BILL ANALYSIS �
SB 1090
Page 1
SENATE THIRD READING
SB 1090 (Governance and Finance Committee)
As Amended August 20, 2012
Majority vote
SENATE VOTE :35-0
LOCAL GOVERNMENT 9-0 APPROPRIATIONS 17-0
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|Ayes:|Smyth, Alejo, Bradford, |Ayes:|Fuentes, Harkey, |
| |Campos, Davis, Gordon, | |Blumenfield, Bradford, |
| |Hueso, Knight, Norby | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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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proposal or of any amended or repealed section ratified by the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.
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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.
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
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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; and,
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
propose 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
PBID 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 PBID 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 PBID Law of
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1994; and,
e) Provides, upon the expiration without renewal of a PBID,
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
specified.
12)Revises specified provisions of the Kings River Conservation
District Act as follows:
a) Requires the district board to adopt a resolution on or
before May 1, 2013, that divides the district into seven
electoral districts, as specified;
b) Sets 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;
c) Prohibits the board from making any changes to the
division of the district within the 180 days immediately
preceding a general district election;
d) Revises 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;
e) Makes other conforming changes to the act; and,
f) Imposes a state-mandated local program by increasing the
duties of local officials.
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
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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
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
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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.
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
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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
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.
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20)Establishes, pursuant to the Kings River Conservation
District Act (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.
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 Assembly Appropriations
Committee, the fiscal impact of this bill is negligible.
Although keyed a state mandate, no reimbursement is required
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.
COMMENTS : 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, 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,
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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:
1)Obsolete voter approval requirements for special taxes.
Proposition 13 (1978), Proposition 62 (1986), and Proposition
218 (1996) 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, Section 2(d)). Some 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.
2)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:
a) 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; and, the total
annual amount proposed to be expended for improvements,
maintenance and operations, and debt service in each year
of operation of the district
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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;
b) District name correction. SB 1090 corrects an erroneous
reference to a "parking and business improvement area" by
replacing that phrase with "property and business
improvement district;" and,
c) 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.
3)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 but before the tax
bill becomes due. However, a 1981 court decision, County of
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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 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 authorized 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.
This bill 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.
4)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
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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.
5)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 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"; and, 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.
6)"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 Section 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; or, 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. This
bill adds a cross-reference to the Penal Code to more
accurately define the phrase "abuse of office or position."
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7)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 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. This bill 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].
8)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.
This bill 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.
9)Kings River Conservation District's elections. The Kings
River Conservation District (District) of 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
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District is governed by a seven-member elected board of
directors.
Six of the directors represent six electoral divisions within
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,
this bill:
a) Repeals the statutory descriptions of the District's
electoral boundaries;
b) Repeals other antiquated statutory provisions governing
district elections;
c) 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;
d) 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;
e) Requires directors to review and, if necessary, adjust
the District's electoral division boundaries following each
decennial census;
f) Requires a candidate for the board of directors to
reside in the electoral division for which he or she is a
candidate;
g) Requires a director to continue to reside within the
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electoral division during his or her term of office;
h) Prohibits a change in boundaries of an electoral
division from affecting an incumbent director's term of
office;
i) Establishes a schedule for conducting elections for each
division;
j) Defines directors' terms of office; and,
aa) Requires the District to conduct elections in accordance
with the Uniform District Election Law.
1)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 Web site.
2)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.
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3)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
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) 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;
b) 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;
and,
c) 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.
Certain provisions of this bill conflict with those contained
in SB 186 (Kehoe). The author may wish to consider
'chaptering-out' amendments to resolve the conflict.
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1)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."
Opposition arguments: None on file.
Analysis Prepared by : Hank Dempsey / L. GOV. / (916) 319-3958
FN: 0004907