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.