HomeMy WebLinkAboutMINUTES - 05082007 - C.28 .------L
TO: BOARD OF SUPERVISORS j . ` - �` Contra
FROM: JOHN CULLEN, Costa
County Administrator
w~ County
DATE: May 8, 2007
SUBJECT: SUPPORT POSITION on AB 1019 (Blakeslee)— Land use:
annexation: housing
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
SUPPORT Assembly Bill 1019 (Blakeslee), legislation that would allow an agreement on the transfer
of housing unit obligations from a county to a city as part of a city's proposed annexation and/or
incorporation, as recommended by the Director of Community Development.
FISCAL IMPACT:
None.
BACKGROUND:
The Board of Supervisors is required to provide for the creation of its appropriate share of regional
housing needs for all income segments within the unincorporated area of the County in order to be in
compliance with the Housing Element Statute. The Association of Bay Area Governments (ABAG) is
the regional authority (council of governments or COG) responsible for the allocation of the state
Department of Housing and Community Development' (HCD)-prescribed number of housing units to
cities and the County in the 9-county Bay Area.
Throughout the state, cities are annexing unincorporated areas of counties in order to meet their
mandated housing units, to protect their agriculture and open space lands and maintain urban-rural
buffers, which consequently constrains the ability of counties to meet their own mandated housing
due to loss of land. The growth of cities into the unincorporated area of counties and the
corresponding loss of unincorporated land does not require a corresponding reduction in a county's
mandated units.
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AB 1019 would authorize a "mutually acceptable agreement" between a city and a county on a
revised determination of regional housing needs if an annexation of unincorporated land to a city
occurs after the final allocation of housing units is made by the council of governments (or
Department of HCD for areas with no COG).
ON ATTACHMENT: X YESSIGNAT RE: V
CONTINUEDU Q.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI
APPROVE OTHER
- p I
SIGNATURES : G�Z.C./ A
ACTION OF BOA D N APPROVED AS RECOMMENDED O/-IER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
Contact:
L. DeLaney 5-1097
Cc: ATTESTED �dd�
S.Hoffman,CAO's Office JOHN CULE514,CLERK OF THE BOARD OFSUPERVISORS
C.Christian,via CAO's Office
D. Barry,Community Development
J.Kennedy, Redevelopment BY: DEPUTY
AP 1019-,-Land use, annexation, housing., p.2
May 8, 2007
If the affected parties cannot reach a mutually acceptable agreement, then either party may request
the council or governments, or HCD for areas with no COG, to consider the facts, data, and
methodology presented by both parties and make the revised determination.
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AMENDED 1N ASSEMBLY APRIL 12, 2007
CALIFORNIA LEGISLATURE-2007—o8 REGULAR SESSION
ASSEMBLY BILL No. 1019
Introduced by Assembly Member Blakeslee
February ,222007
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An act to amend Sectiones 65584.07 of the Government Code,
relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1019, as amended, Blakeslee. Land use: annexation: housing.
The Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000 authorizes local governments to annex portions o f territory to
other local governments, as specified.
The Planning and Zoning law requires local governments to adopt
comprehensive general plans that address a number of elements,
including the housing element. The Department of Housing and
Community Development is required to assist local governments in the
allocation of the regional housing needs. Existing law also authorizes
a city or county to transfer a percentage of its share of the regional
housing needs to another city or county, as specified.
Existing law requires each city, county, and city and county to revise
its housing element on specified dates, in accordance with a specified
schedule, and not less often than once every 5th year after that revision.
Existing law requires, during the period between adoption of a final
regional housing needs allocation until the due date of'the housing
element update, that the council of governments, or the department,
whichever assigned the county's share, reduce the share of regional
housing needs of a county if certain conditions are met. If an
incorporation of a new city occurs after the council of governments, or
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AB 1019 —2—
the
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the department for areas with no council of governments, has made its
final allocation under these provisions, the city and county are
authorized to reach a mutually acceptable agreement on a revised
determination of regional housing needs, to reallocate a portion of the
affected county's share of regional housing needs to the new city, and
report the revision to the council of governments and the department,
or to the department for areas with no council of governments.
