Bill Text: CA SB194 | 2011-2012 | Regular Session | Chaptered
Bill Title: Local government: omnibus bill.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2011-09-30 - Chaptered by Secretary of State. Chapter 382, Statutes of 2011. [SB194 Detail]
Download: California-2011-SB194-Chaptered.html
BILL NUMBER: SB 194 CHAPTERED
BILL TEXT
CHAPTER 382
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2011
APPROVED BY GOVERNOR SEPTEMBER 30, 2011
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY AUGUST 25, 2011
AMENDED IN ASSEMBLY JUNE 13, 2011
AMENDED IN ASSEMBLY MAY 31, 2011
AMENDED IN SENATE APRIL 7, 2011
INTRODUCED BY Committee on Governance and Finance (Senators Wolk
(Chair), DeSaulnier, Fuller, Hancock, Hernandez, Huff, Kehoe, La
Malfa, and Liu)
FEBRUARY 8, 2011
An act to amend Sections 6159, 17562, 29001, 29006, 29008, 29085,
29089, 29100, 29106, 29130, 29144, 50057, 53601, 54954.6, 65353,
66426.5, 66428, 66452.6, and 66484.3 of, to add Section 27303.5 to,
to repeal Section 61041 of, and to repeal Chapter 12.5 (commencing
with Section 26170) of Part 2 of Division 2 of Title 3 of, the
Government Code, to amend Section 4768 of, to amend and renumber
Section 33320.51 of, and to repeal Section 33038 of, the Health and
Safety Code, to amend Section 20395 of the Public Contract Code, to
amend Sections 21669.5 and 99243 of the Public Utilities Code, to
repeal Part 16 (commencing with Section 36000) of the Revenue and
Taxation Code, and to amend Sections 2151, 22525, 36522, 36608,
36615, 36622, 36623, 36625, 36627, 36631, and 36670 of the Streets
and Highways Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 194, Committee on Governance and Finance. Local government:
omnibus bill.
(1) Existing law authorizes a public agency to accept payment for
designated obligations by credit card, debit card, or electronic
funds transfer, subject to approval by the governing body of the
agency or other appropriate entity, as specified.
This bill would authorize, subject to the approval of the county
board of supervisors, a county to accept a payment of a donation,
gift, bequest, or devise made to or in favor of a county, or to or in
favor of the board of supervisors of a county, by credit card, debit
card, or electronic funds transfer.
(2) The California Constitution requires that whenever the
Legislature or any state agency mandates a new program or higher
level of service on any local government, the state provide a
subvention of funds to reimburse that local government for the costs
of the program or increased level of service, except as specified.
Existing law requires the Controller to submit an annual report to
various committees of the Legislature on the mandate program that
contains specified information, including a comparison of the
estimated annual cost of each mandate in the preceding fiscal year to
the amount determined to be payable by the state for that fiscal
year.
This bill would delete the requirement that the report contain a
comparison of the estimated annual cost of each mandate in the
preceding fiscal year to the amount determined to be payable by the
state for that fiscal year.
(3) Existing law requires the recorder of each county to establish
a social security number truncation program in order to create a
public record version of each official record so that the public
record is in an electronic format and is an exact copy of the
official record except that any social security number contained in
the official record shall be truncated by redacting the first 5
digits of that number. Existing law requires that when a public
record version of an official record exists, and upon request of any
person to inspect, for a copy of, or to otherwise publicly disclose
that record, the recorder shall make available only the public record
version of that record, and publicly disclose the official record
only in response to a subpoena or court order. Existing law
authorizes the recorder of a county to record military discharge
documents, including a veteran service form DD214, subject to certain
requirements.
This bill would, notwithstanding those provisions, authorize a
county recorder to provide a copy of a DD214 official record when
requested by a specified type of person and upon certification by
that person that a full social security number is required to receive
benefits and he or she is authorized to receive a copy as specified
in that subdivision.
(4) Existing law, the County Budget Act, specifies the procedures
a county is required to follow when adopting an annual budget.
This bill would amend the County Budget Act by defining the terms
"fiscal year" and "obligated fund balance," and would redefine the
classifications for fund balances. This bill would also allow
intangible assets to be reported as capital assets. This bill would
also make conforming changes throughout.
(5) The Shasta County Regional Library Facilities and Services Act
establishes the Shasta County Regional Library Facilities and
Services Commission, and authorizes the commission to, among other
things, issue bonds, levy a special tax pursuant to the Mello-Roos
Community Facilities Act of 1982, levy a special tax pursuant to
Section 4 of Article XIII A of the Constitution, levy a retail
transactions and use tax, and levy service charges and fines, as
specified.
This bill would repeal this act.
(6) Existing law provides that money in the treasury of a local
agency or in the custody of a local agency officer that is unclaimed
for 3 years is the property of the local agency after newspaper
publication of notice if no verified complaint is filed and served.
The legislative body of the local agency may transfer that unclaimed
money from a special fund to the general fund. Existing law provides
that with respect to unclaimed items in the amount of $1,000 or less,
the legislative body of any county may authorize by resolution the
county treasurer to perform on its behalf the claiming and transfer
of unclaimed money, as described.
This bill would increase the maximum amount from $1,000 to $5,000.
(7) Existing law authorizes the legislative body of a local agency
that has a sinking fund or money in its treasury that is not
required for immediate needs to invest in specified investments,
including, among other things, negotiable certificates of deposit
issued by a state-licensed branch of a foreign bank.
This bill would authorize these specified legislative bodies of a
local agency to invest in negotiable certificates of deposit issued
by a federally licensed branch of a foreign bank.
(8) Existing law requires specified community services districts
that had a board of directors that consisted of 3 members to increase
the number of members on the board to 5 after January 1, 2006, as
specified.
This bill would repeal these provisions.
(9) Existing law requires a city or county planning commission,
which is authorized by local ordinance or resolution to review and
recommend action on a proposed general plan or proposed amendments to
the general plan, to hold at least one public hearing before
approving a recommendation on the adoption or amendment of a general
plan. Existing law requires that notice of the hearing be given in a
prescribed manner.
This bill would correct erroneous statutory cross-references
pertaining to the notice.
(10) The Subdivision Map Act provides that a conveyance of land
to, among other entities, a governmental agency, including a fee
interest, easement, or license, is not considered a division of land
for purposes of computing the number of parcels, and provides that a
parcel map is not required except under specified conditions.
This bill would provide that a conveyance of land to or from a
governmental agency, as specified, is not considered a division of
land for purposes of computing the number of parcels.
(11) The Subdivision Map Act provides that a parcel map is not
required for, among other things, land conveyed to or from a
governmental agency, public entity, or for land conveyed to a
subsidiary of a public utility for conveyance to that public utility
for rights-of-way, unless a showing is made in individual cases, upon
substantial evidence, that public policy necessitates a parcel map.
This bill would specify that these conveyances of land are not
considered a division of land for purposes of computing the number of
parcels.
(12) The Subdivision Map Act provides that an approved or
conditionally approved tentative map expires 24 months after its
approval or conditional approval, or after any additional period of
time as prescribed by local ordinance, not to exceed an additional 12
months, except that if the subdivider is required to expend $178,000
or more to construct, improve, or finance the construction or
improvement of public improvements outside the property boundaries of
the tentative map, each filing of a final map extends the expiration
of the approved or conditionally approved tentative map by 36 months
from the dates of its expiration, as specified. Existing law,
commencing January 1, 2005, annually increases the amount the
subdivider is required to expend according to the adjustment for
inflation set forth in the statewide cost index for class B
construction, as specified.
This bill would require the subdivider to expend $236,790 or more
to receive the extension of the expiration of the approved or
conditionally approved tentative map, and would, commencing January
1, 2012, increase that amount annually according to the adjustment
for inflation set forth in the statewide cost index for class B
construction, as specified.
(13) The Subdivision Map Act authorizes the Board of Supervisors
of the County of Orange and the city council or councils of any city
or cities in that county to impose a fee as a condition of approval
of a final map or as a condition of issuing a building permit for
purposes of defraying the actual or estimated cost of constructing
bridges over waterways, railways, freeways, and canyons, or
constructing major thoroughfares.
This bill would correct erroneous statutory cross-references in
those provisions.
(14) The County Sanitation District Act prohibits employees of a
county sanitation district from engaging in inconsistent or
conflicting activities, as specified.
This bill would correct an incorrect cross-reference in these
provisions.
(15) The Community Redevelopment Law authorizes the establishment
of redevelopment agencies in communities in order to address the
effects of blight, as defined, in those communities. Existing law
finds and declares that blighted areas include housing areas
constructed as temporary government-owned wartime housing projects
that meet the definition of blight.
This bill would repeal the provision relating to housing areas
constructed as temporary government-owned wartime housing projects.
(16) The Community Redevelopment Law contains provisions
authorizing the establishment of a redevelopment project area located
within the boundaries of a military base that has been closed
pursuant to the actions of the federal Defense Base Closure and
Realignment Commission.
This bill would renumber a provision relating to the base closures
and conversions contained in the Community Redevelopment Law and
correct an outdated statutory cross-reference.
(17) Existing law requires the owner or operator of an airport to
pay all applicable recording fees for the filing of a notice of
termination of an avigation easement, as specified.
This bill would make a clarifying change to this provision.
(18) Existing law sets forth the procedures under which changes or
additions may be made in the work being performed under local
construction contracts, county highway contracts, local contracts for
works of improvement, and drainage district construction contracts.
Under these provisions, for contracts whose original cost is $250,000
or less, changes to the contract may be made in specified amounts.
Under these provisions, for contracts whose original cost exceeds
$250,000, the extra cost for any change or addition to the work so
ordered may not exceed $25,000 plus 5% of the amount of the original
contract cost in excess of $250,000, and in no event may any such
change or alteration exceed $150,000.
This bill would specify that, for contracts of $250,000 or less,
an additional cost may be approved for a change or addition to the
work for a contract, as specified. The bill would, for contracts that
have a cost that exceeds $250,000, increase the maximum permitted
amount for a change or alteration of the contract cost from $150,000
to $210,000.
(19) Existing law authorizes the City of South Lake Tahoe or the
City of Huntington Beach to select, for purposes of making certain
annual reports to the Controller on financial transactions and on
street and road spending, on a one-time basis, a fiscal year that
does not end on June 30.
This bill would, for purposes of these reports, also authorize the
City of El Segundo, the City of Inglewood, or the City of Long Beach
to select a fiscal year that does not end on June 30.
This bill would make legislative findings and declarations as to
the necessity of a special statute for these cities.
(20) Existing law authorizes the board of supervisors of a county
with a population of 1,000,000 or more persons, to impose specified
special taxes, including parking taxes, vehicle license fees, and
property taxes.
This bill would repeal these provisions.
(21) The Landscaping and Lighting Act of 1972 authorizes specified
local agencies to finance specified improvements. Improvements
include, among other things, for purposes of the act, the acquisition
or construction of any community center, municipal auditorium or
hall, or similar public facility for the indoor presentation of
performances, shows, stage productions, fairs, conventions,
exhibitions, pageants, meetings, parties, or other group events,
activities, or functions, whether those events, activities, or
functions are public or private.
This bill would also include within the definition of improvements
the maintenance and servicing, or both of any community center,
municipal auditorium or hall, or similar public facility for the
indoor presentation of performances, shows, stage productions, fairs,
conventions, exhibitions, pageants, meetings, parties, or other
group events, activities, or functions, whether those events,
activities, or functions are public or private.
(22) Existing law, the Parking and Business Improvement Area Law
of 1989, authorizes local governmental entities to levy assessments
on businesses located and operating in a parking and business
improvement area. Existing law requires specified proceedings to
establish or modify a parking and business improvement area,
including the adoption of a resolution, with prescribed elements, by
the governing body and a public hearing.
This bill would make technical, nonsubstantive changes to the
provisions that establish the elements to be included in the
resolution of the governing body.
(23) Existing law requires the legislative body of a local agency,
prior to adopting any new or increased general tax or any new or
increased assessment, to conduct at least one public meeting in
addition to the noticed public hearing at which the legislative body
proposed to enact or increase the general tax or assessment. Existing
law requires the legislative body to provide at least 45 days' joint
public notice of both the public meeting and the public hearing, and
requires the joint notice, with respect to a new or increased
assessment on real property, to be accomplished through a mailing, as
specified. Existing law also requires the legislative body to
include in the notice the estimated amount of the assessment per
parcel of land.
