Amended in Senate January 6, 2014

Amended in Senate May 21, 2013

Amended in Senate April 15, 2013

Senate BillNo. 673


Introduced by Senator DeSaulnier

February 22, 2013


An act tobegin delete add Section 65957.6 toend deletebegin insert amend Sections 31468, 31529.9, 31557.3, and 31580.2 of, and to add Section 31522.9 to,end insert the Government Code, relating tobegin delete land use.end deletebegin insert county employees’ retirement.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 673, as amended, DeSaulnier. begin deleteLand use: development project review. end deletebegin insertCounty employees’ retirement: Contra Costa County.end insert

begin insert

The County Employees Retirement Law of 1937 authorizes counties and districts to establish retirement systems pursuant to its provisions in order to provide pension benefits to their employees. The law defines a district for these purposes and includes specified county retirement systems within that definition. The law generally provides that the personnel of a county retirement system are county employees, but also authorizes the board of retirement in specified counties to appoint certain personnel who are designated employees of the retirement system.

end insert
begin insert

This bill would make the Contra Costa County retirement system for purposes of the County Employees Retirement Law of 1937. The bill would authorize the board of retirement to appoint a retirement administrator and other personnel as required to accomplish the necessary work of the board and would authorize the administrator to make appointments on its behalf. The bill would provide that these employees are employees of the retirement system, not the county, and would except them from civil service provisions and merit system rules that would otherwise apply. The bill would make the retirement board a public agency for purposes of collective bargaining and provide that the compensation of the personnel so employed by the board is an expense of the system.

end insert
begin insert

The bill would require the retirement system to retain, for a 90-day transition period, nonprobationary county employees employed at the retirement system’s facilities who were covered by a memorandum of understanding, as specified. The bill would provide that, during the 90-day transition period, probationary employees would maintain only those rights they had pursuant to their employment with the county. The bill would require the retirement system to recognize as the exclusive representative of the former county employees who are retained, as specified, those recognized employee organizations that represented the employees when they were employed by the county, and would require that the initial terms and conditions for those employees be as previously established. The bill would make technical and conforming changes in relation to these provisions.

end insert
begin delete

The Permit Streamlining Act requires the lead agency that has the principal responsibility for approving a development project, as defined, to approve or disapprove the project within 60 days from the date of adoption of a negative declaration or the determination by the lead agency that the project is exempt from the California Environmental Quality Act, unless the project proponent requests an extension of time.

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This bill additionally would require a city, county, or city and county, including a charter city or charter city and county, prior to approving or disapproving a proposed development project that would permit the construction of a retail or other commercial facility project, as specified, to cause a cost benefit analysis to be prepared, as specified, which would be paid for by the project applicant. This bill would provide that the cost-benefit analysis would include specified assessments and projections including, among other things, an assessment of the effect that the construction and operation of the proposed development will have on the ability of the city, county, or city and county to implement the goals contained in its general plan.

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This bill would specify that it would not be construed to create a private right of action in any civil litigation.

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By increasing duties of local officials, this bill would impose a state-mandated local program.

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begin delete

 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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 31468 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

31468.  

(a) “District” means a district, formed under the laws
4of the state, located wholly or partially within the county other
5than a school district.

6(b) “District” also includes any institution operated by two or
7more counties, in one of which there has been adopted an ordinance
8placing this chapter in operation.

9(c) “District” also includes any organization or association
10authorized by Chapter 26 of the Statutes of 1935, as amended by
11Chapter 30 of the Statutes of 1941, or by Section 50024, which
12organization or association is maintained and supported entirely
13from funds derived from counties, and the board of any retirement
14system is authorized to receive the officers and employees of that
15organization or association into the retirement system managed
16by the board.

17(d) “District” also includes, but is not limited to, any sanitary
18district formed under Part 1 (commencing with Section 6400) of
19Division 6 of the Health and Safety Code.

20(e) “District” also includes any city, public authority, public
21agency, and any other political subdivision or public corporation
22formed or created under the constitution or laws of this state and
23located or having jurisdiction wholly or partially within the county.

24(f) “District” also includes any nonprofit corporation or
25association conducting an agricultural fair for the county pursuant
26to a contract between the corporation or association and the board
27of supervisors under the authority of Section 25905.

28(g) “District” also includes the Regents of the University of
29California, but with respect only to employees who were employees
30of a county in a county hospital, who became university employees
P4    1pursuant to an agreement for transfer to the regents of a county
2hospital or of the obligation to provide professional medical
3services at a county hospital, and who under that agreement had
4the right and did elect to continue membership in the county’s
5retirement system established under this chapter.

