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Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 1990

Opinion Question Conclusion Published
90-906 Is a nonprofit association which sells food to the public at events sponsored by the county, such as county historical celebrations, eligible for the "occasional events" exemption of the California Uniform Retail Food Facilities Law? A nonprofit association which sells food to the public at events sponsored by the county, such as county historical celebrations, is not eligible for the "occasional events" exemption of the California Uniform Retail Food Facilities Law.

Official Citation: 73 Ops.Cal.Atty.Gen. 414
12/05/1990
90-901 Daniel B. Lee, relator herein, has requested this office to grant leave to sue Harry Bowers in a "quo warranto" proceeding pursuant to the terms of Code of Civil Procedure section 803.

1. Is Mr. Bowers required by law to have his residence within the District?

2. Has Mr. Bowers ceased to be an inhabitant of the District?
It is concluded that leave to sue should be DENIED.

Official Citation: 73 Ops.Cal.Atty.Gen. 427
12/26/1990
90-892 Hector Varela, President of the Board of Education, Bassett Unified School District, relator herein, has requested this office to grant leave to sue Edward L. Chavez in quo warranto pursuant to the terms of Code of Civil Procedure section 803. The principal issue presented is whether the offices of school district trustee and city council member are incompatible, so that upon his assumption of the later office, the proposed defendant in this action forfeited the former. It is concluded that leave to sue should be GRANTED.

Official Citation: 73 Ops.Cal.Atty.Gen. 354
10/31/1990
90-891 The Alameda County Central Labor Council et al., have requested this office to grant leave to sue Lionel J. Wilson in quo warranto pursuant to section 803 o the Code of Civil Procedure to test his right to hold the office of mayor of the City of Oakland or in the alternative to hold the office of Oakland Port Commissioner. Leave to sue is granted.

Official Citation: 73 Ops.Cal.Atty.Gen. 357
10/24/1990
90-805 May a county, charter city, or general law city require a mobilehome park owner to grant the park residents a right of first refusal before the owner accepts an offer to sell the park? A county, charter city, or general law city may not require a mobilehome park owner to grant the park residents a right of first refusal before the owner accepts an offer to sell the park.

Official Citation: 73 Ops.Cal.Atty.Gen. 431
12/27/1990
90-801 Must a California peace officer accept custody of a person who has been placed under citizen's arrest for a crime when requested to do so by the person who made the arrest if the officer is satisfied that there is insufficient grounds for making a criminal complaint against the person arrested? A California peace officer must accept custody of a person who has been placed under citizen's arrest for a crime when requested to do so by the person who made the arrest if the officer is satisfied that there is insufficient grounds for making a criminal complaint against the person arrested but the officer may then release the person from custody pursuant to Penal Code section 849, subdivision (b)(1).

Official Citation: 73 Ops.Cal.Atty.Gen. 291
10/02/1990
90-691 Wesley Davis has requested this office grant leave to sue Michael Alan Davis pursuant to Code of Civil Procedure sections 803-810. The issue presented is whether the offices of School District trustee and Water District director are "incompatible" so as to cause a forfeiture of office for Mr. Davis as a School District trustee. Leave to sue is granted.

Official Citation: 73 Ops.Cal.Atty.Gen. 268
08/30/1990
90-602 1. Under what circumstances must persons be allowed to appeal to the governing body of a city an adverse determination made by a city advisory agency or appeal board to approve, conditionally approve, or disapprove a parcel or tentative map of a proposed subdivision?

2. May the Legislature enact a statute that does not allow persons affected by a parcel or tentative map determination made by a city advisory agency or appeal board to appeal the decision to the governing body of the city?

3. May a charter provision of a charter city disallow persons affected by a parcel or tentative map determination made by a city advisory agency or appeal board to appeal the decision to the governing body of the city?
1. Persons must be allowed to appeal to the governing body of a city the determination made by a city advisory agency or appeal board to approve, conditionally approve, or disapprove a parcel or tentative map of a proposed subdivision with respect to required findings concerning (1) general and specific plan consistency, (2) suitable site, (3) environmental, (4) public health control violations that are assigned to the advisory agency or appeal board. In addition, with respect to a tentative map determination made by a city advisory agency or appeal board, (1) the subdivider, (2) any tenant of the subject property in the case of a residential conversion project, and (3) the advisory agency must be allowed to appeal the determination to the governing body of the city, and (4) any interested person adversely affected by the determination must be allowed to obtain review by the filing of a complaint with the governing body of the city.

2. The Legislature may enact a statute that does not allow persons affected by a parcel or tentative map determination made by a city advisory agency or appeal board to appeal the decision to the governing body of the city.

3. A charter provision of a charter city may not disallow persons affected by a parcel or tentative map determination made by a city advisory agency or appeal board to appeal the decision to the governing body of the city.