This bill would require the legislative body to provide the joint
notice of the public meeting and public hearing for proposed new or
increased assessment on real property or businesses through a
mailing, as specified. The bill would also require the notice to
include, in the case of an assessment proposed to be levied on
businesses, the proposed method and basis of levying the assessment
in sufficient detail to allow each business owner to calculate the
amount of the assessment to be levied against each business.
(24) The Property and Business Improvement District Law of 1994
defines city, for purposes of that act, to mean a city, county, city
and county, and a joint powers agency, the public member agencies of
which include only cities, counties, or a city and county.
This bill would include the state within the member agencies of
the joint powers agency for purposes of the definition of city.
(25) The Property and Business Improvement District Law of 1994
defines property owner, for purposes of that act, to mean any person
shown as the owner of land on the last equalized assessment roll or
otherwise known to be the owner of land by the city council.
This bill would also define business owner, for purposes of the
act, to mean any person recognized by the city as the owner of a
business, and owner, for purposes of the act, to mean either a
business owner or a property owner. The bill would also provide,
wherever a signature of a business owner is required pursuant to the
act, the signature of the authorized agent of the business owner is
sufficient. The bill would also make conforming changes and other
technical, nonsubstantive changes within the act.
(26) The Property and Business Improvement District Law of 1994
requires, prior to the establishment of a property and business
improvement district pursuant to the act, the proponents of the
district to submit to the city council a management district plan.
The management district plan is required to include, among other
things, a map of the district in sufficient detail to locate each
parcel of property and, if businesses are to be assessed, each
business within the district.
The bill would also require the management district plan to
include, if an assessment will be levied on businesses, a map that
identifies the district boundaries in sufficient detail to allow a
business owner to reasonably determine whether a business is located
within the district boundaries, and if the assessment will be levied
on property and businesses, a map of the district in sufficient
detail to locate each parcel of property and to allow a business
owner to reasonably determine whether a business is located within
the district boundaries.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known and may be cited as the
Local Government Omnibus Act of 2011.
(b) The Legislature finds and declares that Californians want
their governments to run efficiently and economically and that public
officials should avoid waste and duplication whenever possible. The
Legislature further finds and declares that it desires to control its
own costs by reducing the number of separate bills. Therefore, it is
the intent of the Legislature in enacting this act to combine into a
single measure several minor, noncontroversial statutory changes
relating to the common theme, purpose, and subject of local
government.
SEC. 1.1. Section 6159 of the Government Code is amended to read:
6159. (a) The following definitions apply for purposes of this
section:
(1) "Credit card" means any card, plate, coupon book, or other
credit device existing for the purpose of being used from time to
time upon presentation to obtain money, property, labor, or services
on credit.
(2) "Card issuer" means any person, or his or her agent, who
issues a credit card and purchases credit card drafts.
(3) "Cardholder" means any person to whom a credit card is issued
or any person who has agreed with the card issuer to pay obligations
arising from the issuance of a credit card to another person.
(4) "Debit card" means a card or other means of access to a debit
card cardholder's account that may be used to initiate electronic
funds transfers from that account.
(5) "Draft purchaser" means any person who purchases credit card
drafts.
(6) "Electronic funds transfer" means any method by which a person
permits electronic access to, and transfer of, money held in an
account by that person.
(b) Subject to subdivisions (c) and (d), a court, city, county,
city and county, or other public agency may authorize the acceptance
of a credit card, debit card, or electronic funds transfer for any of
the following:
(1) The payment for the deposit of bail for any offense not
declared to be a felony or for any court-ordered fee, fine,
forfeiture, penalty, assessment, or restitution. Use of a card or
electronic funds transfer pursuant to this paragraph may include a
requirement that the defendant be charged any administrative fee
charged by the company issuing the card or processing the account for
the cost of the transaction.
(2) The payment of a filing fee or other court fee.
(3) The payment of any towage or storage costs for a vehicle that
has been removed from a highway, or from public or private property,
as a result of parking violations.
(4) The payment of child, family, or spousal support, including
reimbursement of public assistance, related fees, costs, or
penalties, with the authorization of the cardholder or accountholder.
(5) The payment for services rendered by any city, county, city
and county, or other public agency.
(6) The payment of any fee, charge, or tax due a city, county,
city and county, or other public agency.
(7) The payment of any moneys payable to the sheriff pursuant to a
levy under a writ of attachment or writ of execution. If the use of
a card or electronic funds transfer pursuant to this paragraph
includes any administrative fee charged by the company issuing the
card or processing the account for the cost of the transaction, that
fee shall be paid by the person who pays the money to the sheriff
pursuant to the levy.
(8) The payment of a donation, gift, bequest, or devise made to or
in favor of a county, or to or in favor of the board of supervisors
of a county, pursuant to Section 25355.
(c) A court desiring to authorize the use of a credit card, debit
card, or electronic funds transfer pursuant to subdivision (b) shall
obtain the approval of the Judicial Council. A city desiring to
authorize the use of a credit card, debit card, or electronic funds
transfer pursuant to subdivision (b) shall obtain the approval of its
city council. Any other public agency desiring to authorize the use
of a credit card, debit card, or electronic funds transfer pursuant
to subdivision (b) shall obtain the approval of the governing body
that has fiscal responsibility for that agency.
(d) After approval is obtained, a contract may be executed with
one or more credit card issuers, debit card issuers, electronic funds
transfer processors, or draft purchasers. The contract shall provide
for the following matters:
(1) The respective rights and duties of the court, city, county,
city and county, or other public agency and card issuer, funds
processor, or draft purchaser regarding the presentment,
acceptability, and payment of credit and debit card drafts and
electronic funds transfer requests.
(2) The establishment of a reasonable means by which to facilitate
payment settlements.
(3) The payment to the card issuer, funds processor, or draft
purchaser of a reasonable fee or discount.
(4) Any other matters appropriately included in contracts with
respect to the purchase of credit and debit card drafts and
processing of electronic funds transfer requests as may be agreed
upon by the parties to the contract.
(e) The honoring of a credit card, debit card, or electronic funds
transfer pursuant to subdivision (b) hereof constitutes payment of
the amount owing to the court, city, county, city and county, or
other public agency as of the date the credit or debit card is
honored or the electronic funds transfer is processed, provided the
credit or debit card draft is paid following its due presentment to a
card issuer or draft purchaser or the electronic funds transfer is
completed with transfer to the agency requesting the transfer.
(f) If any credit or debit card draft is not paid following due
presentment to a card issuer or draft purchaser or is charged back to
the court, city, county, city and county, or other public agency for
any reason, any record of payment made by the court, city, or other
public agency honoring the credit or debit card shall be void. If any
electronic funds transfer request is not completed with transfer to
the agency requesting the transfer or is charged back to the agency
for any reason, any record of payment made by the agency processing
the electronic funds transfer shall be void. Any receipt issued in
acknowledgment of payment shall also be void. The obligation of the
cardholder or accountholder shall continue as an outstanding
obligation as if no payment had been attempted.
(g) Notwithstanding Title 1.3 (commencing with Section 1747) of
Part 4 of Division 3 of the Civil Code, a court, city, county, city
and county, or any other public agency may impose a fee for the use
of a credit or debit card or electronic funds transfer, not to exceed
the costs incurred by the agency in providing for payment by credit
or debit card or electronic funds transfer. These costs may include,
but shall not be limited to, the payment of fees or discounts as
specified in paragraph (3) of subdivision (d). Any fee imposed by a
court pursuant to this subdivision shall be approved by the Judicial
Council. Any fee imposed by any other public agency pursuant to this
subdivision for the use of a credit or debit card or electronic funds
transfer shall be approved by the governing body responsible for the
fiscal decisions of the public agency.
(h) Fees or discounts provided for under paragraph (3) of
subdivision (d) shall be deducted or accounted for prior to any
statutory or other distribution of funds received from the card
issuer, funds processor, or draft purchaser to the extent not
recovered from the cardholder or accountholder pursuant to
subdivision (g).
(i) The Judicial Council may enter into a master agreement with
one or more credit or debit card issuers, funds processors, or draft
purchasers for the acceptance and payment of credit or debit card
drafts and electronic funds transfer requests received by the courts.
Any court may join in any of these master agreements or may enter
into a separate agreement with a credit or debit card issuer, funds
processor, or draft purchaser.
SEC. 1.2. Section 17562 of the Government Code is amended to read:
17562. (a) The Legislature hereby finds and declares that the
increasing revenue constraints on state and local government and the
increasing costs of financing state-mandated local programs make
evaluation of state-mandated local programs imperative. Accordingly,
it is the intent of the Legislature to increase information regarding
state mandates and establish a method for regularly reviewing the
costs and benefits of state-mandated local programs.
(b) (1) The Controller shall submit a report to the Joint
Legislative Budget Committee and fiscal committees by October 31 of
each fiscal year beginning with the 2007-08 fiscal year. This report
shall summarize, by state mandate, the total amount of claims paid
per fiscal year and the amount, if any, of mandate deficiencies or
surpluses. This report shall be made available in an electronic
spreadsheet format.
(2) The Controller shall submit a report to the Joint Legislative
Budget Committee, the applicable fiscal committees, and the Director
of Finance by April 30 of each fiscal year. This report shall
summarize, by state mandate, the total amount of unpaid claims by
fiscal year that were submitted before April 1 of that fiscal year.
The report shall also summarize any mandate deficiencies or
surpluses. It shall be made available in an electronic spreadsheet,
and shall be used for the purpose of determining the state's payment
obligation under paragraph (1) of subdivision (b) of Section 6 of
Article XIII B of the California Constitution.
(c) After the commission submits its second semiannual report to
the Legislature pursuant to Section 17600, the Legislative Analyst
shall submit a report to the Joint Legislative Budget Committee and
legislative fiscal committees on the mandates included in the
commission's reports. The report shall make recommendations as to
whether the mandate should be repealed, funded, suspended, or
modified.
(d) In its annual analysis of the Budget Bill and based on
information provided pursuant to subdivision (b), the Legislative
Analyst shall report total annual state costs for mandated programs
and, as appropriate, provide an analysis of specific mandates and
make recommendations on whether the mandate should be repealed,
funded, suspended, or modified.
(e) (1) A statewide association of local agencies or school
districts or a Member of the Legislature may submit a proposal to the
Legislature recommending the elimination or modification of a
state-mandated local program. To make such a proposal, the
association or member shall submit a letter to the Chairs of the
Assembly Committee on Education or the Assembly Committee on Local
Government, as the case may be, and the Senate Committee on Education
or the Senate Committee on Local Government, as the case may be,
specifying the mandate and the concerns and recommendations regarding
the mandate. The association or member shall include in the proposal
all information relevant to the conclusions. If the chairs of the
committees desire additional analysis of the submitted proposal, the
chairs may refer the proposal to the Legislative Analyst for review
and comment. The chairs of the committees may refer up to a total of
10 of these proposals to the Legislative Analyst for review in any
year. Referrals shall be submitted to the Legislative Analyst by
December 1 of each year.
(2) The Legislative Analyst shall review and report to the
Legislature with regard to each proposal that is referred to the
office pursuant to paragraph (1). The Legislative Analyst shall
recommend that the Legislature adopt, reject, or modify the proposal.
The report and recommendations shall be submitted annually to the
Legislature by March 1 of the year subsequent to the year in which
referrals are submitted to the Legislative Analyst.
(3) The Department of Finance shall review all statutes enacted
each year that contain provisions making inoperative Section 17561 or
Section 17565 that have resulted in costs or revenue losses mandated
by the state that were not identified when the statute was enacted.
The review shall identify the costs or revenue losses involved in
complying with the statutes. The Department of Finance shall also
review all statutes enacted each year that may result in cost savings
authorized by the state. The Department of Finance shall submit an
annual report of the review required by this subdivision, together
with the recommendations as it may deem appropriate, by December 1 of
each year.
(f) It is the intent of the Legislature that the Assembly
Committee on Local Government and the Senate Committee on Local
Government hold a joint hearing each year regarding the following:
(1) The reports and recommendations submitted pursuant to
subdivision (e).
(2) The reports submitted pursuant to Sections 17570, 17600, and
17601.
(3) Legislation to continue, eliminate, or modify any provision of
law reviewed pursuant to this subdivision. The legislation may be by
subject area or by year or years of enactment.
SEC. 1.3. Chapter 12.5 (commencing with Section 26170) of Part 2
of Division 2 of Title 3 of the Government Code is repealed.
