HomeMy WebLinkAbout1982-04-20; City Council; 6976; SB 1892 Support0
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MTG. 4-20-82 SB-1892 SUPPORT
DEPT._C_M __ _
RECOMMENDED ACTION:
DEPT. HD. __ _
CITY ATTY IJJ:i'S
CITYMGR.~
Endorse SB 1892 which clarifies the law concerning formation
of subsidiary districts and authorize Mayor and City Manager to support SB 1892.
ITEM EXPLANATION:
The law now authorizes a city to commence proceedings to
create a subsidiary district if 70% of the "taxable and
assessable area" of thP. ti i ,::t-r-i~'t .l.i~:::: ~:hGlly ;;;i Lh.iu the city.
This definition became an issue during the time Carlsbad was
attempting to make Costa Real a subsidiary district. The
city was required to hire a consultant to calculate the
area of 13,000 parcels in the district. This was a time
consuming and expensive task because the final percentage
came out less than 71%. The calculations were challenged
by the water district as being subject to error in calculation
and interpretation. That issue probably would have resulted
in litigation if the city had won the election.
SB 1892 will eliminate the problem we experienced by providing
that the 70% figure applies to the "assessed value of land
and improvements." That figure is readily verifiable by
referring to the assessor's roll.
EXHIBITS:
1. Senate Bill No. 1892
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SB 1892
1 included within the boundaries of a city t et' •
2 (b) A portion or portions of the territory of such
3 district Bfttil be are included within the boundaries of a
4 city and such portiua or portions shall both:
5 (1) Represent 70 percent or more of the ftfea ef
6 ttl,.'!fflele 6f 88sesseble lfflEl total assessed valuation of the
7 land and improvements within such district, as shown on
8 the last equalized assessment roll t ftftd .
9 (2) Contain 70 percent or more of the number of
10 -.-.:;g:.st.;rsd votsrs who reside wiihiu ih~ <lisirici: as shown
11 on the voter's registrar in the office of the county clerk
12 or registrar of v_oters.
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SENATE BILL No. 1892
Introduced by Senator Stiern
March 15, 1982
An act to amend Section 56403 of the Government Code,
relating to local government. C,
LEGISLATIVE COUNSEL'S DIGEST
::,J 1 ,92, as introduced, Stiern. Local government: District
Reorganization Act of 1965.
Under the existing District Reorganization Act of 1965, one
of the conditions upon which an order establishing a district
of limited powers as a subsidiary district to a city may be
adopted is that a portion of the territory of the ~strict is
included within the boundaries of a city and such portion both
(a) represents70% or more of the area of taxable or assessable
land within such district and (b) contains 70% or:more of the
number of registered voters who reside wi.thin the district.
This bill would revise the requirement described in (a) to
require that the portion of the territory represent 70% or
more of the total assessed valuation of the land an~,i
improvements instead of 70% or more of the area of taxable
or assessable land.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
l SECTION 1. Section 56403 of tht> Government Code
2 is amended to read:
3 56403. An order establishing a district of limited
4 powers as a subsidiary district may be adopted if upon the
5 date of such order either of the conditions specified in
6 subdivision (11) or (b) is satisfied:
7 (a) The entire territory of such district shall be