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HomeMy WebLinkAbout1990 MEMORANDUM December 19, 1990 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: J. DALE HAWLEY, CITY MANAGER ~' SUBJECT: CITY COUNCIL REFERRAL FOR CITY OF LYNWOOD REQUEST On November 28, 1990, the City Council referred a letter from the City of Lynwood to the Legislative and Litigation Committee regarding whether the City of Bakersfield should form a task force to oppose regional government as outlined in AB 4242 and to work cooperatively and in concert with other cities to solve problems of regional significance. Staff has been in contact with the City of Lynwood to discuss its task force which has as a goal, the development of a regional plan which will allow it to be excluded from a Statewide plan (as proposed in AB 4242). There are 23 contiguous cities involved in this Southeast Cities task force, consisting of mayors and city councilmembers. The task force is relatively new and is in the process of determining which agencies are already involved in regional concerns before tackling those concerns themselves. Currently, the City of Bakersfield deals with regional issues through the use of personnel specializing in specific issues. For instance, Planning deals with air quality and the environment, Water with water quality, Fire with hazardous materials, and Sanitation with solid waste management. These departments deal with other governmental agencies in meeting state and federal laws. In addition, the Kern County City Manager's Association and Kern County Association of Cities meet on regular bases to discuss issues of concern county and region wide. This issue is scheduled to be discussed at a Legislative and Litigation Committee meeting in January. Councilmember DeMond, as Chair of the Legislative and Litigation Committee, has asked that I pass the above information to you to keep you apprised of status changes. JDH:jp cc: City Attorney Trudy Thornton News Media File MEMORANDUM August 31, 1990 TO: Vice Mayor Ken Peterson FROM: Arthur J. Saalfield, City Attorney SUBJECT: VICE MA¥ORREFERRALOF PROPOSED ORDINAN~K/ Please refer the following proposed ordinance to whichever committee you deem appropriate: 1) ELECTION. Background: Section 74 of the City Charter states "Unless otherwise provided forby this Chapter or ordinance , hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code and the Government Code of the State of California, as the same now exists or may hereafter be amended." This draft ordinance amends City ordinances that are in conflict with the City Charter and will bring the yMunicipal Code into conformance with the Charter Amendments of 1988. (Because the Charter takes precedence over Code provisions, this is basically a housekeeping matter.) AJS/meg ORD-REFERRAL\ ELECTION.MEM Attachment cc: J. Dale Hawley Carol Williams DRAFT ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 1.16 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ELECTIONS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 1.16 of the Bakersfield Municipal Code is hereby amended to read: CHAPTER 1.16 ELECTIONS Sections: 1.16.010 Nominating petition - Filing fee. 1.16.020 Elected councilmember. 1.16.030 Extra help for clerk. 1.16.010 Nominating petition - Filing fee. A. All candidates for mayor and/or councilperson shall pay a filing fee of twenty-five (25) dollars to be paid upon the first presentation of the petition of nomination. B. The city council reserves the right to waive .filing fees for all candidates. 1.16.020 Elected councilmember. The councilmember who has been elected to office pursuant to Section 16 of the Charter shall, after being sworn in, take office on the seCond regular council meeting following the date of the special election. 1.16.030 Extra help for clerk. If necessary, the council provides extra help to enable the clerk to perform his duties, under any election provision of the Charter, state statutes and municipal code. SECTION 2. '?his Ozdinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ~PPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to foz'm: CITY ATTORNEY of the City of Bakersfield LCM/meg ELECTION.ORD 9/4/90 - 2 - MEMORANDUM November 21, 1990 TO: J, DALE HAWLEY, CITY HANAGER THORNTON, ADNINISTRATIVE ANALYST ~ FROH: TRUDY SUBJECT: LEGISLATION BRIEFING On November 15, 1990, I attended the League's Legislation Zmpiementation Briefing in Ontario. The day-long session was very interesting and most informative.. I have tried to encapsulate highlights of the briefing in the following memo. Briefly, the 1990 budget process (the second part of a two-year process), was relatively quiet until the last few months. It was essentially a "clean up" year for 1989 which accomplished a number of things. However,.prior years' reductions in revenues, coupled with the addition of new programs, increasingly strained the state's budget. Although preliminary discussions had been made regarding vehicle license fees early on, no "raids" on cities really were anticipated. Unfortunately, the final budget package brought some unexpected results (SB 2557). It is expected that 1991 will be a more difficult year than 1990. Raids on cities for funding for county administered state programs are expected to continue. The Governor will have to clean up the current situation before starting on 1991. A soft economy will probably get softer in the next few months. Summer months will once again be the time for awareness. The League, which has traditionally worked for legislative changes before bills were passed, with SB 2557 changed that format. The League will actively campaign to repeal SB 2557. Legislators are feeling the heat and will try to redirect it back to the League and the cities. With a new governor, some changes (not extensive) can be expected. Wilson is familiar with the politics of local government, which may or may not help the cities' case, although he has been active in the League. He will remain'a -"'centrist" and will probably not spend any more money than Deukmejian. There may be a slow down in the building of new prisons. Wilson is concerned with housing, transit, infrastructure. Regional government will probably not carry a high priority for a couple of years but will once again be a topic of concern in five to ten years. Willie Brown continues in favor of dramatic restructuring of local government to regional, something very difficult to do, both technically and emotionally. The defeat of several bond issues was good for California. The bond market carries "California" bonds and doesn't distinguish between state and local bonds. Thus, with fewer state bonds, the market should be better for city bonds. A very real issue which will overshadow legislative efforts is J. Dale Hawley November 21, 1990 Pa9e 2 reapoortionment. A League speaker indicated that from a legislator's viewpoint, everything will become secondary to reapportionment and survival. Reapportionment is the "ultimate political act," an "incumbent's protection plan." The idea is to have enough votes to go all.the way to an override. (California will get seven new seats.) Term limits (Prop. 140) will probably not have as much impact as people may think. Elected officiais may run back and forth between houses. Also, local elected offices may become more desirable to state officers as they may be seen as places to reside until the next time they are eligible to run' for state offices. Staffs probably won't changemuch either as departmental shifts will be made to cover current positions. Actual political appointments will be impacted very little. Regarding legislation for 1990, several bills were passed which will have a direct on cities in California. I highlight some of the important ones below and am attaching the 1990 Legislative Wrap-Up Bulletin handed out at the seminar. SB 2557 (Maddy). Of major interest, of course, was SB 2557 (part of the budget package). Originally passed to supposedly bring in $20 million in property tax administration charges and $15-$20 million in "booking" fees, it is now estimated the amount will be many times that amount. Cities are encouraged to send letters to legislators stating the impact SB 2557 will have, in facts and fi9ures and in dollars and services, upon cities, Emphasis should be placed on the fact that what the Legislators approved in revenue raising is a great deal less than what is now anticipated. Cities need to tell their Legislators that they need to raise state taxes before the cities have to raise theirs. Forty-one votes in the Assembly and 21 in the Senate are needed to repeal SB 2557. "All politics is local politics." The League recommends that cities remind legislators who they represent and that counties have revenue raising processes, too. Challenge county enactments of SB 2557. Ask counties not to implement the optional booking fees. CSAO and the League's City Managers' Department are discussing the issue. Cities should review how counties analyze their costs (beware reorganizational efforts) and work together with other cities when possible. Remind legislators there were a number of alternatives to SB 2557 originally presented by the Legislative Analyst.. (These may be listed in the next League bulletin.) The property tax administration charge is not really a charge; it will be a deduction from money cities would have received. Counties now have a larger base--which will continue to grow. Additionally, if available funds are not used, they have to be returned--a built in incentive for counties to increase costs (which have averaged an increase of 12% a year). The charge is really a J. Dale Hawley November 21, 1990 Page 3 cost shift that causes cities to pay twice when unincorporated areas only pay once. It is mandatory for cities. 'This may be reimbursable under SB 90, as a state mandated program, and a shift in financial responsibilities. The booking fees are optional charges to cities and schools. What constitutes a booking fee is an important question. Section 7 of the Penal Code defines booking fees as having three categories. Be aware that counties may add other categories as they define "booking fees." Counties now have revenue raising authority similar to cities. Prior, counties had only transient occupancy tax to. charge. Now they..can issue business licenses and utility users taxes. AB3670 (Farr) gave counties the ability to raise sales taxes on a countywide basis on top of existing taxes'in the unincorporated areas. Other bills of importance which impact on the City include: AB 3463 (La Follette) regards withholding revenues to cover costs of claims. This allows a county to deduct from revenues owed a city an amount that it believes is owed by the city,'onlv if there is no disputm. Notification by the county must be given; the city has 30 days to respond in order to invalidate the bill procedure. SB 88 (0aramendi) regards the Oann Appropriations Limit and implements Prop. 111, establishing a new population adjustment factor and excluding "qualified" capital outlay projects from the Gann Limit. Qualified capital outlay projects are defined as "land, improvements, or equipment exceeding $100,000 in value and having a life expectancy of ten years or more." SB 1333 (Dills) regards state mandated costs. Local agencies shall not be ..required to implement any state mandate during any fiscal year if it is. specified as one for which reimbursement is not provided for the fiscal year. One mandate suspended during the 1990-91 fiscal year was the Open Meetings Act. SB 17 (Lockyer) deals with a reduction in state administrative charges for collecting sales taxes. Current law specifies a charge of 0.82 percent of all sales and use taxes collected by the State Board of Equalization charged to local entities. SB 17 reduces that charge to 0.79, effective July 1, 1991. AB 939 (Cleanup). Several changes were made in the bill, including many technical ones. SB 1820 (Sher) clarifies what types of waste can be counted toward the 25% and 50% recycling goal and allows for EIR delays which are necessary. AB 3992 {Sher) clarifies extensions due to adverse market conditions beyond the local agency's control. AB 2?07 (La Follette) calls for a household hazardous waste element and allows a city to use components of the d. Dale Hawley November 21, 1990 Page 4 county's hazardous waste management plan (Tanner) to meet the requirements of the bill. AB 2296 (Cortese) addresses the "gap" created with the ceasing of the previous COSWMP process and lasts until the countywide integrated waste management plans are approved by the Waste Management Board between 1992 and 1994 and establishes procedures to facilitate the approval and siting of projects that will assist cities and counties to achieve the goals of AB 939. Regarding AB 939, an "advance disposal fee" (ADF), which is an increase On items at point of sale, is supported by the League as well as CSAC. An ADF should replace tipping fees; ADF's will return to cities and counties' to pay for implementing AB 939 programs. AB 2158 (Costa), regarding public water systems, shifts the regulation of all small public water systems with 15 to 20 connections from local health officers to the Department of Health Services with attendant costs. AB 325 (flute), regarding water conservation landscaping ordinances, requires the Department of Water Resources to adopt a water efficient landscape ordinance which each city and county may adopt. Local agencies may use the department's or create their own ordinance, or must declare findings saying why they don't need one by January 31, 1993. AB 3158 (Costa), regarding CEQA fees, requires the Department of Fish and Game to establish and collect filing fees for actions by the Department related to projects subject to CEQA and requires those fees for projects on federal lands unless explicitly preempted by federal law. SB 2011 (L. Green), regarding affordable housing projects, provides that a local agency shall not disapprove an affordable, low or moderate income housing project or conditional approval unless certain conditions apply, including the project is inconsistent with the jurisdiction's general plan 'land use designation, as specified in any element as it existed on the date the application was deemed complete and the jurisdiction has adopted a housing element. . SB 2733 (Rosenthal), regarding minimum guidelines for safety standards for playground equipment, states new playgrounds must conform to regulations and upgrading of existing playgrounds must conform to the extent state funds are available. AB 2666 (Hansen), regarding fire safety standards, reinstates the ability of localities to establish fire safety regulations which exceed those of the State Fire Marshal as long as they are based on climatic, geological, or topographic conditions. AB 1375 (Costa), regarding additional security'for debt obligations from J. Dale Hawley November 21, 1990 Page 5 vehicle license fee revenues, allows cities to pledge vehicle license fee revenue as additional security for repayment of general obligation bonds. SB 2004 (Keene), regarding underground storage tanks, allows local governments to De eligible to receive financial assistance from an Underground Storage Tank Cleanup Fund and the changing of funding source for the cleanup fund. SB 1015 (Russell), regarding employers' contributions rates (PERS}, requires the assets of an employer (commencing July 1997) to be used in the determination of the employer contribution