Official Citation: 73 Ops.Cal.Atty.Gen. 338
10/30/1990
90-591 We have reinstated the Application Pedro Pallan has filed for leave to sue the Compton Unified School District, Ted D. Kimbrough (ind. and as Superintendent of the District) and Larry Smith in quo warranto in the name of the People of the State of California pursuant to the provisions of section 803-810 of the Code of Civil Procedure. The purpose is to test Mr. Smith's right to hold the office of Personnel Commissioner on the District's Personnel Commission in lieu of Mr. Pallan. Dispute arises upon Mr. Pallan's contention that the Board of Trustees of the District erroneously believed him not to be a resident of the District and thereupon improperly considered a vacancy to exist in the position he occupied as Personnel Commissioner and chose Mr. Smith to fill it in his stead. It is determined that leave to sue should be GRANTED.

Official Citation: 73 Ops.Cal.Atty.Gen. 197
07/26/1990
90-507 1. Will the proposed acquisition of San Diego Gas and Electric Company by SCEcorp, the parent of Southern California Edison Company, adversely affect competition?

2. What mitigation measures could be adopted to avoid adverse effects on competition?
1. The proposed acquisition will adversely affect competition in wholesale and retail electric power markets.

2. Some of the adverse effects can be avoided by appropriately conditioning the merger, but some of the effects are not susceptible to relief through conditions.

Accordingly, we have concluded that the acquisition cannot be approved under section 854.

Official Citation: 73 Ops.Cal.Atty.Gen. 366
05/07/1990
90-506 1. Must the recording of an assignment to the Public Employees' Retirement System (PERS) of the beneficial interest in a deed of trust pursuant to the PERS Member Home Loan Program be accompanied by a certificate or resolution of acceptance as specified in section 27281 of the Government Code?

2. Must the recording of an assignment to the State Department of Housing and Community Development's (HCD) interest of beneficiary of a deed of trust issued pursuant to a loan made by HCD for the development of low and moderate income housing be accompanied by a certificate or resolution of acceptance as specified in section 27281 of the Government Code?
1. The recording of an assignment to the Public Employees' Retirement System (PERS) of the beneficial interest in a deed of trust pursuant to the PERS Member Home Loan Program must be accompanied by a certificate or resolution of acceptance as specified in section 27281 of the Government Code.

2. The recording of an assignment to the State Department of Housing and Community Development's (HCD) interest of beneficiary of a deed of trust issued pursuant to a loan made by HCD for the development of low and moderate income housing must be accompanied by a certificate or resolution of acceptance as specified in section 27281 of the Government Code.

Official Citation: 73 Ops.Cal.Atty.Gen. 305
10/04/1990
90-505 1. When a school district uses supplemental grant funds for one or more of the enumerated programs of Education Code section 54761, is it statutorily required to maintain its previous level of unrestricted funding for the enumerated programs?

2. Does the Department of Education have the authority to require a school district to maintain its previous level of unrestricted funding for the enumerated programs of Education Code section 54761 as a condition of receiving supplemental grant funds?
1. When a school district uses supplemental grant funds for one or more of the enumerated programs of Education Code section 54761, it is not statutorily required to maintain its previous level of unrestricted funding for the enumerated programs.

2. The Department of Education does not have the authority to require a school district to maintain its previous level of unrestricted funding for the enumerated programs of Education Code section 54761 as a condition of receiving supplemental grant funds.

Official Citation: 73 Ops.Cal.Atty.Gen. 330
10/25/1990
90-503 What is the meaning of the phrase "accessible right-of-way" for purposes of the requirement that service stations provide public restrooms for their customers? An "accessible right-of-way" for purposes of the requirement that service stations provide public restrooms for their customers means that portion of an interstate or primary highway where vehicular traffic is authorized to enter such highway from the general road system of the state or where vehicular traffic is authorized to enter the general road system of the state from such highway.

Official Citation: 73 Ops.Cal.Atty.Gen. 424
12/26/1990
90-502 Does a California fire protection district have the authority under Government Code section 66001 to impose a fee upon development projects in the district to pay for construction of facilities or equipment needed for fire protection? A California fire protection district does not have the authority under Government Code section 66001 to impose a fee upon development projects in the district to pay for construction of facilities or equipment needed for fire protection.

Official Citation: 73 Ops.Cal.Atty.Gen. 229
08/21/1990
90-501 Do in lieu taxes, mitigation revenues, and tax increment funds given by a redevelopment agency to a school district pursuant to Health and Safety Code sections 33401 and 33676 constitute "property tax revenue" required to be deducted under Education Code section 42238 in computing the amount of a school district's state general aid? In lieu taxes, mitigation revenues, and tax increment funds given by a redevelopment agency to a school district pursuant to Health and Safety Code sections 33401 and 33676 do not constitute "property tax revenue" required to be deducted under Education Code section 42238 in computing the amount of a school district's state general aid.

