Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 2019

Opinion Question Conclusion Published
18-203 Proposed Relator JAMES FENKNER has requested leave to sue proposed defendant CATHY MURILLO, the Mayor of Santa Barbara, in quo warranto, to remove her as the representative for the City of Santa Barbara on the governing board of the Santa Barbara County Association of Governments (SBCAG), and to reinstall Councilmember Jason Dominguez into that position, on the ground that the city council’s removal of Dominguez and appointment of Murillo were actions taken in violation of the council’s rules of order. Proposed relator has failed to raise a substantial legal or factual question as to whether (1) the Santa Barbara City Council violated its own rules of order in removing Councilmember Dominguez and appointing Mayor Murillo as the city’s representative on the SBCAG governing board, or (2) any such procedural violation would invalidate the actions taken. Nor would the public interest be served by allowing a quo warranto action to proceed under these circumstances. Accordingly, the application is DENIED. 04/11/2019
17-602 The Density Bonus Law (Gov. Code, §§ 65915-65918) rewards real estate developers who provide affordable housing by permitting them to build additional units, called “density-bonus units.” May a city or county condition its grant of a developer’s application for a density bonus upon the developer’s payment of a “public benefit fee” that is imposed only on the density-bonus units? No. A city or county may not condition its grant of a developer’s application for a density bonus under the state Density Bonus Law upon the developer’s payment of a public benefit fee imposed only on the density-bonus units. 04/09/2019
16-301 May a California water district make employer-paid retirement plan or pension contributions on behalf of its governing board members (“directors”), where such plans or pensions are otherwise authorized by the district’s enabling statutes, without violating Water Code sections 20201 or 20202 regarding the compensation that water districts may pay to their directors? A California water district may make employer-paid retirement plan or pension contributions on behalf of its directors, where such plans or pensions are otherwise authorized by the district’s enabling statutes, without violating Water Code sections 20201 or 20202 regarding the compensation that water districts may pay to their directors. 04/04/2019