rate for the membership..comprising the basis of the computation and required assets held to. be Cecognized over the same funding period used to amortize unfunded accrued actuarial obligations. AB 3193 ('Polanco), regarding hazardous substances cleanup (redevelopment agencies), allows redevelopment agencies to take actions to remedy problems with hazardous substances on, under, or from property within the project area in accordance with approved cleanup or remedial plans, and provides that the agency is not liable with respect to their release under state laws concerning liability for hazardous substance release cleanup. (The bill gives cities both authority and some immunity.) AB 1279 (Hauser), regarding abatement of potentially hazardous buildings, institutes procedures and judicial remedies to enable a local enforcement agency to order a building identified as potentially hazardous to life in the event of an earthquake to be retrofitted to local building standards or to apply to the Superior Court for the appointment of a receiver to remove or remedy a building identified as potentially hazardous under existing law, pursuant to a court approved plan. SB 308 (Seymour), regarding infrastructure or financing districts, all'ows counties and cities to form infrastructure financing districts to finance public capital facilities utilizing a tax increment financing method. AB 4165 (Eastin), regarding public agencies, allows local governments to take contractors through a judicial arbitration process if there are disputes over contract charges. SB 929 (Seymour), regarding public works contracts, corrects problems with the requirement for hqving contractor license numbers on bid offerings. SB 2829 (Kopp), regarding maintenance effort requirements for local agencies (transportation and highways), clarifies that under Prop. 111-approved transportation finance package guidelines for the purposes of calculating the expenditures of any unrestricted funds which the city or county may expend at ' its discretion, will be included in the calculation of the general fund J. Dale Hawley November 21, 1990 Page 8 expenditures. The bill also gives the controller the authority to request information from cities and counties to confirm the average expenditures during the three fiscal years of 1987-88, 1988-89 and 1989-90. (This will. be a problem for cities; the League will try to adjust and clean it up.) AB 179! (Ka~z), regarding transportation congestion management plans, is intended to deal with several issues of the package approved by voters on June 5, 1990 and clarifes the intent behind the congestion management plan process. AB 4114 (Clute), regarding the abandoned vehicle program, provides for the establishment of "service authorities" for the abatement of abandone~ vehicles and the imposition of a fee for a period of no more than five jears after the date in which the service authority (which requires the approval of the county and a majority of cities having a majority of the incorporated population) is established. (This is essentially a good bill on a countywide basis.) In addition to state legislative issues, the Federal Government also passed a number of bills impacting cities. I have attached a copy of the bills which were distributed at the briefing. More recently, new storm water regulations were passed which are potentially costly for cities and require a management plan implementation within a year's time. The cable bill was defeated but will probably come back in another form. A legislative voting record is attached for your review. The League recommends that cities use this information to "build bridges" to legislators to represent city interests. If you have questions on any of the above or the attachments, please let me know. 'Attachments (m1121901) '- PAGE Display 1989-1990 Bill Text - INFORMATION BILL NUMBER: SB 2557 BILL TEXT CHAPTER 466 APPROVED BY GOVERNOR JULY 31, 1990. FILED WITH SECRETARY OF STATE JULY 31, 1990 PASSED THE SENATE JULY 28, 1990 PASSED THE ASSEMBLY JULY 28, 1990 AMENDED IN ASSEMBLY JULY 28, 1990 AMENDED IN ASSEMBLY JULY 27, 1990 INTRODUCED BY Senator Maddy MARCH 1, 1990 An act to amend Sections 77200 and 77201 of, and to add Article 12 (commencing with Section 29950) to Chapter 2 of Division 3 of Title 3 of, the Government Code, and to amend Section 97 of, to add Section 97.43 to, and to add Chapter 1.5 (commencing with Section 7284) to Part 1.7 of Division 2 of, the Revenue and Taxation Code, relating to local government financing. LEGISLATIVE COUNSEL'S DIGEST SB 2557, Maddy. Local government: financing. (1) Existing law provides for authorizations, procedures, and guidelines for the conduct of county financial affairs, including the imposition by counties of specified fees. Existing law does not currently authorize counties to impose fees upon other local agencies or colleges or universities for county costs incurred in processing or booking persons arrested by employees of other local agencies or colleges or universities and brought to county facilities for booking or detention. This bill would impose a state-mandated local program by authorizing a county to impose a fee upon other local agencies or colleges or universities for county costs incurred in processing or booking persons arrested by employees of other local agencies or colleges or universities and brought to county facilities for booking or detention. (2) Under the Brown-Presley Trial Court Funding Act, block grants of $53,000 per judicial officer per fiscal quarter are available to option counties for trial court funding. These sums .are adjusted each fiscal year by a percentage equal to the average percentage salary increase for the previous fiscal year for state employees. This bill would reduce the base trial court funding block grant to $44,944 per judicial officer per fiscal quarter for the 1990-91 fiscal year, would revise that amount for the 1991-92 fiscal year and fiscal.years thereafter, and would eliminate any adjustment for the 1990-91 fiscal year. The bill would authorize a county to reduce total expenditures by a specified amount for court operations in any year that the block grants are reduced. (3) Existing law provides for the allocation in each fiscal year of property tax revenues to local jurisdictions, and generally provides that each jurisdiction shall be allocated an amount equal to the amount of property tax revenue allocated to that jurisdiction in the prior fiscal year, as modified. This bill would provide, for purposes of property tax revenue allocations PAGE 2 Display 1989-1990 Bill Text - INFORMATION BILL NUMBER= SB 2557 BILL TEXT for the 1990-91 fiscal year, that the amount of property tax revenue deemed received by a county in the prior fiscal year shall be increased by property tax administrative costs attributable to incorporated cities within that county, as determined by the county auditor according to specified procedures. It would also authorize, as specified, the county auditor to determine property tax administrative costs proportionately attributable to local jurisdictions other than the county or city and county, and cities, and submit invoices to the relevant jurisdictions for those costs. By imposing additional duties upon county auditors in connection with the allocation of property tax revenues, this bill would impose a state-mandated local program. (4) Under existing property tax law, the auditor in each county with qualifying cities, as defined, is required to make property tax revenue allocations to those.cities in accordance with a specified tax equity allocation formula and to make corresponding reductions in the county's property tax revenue allocation. Qualifying cities include generally those cities which existed but did not levy a property tax in the 1977-78 fiscal year and those cities which incorporated prior to June 5, 1987, and had a property tax allocation for the 1987-88 fiscal year which is less than an amount which would have been received by applying a specified tax rate to its 1987-88 assessed value. This bill would provide, notwithstanding existing property tax revenue allocation provisions, that no qualifying city shall receive in the 1990-91 fiscal year a property tax revenue allocation which is greater than 90% of the allocation received by that city in the 1989-90 fiscal year. (5) Existing law currently provides that counties may impose sales and use, transactions and use, and certain other taxes, according to specified procedures and conditions. This bill would authorize the board of supervisors of any county to impose, subject to applicable voter approval requirements, taxes on business, and utility user taxes on specified services. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursUant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS= SECTION'1. Article 12 (commencing with Section 29550) is added to Chapter 2 of Division 3 of Title 3 of the Government Code, to read= PAGE 3 Display 1989-1990 Bill Text - INFORMATION BILL NUMBER: SB 2557 BILL TEXT Article 12. Criminal Justice Administrative Fee 29550. Notwithstanding any other provision of law, a county may impose a fee upon a city, special district, school district, community college district, college, or university for reimbursement of county expenses incurred with respect to the booking or other processing of persons arrested by an employee of that city, special district, school district, community college district, college, or university, where the arrested persons are brought to the county jail for booking or detention. The fee imposed by a county pursuant to this section shall not exceed the actual administrative costs, including applicable overhead costs as permitted by federal Circular A-87 standards, incurred in booking or otherwise processing arrested persons. A county may submit an invoice to a city, special district, school district, community college district, college, or university for these expenses incurred by the county on and after July 1, 1990. SEC. 2. Section 77200 of the Government Code is amended to read: 77200. (a) Except as provided in subdivisions (b) and (c) with respect to newly created judgeships, the Controller shall transmit to each option county quarterly payments on the block grant owing to that county based upon the number of judges, court commissioners, and referees in the county, as determined pursuant to Section 77202, multiplied each quarter by the following amounts: (1) For the 1990-91 fiscal year, the sum of forty-four thousand nine hundred forty-four dollars ($44,944). (2) For the 1991-92 fiscal year and each fiscal year thereafter, the sum of fifty thousand five hundred sixty-two dollars ($50,562), as adjusted pursuant to Section 77201. (b) With respect to judgeships authorized by Chapter 1211 of the Statutes of 1987, for any new judgeship in excess of 10 new judgeships for a particular option county, if the county's average quarterly appropriation for court operations for the 1987-88 fiscal year, as determined by the Controller, divided by the number of judges, referees, and court commissioners determined pursuant to Section 77202 for that year (the base year quarterly cost per judge), exceeds the applicable sum specified in subdivision (a) as adjusted pursuant to Section 77201 (the base year quarterly block grant), instead of the quarterly multiplier determined pursuant to..subdivision (a), the quarterly multiplier for each such new judgeship shall be: (1) For the first four quarters following the creation of that judgeship, the base year quarterly cost per judge. (2) For the second four quarters thereafter, the applicable sum specified in subdivision (a} as adjusted pursuant to Section 77201 (the standard current quarterly block grant), plus 75 percent of the difference between the base year quarterly cost per judge and the base year quarterly block grant. (3) For the third four quarters thereafter, the standard current quarterly block grant, plus 50 percent of the difference between the base year quarterly cost per judge and the base year quarterly block grant. (4) For the fourth four quarters thereafter, the standard current quarterly block grant, plus 25 percent of the difference between the base year quarterly cost per judge and the base year quarterly block grant. PAGE 4 Display 1989-1990 Bill Text - INFORMATION BILL NUMBER= SB 2557 BILL TEXT For purposes of this subdivision, a judgeship created upon the adoption of a resolution by the board of supervisors shall be deemed to be created in the quarter in which the resolution is adopted. (c) With respect to judgeships authorized by statutes which take effect on or after January 1, 1990, if the county's average quarterly appropriation for court operations for the fiscal year preceding the effective date of that statute, as determined by the Controller, reduced by the average quarterly.. amount of funds, if any, received during that fiscal year pursuant to Section 77207, divided by the number of judges, referees, and court commissioners determined pursuant to Section 77202 for that year (the base year quarterly cost per judge), exceeds the quarterly multiplier for the fiscal year in which the statute takes effect (the comparison year quarterly block grant), instead of the quarterly multiplier determined pursuant to subdivision (a), the quarterly multiplier for each such new judgeship shall be~ (1) For the first fiscal year following the effective date of the statute authorizing that judgeship, the base year quarterly cost per judge. (2) For the second fiscal year thereafter, the applicable sum specified in subdivision (a) for each quarter of the current fiscal year as adjusted pursuant to Section 77201 (the standard current quarterly block grant), plus 75 percent of the difference between the base year quarterly cost per judge and the comparison year quarterly block grant. (3) For the third fiscal year thereafter, the standard current quarterly block grant, plus 50 percent of the difference between the base year quarterly cost per judge and the comparison year quarterly block grant. (4) For the fourth fiscal year thereafter, the standard current quarterly block grant, plus 25 percent of the difference between between the base year quarterly cost ~er judge and the comparison year quarterly block grant. (d) In any year in which the block grants provided pursuant to subdivision (a) are reduced, a county may reduce total expenditures for court operations by an amount up to but not exceeding the total dollar amount of the reduction to the county in state block grant funding. (e) Quarterly payments shall be transmitted by the Controller on or before the 15th day of that quarter, except that payments for the quarter beginning January 1, 1989, shall be made no later than February 15, 1989. SEC. 3. Section 77201 of the Government Code is amended to read= 77201. (a) Except as provided in subdivisiOn (b), the sum set forth in subdivision (a) of Section 77200 shall be adjusted each fiscal year by a percentage equal to the average percentage salary increase for the previous fiscal year for California state employees, as determined pursuant to Section 68203, beginning with an.adjustment for the 1989-90 fiscal year based on the 1988-89 state employees' average percentage salary increase. (b) There shall be no such adjustment for the 1990-91 fiscal year. SEC. 4. Section 97 of the Revenue and Taxation Code is amended to read= 97. .Except as otherwise provided in Sections 97.3, 97.32, 97.35, 97.37, and 