This bill wouldreqttire, where laftd proposed for atmexation of
ineorporation-to a eity ineittdes pareels that have been identified ift -a
eoutrty's housing element as designated to meet its regional hott
part of its fair share regiortal hottsiftg need, as speeifie authorize a
similar mutually acceptable agreement on a revised determination of
regional housing needs if an annexation of unincorporated land to a
city occurs after the council ofgovernments, or the department for areas
with no council of governments, has made its final allocation.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65584.07 of the Government Code is
2 amended to read.-
3
ead:3 65584.07. (a) During the period between adoption of a final
4 regional housing needs allocation until the due date of the housing
5 element updates under Section 65588, the council of
6 governments, or the department,whichever assigned the county's
7 share,shall reduce the share of regional housing needs of a county
8 if all of the following conditions are met:
9 (1) One or more cities within the county agree to increase its
10 share or their shares in an amount equivalent to the reduction.
11 (2) The transfer of shares shall only occur between a county
12 and cities within that county.
13 (3) The county's share of low-income and very low income
14 housing shall be reduced only in proportion to the amount by which
15 the county's share of moderate- and above moderate-income
16 housing is reduced.
17 (4) The council of governments or the department, whichever
18 assigned the county's share,shall approve the proposed reduction,
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-3— AB 1019
1 if it determines that the conditions set forth in paragraphs(1), (2),
2 and (3) above have been satisfied. The county and city or cities
3 proposing the transfer shall submit an analysis of the factors and
4 circumstances, with all supporting,data,justifying the revision to
5 the council of governments or the department. The council of
6 governments shall submit a copy of its decision regarding the
7 proposed reduction to the department.
8 (b) (1) The county and citiesw-hieh that have executed transfers
9 of regional housing needpufsttaitt to under this section shall amend
10 their housing elements and submit them to the department for
I I reviews under Section 65585.
12 2k41
13 (2) All materials and data used to justify any revision shall be
14 made available upon request to any interested party within seven
15 days upon payment of reasonable costs of reproduction unless the
16 costs are waived due to economic hardship.A fee may be charged
17 to interested parties for any additional costs caused by the
18 amendments made to former subdivision(c)of Section 65584 that
19 reduced from 45 to 7 days the time within which materials and
20 data were required to be made available to interested parties.
21 (c) In-the even (1) If an incorporation of a new city occurs after
22 the council of governments, or the department for areas with no
23 council of governments, has made its final allocation under this
24 section, the city and county may reach a mutually acceptable
25 agreement on a revised determination and report the revision to
26 the council of governments and the department, or to the
27 department for areas with no council of governments.If the affected
28 parties cannot reach a mutually acceptable agreement, then either
29 party may request the council of governments, or the department
30 for areas with no council of governments, to consider the facts,
31 data, and methodology presented by both parties and make the
32 revised determination.
33 -re
34 (2) The revised determination shall be made within-oneyeane€
35 the ineoiporation of the new eity six months after receipt of the
36 written request, based upon the methodology described in
37 subdivision (a), and shall reallocate a portion of the affected
38 county's share of regional housing needs to the new city. The
39 revised determination shall neither reduce the total regional housing
40 needs nor change the previous allocation of the regional housing
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AB 1019 —4-
1
4-1 needs assigned by the council of governments or the department,
2 where there is no council of governments, to other cities within
3 the affected county.
4 (d) (1) If an annexation of unincorporated land to a city occurs
5 after the council ofgovernments, or the departmentfor areas with
6 no council of governments, has made its final allocation under
7 this section, the city and county may reach a mutually acceptable
8 agreement on a revised determination and report the revision to
9 the council of governments and the department, or to the
10 department for areas with no council ofgovernments.If the affected
11 parties cannot reach a mutually acceptable agreement, then either
12 party may request the council of governments, or the department
13 for areas with no council of governments, to consider the facts,
14 data, and methodology presented by both parties and make the
15 revised determination.
16 (2) The revised determination shall be made within six months
17 after receipt of the written request, based upon the methodology
18 described in subdivision (a), and shall reallocate a portion of the
19 affected county's share of regional housing needs, if appropriate,
20 to the annexing city. The revised determination shall neither reduce
21 the total regional housing needs norchange the previous allocation
22 of the regional housing needs assigned by the council of
23 governments or the department, where there is no council of
24 governments, to other cities within the affected county.
25
26
27 All matter omitted in this version of the bill
28 appears in the bill as introduced in
29 Assembly, February 22, 2007 (JR11)
30
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