Official Citation: 73 Ops.Cal.Atty.Gen. 324
10/25/1990
90-493 Charles Ray and Joe Culver have requested leave to sue in quo warranto proposed defendant John Bosta elected as a director on the board of directors of Eagle Lake Community Services District on November 3, 1987. Due to Lassen County reorganization of Community Services Districts on January 10, 1990, posses the question of whether John Bosta meets the residency requirement? It is concluded that leave to sue should be DENIED without prejudice.

Official Citation: 73 Ops.Cal.Atty.Gen. 188
06/13/1990
90-491 Request to sue proposed defendant Ellwood D. Munger in quo warranto whether the office of school district trustee and the office of community services district director are incompatible, and whether upon his assumption of the latter office, Munger forfeited the former. It is concluded that leave to sue should be GRANTED.

Official Citation: 73 Ops.Cal.Atty.Gen. 183
06/13/1990
90-402 1. When a county having a population of 500,000 or less rejects all competitive bids on a public project, and the board of supervisors, after reevaluating the county's cost estimates on the project, by a four-fifths vote declares that in its opinion the project can be negotiated at a lower price than any of the bids which were submitted, may the county thereafter negotiate a contract with a contractor who did not submit a bid on the project?

2. When a county having a population of 500,000 or less negotiates a contract for a public project under the circumstances set forth above, may it proceed with the project where (1) the negotiations with the contractor result in a contract based upon the original plans and specifications, but (2) during the negotiations the contractor identifies changes which can be made to the project which will substantially reduce the overall cost of the project, and (3) the county executes change orders after the contract is entered into in conformity with the identified changes to substantially reduce the cost of the project?
1. Until January, 1, 1991, when a county having a population of 500,000 or less rejects all competitive bids on a public project, and the board of supervisors, after reevaluating the county's cost estimates on the project, by a four-fifths vote declares that in its opinion the project can be negotiated at a lower price than any of the bids which were submitted, the county may thereafter negotiate a contract with a contractor who did not submit a bid on the project.

2. When a county having a population of 500,000 or less negotiates a contract for a public project under the circumstances set forth above, the county may not thereafter proceed with the project where (1) the negotiations with the contractor result in a contract based upon the original plans and specifications, but (2) during the negotiations the contractor identifies changes which can be made to the project which will substantially reduce the overall cost of the project, and (3) the county executes change orders after the contract is entered into in conformity with the identified changes to substantially reduce the cost of the project.

Official Citation: 73 Ops.Cal.Atty.Gen. 417
12/13/1990
90-391 The Board of Trustees of the San Luis Coastal Unified School District has requested this office to grant leave to sue Caroline Botwin pursuant to the provisions of Code of Civil Procedure sections 803-810 whether Ms. Botwin is disqualified from holding the office of Board member because she is a certificated employee of the San Luis Coastal Unified School District. Leave to sue is denied.

Official Citation: 73 Ops.Cal.Atty.Gen. 191
07/06/1990
90-306 Does the Legislature's limitation upon the number of counties eligible to receive bond funds for youth shelters for abused and neglected children comply with the conditions set forth in the bond act approved by the voters? The Legislature's limitation upon the number of counties eligible to receive bond funds for youth shelters for abused and neglected children complies with the conditions set forth in the bond act approved by the voters.

Official Citation: 73 Ops.Cal.Atty.Gen. 224
08/21/1990
90-304 Where a group of radiologists contracts with physicians to provide imaging services for the patients of the physicians, and the agreement provides that (1) the group will charge each patient a fee for the services, (2) the fees collected will be transmitted to the physicians, (3) the physicians will pay stipulated amounts to the group for the services, and (4) the total amounts paid by the physicians will be independent of but increase proportionately less than the total fees collected from the patients, would performance of the agreement violate Business and Professions Code section 650? Where a group of radiologists contracts with physicians to provide imaging services for the patients of the physicians, and the agreement provides that (1) the group will charge each patient a fee for the services, (2) the fees collected will be transmitted to the physicians, (3) the physicians will pay stipulated amounts to the group for the services, and (4) the total amounts paid by the physicians will be independent of but increase proportionately less than the total fees collected from the patients, performance of the agreement would violate Business and Professions Code section 650.

Official Citation: 73 Ops.Cal.Atty.Gen. 321
10/25/1990
90-303 Are plans and specification of local detention facilities required to be disclosed to members of the public under the Public Records Act? Plans and specification of local detention facilities are generally not required to be disclosed to members of the public under the Public Records Act.

