Amended in Assembly June 2, 2016

Amended in Senate March 29, 2016

Senate BillNo. 974


Introduced by Committee on Governance and Finance (Senators Hertzberg (Chair), Beall, Hernandez, Lara, Moorlach, Nguyen, and Pavley)

February 8, 2016


An act to amend Section 8770 of the Business and Professions Code, to amend Sections 6107, 8205, 8206, 8213, 8213.5, 8311,begin insert 15606.1,end insert 40805,begin insert 53087.7,end insert 53601, 65091, 65302, and 67661 of the Government Code, to amend Sections 5471, 5473, 5474, 5474.8, and 13822 of the Health and Safety Code, to amend Section 22161 of the Public Contract Code, to amend Sections 11005, 11005.3, 19201, and 19202 of the Revenue and Taxation Code, to amendbegin delete Section 2105end deletebegin insert Sections 2105, 36601, 36606, 36610, 36625, and 36670end insert of the Streets and Highwaysbegin insert Code,end insert and to amend Section 7.6 of, and to repeal Sections 7.3 and 8 of, the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961), relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 974, as amended, Committee on Governance and Finance. Local government: omnibus.

(1) The Professional Land Surveyors’ Act, among other things, requires a county recorder to store and index records of survey, and to maintain both original maps and a printed set for public reference. That act specifically requires the county recorder to securely fasten a filed record of survey into a suitable book.

This bill would also authorize a county recorder to store records of survey in any other manner that willbegin delete assureend deletebegin insert ensureend insert the maps are kept together.

(2) Existing law prohibits a public entity from demanding a fee or compensation for, among other things, a certified copy of specified military records, and of public records to be used in a claim related to veterans’ benefits, as specified. Existing law provides that a certified copy of these records may be made available only to the person who is the subject of the record, a family member or legal representative of that person, a county office that provides veterans’ benefits services, or a federal official upon written request.

This bill would provide that a certified copy of these records may also be made available to a state or city office that provides veterans’ benefits services upon written request of that office.

Bybegin delete expendingend deletebegin insert expandingend insert the duty of local officials to provide copies of military records, this bill would impose a state-mandated local program.

(3) Existing law authorizes the Secretary of State to appoint and commission notaries public, as provided. Existing law requires every person appointed a notary public, no later than 30 days after the beginning of the term prescribed in the commission, to file an official bond and an oath of office in the office of the county clerk of the county within which the person maintains a principal place of business.

This bill would require a person taking the oath of office before the county clerk to serve as a notary public to present identification documents meeting certain requirements specified in statute as satisfactory evidence of identity.

Existing law requires specified communications between the Secretary of State and notaries public to be made by certified mail. Existing law also specifies that, wherever any notice or communication required by laws to be mailed by registered mail to or by the state, the mailing of the notice by certified mail is deemed a sufficient compliance with that requirement.

This bill would authorize the use of any other means of physical delivery that provides a receipt for these communications.

begin insert

(4) Existing law requires the State Board of Equalization to, among other things, prescribe rules and regulations to govern local boards of equalization and to prepare and issue instructions to assessors designed to promote uniformity throughout the state, as provided. Existing law requires that these duties, rules, regulations, and instructions include provisions for mobilehomes which are subject to local property taxation.

end insert
begin insert

This bill would additionally require that these duties, rules, regulations, and instructions include provisions for floating homes which are subject to local property taxation.

end insert
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(4)

end delete

begin insert(5)end insert Existing law requires the officer of a local agency who has charge of financial records to furnish the Controller with a report of all the financial transactions of the local agency during the preceding fiscal year, as provided. Existing law requires the report to be furnished within 7 months after the close of each fiscal year.

Existing law designates the city clerk as the accounting officer of the city and requires him or her to maintain records reflecting the financial condition of the city. Existing law requires the city clerk to publish the report to the Controller once in a newspaper of general circulation, or cause copies of the statement to be posted in 3 public places designated by city ordinance if there is no newspaper of general circulation, within 120 days after the close of the fiscal year for which the report is compiled.

This bill would instead require the city clerk to publish or post the report consistent with the timelines established in statute for furnishing the report to the Controller.

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(6) Existing law prohibits a city, including a charter city, county, or city and county, from enacting or enforcing any ordinance or regulation, other than certain reasonable restrictions, that prohibits the installation of drought tolerant landscaping, synthetic grass, or artificial turf on residential property, as specified. Existing law provides that this is an issue of statewide concern.

end insert
begin insert

This bill would authorize a city, including a charter city, county, or city and county, to impose reasonable restrictions on the installation or design of synthetic grass or artificial turf within the dripline of a tree protected by local ordinance.

end insert
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(5)

end delete

begin insert(7)end insert Existing law authorizes the legislative body of a local agency having money in a sinking fund or money in its treasury not required for immediate needs to invest any portion of the money that it deems wise or expedient in specified securities and financial instruments. Existing law requires that certain of these instruments be rated at least “A” or “AA,” as applicable, by a nationally recognized statistical rating organization (NRSRO).

This bill would specify that these instruments must be in a ratings category of at least “A” or “AA,” as applicable, or its equivalent.

begin delete

(6)

end delete

begin insert(8)end insert The Planning and Zoning Law and the Subdivision Map Act require local governments to hold public hearings regarding various land use actions contemplated by those governments. If public notice of the hearing is required, existing law requires that the notice be given in specified ways, including mailing at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, and to all owners of real property within 300 feet of the real property that is the subject of the hearing, as provided. Existing law requires that notice mailed to affected local agencies also be published in at least one newspaper of general circulation and posted in at least 3 public places, as provided.

This bill would instead require publication and posting of the notice that is required to be sent to the owners of real property within 300 feet of the real property that is the subject of the hearing.

By revising the duties of local government officials with respect to the mailing of specified notices of hearings on land use actions, this bill would impose a state-mandated local program.

The Planning and Zoning Law also requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic hazards, flooding, wildland and urban fires, and climate adaptation and resilience strategies. That law requires that the safety element be reviewed and updated, in the case of flooding and fire hazards, upon the next revision of the housing element after specified dates or, in the case of climate adaptation and resilience strategies, upon either the next revision of a local hazard mitigation plan after a specified date or on or before January 1, 2022, as applicable. That law also requires, after the initial revision of the safety element to address flooding, fires, and climate adaptation and resilience strategies, that for each subsequent revision the planning agency review and, if necessary, revise the safety element to identify new information that was not available during the previous revision of the safety element.

