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HomeMy WebLinkAbout06/13/1990 13 A K E 1~. S F I E L D Patricia DeMond, Chair Lynn Edwards Patricia Smith Staff: Legislative: Trudy Thornton Litigation: Art Saalfield AGENDA LEGISLATIVE AND LITIGATION Wednesday, June 13, 1990 12:00 noon City Manager's Conference Room Legislative Items: 1. AB 2540 (Wright) General Plan, School Facilities Litigation Items: 1. Bakersfield Convention Center Hotel Associates - Bankruptcy Settlement BILL NUMBER~ AB 2540 · BILL TEXT AMENDED IN ASSEMBLY MAY 7, 1990 AMENDED IN ASSEMBLY APRIL 23, 1990 AMENDED IN ASSEMBLY APRIL 16, 1990 INTRODUCED BY Assembly Member Wright JANUARY 3, 1990 An act to a~ ~eeg&em 6~O~T~ ge amend Sections 65302.8 and 65403 of the Government Code, relating to local agencies. LEGISLATIVE COUNSEL'S DIGEST AB 2540, as amended, Wright. Local agencies. Existing law requires each planning agency and the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and land outside its boundaries which in the planning agency's judgment bears relation to its planning. The general plan is required to contain, among other elements, a land use element which designates the proposed general distribution and general location and extent of the uses of the land for specified purposes. Existing law also provides that if a county or city adopts or amends a mandatory general plan element to limit the number of housing units which may be annually constructed it must make specified findings which justify that action. This bill would ~mpese a sgaAe-ma~age~ ~eea~ p~e~am by %~e ~eea~ ~e§~s~ag~ve ~e~Y7 ag g~e ~e~esg efa ~eea~ se~eeA ~isg~ieg7 ~e ame~ g~e ~am~ ~se p~a~mim~ eAeme~g ge ~esi~age seAee&s&ges7 as spee&f&e~ require that if a county or city adopts or amends a mandatory general plan element which operates to increase the need for school facilities which may be constructed on an annual basis~ the adoption or amendment contain' ~pecified findings which justify that action under specified conditions . Existing law authorizes each unified~ elementary~ and high school district that constructs or maintains public facilities~ as defined, essential to growth and maintenance of an urban population to prepare a 5-year capital improvement program. This bill would require a local planning agency, which finds that a capital improvement program of unified, elementary~ or high school district is not consistent with the general plan, to make .specified findings of justification. BILL NUMBER~ AB 2540 BILL TEXT 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 no reimbursement shall 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: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT.AS FOLLOWS: ~E~QN ~ ~ee%ieR 6§80~ is a~e~ %e ~e SECTION 1. Section 65302.8 of the Government Code is amended to read: 65302.8. If a county or city, including a charter city, adopts or amends a mandatory general plan element which operates to : (a) Limit the number of housing units which may be constructed on an annual basis, such adoption or amendment shall contain findings which justify. reducing the housing opportunities of the region. The findings shall include all of the following: '~a~ (1) A description of the city's or county's appropriate share of the regional need for housing. .(2) A description of the specific housing programs and activities being undertaken by the local jurisdiction to fulfill the requirements of subdivision (c) of Section 65302. (3) A description of how the public health, safety, and welfare would be promoted by such adoption or amendment. (4) The fiscal and environmental resources available to the local jurisdiction. BILL NUMBER~ AB 2540 BILL TEXT (b) Increase the need for school facilities which may be constructed on an annual basis, the adoption or amendment Shall contain findings which justify increasing school facilitie~ of the affected city or county if the proposed general distribution and general location of education land uses required pursuant to subdivision (a) of Section 65302 may be inadequate to meet the needs resulting from the adoption or amendment. The findings shall include all of the following: (1) A description of the city's or county's appropriate share of school facility needs. (2) A description of the specific programs and activities being undertaken by the local jurisdiction to fulfill the requirements of subdivision (a) of Section 65302, relating .to the proposed general distribution and general location of education land uses. (3) A description of how the public health~ safety, and welfare would be promoted by the adoption or amendment. (4) The fiscal and environmental resources available to the school district. SEC. 2. Section 65403 of the Government Code