SECTIONS 56800-56803 - California Statutes

GOVERNMENT CODE

SECTION 56800-56803

56800. For any proposal that includes an incorporation, the
executive officer shall prepare, or cause to be prepared by contract,
a comprehensive fiscal analysis. This analysis shall become part of
the report required pursuant to Section 56665. Data used for the
analysis shall be from the most recent fiscal year for which data are
available, preceding the issuances of the certificate of filing.
When data requested by the executive officer in the notice to
affected agencies are unavailable, the analysis shall document the
source and methodology of the data used. The analysis shall review
and document each of the following:
(a) The costs to the proposed city of providing public services
and facilities during the three fiscal years following incorporation
in accordance with the following criteria:
(1) When determining costs, the executive officer shall include
all direct and indirect costs associated with the current provision
of existing services in the affected territory. These costs shall
reflect the actual or estimated costs at which the existing level of
service could be contracted by the proposed city following an
incorporation, if the city elects to do so, and shall include any
general fund expenditures used to support or subsidize a
fee-supported service where the full costs of providing the service
are not fully recovered through fees. The executive officer shall
also identify which of these costs shall be transferred to the new
city that result in an administrative cost reduction to other
agencies. In the analysis, the executive officer shall also review
how the costs of any existing services compare to the costs of
services provided in cities with similar populations and similar
geographic size that provide a similar level and range of services
and shall make a reasonable determination of the costs expected to be
borne by the newly incorporated city.
(2) When determining costs, the executive officer shall also
include all direct and indirect costs of any public services that are
proposed to be assumed by the new city and that are provided by
state agencies in the area proposed to be incorporated.
(b) The revenues of the proposed city during the three fiscal
years following incorporation.
(c) The effects on the costs and revenues of any affected local
agency during the three fiscal years of incorporation.
(d) Any other information and analysis needed to make the findings
required by Section 56720.

56801. (a) For any proposal that includes an incorporation, the
executive officer shall, at the request of an interested party, which
request is submitted pursuant to subdivision (b), and prior to
issuing his or her report and recommendation pursuant to Section
56665, request the Controller to review the comprehensive fiscal
analysis prepared pursuant to Section 56800. The request by an
interested party shall specify in writing any element of the
comprehensive fiscal analysis that the Controller is requested to
review and the reasons the Controller is requested to review each
element.
(b) The commission may adopt written procedures for the
acceptance, referral, and payment for a request for the Controller's
review, which shall include setting a time period during which an
interested party is permitted to submit a request pursuant to
subdivision (a). The time period for accepting a request shall not be
less than 30 days following notice given in the same manner as
specified in Section 56153.
(c) Within 45 days of receiving the analysis, the Controller shall
issue a report to the executive officer regarding the accuracy and
reliability of the information, methodologies, and documentation used
in the analysis. The times within which the executive officer or
commission is required to act pursuant to this chapter shall be
tolled for the time required by the Controller for completion of the
report. The executive officer shall include the results of the
Controller's report into his or her own report and recommendation
issued pursuant to Section 56665.
(d) Notwithstanding Sections 56378 and 56386, the Controller may
charge the commission for the actual costs incurred pursuant to this
section. The commission may recover these costs by charging the
person who requested the Controller's review.

56802. (a) For any proposal for incorporation of the territory
within the Mountain House Community Services District, San Joaquin
County shall provide the required funds to those petitioners filing
the incorporation application for all costs involved in filing the
application for incorporation pursuant to this division, including
the preparation of the comprehensive fiscal analysis pursuant to
Section 56800.
(b) The funds provided by the county pursuant to this section
shall not be construed to be a gift of public funds and may only be
granted to a quasi-public or nonprofit organization formed for the
purpose of pursuing incorporation of the Mountain House area.
(c) San Joaquin County shall provide the funds required in
subdivision (a) only one time, upon the first filing of application
for incorporation.

56803. If the commission approves a proposal which includes the
incorporation of a city, the resolution making determinations shall
accept or reject each of the findings and recommendations made in the
executive officer's report prepared pursuant to Section 56665, and
the fiscal analysis prepared pursuant to Section 56800. If the
commission rejects a finding or recommendation, the resolution making
determinations shall include findings by the commission which
present the basis for any rejection.