HomeMy WebLinkAboutMINUTES - 05181993 - 1.28 s
TO: BOARD OF SUPERVISORS Contra
Phil Batchelor, County Administrator r Costa
FROM: L
O:.
'Coun'y,\/
May 13, 1993 J
PATE:
SUBJECT: LEGISLATION: SB 1250 (Boatwright)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
REAFFIRM the Board of Supervisors ' SPONSORSHIP of SB 1250 by
Senator Boatwright which would require a special district to
provide service to an area designated for urban growth when LAFCO
has included the area within the special district' s boundaries .
BACKGROUND:
The Board of Supervisors amended its 1993 Legislative Program
recently to indicate its request that legislation be introduced to
clarify the responsibility of general purpose governments versus
special districts for land use decisions in cases where an area
designated for urban growth has been included within the boundaries
of a special district by the Local Agency Formation Commission
(LAFCO) .
Senator Boatwright introduced SB 1250 at the Board' s request. As
introduced, SB 1250 applied only to special districts which provide
water service.
SB 1250 was amended April 13, 1993 . As amended, SB 1250 applies to
all special districts which provide utility service, not just water
districts, and requires that any such special district provide
utility service to an area designated for urban growth when LAFCO
has included that area within the boundary of the special district.
In case of an objection from the special district, based on its
declaration that a lack of' servide capacity exists, and if the city
or county designating the area for urban growth disputes the
CONTINUED ON ATTACHMENT: YES SIGNATURE:
44
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION.OF BOARD ON - may -18., 1991 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) a AND CORRECT COPY OF AN ACTION TAKEN
AYES: �� � NOES: v AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS O THE DATE SHOWN.
ATTESTED 67
Contact: PHIL BATCHELQ9 CLERK OF THE BOARD OF
cc: See Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
-2-
evidence the special district relied on in making the findings and
determinations, the city or county may request a determination from
LAFCO. LAFCO would determine whether a lack of service capacity
exists . Before making this determination, LAFCO would have to hold
at least one public hearing. LAFCO would be required to make this
decision within 60 days.
The bill contains an urgency clause and thus would become effective-
upon passage by the Legislature and signature by the Governor.
In view of the fact that the Board of Supervisors originally
sponsored the concept which was introduced as SB 1250, it is
recommended that the Board of Supervisors acknowledge its
sponsorship of SB 1250, as amended April 13, 1993 .
cc: County Administrator.
Val Alexeeff, Director, GMEDA
Harvey Bragdon, Community Development Director
Victor J. Westman, County Counsel
Les Spahnn, Heim, Noack & Spahnn
AMENDED IN SENATE APRIL 13, 1%3
SENATE BILL No. 1250
Introduced by Senator Boatwright
(Principal coauthor: Assembly Member Rainey)
March 25, 1993
An act to add Article 10.9 (commencing with Section 65610)
to Chapter 3 of Division 1 of Title 7 of the Government Code,
relating to urban growth, and declaring the urgency thereof,
to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1250, as amended, Boatwright. Urban development:
water provision of services by special districts.
(1)- Existing law includes various provisions regarding
local planning, to ensure economically and socially desirable
land use within the state. Existing law includes no specific
provision regarding the provision of wetter services by special
districts to urban growth areas L within the state.
This bill would require any publie water p e-�4der special
district to provide water services to an area designated for
urban growth, as, defined, when the applicable local agency
formation commission has included that area within the
water :e special districts boundaries. This bill would
also permit the waters prem special district to refuse to
provide water service as required, by declaring that a water
shortage emergeney , e- adepNmg meted
regt&6ens aftd restrie6 RwAting the of new lack
of service capacity exists, as specified. It would permit the
city or county where the area for urban growth is designated
to challenge a refusal to provide service, by requesting a
determination from the State Wetter Res..........,, Gemmel
Board local agency formation commission as to .whether the
lack of service capacity exists. The bill
98 80
SB 1250 — 2 —
would
2 —would require the beard local agency formation commission
to hold at least one public hearing, and make its
determination within 4#39 60 days of receiving the request for
determination. Because the bill would impose new duties on
special districts and local agency formation commissions, it
would constitute a state-mandated local program.
(2) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish
procedures for making that reimbursement, including the
creation of a State Mandates Claims Fund to pay the costs of
mandates which do not exceed$1,000,000 statewide and other
procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State
Mandates determines that this bill contains costs mandated by
the state, reimbursement for those costs shall be made
pursuant to those statutory procedures and, if the statewide
cost does not exceed $1,000,000, shall be made from the State
Mandates Claims Fund.
