Bill Text: CA AB715 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Land conservation: subventions to local government:

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB715 Detail]

Download: California-2009-AB715-Amended.html

---

BILL NUMBER: AB 715	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 10, 2010
	AMENDED IN SENATE  JUNE 10, 2009
	AMENDED IN SENATE  JUNE 8, 2009
	AMENDED IN ASSEMBLY  APRIL 30, 2009

INTRODUCED BY   Assembly Member Caballero

                        FEBRUARY 26, 2009

    An act to amend Sections 25124 and 36933 of the
Government Code, relating to ordinances.   An act
relating to land conservation, and making an appropriation therefor.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 715, as amended, Caballero.  County and city
ordinances: publishing and posting requirements.   Land
conservation: subventions to local government: funding.  
   Existing law, known as the California Land Conservation Act of
1965, or the Williamson Act, authorizes a city or county, by
contract, to limit the uses of land to agricultural uses or as an
agricultural preserve in exchange for reduced property taxes.
Existing law provides replacement revenues to local governments by
reason of the reduction of the property tax on open-space lands
assessed under specified provisions of the Revenue and Taxation Code
(subvention payments), including lands enrolled under the Williamson
Act. Existing law continuously appropriates to the Controller from
the General Fund a sum sufficient to make the payments required under
those provisions.  
   The Disaster Preparedness and Flood Prevention Bond Act of 2006, a
bond act approved by the voters at the November 7, 2006, statewide
general election, makes $290,000,000 available, upon appropriation,
for the protection, creation, and enhancement of flood protection
corridors and bypasses through certain actions, including acquiring
easements and other interests in real property to protect or enhance
flood protection corridors and bypasses while preserving or enhancing
the agricultural use of the real property, and acquiring interests
in, or providing incentives for maintaining agricultural uses of,
real property that is located in a flood plain that cannot reasonably
be made safe from future flooding.  
   This bill would appropriate an unspecified amount from those bond
moneys to the Controller, for subvention payments for those parcels
enrolled under the Williamson Act for purposes consistent with
specified agricultural and flood protection corridor purposes for
which the bond moneys are made available.  
   (1) Existing law requires the county board of supervisors, within
15 days after the passage of an ordinance by the board, to cause the
ordinance to be published, with the names of those members voting for
and against the ordinance, in a newspaper of general circulation
published and circulated in the county, as specified. 

   This bill would authorize the county board of supervisors to
either publish the ordinance in a newspaper of general circulation or
on the official Internet Web site of the county and provide a copy
of the notice of adoption of the ordinance upon written request of
any person, as specified.  
   (2) Existing law requires the city clerk, within 15 days after the
passage of an ordinance by the city council, to cause the ordinance
to be published, with the names of those city council members voting
for and against the ordinance, in a newspaper of general circulation
published and circulated in the city, as specified. 

