introduced, Gray. Local agency formation: annexation:
City of Merced.
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts. The act grants a local agency formation commission the power to review and approve a change of organization of a local agency, which includes an annexation into a city. The act generally requires that a territory to be annexed be contiguous to the city at the time the proposal is initiated. The act requires each commission to develop and determine the sphere of influence of each city and special district within the county. The act defines sphere of influence, for purposes of these provisions, as a plan for the probable physical boundaries and service area of the local agency, as determined by the commission.
This bill would authorize the annexation of territory comprising the main campus of the University of California, Merced, as specified, and any road strip, as defined, to the City of Merced, notwithstanding the requirement that the territory be contiguous with the city, if other conditions are met, including that the territory is within the city’s sphere of influence. The bill would prohibit the commission from approving
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subsequent annexations to the territory specified in the bill unless the annexation is contiguous with that territory.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Merced.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 56748 is added to the Government Code, line 2 to read:
line 3 56748. (a) As used in this section:
line 4 (1) “Main campus of the Uni versity of California, Merced” line 5 means the area within the boundaries of the campus of the line 6 University of California, Merced, as described in the Second line 7 Amendment to the Amended and Restated Contract for Water, line 8 Sewer, and Other Services between the City of Merced and the line 9 Regents of the University of California, recorded with the Merced line 10 County Recorder’s Office on August 14, 2019.
line 11 (2) “Road strip” means the street, highway, or road that connects line 12 the territory of the property to be annexed to the annexing city. line 13 (b) Notwithstanding Section 56741, unincorporated territory line 14 consisting of property comprising the main campus of the line 15 University of California, Merced, together with the road strip, may line 16 be anne xed to a city pursuant to this di vision if the follo wing line 17 conditions are met:
line 18 (1) The affected territory is within the sphere of influence of line 19 the annexing city, as adopted by the commission. line 20 (2) The af fected territory lies within an unincorporated area line 21 within the County of Merced.
line 22 (c) The commission shall not approve any subsequent annexation line 23 to the road strip or the af fected territory described in this section line 24 unless the territory proposed to be anne xed is contiguous to the line 25 property comprising the main campus of the Uni versity of line 26 California, Merced.
line 27 (d) This section applies only to the City of Merced. line 28 SEC. 2. The Legislature finds and declares that a special statute line 29 is necessary and that a general statute cannot be made applicable line 30 within the meaning of Section 16 of Article IV of the California line 31 Constitution because of the unique circumstances relating to the 99 — 2 — AB 3312
line 1 property comprising the University of California, Merced, campus line 2 located in unincorporated territory within the County of Merced.
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