97.38 for the 1980-81 fiscal year and each fiscal year thereafter, property tax revenues shall be apportioned to each jurisdiction pursuant to this section and Section 97.5 by the county auditor, subject to allocation and payment of funds as provided for in subdivision (b) of Section 33670 of the Health and Safety Code, to each jurisdiction in the following manner= (a) Except as provided in subdivision (b), for each tax rate area, each PAGE 5 Display 1989-1990 Bill Text - INFORMATION BILL NUMBER: SB 2557 BILL TEXT jurisdiction shall be allocated an amount of property tax revenue equal to the amount of property tax revenue allocated pursuant to this chapter to each jurisdiction in the prior fiscal year, modified by any adjustments required by Section 99 or 99.4. (b) For each tax rate area, each special district shall be allocated an amount of property tax revenue equal to the amount of property tax revenue which would have been allocated pursuant to this chapter to such district in the prior fiscal year if no adjustment had been made pursuant to Section 98.6. This amount shall then be adjusted for the current year pursuant to Section 98.6. (c) The difference between the total amount of property tax revenue and the amounts allocated pursuant to subdivision (a) shall be allocated pursuant to Section 98, and shall be known as the 'annual tax increment.' (d) For purposes of this section, the amount of property tax revenue referred to in subdivision (a) shall not include amounts generated by the increased assessments under Chapter 3.5 (commencing with Section 75). (e) (1) Notwithstanding any other provision of law, for the 1990-91 fiscal year, for the purposes of the computations required by this section, the amount of property tax presumed to have been received by the county in the prior year shall be increased by the amount of 1989-90 property tax administrative costs proportionately attributable to incorporated cities as determined pursuant to paragraph (2). (2) The auditor shall determine the 1989-90 fiscal year property tax administrative costs proportionately attributable to incorporated cities by adding the 1989-90 fiscal year property tax-related costs of the assessor, tax collector, and auditor, including applicable administrative overhead costs as permitted by federal Circular A-87 standards, and multiplying the sum of those amounts by the ratio of property tax revenue received by all incorporated cities divided by the total property tax revenue for all local jurisdictions in the County for that fiscal year. (3) The county shall use the additional revenue received pursuant to this subdivision only to fund the actual costs of assessing, collecting, and allocating property taxes. At least once each fiscal year, the county auditor shall report the amount of these actual costs and allowable overhead costs to the legislative body and any other jurisdiction or person that request the information. To the extent that actual costs for assessing, collecting, and allocating property taxes plus allowable overhead costs are less than the amount determined pursuant to paragraph (2), the county auditor shall apportion the difference to each incorporated city as otherwise required by this section. (4) The county may retain up to one-half of any increased property tax allocation to which a jurisdiction may be otherwise entitled, until the county receives its additional revenues pursuant to this section. (5) It is the intent of the Legislature in enacting this subdivision to recognize that since the adoption of Article XIII A of the California Constitution by the voters, county governments have borne an unfair and disproportionate part of the financial burden of assessing, collecting, and allocating property tax revenues for cities. It is further the intent of the Legislature that the adjustments provided for by this subdivision shall constitute charges by a county for the assessment, collection, and allocation PAGE 6 Display 1989-1990 Bill Text - INFORMATION BILL NUMBER: SB 2557 BILL TEXT of property taxes and shall not exceed the actual costs reasonably borne by a county for those activities. (f) The auditor may determine the 1989-90 fiscal year property tax administrative costs proportionately attributable to local jurisdictions other than the county or city and county, and cities, by adding the property tax-related costs of the assessor, tax collector, and auditor, including applicable administrative overhead costs as permitted by federal Circular A-87 standards, and multiplying the sum of those amounts by the ratio of property tax revenue received by jurisdictions other than the county, city and county, and cities divided by the total property tax received by all local jurisdictions in the county for that fiscal year. Notwithstanding any other provision of law, this amount may be calculated for each fiscal year commencing with the 1989-90 fiscal year, and the auditor may, commencing in fiscal year 1990-91, submit an invoice to these jurisdictions for services rendered in the prior fiscal year. SEC. 5. Section 97.43 is added to the Revenue and Taxation Code, to read: 97.43. Notwithstanding any other provision of this article, a qualifying city shall not receive a property tax revenue allocation in the 1990-91 fiscal year which is greater than 90 percent of the allocation received by that qualifying city in the 1989-90 fiscal year. SEC. 6. Chapter 1.5 (commencing with Section 7284) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read: CHAPTER 1.5. COUNTY TAX LEVY POWERS AND LIMITATIONS 7284. (a) The board of supervisors of any county may license, for revenue and regulation, and fix the license tax upon, every kind of lawful business transacted in the unincorporated area of the county, including shows, exhibitions, and games. The board may provide for collection of the license tax by suit or otherwise. (b) Any board which imposes a license tax pursuant to subdivision (a) upon a business operating both within and outside the board's taxing jurisdiction shall levy the tax so that the measure, of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction. 7285. The board of supervisors of any county may levy a utility user tax on the consumption of electricity, gas, water, sewer, telephone, telegraph, and cable television services in the unincorporated area of the county. 7286. Any tax levied pursuant to this chapter shall be subject to any applicable voter'approval requirement imposed by any other provision of law. Revenues collected pursuant to any tax imposed pursuant to this section may be reserved for local purposes as determined by the board of supervisors of the county imposing the tax. SEC. 7. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), PAGE 7 Display 1989-1990 Bill Text - INFORMATION BILL NUMBER= SB 2557 BILL TEXT reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. California Cities Work Togelhe ~ 1400 K Street · Sacramento 95814 · (916) 444-5790 March 16, 1990 gAR *************************LA*** ACTIVITIES******************** ~ CiTY MANAG~ER'S OFFICE 1. Business License Tax. Exemption for any Business Operating in a City Less Than 80 Hours Per Year. AB 2779 (Lewis). Hearing: Assembly Local Govermnent Committee, Wednesday, March 21, 1990. Oppose - Urgent. 2. Transient Occupancy Tax. Precedent-Setting Program to Restrict Use of TOT Revenue. SB 2565 (Watson). Referred to Senate Rules Committee for Assignment to Policy Committee. Oppose. 3. State-Mandated Costs. Mandates Become Optional Unless Fully Funded bY State. ACA 1 (McClintock). Narrowly Defeated When Reconsidered by Assembly Elections, Reapportionment and Constitutional Amendments Committee, Wednesday, March 14, 1990. Defeated. 4. Mining. Surface Mining and Reclamation Act (SMARA). Measures Propose Changes. AB 3903 (Sher), AB 3551 (Sher), AB 4283 (Harvey), and AB 3468 (Frizzelle). Review & Comment. 5. Cable Television. Commission on Cable Television Proposed to Assist l~)cal Government. AB 3341 (Calderon). Pending in Assembly Utilities and Co,mmerce Committee. Review & Comment. 6. Solid Waste Recycling. AB 939 Clean-Up. AB 2593 (Sher). AB 3992 (Sher). AB 4193 (Sher). Discussions Continue. Information.~ 7. pending Release of Legislative Reports on New Towns and Regional Governance Interim Hearings. Information. 8. Changed Status of Bills Previously Reported. (a) SB 1250 (Torres). Seismic Safety. Retrofitting of Public Buildings. On June Ballot. Support. FEDERAL ACTIVITIES 9. Cable Legislation Revised. Update. Housing. HUD Secretary Kemp Reveals Housing Program. Information. Billboard Hearing. Information - Action. ~ wOPPOS E Transient Occut~ancv Tax. Precedent-Setting Program to Restrict Use-of ~OT Revenue. SB 2565 (Watson~, · R~ferred to Senate Rules Committee for Assignment to ~ ~ ~ Policy Committee. - arson has introduced a bill which would establish a pilot program ~i~g the Transie~ccupancy Tax (TOT). She introduced a similar approach in 1989 in SB 136-9. 5B 2565 wou~equire dedication of 10 per. cent of current revenues from the TOT, and 100 percent of any~"i~rease in the TOT. Th~s pilot program would be applied to .the Marina Del Rey area of ~eles County. Wh~to be, simply a p~rogram~ in the unincorporated area of Los A~~an_g~_r~_u_s pr.ece?4~.t. The Hotel/Motel Association, which ~ AB 2400..(Hannigan)tt~w0uld.have restricte, d TQ.T r,e.venues~ ~~ke to pursue a st"a. te~Mae program along tne nnes ot ~s clearly a case of'~e~,,qamel's nose under the tent," Which could subseqUently be expanded to apply throughout ~ate. resently in the nd hearing ~/~i~s-~i -the3 are known. In the meantime, cities may wish to indicate their'w, position to rti (Chair); William Craven (Vice Chair); Beverly, Mello, and Petris. 3. DEFEATED State-Mandated Costs. Mandates Become Optional Unless Fully Funded by State, ACA 1 (M¢Clintock): Narrowly Defeated When Reconsidered by Assembly Elections, Reapportionment and Constitutiona! Amendments Committee, Wednesday, March 14, '1990. When initially considered on February 28, ACA 1 fell one vote short of the necessary six votes for passage by the Assembly Elections, Reapportionment and Constitutional Amendments Committee. On a motion by Assembly Member Ted Lempert, the bill was granted reconsideration for March 14. Since four members were either absent or not voting, it was hoped that one of those members would vote "Yes" when reconsidered. When the roll call came on March 14, Assembly Member Lempert added his vote to the "Aye" column; however, Assembly Member Elder, who previously voted "Aye," was absent and ACA 1 once again fell one vote short. Voting "Aye" were Assembly Members Baker, Lempert, Mountjoy, Pringle, and Woodruff. "No" votes were Assembly Members'Chacon, . Bane, lsenberg, Klehs, and Maxine Waters. As indicated, Assembly Member Elder was absent. There was heavy opposition lobbying by the major public employee unions, who did not like... the idea that mandated state programs could become optional for loCal government if not adequately funded by the state. The unions have succeeded Over the years in lobbying' 3 March 16, 1990. special benefits as state-mandated legislation, thereby circumventing the local collective bargaining process. The unions feared that A(YA 1 could make some of their benefits or programs optional if the costs were not fully reimbursed by the state. ACA 1 would have required the state to reimburse local agencies for any new program or higher level of service mandated by the Legislature or a state agency. If the Commission on State Mandates determines that any new or existing mandate is insufficiently funded for reimbursement to local agencies, the mandate would become optional until full funding is provided. ACA 1 also would have required the state to reimburse local agencies for revenue losses resulting from limitation on, or exemption from, a charge, fee, assessment, or tax levied by a local agency; or any decrease or redistribution of state subventions which, are not offset by an equivalent reduction in mandated costs. While ACA 1 appears to be lost in the Legislature, the bill's author, Assembly Member McClintock, indicated that he has received a letter from Richard Gann (Paul Gann's son and successor to his organization) supporting ACA 1 and stating that should it fail in the Legislature, he intends to pursue an initiative measure to accomplish the same thing. (Referred to previously in Bulletin #9-1990.) 4. REVIEW & COMMENT Mining. Surface Mining and Reclamation Act (SMARA), Measures Propose Changes, AB 3903 (Sher), AB 3551. (Sher), AB 4283 (Harvey), and AB 3468 (Frizze.lle). In 1975, ;sed the Surface Mining and Reclamation Act of 1975 (SMARA). It addresses conservation and environmental protection issues that emerged in the early SMARA subsequently was amended five times between 1980 and 1987. In part, 5 uires a mining operation to prepare and submit to a lead agency a reclamation plan. flan must be approved by the State Mining and Geology Board no later than July 1, agencies can be cities or counties; currently 49 cities are designated lead agencies r SMARA (see below). · According to the State Department of questions have been raised by the Legislature and public as to how well ~ actually working. An initial report by DOC concludes that problem areas are largely ;tructural problems with SMARA, not a lack of good faith on the part of mining ot "lead" agencies or the state. So far this session, four bills have been introduced [ ~anges in SMARA. They are: AB 3903 (Sher); AB 3551 (Sher); AB 4283, (Harvey); AB 34 (Frizzelle). Several of them are obviously in spot bill form (short drafts as and will be expanded at a later date. Cities that are lead agencies, or that have an interest in SMARA, should each bill carefully and forward their comments to the League's Sacramento office. Inion to comments on individual bills, please comment on changes needed to improve 5 .nd issues you see as important to local government. Copies of. the four bills are directly on CITYLINK or by calling the Capitol Bill Room at 916/445-2323. 4 March 16, 1990 B ULLETIN "",--- - LEGISLATIVE / '~ I I~I~I' ~ ,, .mm Cities California Cities Work Together ~ 1400 K Street · Sacramento 95814 * (916) 444-5790 March 2, 1990 Reminder... Mayors and Council Members Legislative. Briefing/Reception Wednesday, March 28,~ 1990 Sacramento Don't forget this year's Legislative Briefing/Reception, which will be held March 28 in Sacramento in con[unction with the spring Polio. Committee meetings. Briefing announcements were mailed in mid-February. Additional copies are available from the League's Sacramento office. Be sure your city is well represented. ****************************** ACTIVITIES******************** 1. State-Mandated Costs.' Mandates Become Optional Unless Fully Funde, d by the State. ACA 1 (McClintock). Narrowly Defeated, But Up for Reconsideration by Assembly Elections, Reapportionment and Constitutional Amendments Committee on Wednesday, March 14, 1990. Support. 2. Gann Appropriations Limit. Proposition 111 Implementation Bill for Key Provisions Benefitting Cities. SB 88 (Garamendi). Conference Committee to Consider Draft Report on Wednesday, March 7, 1990. Support - Update. 3. Solid Waste. Integrated Waste Management Board. Local Government Technical Advisory Committee Proposed. SB 1998 (Bergeson). Referred to Both Senate Governmental Organization and. Natural Resources and Wildlife Committees. Support. 4. New Towns. AB 2879 (Cortese). Review & Comment. 