   This bill would authorize the city clerk to either publish the
ordinance in a newspaper of general circulation or on the official
Internet Web site of the city and provide a copy of the notice of
adoption of the ordinance upon written request of any person, as
specified. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Of the funds made available pursuant to
Section 5096.825 of the Public Resources Code, the sum of ____
dollars ($____) is hereby appropriated to the Controller, for
subvention payments pursuant to Chapter 3 (commencing with Section
16140) of Part 1 of Division 4 of Title 2 of the Government Code for
those parcels enrolled in a land conservation program pursuant to the
California Land Conservation Act of 1965 (also known as the
Williamson Act)(Chapter 7 (commencing with Section 51200) of Part 1
of Division 1 of Title 5 of the Government Code) for purposes
consistent with subdivision (a) or (e) of Section 5096.825 of the
Public Resources Code.  
  SECTION 1.    Section 25124 of the Government Code
is amended to read:
   25124.  (a) Except as provided in subdivision (d), before the
expiration of 15 days after the passage of an ordinance the county
board of supervisors shall do one of the following:
   (1) Publish the ordinance once, with the names of the members
voting for and against the ordinance, in a newspaper published in the
county if there is one, and if there is no newspaper published in
the county, the ordinance shall be posted in a prominent location at
the board of supervisors' chambers within the 15-day period and
remain posted thereafter for at least one week.
   (2) Post the ordinance, with the names of those members of the
board of supervisors voting for and against the ordinance, on an
official Internet Web site of the county, and provide a copy of the
notice of adoption of the ordinance upon written request of any
person in the manner described in Section 54954.1. If a county board
of supervisors chooses to post an ordinance pursuant to this
paragraph, the county board of supervisors shall post a legal
advertisement in a newspaper of general circulation at least once a
week for four consecutive weeks that provides notice that as of the
date specified all approved ordinances will be available for review
on the county's official Internet Web site and will no longer be
printed in the newspaper. The notice in the legal advertisement shall
include the Internet Web site address where the ordinances can be
found and information on how a mailed copy of the ordinances may be
obtained.
   (b) The local agency, at its option, may include in an ordinance
reclassifying land either a brief description accompanied by a map of
the boundaries of the property, as recited in the notice of hearing,
or a complete metes and bounds description accompanied by a map
depicting the reclassified property and adjacent properties. Except
for maps, any exhibit attached to and incorporated by reference in an
ordinance need not be published in its entirety if the publication
lists all those exhibits by title or description and includes a
notation that a complete copy of each exhibit is on file with the
clerk of the board of supervisors and is available for public
inspection and copying in that office in accordance with the
California Public Records Act, Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1. A certificate of the clerk of the
board of supervisors or order entered in the minutes of the board
that the ordinance has been duly published or posted is prima facie
proof of the publication or posting.
   (c) The publication or posting of ordinances, as required by
subdivision (a), may be satisfied by either of the following actions:

   (1) The county board of supervisors may publish a summary of a
proposed ordinance or proposed amendment to an existing ordinance.
The summary shall be prepared by an official designated by the board
of supervisors. A summary shall be published and a certified copy of
the full text of the proposed ordinance or proposed amendment shall
be posted in the office of the clerk of the board of supervisors at
least five days prior to the board of supervisors meeting at which
the proposed ordinance or amendment or alteration thereto is to be
adopted. Within 15 days after adoption of the ordinance or amendment,
the board of supervisors shall publish a summary of the ordinance or
amendment with the names of those supervisors voting for and against
the ordinance or amendment and the clerk shall post in the office of
the clerk of the board of supervisors a certified copy of the full
text of the adopted ordinance or amendment along with the names of
those supervisors voting for and against the ordinance or amendment.
   (2) If the county official designated by the board of supervisors
determines that it is not feasible to prepare a fair and adequate
summary of the proposed or adopted ordinance or amendment, and if the
board of supervisors so orders, a display advertisement of at least
one-quarter of a page in a newspaper of general circulation in the
county shall be published at least five days prior to the board of
supervisors meeting at which the proposed ordinance or amendment or
alteration thereto is to be adopted. Within 15 days after adoption of
the ordinance or amendment, a display advertisement of at least
one-quarter of a page shall be published. The advertisement shall
indicate the general nature of, and provide information about, the
proposed or adopted ordinance or amendment, including information
sufficient to enable the public to obtain copies of the complete text
of such ordinance or amendment, and the names of those supervisors
voting for and against the ordinance or amendment.
   (d) If the clerk of the board of supervisors fails to publish an
ordinance within 15 days after the date of adoption, the ordinance
shall not take effect until 30 days after the date of publication.
 