Official Citation: 73 Ops.Cal.Atty.Gen. 236
08/23/1990
90-302 1. To what extent does State law permit golf carts to be operated on local public streets and highways in the absence of local legislative action under section 21115 of the Vehicle Code to designate portions of local streets and highways for combined use by golf carts and regular vehicular traffic?

2. To what extent may local authorities extend or restrict the operation of golf carts on local streets and highways under their jurisdiction?
1. Golf carts to be operated on local public streets and highways with speed limits of 25 miles per hour or less despite an absence of local legislative action under section 21115 of the Vehicle Code, if the carts are registered with the Department of Motor Vehicles, bear a license plate issued by the Department, and are properly equipped.

2. If a local authority does act under section 21115 of the Vehicle Code to designate certain portions of local highways for combined use by golf carts and regular vehicular traffic, then golf carts that are not registered with the DMV, and that are not equipped as required by the Vehicle Code (if not operated during darkness), may be operated on those designated portions of highway. Under subdivision (c) of section 21101 of the Code, local authorities may prohibit the operation of golf carts on particular local streets and highways if circumstances warrant. Section 21115 of the Code does not authorize local authorities to ban golf carts from operating on any public street or highway having a speed limit of 25 miles per hour or less within their jurisdiction, if the carts have been registered with the Department of Motor Vehicles, bear a license plate issued by the Department, and are properly equipped. Nor does the section permit local authorities to authorize the use of golf arts on any public highway under their jurisdiction with a speed limit in excess of 25 miles per hour, including the operation of the carts in a crossing zone which traverses such a highway.

Official Citation: 73 Ops.Cal.Atty.Gen. 273
09/26/1990
90-202 May a person who has been arrested for a traffic offense be required to furnish his or her social security number to the arresting officer or to the court when the person is admitted to bail or fined, so that it would be available to a county department of collections for collection purposes in the event the person does not pay the fine? A person who has been arrested for a traffic offense may be required to furnish his or her social security number to the arresting officer or to the court when the person is admitted to bail or fined, so that it would be available to a county department of collections for collection purposes in the event the person does not pay the fine, if (1) such mandatory disclosure is authorized by state statute, Judicial Council rule, or other administrative regulation, (2) the person is first informed that furnishing the number is mandatory by virtue of such authority, and (3) he or she is told the uses that will be made of it.

Official Citation: 73 Ops.Cal.Atty.Gen. 347
10/31/1990
90-201 the federal courts and tribunals in California if authorized by federal law?1. May a person who is not an active member of the State Bar of California, but has been issued a current Certificate of Registration as a Registered Foreign Legal Consultant, practice law in California?

2. May a person who is not an active member of the State Bar of California, but has been issued a current Certificate of Registration as a Registered Foreign Legal Consultant, practice law in the federal courts and tribunals in California if authorized by federal law?
1. A person who is not an active member of the State Bar of California, but has been issued a current Certificate of Registration as a Registered Foreign Legal Consultant, may practice law in California to the extent authorized under rule 988 of the California Rules of Court.

2. A person who is not an active member of the State Bar of California, but has been issued a current Certificate of Registration as a Registered Foreign Legal Consultant, may practice law in the federal courts and tribunals in California if authorized by federal law.

Official Citation: 73 Ops.Cal.Atty.Gen. 172
06/21/1990
90-103 Does the Equal Protection Clause principle of "one person, one vote" apply to the members of a local transportation authority appointed pursuant to section 180051 of the Public Utilities Code, a provision of the Local Transportation Authority and Improvement Act? The Equal Protection Clause principle of "one person, one vote" does not apply to the members of a local transportation authority appointed pursuant to section 180051 of the Public Utilities Code, a provision of the Local Transportation Authority and Improvement Act.

Official Citation: 73 Ops.Cal.Atty.Gen. 147
05/10/1990
90-102 1. Would creation by condominium plan of a three-dimensional division of airspace which is then severed from any ownership interest in the underlying earth violate the provisions of Government Code section 66426 in the absence of a tentative and final map?

2. Would a condominium project consisting of five or more divisions of airspace within a previously created three-dimensional air cube constitute a subdivision under the terms of Government Code section 66246 for which a tentative a final map would be required even though such divisions of airspace are not coupled with any ownership interest in the earth underlying the airspace?
1. Creation by condominium plan of a three-dimensional division of airspace which is then severed from any ownership interest in the underlying earth would violate the provisions of Government Code section 66426 in the absence of a tentative and final map?

2. A condominium project consisting of five or more divisions of airspace within a previously created three-dimensional air cube would constitute a subdivision under the terms of Government Code section 66246 for which a tentative a final map would be required even though such divisions of airspace are not coupled with any ownership interest in the earth underlying the airspace.