(3) This bill would state declare that it is to take effect
immediately ; as an urgency statute.
.Vote: %. Appropriation: no. Fiscal committee: yes.
State-mandated local program: fte yes.
The people of the State of California do enact as follows.
1 SECTION 1. Article 10.9 (commencing with Section
2 65610) of Chapter 3 of Division 1 of Title 7 is added to the
3 Government Code, to read:
4
5 Article 10.9. Wetter PreN44eit Provision of Service to
6 Urban Growth Areas
7
8 65610. (a) When the voters of a city or county adopt
9 a measure, pursuant to Chapter 2 (commencing with
10 Section 3700), or Chapter 3 (commencing with Section
11 4000) of Division 5 of the Elections Code, designating an
12 area for urban growth by adopting urban limit lines, or
13 other growth boundaries, and the applicable local agency
98 120
- 3 — SB 1250
on 1 formation commission has included that area within the
its 2 boundaries of a publie , the pie water
3 preN4derehe& premie wetterspecial district, the special
For
or4 district shall provide service to the area so designated.
n 5 -(b* 8ubjeet to the ' ' 0 in Subdi-V49i {e};
it
6 -negting in this seetien shall 4wAt the ab hty of a publie
to 7 water prem to die a water shortage emer-geney
AS 8 , persoa t to Ghapter 3 with
ish 9 Seetiee 359} e€DMsien -1 e€the Water Gede, er to adept
he 10 the regt&Se and restrietie atAheri by that
Of 11 on new s+eriee:
ier 12 9 a pie re€tses to premie water
ed 13 se eein aeeerdanee with sebdi-Asi +a�,based open its
14 deelarati that a water
tte 15 eN44s perseaet to Gbapter 3 g with Seetiert
by 16 359} of DMsien I of the Water Gede, afd if the elty or
de 17 (b) (1) If a special district refuses to provide service
'de 18 in accordance with subdivision (a), based upon its
ite 19 declaration that a lack ofservice capacity exists, and if the
20 city or county designating the area for urban growth
31ct 21 disputes the evidence the publie water pre-Ader special
22' district relied upon in making the findings and
es. 23 determinations by that ehapter included within
24 the declaration, the city or county may request a
25 determination Frem the State meter Res ttre.., Gertrel
26 Beard as to whether the by the
27 publie water pre-ider em4sts. Be€ere i i its
28 , the State Water- Rene .,
._ ,.,, Geetfel Beard
on 29 shah held at least eee ,
to Seetien
he 30 483 eff the Water Gede. The deterffAnatie of the beard
31 shah be grade ee later thaft 420 days after- it Feeeives the
to 32 request of the eit�; er
33 SEG. 2r from the local agency formation commission
34 as to whether the lack of service capacity identified by
)pt 35 the special district exists.
ith 36 (2) Before issuing its determination pursuant to
on 37 paragraph (1), the local agency formation commission
an 38 shall hold at least one public hearing. The determination
or 39 of the local agency formation commission shall be made
icy 40 no later than 60 days after it receives the request of the
120 98 140
SB 1250 — 4 -
1
4 -1 city or county.
2 SEC. 2. Notwithstanding Section 17610 of the
3 Government Code, if the Commission on State Mandates
4 determines that this act contains costs mandated by the
5 state, reimbursement to local agencies and school
6 districts for those costs shall be made pursuant to Part 7
7 (commencing with Section 17500) of Division 4 of Title
8 2 of the Government Code. If the statewide cost of the
9 claim for reimbursement does not exceed one million
10 dollars ($1,000,000), reimbursement shall be made from
11 the State Mandates Claims Fund. Notwithstanding
12 Section 17580 of the Government Code, unless otherwise
13 specified in this act, the provisions of this act shall become
14 operative on the same date that the act .takes effect
15 pursuant to the California Constitution.
16 SEC. 3. This act is an urgency statute necessary for
17 the immediate preservation of the public peace, health,
18 or safety within the meaning of Article IV of the
19 Constitution and shall go into immediate effect. The facts
20 constituting the necessity are:
21 In order to ensure the rightful - delivery of wat.er
22. seri4ee, 4 et reetsettable eest; special district services to
23 areas of the state designated for urban development, it is
24 necessary that this act take effect immediately.
O
98 150