This bill would instead require a planning agency to review and revise the safety element to identify new information, as described above, only to address flooding and fires.

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(7)

end delete

begin insert(9)end insert The Fort Ord Reuse Authority Act establishes the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in Monterey County. The act requires the authority to be governed by a 13-member board, as specified, and authorizes a representative designated by the Member of Congress from the 17th Congressional District, a representative designated by the Senator from the 15th Senate District, and a representative designated by the Assembly Member from the 27th Assembly District to serve as ex officio nonvoting members of the board.

This bill would instead authorize a representative designated by each of the Member of Congress, the Senator, and the Assembly Member that has the majority portion of Fort Ord in his or her district to serve as ex officio nonvoting members of the board.

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(8)

end delete

begin insert(10)end insert Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities and to fix fees or charges for the privilege of connecting to its sanitation or sewerage facilities and improvements constructed by the entity, as provided. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. Under existing law, an entity may undertake these actions by enactment of an ordinance approved by a 23 vote of the members of the legislative body of the entity.

This bill would instead specify that the entity may undertake these actions by ordinance or resolution.

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(9)

end delete

begin insert(11)end insert The Fire Protection District Law of 1987 establishes a procedure for the formation of fire protection districts, as specified. That law provides that a district may be formed by adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district.

This bill would make a technical change to these provisions.

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(10)

end delete

begin insert(12)end insert Existing law, until January 1, 2025, authorizes the Department of General Services, the Department of Corrections and Rehabilitation, and certain local agencies to use the design-build procurement process for specified public works. Existing law defines “best value” design-build procurement by local-agencies purposes to mean a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance.

This bill would modify that definition to have the objective criteria evaluation, instead relate to those specificbegin delete criteriaend deletebegin insert criteria.end insert

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(11)

end delete

begin insert(13)end insert The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state. Under existing law, the Controller was, until July 1, 2011, required to allocate vehicle license fee revenues in the Motor Vehicle License Fee Account in a specified order to, among others, each city that was incorporated before August 5, 2004. Existing law required the Controller to allocate these revenues in accordance with a specified formula based on, among other factors, the actual population, as defined, of the city. In the case of a city that incorporated on or after January 1, 1987, and before August 5, 2004, existing law also requires the Controller to determine the population of the city as provided based on, among other factors, the actual population, as defined, of the city.

This bill would make technical changes to these provisions.

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(12)

end delete

begin insert(14)end insert Under existing law, if an amount due under the Personal Income Tax Law or the Corporation Tax Law, or any amount that the Franchise Tax Board may collect as though it were a tax, is not paid, the board may file in the Office of the County Clerk of Sacramento County, or any other county, a certificate containing specified information about the amount owed and the taxpayer. Existing law requires the county clerk to immediately enter a judgment against the taxpayer in the amount set forth in the certificate.

This bill would instead require the Clerk of the Court to receive the certificate and enter the judgment.

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(13)

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begin insert(15)end insert Existing law appropriates moneys in the Highway Users Tax Account for specified transportation purposes and provides for apportionment by the Controller of certain moneys, including revenues derived from taxes imposed by the Use Fuel Tax Law on the use of fuel, to cities and counties.

This bill would additionally specify that apportionment according to the above-described formula includes revenues derived from taxes imposed on the use of liquefied petroleum and natural gas pursuant to the Use Fuel Tax Law.

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(16) The Property and Business Improvement District Law of 1994 authorizes cities, counties, cities and counties, and certain joint powers authorities to establish, pursuant to specified procedures, a parking and business improvement district to impose benefit assessments or charges on businesses in the district to fund specified improvements and activities. That law defines “activities” to include services provided for the purpose of conferring special benefit upon assessed businesses and real property located in the district.

end insert
begin insert

This bill would instead define “activities” to include services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.

end insert
begin insert

The Property and Business Improvement District Law of 1994 prohibits the use of revenue from the levy of assessments within a district to provide improvements, maintenance, or activities outside the district.

end insert
begin insert

This bill would allow the provision of certain improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses. The bill would limit the improvements and activities to be offered outside the district boundaries to marketing or signage pointing to the district.

end insert
begin insert

This bill would make various technical and conforming changes to the Property and Business Improvement District Law of 1994.

end insert
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(14)

end delete

begin insert(17)end insert The Kern County Water Agency Act creates the Kern County Water Agency, consisting of all the territory lying within the exterior boundaries of the County of Kern, and specifies its powers. The act authorizes the board of directors of the agency to employ the county counsel as the attorney for the agency and the county surveyor to supervise the engineering work of the agency, as prescribed. The act requires all other officers of the county to perform the same duties for the agency as performed for the county.

This bill would repeal these provisions relating to county employees.

The act prohibits, unless previously approved by the county board of supervisors, the levying of a tax or assessment, or the creation of a zone of benefit. The act also prohibits, unless previously approved in the form of a budget by the county board of supervisors, an expenditure of funds.

This bill would repeal these provisions requiring county board of supervisor approval.

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(15)

end delete

begin insert(18)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P8    1

SECTION 1.  

(a) This act shall be known, and may be cited,
2as the Local Government Omnibus Act of 2016.

3(b) The Legislature finds and declares that Californians want
4their governments to be run efficiently and economically and that
5public officials should avoid waste and duplication whenever
6possible. The Legislature further finds and declares that it desires
7to control its own costs by reducing the number of separate bills.
8Therefore, it is the intent of the Legislature in enacting this act to
9combine several minor, noncontroversial statutory changes relating
10to the common theme, purpose, and subject of local government
11into a single measure.

12

SEC. 2.  

Section 8770 of the Business and Professions Code is
13amended to read:

14

8770.  

The record of survey filed with the county recorder of
15any county shall be securely fastened by the county recorder into
16a suitable book provided for that purpose, or stored in any other
17manner that willbegin delete assureend deletebegin insert ensureend insert that the maps will be kept together.