Official Citation: 73 Ops.Cal.Atty.Gen. 312
10/25/1990
89-1291 Richard Armstrong, relator, has requested this office to grant leave to sue William Hartford pursuant to the provisions of Code of Civil Procedure sections 803-810. The proposed complaint alleges that Mr. Hartford is disqualified under the terms of Penal Code section 424 from holding the "office" of personnel director for the Personnel Commission of the Lynwood Unified School District. The application for leave to sue is granted to test whether Mr. Hartford holds an "office in this state" for purposes of Penal Code section 424.

Official Citation: 73 Ops.Cal.Atty.Gen. 69
04/03/1990
89-1205 May a city or county, as a condition of regulating and approving the creation of a subdivision, lawfully require the dedication of land improved for park and recreational purposes without credit being given to the subdivider for the value of the recreational improvements? A city or county, as a condition of regulating and approving the creation of a subdivision, may not lawfully require the dedication of land improved for park and recreational purposes without credit being given to the subdivider for the value of the recreational improvements.

Official Citation: 73 Ops.Cal.Atty.Gen. 152
05/22/1990
89-1204 Which year is a school district's "base year" for purposes of receiving state reimbursement for voluntary desegregation costs? A school district's "base year" for purposes of receiving state reimbursement for voluntary desegregation costs is the 1984-1985 fiscal year if the district incurred desegregation costs audited and approved by the Controller for that year. If the district initiated its desegregation program after the 1984-1985 fiscal year, its "base year" is its first fiscal year of implementing its desgregation plan.

Official Citation: 73 Ops.Cal.Atty.Gen. 167
06/06/1990
89-1202 1. Can public funds of a city, county or district be lawfully used to draft an initiative or referendum measure which will be circulated for signatures among the voters with respect to legislation of another city, county or district?

2. Can public funds of a city, county or district be lawfully used to gather signatures for an initiative or referendum measure with respect to legislation of another city, county or district? Is there a distinction in law between a state measure and a local measure regarding gathering signatures? Is there a distinction in law between the use of public funds regarding gathering signatures for a referendum measure versus an initiative measure?

3. Can public funds be used to promote an initiative or referendum measure that has qualified for the ballot? Can a public agency or official use public funds to provide education information to the public about a ballot measure? If so, how is a distinction made between "educational materials" and "campaign literature?"
1. Public funds of a city, county or district be may lawfully used to draft an initiative or referendum measure which will be circulated for signatures among the voters with respect to legislation of another city, county or district.

2. Public funds of a city, county or district may not be lawfully used to gather signatures for an initiative or referendum measure with respect to legislation of another city, county or district. There is no distinction in law to be drawn between a state measure or a local measure in this respect. Nor is there a distinction in law between the use of public funds regarding gathering signatures for a referendum measure versus an initiative measure.

3. Public funds cannot be used to promote an initiative or referendum measure that has qualified for the ballot, at least in the absence of clear and explicit legislative authorization. A public agency or official can use public funds to provide education information to the public about a ballot measure. No hard and fast rule be set forth to distinguish between "campaign literature" and "education materials" which will govern each case. Circumstances such as the style, tenor or timing of the publication may be determinative.

Official Citation: 73 Ops.Cal.Atty.Gen. 255
08/30/1990
89-1201 May the trespass provisions of Penal Code section 602, subdivision (n) be constitutionally applied to a person picketing or distributing leaflets on the privately owned parking lot of a small medical clinic providing family planning services including abortions, if signs are posted stating that use of the lot is restricted to patients and staff and the person refuses to leave at the request of the clinic owner? The trespass provisions of Penal Code section 602, subdivision (n) may be constitutionally applied to a person picketing or distributing leaflets on the privately owned parking lot of a small medical clinic providing family planning services including abortions, if signs are posted stating that use of the lot is restricted to patients and staff and the person refuses to leave at the request of the clinic owner.

Official Citation: 73 Ops.Cal.Atty.Gen. 213
07/07/1990
89-1104 When a county probation department or social services department pursuant to juvenile court authorization places a "dependent child" of the court in a licensed children's institution in another county, and the child is eligible for special education and related mental health services, which public agency is responsible for the costs of providing related mental health services to the child? When a county probation department or social services department pursuant to juvenile court authorization places a "dependent child" of the court in a licensed children's institution in another county, and the child is eligible for special education and related mental health services, the county from which the child is placed is responsible for the costs of providing related mental health services.

Official Citation: 73 Ops.Cal.Atty.Gen. 143
05/08/1990
89-1103 With respect to an employment discrimination complaint filed against a county employee who is a peace officer, may the county affirmative action officer lawfully furnish a copy of the completed investigation report to a complainant who is not a peace officer? With respect to an employment discrimination complaint filed against a county employee who is a peace officer, the county affirmative action officer may not lawfully furnish a copy of the completed investigation report to a complainant who is not a peace officer.