  SEC. 2.    Section 36933 of the Government Code is
amended to read:
   36933.  (a) (1) Within 15 days after its passage, the city clerk
shall do either of the following:
   (A) Cause each ordinance to be published at least once, with the
names of those city council members voting for and against the
ordinance, in a newspaper of general circulation published and
circulated in the city, or if there is none, he or she shall cause it
to be posted in at least three public places in the city or
published in a newspaper of general circulation printed and published
in the county and circulated in the city.
   (B) Post the ordinance, with the names of those city council
members voting for and against the ordinance, on the city's official
Internet Web site and provide a copy of the notice of adoption of the
ordinance upon written request of any person in the manner described
in Section 54954.1. If a city clerk chooses to post an ordinance
pursuant to this paragraph, the city clerk shall post a legal
advertisement in a newspaper of general circulation at least once a
week for four consecutive weeks that provides notice that as of the
date specified all approved ordinances will be available for review
on the city's official Internet Web site and will no longer be
printed in the newspaper. The notice in the legal advertisement shall
include the Internet Web site address where the ordinances can be
found and information on how a mailed copy of the ordinances may be
obtained.
   (2) In cities incorporated less than one year, the city council
may determine whether ordinances are to be published or posted.
Ordinances shall not be published in a newspaper if the charge
exceeds the customary rate charged by the newspaper for publication
of private legal notices, but these ordinances shall be posted in the
manner and at the time required by this section.
   (b) Except as provided in Section 36937, an ordinance shall not
take effect or be valid unless it is published or posted in
substantially the manner and at the time required by this section.
   (c) The publication or posting of ordinances, as required by
subdivision (a), may be satisfied by either of the following actions:

   (1) The city council may publish a summary of a proposed ordinance
or proposed amendment to an existing ordinance. The summary shall be
prepared by an official designated by the city council. A summary
shall be published and a certified copy of the full text of the
proposed ordinance or proposed amendment shall be posted in the
office of the city clerk at least five days prior to the city council
meeting at which the proposed ordinance or amendment or alteration
thereto is to be adopted. Within 15 days after adoption of the
ordinance or amendment, the city council shall publish a summary of
the ordinance or amendment with the names of those city council
members voting for and against the ordinance or amendment, and the
city clerk shall post in the office of the city clerk a certified
copy of the full text of the adopted ordinance or amendment along
with the names of those city council members voting for and against
the ordinance or amendment; or
   (2) If the city official designated by the city council determines
that it is not feasible to prepare a fair and adequate summary of
the proposed or adopted ordinance or amendment, and if the city
council so orders, a display advertisement of at least one-quarter of
a page in a newspaper of general circulation in the city shall be
published at least five days prior to the city council meeting at
which the proposed ordinance or amendment or alteration thereto is to
be adopted. Within 15 days after adoption of the ordinance or
amendment, a display advertisement of at least one-quarter of a page
shall be published. The advertisement shall indicate the general
nature of, and provide information about, the proposed or adopted
ordinance or amendment, including information sufficient to enable
the public to obtain copies of the complete text of the ordinance or
amendment, and the names of those city council members voting for and
against the ordinance or amendment.
   (d) (1) Any member of the public may file with the city clerk, or
any other person designated by the governing body to receive these
requests, a request for notice of specific proposed ordinances or
proposed amendments to ordinances.
   (2) Notice pursuant to paragraph (1) shall be mailed or otherwise
transmitted at least five days before the council is scheduled to
take action on the proposed ordinances or proposed amendments to an
ordinance. Notice may be given by written notice properly mailed or
by e-mail if the requesting member of the public provides an e-mail
address. Notice may be in the form specified in either paragraph (1)
or (2) of subdivision (c), as determined by the city council.
   (3) As an alternative to providing notice as requested of specific
proposed ordinances or proposed amendments to ordinances, the city
clerk, or other person designated by the governing body, may place
the requesting member of the public on a general mailing list that
gives timely notice of all governing body public meetings at which
proposed ordinances or proposed amendments to ordinances may be
heard, as provided in Section 54954.1. If this alternative is
selected, the requesting member of the public shall be so advised.
   (4) The city may charge a fee that is reasonably related to the
costs of providing notice pursuant to this subdivision. The city may
require each request to be annually renewed.
   (5) Failure of the requesting person to receive the information
pursuant to this subdivision shall not constitute grounds for any
court to invalidate an otherwise properly adopted ordinance or
amendment to an ordinance.