18The county recorder shall keep proper indexes of such record
19of survey by the name of grant, tract,begin delete subdivisionend deletebegin insert subdivision,end insert or
20United States subdivision.

21The original map shall be stored for safekeeping in a reproducible
22condition. It shall be proper procedure for the recorder to maintain
23for public reference a set of counter maps that are prints of the
P9    1original maps, and the original maps to be produced for comparison
2upon demand.

3

SEC. 3.  

Section 6107 of the Government Code is amended to
4read:

5

6107.  

(a) A public entity, including the state, a county, city,
6or other political subdivision, or any officer or employee thereof,
7including notaries public, shall not demand or receive any fee or
8compensation for doing any of the following:

9(1) Recording, indexing, or issuing certified copies of any
10discharge, certificate of service, certificate of satisfactory service,
11notice of separation, or report of separation of any member of the
12Armed Forces of the United States.

13(2) Furnishing a certified copy of, or searching for, any public
14record that is to be used in an application or claim for a pension,
15allotment, allowance, compensation, insurance (including automatic
16insurance), or any other benefits under any act of Congress for
17service in the Armed Forces of the United States or under any law
18of this state relating to veterans’ benefits.

19(3) Furnishing a certified copy of, or searching for, any public
20record that is required by the Veterans Administration to be used
21in determining the eligibility of any person to participate in benefits
22made available by the Veterans Administration.

23(4) Rendering any other service in connection with an
24application or claim referred to in paragraph (2) or (3).

25(b) A certified copy of any record referred to in subdivision (a)
26may be made available only to one of the following:

27(1) The person who is the subject of the record upon presentation
28of proper photo identification.

29(2) A family member or legal representative of the person who
30is the subject of the record upon presentation of proper photo
31identification and certification of their relationship to the subject
32of the record.

33(3) A state, county, or city office that provides veterans’ benefits
34services upon written request of that office.

35(4) A United States official upon written request of that official.
36A public officer or employee is liable on his or her official bond
37for failure or refusal to render the services.

38(c) (1) If the county recorder receives a written, faxed, or
39digitized image of a request for a certified copy of any discharge,
40certificate of service, certificate of satisfactory service, notice of
P10   1separation, or report of separation of any member of the Armed
2Forces of the United States referred to in paragraph (1) of
3subdivision (a) that is accompanied by a notarized statement sworn
4under penalty of perjury, or a faxed copy or digitized image of a
5notarized statement sworn under penalty of perjury, that the
6requester meets one of the descriptions in subdivision (b), the
7county recorder may furnish a certified copy to the requester
8pursuant to this section.

9(2) A faxed or digitized image of the notarized statement
10accompanying a faxed or digitized image of a request received
11pursuant to this subdivision for a certified copy of any discharge,
12certificate of service, certificate of satisfactory service, notice of
13separation, or report of separation of any member of the Armed
14Forces of the United States shall be legible. If the notary’s seal is
15not photographically reproducible, or does not show the name of
16the notary, the county of the notary’s principal place of business,
17the notary’s telephone number, the notary’s registration number,
18and the notary’s commission expiration date typed or printed in a
19manner that is photographically reproducible below, or immediately
20adjacent to, the notary’s signature in the acknowledgment, the
21county recorder shall not provide the certified copy. If a request
22for a certified copy of any discharge, certificate of service,
23certificate of satisfactory service, notice of separation, or report
24of separation of any member of the Armed Forces of the United
25States is made in person, the official shall take a statement sworn
26under penalty of perjury that the requester is signing his or her
27own legal name and is an authorized person pursuant to subdivision
28(b), and that official may then furnish a certified copy to the
29applicant.

30(3) For purposes of this subdivision, “digitized image” of a
31request means an image of an original paper request for a certified
32copy of any discharge, certificate of service, certificate of
33satisfactory service, notice of separation, or report of separation
34of any member of the Armed Forces of the United States.

35

SEC. 4.  

Section 8205 of the Government Code is amended to
36read:

37

8205.  

(a) It is the duty of a notary public, when requested:

38(1) To demand acceptance and payment of foreign and inland
39bills of exchange, or promissory notes, to protest them for
40nonacceptance and nonpayment, and, with regard only to the
P11   1nonacceptance or nonpayment of bills and notes, to exercise any
2other powers and duties that by the law of nations and according
3to commercial usages, or by the laws of any other state,
4government, or country, may be performed by a notary. This
5paragraph applies only to a notary public employed by a financial
6institution, during the course and scope of the notary’s employment
7with the financial institution.

8(2) To take the acknowledgment or proof of advance health care
9 directives, powers of attorney, mortgages, deeds, grants, transfers,
10and other instruments of writing executed by any person, and to
11give a certificate of that proof or acknowledgment, endorsed on
12or attached to the instrument. The certificate shall be signed by
13the notary public in the notary public’s own handwriting. A notary
14public may not accept any acknowledgment or proof of any
15instrument that is incomplete.

16(3) To take depositions and affidavits, and administer oaths and
17affirmations, in all matters incident to the duties of the office, or
18to be used before any court, judge, officer, or board. Any
19deposition, affidavit, oath, or affirmation shall be signed by the
20notary public in the notary public’s own handwriting.

21(4) To certify copies of powers of attorney under Section 4307
22of the Probate Code. The certification shall be signed by the notary
23public in the notary public’s own handwriting.

24(b) It shall further be the duty of a notary public, upon written
25request:

26(1) To furnish to the Secretary of State certified copies of the
27notary’s journal.

28(2) To respond within 30 days of receiving written requests sent
29by certified mail or any other means of physical delivery that
30provides a receipt from the Secretary of State’s office for
31information relating to official acts performed by the notary.

32

SEC. 5.  

Section 8206 of the Government Code is amended to
33read:

34

8206.  

(a) (1) A notary public shall keep one active sequential
35journal at a time, of all official acts performed as a notary public.
36The journal shall be kept in a locked and secured area, under the
37direct and exclusive control of the notary. Failure to secure the
38journal shall be cause for the Secretary of State to take
39administrative action against the commission held by the notary
40public pursuant to Section 8214.1.

P12   1(2) The journal shall be in addition to, and apart from, any copies
2of notarized documents that may be in the possession of the notary
3public and shall include all of the following:

4(A) Date, time, and type of each official act.