5. Solid Waste. Recycling. AB 959 Issues. Waste Board Adopts Emergency Regulations. Legislative Proposals Circulate. More to Come. Update. 6. General Plan. Housing Elements. Local Agency Discretion Over Approval of LOw and Moderate Income Housing Projects. SB 2011 (L. Greene). Pending in Senate Local Government Committee. Oppose. 21. FEDERAL ACTIVITIES Drug Funding Clean Air Issues CDBG Cuts and Programmatic Changes Mandatory Medicare Coverage and Social Security Coverage for Uncovered Employees Cable Television Legislation LEGISLATIVE ACTIVITIES : 1. SUPPORT State-Mandated Costs. Mandates Become Optional Unless Fully Funded by the State. ACA 1 (McClintock). Narrowly Defeated, But Up for Reconsideration by Assembly Elections, Reapportionment and Constitutional Amendments Committee on Wednesday, March '14, 1990. ACA 1 would require the state to reimburse local agencies for any new program or higher level of service mandated by the Legislature or a state agency. If. the Commission on State Mandates determines that any new or existing mandate is insufficiently funded for reimbursement to local agencies, the mandate becomes optional until full funding is provided. ACA 1 also requires the state to reimburse local agencies for revenue losses resulting from any limitation on, or exemption from, a charge, fee, assessment, or tax levied by a local agency; or any decrease or redistribution of state subventions which are not offset by an equivalent reduction in mandated costs. On Wednesday, February 28, .ACA 1 was heard by the Assembly Elections Reapportionment and Constitutional Amendments Committee. After considerable debate, the vote was 5 to 2 in favor of ACA 1, but lacking one vote for the required 'six-vote majority. Voteing "Aye" were Assembly Members Baker, Elder, Mountjoy, Pripgle, and Woodruff. Voting "No" were Assembly Members Chacon and Klehs. Not voting were Assembly Members Bane and Lempert. Assembly Members Isenberg and Maxine. Waters were absent. ACA 1 was granted reconsideration and tentatively has been scheduled for 'anothe'r vote on Wednesday, March 14, 1990. Cities should immediately contact members of the Committee urging their support for ACA 1. Cities should particularly l~rge "Yes" votes from Assembly Members Bane and Lempert who abstained from voting, as well as Assembly Members Isenberg and Maxine Waters who were absent. 3 March 2, 1990 CA AB 4242 03/09/90 p ASSEMBLY BiLL No. 4242 Introdnced by Assembly Member Willie Brown March 2, 1990 i An act to amend Section 65302 of, to add Title 6.5 (commencing with · Section 62000) to, and to repeal and add Chapter 2 (commencing with Section 56325) of Part 2 of Division 3 of Title 5 of, the Government Code, to repeal Sections 40002 and 40003 of, to repeal and add Chapter 2 (commencing with Section 40100) of, and to repeal Chapter 3 ' (commencing with Section 40150), Chapter 4 (commencing with Section 40200), Chapter 5 (commencing with Section 40300), Chapter 5.5 (commencing with Section 40400), and Chapter 9 (commencing with Section 40900) of, Part 3 of Division 26 of, the Health and Safety Code, and to repeal and add Article I (commencing with Section 13200) of, and to repeal Article 2 (commencing with Section 13220) of, ' Chapter 4 of Division 7 Of the Water Code, relating to regional development and infrastructure planning. LEGISLATIVE COUNSEL'S DIGEST AB 4242, as introduced, W. Brown: Regional government. Existing law establishes within each county a local agency formation commission with specified powers over the organization and reorganization of local agencies with the intent of discouraging urban 'sprawl and encouraging the orderly formation and development of local agencies. Existing law authorizes the establishment of councils of government through the exercise of joint powers agreements for various purposes. Existing law establishes air pollution control districts and regional water quality control boards with specified powers. This bill would establish 7 specified geographic regions encompassing the state and would establish a regional development and infrastructure agency in each region. The bill would provide that the agency succeeds to the powers, duties, and responsibilities of the above agencies, within its region. By requiring the participation of cities, counties, and special districts in tile regional agency, this bill would impose a state-mandated loca] program. The bill would state the findings of the Legislature that growth problems incJuding traffic congestion, inadequate waste disposal and sewage capacity, lack of affordable housing, and deteriorating water and air quality, transcend existing local government boundaries. The CA AB 4242 03/09/90 Page 2 bill would state the declaration of the Legislature of the need to reorganize local government to create a means for regional action on regional problems. This bill would specify the procedures for the appointment and election of the agency board members and their terms, compensation, and powers. The bill would specify that the agency shall be the air quality control district for the regiou, the regional water quality control board and the regional transportation planning agency and that the board shall succeed to the powers and duties of the council of government, as specified, and to those of local agency formation commissions. This bill would require the agency to prepare, adopt, and maintain a regional general plan to contain correlated elements relating to air quality, water quality, transportation, housing, sphere of influence, and capital facilities, as specified. The bill would specify that the plans, ordinances, and regulations of local agencies shall be consistent with tile regional plan and rules and regulations of the agency. The bill would impose a state-mandated local program by requiring that any application by a local agency for financial assistance which relates to or substantially affects any matter within the scope of mandatory elements of the regional general plan shall be submitted to the agency board for approval. The bill would require that, on the date the agency board becomes the ex officio governing board of the various entities it replaces, all revenues which counties and cities provided to those entities shall be provided to the agency for its support, thereby imposing a state-mandated local program. The bill would make other provisions for employee and budget matters and recall of board members and would make conforming changes in existing law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that t'eimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $],000,000. This bJ]l would provide that no reimbursement sha]l be made from the State Mandates Claims Fund for costs mandated by the state pursuant to this act, but would recognize that local agencies and "' school districts may pursue any available remedies to seek reimbursement for these Costs. Vote: m~jority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. Tile people of the State of California do enact as follows: SECTION 1. Chapter 2 (commencing with Section 56325) of Part 2 of Division 3 of Title 5 of the Government Code is repealed. CA AB 4242 03/09/90 Page 3 SEC. 2. Chapter 2 (commencing with Section 56325) is added to Part 2 of Division 3 of Title 5 of the Government Code, to read: CHAPTER 2. FORMATION OF THE COMMISSION 56325. There is in each region, as defined in Section 62200, a local agency formation commission which is the regional development and infrastructure agency board established pursuant to Chapter 4 (commencing with Section 62250) of Title 6.5 and which succeeds to all powers, duties, and responsibilities of county local agency formation commissions within the region. SEC. 3. Title 6.5 (commencing with Section 62000) is added to the Government Code, to read: CHAPTER 1. LEGISLATIVE FINDINGS AND DECLARATIONS 62000. The Legislature finds that: (a) Explosive population growth in California has placed an increasing strain on existing public facilities, services, and resources. Traffic congestion, inadequate waste disposal and sewage capacity, deteriorating air and water quality, and a lack of affordable housing are some of the problems caused by unmanaged growth in urban and urbanizing areas of the state. (b) Because growth problems spill over into neighboring jurisdictions within a region, effective action to resolve these problems must transcend existing local government boundaries. (c) Because the method for distributing sales and property taxes encourages intergovernmental competition for revenue-producing development, voluntary cooperative efforts among neighboring jurisdictions have not been able to resolve the problems associated .with growth. (d) Voluntary cooperative agreements among local governments on growth problems have disintegrated when significant parties have withdrawn, conflicts have led to protracted bureaucratic fighting and litigation, or one party has attempted to dominate action under the , agreement. (e) Growth issues cross not only political boundaries but functional lines of responsibility as well. Because decisions meant to solve one growth policy problem often create problems in other policy areas, effective growth management must comprehensively balance competing and conflicting policy objectives. Therefore, because agencies in California operating on a regional scale are primarily singJe purpose, they are consequently incapable of making the complex tradeoffs inherent in decisions about growth. (f) In addition to the problem of single-purpose responsibility, regional agencies in the state are plagued by other shortcomings that compromise their effectiveness, including insufficient authority to CA AB 4242 03/09/90 Page 4 implement plans or require consistency among local general plans and regional goals, and dependence on local government members for fiscal and political support. 62001. The Legislature therefore declares that: (a) Changes in the institutions responsible for managing growth are necessary to cope with the population increases projected for the state through the end of the century and to sustain a desirable quality of life for all Californians. (b) Reorganizing local government to create the means for regional action on regional problems will achieve: economies of scale in infrastructure development, interjurisdictional cost equity where problems extend beyond legal jurisdictional boundaries, improved decisionmaking on siting locally undesirable developments of regional benefit, integrated and consistent planning, and more equitable tradeoffs in policy decisions where problems extend beyond the functional responsibilties of single-purpose-regional agencies. 62002. It is the intent of the Legislature to reorganize existing regional agencies and to reassign authority for their functions based on the following principles: (a) Horizontal consistency among the plans of local governments, including cities, counties, and special districts, within a region. (b) Vertical consistency between local and regional plans and objectives, and their implementation. (c) Functional comprehensiveness. (d) Equity in the provision of services. CHAPTER 2. DEFINITIONS 62100. The definitions contained in this chapter govern the construction of this title unless the context requires otherwise. 62101. "Agency" means the regional development and infrastucture agency. 62102. "Board" means the regional development and infrastructure agency board. 62103. "City" means any chartered or general law city and any other city or town incorporated.pursuant to law. 62104. "County" means any city and county and any chartered or general law county. 62105. "Developer" means any'private person or public agency undertaking a development. 62106. "Development"' means any material change in the use or CA AB 4242 03/09/90 Page 5 appearance of any land or structure. 62107. "Development ordinance" means an ordinance adopted by the regional board for the implementation of any regional plan adopted by the regional board. 62108. "Infrastructure" means all public facilities necessary to accomodate population growth, including, but not limited to, transportation infrastructure, sewage collection and treatment facilities, solid waste disposal facilities, and housing. 62109. "Legislative body" means the legislative or governing body of a county, city or special district. 62110. "Local agency" means a county, city, or special district. 62111. "Permit" means any permit authorized or required by ordinance of the regional board or legislative body of a local agency to be issued to a developer prior to the start of a development. 62112. "Plan" unless expressly limited includes any general plan, specific plan, or interim plan adopted by the regional board or the legislative body of any local agency. 62113. "Region" means an area defined in Chapter 3 (commencing with Section 62200). 62114. "Regional" means any matter substantially affecting the unincorporated or incorporated territory, inhabitants, or real or personal property, of two or more counties or cities, or any combination of counties and cities. 62115. "Regional board" means the governing body of the Regional Development and Infrastructure Agency. 62116. "Special district" means any public corporation, other than a county or a city, formed pursuant to general law or special act for the performance of governmental or proprietary functions within limited boundaries. CHAPTER 3. CREATION OF REGIONAL DEVELOPMENT AND INFRASTRUCTURE AGENCIES 62200. A Regional Development and Infrastructure Agency is hereby established in each of the following: (a) San Francisco Bay Area Region (b) San Diego Region (c) Los Angeles Region (d) South Central Coast Region (e) North Central Coast Region CA AB 4242 03/09/90 Page 6 (f) Sacramento Valley Region (g) Central Valley Region 62201 The San Francisco Bay Area Region consists of the area defined by the San Francisco Bay Area Air Basin in Section 60101 of Title 17 of the California Code of Regulations. 62202 The San Diego Region consists of the area defined by the San Diego Air Basin on January 1, ]990, in Section 60110 of Title 17 of the California Code of Regulations. 62203 The I. os Angeles Region consists of all area included within the boundaries of Los Angeles County, Orange County, Riverside County, San Bernadino County, Ventura County, and Imperial County. 62204 The South Central Coast Region consists of all area included within the boundaries of San Luis Obispo County and Santa Barbara County. 62205 The North Central Coast Region consists of the area defined by the North Central Coast Air Basin on January 1, 1990, in Section 60102 of Title 17 of the California Code of Regulations. 62206 The Sacramento Valley Region consists of all areas included within the boundaries of Sacramento County, Yolo County, Sutter County, Yuba County, and that portion of Placer County and Solano County .included within the boundaries of the Sacramento Valley Air Basin as defined on January 1; 1990, in Section 60106 of Title 17 of the California Code of Regulations. 