BILL ANALYSIS �
SB 1090
Page 1
Date of Hearing: June 27, 2012
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
SB 1090 (Committee on Governance and Finance) - As Amended:
June 15, 2012
SENATE VOTE : 35-0
SUBJECT : Local Government Omnibus Act of 2012.
SUMMARY : Enacts the Local Government Omnibus Act of 2012, which
proposes twelve technical, noncontroversial changes to state
laws affecting local agencies' powers and duties. Specifically,
this bill :
1)Makes the following changes regarding the annual reports of
school districts' financial transactions:
a) Requires the State Controller to publish the annual
reports of the financial transactions of each school
district on the Controller's Internet Web site; and,
b) Authorizes the Controller to prescribe the time, manner,
and format in which the Superintendent of Public
Instruction is required to provide data and other matters
required by the Controller pursuant to existing law.
2)Revises the boundary descriptions for the Counties of Fresno
and Merced.
3)Clarifies that the copies of the complete text of a charter
proposal or of any amended or repealed section ratified by the
voters of a city, or city and county, submitted to the county
recorder are recorded, and that the copies submitted to the
city archives are filed.
4)Requires the legislative body of a general law city to submit
a sidewalk installation charge to the voters and receive a
two-thirds vote to approve the charge prior to imposing it,
thereby conforming these provisions to existing law.
5)Makes technical, nonsubstantive changes to provisions of the
Williamson Act as they relate to solar-use easements.
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6)Includes within the definition of "abuse of office or
position", specified crimes related to bribery or corruption
of any executive officer in this state.
7)Authorizes a local agency that has imposed an assessment
pursuant to the Benefit Assessment Act of 1982 to bring an
action in superior court to determine the validity of the
assessment, as specified.
8)Requires a city or county's update of the land use element to
include, if a city, an identification of each island or fringe
community within the city's sphere of influence that is a
disadvantaged unincorporated community, or, if a county, an
identification of each legacy community within the boundaries
of the county that is a disadvantaged unincorporated
community.
9)Eliminates the requirement, pursuant to the Subdivision Map
Act, that a city engineer, or city or county surveyor, provide
the expiration date of his or her registration number or
license for specified maps.
10)Makes the following changes regarding fees and charges
related to water, sanitation, storm drainage, or sewerage
services and facilities:
a) Deletes the 60-day delinquency and notice requirements
related to charges for water, sanitation, storm drainage,
or sewerage services and facilities, and instead,
authorizes the amount of unpaid charges to be secured at
any time by filing a specified certificate in the office of
the county recorder. The amount required to be paid, with
interest and a penalty, would constitute a lien on all real
property owned by the person or afterwards acquired by him
or her before the lien expires.
b) Requires the transfer, conveyance, or attachment of real
property for fees related to water, sanitation, storm
drainage, or sewerage services and facilities in a sewer
district to occur during the year prior to the date on
which the first installment of property taxes that evidence
the charges appears on the tax roll, in order to preclude
the local public entity's lien from attaching to the real
property of the bona fide purchaser or encumbrancer for
value.
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c) Requires the transfer, conveyance, or attachment of real
property related to charges for water, sanitation, storm
drainage, or sewerage services and facilities in a water
district to occur during the year prior to the date on
which the first installment of real property taxes that
evidence the charges appears on the tax roll, in order for
the water district's lien to not attach to the real
property of the bona fide purchaser or encumbrancer for
value.
11)Makes the following changes to Property and Business
Improvement District (PBID) Law of 1994:
a) Sets forth procedures to apply to a city council that
proposes to conduct a single proceeding to levy both a new
or increased property assessment and a new or increased
business assessment, as specified.
b) Specifies that, if the improvements and activities in a
Property and Business Improvement District management
district plan proposed for each year of operation are the
same, this requirement may be satisfied if the management
plan includes a description of the first year's proposed
improvements and activities and a statement that the same
improvements and activities are proposed for subsequent
years.
c) Provides that if the total annual amount proposed to be
expended in each year of operation of a Property and
Business Improvement District is not significantly
different, the amount proposed to be expended in the
initial year and a statement that a similar amount applies
to subsequent years may satisfy this requirement. This bill
would also authorize this amount to be based upon the
assessment rate if the assessment is levied on businesses.
d) Corrects an erroneous reference within the Property and
Business Improvement District Law of 1994.
e) Provides, upon the expiration without renewal of a
Property or Business Improvement District, for the refund
of any specified remaining revenues to the owners of
property or businesses then located and operating within
the district in which assessments were levied, as
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specified.