5(B) Character of every instrument sworn to, affirmed,
6acknowledged, or proved before the notary.

7(C) The signature of each person whose signature is being
8notarized.

9(D) A statement as to whether the identity of a person making
10an acknowledgment or taking an oath or affirmation was based on
11satisfactory evidence. If identity was established by satisfactory
12evidence pursuant to Section 1185 of the Civil Code, the journal
13shall contain the signature of the credible witness swearing or
14affirming to the identity of the individual or the type of identifying
15document, the governmental agency issuing the document, the
16serial or identifying number of the document, and the date of issue
17or expiration of the document.

18(E) If the identity of the person making the acknowledgment or
19taking the oath or affirmation was established by the oaths or
20affirmations of two credible witnesses whose identities are proven
21to the notary public by presentation of any document satisfying
22the requirements of paragraph (3) or (4) of subdivision (b) of
23Section 1185 of the Civil Code, the notary public shall record in
24the journal the type of documents identifying the witnesses, the
25identifying numbers on the documents identifying the witnesses,
26and the dates of issuance or expiration of the documents identifying
27the witnesses.

28(F) The fee charged for the notarial service.

29(G) If the document to be notarized is a deed, quitclaim deed,
30deed of trust, or other document affecting real property, or a power
31of attorney document, the notary public shall require the party
32signing the document to place his or her right thumbprint in the
33journal. If the right thumbprint is not available, then the notary
34shall have the party use his or her left thumb, or any available
35finger and shall so indicate in the journal. If the party signing the
36document is physically unable to provide a thumbprint or
37fingerprint, the notary shall so indicate in the journal and shall also
38provide an explanation of that physical condition. This paragraph
39shall not apply to a trustee’s deed resulting from a decree of
P13   1foreclosure or a nonjudicial foreclosure pursuant to Section 2924
2of the Civil Code, nor to a deed of reconveyance.

3(b) If a sequential journal of official acts performed by a notary
4public is stolen, lost, misplaced, destroyed, damaged, or otherwise
5rendered unusable as a record of notarial acts and information, the
6notary public shall immediately notify the Secretary of State by
7certified or registered mail or any other means of physical delivery
8that provides a receipt. The notification shall include the period
9of the journal entries, the notary public commission number, and
10the expiration date of the commission, and when applicable, a
11photocopy of any police report that specifies the theft of the
12sequential journal of official acts.

13(c) Upon written request of any member of the public, which
14request shall include the name of the parties, the type of document,
15and the month and year in which notarized, the notary shall supply
16a photostatic copy of the line item representing the requested
17transaction at a cost of not more than thirty cents ($0.30) per page.

18(d) The journal of notarial acts of a notary public is the exclusive
19property of that notary public, and shall not be surrendered to an
20employer upon termination of employment, whether or not the
21employer paid for the journal, or at any other time. The notary
22public shall not surrender the journal to any other person, except
23the county clerk, pursuant to Section 8209, or immediately, or if
24the journal is not present then as soon as possible, upon request to
25a peace officer investigating a criminal offense who has reasonable
26suspicion to believe the journal contains evidence of a criminal
27offense, as defined in Sections 830.1, 830.2, and 830.3 of the Penal
28Code, acting in his or her official capacity and within his or her
29authority. If the peace officer seizes the notary journal, he or she
30must have probable cause as required by the laws of this state and
31the United States. A peace officer or law enforcement agency that
32seizes a notary journal shall notify the Secretary of State by
33facsimile within 24 hours, or as soon as possible thereafter, of the
34name of the notary public whose journal has been seized. The
35notary public shall obtain a receipt for the journal, and shall notify
36the Secretary of State by certified mail any other means of physical
37delivery that provides a receipt within 10 days that the journal was
38relinquished to a peace officer. The notification shall include the
39period of the journal entries, the commission number of the notary
40public, the expiration date of the commission, and a photocopy of
P14   1the receipt. The notary public shall obtain a new sequential journal.
2If the journal relinquished to a peace officer is returned to the
3notary public and a new journal has been obtained, the notary
4public shall make no new entries in the returned journal. A notary
5public who is an employee shall permit inspection and copying of
6journal transactions by a duly designated auditor or agent of the
7notary public’s employer, provided that the inspection and copying
8is done in the presence of the notary public and the transactions
9are directly associated with the business purposes of the employer.
10The notary public, upon the request of the employer, shall regularly
11provide copies of all transactions that are directly associated with
12the business purposes of the employer, but shall not be required
13to provide copies of any transaction that is unrelated to the
14employer’s business. Confidentiality and safekeeping of any copies
15of the journal provided to the employer shall be the responsibility
16of that employer.

17(e) The notary public shall provide the journal for examination
18and copying in the presence of the notary public upon receipt of
19a subpoena duces tecum or a court order, and shall certify those
20copies if requested.

21(f) Any applicable requirements of, or exceptions to, state and
22federal law shall apply to a peace officer engaged in the search or
23seizure of a sequential journal.

24

SEC. 6.  

Section 8213 of the Government Code is amended to
25read:

26

8213.  

(a) No later than 30 days after the beginning of the term
27prescribed in the commission, every person appointed a notary
28public shall file an official bond and an oath of office in the office
29of the county clerk of the county within which the person maintains
30a principal place of business as shown in the application submitted
31to the Secretary of State, and the commission shall not take effect
32unless this is done within the 30-day period. A person appointed
33to be a notary public shall take and subscribe the oath of office
34either in the office of that county clerk or before another notary
35public in that county. If the oath of office is taken and subscribed
36before the county clerk, the person appointed to be a notary public
37shall present an identification document meeting the requirements
38of subparagraph (A) or (B) of paragraph (3), or of subparagraph
39(A) or (E) or paragraph (4), of subdivision (b) of Section 1185 of
40the Civil Code to the county clerk as satisfactory evidence of
P15   1identity. If the oath of office is taken and subscribed before a notary
2public, the oath and bond may be filed with the county clerk by
3certified mail or any other means of physical delivery that provides
4a receipt. Upon the filing of the oath and bond, the county clerk
5shall immediately transmit to the Secretary of State a certificate
6setting forth the fact of the filing and containing a copy of the
7official oath, personally signed by the notary public in the form
8set forth in the commission and shall immediately deliver the bond
9to the county recorder for recording. The county clerk shall retain
10the oath of office for one year following the expiration of the term
11of the commission for which the oath was taken, after which the
12oath may be destroyed or otherwise disposed of. The copy of the
13oath, personally signed by the notary public, on file with the
14Secretary of State may at any time be read in evidence with like
15effect as the original oath, without further proof.