SEC. 1.4. Section 27303.5 is added to the Government Code, to
read:
27303.5. Notwithstanding Section 27303, a county recorder may
provide a copy of a DD214 official record when requested by a person
listed in subdivision (b) of Section 6107 and upon certification by
that person that a full social security number is required to receive
benefits and he or she is authorized to receive a copy as specified
in that subdivision.
SEC. 1.5. Section 29001 of the Government Code is amended to read:
29001. Except as otherwise defined in this section, the meaning
of terms used in this chapter shall be as defined in the Accounting
Standards and Procedures for Counties prescribed by the Controller
pursuant to Section 30200.
As used in this chapter:
(a) "Administrative officer" means the chief administrative
officer, county administrator, county executive, county manager, or
other officials employed in the several counties under various titles
whose duties and responsibilities are comparable to the officials
named herein.
(b) "Adopted budget" means the budget document formally approved
by the board of supervisors after the required public hearings and
deliberations on the recommended budget.
(c) "Auditor" means the county auditor or that officer whose
responsibilities include those designated in Chapter 4 (commencing
with Section 26900) of Division 2.
(d) "Board" means the board of supervisors of the county, or the
same body acting as the governing board of a special district whose
affairs and finances are under its supervision and control.
(e) "Budget year" means the fiscal year (July 1 through June 30)
for which the budget is being prepared.
(f) "Controller" means the State Controller.
(g) "Final budget" means the adopted budget adjusted by all
revisions throughout the fiscal year as of June 30.
(h) "Fiscal year" means the current 12-month period to which the
annual operating budget applies and at the end of which a government
determines its financial position and the results of its operations.
(i) "Obligated fund balance" means the nonspendable, restricted,
committed, and assigned fund balances.
(j) "Recommended budget" means the budget document recommended to
the board of supervisors by the designated county official.
SEC. 1.6. Section 29006 of the Government Code is amended to read:
29006. For the adopted budget, the various forms, as prescribed
by the Controller pursuant to Section 29005, shall provide for the
presentation of data and information to include, at a minimum,
estimated or actual amounts of the following items by fund:
(a) Fund balances.
(1) Nonspendable.
(2) Restricted.
(3) Committed.
(4) Assigned.
(5) Unassigned.
(b) Additional financing sources shall be classified by source in
accordance with the accounting procedures for counties as prescribed
by the Controller pursuant to Section 30200.
For comparative purposes the amounts of financing sources shall be
shown as follows:
(1) On an actual basis for the fiscal year two years prior to the
budget year.
(2) On an actual basis, except for those sources that can only be
estimated, for the fiscal year prior to the budget year.
(3) On an estimated basis for the budget year, as submitted by
those officials or persons responsible, or as recommended by the
administrative officer or auditor, as appropriate.
(4) On an estimated basis for the budget year, as approved, or as
adopted, by the board.
(c) Financing uses for each budget unit, classified by the fund or
funds from which financed, by the objects of expenditure, other
financing uses, intrafund transfers, and transfers-out in accordance
with the accounting procedures for counties and by such further
classifications or requirements pertaining to county budget matters
as prescribed by the Controller pursuant to Section 30200.
For comparative purposes the amounts of financing uses shall be
shown as follows:
(1) On an actual basis for the fiscal year two years prior to the
budget year.
(2) On an actual basis, except for those uses that can only be
estimated, for the fiscal year prior to the budget year.
(3) On an estimated basis for the budget year, as submitted by
those officials or persons responsible, or as recommended by the
administrative officer or auditor, as appropriate.
(4) On an estimated basis for the budget year, as approved, or as
adopted, by the board.
(d) Appropriations for contingencies.
(e) Provisions for nonspendable, restricted, committed, and
assigned fund balances.
(f) The appropriations limit and the total annual appropriations
subject to limitation as determined pursuant to Division 9
(commencing with Section 7900) of Title 1.
SEC. 1.7. Section 29008 of the Government Code is amended to read:
29008. At a minimum, within the object of capital assets, the
budget amounts for the following shall be reported, as specified:
(a) Land shall be reported in total amounts, except when included
as a component of a project.
(b) Structures and improvements shall be reported separately for
each project, except that minor improvement projects may be reported
in totals.
(c) Equipment shall be reported in total amounts by budget unit.
(d) Infrastructure shall be reported in total amounts by budget
unit.
(e) Intangible assets may be reported in total amounts by budget
unit.
SEC. 1.8. Section 29085 of the Government Code is amended to read:
29085. The budget for each fund may contain nonspendable,
restricted, committed, or assigned fund balance classifications in
such amounts as the board deems sufficient. General reserves and
stabilization arrangements may also be included as part of the
restricted, committed, assigned, and unassigned fund balance.
SEC. 1.9. Section 29089 of the Government Code is amended to read:
29089. The resolution of adoption of the budget of the county,
each dependent special district, and each other agency as defined in
Section 29002, shall specify the following:
(a) Appropriations by objects of expenditure within each budget
unit, except for capital assets that are appropriated at the
subobject level pursuant to Section 29008.
(b) Other financing uses by budget unit.
(c) Intrafund transfers by budget unit.
(d) Transfers-out by fund.
(e) Appropriations for contingencies, by fund.
(f) Provisions for nonspendable, restricted, committed, and
assigned fund balances, by fund and purpose.
(g) The means of financing the budget requirements.
SEC. 1.10. Section 29100 of the Government Code is amended to
read:
29100. (a) On or before October 3 of each year, the board shall
adopt by resolution the rates of taxes on the secured roll, not to
exceed the 1-percent limitation specified in Article XIII A of the
Constitution and Sections 93 and 100 of the Revenue and Taxation
Code. For voter-approved indebtedness, the board shall adopt the
rates on the secured roll by determining the percentage of full value
of property on the secured roll legally subject to support the
annual debt requirement. Each rate shall be such as will produce the
amount determined as necessary to be raised by taxation on the
secured roll after due allowance for delinquency, anticipated changes
to the roll, disputed tax revenues anticipated to be impounded
pursuant to Section 26906.1, amounts subject to the Community
Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the Health and Safety Code), and other available financing
sources. The board may adopt a rate for voter-approved indebtedness
as will produce an amount determined as appropriate for necessary
reserves.
(b) For purposes of this section, "an amount appropriate for
necessary reserves" shall be limited to an amount sufficient to
accommodate the county's anticipated annual cashflow needs for
servicing the county's voter-approved debt. The funds reserved may
service only the debt for which the extraordinary rate is levied. All
interest earned on the amount deposited in the nonspendable,
restricted, committed, or assigned fund balance account shall accrue
to the same account.
SEC. 1.11. Section 29106 of the Government Code is amended to
read:
29106. In the resolution adopting tax rates, the entity or fund
with its corresponding rate shall be classified in any manner
sufficient to identify it.
SEC. 1.12. Section 29130 of the Government Code is amended to
read:
29130. At any regular or special meeting, the board by a
four-fifths vote may make available for appropriation any of the
following fund balances for which the board has authority:
(a) Restricted, committed, assigned, and unassigned fund
balances, excluding the general reserves and nonspendable fund
balance.
(b) Amounts that are either in excess of anticipated amounts or
not specifically set forth in the budget derived from any actual or
anticipated increases in financing sources.
SEC. 1.13. Section 29144 of the Government Code is amended to
read:
29144. All commitments covered by the restricted, committed, or
assigned fund balance encumbrances account at fiscal yearend are
appropriated for the succeeding fiscal year.
SEC. 2. Section 50057 of the Government Code is amended to read:
50057. For individual items in the amount of five thousand
dollars ($5,000) or less, the legislative body of any county may, by
resolution, authorize the county treasurer to perform on its behalf
any act required or authorized to be performed by it under Sections
50050, 50053, and 50055. The resolution shall require that the county
auditor be informed of each act performed under the authorization.
SEC. 3. Section 53601 of the Government Code is amended to read:
53601. This section shall apply to a local agency that is a city,
a district, or other local agency that does not pool money in
deposits or investments with other local agencies, other than local
agencies that have the same governing body. However, Section 53635
shall apply to all local agencies that pool money in deposits or
investments with other local agencies that have separate governing
bodies. The legislative body of a local agency having moneys in a
sinking fund or moneys in its treasury not required for the immediate
needs of the local agency may invest any portion of the moneys that
it deems wise or expedient in those investments set forth below. A
local agency purchasing or obtaining any securities prescribed in
this section, in a negotiable, bearer, registered, or nonregistered
format, shall require delivery of the securities to the local agency,
including those purchased for the agency by financial advisers,
consultants, or managers using the agency's funds, by book entry,
physical delivery, or by third-party custodial agreement. The
transfer of securities to the counterparty bank's customer book entry
account may be used for book entry delivery.
For purposes of this section, "counterparty" means the other party
to the transaction. A counterparty bank's trust department or
separate safekeeping department may be used for the physical delivery
of the security if the security is held in the name of the local
agency. Where this section specifies a percentage limitation for a
particular category of investment, that percentage is applicable only
at the date of purchase. Where this section does not specify a
limitation on the term or remaining maturity at the time of the
investment, no investment shall be made in any security, other than a
security underlying a repurchase or reverse repurchase agreement or
securities lending agreement authorized by this section, that at the
time of the investment has a term remaining to maturity in excess of
five years, unless the legislative body has granted express authority
to make that investment either specifically or as a part of an
investment program approved by the legislative body no less than
three months prior to the investment:
(a) Bonds issued by the local agency, including bonds payable
solely out of the revenues from a revenue-producing property owned,
controlled, or operated by the local agency or by a department,
board, agency, or authority of the local agency.
(b) United States Treasury notes, bonds, bills, or certificates of
indebtedness, or those for which the faith and credit of the United
States are pledged for the payment of principal and interest.
(c) Registered state warrants or treasury notes or bonds of this
state, including bonds payable solely out of the revenues from a
revenue-producing property owned, controlled, or operated by the
state or by a department, board, agency, or authority of the state.
(d) Registered treasury notes or bonds of any of the other 49
states in addition to California, including bonds payable solely out
of the revenues from a revenue-producing property owned, controlled,
or operated by a state or by a department, board, agency, or
authority of any of the other 49 states, in addition to California.
(e) Bonds, notes, warrants, or other evidences of indebtedness of
a local agency within this state, including bonds payable solely out
of the revenues from a revenue-producing property owned, controlled,
or operated by the local agency, or by a department, board, agency,
or authority of the local agency.
(f) Federal agency or United States government-sponsored
enterprise obligations, participations, or other instruments,
including those issued by or fully guaranteed as to principal and
interest by federal
agencies or United States government-sponsored enterprises.
(g) Bankers' acceptances otherwise known as bills of exchange or
time drafts that are drawn on and accepted by a commercial bank.
Purchases of bankers' acceptances shall not exceed 180 days' maturity
or 40 percent of the agency's moneys that may be invested pursuant
to this section. However, no more than 30 percent of the agency's
moneys may be invested in the bankers' acceptances of any one
commercial bank pursuant to this section.
This subdivision does not preclude a municipal utility district
from investing moneys in its treasury in a manner authorized by the
Municipal Utility District Act (Division 6 (commencing with Section
11501) of the Public Utilities Code).
(h) Commercial paper of "prime" quality of the highest ranking or
of the highest letter and number rating as provided for by a
nationally recognized statistical rating organization (NRSRO). The
entity that issues the commercial paper shall meet all of the
following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria:
(A) Is organized and operating in the United States as a general
corporation.
(B) Has total assets in excess of five hundred million dollars
($500,000,000).
(C) Has debt other than commercial paper, if any, that is rated "A"
or higher by an NRSRO.
(2) The entity meets the following criteria:
(A) Is organized within the United States as a special purpose
corporation, trust, or limited liability company.
(B) Has programwide credit enhancements including, but not limited
to, overcollateralization, letters of credit, or a surety bond.
(C) Has commercial paper that is rated "A-1" or higher, or the
equivalent, by an NRSRO.
Eligible commercial paper shall have a maximum maturity of 270
days or less. Local agencies, other than counties or a city and
county, may invest no more than 25 percent of their moneys in
eligible commercial paper. Local agencies, other than counties or a
city and county, may purchase no more than 10 percent of the
outstanding commercial paper of any single issuer. Counties or a city
and county may invest in commercial paper pursuant to the
concentration limits in subdivision (a) of Section 53635.