6(h) “District” also includes the South Coast Air Quality
7Management District, a new public agency created on February
81, 1977, pursuant to Chapter 5.5 (commencing with Section 40400)
9of Part 3 of Division 26 of the Health and Safety Code.

10(1) Employees of the South Coast Air Quality Management
11District shall be deemed to be employees of a new public agency
12occupying new positions on February 1, 1977. On that date, those
13new positions are deemed not to have been covered by any
14retirement system.

15(2) No retirement system coverage may be effected for an
16employee of the South Coast Air Quality Management District
17who commenced employment with the district during the period
18commencing on February 1, 1977, and ending on December 31,
191978, unless and until the employee shall have elected whether to
20become a member of the retirement association established in
21accordance with this chapter for employees of Los Angeles County
22or the retirement association established in accordance with this
23chapter for employees of San Bernardino County. The election
24shall occur before January 1, 1980. Any employee who fails to
25make the election provided for herein shall be deemed to have
26elected to become a member of the retirement association
27established in accordance with this chapter for the County of Los
28Angeles.

29(3) The South Coast Air Quality Management District shall
30make application to the retirement associations established in
31accordance with this chapter for employees of Los Angeles County
32and San Bernardino County for coverage of employees of the South
33Coast Air Quality Management District.

34(4) An employee of the South Coast Air Quality Management
35District who commenced employment with the district during the
36period commencing on February 1, 1977, and ending on December
3731, 1978, and who has not terminated employment before January
381, 1980, shall be covered by the retirement association elected by
39the employee pursuant to paragraph (2). That coverage shall be
P5    1effected no later than the first day of the first month following the
2date of the election provided for in paragraph (2).

3(5) Each electing employee shall receive credit for all service
4with the South Coast Air Quality Management District. However,
5the elected retirement association may require, as a prerequisite
6to granting that credit, the payment of an appropriate sum of money
7or the transfer of funds from another retirement association in an
8amount determined by an enrolled actuary and approved by the
9elected retirement association’s board. The amount to be paid shall
10include all administrative and actuarial costs of making that
11determination. The amount to be paid shall be shared by the South
12Coast Air Quality Management District and the employee. The
13share to be paid by the employee shall be determined by good faith
14bargaining between the district and the recognized employee
15organization, but in no event shall the employee be required to
16contribute more than 25 percent of the total amount required to be
17paid. The elected retirement association’s board may not grant that
18credit for that prior service unless the request for that credit is
19made to, and the required payment deposited with, the elected
20retirement association’s board no earlier than January 1, 1980, and
21no later than June 30, 1980. The foregoing shall have no effect on
22any employee’s rights to reciprocal benefits under Article 15
23(commencing with Section 31830).

24(6) An employee of the South Coast Air Quality Management
25District who commenced employment with the district after
26December 31, 1978, shall be covered by the retirement association
27established in accordance with this chapter for employees of San
28Bernardino County. That coverage shall be effected as of the first
29day of the first month following the employee’s commencement
30date.

31(7) Notwithstanding paragraphs (2) and (4) above, employees
32of the South Coast Air Quality Management District who were
33employed between February 1, 1977, and December 31, 1978, and
34who terminate their employment between February 1, 1977, and
35January 1, 1980, shall be deemed to be members of the retirement
36association established in accordance with this chapter for the
37employees of Los Angeles County commencing on the date of
38their employment with the South Coast Air Quality Management
39District.

P6    1(i) “District” also includes any nonprofit corporation that
2operates one or more museums within a county of the 15th class,
3as described by Sections 28020 and 28036 of the Government
4Code, as amended by Chapter 1204 of the Statutes of 1971,
5pursuant to a contract between the corporation and the board of
6supervisors of the county, and that has entered into an agreement
7with the board and the county setting forth the terms and conditions
8of the corporation’s inclusion in the county’s retirement system.

9(j) “District” also includes any economic development
10association funded in whole or in part by a county of the 15th class,
11as described by Sections 28020 and 28036 of the Government
12Code, as amended by Chapter 1204 of the Statutes of 1971, and
13that has entered into an agreement with the board of supervisors
14and the county setting forth the terms and conditions of the
15association’s inclusion in the county’s retirement system.

16(k) “District” also includes any special commission established
17in the Counties of Tulare and San Joaquin as described by Section
1814087.31 of the Welfare and Institutions Code, pursuant to a
19contract between the special commission and the county setting
20forth the terms and conditions of the special commission’s
21inclusion in the county’s retirement system with the approval of
22the board of supervisors and the board of retirement.