Official Citation: 73 Ops.Cal.Atty.Gen. 90
04/05/1990
89-1101 The California Board of Pharmacy has requested an opinion on the following questions concerning Business and Professions Code section 4046, subdivision (c)(1), which provides that neither the California Pharmacy Law nor any other law shall be construed to prohibit a registered pharmacist from furnishing to a prescriber a reasonable quantity of compounded medication for prescriber office use:

1. Does "reasonable quantity" mean any quantity requested by the prescriber as long as there is some medical basis for the use?

2. Does "compounded medication" include medication which the pharmacy repackages but does not reformulate or admix?

3. Does "prescriber office use" include drugs which the prescriber dispenses to patients for administration outside the prescriber's office or clinic?
As used in Business and Professions Code section 4046, subdivision (c)(1), which provides that neither the California Pharmacy Law nor any other law shall be construed to prohibit a registered pharmacist from furnishing to a prescriber a reasonable quantity of compounded medication for prescriber office use:

1. "Reasonable quantity" means the amount of medication an ordinarily prudent pharmacist would believe likely to be used or dispensed by a physician in the particular circumstances of that physician, based on all the facts known to to or which should reasonably be known to the pharmacist.

2. "Compounded medication" does include medication which the pharmacy repackages but does not reformulate or admix.

3. "Prescriber office use" does not include drugs which the prescriber dispenses to patients for administration outside the prescriber's office or clinic.


Official Citation: 73 Ops.Cal.Atty.Gen. 103
04/18/1990
89-1003 May the city council of a general law city provide for its members during their current terms of office a prepaid whole life insurance policy which would provide a member upon resignation or termination a direct and immediate cash benefit? The city council of a general law city may provide for its members during their current terms of office a prepaid whole life insurance policy which would provide a member upon resignation or termination a direct and immediate cash benefit, provided that such benefits are available to a large number of the city's employees.

Official Citation: 73 Ops.Cal.Atty.Gen. 296
10/04/1990
89-1002 May an attorney employed full time by the Franchise Tax Board to research certain areas of tax law and advise the Board and other employees of the Board on such laws, including as part of his or er duties giving seminars to selected Board employees and private tax practitioners, during his or her off duty hours lawfully (a) give identical seminars to private tax practitioners for compensation; (b) teach a private law school course in tax law for compensation; or (c) compile a book upon the special area of tax law he or she has researched in performing his or her state duties incorporating therein records which he or she has prepared in performing such duties and non-record information he or she has learned in research of that special area of tax law in performing his or her state duties and publish such book for compensation? May an attorney employed full time by the Franchise Tax Board to research certain areas of tax law and advise the Board and other employees of the Board on such laws, including as part of his or her duties giving seminars to selected Board employees and private tax practitioners, during his or her off duty hours may lawfully: (a) give identical seminars to private tax practitioners for compensation; (b) teach a private law school course in tax law for compensation; or (c) compile a book upon the special area of tax law he or she has researched in performing his or her state duties incorporating therein records which he or she has prepared in performing such duties and non-record information he or she has learned in research of that special area of tax law in performing his or her state duties and publish such book for compensation provided he or she has complied with subdivisions (a) through (g) of Government Code section 19990 and all laws regarding disclosure of the information to others and with respect to the publication of the book has not infringed any copyright the state may have in the material incorporated therein.

Official Citation: 73 Ops.Cal.Atty.Gen. 239
08/28/1990
89-1001 How will the decommissioning of the Rancho Seco nuclear powerplant affect the contribution that is made under Government Code section 8610.5 by the Sacramento Municipal Utility District and other utilities with nuclear powerplants for reimbursement of State and local agency costs for nuclear powerplant emergency planning and preparedness? The decommissioning of the Rancho Seco nuclear powerplant will not affect the contribution that is made under Government Code section 8610.5 by the Sacramento Municipal Utility District and other utilities with nuclear powerplants for reimbursement of State and local agency costs for nuclear powerplant emergency planning and preparedness until the federal Nuclear Regulatory Commission determines that such preparedness is no longer necessary in connection with the Rancho Seco facility. Thereafter, the Sacramento Municipal Utility District will no longer be responsible for contribution under the section and the remaining two utilities with nuclear powerplants in California will share equally in reimbursing the overall State costs for nuclear powerplant emergency preparedness under the section. Those utilities will also remain individually responsible for reimbursing the particular local costs of preparedness occasioned by their individual facilities.

Official Citation: 73 Ops.Cal.Atty.Gen. 122
05/08/1990
89-905 1. How many judicial positions are authorized for the Antelope Municipal Court District?