12)Revises specified provisions of the Kings River Conservation
District Act, and requires the district board to adopt a
resolution on or before May 1, 2013, that divides the district
into seven electoral districts, as specified. The bill would
also set forth the procedure by which the directors of the
board may be elected, and would require the board to review
the boundaries of the seven districts before November 1 of the
year following the year in which each decennial census is
taken. The bill would prohibit the board from making any
changes to the division of the district within the 180 days
immediately preceding a general district election. The bill
would revise the definition of the term "general district
election" to mean the election required to be held in the
district on the first Tuesday after the first Monday in
November in each even-numbered year. The bill would
additionally make conforming changes to the act. By
increasing the duties of local officials, this bill would
impose a state-mandated local program.
13)Provides that no reimbursement is required by the provisions
of this bill pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be
incurred by a local agency or school district are the result
of a program for which legislative authority was requested by
that local agency or school district.
EXISTING LAW :
1)Requires the Controller to compile and publish reports of the
financial transactions of each county, city, and special
district within this state, together with any other matter he
or she deems of public interest.
2)Requires the Controller to annually publish reports of the
financial transactions of each school district within this
state, together with any other matter he or she deems of
public interest.
3)Sets forth the boundary descriptions of every county in the
state, including the Counties of Fresno and Merced.
4)Requires three copies of the complete text of a charter
proposal or of any amended or repealed section ratified by the
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voters of a city or city and county to be certified and
authenticated by the chairperson and the clerk of the
governing body and attested to by the city clerk, setting
forth the submission of the charter to the voters of the city,
and its ratification by them.
5)Authorizes the legislative body of a general law city to
impose a sidewalk installation charge, as specified, upon an
affirmative vote of a majority of all of the electors of the
city voting on the proposition at an election called for that
purpose. The California Constitution conditions the
imposition of a special tax on a city, county, or special
district upon the approval of two-thirds of the voters of the
city, county, or special district voting on that tax.
Existing law implements this provision of the Constitution.
6)Authorizes the parties to a Williamson Act contract, after
approval by the Department of Conservation, in consultation
with the Department of Food and Agriculture, to mutually agree
to rescind the contract entered into under the Williamson Act
in order to simultaneously enter into a solar-use easement
that would require that the land be used for solar
photovoltaic facilities for a term no less than 20 years, as
specified.
7)Requires, commencing January 1, 2012, any contract executed or
renewed between a local agency and an officer or employee of
the local agency to include a provision that requires an
officer or employee of a local agency who is convicted of a
crime involving an abuse of his or her office or position, as
defined, to fully reimburse the local agency for specified
payments made by that local agency to the officer or employee,
as specified.
8)Defines the term "abuse of office or position" to include,
among other things, a crime against public justice, including,
but not limited to, specified crimes related to bribery or
corruption of any judicial officer, juror, referee,
arbitrator, or umpire, or to any person who may be authorized
by law to hear or determine any question or controversy.
9)Requires the Superintendent of Public Instruction to make
available to the Controller, on an as-needed basis, data and
other matters required by the Controller pursuant to existing
law.
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10)Authorizes, pursuant to the Benefit Assessment Act of 1982,
local agencies to impose benefit assessments to finance the
maintenance and operation costs of drainage, flood control,
street lighting, and streets, roads, or highways, if that
local agency is authorized to provide those services.
11)Requires each city or county, on or before the due date for
the next adoption of its housing element, to review and update
the land use element of its general plan to include, if a
city, an identification of each unincorporated island or
fringe community within the city's sphere of influence, or, if
a county, an identification of each legacy community within
the boundaries of the county.
12)Requires, pursuant to the Subdivision Map Act, a certificate
or statement by the city engineer or surveyor, or county
surveyor, to accompany specified maps, and requires the
official to provide, among other things, his or her
registration or license number with the expiration date, as
specified.
13)Authorizes various local public entities to prescribe fees or
other charges for services and facilities furnished by them in
connection with their water, sanitation, storm drainage, or
sewerage system, as well as for the privilege of connecting to
these sanitation or sewerage facilities. These charges, under
specified circumstances, may be collected on the tax roll in
the same manner as property taxes and the amount of the
charges constitutes a lien against the lot or parcel against
which the charge has been imposed, unless the real property
has been
transferred or conveyed to a bona fide purchaser for value, or a
lien of a bona fide encumbrancer for value has been created
and attached prior to the date upon which the first
installment of the property taxes would become delinquent.