16(b) If a notary public transfers the principal place of business
17from one county to another, the notary public may file a new oath
18of office and bond, or a duplicate of the original bond with the
19county clerk to which the principal place of business was
20transferred. If the notary public elects to make a new filing, the
21notary public shall, within 30 days of the filing, obtain an official
22seal which shall include the name of the county to which the notary
23public has transferred. In a case where the notary public elects to
24make a new filing, the same filing and recording fees are applicable
25as in the case of the original filing and recording of the bond.

26(c) If a notary public submits an application for a name change
27to the Secretary of State, the notary public shall, within 30 days
28from the date an amended commission is issued, file a new oath
29of office and an amendment to the bond with the county clerk in
30which the principal place of business is located. The amended
31commission with the name change shall not take effect unless the
32filing is completed within the 30-day period. The amended
33commission with the name change takes effect the date the oath
34and amendment to the bond is filed with the county clerk. If the
35principal place of business address was changed in the application
36for name change, either a new or duplicate of the original bond
37shall be filed with the county clerk with the amendment to the
38bond. The notary public shall, within 30 days of the filing, obtain
39an official seal that includes the name of the notary public and the
P16   1name of the county to which the notary public has transferred, if
2applicable.

3(d) The recording fee specified in Section 27361 of the
4 Government Code shall be paid by the person appointed a notary
5public. The fee may be paid to the county clerk who shall transmit
6it to the county recorder.

7(e) The county recorder shall record the bond and shall thereafter
8mail, unless specified to the contrary, it to the person named in the
9instrument and, if no person is named, to the party leaving it for
10recording.

11

SEC. 7.  

Section 8213.5 of the Government Code is amended
12to read:

13

8213.5.  

A notary public shall notify the Secretary of State by
14certified mail or any other means of physical delivery that provides
15a receipt within 30 days as to any change in the location or address
16of the principal place of business or residence. A notary public
17shall not use a commercial mail receiving agency or post office
18box as his or her principal place of business or residence, unless
19the notary public also provides the Secretary of State with a
20physical street address as the principal place of residence. Willful
21failure to notify the Secretary of State of a change of address shall
22be punishable as an infraction by a fine of not more than five
23hundred dollars ($500).

24

SEC. 8.  

Section 8311 of the Government Code is amended to
25read:

26

8311.  

Wherever any notice or other communication is required
27by any law to be mailed by registered mail to or by the state, or
28any officer or agency thereof, the mailing of such notice or other
29communication by certified mail or any other means of physical
30delivery that provides a receipt shall be deemed to be a sufficient
31compliance with the requirements of such law.

32begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 15606.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
33to read:end insert

34

15606.1.  

The duties, rules, regulations, and instructions as
35specified in Section 15606 shall include provisions for
36mobilehomesbegin insert and floating homesend insert which are subject to local
37propertybegin delete taxations.end deletebegin insert taxation.end insert

38

begin deleteSEC. 9.end delete
39
begin insertSEC. 10.end insert  

Section 40805 of the Government Code is amended
40to read:

P17   1

40805.  

The report shall be published or posted consistent with
2the timelines established in Section 53891 after the close of the
3fiscal year for which the report is compiled.

4begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 53087.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
5to read:end insert

6

53087.7.  

(a) A city, including a charter city, county, or city
7and county, shall not enact any ordinance or regulation, or enforce
8any existing ordinance or regulation, that prohibits the installation
9of drought tolerant landscaping, synthetic grass, or artificial turf
10on residential property.

11(b) A city, including a charter city, county, or city and county,
12may impose reasonable restrictions on the type of drought tolerant
13landscaping, synthetic grass, or artificial turf that may be installed
14on residential property provided that those restrictions do not do
15any of the following:

16(1) Substantially increase the cost of installing drought tolerant
17landscaping, synthetic grass, or artificial turf.

18(2) Effectively prohibit the installation of drought tolerant
19landscaping, synthetic grass, or artificial turf.

20(3) Significantly impede the installation of drought tolerant
21landscaping, including, but not limited to, a requirement that a
22residential yard must be completely covered with living plant
23material.

begin insert

24
(c) A city, including a charter city, county, or city and county,
25may impose reasonable restrictions on the installation or design
26of synthetic grass or artificial turf within the dripline of a tree
27protected by local ordinance.

end insert
28

begin deleteSEC. 10.end delete
29
begin insertSEC. 12.end insert  

Section 53601 of the Government Code is amended
30to read:

31

53601.  

This section shall apply to a local agency that is a city,
32a district, or other local agency that does not pool money in
33deposits or investments with other local agencies, other than local
34agencies that have the same governing body. However, Section
3553635 shall apply to all local agencies that pool money in deposits
36or investments with other local agencies that have separate
37governing bodies. The legislative body of a local agency having
38moneys in a sinking fund or moneys in its treasury not required
39for the immediate needs of the local agency may invest any portion
40of the moneys that it deems wise or expedient in those investments
P18   1set forth below. A local agency purchasing or obtaining any
2securities prescribed in this section, in a negotiable, bearer,
3registered, or nonregistered format, shall require delivery of the
4securities to the local agency, including those purchased for the
5agency by financial advisers, consultants, or managers using the
6agency’s funds, by book entry, physical delivery, or by third-party
7custodial agreement. The transfer of securities to the counterparty
8bank’s customer book entry account may be used for book entry
9delivery.