(i) Negotiable certificates of deposit issued by a nationally or
state-chartered bank, a savings association or a federal association
(as defined by Section 5102 of the Financial Code), a state or
federal credit union, or by a federally licensed or state-licensed
branch of a foreign bank. Purchases of negotiable certificates of
deposit shall not exceed 30 percent of the agency's moneys that may
be invested pursuant to this section. For purposes of this section,
negotiable certificates of deposit do not come within Article 2
(commencing with Section 53630), except that the amount so invested
shall be subject to the limitations of Section 53638. The legislative
body of a local agency and the treasurer or other official of the
local agency having legal custody of the moneys are prohibited from
investing local agency funds, or funds in the custody of the local
agency, in negotiable certificates of deposit issued by a state or
federal credit union if a member of the legislative body of the local
agency, or a person with investment decisionmaking authority in the
administrative office manager's office, budget office,
auditor-controller's office, or treasurer's office of the local
agency also serves on the board of directors, or any committee
appointed by the board of directors, or the credit committee or the
supervisory committee of the state or federal credit union issuing
the negotiable certificates of deposit.
(j) (1) Investments in repurchase agreements or reverse repurchase
agreements or securities lending agreements of securities authorized
by this section, as long as the agreements are subject to this
subdivision, including the delivery requirements specified in this
section.
(2) Investments in repurchase agreements may be made, on an
investment authorized in this section, when the term of the agreement
does not exceed one year. The market value of securities that
underlie a repurchase agreement shall be valued at 102 percent or
greater of the funds borrowed against those securities and the value
shall be adjusted no less than quarterly. Since the market value of
the underlying securities is subject to daily market fluctuations,
the investments in repurchase agreements shall be in compliance if
the value of the underlying securities is brought back up to 102
percent no later than the next business day.
(3) Reverse repurchase agreements or securities lending agreements
may be utilized only when all of the following conditions are met:
(A) The security to be sold using a reverse repurchase agreement
or securities lending agreement has been owned and fully paid for by
the local agency for a minimum of 30 days prior to sale.
(B) The total of all reverse repurchase agreements and securities
lending agreements on investments owned by the local agency does not
exceed 20 percent of the base value of the portfolio.
(C) The agreement does not exceed a term of 92 days, unless the
agreement includes a written codicil guaranteeing a minimum earning
or spread for the entire period between the sale of a security using
a reverse repurchase agreement or securities lending agreement and
the final maturity date of the same security.
(D) Funds obtained or funds within the pool of an equivalent
amount to that obtained from selling a security to a counterparty
using a reverse repurchase agreement or securities lending agreement
shall not be used to purchase another security with a maturity longer
than 92 days from the initial settlement date of the reverse
repurchase agreement or securities lending agreement, unless the
reverse repurchase agreement or securities lending agreement includes
a written codicil guaranteeing a minimum earning or spread for the
entire period between the sale of a security using a reverse
repurchase agreement or securities lending agreement and the final
maturity date of the same security.
(4) (A) Investments in reverse repurchase agreements, securities
lending agreements, or similar investments in which the local agency
sells securities prior to purchase with a simultaneous agreement to
repurchase the security may be made only upon prior approval of the
governing body of the local agency and shall be made only with
primary dealers of the Federal Reserve Bank of New York or with a
nationally or state-chartered bank that has or has had a significant
banking relationship with a local agency.
(B) For purposes of this chapter, "significant banking
relationship" means any of the following activities of a bank:
(i) Involvement in the creation, sale, purchase, or retirement of
a local agency's bonds, warrants, notes, or other evidence of
indebtedness.
(ii) Financing of a local agency's activities.
(iii) Acceptance of a local agency's securities or funds as
deposits.
(5) (A) "Repurchase agreement" means a purchase of securities by
the local agency pursuant to an agreement by which the counterparty
seller will repurchase the securities on or before a specified date
and for a specified amount and the counterparty will deliver the
underlying securities to the local agency by book entry, physical
delivery, or by third-party custodial agreement. The transfer of
underlying securities to the counterparty bank's customer book-entry
account may be used for book-entry delivery.
(B) "Securities," for purposes of repurchase under this
subdivision, means securities of the same issuer, description, issue
date, and maturity.
(C) "Reverse repurchase agreement" means a sale of securities by
the local agency pursuant to an agreement by which the local agency
will repurchase the securities on or before a specified date and
includes other comparable agreements.
(D) "Securities lending agreement" means an agreement under which
a local agency agrees to transfer securities to a borrower who, in
turn, agrees to provide collateral to the local agency. During the
term of the agreement, both the securities and the collateral are
held by a third party. At the conclusion of the agreement, the
securities are transferred back to the local agency in return for the
collateral.
(E) For purposes of this section, the base value of the local
agency's pool portfolio shall be that dollar amount obtained by
totaling all cash balances placed in the pool by all pool
participants, excluding any amounts obtained through selling
securities by way of reverse repurchase agreements, securities
lending agreements, or other similar borrowing methods.
(F) For purposes of this section, the spread is the difference
between the cost of funds obtained using the reverse repurchase
agreement and the earnings obtained on the reinvestment of the funds.
(k) Medium-term notes, defined as all corporate and depository
institution debt securities with a maximum remaining maturity of five
years or less, issued by corporations organized and operating within
the United States or by depository institutions licensed by the
United States or any state and operating within the United States.
Notes eligible for investment under this subdivision shall be rated
"A" or better by an NRSRO. Purchases of medium-term notes shall not
include other instruments authorized by this section and may not
exceed 30 percent of the agency's moneys that may be invested
pursuant to this section.
(l) (1) Shares of beneficial interest issued by diversified
management companies that invest in the securities and obligations as
authorized by subdivisions (a) to (k), inclusive, and subdivisions
(m) to (o), inclusive, and that comply with the investment
restrictions of this article and Article 2 (commencing with Section
53630). However, notwithstanding these restrictions, a counterparty
to a reverse repurchase agreement or securities lending agreement is
not required to be a primary dealer of the Federal Reserve Bank of
New York if the company's board of directors finds that the
counterparty presents a minimal risk of default, and the value of the
securities underlying a repurchase agreement or securities lending
agreement may be 100 percent of the sales price if the securities are
marked to market daily.
(2) Shares of beneficial interest issued by diversified management
companies that are money market funds registered with the Securities
and Exchange Commission under the Investment Company Act of 1940 (15
U.S.C. Sec. 80a-1 et seq.).
(3) If investment is in shares issued pursuant to paragraph (1),
the company shall have met either of the following criteria:
(A) Attained the highest ranking or the highest letter and
numerical rating provided by not less than two NRSROs.
(B) Retained an investment adviser registered or exempt from
registration with the Securities and Exchange Commission with not
less than five years' experience investing in the securities and
obligations authorized by subdivisions (a) to (k), inclusive, and
subdivisions (m) to (o), inclusive, and with assets under management
in excess of five hundred million dollars ($500,000,000).
(4) If investment is in shares issued pursuant to paragraph (2),
the company shall have met either of the following criteria:
(A) Attained the highest ranking or the highest letter and
numerical rating provided by not less than two NRSROs.
(B) Retained an investment adviser registered or exempt from
registration with the Securities and Exchange Commission with not
less than five years' experience managing money market mutual funds
with assets under management in excess of five hundred million
dollars ($500,000,000).
(5) The purchase price of shares of beneficial interest purchased
pursuant to this subdivision shall not include commission that the
companies may charge and shall not exceed 20 percent of the agency's
moneys that may be invested pursuant to this section. However, no
more than 10 percent of the agency's funds may be invested in shares
of beneficial interest of any one mutual fund pursuant to paragraph
(1).
(m) Moneys held by a trustee or fiscal agent and pledged to the
payment or security of bonds or other indebtedness, or obligations
under a lease, installment sale, or other agreement of a local
agency, or certificates of participation in those bonds,
indebtedness, or lease installment sale, or other agreements, may be
invested in accordance with the statutory provisions governing the
issuance of those bonds, indebtedness, or lease installment sale, or
other agreement, or to the extent not inconsistent therewith or if
there are no specific statutory provisions, in accordance with the
ordinance, resolution, indenture, or agreement of the local agency
providing for the issuance.
(n) Notes, bonds, or other obligations that are at all times
secured by a valid first priority security interest in securities of
the types listed by Section 53651 as eligible securities for the
purpose of securing local agency deposits having a market value at
least equal to that required by Section 53652 for the purpose of
securing local agency deposits. The securities serving as collateral
shall be placed by delivery or book entry into the custody of a trust
company or the trust department of a bank that is not affiliated
with the issuer of the secured obligation, and the security interest
shall be perfected in accordance with the requirements of the Uniform
Commercial Code or federal regulations applicable to the types of
securities in which the security interest is granted.
(o) A mortgage passthrough security, collateralized mortgage
obligation, mortgage-backed or other pay-through bond, equipment
lease-backed certificate, consumer receivable passthrough
certificate, or consumer receivable-backed bond of a maximum of five
years' maturity. Securities eligible for investment under this
subdivision shall be issued by an issuer having an "A" or higher
rating for the issuer's debt as provided by an NRSRO and rated in a
rating category of "AA" or its equivalent or better by an NRSRO.
Purchase of securities authorized by this subdivision may not exceed
20 percent of the agency's surplus moneys that may be invested
pursuant to this section.
(p) Shares of beneficial interest issued by a joint powers
authority organized pursuant to Section 6509.7 that invests in the
securities and obligations authorized in subdivisions (a) to (o),
inclusive. Each share shall represent an equal proportional interest
in the underlying pool of securities owned by the joint powers
authority. To be eligible under this section, the joint powers
authority issuing the shares shall have retained an investment
adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the
Securities and Exchange Commission.
(2) The adviser has not less than five years of experience
investing in the securities and obligations authorized in
subdivisions (a) to (o), inclusive.
(3) The adviser has assets under management in excess of five
hundred million dollars ($500,000,000).
SEC. 3.5. Section 54954.6 of the Government Code is amended to
read:
54954.6. (a) (1) Before adopting any new or increased general tax
or any new or increased assessment, the legislative body of a local
agency shall conduct at least one public meeting at which local
officials shall allow public testimony regarding the proposed new or
increased general tax or new or increased assessment in addition to
the noticed public hearing at which the legislative body proposes to
enact or increase the general tax or assessment.
For purposes of this section, the term "new or increased
assessment" does not include any of the following:
(A) A fee that does not exceed the reasonable cost of providing
the services, facilities, or regulatory activity for which the fee is
charged.
(B) A service charge, rate, or charge, unless a special district's
principal act requires the service charge, rate, or charge to
conform to the requirements of this section.
(C) An ongoing annual assessment if it is imposed at the same or
lower amount as any previous year.
(D) An assessment that does not exceed an assessment formula or
range of assessments previously specified in the notice given to the
public pursuant to subparagraph (G) of paragraph (2) of subdivision
(c) and that was previously adopted by the agency or approved by the
voters in the area where the assessment is imposed.
(E) Standby or immediate availability charges.
(2) The legislative body shall provide at least 45 days' public
notice of the public hearing at which the legislative body proposes
to enact or increase the general tax or assessment. The legislative
body shall provide notice for the public meeting at the same time and
in the same document as the notice for the public hearing, but the
meeting shall occur prior to the hearing.
(b) (1) The joint notice of both the public meeting and the public
hearing required by subdivision (a) with respect to a proposal for a
new or increased general tax shall be accomplished by placing a
display advertisement of at least one-eighth page in a newspaper of
general circulation for three weeks pursuant to Section 6063 and by a
first-class mailing to those interested parties who have filed a
written request with the local agency for mailed notice of public
meetings or hearings on new or increased general taxes. The public
meeting pursuant to subdivision (a) shall take place no earlier than
10 days after the first publication of the joint notice pursuant to
this subdivision. The public hearing shall take place no earlier than
seven days after the public meeting pursuant to this subdivision.
Notwithstanding paragraph (2) of subdivision (a), the joint notice
need not include notice of the public meeting after the meeting has
taken place. The public hearing pursuant to subdivision (a) shall
take place no earlier than 45 days after the first publication of the
joint notice pursuant to this subdivision. Any written request for
mailed notices shall be effective for one year from the date on which
it is filed unless a renewal request is filed. Renewal requests for
mailed notices shall be filed on or before April 1 of each year. The
legislative body may establish a reasonable annual charge for sending
notices based on the estimated cost of providing the service.