14)Requires the charges for water, sanitation, storm drainage,
or sewerage system services and facilities to remain
delinquent for 60 days and the imposing entity to provide the
assessee with notice of the delinquency, in order for the
charges to constitute a lien against the lot or parcel of land
for which the service was provided.
15)Provides procedures for the collection of unpaid charges by a
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water district for water or other services. These unpaid
charges become a lien on the parcel of land upon which the
water and other services were used, unless the real property
has been transferred or conveyed to a bona fide purchaser for
value, or a lien of a bona fide encumbrancer for value has
been created and attached prior to the date of which the first
installment of taxes would become delinquent.
16)Provides procedures to a city council that proposes to levy a
new or increased property assessment or a new or increased
business assessment.
17)Requires, pursuant to the PBID Law, a management district
plan for a district to include, among other things, the
improvements and activities proposed for each year of
operation of the district and the maximum cost thereof.
18)Requires, pursuant to the PBID Law, a management district
plan for a district to include, among other things, the total
annual amount proposed to be expended for improvements,
maintenance and operations, and debt service in each year of
operation of the district.
19)Provides, pursuant to the PBID Law, that a city council may
adopt a resolution for the disestablishment of a district
under specified circumstances, further requires, upon the
disestablishment of a district, any specified remaining
revenues to be refunded to the owners of the property or
businesses then located and operating within the district in
which assessments were levied, as specified.
20)Establishes, pursuant to the Kings River Conservation
District Act, the Kings River Conservation District, and
authorizes the board of the district to exclude specific
territory within the district. The act divides the district
into divisions for purposes of elections, and requires the
board of the district to revise the divisions upon adding or
removing territory from the district, except that the board is
prohibited from revising the division of districts within the
three months immediately following the preceding general
district election. The act additionally defines the term
"general district election" to mean the election required to
be held in the district on the first Tuesday after the first
Monday in November in each odd-numbered year.
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21)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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)The Local Government Omnibus Act of 2012 compiles twelve sets
of noncontroversial changes to state laws affecting local
agencies and land use into a single bill. Each year, local
officials discover problems with the state statutes that
affect counties, cities, special districts, and redevelopment
agencies, as well as the laws on land use planning and
development. Legislators respond by combining several of these
minor topics into an annual "omnibus bill." According to the
author, the Senate Governance and Finance Committee, sending a
bill through the legislative process costs around $18,000. By
drafting one omnibus bill instead of twelve small clean-up
bills, the Committee's measure avoids roughly $198,000 in
legislative costs.
Although the practice may violate a strict interpretation of the
single-subject and germaneness rules, it is an expeditious and
relatively inexpensive way to respond to multiple requests.
Furthermore, the author conducts a very public review of each
item. More than 100 public officials, trade groups,
lobbyists, and legislative staffers see each proposal before
it goes into the Committee's bill. According to the author,
"�s]hould any item in SB 1090 attract opposition, the
Committee will delete it. In this transparent process, there
is no hidden agenda. If it's not consensus, it's not
omnibus."
SB 1090 proposes the following changes to the state laws
affecting local agencies' powers and duties:
a) Obsolete voter approval requirements for special taxes .
Proposition 13 (1978), Proposition 62 (1986), and
Proposition 218 all require voter approval for new and
increased local taxes. Proposition 218 specifically
requires special taxes to be approved by a two-thirds vote
(California Constitution, Article XIIIC, �2(d)). Some
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older statutes which were enacted before the constitutional
voter-approval requirements took effect appear to allow
local governments to impose special taxes with only
majority voter approval. The author aims to update these
archaic statutes by cross-referencing the statutory
requirements for voter approval of special taxes. SB 1090
deletes archaic majority voter approval language and
inserts cross-references to voter approval requirements for
special taxes into a statute authorizing cities to impose
charges for sidewalk installation.
b) Property and Business Improvement Districts . The PBID
Law allows property owners to petition a city or county to
set up an improvement district and levy assessments on
property owners, business owners, or both, to pay for
promotional activities as well as for physical
improvements. Practitioners who work with PBIDs have
identified errors and ambiguities in the PBID Law. They
ask that the Legislature amend four code sections to make
the following corrections and clarifications:
Management district plans . State law requires each PBID's
management district plan to include specified information.