62207. The Central Valley Region consists of the area defined by the San Joaquin Valley Air Basin on January 1, 1990, in Section 60107 of Title 17 of the California Code of Regulations. CHAPTER 4. SELECTION OF INITIAL BOARD MEMBERS 62250. The regional development and infrastructure agency board shall be the governing body of the agency, and its members shall be initially selected as provided in this chapter. Article 1. Appointment of Agency Board Members 62260. (a) Beginning January 1, 1993, the agency board shall be composed of ]1 members, five of whom shall be selected pursuant to this.article. (b) In addition to the 11 appointed and elected members of the agency board, three nonvoting advisory members shall be appointed as follows: one member shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, and one member shall be appointed by the President pro Tempore of the Senate. Any vacancies in these positions shall be filled in the same manner as the CA AB 4242 03/09/90 Page 7 original appointment. (C) All appointed agency members shall serve at the pleasure of the appointing authority for a period of not more than four years, except as specified in Sections 62264 and 62274. 62261. Two members shall be county supervisors and shall be selected by the county supervisors selection committee, which consists of the supervisors of the counties within the region. 62262. Two members sha]l be members of city councils and shall be selected by the city council member selection committee, which consists of the council members of the cities within the region. 62263. One member shall be a member of a special district board and shall be selected by the special district committee which consists of the chairpersons of the boards of the special districts within the region. 62264. (a) The term of office of the agency board members selected pursuant to Sections 62261, 62262, and 62263 shall commence on January 1, 1993, and shall be for four years. (b) Notwithstanding subdivision {a), the terms of one member initially appointed pursuant to Section 62261 and'one member initially appointed pursuant to Section 62262 shall be for two years. 62265. Successors to the board members whose term of office has expired shall be appointed as provided in Sections 62261, 62262, and 62263. 62266. Any vacancy among board members selected pursuant to this article shall be filled for the unexpired term by appointment made in the same manner as the original appointment. 62267. If any member selected pursuant to this article ceases to hold the county, city, or special district office he or she held at appointment to the agency board, his or her membership on the agency board is terminated. Article 2. Election of Agency Board Members Beginning January 1, 1993 62270. Beginning January 1, 1993, the agency board shall be composed of 11 members, six of whom shall be selected by election at large within the region. 62271. (a) An initial election to select the board members provided by this article shall be held, to be consolidated with the statewide general election on the third day of November 1992. The six candidates receiving the highest numbers of votes at the election shall be elected to the agency board. (b) Subsequent elections to select board members shall be held every two years and shall be consolidated with the statewide general election. CA AB 4242 03/09/90 Page 8 62272. As nearly as practicable board members shall be nominated and elected in accordance with the provisions of the Elections Code 'for general district elections held pursuant to the Uniform District Election Law as provided in Part 3 (commencing with Section 23500) of Division 12 of the Elections Code. 62273. Each candidate for the office of member of the agency board shall file with the county clerk of the county in which he or she resides nomination papers signed by not fewer 'than 30 registered voters residing in the region. Each board member, at the time of his or her nomination and election and during the term of his or her office, shall be a resident and registered voter of the region. 62274. The term of office of each board member elected in November 1992 shall begin at 12 noon on January 1, 1993. The term of office for elected board members shall be four years;.except that the initial term of office for board members shall be either two years or four years. At the regular meeting of the agency board in January 1993, it shall be determined by lot which three board members shall have terms expiring on January 1, 1995, and which three board members shall have terms of office expiring on January 1, 1997. 62275. Vacancies among board members selected pursuant to this article shall be filled in the same manner as vacancies on the board of supervisors as provided in Sections 25060 and 25061. CHAPTER 5. THE AGENCY BOARD 62300. The legislative and governing powers of the agency shall be vested in the agency board which shall constitute the legislative and governing body of the agency, and which shall exercise all powers of the agency, except as otherwise provided Jn this titJe. 62301. The clerk of the board shall inform each member of the time and place of the organizational meeting of the agency board. The ', orgnizational meeting of the agency board shall be held not less than 10 days, nor more than 60 days, after the effective date of this section, at a time and place to be designa[ed by ~he clerk of the board. 62302. The agency board shall elect from among its members a board ' chairperson and vice chairperson, and may elect any other officers it deems necessary from among its members. , 62303. The individual selected as chairperson shall serve for a term of four years, beginning at 12:00 o'clock noon on January 1, 1993. The indiVidual selected as chairperson shall devote substantial .,, time to tile duties of chairperson and to providing necessary and appropriate liaison with local, state, and federal agencies. His or her compensation shall be set by the agency board, and shall not CA AB 4242 03/09/90 Page 9 exceed dollars ($__) annually. In the event that the chairperson, during his or her term of office, also receives compensation as a city councilperson or county superVisor, the amount of compensation shall be included in determining the compensation authorized by this section. The chairperson shall be eligible to receive reimbursement for actual and necessary expenses as provided in Section 62308 but shall not receive the per diem compensation provided for board members by that section. 62304. A majority of the members of the agency board shall constitute a quorum for the transaction of business. However, a majority vote of the entire board is necessary to approve any matter before the agency board. 62305. The agency board may appoint an executive committee consisting of the chairperson of the board and not less than four, nor more than six other members of the agency board. The agency board may authorize the executive committee to exercise any powers possessed by the agency board, and shall, by resolution, specify those powers delegated to the executive committee. The executive committee shall exercise any powers delegated to it in substantially the same manner as may be provided by law for their exercise by the agency board. Any action taken by the executive committee may be amended or repealed by the agency board. 62306. The agency board may establish any committees of the board it deems advisable and shall specify the purposes and duties of each committee. 62307. The agency board shall, by resolution, establish the' location of its principal meeting place and fix the date and time of its regular meetings. However, the agency board shall meet at least once each month. 62308. Subject to conditions which the agency board may determine, each member of the agency board shall receive compensation of dollars ($ .) for each day or portion thereof devoted to attendance at board or committee meetings, or other official business of the agency; provided that the compensation shall not exceed dollars ($ ) during any calendar month.. In addition to the compensation provided by this section, board members shall receive the actual and necessary expenses incurred in the performance of official agency business. The board shall adopt rules specifying what constitutes official agency business for which actual and necessary expenses will be paid. 62309. The agency shall be deemed a local agency tinder the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), and shall be subject to the provisions of that act. CHAPTER 6. GENERAL POWERS AND DUTIES OF THE AGENCY CA AB 4242 03/09/90 Page 10 62400. Acts of the agency shall be expressed by the adoption of ordinances, resolutions, or motions. 62401.. The agency has and may exercise any express powers granted to it and any powers necessary to, implied in or incidental to those express powers. 62402. The agency may sue and be sued, except as otherwise provided by law, in all actions and proceedings and in all courts and tribunals of competent jurisdiction. 62403. The agency shall have power to contract or otherwise participate in, and to accept grants, funds, or services from the federal government, its agencies or instrumentalities in connection with any federal program relevant to its functions; and the agency shall similarly have the power to contract or otherwise participate in, and to accept grants, funds, or services from the state, or any agency or instrumentality thereof, or any city, county, civic organization or private person in connection with any program relevant to its function. 62404. The agency shall have power to establish and maintain those offices as are judged best to facilitate the accomplishment of the purposes of the agency, and to take by grant, purchase, devise, or gift, or to lease or rent. and to hold, use, and enjoy any property necessary or convenient to the establishment, maintenance, or operation of those offices, and to purchase, exchange, or dispose of property as is necessary or convenient for this purpose. 62405. The agency shall have power to contract with any person, firm, association, or corporation, or to contract for any other types of services necessary or convenient for carrying out the purposes of the agency. 62406. The agency may make, publish, and disseminate, by publication, posting, mailing or any other form of communication, any data and information which is relevant to regional affairs or to the operations, functions, and responsibilities of local and regional agencies and may sponsor conferences, workshops, programs, and lectures pertaining thereto. 62407. The agency may make any of its property or facilities available for the use of other public agencies, and may authorize its officers and personnel to furnish advice, assistance, or services to other public agencies. 62408. The agency shall enact an ordinance specifying the number, compensation, and general duties of personnel employed by the agency. 62409. Because of the comprehensive regional responsibilities required of the agency by this chapter, the agency, notwithstanding any other provision of law, shall be the air quality control district for the region, the regional water quality control board, and the regional transportation planning agency for the purpose of Artic]e 11 (commencing with Section 29530) of Chapter 2 of Division 3 of Title 3, and, in the case of the 'San Francisco Bay Region, for the purpose of CA AB 4242' 03/09/90 Page 11 Section 99302 of the Public Utilities Code and shall succeed to the powers and responsibilities of the predecessor agencies. The board shall also succeed to the powers and responsibilities of the councils of government established' pursuant to Section 6502 with respect to regional housing needs pursuant to Section 65584 and any other powers and responsibilities. The board shall succeed to the powers and duties of the local agency formation commissions within the region pursuant to Division 3 (commencing with Section 56000) of Title 5. The board shall also succeed .to the real and personal property and all other assets and liabilities of the predecessor agencies or districts described in this section. 62410. The agency board shall provide for regular audits of the fiscal affairs of the agency. Audits shall occur at least annually and shall show 'the exact financial condition of the agency as of the end of the period covered thereby. 62411. The agency, by agreement with any other public agency, may provide for the joint exercise of any powers common to the contracting parties, pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1. 62412. The agency board shall appoint individual standing committees to assist in the preparation and review of each respective element of the regional general plan required by Section 62500. The specific duties and purposes of each committee shall be defined by the agency board. Insofar as it is practicable,, the membership of the committees shall include: (a) Appointed or elected officials of federal, state, and local agencies which have the responsibility for providing governmental services related to the respective plan elements. (b) Members of the general public having interests, experience, or expertise related to the respective plan elements. (c) Members of the agency board. 62413. The board shall review within the region all developments of regional impact as determined by regulations of the Office of Planning and Research or under the California Environmental Quality Act Division 13 (commencing with Section' 21000) of the Public Resources Code and approve, in whole or in part, or disapprove the development. 62414. The board shall issue and enforce regulations concerning fair share allocations of developments of regional benefit including, but not limited to, low- and moderate- income housing, solid waste disposal facilities, and sewage treatment facilities. The board shall develop regulations concerning methods for determining fair. share allocations including, but not limited to', compensation in various .,~ forms among local agencies. 62415. In addition to any other requirements of .law, the board shall review and approve, in whole or in part, or disapprove all county and regional solid waste plans prepared pursuant to Article 2 CA AB 4242 03/09/90 Page 12 (commencing with Section 66780) of Chapter 2 of Title 7.2. 62416. The agency board may provide for the appointment of additional standing committees as may be necessary or desirable. The board shall specify the purposes, duties, and membership of each committee. Membership on additional standing committees shall be open to appropriate federal, state and local officials, and members of the general public, as may be determined by the agency board. 62417. Subject to conditions as the board may determine, the members of each standing committee appointed by the agency board shall be reimbursed for actual and necessary expenses incurred in connection with the duties and responsibilities of the committee, and the board may establish a per diem amount, not to exceed w__ dollars ($___) per meeting or ___ dollars ($ ) per calendar month, to represent the reimbursement. However, any member of the agency board claiming reimbursement for expenses pursuant to the provisions of'Section 62308 ,. shall not be reimbursed for expenses pursuant to this section. CHAPTER 7. THE REGIONAL GENERAL PLAN 62500. The agency shall prepare, adopt, and maintain a regional general plan, which shall be in accordance with the goals and objectives provided in Sections 62001 and 62002. The regional plan shall be prepared, adopted, maintained, reviewed, and revised as provided in this chapter. 