(2) The notice required by paragraph (1) of this subdivision shall
include, but not be limited to, the following:
(A) The amount or rate of the tax. If the tax is proposed to be
increased from any previous year, the joint notice shall separately
state both the existing tax rate and the proposed tax rate increase.
(B) The activity to be taxed.
(C) The estimated amount of revenue to be raised by the tax
annually.
(D) The method and frequency for collecting the tax.
(E) The dates, times, and locations of the public meeting and
hearing described in subdivision (a).
(F) The telephone number and address of an individual, office, or
organization that interested persons may contact to receive
additional information about the tax.
(c) (1) The joint notice of both the public meeting and the public
hearing required by subdivision (a) with respect to a proposal for a
new or increased assessment on real property or businesses shall be
accomplished through a mailing, postage prepaid, in the United States
mail and shall be deemed given when so deposited. The public meeting
pursuant to subdivision (a) shall take place no earlier than 10 days
after the joint mailing pursuant to this subdivision. The public
hearing shall take place no earlier than seven days after the public
meeting pursuant to this subdivision. The envelope or the cover of
the mailing shall include the name of the local agency and the return
address of the sender. This mailed notice shall be in at least
10-point type and shall be given to all property owners or business
owners proposed to be subject to the new or increased assessment by a
mailing by name to those persons whose names and addresses appear on
the last equalized county assessment roll, the State Board of
Equalization assessment roll, or the local agency's records
pertaining to business ownership, as the case may be.
(2) The joint notice required by paragraph (1) of this subdivision
shall include, but not be limited to, the following:
(A) In the case of an assessment proposed to be levied on
property, the estimated amount of the assessment per parcel. In the
case of an assessment proposed to be levied on businesses, the
proposed method and basis of levying the assessment in sufficient
detail to allow each business owner to calculate the amount of
assessment to be levied against each business. If the assessment is
proposed to be increased from any previous year, the joint notice
shall separately state both the amount of the existing assessment and
the proposed assessment increase.
(B) A general description of the purpose or improvements that the
assessment will fund.
(C) The address to which property owners may mail a protest
against the assessment.
(D) The telephone number and address of an individual, office, or
organization that interested persons may contact to receive
additional information about the assessment.
(E) A statement that a majority protest will cause the assessment
to be abandoned if the assessment act used to levy the assessment so
provides. Notice shall also state the percentage of protests required
to trigger an election, if applicable.
(F) The dates, times, and locations of the public meeting and
hearing described in subdivision (a).
(G) A proposed assessment formula or range as described in
subparagraph (D) of paragraph (1) of subdivision (a) if applicable
and that is noticed pursuant to this section.
(3) Notwithstanding paragraph (1), in the case of an assessment
that is proposed exclusively for operation and maintenance expenses
imposed throughout the entire local agency, or exclusively for
operation and maintenance assessments proposed to be levied on 50,000
parcels or more, notice may be provided pursuant to this subdivision
or pursuant to paragraph (1) of subdivision (b) and shall include
the estimated amount of the assessment of various types, amounts, or
uses of property and the information required by subparagraphs (B) to
(G), inclusive, of paragraph (2) of subdivision (c).
(4) Notwithstanding paragraph (1), in the case of an assessment
proposed to be levied pursuant to Part 2 (commencing with Section
22500) of Division 2 of the Streets and Highways Code by a regional
park district, regional park and open-space district, or regional
open-space district formed pursuant to Article 3 (commencing with
Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division
26 (commencing with Section 35100) of, the Public Resources Code,
notice may be provided pursuant to paragraph (1) of subdivision (b).
(d) The notice requirements imposed by this section shall be
construed as additional to, and not to supersede, existing provisions
of law, and shall be applied concurrently with the existing
provisions so as to not delay or prolong the governmental
decisionmaking process.
(e) This section shall not apply to any new or increased general
tax or any new or increased assessment that requires an election of
either of the following:
(1) The property owners subject to the assessment.
(2) The voters within the local agency imposing the tax or
assessment.
(f) Nothing in this section shall prohibit a local agency from
holding a consolidated meeting or hearing at which the legislative
body discusses multiple tax or assessment proposals.
(g) The local agency may recover the reasonable costs of public
meetings, public hearings, and notice required by this section from
the proceeds of the tax or assessment. The costs recovered for these
purposes, whether recovered pursuant to this subdivision or any other
provision of law, shall not exceed the reasonable costs of the
public meetings, public hearings, and notice.
(h) Any new or increased assessment that is subject to the notice
and hearing provisions of Article XIII C or XIII D of the California
Constitution is not subject to the notice and hearing requirements of
this section.
SEC. 4. Section 61041 of the Government Code is repealed.
SEC. 5. Section 65353 of the Government Code is amended to read:
65353. (a) When the city or county has a planning commission
authorized by local ordinance or resolution to review and recommend
action on a proposed general plan or proposed amendments to the
general plan, the commission shall hold at least one public hearing
before approving a recommendation on the adoption or amendment of a
general plan. Notice of the hearing shall be given pursuant to
Section 65090.
(b) If a proposed general plan or amendments to a general plan
would affect the permitted uses or intensity of uses of real
property, notice of the hearing shall also be given pursuant to
paragraphs (1) and (3) of subdivision (a) of Section 65091.
(c) If the number of owners to whom notice would be mailed or
delivered pursuant to subdivision (b) is greater than 1,000, a local
agency may, in lieu of mailed or delivered notice, provide notice by
publishing notice pursuant to paragraph (4) of subdivision (a) of
Section 65091.
(d) If the hearings held under this section are held at the same
time as hearings under Section 65854, the notice of the hearing may
be combined.
SEC. 6. Section 66426.5 of the Government Code is amended to read:
66426.5. Any conveyance of land to or from a governmental agency,
public entity, public utility, or subsidiary of a public utility for
conveyance to that public utility for rights-of-way shall not be
considered a division of land for purposes of computing the number of
parcels. For purposes of this section, any conveyance of land to or
from a governmental agency shall include a fee interest, a leasehold
interest, an easement, or a license.
SEC. 7. Section 66428 of the Government Code is amended to read:
66428. (a) Local ordinances may require a tentative map where a
parcel map is required by this chapter. A parcel map shall be
required for subdivisions as to which a final or parcel map is not
otherwise required by this chapter, unless the preparation of the
parcel map is waived by local ordinance as provided in this section.
A parcel map shall not be required for either of the following:
(1) Subdivisions of a portion of the operating right-of-way of a
railroad corporation, as defined by Section 230 of the Public
Utilities Code, that are created by short-term leases (terminable by
either party on not more than 30 days'
notice in writing).
(2) Any conveyance of land to or from a governmental agency,
public entity, public utility, or for land conveyed to a subsidiary
of a public utility for conveyance to that public utility for
rights-of-way shall not be considered a division of land for purposes
of computing the number of parcels. For purposes of this
subdivision, any conveyance of land to or from a governmental agency
shall include a fee interest, a leasehold interest, an easement, or a
license.
(b) A local agency shall, by ordinance, provide a procedure for
waiving the requirement for a parcel map, imposed by this division,
including the requirements for a parcel map imposed by Section 66426.
The procedure may include provisions for waiving the requirement for
a tentative and final map for the construction of a condominium
project on a single parcel. The ordinance shall require a finding by
the legislative body or advisory agency, that the proposed division
of land complies with requirements established by this division or
local ordinance enacted pursuant thereto as to area, improvement and
design, floodwater drainage control, appropriate improved public
roads, sanitary disposal facilities, water supply availability,
environmental protection, and other requirements of this division or
local ordinance enacted pursuant thereto. In any case, where the
requirement for a parcel map is waived by local ordinance pursuant to
this section, a tentative map may be required by local ordinance.
(c) If a local ordinance does not require a tentative map where a
parcel map is required by this division, the subdivider shall have
the option of submitting a tentative map, or if he or she desires to
obtain the rights conferred by Chapter 4.5 (commencing with Section
66498.1), a vesting tentative map.
SEC. 7.5. Section 66452.6 of the Government Code is amended to
read:
66452.6. (a) (1) An approved or conditionally approved tentative
map shall expire 24 months after its approval or conditional
approval, or after any additional period of time as may be prescribed
by local ordinance, not to exceed an additional 12 months. However,
if the subdivider is required to expend two hundred thirty-six
thousand seven hundred ninety dollars ($236,790) or more to
construct, improve, or finance the construction or improvement of
public improvements outside the property boundaries of the tentative
map, excluding improvements of public rights-of-way which abut the
boundary of the property to be subdivided and which are reasonably
related to the development of that property, each filing of a final
map authorized by Section 66456.1 shall extend the expiration of the
approved or conditionally approved tentative map by 36 months from
the date of its expiration, as provided in this section, or the date
of the previously filed final map, whichever is later. The extensions
shall not extend the tentative map more than 10 years from its
approval or conditional approval. However, a tentative map on
property subject to a development agreement authorized by Article 2.5
(commencing with Section 65864) of Chapter 4 of Division 1 may be
extended for the period of time provided for in the agreement, but
not beyond the duration of the agreement. The number of phased final
maps that may be filed shall be determined by the advisory agency at
the time of the approval or conditional approval of the tentative
map.
(2) Commencing January 1, 2012, and each calendar year thereafter,
the amount of two hundred thirty-six thousand seven hundred ninety
dollars ($236,790) shall be annually increased by operation of law
according to the adjustment for inflation set forth in the statewide
cost index for class B construction, as determined by the State
Allocation Board at its January meeting. The effective date of each
annual adjustment shall be March 1. The adjusted amount shall apply
to tentative and vesting tentative maps whose applications were
received after the effective date of the adjustment.
(3) "Public improvements," as used in this subdivision, include
traffic controls, streets, roads, highways, freeways, bridges,
overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting
facilities.
(b) (1) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall not
include any period of time during which a development moratorium,
imposed after approval of the tentative map, is in existence.
However, the length of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be
extended for up to three years, but in no event beyond January 1,
1992, during the pendency of any lawsuit in which the subdivider
asserts, and the local agency which approved or conditionally
approved the tentative map denies, the existence or application of a
development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be
valid for the same period of time as was left to run on the map at
the time that the moratorium was imposed. However, if the remaining
time is less than 120 days, the map shall be valid for 120 days
following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not
include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction, if the stay of the time
period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit
upon the local agency, the subdivider may apply to the local agency
for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall
either stay the time period for up to five years or deny the
requested stay. The local agency may, by ordinance, establish
procedures for reviewing the requests, including, but not limited to,
notice and hearing requirements, appeal procedures, and other
administrative requirements.
(d) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without
first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited
to, processing, approving, and recording, may lawfully occur after
the date of expiration of the tentative map. Delivery to the county
surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map,
the time at which the map expires pursuant to subdivision (a) may be
extended by the legislative body or by an advisory agency authorized
to approve or conditionally approve tentative maps for a period or
periods not exceeding a total of six years. The period of extension
specified in this subdivision shall be in addition to the period of
time provided by subdivision (a). Prior to the expiration of an
approved or conditionally approved tentative map, upon an application
by the subdivider to extend that map, the map shall automatically be
extended for 60 days or until the application for the extension is
approved, conditionally approved, or denied, whichever occurs first.
If the advisory agency denies a subdivider's application for an
extension, the subdivider may appeal to the legislative body within
15 days after the advisory agency has denied the extension.
(f) For purposes of this section, a development moratorium
includes a water or sewer moratorium, or a water and sewer
moratorium, as well as other actions of public agencies which
regulate land use, development, or the provision of services to the
land, including the public agency with the authority to approve or
conditionally approve the tentative map, which thereafter prevents,
prohibits, or delays the approval of a final or parcel map. A
development moratorium shall also be deemed to exist for purposes of
this section for any period of time during which a condition imposed
by the city or county could not be satisfied because of either of the
following:
(1) The condition was one that, by its nature, necessitated action
by the city or county, and the city or county either did not take
the necessary action or by its own action or inaction was prevented
or delayed in taking the necessary action prior to expiration of the
tentative map.