10For purposes of this section, “counterparty” means the other
11party to the transaction. A counterparty bank’s trust department
12or separate safekeeping department may be used for the physical
13delivery of the security if the security is held in the name of the
14local agency. Where this section specifies a percentage limitation
15for a particular category of investment, that percentage is applicable
16only at the date of purchase. Where this section does not specify
17a limitation on the term or remaining maturity at the time of the
18investment, no investment shall be made in any security, other
19than a security underlying a repurchase or reverse repurchase
20agreement or securities lending agreement authorized by this
21section, that at the time of the investment has a term remaining to
22maturity in excess of five years, unless the legislative body has
23granted express authority to make that investment either
24specifically or as a part of an investment program approved by the
25legislative body no less than three months prior to the investment:

26(a) Bonds issued by the local agency, including bonds payable
27solely out of the revenues from a revenue-producing property
28owned, controlled, or operated by the local agency or by a
29department, board, agency, or authority of the local agency.

30(b) United States Treasury notes, bonds, bills, or certificates of
31indebtedness, or those for which the faith and credit of the United
32States are pledged for the payment of principal and interest.

33(c) Registered state warrants or treasury notes or bonds of this
34state, including bonds payable solely out of the revenues from a
35revenue-producing property owned, controlled, or operated by the
36state or by a department, board, agency, or authority of the state.

37(d) Registered treasury notes or bonds of any of the other 49
38states in addition to California, including bonds payable solely out
39of the revenues from a revenue-producing property owned,
P19   1controlled, or operated by a state or by a department, board, agency,
2or authority of any of the other 49 states, in addition to California.

3(e) Bonds, notes, warrants, or other evidences of indebtedness
4of a local agency within this state, including bonds payable solely
5out of the revenues from a revenue-producing property owned,
6controlled, or operated by the local agency, or by a department,
7board, agency, or authority of the local agency.

8(f) Federal agency or United States government-sponsored
9enterprise obligations, participations, or other instruments,
10including those issued by or fully guaranteed as to principal and
11interest by federal agencies or United States government-sponsored
12enterprises.

13(g) Bankers’ acceptances otherwise known as bills of exchange
14or time drafts that are drawn on and accepted by a commercial
15bank. Purchases of bankers’ acceptances shall not exceed 180
16days’ maturity or 40 percent of the agency’s moneys that may be
17invested pursuant to this section. However, no more than 30 percent
18of the agency’s moneys may be invested in the bankers’
19acceptances of any one commercial bank pursuant to this section.

20This subdivision does not preclude a municipal utility district
21from investing moneys in its treasury in a manner authorized by
22the Municipal Utility District Act (Division 6 (commencing with
23Section 11501) of the Public Utilities Code).

24(h) Commercial paper of “prime” quality of the highest ranking
25or of the highest letter and number rating as provided for by a
26nationally recognized statistical rating organization (NRSRO).
27The entity that issues the commercial paper shall meet all of the
28following conditions in either paragraph (1) or (2):

29(1) The entity meets the following criteria:

30(A) Is organized and operating in the United States as a general
31corporation.

32(B) Has total assets in excess of five hundred million dollars
33($500,000,000).

34(C) Has debt other than commercial paper, if any, that is rated
35in a rating category of “A” or its equivalent or higher by an
36NRSRO.

37(2) The entity meets the following criteria:

38(A) Is organized within the United States as a special purpose
39corporation, trust, or limited liability company.

P20   1(B) Has programwide credit enhancements including, but not
2limited to, overcollateralization, letters of credit, or a surety bond.

3(C) Has commercial paper that is rated “A-1” or higher, or the
4equivalent, by an NRSRO.

5Eligible commercial paper shall have a maximum maturity of
6270 days or less. Local agencies, other than counties or a city and
7county, may invest no more than 25 percent of their moneys in
8eligible commercial paper. Local agencies, other than counties or
9a city and county, may purchase no more than 10 percent of the
10outstanding commercial paper of any single issuer. Counties or a
11city and county may invest in commercial paper pursuant to the
12concentration limits in subdivision (a) of Section 53635.

13(i) Negotiable certificates of deposit issued by a nationally or
14state-chartered bank, a savings association or a federal association
15(as defined by Section 5102 of the Financial Code), a state or
16federal credit union, or by a federally licensed or state-licensed
17branch of a foreign bank. Purchases of negotiable certificates of
18deposit shall not exceed 30 percent of the agency’s moneys that
19may be invested pursuant to this section. For purposes of this
20section, negotiable certificates of deposit do not come within
21Article 2 (commencing with Section 53630), except that the amount
22so invested shall be subject to the limitations of Section 53638.
23The legislative body of a local agency and the treasurer or other
24official of the local agency having legal custody of the moneys
25are prohibited from investing local agency funds, or funds in the
26custody of the local agency, in negotiable certificates of deposit
27issued by a state or federal credit union if a member of the
28legislative body of the local agency, or a person with investment
29decisionmaking authority in the administrative office manager’s
30office, budget office, auditor-controller’s office, or treasurer’s
31office of the local agency also serves on the board of directors, or
32any committee appointed by the board of directors, or the credit
33committee or the supervisory committee of the state or federal
34credit union issuing the negotiable certificates of deposit.

35(j) (1) Investments in repurchase agreements or reverse
36repurchase agreements or securities lending agreements of
37securities authorized by this section, as long as the agreements are
38subject to this subdivision, including the delivery requirements
39specified in this section.

P21   1(2) Investments in repurchase agreements may be made, on an
2investment authorized in this section, when the term of the
3agreement does not exceed one year. The market value of securities
4that underlie a repurchase agreement shall be valued at 102 percent
5or greater of the funds borrowed against those securities and the
6value shall be adjusted no less than quarterly. Since the market
7value of the underlying securities is subject to daily market
8fluctuations, the investments in repurchase agreements shall be in
9compliance if the value of the underlying securities is brought back
10up to 102 percent no later than the next business day.

11(3) Reverse repurchase agreements or securities lending
12agreements may be utilized only when all of the following
13conditions are met:

14(A) The security to be sold using a reverse repurchase agreement
15or securities lending agreement has been owned and fully paid for
16by the local agency for a minimum of 30 days prior to sale.

17(B) The total of all reverse repurchase agreements and securities
18lending agreements on investments owned by the local agency
19does not exceed 20 percent of the base value of the portfolio.

20(C) The agreement does not exceed a term of 92 days, unless
21the agreement includes a written codicil guaranteeing a minimum
22earning or spread for the entire period between the sale of a security
23using a reverse repurchase agreement or securities lending
24agreement and the final maturity date of the same security.

