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RE WELTY &ASSOC. FAX 209-5237-33K-3 <br /> PAGE 07 <br /> 2. Requiring Installation of Improvements By Agreement <br /> As indicated in response to the first question, a subdivider may agree to <br /> construct onsite and offsite improvements under the terms of section 66411.1. Such an <br /> agreement might specify that the improvements are to be constructed at a particular time, <br /> including prior to the approval of the parcel map. Does section 66411.1 allow the local <br /> agency to require such an agreement between the subdivider and a water district for the <br /> construction of irrigation facilities? We conclude that it does not. <br /> We are to interpret statutes so as to "effectuate legislative intent." (Burden <br /> v. Snowden (1992) 2 Cal.4th 556, 562.) "In determining intent, we look first to the <br /> language of the statute, giving effect to its `plain meaning." ()Ummel v. Goland (1990) 51 <br /> Cal-3d 202, 208.) "If a statute's language is clear, then the Legislature is presumed to have <br /> meant what it said, and the plain meaning of the language governs." (Kizer v. Hanna <br /> '(1989) 48 CaUd 1, 8.) <br /> An "agreement" is commonly defined as "the act of agreeing or coming to <br /> a mutual arrangement . . . harmonious understanding . . . ." (Webster's Third New <br /> Internat. Dict (1971) p. 43.) The term is not ordinarily understood to involve involuntary <br /> or forced consent. <br /> We find nothing in the statute suggesting that a local agency may impose an <br /> agreement upon a subdivider. Indeed, the language supports the contrary conclusion by <br /> indicating the course of action a local agency may take if an agreement cannot be reached <br /> with the subdivider ("in the absence of an agreement, a Iocal agency may . . . ."). <br /> The Iegislative history of section 66411.1's most recent amendment in 1994 <br /> supports the determination that an agreement may not be forced upon the subdivider. <br /> The report of the Senate Committee of Local Government dated July 6, 1994, indicates <br /> that "jc]onstmction of improvements are not required until development of the property, <br /> unless the city or county determines they are necessary because of health and safety <br /> reasons." No suggestion is contained in the committee reports that a local agency may <br /> require construction of improvements by imposing an agreement upon the subdivider. <br /> In 71 Ops.Cal.Atty.Gen. 344, 346-349 (1988), we concluded that a city and <br /> a county were not required to reach an agreement regarding the transfer of property tax <br /> revenues in a city annexation proceeding, since the statute in question only required them <br /> to "commence negotiations." Here, under the terms of section 66411.1, the Legislature has <br /> not even required negotiations. <br /> 6. 94-809 <br />