BILL NUMBER: SB 460 CHAPTERED 10/09/03 CHAPTER 716 FILED WITH SECRETARY OF STATE OCTOBER 9, 2003 APPROVED BY GOVERNOR OCTOBER 8, 2003 PASSED THE SENATE SEPTEMBER 12, 2003 PASSED THE ASSEMBLY SEPTEMBER 11, 2003 AMENDED IN ASSEMBLY SEPTEMBER 9, 2003 AMENDED IN ASSEMBLY SEPTEMBER 2, 2003 AMENDED IN SENATE APRIL 22, 2003 AMENDED IN SENATE MARCH 27, 2003 INTRODUCED BY Senator Alpert FEBRUARY 20, 2003 An act to add Section 7104.1 to the Revenue and Taxation Code, and to amend Section 5 of Chapter 898 of the Statutes of 1997, relating to local government. LEGISLATIVE COUNSEL'S DIGEST SB 460, Alpert. Local government: Transportation Investment Fund: Treasure Island Development Authority. (1) Article XIX B of the California Constitution requires, commencing with the 2003-04 fiscal year, sales taxes on motor vehicle fuel that are deposited in the General Fund to be transferred to the Transportation Investment Fund for allocation to various transportation purposes, including allocations to cities and counties for street and highway purposes. Article XIX B authorizes the transfer of these revenues to the Transportation Investment Fund to be suspended in whole or in part for a fiscal year during a fiscal emergency pursuant to a proclamation issued by the Governor and the enactment of a statute by a 2/3 vote of both houses of the Legislature if the statute does not contain any unrelated provision. Chapter 223 of the Statutes of 2003 partially suspends the transfer for the 2003-04 fiscal year. Existing law requires cities and counties to comply with certain maintenance of effort requirements in order to receive an allocation of funds from the Transportation Investment Fund. This bill would suspend the maintenance of effort requirements for any fiscal year in which the transfer of revenues from the General Fund to the Transportation Investment Fund is suspended pursuant to Article XIX B and funds from this source consequently are not made available for allocation to cities or counties. (2) Existing law authorizes the City and County of San Francisco to designate the Treasure Island Development Authority as the redevelopment agency with all of the rights, powers, privileges, immunities, authorities, and duties granted to a redevelopment agency pursuant to the Community Redevelopment Law for the purpose of acquiring, using, operating, maintaining, converting, and redeveloping Naval Station Treasure Island. Under existing law, the authority is considered a redevelopment agency for all purposes under state law and the employees of the authority are subject to the civil service provisions as employees of the City and County of San Francisco. This bill would delete the latter provision that makes the employees of the authority subject to the civil service provisions as employees of the City and County of San Francisco. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7104.1 is added to the Revenue and Taxation Code, to read: 7104.1. Notwithstanding any other provision of law, the requirements imposed on cities and counties by subdivision (f) of Section 7104 shall not apply for any fiscal year in which the transfer of revenues from the General Fund to the Transportation Investment Fund is suspended pursuant to Article XIX B of the California Constitution and funds consequently are not made available for allocation to cities or counties pursuant to paragraphs (4) and (5) of subdivision (c) of Section 7104. SEC. 2. Section 5 of Chapter 898 of the Statutes of 1997 is amended to read: Sec. 5. (a) Notwithstanding Article 2 (commencing with Section 33110) of Chapter 2 of Part 1 of Division 24 of the Health and Safety Code, the legislative body of the City and County of San Francisco may, by resolution, designate the authority or any successor entity or agency of the authority as the redevelopment agency with all of the rights, powers, privileges, immunities, authorities, and duties granted to a redevelopment agency pursuant to Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, for the purpose of acquiring, using, operating, maintaining, converting, and redeveloping the property. Upon adoption of that resolution, the authority shall be considered a redevelopment agency for all purposes under state law, including, but not limited to, the purposes of Section 21090 of the Public Resources Code. (b) Notwithstanding any state or local law, including, without limitation, Section 33111 of the Health and Safety Code, the Board of Directors of the authority may include individuals who are officers or employees of the City and County of San Francisco or of the San Francisco Redevelopment Agency and those individuals are not precluded, solely by virtue of their status as officers or employees of the City and County of San Francisco or the San Francisco Redevelopment Agency, from participating in decisions as members of the Board of Directors. (c) Notwithstanding Section 1090 of the Government Code and Section C8.105 of Appendix C of the San Francisco Charter, officers and employees of the City and County of San Francisco or the San Francisco Redevelopment Agency are not precluded, solely by virtue of their services as members of the Board of Directors, from participating in any decisions in their capacities as officers or employees of the City and County of San Francisco or the San Francisco Redevelopment Agency. (d) Notwithstanding any other provision of law, the authority shall follow the same competitive bidding procedures applicable to redevelopment agencies in California. (e) Prior to the Board of Supervisor's approval of a redevelopment plan for the property, any contract to which the authority is a party worth more than one million dollars ($1,000,000) or with a term of 10 or more years shall require the approval of the Board of Supervisors of the City and County of San Francisco.