Among other things, every management plan must contain:
The improvements and activities proposed for each
year of operation of the district.
The total annual amount proposed to be expended for
improvements, maintenance and operations, and debt
service in each year of operation of the district.
SB 1090 permits a management plan to contain only a
description of the proposed improvements and activities for
a PBID's first year of operation if the plan states that
the improvements and activities proposed for each year of
operation are the same. Similarly, SB 1090 permits a
management plan to contain only the amount proposed to be
expended for improvements, maintenance and operations, and
debt service in the PBID's first year of operation if the
plan states that the amount proposed to be expended in each
year of operation is not significantly different.
District name correction . SB 1090 corrects an erroneous
reference to a "parking and business improvement area" by
replacing that phrase with "property and business
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improvement district".
Disposition of revenues after a PBID expires . State law
requires PBIDs to be established for a limited initial term
and specifies the procedures by which PBIDs can be renewed
for subsequent terms of up to 10 years. State law also
specifies procedures by which a city council or board of
supervisors can disestablish a PBID and imposes
requirements on the disposition of revenues remaining after
a disestablishment. SB 1090 clarifies that district
revenues remaining after a district expires without renewal
are subject to the same requirements that apply to revenues
remaining after a disestablishment.
a) Water and sewer districts' lien priority . State law
authorizes local governments that provide water or sewer
service to collect specified charges for services and
infrastructure using the same laws that apply to the levy,
collection, and enforcement of property taxes. Statutes
authorizing water and sewer service providers to collect
charges using property tax billing procedures typically
allow a public agency to impose a levy on real property for
delinquent taxes and charges. The levy becomes a lien - or
"encumbrance" - on the property when that property is sold.
The statutes, however, provide an exception to this
encumbrance, when the sale occurs before the charge becomes
delinquent.
This exception was intended to cover only sales and new
mortgage liens occurring in the "gap period" after the
agency submits the charge for placement on the tax bill and
before the tax bill becomes due. However, a 1981 court
decision, County of Butte v. North Burbank Public Utility
District, interpreted the exception more broadly. That
decision expanded the exception to cover any existing
mortgage lien. The court held that, when a lender holding
an existing mortgage forecloses and sells the property,
later-added unpaid tax liens for delinquent utility charges
are wiped out, regardless of when they were added. This
interpretation of the bona fide encumbrance exception
raises questions about the priority of liens that water and
sewer providers use to collect unpaid taxes and charges.
In response to the Butte decision, the Legislature amended
the public utility district statutes involved in that
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decision and the Irrigation District Law. Those amendments
narrowed the exception to apply only to transfers and
encumbrances created during a specified window preceding
the tax bill showing the charges. That bill, however, did
not amend any of the other statutes with the bona fide
encumbrance exception to include this clarification.
Last year, the Legislature approved AB 741 (Huffman),
Chapter 106, Statutes of 2011, which authorizes sewer
service providers, at a property owner's request, to
construct sewer improvements on private property and charge
the property owner for the costs. Irvine Ranch Water
District officials are concerned that local governments
will face risks in implementing AB 741 unless statutes that
authorize water and sewer districts to use tax bill
collection procedures are conformed to the language enacted
by prior legislation.
SB 1090 narrows the bona fide encumbrance exception to
protect sewer and other water agencies using the tax bill
collection mechanisms from the Butte decision's expansive
interpretation of the exception.
b) Fresno and Merced Counties' boundaries . State statutes
recite the official boundary descriptions of all 58
counties. State law also allows counties to adjust their
mutual boundaries. After counties use this procedure, they
ask the Legislature to revise their statutory boundary
descriptions to match the new realities. In 2007, Fresno
and Merced county officials used these procedures to shift
4,175 acres from Fresno County to Merced County near the
City of Dos Palos. After those boundary changes took
effect on January 1, 2008, the Legislature then corrected
the counties' statutory boundary descriptions
�SB 894 (Senate Local Government Committee), Chapter 699,
Statutes of 2010]. County officials recently identified
errors in the new boundary descriptions that were enacted
in 2010 and ask the Legislature to correct these errors.
SB 1090 corrects Fresno and Merced Counties' statutory
boundary descriptions.
c) Williamson Act and Photovoltaic Solar Facilities .