(2) The condition necessitates acquisition of real property or any
interest in real property from a public agency, other than the city
or county that approved or conditionally approved the tentative map,
and that other public agency fails or refuses to convey the property
interest necessary to satisfy the condition. However, nothing in this
subdivision shall be construed to require any public agency to
convey any interest in real property owned by it. A development
moratorium specified in this paragraph shall be deemed to have been
imposed either on the date of approval or conditional approval of the
tentative map, if evidence was included in the public record that
the public agency which owns or controls the real property or any
interest therein may refuse to convey that property or interest, or
on the date that the public agency which owns or controls the real
property or any interest therein receives an offer by the subdivider
to purchase that property or interest for fair market value,
whichever is later. A development moratorium specified in this
paragraph shall extend the tentative map up to the maximum period as
set forth in subdivision (b), but not later than January 1, 1992, so
long as the public agency which owns or controls the real property or
any interest therein fails or refuses to convey the necessary
property interest, regardless of the reason for the failure or
refusal, except that the development moratorium shall be deemed to
terminate 60 days after the public agency has officially made, and
communicated to the subdivider, a written offer or commitment binding
on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
SEC. 8. Section 66484.3 of the Government Code is amended to read:
66484.3. (a) Notwithstanding Section 66007, the Board of
Supervisors of the County of Orange and the city council or councils
of any city or cities in that county may, by ordinance, require the
payment of a fee as a condition of approval of a final map or as a
condition of issuing a building permit for purposes of defraying the
actual or estimated cost of constructing bridges over waterways,
railways, freeways, and canyons, or constructing major thoroughfares.
(b) The local ordinance may require payment of fees pursuant to
this section if:
(1) The ordinance refers to the circulation element of the general
plan and, in the case of bridges, to the transportation provisions
or flood control provisions of the general plan which identify
railways, freeways, streams, or canyons for which bridge crossings
are required on the general plan or local roads, and in the case of
major thoroughfares, to the provisions of the circulation element
which identify those major thoroughfares whose primary purpose is to
carry through traffic and provide a network connecting to or which is
part of the state highway system, and the circulation element,
transportation provisions, or flood control provisions have been
adopted by the local agency 30 days prior to the filing of a map or
application for a building permit. Bridges which are part of a major
thoroughfare need not be separately identified in the transportation
or flood control provisions of the general plan.
(2) The ordinance provides that there will be a public hearing
held by the governing body for each area benefited. Notice shall be
given pursuant to Section 65905. In addition to the requirements of
Section 65905, the notice shall contain preliminary information
related to the boundaries of the area of benefit, estimated cost, and
the method of fee apportionment. The area of benefit may include
land or improvements in addition to the land or improvements which
are the subject of any map or building permit application considered
at the proceedings.
(3) The ordinance provides that at the public hearing, the
boundaries of the area of benefit, the costs, whether actual or
estimated, and a fair method of allocation of costs to the area of
benefit and fee apportionment are established. The method of fee
apportionment, in the case of major thoroughfares, shall not provide
for higher fees on land which abuts the proposed improvement except
where the abutting property is provided direct usable access to the
major thoroughfare. A description of the boundaries of the area of
benefit, the costs, whether actual or estimated, and the method of
fee apportionment established at the hearing shall be incorporated in
a resolution of the governing body, a certified copy of which shall
be recorded by the governing body conducting the hearing with the
recorder of the County of Orange. The resolution may subsequently be
modified in any respect by the governing body. Modifications shall be
adopted in the same manner as the original resolution, except that
the resolution of a city or county which has entered into a joint
exercise of powers agreement pursuant to subdivision (f), relating to
constructing bridges over waterways, railways, freeways, and canyons
or constructing major thoroughfares by the joint powers agency, may
be modified by the joint powers agency following public notice and a
public hearing, if the joint powers agency has complied with all
applicable laws, including Chapter 5 (commencing with Section 66000)
of Division 1. Any modification shall be subject to the protest
procedures prescribed by paragraph (6). The resolution may provide
for automatic periodic adjustment of fees based upon the California
Construction Cost Index prepared and published by the Department of
Transportation, without further action of the governing body,
including, but not limited to, public notice or hearing. The
apportioned fees shall be applicable to all property within the area
of benefit and shall be payable as a condition of approval of a final
map or as a condition of issuing a building permit for any of the
property or portions of the property. Where the area of benefit
includes lands not subject to the payment of fees pursuant to this
section, the governing body shall make provision for payment of the
share of improvement costs apportioned to those lands from other
sources, but those sources need not be identified at the time of the
adoption of the resolution.
(4) The ordinance provides that payment of fees shall not be
required unless the major thoroughfares are in addition to, or a
reconstruction or widening of, any existing major thoroughfares
serving the area at the time of the adoption of the boundaries of the
area of benefit.
(5) The ordinance provides that payment of fees shall not be
required unless the planned bridge facility is an original bridge
serving the area or an addition to any existing bridge facility
serving the area at the time of the adoption of the boundaries of the
area of benefit. Fees imposed pursuant to this section shall not be
expended to reimburse the cost of existing bridge facility
construction, unless these costs are incurred in connection with the
construction of an addition to an existing bridge for which fees may
be required.
(6) The ordinance provides that if, within the time when protests
may be filed under its provisions, there is a written protest, filed
with the clerk of the legislative body, by the owners of more than
one-half of the area of the property to be benefited by the
improvement, and sufficient protests are not withdrawn so as to
reduce the area represented to less than one-half of that to be
benefited, then the proposed proceedings shall be abandoned, and the
legislative body shall not, for one year from the filing of that
written protest, commence or carry on any proceedings for the same
improvement or acquisition under this section, unless the protests
are overruled by an affirmative vote of four-fifths of the
legislative body.
Nothing in this section shall preclude the processing and
recordation of maps in accordance with other provisions of this
division if proceedings are abandoned.
Any protests may be withdrawn in writing by the owner who filed
the protest, at any time prior to the conclusion of a public hearing
held pursuant to the ordinance.
If any majority protest is directed against only a portion of the
improvement then all further proceedings under the provisions of this
section to construct that portion of the improvement so protested
against shall be barred for a period of one year, but the legislative
body shall not be barred from commencing new proceedings not
including any part of the improvement or acquisition so protested
against. Nothing in this section shall prohibit the legislative body,
within the one-year period, from commencing and carrying on new
proceedings for the construction of a portion of the improvement so
protested against if it finds, by the affirmative vote of four-fifths
of its members, that the owners of more than one-half of the area of
the property to be benefited are in favor of going forward with that
portion of the improvement or acquisition.
If the provisions of this paragraph, or provisions implementing
this paragraph contained in any ordinance adopted pursuant to this
section, are held invalid, that invalidity shall not affect other
provisions of this section or of the ordinance adopted pursuant
thereto, which can be given effect without the invalid provision, and
to this end the provisions of this section and of an ordinance
adopted pursuant thereto are severable.
(c) Fees paid pursuant to an ordinance adopted pursuant to this
section shall be deposited in a planned bridge facility or major
thoroughfare fund. A fund shall be established for each planned
bridge facility project or each planned major thoroughfare project.
If the benefit area is one in which more than one bridge or major
thoroughfare is required to be constructed, a fund may be so
established covering all of the bridge or major thoroughfare projects
in the benefit area. Except as otherwise provided in subdivision
(g), moneys in the fund shall be expended solely for the construction
or reimbursement for construction of the improvement serving the
area to be benefited and from which the fees comprising the fund were
collected, or to reimburse the county or a city for the cost of
constructing the improvement.
(d) An ordinance adopted pursuant to this section may provide for
the acceptance of considerations in lieu of the payment of fees.
(e) The county or a city imposing fees pursuant to this section
may advance money from its general fund or road fund to pay the cost
of constructing the improvements and may reimburse the general fund
or road fund from planned bridge facilities or major thoroughfares
funds established to finance the construction of the improvements.
(f) The county or a city imposing fees pursuant to this section
may incur an interest-bearing indebtedness for the construction of
bridge facilities or major thoroughfares. The sole security for
repayment of the indebtedness shall be moneys in planned bridge
facilities or major thoroughfares funds. A city or county imposing
fees pursuant to this section may enter into joint exercise of powers
agreements with other local agencies imposing fees pursuant to this
section, for the purpose of, among others, jointly exercising as a
duly authorized original power established by this section, in
addition to those through a joint exercise of powers agreement, those
powers authorized in Chapter 5 (commencing with Section 31100) of
Division 17 of the Streets and Highways Code for the purpose of
constructing bridge facilities and major thoroughfares in lieu of a
tunnel and appurtenant facilities, and, notwithstanding Section 31200
of the Streets and Highways Code, may acquire by dedication, gift,
purchase, or eminent domain, any franchise, rights, privileges,
easements, or other interest in property, either real or personal,
necessary therefor on segments of the state highway system,
including, but not limited to, those segments of the state highway
system eligible for federal participation pursuant to Title 23 of the
United States Code.
An entity constructing bridge facilities and major thoroughfares
pursuant to this section shall design and construct the bridge
facilities and major thoroughfares to the standards and
specifications of the Department of Transportation then in effect,
and may, at any time, transfer all or a portion of the bridge
facilities and major thoroughfares to the state subject to the terms
and conditions as shall be satisfactory to the Director of the
Department of Transportation. Any of these bridge facilities and
major thoroughfares shall be designated as a portion of the state
highway system prior to its transfer. The participants in a joint
exercise of powers agreement may also exercise as a duly authorized
original power established by this section the power to establish and
collect toll charges only for paying for the costs of construction
of the major thoroughfare for which the toll is charged and for the
costs of collecting the tolls, except that a joint powers agency,
which is the lending agency, may, notwithstanding subdivision (c),
make toll revenues and fees imposed pursuant to this section
available to another joint powers agency, which is the borrowing
agency, established for the purpose of designing, financing, and
constructing coordinated and interrelated major thoroughfares, in the
form of a subordinated loan, to pay for the cost of construction and
toll collection of major thoroughfares other than the major
thoroughfares for which the toll or fee is charged, if the lending
agency has complied with all applicable laws, including Chapter 5
(commencing with Section 66000) of Division 1, and if the borrowing
agency is required to pay interest on the loan to the lending agency
at a rate equal to the interest rate charged on funds loaned from the
Pooled Money Investment Account. Prior to executing the loan, the
lending agency shall make all of the following findings:
(1) The major thoroughfare for which the toll or fee is charged
will benefit from the construction of the major thoroughfare to be
constructed by the borrowing agency or will benefit financially by a
sharing of revenues with the borrowing agency.
(2) The lending agency will possess adequate financial resources
to fund all costs of construction of existing and future projects
that it plans to undertake prior to the final maturity of the loan,
after funding the loan, and taking into consideration its then
existing funds, its present and future obligations, and the revenues
and fees it expects to receive.
(3) The funding of the loan will not materially impair its
financial condition or operations during the term of the loan.
Major thoroughfares from which tolls are charged shall utilize the
toll collection equipment most capable of moving vehicles
expeditiously and efficiently, and which is best suited for that
purpose, as determined by the participants in the joint exercise of
powers agreement. However, in no event shall the powers authorized in
Chapter 5 (commencing with Section 31100) of Division 17 of the
Streets and Highways Code be exercised unless a resolution is first
adopted by the legislative body of the agency finding that adequate
funding for the portion of the cost of constructing those bridge
facilities and major thoroughfares not funded by the development fees
collected by the agency is not available from any federal, state, or
other source. Any major thoroughfare constructed and operated as a
toll road pursuant to this section shall only be constructed parallel
to other public thoroughfares and highways.
(g) The term "construction," as used in this section, includes
design, acquisition of rights-of-way, and actual construction,
including, but not limited to, all direct and indirect environmental,
engineering, accounting, legal, administration of construction
contracts, and other services necessary therefor. The term
"construction" also includes reasonable general agency administrative
expenses, not exceeding three hundred thousand dollars ($300,000) in
any calendar year after January 1, 1986, as adjusted annually for
any increase or decrease in the Consumer Price Index of the Bureau of
Labor Statistics of the United States Department of Labor for all
Urban Consumers, Los Angeles-Long Beach-Anaheim, California
(1967=100), as published by the United States Department of Commerce,
by each agency created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 for the purpose
of constructing bridges and major thoroughfares. "General agency
administrative expenses" means those office, personnel, and other
customary and normal expenses associated with the direct management
and administration of the agency, but not including costs of
construction.