25(D) Funds obtained or funds within the pool of an equivalent
26amount to that obtained from selling a security to a counterparty
27using a reverse repurchase agreement or securities lending
28agreement shall not be used to purchase another security with a
29maturity longer than 92 days from the initial settlement date of the
30reverse repurchase agreement or securities lending agreement,
31unless the reverse repurchase agreement or securities lending
32agreement includes a written codicil guaranteeing a minimum
33earning or spread for the entire period between the sale of a security
34using a reverse repurchase agreement or securities lending
35agreement and the final maturity date of the same security.

36(4) (A) Investments in reverse repurchase agreements, securities
37lending agreements, or similar investments in which the local
38agency sells securities prior to purchase with a simultaneous
39agreement to repurchase the security may be made only upon prior
40approval of the governing body of the local agency and shall be
P22   1made only with primary dealers of the Federal Reserve Bank of
2New York or with a nationally or state-chartered bank that has or
3has had a significant banking relationship with a local agency.

4(B) For purposes of this chapter, “significant banking
5relationship” means any of the following activities of a bank:

6(i) Involvement in the creation, sale, purchase, or retirement of
7a local agency’s bonds, warrants, notes, or other evidence of
8indebtedness.

9(ii) Financing of a local agency’s activities.

10(iii) Acceptance of a local agency’s securities or funds as
11deposits.

12(5) (A) “Repurchase agreement” means a purchase of securities
13by the local agency pursuant to an agreement by which the
14counterparty seller will repurchase the securities on or before a
15specified date and for a specified amount and the counterparty will
16deliver the underlying securities to the local agency by book entry,
17physical delivery, or by third-party custodial agreement. The
18transfer of underlying securities to the counterparty bank’s
19customer book-entry account may be used for book-entry delivery.

20(B) “Securities,” for purposes of repurchase under this
21subdivision, means securities of the same issuer, description, issue
22date, and maturity.

23(C) “Reverse repurchase agreement” means a sale of securities
24by the local agency pursuant to an agreement by which the local
25agency will repurchase the securities on or before a specified date
26and includes other comparable agreements.

27(D) “Securities lending agreement” means an agreement under
28which a local agency agrees to transfer securities to a borrower
29who, in turn, agrees to provide collateral to the local agency.
30During the term of the agreement, both the securities and the
31collateral are held by a third party. At the conclusion of the
32agreement, the securities are transferred back to the local agency
33in return for the collateral.

34(E) For purposes of this section, the base value of the local
35agency’s pool portfolio shall be that dollar amount obtained by
36totaling all cash balances placed in the pool by all pool participants,
37excluding any amounts obtained through selling securities by way
38of reverse repurchase agreements, securities lending agreements,
39or other similar borrowing methods.

P23   1(F) For purposes of this section, the spread is the difference
2between the cost of funds obtained using the reverse repurchase
3agreement and the earnings obtained on the reinvestment of the
4funds.

5(k) Medium-term notes, defined as all corporate and depository
6institution debt securities with a maximum remaining maturity of
7five years or less, issued by corporations organized and operating
8within the United States or by depository institutions licensed by
9the United States or any state and operating within the United
10States. Notes eligible for investment under this subdivision shall
11be rated in a rating category of “A” or its equivalent or better by
12an NRSRO. Purchases of medium-term notes shall not include
13other instruments authorized by this section and shall not exceed
1430 percent of the agency’s moneys that may be invested pursuant
15to this section.

16(l) (1) Shares of beneficial interest issued by diversified
17management companies that invest in the securities and obligations
18as authorized by subdivisions (a) to (k), inclusive, and subdivisions
19(m) to (q), inclusive, and that comply with the investment
20 restrictions of this article and Article 2 (commencing with Section
2153630). However, notwithstanding these restrictions, a counterparty
22to a reverse repurchase agreement or securities lending agreement
23is not required to be a primary dealer of the Federal Reserve Bank
24of New York if the company’s board of directors finds that the
25counterparty presents a minimal risk of default, and the value of
26the securities underlying a repurchase agreement or securities
27lending agreement may be 100 percent of the sales price if the
28securities are marked to market daily.

29(2) Shares of beneficial interest issued by diversified
30management companies that are money market funds registered
31with the Securities and Exchange Commission under the
32Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.).

33(3) If investment is in shares issued pursuant to paragraph (1),
34the company shall have met either of the following criteria:

35(A) Attained the highest ranking or the highest letter and
36numerical rating provided by not less than two NRSROs.

37(B) Retained an investment adviser registered or exempt from
38registration with the Securities and Exchange Commission with
39not less than five years’ experience investing in the securities and
40obligations authorized by subdivisions (a) to (k), inclusive, and
P24   1subdivisions (m) to (q), inclusive, and with assets under
2management in excess of five hundred million dollars
3($500,000,000).

4(4) If investment is in shares issued pursuant to paragraph (2),
5the company shall have met either of the following criteria:

6(A) Attained the highest ranking or the highest letter and
7numerical rating provided by not less than two NRSROs.

8(B) Retained an investment adviser registered or exempt from
9registration with the Securities and Exchange Commission with
10not less than five years’ experience managing money market
11mutual funds with assets under management in excess of five
12hundred million dollars ($500,000,000).

13(5) The purchase price of shares of beneficial interest purchased
14pursuant to this subdivision shall not include commission that the
15companies may charge and shall not exceed 20 percent of the
16agency’s moneys that may be invested pursuant to this section.
17However, no more than 10 percent of the agency’s funds may be
18invested in shares of beneficial interest of any one mutual fund
19pursuant to paragraph (1).

20(m) Moneys held by a trustee or fiscal agent and pledged to the
21payment or security of bonds or other indebtedness, or obligations
22under a lease, installment sale, or other agreement of a local
23agency, or certificates of participation in those bonds, indebtedness,
24or lease installment sale, or other agreements, may be invested in
25accordance with the statutory provisions governing the issuance
26of those bonds, indebtedness, or lease installment sale, or other
27agreement, or to the extent not inconsistent therewith or if there
28are no specific statutory provisions, in accordance with the
29ordinance, resolution, indenture, or agreement of the local agency
30providing for the issuance.