62501. The regional genera] plan shall contain at least the following correlated elements prepared in accordance with Section 62502 to 62505, inclusive: (a) An air quality'element for the integrated development, management, and control of the air resources of the region. This element shall comply with the plans, policies, and requirements established by the State Air Resources Board pursuant to provisions of the Health and Safety Code, for the protection of ambient air quality within the state. The emission requirements, and rules and regulations established by the predecessor air pollution control district pursuant to Part 3 (commencing with Section 40000) of Division 26 of the Health and Safety Code, shall be the initial emission requirements, and rules and regulations for the air quality element of the regional plan required by this section. (b) A water quality element for the integrated development, management, and control of the water resources of the region. This element shall comp].y with the plans, policies, and requirements established by the State Water Resources Control Board pursuant to provisions of the Water Code,.for the protection of the quality of water of the state. The "water quality management plans" prepared pursuant to Article (commencing with Section 13240) of Division 7 of the Water Code, for all the areas within the region shall be the initial water quality CA AB 4242 03/09/90 Page 13 element of the regional plan required by this section. (c) A transportation element for the development and management of 'an integrated regional system of transportation of persons and goods within the region, including (1) the regional highway system, (2) bridges, tunnels, tubes or other crossings for highways or rapid transit, (3) transit and mass transit systems, (4) airports, seaports, and (5) any related facilities. The "regional transportation plan" prepared pursuant to Section 65080, shall be the initial transportation element of the regional general plan required by this section. The transportation element prepared pursuant to this subdivision shall be the regional transportation plan required by Chapter 2.5 (commencing with Section 65080) of Title 7, and shall co~ply with the provisions thereof. (d) A housing element identifying housing needs within the region. (e) A sphere of influence element for the region which identifies urban service boundaries based on the determinations required in Section 56425 with respect to' the region. (f) A capita] facilities element which shall assess the existing regional infrastructure, identify regional capital facilities needs and identify opportunities for economics to be realized in the provision of capital facilities in the areas of shared use, sitings, financing, and operation. 62502. The initial regional genera], plan, containing all the elements specified in Section 62501, and the matters described in Sections 62503, 62504, and 62505, shall be adopted no later than from the date of the organizational meeting of the first agency board. Each individual element specified in Section 62501 may be adopted at any time during the period. In addition, the agency may, as it'deems necessary and appropriate, provide by ordinance for the inclusion of additional elements in the regional plan. 62503. In accordance with the goals and objectives specified in Sections 62001 and 62002, the regional general plan, and each individual element thereof, shall consider and seek to harmonize the needs of the entire region, the plans of local agencies within the region and the plans or planning activities of federal,.state and other governmental or nongovernmental agencies, and organizations which affect or are concerned with planning and development for the region. The elements of the regional plan adopted by the agency shall be related to and consistent with each other. 62504. The regional general plan shall include statements, based on studies as comprehensive as feasible, concerning the following factors relevant to the region: (a) Population and population distribution by age, educational CA A8 4242 03/09/90 Page 14 level, income, empl. oyment, race, and other relevant characteristics. (b) Amounts, types, levels, and general locations of commercial and industrial activities.' (c) Amounts, types, quality, and general locations of housing units. (d) 6eneral location and extent of major transportation, utility and regional facilities and the plans, if any, of other public agencies to provide those facilities. (e) Amounts, general locations, and intensities of land uses by categories such as agricultural, commercia], industrial, residential, recreational and open space, and the patterns of relationships between the different categories. The statements relating to open-space land use shall identify areas which should be left in an open condition by reason of their status as: flood plains, steep slopes, earthquake fault zones or other hazardous areas which are not suitable for development in the absence of precautionary measures, which will reduce the level of risk to that comparable with adjoining, nonhazardous areas, watershed lands,' lands suitable for the production of food and fiber, including food and fiber which cannot be easily produced in alternate locations; lands of scenic value; lands which provide significant habitat for animal life or sites for plant life which is indigenous to the region; and lands which are suitable for regional park and recreation purposes. (f) Areas, sites, or structures of aesthetic, historic, educational, or recreational quality or usefulness. (g) Natural resources, including air, water, forests, soils, rivers and other waters, waterfronts, shore]ines, fisheries, wildlife, and minerals. The statements shall identify the present conditions and the major problems relating to development, physical deterioration, and the location of activities that use land and the environmental, social, and economic effects thereof. The statements shall show the projected nature and rate of change in present conditions for the reasonably foreseeable future in the absence of new governmental action and the probable environmental, social, and economic consequences which will result from these changes. 62505. The regional general plan shall include a list of specific policies and programs necessary to achieve the goals and objectives of the plan, and to obviate or resolve the major problems identified pursuant to Section 62504. These programs shall include all of the following: (a) An immediate and long-range program of recommended public actions, including state legislation, enactment of Ordinances, preparation of detailed specific plans for areas within the region, and expenditure of public funds, to be undertaken by appropriate pub]lc agencies in order to achieve the objectives, policies, and CA AB 4242 03/09/90 Page 15 standards of the plan and the individual elements thereof. (b) Estimates of the amounts, types, characteristics, and general locations of land to be acquired by public agencies, and the regional facilities to be provided by public agencies in order to carry out the immediate and long-range programs of public actions, and an estimate of the number of persons and activities to be displaced thereby, the consequences of displacement and the provisions, if any, to be undertaken to relocate them. (c) A statement of types of development controls and general provisions thereof which are recommended for enactment in order to achieve the objectives and implement the policies of the regional general plan and the individual elements thereof. The statement shall include estimates of the costs of administering and implementing these controls,, including the number and types of personnel required therefor. (d) Estimates of the costs of acquisitions, development, and enforcement of development controls necessary to implement the immediate and long-range programs of public actions, and a statement of sources of the public funds of all types which are, will be, or could be made, available for those purposes. (e) An estimate of the environmental, social, and economic consequences of the immediate and long-range programs of public actions, including the impact on population distribution by characteristics and .income, employment, and economic conditions within the region and an evaluation, to the extent feasible, of the consequences of alternative programs of public action. (f) A statement of the assumptions regarding private development, and future development for public use by public agencies upon which the immediate and long-range programs are based. 62506. The agency may amend or repeal all or any part of the regional general plan, or any element thereof, and may adopt all or any part of a new regional general plan or element thereof. The agency director and the agency board shall continuously review the regional ~Ieneral plan and the various elements thereof and shall prepare those changes deemed advisable. 62507. The agency board may, by resolution, direct the agency director to prepare, or cause to be prepared, and submit for board approval, all or any part of the regional general plan or any amendment thereof. The resolution shall describe in brief and general terms the nature, location, and extent of the proposed plan or amendment to be prepared by the agency director. The agency director, on his or her own initiative, may prepare and submit to the agency board proposed amendments to the regional general plan. 62508. Prior to adopting the plan, any element thereof, or any amendment thereto, the board shall, by resolution, provide for a hearing by the board on the question of whether the proposed plan, element thereof, or amendment thereto, should be approved and adopted by the board. CA AB 4242 03/09/90 Page 16 62509. Any resolution adopted pursuant to Section 62508 providing for a hearing shall do all of the following: (a) Concisely summarize the substance of the proposed plan, element thereof or amendment, and refer to the same on file with the agency director, for a full and complete description thereof. (b) Indicate where the proposed plan, element thereof or amendment may be' examined and where copies thereof may be obtained. (c) Fix a tim~, not less than 30 days or more than 75 days after adoption of the resolution, and the place of hearing by the agency board on the question of whether the proposed plan, element thereof or amendment, should be approved and adopted by the board. The board shall cause notice of a hearing held pursuant 'to Section 62508 to be published pursuant to Section 6061 in a newspaper, or newspapers, of general circulation published in the region. Publication shall occur at least three weeks prior to the date of the hearing. The board shall also cause to be mailed n~tice of the hearing to each county and city within the region, and to any other public agency or private person who shall have filed a written request for mailed notice with the board. The mailing shall occur at least three weeks prior to the date of the hearing. 62510. At the conclusion of a hearing held pursuant to Section 62508,'the board may wholly or partially, with or without modification, approve or'disapprove the proposed regional general' plan, element thereof, or amendment thereto. The board shall approve and adopt the plan, any element thereof, or amendment thereto by ordinance. 62511. The board may, by resolution, authorize the agency director to specify regional data, including projections of population growth and economic activity, recommended to be employed by local agencies in the preparation of local plans and ordinances or regulations relating to p]anning~ or relating to the regulation and control of development or of preexisting uses or structures. 62512. Upon written request by the agency director, the officers of each local agency shall furnish lists of or make available to the director full and complete information concerning the nature and extent of all existing local plans and ordinances and regulations relating to planning or 'to the regulation and control of development which may have a direct or substantial effect upon any of the matters covered by the mandatory elements of the regional general plan specified in Section 62501. 625~3. The agency shall adopt an ordinance designating, or authorizing the agency director to designate, those existing plans, ordinances, and regulations of each local agency, certified copies of which shall be filed with the director pursuant to Section 62502. The agency director shall mail written notice to each local agency designating the instruments, certified copies of which shall be filed with the director. The Certified copies shall be filed with the CA AB 4242 03/09/90 Page 17 director no later than 30 days after the mailing of the notice or on or before any later date the director may authorize. 6251.4. Any local agency proposing 'to adopt or amend any local plan or any ordinance or regulation pertaining to planning or pertaining to the regulation and control of deve].opment in a manner which has a direct or substantial effect on any of the matters covered by the mandatory elements of the regional general plan specified in Section 62501, shall mail written notice thereof to the agency director at least 30 days prior to the date of adoption or amendment thereof. 62515. To facilitate further the effective and harmonious planning of the agency, the agency may request from the federal or state government, or agencies and instrumentalities thereof, and from private organizations, agencies, or individuals, copies of plans, maps, reports and other documents which are related to regional planning. 62516. The agency shall submit to the legislative bodies and to the planning agencies of all of the counties, cities, to the Legislature, to the Office of Planning and Research, and to other governmental agencies and instrumentalities, official representatives, other agencies, organizations and individuals, public or private, in the district which are designated by the board, an annual report on or before tile first day of March. The annual report shall contain a report on the status of the regional general plan, and descriptions of those sections of the regional general plan which have been amended, revised, added, or deleted during the preceding year, and a brief report of other major activities. CHAPTER 8. EFFECTUATION OF THE REGIONAL GENERAL PLAN 62550. This chapter shall apply only to the elements of the regional general plan designated in Section 62502. The agency, by one or more ordinances, shall prescribe rules and regulations, which shall be complied with by affected private persons, and in any plans, , ordinances, and regulations of a local agency relating to planning or to the regulation and control of development. These ordinances shall be enacted during the time the regional general plan and the individual elements thereof are under preparation as well as after the plan and the elements thereof have been adopted. The board shall, by resolution, provide for a hearing by the board on the adoption or amendment of any ordinance authorized by this section. The resolution shall summarize the substance of the proposed ordinance or amendment, shall indicate where copies thereof may be obtained, and shall fix a date and time, not less than 21 days nor more than 60 days, from the adoption of the resolution, when the hearing shall be held. Notice of the hearing shall be given as provided in Section 62509. 62551. In accordance with the policy stated in Sections 62000, 62001, 62002, the rules and regulations adopted pursuant to this title shall be limited to those specific matters which have a direct and substantial effect upon the accomplishment of the objectives and CA AB 4242 03/09/90 Page 18 policies of the regional general plan or individual elements thereof, and shall be no broader nor more stringent than is reasonably necessary for the accomplishment of the regional objectives and policies. 