23(l) (1) “District” also includes the retirement system established
24under this chapter in Orange County.

25(2) “District” also includes the retirement system established
26under this chapter in San Bernardino County at such time as the
27board of retirement, by resolution, makes this section applicable
28in that county.

begin insert

29(3) “District” also includes the retirement system established
30under this chapter in Contra Costa County.

end insert
31begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 31522.9 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
32read:end insert

begin insert
33

begin insert31522.9.end insert  

(a) The board of retirement of a county may appoint
34a retirement administrator and other personnel as are required
35to accomplish the necessary work of the board. The board may
36authorize the administrator to make these appointments on its
37behalf. Notwithstanding any other law, the personnel so appointed
38shall not be county employees but shall become employees of the
39retirement system, subject to terms and conditions of employment
40established by the board of retirement, including those set forth
P7    1in memoranda of understanding executed by the board of
2retirement and recognized employee organizations.

3(b) Sections 31522.1 and 31522.2 shall not apply to a retirement
4system that appoints personnel pursuant to this section.

5(c) The retirement system that appoints personnel pursuant to
6this section is a public agency for purposes of the
7Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
83500) of Division 4).

9(d) The compensation of personnel appointed pursuant to this
10section shall be an expense of administration of the retirement
11system, pursuant to Section 31580.2, except as provided in Sections
1231529.5, 31529.9, and 31596.1.

13(e) The board of retirement and the board of supervisors may
14enter into agreements as they determine are necessary and
15appropriate in order to carry out the provisions of this section.

16(f) The retirement system, upon the effective date of this section,
17shall retain, for a 90-day transition employment period,
18nonprobationary employees who, upon the effective date of this
19section, were covered by a county memorandum of understanding
20and employed by the county at the retirement system’s facilities,
21unless just cause exists to terminate the employees or legitimate
22grounds exist to lay off these employees. If during the 90-day period
23the retirement system determines that a layoff of these employees
24is necessary, the retirement system shall retain the employees by
25seniority within job classification. The terms and conditions of
26employment of the employees retained pursuant to this subdivision
27shall be subject to the terms and conditions established by the
28applicable memoranda of understanding executed by the board of
29retirement and the recognized employee organizations. During
30the 90-day transition period, probationary employees shall
31maintain only those rights they initially acquired pursuant to their
32employment with the county.

33(g) Subject to the employees’ rights under the
34 Meyers-Milias-Brown Act (Chapter 10 (commencing with Section
353500) of Division 4), the retirement system, upon the effective date
36of this section, shall recognize as the exclusive representative of
37the employees retained pursuant to subdivision (f) the recognized
38employee organizations that represented those employees when
39employed by the county. The initial terms and conditions for those
40employees shall be as previously established by the applicable
P8    1memoranda of understanding executed by the county and
2recognized employee organizations.

3(h) This section shall apply only in Contra Costa County.

end insert
4begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 31529.9 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5to read:end insert

6

31529.9.  

(a) In addition to the powers granted by Sections
731522.5,begin insert 31522.9,end insert 31529, 31529.5, 31614, and 31732, the board
8of retirement and the board of investment may contract with the
9county counsel or with attorneys in private practice or employ staff
10attorneys for legal services.

11(b) Notwithstanding Sections 31522.5, 31522.7, 31529.5, and
1231580, the board shall pay, from system assets, reasonable
13compensation for the legal services.

14(c) This section applies to any county of the 2nd class, 7th class,
15begin insert 9th class,end insert 14th class, 15th class, or the 16th class as described by
16Sections 28020, 28023, 28028,begin insert 28030,end insert 28035, 28036, and 28037.

17(d) This section shall also apply to any other county if the board
18of retirement, by resolution adopted by majority vote, makes this
19section applicable in the county.

20begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 31557.3 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert

22

31557.3.  

On the date a district, as defined in subdivision (l) of
23Section 31468, is included in the retirement system, any personnel
24appointed pursuant to Section 31522.5begin insert, 31522.9, and 31529.9end insert who
25had previously been in county service shall continue to be members
26of the system without interruption in service or loss of credit.
27Thereafter, each person entering employment with the district shall
28become a member of the system on the first day of the calendar
29month following his or her entrance into service.

30begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 31580.2 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
31to read:end insert

32

31580.2.  

(a) In counties in which the board of retirement, or
33the board of retirement and the board of investment, have appointed
34personnel pursuant to Section 31522.1, 31522.5,begin delete or 31522.7,end delete
35begin insert 31522.7, or 31522.9,end insert the respective board or boards shall annually
36adopt a budget covering the entire expense of administration of
37the retirement system which expense shall be charged against the
38earnings of the retirement fund. The expense incurred in any year
39may not exceed the greater of either of the following:

P9    1(1) Twenty-one hundredths of 1 percent of the accrued actuarial
2liability of the retirement system.