Statutes enacted by SB 618 (Wolk), Chapter 596, Statutes of
2011, authorize a city or county and a landowner to
simultaneously rescind a Williamson Act contract on
marginally productive or physically impaired lands and
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enter into a solar-use easement that restricts the use of
land to photovoltaic solar facilities. Some of the
statutes enacted by SB 618 contained drafting errors and
inconsistent terminology:
One statute incorrectly refers to agricultural
"productively" instead of "productivity".
Two statutes incorrectly refer to the time an
easement "terminates" instead of the time it "is
extinguished".
One statute incorrectly refers to an easement's
"abandonment" instead of its "termination".
To help local governments and land owners use SB 618's
provisions properly, Williamson Act practitioners ask the
Legislature to correct these errors.
a) "Abuse of office or position" definition . State law
requires a local agency's employment contracts to contain a
provision to reimburse the local agency for specified
salary, legal, and settlement costs if an employee is
convicted of a crime involving an abuse of his or her
office or position �AB 1344 (Feuer), Chapter 692, Statutes
of 2011]. For the purposes of this requirement, Government
Code �53243.4 defines "abuse of office or position" as
either:
An abuse of public authority, including, but not
limited to, waste, fraud, and violation of the law under
color of authority.
A crime against public justice, including, but not
limited to, a crime described in Title 7 (commencing with
Section 92) of Part 1 of the Penal Code.
Some law enforcement officials worry that this definition's
cross-reference to the Penal Code excludes important crimes
that are defined in Title 5 of Part 1 of the Penal Code. SB
1090 adds a cross-reference to the Penal Code to more
accurately define the phrase "abuse of office or position".
a) Benefit Assessment Act of 1982 validations . Numerous
statutes authorize a local government to file a validation
lawsuit, asking a superior court to determine the validity
of actions the local government has taken. The Benefit
Assessment Act of 1982 allows local governments to levy
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assessments on real property to pay for the maintenance and
operation costs of drainage, flood control, and street
lighting services. Unlike many other benefit assessment
acts, the 1982 Act does not expressly authorize local
governments to use validation lawsuits to validate 1982 Act
assessments. The California Central Valley Flood Control
Association asks the Legislature to allow local governments
that levy benefits assessments under the 1982 Act to use
validation suits to confirm their actions. SB 1090 adds
language to the 1982 Act that mirrors the validation
language that was added to the North Delta Water Agency's
governing statutes by the Local Government Omnibus Act of
2009 �SB 113 (Senate Local Government Committee) Chapter
332, Statutes of 2009].
b) Engineers' and surveyors' seals on subdivision maps .
The Subdivision Map Act governs how cities and counties
approve applications to convert large properties into
smaller parcels for sale, lease, or financing. A major
subdivision creates five or more parcels and requires both
a tentative map and a final map. A minor subdivision (lot
split) creates four or fewer parcels and usually needs only
a parcel map. Final maps and parcel maps must be certified
by a licensed engineer or land surveyor, who must "indicate
his or her registration or license number with expiration
date and the stamp of his or her seal" on a certified map.
The Legislature recently repealed the requirement that an
expiration date appear on the seal that licensed engineers
and surveyors stamp on specified engineering and land
surveying documents �AB 645 (Niello), Chapter 368, Statutes
of 2009]. The California Land Surveyors Association asks
the Legislature to conform the Subdivision Map Act to these
changes. SB 1090 deletes the requirement that final maps
and parcel maps must be stamped with a seal that indicates
the expiration date of an engineer's or surveyor's license.
c) Kings River Conservation District's elections . The
Kings River Conservation District (Fresno County) is a
special act special district that provides flood control,
water resource management, and power generation services to
communities within its 1.2 million acre jurisdiction. The
District is governed by a seven-member elected board of
directors.
Six of the directors represent six electoral divisions within
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the District and the seventh director represents the entire
District. Because the boundaries of these electoral
divisions are defined in the District's special act, using
metes and bounds descriptions, the boundaries can only be
adjusted by the Legislature, not by the District's board of
directors. The Legislature last amended the statute
describing the District's electoral boundaries in 1955.
District officials worry that the antiquated statutes
governing their board of directors' electoral divisions
prevent the District from complying with federal Voting
Rights Act requirements. They ask the Legislature to
repeal and amend outdated provisions of the Kings River
Conservation District Act governing the district's
electoral divisions. Specifically, SB 1090:
Repeals the statutory descriptions of the District's
electoral boundaries.
Repeals other antiquated statutory provisions
governing district elections.
Requires district directors to establish seven
electoral divisions that must be, as far as practicable,
equal in population, using the most recent federal census
data as a basis.