62552. The plans of all local agencies shall be consistent with any regional rules or regulations prescribed pursuant to Sections 62550 and 62551. The board shall review all local general plans as defined in Section 65302. When the board has made a determination that a general plan or an element is consistent with the regional general plan the determination may be appealed only for reasons and within time periods as the board shall adopt by rules and regulations. 62553. The ordinances Or regulations of all local agencies regulating and controlling development shall be consistent with the regional rules and regulations of the agency prescribed pursuant to Sections 62550 and 62551. 62554. The rules and regulations based on the air-quality element of the regional plan shall include the specific air quality emission requirements prepared as part of the element pursuant to Section 62501. 62555. If the agency director concludes that there is any inconsistency between the rules and regulations prescribed by the · agency and the provisions of any existing or proposed ordinance or regulation of a local agency, the director shall mail a written notice of nonconformity to the local agency. The director shall notify any affected private persons of any inconsistency in the same manner. The notice of nonconformity shall identify the inconsistency and contain a statement of facts and reasons supporting the director's conclusion of inconsistency. 62556. Within 90 days after the mailing of 'the notice of nonconformity pursuant to Section 62553 or within an additional time as the agency director may authorize, the local agency or affected private person shall either take steps necessary to eliminate the inconsistency, or file an application with the director requesting a hearing and determination by the board on the question of inc'onsistency. Any application shall conta.in a statement of facts and reasons supporting the conclusion that there is no inconsistency. 62557. Upon the filing with the agency director of an application requesting a hearing and determination by ~he agency board on the question of inconsistencY, the director shall fix a time and place of hearing on the question and mail written notice thereof to the local agency or affected private person. The date of the hearing shall be at least 15 days after the date of mailing of the notice. 62558. At the hearing the board shall consider the agency director's written notice of nonconformity and the application for a hearing. The board shall receive evidence from the director, authorized representatives of the local agency, and any other interested public agency or private person. At the conclusion of the hearing, if the board is of the opinion that an inconsistency exists, the board may adopt an order directing the local agency to cease and CA AB 4242 03/09/90 Page 19 desist from enforcing, maintaining or acting pursuant to any inconsistent provisions of any existing plan, ordinance, or regUlation of tile agency or from adopting any proposed plan, ordinance, regulation, or any amendment thereof, containing inconsistent provisions. In the case of a private person, the order shall direct the private person to cease and desist from the specific action found to be inconsistent. Any violation of a cease and desist order may be enjoined by the superior court in any county on application of the agency. Injunctive proceedings shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required in any action commenced by the agency. A majority vote of the board shall be required to adopt a cease and desist order with respect to a rule or regulation based on any element of the regional plan or initial plan which has been adopted by the agency pursuant to the provisions of Chapter 7 (commencing with Section 62500). 62559. Tile provisions of this chapter shall not apply to any city, county, or city and county within the region with respect to state highway location therein. 62560. The adoption by the agency of any plan or ordinance authorized by this chapter or Chapter 7 (commencing with Section 62500) shall not preclude the adoption by a local agency of any plan or any ordinances or regulations affecting any of the mandatory elements of the regional plan specified in Section 62501. Each local plan, ordinance, or regulation, however, shall be subject to the provisions of t~is chapter. CHAPTER 9. REVIEW OF APPLICATIONS FOR FINANCIAL ASSISTANCE 62580. As used in this chapter, "financial assistance" means financial assistance extended to any local agency by the state or federal governments or any other public agency, including grants and contractual arrangements, such as loans, loan guarantees, insurance and any other form of financial assistance, but shall not include financial assistance extended by one local agency to another local agency. 62581. If any application by a local agency for financial assistance relates to or substantially affects any matter within the scope of any of the mandatory elements of tile regional general plan, as set forth in Section 62501, the application shall be submitted to the board for approval not later than 30 days prior to the date on which it is submitted to the agency from whom financial assistance is proposed to be requested. In approving or disapproving any application, the board shall take the following factors into account: (a) Whether tile project or purpose for which financial assistance is requested is consistent with tile regional general plan. (b) The relative priority of the project or purpose with respect to other projects or purposes for which financial assistance is being or CA AB 4242 03/09/90 Page 20 may be sought by other public agencies. , (c.) Any other factors deemed to be relevant. The agency may snbmit comments and recommendations concerning the application to the applicant and to the agency from whom financial assistance is requested. The agency is designated as the agency authorized to approve or disapprove any applications for financial assistance from the state or federal governments which are required to be reviewed by an areawide agency designated to perform metropolitan or regional planning. 62582. The agency shall adopt an o,-dinance prescribing a procedure and providing standards and criteria to be followed in reviewing applications for financial assistance and the making of comments and recommendations thereon. The ordinance may exempt from review certain classes of applications described by amount, project, purpose of assistance sought, or other relevant cl'iteria. The ordinance may authorize the agency director to review, comment or make recommendations upon certain classes of applications. CHAPTER 10. AGENCY OFFICERS AND E~IPLOYEES 62600. The agency board shall appoint, prescribe the compensation for, and may remove at any time, an agency director and a legal counsel. As an alternative to employing a separate legal counsel, or as a supplement thereto, the agency board may contract with the Attorney General of the State of California for appropriate legal services. 62601. The agency director shall be the chief administrative and planning officer. The director shall., subject to policies established by ordinance of the board, do all of the following: (a) Direct and administer the preparation, general maintenance, regular review, and revision of the regional general plan, and administer and execute all of the other functions and duties of the agency as set forth in this title. (b) Appoint and remove personnel of the agency, with the exception of.the legal counsel. (c) Serve, or designate personnel to serve, as executive secretary to the board. (d) Perform other duties and exercise other powers as the board may delegate to him or her. 62602. In enacting the personnel ordinance required by. Section 62408 the agency shall consider the availability of personnel employed by the local councils of government air pollution control districts, regional water qoality control boards, regional transportation agencies, local agency formation commissions, and other appropriate agencies who, by reason.of their employment, possess the CA AB 4242 03/09/90 Page 21 administrative and technical skills necessary to staff a regional development and infrastructure agency. 62603. When the agency board, becomes the ex officio governing body of air pollution control districts, regional water quality control boards, regional transportation agencies, local agency formation commissions, the agency director shall, immediately and automatically, become the executive director or other chief administrator of those entities and shall exercise the respective powers and duties of those offices. The agency director shall appoint those deputies as may be necessary to manage the day-to-day operations of those agencies. The agency director may authorize those persons to exercise any of the powers and duties which he or she is required to exercise pursuant to this section. The appointment of those persons shall be subject to confirmation by the agency board, llowever, after those persons have been confirmed by the agency board, 'they shall serve at the pleasure of the agency director and shall be directly responsible to him or her. 62604. The legal counsel shall be responsible to the agency board and shall provide those legal services to the agency as the agency may require or as are required by law. CIlAPTER 11. FINANCIAL PROVISIONS 62650. On the date that the agency board becomes the ex officio governing board of the various entitles that agency replaces pursuant to this title all revenues which counties and cities provided to those entities shall be provided to the agency for its support. Counties and 'cities shall contribute no less than the amount they provided in 1989-90 fiscal year and shall annually increase contributions indexed to the increase in each year's county or city budget over the 1989-90 budget. 62651. The fiscal year of the agency shall begin on July I of each year and end upon June 30 of the following year. 62652. At that time that the agency board may prescribe, but not later than the first regular meeting of the board in May of each year, the agency director shall prepare and submit to the board a budget estimate of the expense of conducting the agency for the ensuing fiscal year. 62653. The budget estimate shall be in a form as the agency board may prescribe. The budget estimate shall contain a summary of the fiscal policy of the agency for the budget year and shall include data showing the relation between the total proposed expenditures and the total anticipated income or other means of financing the budget for the ensuing fiscal year, contrasted with the corresponding data for the current fiscal year. The budget estimate shall also contain a statement of the resources of the general reserve fund to be carried over to the ensuing fiscal year. The budget estimate may include an unappropriated balance item to be available for appropriation in the CA AB 4242 03/09/90 Page 22 ensuing fiscal year to meet unforseen contingencies,.other than contingencies resulting from temporary insufficiencies in the revenues of the agency. 62654. After submission of the budget estimate, the agency board shall fix a time and place for hearing by the board thereon. The agency director shall cause notice of the hearing to be published pursuant to Section 6061 in a newspaper, or newspapers, of general circulation published in the region. The director shall also cause to be mailed notice of the hearing to each county and city within the region and to any other public agency or private person who shall have filed a written request for such notice with the board. Notice required pursuant to this section shall be given at ]east 15 days prior to the date set for the hearing. 62655. At the budget hearing, the agency board may increase or decrease any item in the budget estimate and may delete any item therefrom or add any new item thereto. 62656. Upon the conclusion of the hearing and not later than June 30, the agency board shall approve by ordinance the budget estimate, as submitted by the agency director or as revised by the board, and thereupon the same shall constitUte the final budget for the ensuing fiscal year. 62657. The several items of the final budget shall be deemed appropriated for the ensuing fiscal year in the amounts and for the purposes specified in 'the final budget ordinance, unless altered or modified pursuant to Section 62655. 62658. For the purpose of providing against temporary insufficiencies in the revenues of the agency and of keeping the payment of the operating expenses of~the agency on a cash basis, tile agency shall cause to be created and maintained in the regional treasury a permanent revolving fund known and designated as the "General Reserve Fund." The fund shall be maintained in such amount as the agency may specJ, fy but shall be sufficient to meet ail estfmated demands against the treasury for a period of not less than three months or more than s~x months. 62659. If at any time the revenues of the agency shall be insufficient to pay any demand against the agency treasury, as the same becomes due and payable, the agency director may transfer moneys from the Genera] Reserve'Fund to the fund or account in the treasury from which any such demand is payable. Any amount so transferred shall be deemed a loan to the fund or account to which transferred and, upon receipt of revenues, the director shall retransfer such amount to the Genera] Reserve Fund. CIIAPTER 12. RECALL OF BOARD MEMBERS 62700. Any member of the agency board may be recalled pursuant to the provisions of this chapter. Any board member may be recalled if a sufficient petition for his or her recall is presented to the agency CA AB 4242 03/09/90 Page 23 director at any time after six months from the commencement of his Or her term of office and prior to six months before the expiration of his or her term of office. A separate petition is necessary to propose 'the recall of each board member. 62701. Before circulating any petition, the proponents shall file with the agency director a circulation notice declaring their intention to circulate the petition. The circulation notice shall set forth the request to be made in the petition and contain a statement, not exceeding 500 words, ~f the reasons for the proposed petition. The statement is intended solely for the information of voters and no insufficiency or inaccuracy therein shall affect the validity of the petition nor any election held pursuant thereto. 62702. After the filing with the agency director of a circulation notice, the proponents shall cause the notice to be published in a newspaper of general circulation, circulating within the affected election district. The proponents shall file an affidavit of publication of the notice with the agency director not later than 10 days after the last publication. Fifteen days after the last publication, the petition for recall may be circulated. 62703. Within 10 days after the filing of a circulation notice, the agency director shall give mailed notice of the filing to the county clerk of each county. The notice shall indicate the request to be made in the petition and the date of filing the circulation notice. 