|RECENT CALIFORNIA DECISIONS|
AG Opines on Legality of MOU Where a County Would Implement Land Use Standards in Exchange for City Support of Multiple Species Habitat Conservation Plan
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At the request of State Senator Jim Battin (RPalm Desert), Opinion, No. 07-506, prepared by Attorney General Marc J. Nolan, was issued by the Office of the California Attorney General (AG), concluding that a memorandum of understanding (MOU) between Riverside County and certain cities within the county, would not in itself, amount to an illegal exchange of votes within the meaning of Penal Code § 86. Under the MOU, the county agreed to implement certain land use development standards within each city’s sphere of influence in exchange for the cities’ agreement to adopt resolutions in support of a county-favored multiple species habitat conservation plan. The AG further concluded that such a MOU and an associated agreement between the cities, county, and various federal, state, and local agencies to implement the multiple species habitat conservation plan, would continue in effect even as the memberships of the legislative bodies of the county and signatory cities change over time, provided that the agreements did not purport to surrender the police power of any of the local agencies involved.
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Read related items on:
Statutes - Federal) Endangered Species Act) Multi-Species Habitat Conservation Plans
Statutes - State) California) Penal Code
Topics) Land Use) Local Agency Formation Commissions, LAFCOs
Topics) Public Agencies) Memoranda of Understanding MOU
Opinions of the Attorney General
Office of the Attorney General
Riverside County Local Agency Formation Commission