3(2) Two million dollars ($2,000,000), as adjusted annually by
4the amount of the annual cost-of-living adjustment computed in
5accordance with Article 16.5 (commencing with Section 31870).

6(b) Expenditures for computer software, computer hardware,
7and computer technology consulting services in support of these
8computer products shall not be considered a cost of administration
9of the retirement system for purposes of this section.

begin delete
10

SECTION 1.  

Section 65957.6 is added to the Government
11Code
, to read:

12

65957.6.  

(a) (1) Prior to approving or disapproving a permit
13for the construction of a retail or other commercial facility project
14estimated to receive one million dollars ($1,000,000) or more in
15subsidies, a city, county, or city and county shall cause to be
16prepared a cost benefit analysis.

17(2) For purposes of this section, “subsidy” means any
18contribution made by the state or local government to a project
19considered to be in the interest of the public, including, but not
20limited to, tax credits, low-interest loans, state or federal grants,
21land donations or acquisitions, or remediation or environmental
22cleanup activity.

23(b) A city, county, or city and county may prepare the cost
24benefit analysis required by this section, or contract for its
25preparation with a private entity, other than the permit applicant,
26or another public agency. The private entity or public agency shall
27be qualified by education, training, and experience to conduct cost
28benefit analyses.

29(c) The applicant for the development project shall pay the city,
30county, or city and county, for the costs of preparing or contracting
31for the cost benefit analysis.

32(d) The cost benefit analysis shall include, but is not limited to,
33all of the following:

34(1) A projection of the costs of public services and public
35facilities resulting from the construction and operation of the
36proposed development and the incidence of those costs.

37(2) A projection of the public revenues resulting from the
38construction and operation of the proposed development and the
39incidence of those revenues.

P10   1(3) The cost of subsidies provided by a city, county, or city and
2county.

3(4) An assessment of the effect that the construction and
4operation of the proposed development will have on the ability of
5the city, county, or city and county to implement the goals
6contained in its general plan, including, but not limited to, local
7policies and standards that apply to land use patterns, traffic
8circulation, affordable housing, natural resources, including water
9supplies, open-space lands, noise problems, and safety risks.

10(5) An assessment of whether the effect of the construction and
11operation of the proposed development will be consistent with the
12general use designation, density, building intensity, and applicable
13policies specified for the project area in either a sustainable
14communities strategy or an alternative planning strategy for which
15the State Air Resources Board, pursuant to Chapter 2.5
16(commencing with Section 65080), has accepted a metropolitan
17planning organization’s determination that the sustainable
18communities strategy or alternative planning strategy, if
19implemented, would achieve the greenhouse gas emission reduction
20targets.

21(6) An assessment of whether the development would require
22the demolition of housing or any other action or change that would
23result in a decrease or negative impact on the creation of extremely
24low, very low, low-, or moderate-income housing.

25(7) An assessment of whether the development would result in
26the destruction or demolition of park or other green space,
27playgrounds, child care facilities, or community centers.

28(8) An assessment of whether the development would result in
29any other adverse or positive economic impact or blight.

30(9) An assessment of whether the proposed development would
31adversely impact a state transportation facility, including to what
32extent it would degrade services of that facility.

33(10) An assessment of whether any measures are available that
34may mitigate any materially adverse economic impact identified
35by the applicant.

36(d) (1) The Legislature finds that the construction and operation
37of retail and commercial facilities has land use, environmental,
38economic, fiscal, and social equity effects that extend beyond the
39boundaries of the city, county, or city and county in which it is
40located.

P11   1(2) The Legislature finds that it is essential for the statewide
2public health, safety, and welfare to require cities, counties, and
3cities and counties to understand the potential spillover effects of
4approving the construction and operation of these retail and
5commercial facilities.

6(3) The Legislature further finds and declares that the review
7and regulation of retail and commercial facilities is a matter of
8statewide concern and not merely a municipal affair, as that term
9is used in Section 5 of Article XI of the California Constitution.
10Therefore, this section shall also apply to charter cities and to
11charter cities and counties.

12(e) This section shall not be construed to create a private right
13of action in any civil litigation.

14

SEC. 2.  

 No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16a local agency or school district has the authority to levy service
17charges, fees, or assessments sufficient to pay for the program or
18level of service mandated by this act, within the meaning of Section
1917556 of the Government Code.

end delete


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