Legal Opinions of the Attorney General - Monthly Opinion Report

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New Questions Assigned During November 2018

Opinion No. Question Requested by Assigned To
18-1103

Does Ridgecrest city council member reside within the city boundaries?

Relator Scott Leahy Daniels
11/29/2018

Pending Matters:


Opinion Requests

Opinion No. Question Assigned To
18-1001

Is a county animal shelter permitted to refuse to relinquish an owner-surrendered dog to a nonprofit no-kill shelter?


Medeiros
18-903

Did a written communication from a constituent agency representative and his alternate to the joint powers agency board to which they were appointed constitute an improper “serial meeting” under the Brown Act?


Nolan
18-902

When a subdivider owns one parcel and subdivides that parcel pursuant to a parcel map, then sells off the resulting new subdivided parcels, and subsequently acquires a contiguous parcel and seeks to divide that parcel pursuant to a parcel map, should the local agency count the previously subdivided contiguous parcels as part of the application?


Medeiros
18-901

1. Is the Bagley-Keene Act violated if the Commission votes on an agenda item where the agenda states only that the matter will be discussed, not specifically that the Commission would take any action on the item, but the top of the agenda contains a general statement that the Commission may act on any item listed on the agenda?


2. Is the Bagley-Keene Act violated if a majority FPPC Commissioners meet outside a public meeting (e.g., over lunch) and talk about how the Bagley-Keene Act applies to the FPPC?


3. Is the Bagley-Keene Act violated if one member of the public sends an email to five FPPC Commissioners and other members of the public and one Commissioner responds by email, but only to the members of the public?


Daniels
18-603

1. Does a county superintendent of education’s “stay and rescind” authority permit the stay of sale or issuance of bonds by a school district with a qualified or negative certification? (Ed. Code sec. 42127.6)


2. May such a stay remain in place pending resolution of a related investigation by the District Attorney?


Binsacca
18-502

Do nuisance abatement liens expire after 10 years; if so, what is the procedure and effective date for renewal?


Bidart
18-501

Are public benefit corporations exempt from the document transfer tax?


Binsacca
18-304

Are the positions of offices of county supervisor, member of a local transportation commission, and/or member of a multi-agency joint powers agency established to provide public transportation services incompatible offices?


Daniels
18-303

How is recordation of maps and surveys to be treated under SB 2?


Binsacca
18-201

Is it a Brown Act violation for joint powers authority members to consult appointing authority in open session?


Bidart
18-103

Does Penal Code section 919(b) require the civil grand jury to annually investigate local detention centers as "public prisons"?


Bidart
17-1101

Are the offices of Riverbank City Mayor and Stanislaus Consolidated Fire District Director compatible?


Eisenberg
17-701

What are the proper uses of civil enforcement penalty funds collected under the Unfair Competition Law?


Medeiros
17-602

May a city condition its grant of a land developer’s application for a “density bonus” (see Gov. Code, section 65915) on the developer’s payment of a public benefit fee?


Binsacca
17-202

Does state law preempt the enforcement of a county ordinance that declares “intentionally killed and left standing trees” to be a public nuisance?


Bidart
17-101

May a city validly set health and welfare benefits for its city council members at a dollar amount equal to a set percentage of the benefits provided to the city's highest-income employee group, and, if not, what are the consequences of overpayment?


Bidart
16-402

Must specified prior offenders receive a formal pardon from the Governor in order to obtain a "Certificate of Rehabilitation and Pardon" and qualify for a classified employment position at a school or community college district?


Eisenberg
16-301

May a water district provide retirement contributions to members of its governing board without violating statutory compensation limits?


Medeiros
16-201

May a local jurisdiction require a subdivision applicant to eliminate the designation of a remainder parcel on a tentative parcel map, or require an applicant to provide additional analysis of a remainder parcel that has already been approved for development?


Eisenberg
15-1102

Request for advice on the jurisdictional authority of a local housing authority and an out-of-state housing authority under state law.


Binsacca
15-301

Is the time for filing the report required under Business and Professions Code section 805 tolled when a healing arts "licentiate" requests a hearing on the action that triggered the filing requirement?


Binsacca
14-403

What is the scope of intergovernmental immunity (Gov. Code sections 53090-53091) where a city owns and leases real property in an unincorporated area of a county?


Nolan
14-202

May the "premium" generated from a school district bond sale be used to pay for expenses of issuance and other transaction costs?


Medeiros
11-201

Is a California charter school and its board of directors subject to: a) the Ralph M. Brown Act; or b) the California Public Records Act; or c) the Political Reform Act of 1974; or d) Government Code section 1090; or e) the review and inspection of books and records, by a Grand Jury formed pursuant to Penal Code section 888? (Most notably, the Grand Jury whose function it is to investigate and inquire into county functions of civil concern, see also, Penal Code section 933.6.)


Medeiros

Quo Warranto Matters

Opinion No. Question Assigned To
18-1103

Does Ridgecrest city council member reside within the city boundaries?


Daniels
18-301

Are the offices of Vineland School District Board member and Lamont Public Utilities District Board member compatible?


Bidart
18-203

Is the defendant properly serving on the Santa Barbara County Association of Governments governing board?


Medeiros
18-202

Are defendants lawfully serving on the Fresno County Employees Retirement Board?


Daniels
17-603

Are Deanna Jackson and Matthew Hurley eligible to hold seats on the Atwell Island Water District Board of Directors? (On hold pending litigation.)


Daniels

Conclusions of Opinions Issued in November 2018

No conclusion issued.


Opinions Answered by Letter, Withdrawn, or Cancelled in November 2018

Opinion No. Question Status
11-705

May a court impose a probation condition on a DUI defendant to make a specified payment to the DUIRR Program?

Cancelled on 11/26/2018