(h) Fees paid pursuant to an ordinance adopted pursuant to this
section may be utilized to defray all direct and indirect financing
costs related to the construction of the bridges and major
thoroughfares by the joint powers agency. Because the financing costs
of bridges and major thoroughfares for which a toll charge shall be
established or collected represent a necessary element of the total
cost of those bridges and major thoroughfares, the joint powers
agency constructing those facilities may include a charge for
financing costs in the calculation of the fee rate. The charge shall
be based on the estimated financing cost of any eligible portion of
the bridges and major thoroughfares for which tolls shall be
collected. The eligible portion shall be any or all portions of the
major thoroughfare for which a viable financial plan has been adopted
by the joint powers agency on the basis of revenues reasonably
expected by the joint powers agency to be available to the
thoroughfare, after consultation with representatives of the fee
payers. For purposes of calculating the charge, financing costs shall
include only reasonable allowances for payments and charges for
principal, interest, and premium on indebtedness, letter of credit
fees and charges,
remarketing fees and charges, underwriters' discount, and other
costs of issuance, less net earnings on bridge and major thoroughfare
funds by the joint powers agency prior to the opening of the
facility to traffic after giving effect to any payments from the fund
to preserve the federal income tax exemption on the indebtedness.
For purposes of calculating the charge for financing costs in the
calculation of the fee rate only, financing costs shall not include
any allowance for the cost of any interest paid on indebtedness with
regard to each eligible portion after the estimated opening of the
portion to traffic as established by the joint powers agency. Any and
all challenges to any financial plan or financing costs adopted or
calculated pursuant to this section shall be governed by subdivision
(k).
(i) Nothing in this section shall be construed to preclude the
County of Orange or any city within that county from providing funds
for the construction of bridge facilities or major thoroughfares to
defray costs not allocated to the area of benefit.
(j) Any city within the County of Orange may require the payment
of fees in accordance with this section as to any property in an area
of benefit within the city's boundaries, for facilities shown on its
general plan or the county's general plan, whether the facilities
are situated within or outside the boundaries of the city, and the
county may expend fees for facilities or portions thereof located
within cities in the county.
(k) The validity of any fee required pursuant to this section
shall not be contested in any action or proceeding unless commenced
within 60 days after recordation of the resolution described in
paragraph (3) of subdivision (b). The provisions of Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure shall be applicable to any such action or proceeding.
This subdivision shall also apply to modifications of fee programs.
(l) If the County of Orange and any city within that county have
entered into a joint powers agreement for the purpose of constructing
the bridges and major thoroughfares referred to in Sections 50029
and 66484, and if a proposed change of organization or reorganization
includes any territory of an area of benefit established pursuant to
Sections 50029 and 66484, within a successor local agency, the local
agency shall not take any action that would impair, delay,
frustrate, obstruct, or otherwise impede the construction of the
bridges and major thoroughfares referred to in this section.
(m) Nothing in this section prohibits the succession of all
powers, obligations, liabilities, and duties of any joint powers
agency created pursuant to subdivision (l) to an entity with
comprehensive countywide transportation planning and operating
authority which is statutorily created in the County of Orange and
which is statutorily authorized to assume those powers, obligations,
liabilities, and duties.
SEC. 8.5. Section 4768 of the Health and Safety Code is amended to
read:
4768. Section 19990 of the Government Code shall apply to
employees of the district.
SEC. 9. Section 33038 of the Health and Safety Code is repealed.
SEC. 10. Section 33320.51 of the Health and Safety Code is amended
and renumbered to read:
33492.43. (a) Any redevelopment plan, or any amendment to an
existing redevelopment plan adopted on or after July 1, 1993, that is
subject to Section 33492.40, may utilize as the base year either the
year it was adopted or the 1994-95 fiscal year, at the option of the
adopting agency, as referenced by a duly adopted ordinance of the
governing board. If the governing board adopts the 1994-95 fiscal
year as the base year, that designation shall remain in effect only
until the time that the county assessor certifies that assessed
values for the redevelopment project area equal or exceed the
assessed value in the initial base year. When that certification is
made by the county assessor, the base year shall revert to the
initial base year at the time of plan adoption.
(b) To the extent any adjustment in the base year pursuant to
this section creates a negative fiscal impact on the state, the
governing board shall, on or before the expiration of five years from
the date of the adjustment of the base year pursuant to this
section, remit to the Controller the total amount of increased aid to
schools received from the state as a result of the adjustment in the
base year as determined by the Department of Finance in consultation
with the governing board.
SEC. 11. Section 20395 of the Public Contract Code is amended to
read:
20395. In any county that has appointed a road commissioner
pursuant to Section 2006 of the Streets and Highways Code, or in any
county that has abolished the office of road commissioner and
complied with Section 2006.1 of the Streets and Highways Code, the
board may authorize the road commissioner, or a registered civil
engineer under the direction of the county director of
transportation, to have any work upon county highways done under his
or her supervision and direction. The work may be done in any of the
following ways:
(a) By letting a contract covering both work and material. In that
event, the contract shall be let to the lowest responsible bidder as
provided in this article.
(b) By purchasing the material and letting a contract for the
performance of the work. In that event, the material shall be bought
at the lowest possible cost and the contract let to the lowest
responsible bidder as provided in this article.
(c) By purchasing the material and having the work done by day
labor, in which case advertising for bids is not required.
(d) (1) By authorizing the county road commissioner or a
registered civil engineer under the direction of the county director
of transportation to execute changes or additions to the work for any
contract pursuant to this section in an amount not to exceed five
thousand dollars ($5,000) for contracts of fifty thousand dollars
($50,000) or less, or 10 percent for contracts over fifty thousand
dollars ($50,000) but not to exceed two hundred fifty thousand
dollars ($250,000). In no event shall any change or addition to the
work exceed a net total addition of twenty-five thousand dollars
($25,000).
(2) For contracts whose original cost exceeds two hundred fifty
thousand dollars ($250,000), the extra cost for any change or
addition to the work so ordered shall not exceed twenty-five thousand
dollars ($25,000), plus 5 percent of the amount of the original
contract cost in excess of two hundred fifty thousand dollars
($250,000). In no event shall any change or alteration exceed two
hundred ten thousand dollars ($210,000).
(e) By purchasing the material and letting a contract for the work
or by letting a contract covering both work and material without
advertising for bids when the estimated cost of emergency work
necessitated by the imminence or occurrence of a landslide, flood,
storm damage, or other emergency exceeds twenty-five thousand dollars
($25,000) and the public interest and necessity demand immediate
action to safeguard life, health, or property.
SEC. 11.5. Section 21669.5 of the Public Utilities Code is amended
to read:
21669.5. (a) For purposes of this section, the following terms
have the following meanings:
(1) (A) "Avigation easement" means a less-than-fee-title transfer
of real property rights from the property owner that may convey to an
owner or operator of an airport any or all of the following rights:
(i) A right-of-way for the free and unobstructed passage of
aircraft through the airspace over the property at any altitude above
a specified surface.
(ii) A right to subject the property to noise, vibration, fumes,
dust, and fuel particle emissions associated with normal airport
activity.
(iii) A right to prohibit the erection or growth of any structure,
tree, or other object that would enter the acquired airspace.
(iv) A right-of-entry onto the property, with proper advance
notice, for the purpose of removing, marking, or lighting any
structure or other object that enters the acquired airspace.
(v) A right to prohibit electrical interference, glare, misleading
lights, visual impairments, and other hazards to aircraft flight
from being created on the property.
(B) "Avigation easement" includes an easement obtained pursuant to
paragraph (2) of subdivision (a) of Section 21652.
(2) "CNEL" means community noise equivalent level established
pursuant to Chapter 6 (commencing with Section 5000) of Division 2.5
of Title 21 of the California Code of Regulations.
(3) "Noise-sensitive land use" means residential uses, including
detached single-family dwellings, multifamily dwellings, highrise
apartments or condominiums, mobilehomes, public and private
educational facilities, hospitals, convalescent homes, churches,
synagogues, temples, and other places of worship.
(4) "Noise-sensitive project" means a project involving new
construction or reconstruction for a planned noise-sensitive land use
within an airport's 65 decibels CNEL or higher noise contour.
(b) If a political subdivision conditions approval of a
noise-sensitive project upon the grant of an avigation easement to
the owner or operator of an airport, the avigation easement shall be
required to be granted to the owner or operator of the airport prior
to the issuance of the building permit that allows construction or
reconstruction of the noise-sensitive project. The owner or operator
of an airport that is granted an avigation easement as a condition
for approval of a noise-sensitive project pursuant to this
subdivision shall be entitled to immediately record it upon receipt.
(c) An avigation easement granted to the owner or operator of an
airport as a condition for approval of a noise-sensitive project
shall include a termination clause that operates to terminate the
avigation easement if the noise-sensitive project is not built and
the permit or any permit extension authorizing construction or
reconstruction of the noise-sensitive project has expired or has been
revoked.
(d) Within 30 days after expiration or revocation of a permit or
permit extension that authorized construction or reconstruction of a
noise-sensitive project and was conditioned upon the property owner
granting an avigation easement to the owner or operator of an
airport, the political subdivision that had issued the permit shall
notify the owner or operator of the airport of the expiration or
revocation of the permit. Within 90 days after receipt of the notice
from the political subdivision, the owner or operator of the airport
shall record a notice of termination with the county recorder in
which the property is located. Proof of filing of the notice of
termination shall be provided to the political subdivision by the
owner or operator of the airport within 30 days of recordation.
(e) Notwithstanding Sections 6103 and 27383 of the Government
Code, the owner or operator of an airport shall pay all applicable
recording fees prescribed by law for the filing of a notice of
termination pursuant to this section.
SEC. 12. Section 99243 of the Public Utilities Code is amended to
read:
99243. (a) The Controller, in cooperation with the department and
the operators, shall design and adopt a uniform system of accounts
and records, from which the operators shall prepare and submit annual
reports of their operation to the transportation planning agencies
having jurisdiction over them and to the Controller within 90 days of
the end of the fiscal year. If the report is filed in electronic
format as prescribed by the Controller, the report shall be furnished
within 110 days after the close of each fiscal year. The report
shall specify (1) the amount of revenue generated from each source
and its application for the prior fiscal year and (2) the data
necessary to determine which section, with respect to Sections
99268.1, 99268.2, 99268.3, 99268.4, 99268.5, and 99268.9, the
operator is required to be in compliance in order to be eligible for
funds under this article.
(b) As a supplement to the annual report prepared pursuant to
subdivision (a), each operator shall include an estimate of the
amount of revenues to be generated from each source and its proposed
application for the next fiscal year, and a report on the extent to
which it has contracted with the Prison Industry Authority, including
the nature and dollar amounts of all contracts entered into during
the reporting period and proposed for the next reporting period.
(c) The Controller shall instruct the county auditor to withhold
payments from the fund to an operator that has not submitted its
annual report to the Controller within the time specified by
subdivision (a).
(d) In establishing the uniform system of accounts and records,
the Controller shall include the data required by the United States
Department of Transportation and the department.
(e) Notwithstanding any other law or any regulation, including any
California Code of Regulations provision, the City of El Segundo,
the City of Huntington Beach, the City of Inglewood, the City of Long
Beach, or the City of South Lake Tahoe may select, for purposes of
this chapter, on a one-time basis, a fiscal year that does not end on
June 30. After the city has sent a written notice to the Secretary
of Business, Transportation and Housing and the Controller that the
city has selected a fiscal year other than one ending on June 30, the
fiscal year selected by the city shall be its fiscal year for all
reports required by the state under this chapter.
SEC. 12.5. Part 16 (commencing with Section 36000) of Division 2
of the Revenue and Taxation Code is repealed.
SEC. 13. Section 2151 of the Streets and Highways Code is amended
to read:
2151. On or before the first day of October of each year, the
governing body of each county and city shall cause to be made and
filed with the Controller a complete report of the expenditures for
street or road purposes during the preceding fiscal year ending on
the 30th day of June. However, the City of El Segundo, the City of
Huntington Beach, the City of Inglewood, the City of Long Beach, or
the City of South Lake Tahoe may send, on a one-time basis, a written
notice to the Controller that it has selected a fiscal year ending
on a date other than June 30, and, in that case, the fiscal year
selected by the city shall be its fiscal year for reports under this
section.
The Controller shall prescribe the form and contents of the
report. The report shall show the amount expended for construction by
contract, maintenance by contract, construction by day labor, and
maintenance by day labor. For construction and maintenance by day
labor, the amount shall include the cost of material, labor,
equipment, and overhead for work performed thereunder.