Allows directors, when establishing division
boundaries, to consider the topography, geography,
cohesiveness, contiguity, integrity, compactness of
territory, and the community of interests of the
electoral divisions.
Requires directors to review and, if necessary,
adjust the District's electoral division boundaries
following each decennial census.
Requires a candidate for the board of directors to
reside in the electoral division for which he or she is a
candidate.
Requires a director to continue to reside within the
electoral division during his or her term of office.
Prohibits a change in boundaries of an electoral
division from affecting an incumbent director's term of
office.
Establishes a schedule for conducting elections for
each division.
Defines directors' terms of office.
Requires the District to conduct elections in
accordance with the Uniform District Election Law.
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a) Annual reports of school districts' financial
transactions . Since 1949, state law has required the
Controller to annually publish reports of the financial
transactions of each school district. The Controller's
staff has been unable to comply with this requirement
because a recent software conversion at the California
Department of Education (CDE) is incompatible with the
computer system that the Controller's Office uses to
collect the data and publish the annual financial
transactions reports. The proposed law allows the
Controller's Office to meet its school district financial
transactions reporting requirement by making the CDE's
financial transactions data available on the Controller's
website.
b) Recording counties' and cities' voter-approved charter
language . State law requires that a certified and
authenticated copy of the complete text of a charter
proposal or of any revised, amended, or repealed section
ratified by the electors of a county must be recorded in
the office of the recorder of the county. State law
requires that a certified and authenticated copy of the
complete text of a charter proposal or of any amended or
repealed section ratified by the voters of a city or city
and county must be filed with the recorder of the county in
which the city is located. City clerks worry that the
discrepancy between the requirement that counties must
record charter language with a county recorder and the
requirement that cities must file charter language with a
county recorder creates uncertainty and confusion about
recording city charter language. The proposed law conforms
the statutory requirements for submitting charter language
to a county recorder by clarifying that city charter
language must be recorded in a county recorder's office.
c) Planning for disadvantaged communities . State law
requires local agencies to plan for specified disadvantaged
communities through the Local Agency Formation Commission
planning process and general plan updates. A
recently-enacted statute �SB 244 (Wolk), Chapter 513,
Statutes of 2011] bill defines the terms "disadvantaged
unincorporated community," "unincorporated fringe
community," "unincorporated island community," and
"unincorporated legacy community". The statute requires a
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city, on or before the next due date for adopting the
housing element of its general plan, to review and update
the land use element of its general plan to include an
identification of each unincorporated island or fringe
community within the city's sphere of influence. The
statute requires a county, on or before the due date for
the next adoption of the housing element of its general
plan, to review and update the land use element of its
general plan to include an identification of each legacy
community within the boundaries of the county, but not
including any area within the sphere of influence of any
city. Based on conversations with stakeholders involved
with last year's bill, Senator Wolk's staff asked to
clarify these statutory definitions and requirements. The
proposed law clarifies that:
A city council or board of supervisors must review
and update the land use element of its general plan to
include an analysis, based on specified data, of
unincorporated island, fringe, or legacy communities
inside or near its boundaries.
A city does not need to identify every
unincorporated island or fringe community within its
sphere of influence, but must identify only those island
or fringe communities that also are disadvantaged
unincorporated communities.
A county does not need to identify every legacy
community within its boundaries, but must identify only
those legacy communities that are also disadvantaged
unincorporated communities.
1)Certain provisions of this bill conflict with those contained
in AB 276 (Alejo) and SB 186 (Kehoe). The author may wish to
consider 'chaptering-out' amendments to resolve the conflict.
2)Support arguments : According to the Senate Governance and
Finance Committee, sending a bill through the legislative
process costs around $18,000. By drafting one omnibus bill
instead of twelve small clean-up bills, the Committee's
measure avoids roughly $198,000 in legislative costs.
Moreover, the sponsor adds "�s]hould any item in SB 1090
attract opposition, the Committee will delete it. In this
transparent process, there is no hidden agenda. If it's not
consensus, it's not omnibus."
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Opposition arguments : None on file.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
California Central Valley Flood Control Association
California Land Surveyors Association
City Clerk's Association of California
County of Fresno
County of Merced
Irvine Ranch Water District
Kings River Conservation District
League of California Cities
Opposition
None on file.
Analysis Prepared by : Hank Dempsey / L. GOV. / (916) 319-3958