is amended to read: 65403. (a) Each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that constructs or maintains'public facilities essential to the growth and maintenance of an urban population may prepare a five-year capital improvement program. This section shall not preclude, limit, or govern any other method of capital improvement planning and shall not apply to any district or agency unless it specifically determines to implement this section. As used in this section, 'public facilities' means any of the following: (1) Public buildings, including schools and related facilities. (2) Facilities for the storage, treatment, and distribution of nonagricultural water. (3) Facilities for the collection, treatment, reclamation, and disposal of sewage. (4) Facilities for the collection and disposal of storm waters and for flood control purposes. (5) Facilities for the generation of electricity and the distribution of gas and electricity. (6) Transportation and transit facilities, including, but not limited to, streets, roads, harbors, ports, airports, and related facilities. (7) Parks and recreation facilities. However, this section shall not apply to a special district which constructs or maintains parks and recreation facilities if the annual operating budget of the district does not exceed one hundred thousand dollars ($100,000). (b) The five-year capital improvement program shall indicate the location, BILL NUMBER~ AB~2540 BILL TEXT size, time of availability, means of financing, including a schedule for the repayment of bonded indebtedness, and estimates of operation costs for all proposed and related capital improvements. The five-year capital improvement program shall also indicate a schedule for maintenance and rehabilitation and an estimate of useful life of all existing and proposed capital improvements. (c) (1) The capital improvement program shall be adopted by, and shall be annually reviewed and revised by, resolution of the governing body of the district or local agency. Annual revisions shall include an extension of the program for an additional year to update the five-year program. At least 60 days prior to its adoption or annual revision, as the case may be, the capital improvement program shall be referred to the planning agency of each affected city and county within which the district or agency operates, for review as to its consistency with the applicable general plan, any applicable specific' plans, and all elements and parts of the plan. (2) If the plannin9 agency finds that a capital improvement program of a unified~ elementary, or high .school district is not consistent with the general plan, the planning agency shall make the findings required pursuant to subdivision (b) of Section 65302.8. (3) Failure of the planning agency to report its findings within 40 days after receipt of a capital improvement program or revision of the program shall be conclusively deemed to constitute a finding that the capital improvement program is consistent with the general plan. (4) A district or local agency shall not carrY out its capital improvement program or any part of the program if the planning agency finds that the capital improvement program or a part of the capital improvement program is not consistent with the applicable general plan, any specific plans, and all elements and parts of the plan. A district or local agency may overrule the finding and carry out its capital improvement program. (d) Before adopting its capital improvement program, or annual revisions of the program, the governing body of. each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement shall hold at least one public hearing.. Notice of the time and place of the hearing shall be given pursuant to Section 65090. In addition, mailed notice shall be given to any city or county which may be significantly affected by the capital improvement program. Ge~e~me~% Ge~e~ %e ~ea~ am~ s~bm~% %he meeeesa~y ~aAa %e %he Aeea~ Ae§As~aA~we be4y %e ~sAify ~As ~eg~esA= This ~eg~eme~% may be me% by e~bmiAAiRg a eapAAaA ~mp~evemea% p~e§~am e~ p~am a~epAe~ p~e~aR% ~e Seedier BILL NUMBER~'~B~2540 BILL TEXT %e~ The ~eeaA ~e~isAa%ive be4¥ shaA~T at a mimimum7 ~esi~mate the aumDe~ of ~s~f~ab~e sehee~s~tes ~eq~este~ by ~he seheeh dist~et. A~¥ p~epese~ 4esi~Ratiea shaAA have the eeReu~e~ee of the sehee~ d~st~et p~e~ te a~ept~e~ ef the e~emeRt e~ ameR~meRt SEC. 2. No reimbursement shall be made from the State Mandates 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 reimbursement available to 'it under Part 7 (commencing with Section 17500) and any other provisions of law. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provis'ions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.