The board of supervisors of each county shall by appropriate
action, at any regular or special meeting, designate either the
county road commissioner or the county auditor as the person
responsible for making and signing the report required by this
section. When the road commissioner is designated to make and sign
the report, the county auditor shall certify the report before it is
filed with the Controller. When the county auditor is designated to
make and sign the report, the road commissioner shall certify the
report before it is filed with the Controller. Reports made by each
city shall be certified by the city's fiscal officer.
SEC. 13.5. Section 22525 of the Streets and Highways Code is
amended to read:
22525. "Improvement" means one or any combination of the
following:
(a) The installation or planting of landscaping.
(b) The installation or construction of statuary, fountains, and
other ornamental structures and facilities.
(c) The installation or construction of public lighting
facilities, including, but not limited to, traffic signals.
(d) The installation or construction of any facilities which are
appurtenant to any of the foregoing or which are necessary or
convenient for the maintenance or servicing thereof, including, but
not limited to, grading, clearing, removal of debris, the
installation or construction of curbs, gutters, walls, sidewalks, or
paving, or water, irrigation, drainage, or electrical facilities.
(e) The installation of park or recreational improvements,
including, but not limited to, all of the following:
(1) Land preparation, such as grading, leveling, cutting and
filling, sod, landscaping, irrigation systems, sidewalks, and
drainage.
(2) Lights, playground equipment, play courts, and public
restrooms.
(f) The maintenance or servicing, or both, of any of the
foregoing, and of any improvement authorized by subdivision (i).
(g) The acquisition of land for park, recreational, or open-space
purposes.
(h) The acquisition of any existing improvement otherwise
authorized pursuant to this section.
(i) The acquisition or construction of any community center,
municipal auditorium or hall, or similar public facility for the
indoor presentation of performances, shows, stage productions, fairs,
conventions, exhibitions, pageants, meetings, parties, or other
group events, activities, or functions, whether those events,
activities, or functions are public or private.
SEC. 14. Section 36522 of the Streets and Highways Code is amended
to read:
36522. Proceedings to establish a parking and business
improvement area shall be instituted by the adoption by the city
council of a resolution of intention to establish the area. The
resolution of intention shall do all of the following:
(a) State that a parking and business improvement area is proposed
to be established pursuant to this chapter and describe the
boundaries of the territory proposed to be included in the area and
the boundaries of each separate benefit zone to be established within
the area. The boundaries of the area may be described by reference
to a map on file in the office of the clerk, showing the proposed
area.
(b) State the name of the proposed area.
(c) State the type or types of improvements and activities
proposed to be funded by the levy of assessments on businesses in the
area. The resolution of intention shall specify any improvements to
be acquired.
(d) State that, except where funds are otherwise available, an
assessment will be levied annually to pay for all improvements and
activities within the area.
(e) State the proposed method and basis of levying the assessment
in sufficient detail to allow each business owner to estimate the
amount of the assessment to be levied against his or her business.
(f) State whether new businesses will be exempt from the levy of
the assessment, pursuant to Section 36531.
(g) Fix a time and place for a public hearing on the establishment
of the parking and business improvement area and the levy of
assessments, which shall be consistent with the requirements of
Section 54954.6 of the Government Code.
(h) State that at the hearing the testimony of all interested
persons for or against the establishment of the area, the extent of
the area, or the furnishing of specified types of improvements or
activities will be heard.
(i) Describe, in summary, the effect of protests made by business
owners against the establishment of the area, the extent of the area,
and the furnishing of a specified type of improvement or activity,
as provided in Section 36524.
SEC. 15. Section 36608 of the Streets and Highways Code is amended
to read:
36608. "City" means a city, county, city and county, or an agency
or entity created pursuant to Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code,
the public member agencies of which includes only cities, counties,
or a city and county, or the State of California.
SEC. 16. Section 36615 of the Streets and Highways Code is amended
to read:
36615. "Property owner" means any person shown as the owner of
land on the last equalized assessment roll or otherwise known to be
the owner of land by the city council. "Business owner" means any
person recognized by the city as the owner of the business. "Owner"
means either a business owner or a property owner. The city council
has no obligation to obtain other information as to the ownership of
land or businesses, and its determination of ownership shall be final
and conclusive for the purposes of this part. Wherever this part
requires the signature of the property owner, the signature of the
authorized agent of the property owner shall be sufficient. Wherever
this part requires the signature of the business owner, the signature
of the authorized agent of the business owner shall be sufficient.
SEC. 17. Section 36622 of the Streets and Highways Code is amended
to read:
36622. The management district plan shall contain all of the
following:
(a) If the assessment will be levied on property, a map of the
district in sufficient detail to locate each parcel of property and,
if businesses are to be assessed, each business within the district.
If the assessment will be levied on businesses, a map that identifies
the district boundaries in sufficient detail to allow a business
owner to reasonably determine whether a business is located within
the district boundaries. If the assessment will be levied on property
and businesses, a map of the district in sufficient detail to locate
each parcel of property and to allow a business owner to reasonably
determine whether a business is located within the district
boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the
boundaries of benefit zones, proposed for establishment or extension
in a manner sufficient to identify the affected lands and businesses
included. The boundaries of a proposed property assessment district
shall not overlap with the boundaries of another existing property
assessment district created pursuant to this part. This part does not
prohibit the boundaries of a district created pursuant to this part
to overlap with other assessment districts established pursuant to
other provisions of law, including, but not limited to, the Parking
and Business Improvement Area Law of 1989 (Part 6 (commencing with
Section 36500)). This part does not prohibit the boundaries of a
business assessment district created pursuant to this part to overlap
with another business assessment district created pursuant to this
part. This part does not prohibit the boundaries of a business
assessment district created pursuant to this part to overlap with a
property assessment district created pursuant to this part.
(d) The improvements and activities proposed for each year of
operation of the district and the maximum cost thereof.
(e) The total annual amount proposed to be expended for
improvements, maintenance and operations, and debt service in each
year of operation of the district.
(f) The proposed source or sources of financing, including the
proposed method and basis of levying the assessment in sufficient
detail to allow each property or business owner to calculate the
amount of the assessment to be levied against his or her property or
business. The plan also shall state whether bonds will be issued to
finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be
levied. In a new district, the maximum number of years shall be five.
Upon renewal, a district shall have a term not to exceed 10 years.
Notwithstanding these limitations, a district created pursuant to
this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. The management
district plan may set forth specific increases in assessments for
each year of operation of the district.
(i) The proposed time for implementation and completion of the
management district plan.
(j) Any proposed rules and regulations to be applicable to the
district.
(k) A list of the properties or businesses to be assessed,
including the assessor's parcel numbers for properties to be
assessed, and a statement of the method or methods by which the
expenses of a district will be imposed upon benefited real property
or businesses, in proportion to the benefit received by the property
or business, to defray the cost thereof, including operation and
maintenance. The plan may provide that all or any class or category
of real property which is exempt by law from real property taxation
may nevertheless be included within the boundaries of the district
but shall not be subject to assessment on real property.
( l ) Any other item or matter required to be
incorporated therein by the city council.
SEC. 18. Section 36623 of the Streets and Highways Code is amended
to read:
36623. (a) If a city council proposes to levy a new or increased
property assessment, the notice and protest and hearing procedure
shall comply with Section 53753 of the Government Code.
(b) If a city council proposes to levy a new or increased business
assessment, the notice and protest and hearing procedure shall
comply with Section 54954.6 of the Government Code, except that
notice shall be mailed to the owners of the businesses proposed to be
assessed. A protest may be made orally or in writing by any
interested person. Every written protest shall be filed with the
clerk at or before the time fixed for the public hearing. The city
council may waive any irregularity in the form or content of any
written protest. A written protest may be withdrawn in writing at any
time before the conclusion of the public hearing. Each written
protest shall contain a description of the business in which the
person subscribing the protest is interested sufficient to identify
the business and, if a person subscribing is not shown on the
official records of the city as the owner of the business, the
protest shall contain or be accompanied by written evidence that the
person subscribing is the owner of the business or the authorized
representative. A written protest that does not comply with this
section shall not be counted in determining a majority protest. If
written protests are received from the owners or authorized
representatives of businesses in the proposed district that will pay
50 percent or more of the assessments proposed to be levied and
protests are not withdrawn so as to reduce the protests to less than
50 percent, no further proceedings to levy the proposed assessment
against such businesses, as contained in the resolution of intention,
shall be taken for a period of one year from the date of the finding
of a majority protest by the city
council.
SEC. 19. Section 36625 of the Streets and Highways Code is amended
to read:
36625. (a) If the city council, following the public hearing,
decides to establish the proposed property and business improvement
district, the city council shall adopt a resolution of formation that
shall contain all of the following:
(1) A brief description of the proposed activities and
improvements, the amount of the proposed assessment, a statement as
to whether the assessment will be levied on property, businesses, or
both within the district, a statement about whether bonds will be
issued, and a description of the exterior boundaries of the proposed
district. The descriptions and statements do not need to be detailed
and shall be sufficient if they enable an owner to generally identify
the nature and extent of the improvements and activities and the
location and extent of the proposed district.
(2) The number, date of adoption, and title of the resolution of
intention.
(3) The time and place where the public hearing was held
concerning the establishment of the district.
(4) A determination regarding any protests received. The city
shall not establish the district or levy assessments if a majority
protest was received.
(5) A statement that the properties, businesses, or properties and
businesses in the district established by the resolution shall be
subject to any amendments to this part.
(6) A statement that the improvements and activities to be
provided in the district will be funded by the levy of the
assessments. The revenue from the levy of assessments within a
district shall not be used to provide improvements or activities
outside the district or for any purpose other than the purposes
specified in the resolution of intention, as modified by the city
council at the hearing concerning establishment of the district.
(7) A finding that the property or businesses within the area of
the property and business improvement district will be benefited by
the improvements and activities funded by the assessments proposed to
be levied.
(b) The adoption of the resolution of formation and, if required,
recordation of the notice and map pursuant to Section 36627 shall
constitute the levy of an assessment in each of the fiscal years
referred to in the management district plan.
SEC. 20. Section 36627 of the Streets and Highways Code is amended
to read:
36627. Following adoption of the resolution establishing district
assessments on properties pursuant to Section 36625 or Section
36626, the clerk of the city shall record a notice and an assessment
diagram pursuant to Section 3114. No other provision of Division 4.5
(commencing with Section 3100) applies to an assessment district
created pursuant to this part.
SEC. 21. Section 36631 of the Streets and Highways Code is amended
to read:
36631. The collection of the assessments levied pursuant to this
part shall be made at the time and in the manner set forth by the
city council in the resolution levying the assessment. Assessments
levied on real property may be collected at the same time and in the
same manner as for the ad valorem property tax, and may provide for
the same lien priority and penalties for delinquent payment. All
delinquent payments for assessments levied pursuant to this part
shall be charged interest and penalties.
SEC. 22. Section 36670 of the Streets and Highways Code is amended
to read:
36670. (a) Any district established or extended pursuant to the
provisions of this part, where there is no indebtedness, outstanding
and unpaid, incurred to accomplish any of the purposes of the
district, may be disestablished by resolution by the city council in
either of the following circumstances:
(1) If the city council finds there has been misappropriation of
funds, malfeasance, or a violation of law in connection with the
management of the district, it shall notice a hearing on
disestablishment.
(2) During the operation of the district, there shall be a 30-day
period each year in which assessees may request disestablishment of
the district. The first such period shall begin one year after the
date of establishment of the district and shall continue for 30 days.
The next such 30-day period shall begin two years after the date of
the establishment of the district. Each successive year of operation
of the district shall have such a 30-day period. Upon the written
petition of the owners or authorized representatives of real property
or the owners or authorized representatives of businesses in the
area who pay 50 percent or more of the assessments levied, the city
council shall pass a resolution of intention to disestablish the
district. The city council shall notice a hearing on
disestablishment.
(b) The city council shall adopt a resolution of intention to
disestablish the district prior to the public hearing required by
this section. The resolution shall state the reason for the
disestablishment, shall state the time and place of the public
hearing, and shall contain a proposal to dispose of any assets
acquired with the revenues of the assessments levied within the
property and business improvement district. The notice of the hearing
on disestablishment required by this section shall be given by mail
to the property owner of each parcel or to the owner of each business
subject to assessment in the district, as appropriate. The city
shall conduct the public hearing not less than 30 days after mailing
the notice to the property or business owners. The public hearing
shall be held not more than 60 days after the adoption of the
resolution of intention.
SEC. 23. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the fiscal years used by the
City of El Segundo, the City of Inglewood, and the City of Long
Beach.