62704. Any board member proposed to be recalled may file an answer, not exceeding 500 words in length, with the agency director answering any statement of reasons contained in the circulation notice. The board member, at his or her own expense, may cause the answer to be published, in which case he or she shall file affidavits of publication thereof with the agency director. 62705. A petition may be circulated as a single instrument or in separate counterparts. The petition shall contain a copy of the circulation notice. The petition shall skate the name of the board member sought ko be recalled. 62706. Each recall petition or counterpart shall have printed across the top of the first page in at least 12-point boldface type: "Petition for Recall of Board Member, Regional Development and Infrastructure Agency." 62707. No petition or supplemental petition shall be accepted for filing by any county clerk unless all signatures thereon were affirmed within 180 days after the date of filing with the agency director of the circulation notice. 62708. The circulator of a petition shall be a registered voter and resident of the region. 62709. Each signer of a petition shall sign his or her signature and affix the date thereof and his or her place of residence., giving the street and number or a designation sufficient to enable his or her place of re. sidence to be readily ascertained. Prior to filing the CA AB 4242 03/09/90 Page 24 petition', the name or number of the election precinct in which each sJgne~ resides shall be added thereto. 62710. The circulator of each petition shall attach his or her affidavit thereto stating, according to information and belief, that: (a) Each signature appearing on the petition is the genuine signature of the person whose name it purports to be. (b) Each signer, at the time of his or her signature, was a resident of the region and a registered voter of the county. (c) The circulator personally observed each signer as he or she signed his or her signature and affixed the date thereof and his or her residence address. , 627]1. The petition shall be filed with the county clerk of the county within which it was circulated. All counterparts circulated in any county shall be filed at the same time. 62712. Upon the filing of a petition, the county clerk shall examine the petition and determine, from the records of registration, the number of residents of the region and registered voters within the county who have signed the petition. 62713. Within 20 days after the filing of a petition, the county clerk shall complete his or her examination of the petition, shall execute his or her certificate showing the result of his or her examination and shall transmit the certificate to the agency director together with a certified copy of the petition. The copy need not contain any of the signatures or names appearing on the original petition. 62714. Within 30 days after tile county clerk shall have transmitted a certified copy of the original petition and his or her other certificate pertaining thereto, a supplemental petition identical to the original, but containing additional signatures, may be filed with the county clerk. Within 10 days thereafter, the county clerk shall examine the same, execute his or her certificate showing ,. , the results of the examination and transmit the certificate to the agency director, together with a certified copy of the supplemental petition. 62715. The county clerk shall retain a copy of each certificate executed by him or her and all original petitions and supplemental petitions with their respective signatures and names. The petitions shall be retained on file for one year, after which they may be destroyed unless they are material to some action or proceeding then pending. 62716. ir a recall petition is signed by voters numbering more than 5 percent of the entire vote cast within the designated election district for all candidates for Governor at the last gubernatorial election, the agency director shall present the petition to the agency board. Within 10 days thereafter the agency board shall call a special election within the designated election district to determine whether .,I CA AB 4242 03/09/90 Page 25 the incumbent board member shall be recalled. 62717. The agency board shall call any special election required as a result of the presentation to it of a sufficient petition. The e]ection shall be called in accordance with the general provisions of the Elections Code applicable to the calling of special elections for cities and counties. 62718. The ballots, in addition to matters otherwise required by law, shall state: "Shall (name of person proposed to be recalled) be recalled from the office of member of the governing board of the Regional Development and' Infrastructure Agency?" Opposite th~ statement, the words "Yes" and "No" shall be printed on separate lines, with voting squares. 62719. At least 10' days prior to the recall election, the county clerk shall mail a sample ballot and a separate printed copy of the statement of the proponents of the recall and the answer, if any, of the elected board member sought to be recalled, as theretofore filed with the agency director. 62720. If less than a majority of voters voting on the question of recall vote "Yes," the incumbent board member shall continue in office. If a majority vote "Yes," the incnmbent board member shall be , deemed fecal'led from office upon the qualification of his or her successor. 62721. If a vote recalls the incumbent board member from his or her office, the office shall be vacant and the vacancy shall be filled in the manner specified in Chapter 5 (commencing with Section 62300). 62722. All costs incurred by a county pursuant to this chapter in connection with proceedings and elections for recall shall be reimbursed by the agency. SEC. 4. Section 65302 of the Government Code is amended to read: ' 65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements: (a) A land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste ,. disposal facilities, and other categories.of public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify areas covered by the pJan which are subject to flooding and shall be reviewed annually with respect to those areas. The land use element shall designate, in a land use category that provides for timber production, those parcels of real property zoned for timberland production pursuant to the California CA A8 4242 03/09/90 Page 26 Timberland Productivity Act of 1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5. (b) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use element of the plan. (c) A housing element as provided in Article 10.6 (commencing with Section 65580). (d) A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies which have developed, served, controlled or conserved water for any purpose for the county or city for which the plan is prepared. The conservation element may also cover: (1) The reclamation of land and waters. (2) Prevention and control of the pollution of streams and other waters. (3) Regulation of the use of ]and in stream channels and other areas required for the accomplishment of the conservation plan. (4) Prevention, control, and correction of the erosion of soils, beaches, and shores. (5) Protection of watersheds. (6) The location, quantity and quality of the rock, sand and gravel resources. (?) Flood control. The conservation element shall be prepared and adopted no later than December 31, 1973. (e) An open-space element as provided in Article 10.5 (commencing with Section 65560): (f) A noise element which shall identify and appraise noise problems in the community. The noise element shall recognize the guidelines established by the Office of Noise Control in the State Department of Health Services and shall analyze and quantify, to the 'extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources: (~) Highways and freeways. (2) Primary arterials and major local streets. ' CA AB 4242 03/09/90 Page 27 (3) Passenger and freight online railroad operations and ground rapid transit systems. (4) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (5) Local industrial plants, including, but not limited to, railroad Classification yards. (6) Other ground stationary noise sources identified by local agencies as contributing to the community noise environment. Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclnsive. The noise contours shall be used as a guide for establishing a , pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise. The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state's noise insu]ation standards. .(g) A safety element for the protection of the community from any uureasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence and other geologic hazards known to the legislative body; flooding; and wild ]and and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall ' a]so address evacuation routes, peakload water supply requirements, and minimum road widths and clearances around structures, as those items re]ate to identified fire and geologic hazards. Prior to the periodic review of its general plan and prior to preparing or revising .,~ its safety element, each city and ~ounty shall consult the Division of Mines and Geology of the Department of Conservation and the Office of Emergency Services for the purpose of including information known by and available to the department and the office required by this subdivision. To the extent that a county's safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the county's safety element that pertains to the city's planning area in satisfaction of the requirement imposed by this subdivision. At least 45 days prior to adoption or amendment of the safety element, each county and city shall submit to the Division of Mines and Geology of the Department of Conservation one copy of a draft of CA AB 4242 03/09/90 Page 28 the safety element or amendment and any technical studies used for developing the safety element. The division may review drafts submitted to it to determine whether they incorporate known seismic hnd other geologic hazard information, and report its findings to the planning agency within 30 days of receipt of the draft of the safety element or amendment pursuant to this subdivision. The legislative body shall consider the division's findings prior to final adoption of the safety element or amendment unless the division's findings are not available within the above prescribed time limits or unless the division has indicated to the city or county that the division will not review the safety element. If the division's findings are not available within those prescribed time limits, the legislative body may take the division's findings into consideration at the time it considers future amendments to the safety element. Each county and city shall provide the division with a copy of its adopted safety element or amendments. The division may review adopted safety elements or amendments and report its findings. Ail findings made by the division shall be advisory to the planning agency and legislative body. (h) An interjurisdictional cooperation element showing > relationships and stating principles and guidelines to be used in the > accomplishment of coordination of the general plan with the plans of > other local agencies providing services, but not having regulatory > authority over the use of land, with the plans of adjacent local > agencies, the region, and, when applicable, the state. This element > shall demonstrate consideration of the particular effects of the > general plan, when adopted, upon the development and revenues of > adjacent local agencies, the region, as defined in Article 1 > (commencing with Section 62200) of Chapter 3 of Title 6.5, and the > state, as the case may require. This element shall take into > consideration comments received pursuant to Section 65352 from other > agencies. > (i) A capital facilities element, which shall describe the capital > facilities required by other elements of the general plan at the time > of adoption of this element or amendment of this element or the > general plan. The capital facilities element shall include an estimate> of capital facility costs, time required to provide the' capital > facilities, and the sources of funding for the capital faci]ities.> SEC. 5. Section 40002 of the Health and Safety Code is repealed. 40002. There is continued in existence and shall be, in every ] county, a county district, unless the entire county is included within] the bay district, the south coast district, a regional district, or a ] unified district. ] However, if only a part of the county is included within the bay ] district, the south coast district, a regional district, or a unified ] district, there is in that part of the county not included within any ] such district a county district.] 'SEC. 6. Section 40003 of the Health and Safety Code is repealed. 40003. A county may be in two or more districts, but not in two or] CA AB 4242 03/09/90 Page 29 more county districts.] SEC. 7. Chapter 2 (commencing with Section 40100) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 8. Chapter 2 (commencing with Section 40]00) is added to Part 3 of Division 26 of the llealth and Safety Code, to read: 40100. There is in each region, as defined in Section 62200 of the Government Code, a regional development and infrastructure agency board ~hlch succeeds to all the powers, duties, and responsibilities of county air pollution districts and all other air Pollution control districts and air quality management districts established in this part. Any reference to any of these districts in this part shall be deemed to mean the regional development and infrastructure agency. board. SEC. 9. Chapter 3 (commencing with Section 40150) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 10 Chapter 4 (commencing with Section 40200) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 1]. Chapter 5 (commencing with Section 40300) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 12 Chapter 5.5 (commencing with Section 40400) of Part 3 of Division 26 is repealed. sec. ]3 Chapter 9 (commencing with Section 40900) of Part 3 of Division 26 of the Health and Safety Code is repealed. SEC. 14 Article 1 (commencing with Section 13200) of Chapter 4 of Division 7 of the Water Code is repealed. SEC. 15 Article 1 (commencing with Section 13200) is added to Chapter 4 of Division 7 of the Water Code, to read: Article 1. Regional Development and Infrastructure Agency 13200. There is in each region, as defined in Section 62200 of the 6overnment Code, a regional development and infrastructure agency board which succeeds to all the powers, duties, and responsibilities of regional boards under'this chapter. Any reference to a regional board in this chapter shall be deemed to mean the regional development and infrastructure agency board. SEC. 16. Article 2 (commencing with Section 13220) of Chapter 4 of Division 7 of the Water Code is repealed. SEC. 17. No reimbursement shall be made from the State ~andates Claims Fund pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain CA AB 4242 03/09/90 Page 30 , reimbursement available to it under Part 7 (commencing with Section 17500) and ally other provisions of law. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same da'te that the act takes effect pursuant to the California Constitution. END OF REPORT Ill bill text, brackets have special meaning: < > contains added text,, and [ ] contains deleted text.