2. How many judicial positions are authorized for the South Bay Municipal Court District?
1. State law authorizes three judges for the Antelope Municipal Court District plus two additional judges when authorized by resolution of the Board of Supervisors adopted pursuant to section 72602.5 and section 72602.6 of the Government Code.

2. State law authorizes six judges for the South Bay Municipal Court District plus up to three additional judges when authorized by resolution of the Board of Supervisors adopted pursuant to section 72602.3 of the Government Code.

Official Citation: 73 Ops.Cal.Atty.Gen. 6
09/10/1990
89-903 Would the adoption by the Midpeninsula Regional Open Space District of a resolution listing all parcels of real property larger than twenty acres within its planning area as the potential subject of negotiation for purchases satisfy the disclosure prerequisite for a closed session regarding the purchase of any one or more of such parcels? The adoption by the Midpeninsula Regional Open Space District of a resolution listing all parcels of real property larger than twenty acres within its planning area as the potential subject of negotiation for purchases would not satisfy the disclosure prerequisite for a closed session regarding the purchase of any one or more of such parcels?

Official Citation: 73 Ops.Cal.Atty.Gen. 1
01/09/1990
89-902 Is a licensed real estate agent required or permitted to disclose the location of a licensed care facility serving six or fewer people to prospective buyers of residential property? A licensed real estate agent is not required or permitted to disclose the location of a licensed care facility serving six or fewer people to prospective buyers of residential property. Disclosure in response to an inquiry is permitted if it is factual, not intended to aid discrimination against or segregation of licensed care facilities within the community, and in fact does not have that effect.

Official Citation: 73 Ops.Cal.Atty.Gen. 58
03/14/1990
89-891 Does Pedro Pallan meet the residency requirement to serve as a member of the Personnel Commission of the Compton Unified School District? The application of Pedro Pallan for leave to sue is denied without prejudice to its reinstatement if and when the action now pending in the Los Angeles County Superior Court in Case No. C 730286, which raises the same issues as would be raised in the action for which lave to sue is sought, terminates without resolving those issues.

Official Citation: 73 Ops.Cal.Atty.Gen. 109
04/24/1990
89-804 May money deposited in the criminalistics laboratories fund of a county be used to pay the fees of a privately operated laboratory performing chemical analyses for controlled substances in connection with investigations of persons charged with being under the influence of controlled substances by a city or county that obtains its analyses of solid-dose controlled substances from the Department of Justice? Money deposited in the criminalistics laboratories fund of a county may not be used to pay the fees of a privately operated laboratory performing chemical analyses for controlled substances in connection with a cit or county investigation of persons charged with being under the influence of controlled substances when the county is served by the criminalistic laboratories of the Department of Justice insofar as analyses of solid-dose controlled substances are concerned.

Official Citation: 73 Ops.Cal.Atty.Gen. 53
03/08/1990
89-803 Is a section of highway more than 300 feet long, fronted on both sides entirely by businesses which do not have vehicular access to the highway by driveways or alleys, in "a business district" within the meaning of Vehicle Code section 22102 which prohibits U-turns in business districts except at intersections? A section of highway more than 300 feet long is fronted on both sides entirely by businesses which do not have vehicular access to the highway by driveways or alleys, is not in "a business district" within the meaning of section 22102 Vehicle Code.

Official Citation: 73 Ops.Cal.Atty.Gen. 117
05/03/1990
89-701 Does a state trial court have the authority to direct the placement of a person convicted of a crime into in a private work furlough facility that is being operated without a contract with the county? A state trial court does not have the authority to direct the placement of a person convicted of a crime into in a private work furlough facility that is being operated without a contract with the county.

Official Citation: 73 Ops.Cal.Atty.Gen. 45
01/24/1990
89-605 May a joint union high school district establish and operate a junior high school program for one of its component elementary districts for the exclusive attendance by the student residents of that district? A joint union high school district may establish and operate a junior high school program for one of its component elementary districts for the exclusive attendance by the student residents of that district.

Official Citation: 73 Ops.Cal.Atty.Gen. 84
04/04/1990
89-604 May a county board of supervisors levy an additional 0.5 percent sales tax pursuant to Revenue and Taxation Code section 7285 without submitting the proposal to the voters of the county for their approval? The requirement in section 7285 of the Revenue and Taxation Code that county voters must approve the additional 0.5 percent sales tax is unconstitutional and is not severable from the remainder, making section 7285 void in its entirety. A board of supervisors has no authority to levy an additional 0.5 percent sales tax pursuant to section 7285 with or without the approval of county voters.

