BILL NUMBER: AB 518 CHAPTERED 08/04/03 CHAPTER 176 FILED WITH SECRETARY OF STATE AUGUST 4, 2003 APPROVED BY GOVERNOR AUGUST 3, 2003 PASSED THE ASSEMBLY JULY 21, 2003 PASSED THE SENATE JULY 15, 2003 AMENDED IN SENATE JULY 2, 2003 AMENDED IN SENATE JUNE 11, 2003 AMENDED IN ASSEMBLY APRIL 3, 2003 INTRODUCED BY Assembly Member Salinas FEBRUARY 18, 2003 An act to amend Sections 56132 and 56668 of the Government Code, relating to local agency formation. LEGISLATIVE COUNSEL'S DIGEST AB 518, Salinas. Local agency formation. (1) Existing law prescribes certain procedures, applicable until January 1, 2004, to the detachment of territory from the Broadmoor Police Protection District. This bill would extend the operation of those provisions until January 1, 2005. (2) Existing law specifies various factors that a local agency formation commission is required to consider in the review of a proposal for a change of organization or reorganization of local agencies. One of those factors is the extent to which the proposal will assist the receiving entity in achieving its fair share of the regional housing needs. This bill would revise that factor to instead require consideration of the extent to which the proposal will affect a city or cities and the county in achieving their respective fair shares of the regional housing needs. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 56132 of the Government Code is amended to read: 56132. (a) This section shall only apply to any change of organization or reorganization that includes detachment of territory from the Broadmoor Police Protection District in the County of San Mateo and that includes or accommodates, or is intended to facilitate, an annexation of territory to another local agency that has initiated the change of organization or reorganization. This section does not, however, apply to any territory comprising real property owned by the San Francisco Bay Area Rapid Transit District. If the commission adopts a resolution approving such a change of organization or reorganization, the board of commissioners of the district may, within 15 days thereafter, adopt a resolution finding either that the proposed detachment may or will not adversely affect the district's ability to efficiently provide its law enforcement services in the remainder of the district. The district shall, if it adopts a resolution, file a certified copy of its resolution with the local agency to which the affected territory is proposed to be annexed and the commission. If that resolution finds that the proposed detachment may have an adverse financial effect, then the reorganization shall not become effective unless a majority of the voters voting at a special election of the district called for that purpose approve the detachment. The Broadmoor Police Protection District shall pay the costs of the election. For purposes of this section, it shall be conclusively presumed that any affected local agency that adopts a resolution under Section 56654 requesting a detachment of contiguous territory from the Broadmoor Police Protection District and that could have concurrently requested annexation of the affected territory, intends to do so. (b) The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the following special circumstances: The Broadmoor Police Protection District consists primarily of suburban residential properties which have long enjoyed an urban level of police services. The threat of continued piecemeal detachments of territory from the district threatens its ability to continue providing that level of service on an economically efficient basis. (c) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted prior to January 1, 2005, deletes or extends that date. SEC. 2. Section 56668 of the Government Code is amended to read: 56668. Factors to be considered in the review of a proposal shall include, but not be limited to, all of the following: (a) Population and population density; land area and land use; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years. (b) Need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for those services and controls; probable effect of the proposed incorporation, formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas. "Services," as used in this subdivision, refers to governmental services whether or not the services are services which would be provided by local agencies subject to this division, and includes the public facilities necessary to provide those services. (c) The effect of the proposed action and of alternative actions, on adjacent areas, on mutual social and economic interests, and on the local governmental structure of the county. (d) The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned, orderly, efficient patterns of urban development, and the policies and priorities set forth in Section 56377. (e) The effect of the proposal on maintaining the physical and economic integrity of agricultural lands, as defined by Section 56016. (f) The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting the proposed boundaries. (g) Consistency with city or county general and specific plans. (h) The sphere of influence of any local agency which may be applicable to the proposal being reviewed. (i) The comments of any affected local agency. (j) The ability of the newly formed or receiving entity to provide the services which are the subject of the application to the area, including the sufficiency of revenues for those services following the proposed boundary change. (k) Timely availability of water supplies adequate for projected needs as specified in Section 65352.5. (l) The extent to which the proposal will affect a city or cities and the county in achieving their respective fair shares of the regional housing needs as determined by the appropriate council of governments consistent with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7. (m) Any information or comments from the landowner or owners. (n) Any information relating to existing land use designations.