Official Citation: 73 Ops.Cal.Atty.Gen. 111
05/03/1990
89-602 Does a California city have the authority to prohibit the parking of particular categories of vehicles, such as recreational vehicles or motor vehicles which exceed a specified length or width, on its residential streets during all or certain hours of the day? A California city has no authority to prohibit the parking of particular categories of vehicles on its residential streets during all or certain hours of the day, with the exception of commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more.

Official Citation: 73 Ops.Cal.Atty.Gen. 13
01/11/1990
89-508 1. May a county hazardous waste management plan substantially comply with the Planning and Zoning Law when adopted as an optional element of the county's general plan following disapproval of the same plan by the Department of Health Services when submitted to that department pursuant to the Hazardous Waste Control Law?

2. If a county's general plan does not substantially comply with the statutory requirements for general plans, may the county lawfully issue building permits, grant zoning changes or variances or approve subdivision maps?
1. A county hazardous waste management plan may substantially comply with the Planning and Zoning Law when adopted as an optional element of the county's general plan even though the same plan had previously been disapproved by the Department of Health Services when submitted to that department pursuant to the Hazardous Waste Control Law.

2. A county may lawfully issue building permits, grant zoning changes or variances or approve subdivision maps unless and until the court suspends the authority of the county to take any of such actions based upon its finding that the general plan does not substantially comply with statutory requirements in a judgment rendered pursuant to Government Code section 65754.

Official Citation: 73 Ops.Cal.Atty.Gen. 78
04/04/1990
89-502 1. Does a California city have authority to enact an ordinance prohibiting the payment of less than the prevailing wages as determined by the state for public works projects on private construction projects in the city?

2. Does a California city have authority to enact an ordinance prohibiting the employment of those who have not completed or are not engaged in an apprentice program on private projects in the city?
1. A California city has authority to enact an ordinance prohibiting the payment of less than the prevailing wages fixed by the Director of the Department of Industrial Relations for public works projects on private construction projects in the city.

2. A California city has authority to establish minimum levels of knowledge and skill required to permit employment on private construction projects in the city, including completion of or engagement in an apprenticeship program assuming provision is made for demonstration of the existence of the required knowledge and skills by other means as well.

Official Citation: 73 Ops.Cal.Atty.Gen. 28
01/18/1990
89-302 1. What sources of funding, if any, in addition to those specified in section 4659 of the Welfare and Institutions Code, must be identified and pursued by a regional center for persons with developmental disabilities?

2. Do the sources of funding which must be identified and pursued by a regional center for persons with developmental disabilities include parents of developmentally disabled minors?

3. Do the sources of funding which must be identified and pursued by a regional center for persons with developmental disabilities include the personal and incidental needs increment of federal supplemental security income and state supplementary program benefits?

4. May a regional center for persons with developmental disabilities initiate an action at law for the purpose of pursuing a source of funding for clients receiving services?

5. May the Department of Developmental Services adopt regulations governing the means by which regional centers for persons with developmental disabilities may identify sources of funding for clients receiving services?
1. The sources of funding, if any, in addition to those specified in section 4659 of the Welfare and Institutions Code, which must be identified and pursued by a regional center for persons with developmental disabilities, include all public funds to which clients receiving services are entitled, and all private funds the payment of which to or for the benefit of the client is legally enforceable.

2. The sources of funding which must be identified and pursued by a regional center for persons with developmental disabilities include parents of developmentally disabled minors, to the extent of their obligation as defined b law.

3. The sources of funding which must be identified and pursued by a regional center for persons with developmental disabilities do not include the personal and incidental needs increment of federal supplemental security income and state supplementary program benefits.

4. A regional center for persons with developmental disabilities may initiate an action at law for the purpose of pursuing a source of funding for clients receiving services.

5. The Department of Developmental Services may, in consultation with the regional centers, adopt regulations governing the means by which regional centers for persons with developmental disabilities may identify and pursue sources of funding for clients receiving services.

Official Citation: 73 Ops.Cal.Atty.Gen. 156
05/24/1990
89-102 May the California Community College Foundation, pursuant to its contract with the Chancellor of the California Community Colleges, perform or contract with other private persons for the performance of the following services which the employees of the Chancellor are qualified to perform, without violating the laws regulating the state civil service; professional, technical, and related consultation and services in connection with the establishment of "hi-tech" educational centers for disabled students at the local campuses of the California Community Colleges? The California Community College Foundation may not, pursuant to its contract with the Chancellor of the California Community Colleges, perform or contract with other private persons for the performance of the following services which the employees of the Chancellor are qualified to perform, without violating the laws regulating the state civil service; professional, technical, and related consultation and services in connection with the establishment of "hi-tech" educational centers for disabled students at the local campuses of the California Community Colleges.

Official Citation: 73 Ops.Cal.Atty.Gen. 95
04/11/1990

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