31(n) Notes, bonds, or other obligations that are at all times secured
32by a valid first priority security interest in securities of the types
33listed by Section 53651 as eligible securities for the purpose of
34securing local agency deposits having a market value at least equal
35to that required by Section 53652 for the purpose of securing local
36agency deposits. The securities serving as collateral shall be placed
37by delivery or book entry into the custody of a trust company or
38the trust department of a bank that is not affiliated with the issuer
39of the secured obligation, and the security interest shall be perfected
40in accordance with the requirements of the Uniform Commercial
P25   1Code or federal regulations applicable to the types of securities in
2which the security interest is granted.

3(o) A mortgage passthrough security, collateralized mortgage
4obligation, mortgage-backed or other pay-through bond, equipment
5lease-backed certificate, consumer receivable passthrough
6certificate, or consumer receivable-backed bond of a maximum of
7five years’ maturity. Securities eligible for investment under this
8subdivision shall be issued by an issuer rated in a rating category
9of “A” or its equivalent or better for the issuer’s debt as provided
10by an NRSRO and rated in a rating category of “AA” or its
11equivalent or better by an NRSRO. Purchase of securities
12authorized by this subdivision shall not exceed 20 percent of the
13agency’s surplus moneys that may be invested pursuant to this
14section.

15(p) Shares of beneficial interest issued by a joint powers
16authority organized pursuant to Section 6509.7 that invests in the
17securities and obligations authorized in subdivisions (a) to (q),
18inclusive. Each share shall represent an equal proportional interest
19in the underlying pool of securities owned by the joint powers
20authority. To be eligible under this section, the joint powers
21authority issuing the shares shall have retained an investment
22adviser that meets all of the following criteria:

23(1) The adviser is registered or exempt from registration with
24the Securities and Exchange Commission.

25(2) The adviser has not less than five years of experience
26investing in the securities and obligations authorized in
27subdivisions (a) to (q), inclusive.

28(3) The adviser has assets under management in excess of five
29hundred million dollars ($500,000,000).

30(q) United States dollar denominated senior unsecured
31unsubordinated obligations issued or unconditionally guaranteed
32by the International Bank for Reconstruction and Development,
33International Finance Corporation, or Inter-American Development
34Bank, with a maximum remaining maturity of five years or less,
35and eligible for purchase and sale within the United States.
36Investments under this subdivision shall be rated in a rating
37category of “AA” or its equivalent or better by an NRSRO and
38shall not exceed 30 percent of the agency’s moneys that may be
39invested pursuant to this section.

P26   1

begin deleteSEC. 11.end delete
2
begin insertSEC. 13.end insert  

Section 65091 of the Government Code is amended
3to read:

4

65091.  

(a) When a provision of this title requires notice of a
5public hearing to be given pursuant to this section, notice shall be
6given in all of the following ways:

7(1) Notice of the hearing shall be mailed or delivered at least
810 days prior to the hearing to the owner of the subject real
9property as shown on the latest equalized assessment roll. Instead
10of using the assessment roll, the local agency may use records of
11the county assessor or tax collector if those records contain more
12recent information than the information contained on the
13assessment roll. Notice shall also be mailed to the owner’s duly
14authorized agent, if any, and to the project applicant.

15(2) When the Subdivision Map Actbegin delete (Div.end deletebegin insert Divisionend insert 2
16(commencing with Sectionbegin delete 66410))end deletebegin insert 66410) of Title 7end insert requires
17notice of a public hearing to be given pursuant to this section,
18notice shall also be given to any owner of a mineral right pertaining
19to the subject real property who has recorded a notice of intent to
20preserve the mineral right pursuant to Section 883.230 of the Civil
21Code.

22(3) Notice of the hearing shall be mailed or delivered at least
2310 days prior to the hearing to each local agency expected to
24provide water, sewage, streets, roads, schools, or other essential
25facilities or services to the project, whose ability to provide those
26facilities and services may be significantly affected.

27(4) Notice of the hearing shall be mailed or delivered at least
2810 days prior to the hearing to all owners of real property as shown
29on the latest equalized assessment roll within 300 feet of the real
30property that is the subject of the hearing. In lieu of using the
31assessment roll, the local agency may use records of the county
32assessor or tax collector which contain more recent information
33than the assessment roll. If the number of owners to whom notice
34would be mailed or delivered pursuant to this paragraph or
35paragraph (1) is greater than 1,000, a local agency, in lieu of mailed
36or delivered notice, may provide notice by placing a display
37advertisement of at least one-eighth page in at least one newspaper
38of general circulation within the local agency in which the
39proceeding is conducted at least 10 days prior to the hearing.

P27   1(5) If the notice is mailed or delivered pursuant to paragraph
2(4), the notice shall also either be:

3(A) Published pursuant to Section 6061 in at least one newspaper
4of general circulation within the local agency which is conducting
5the proceeding at least 10 days prior to the hearing.

6(B) Posted at least 10 days prior to the hearing in at least three
7public places within the boundaries of the local agency, including
8one public place in the area directly affected by the proceeding.

9(b) The notice shall include the information specified in Section
1065094.

11(c) In addition to the notice required by this section, a local
12agency may give notice of the hearing in any other manner it deems
13necessary or desirable.

14(d) Whenever a hearing is held regarding a permit for a
15drive-through facility, or modification of an existing drive-through
16facility permit, the local agency shall incorporate, where necessary,
17notice procedures to the blind, aged, and disabled communities in
18order to facilitate their participation in any hearing on, or appeal
19of the denial of, a drive-through facility permit. The Legislature
20finds that access restrictions to commercial establishments affecting
21the blind, aged, or disabled, is a critical statewide problem;
22therefore, this subdivision shall be applicable to charter cities.

23

begin deleteSEC. 12.end delete
24
begin insertSEC. 14.end insert  

Section 65302 of the Government Code, as amended
25by Section 1 of Chapter 608 of the Statutes of 2015, is amended
26to read:

27

65302.  

The general plan shall consist of a statement of
28development policies and shall include a diagram or diagrams and
29text setting forth objectives, principles, standards, and plan
30proposals. The plan shall include the following elements:

31(a) A land use element that designates the proposed general
32distribution and general location and extent of the uses of the land
33for housing, business, industry, open space, including agriculture,
34natural resources, recreation, and enjoyment of scenic beauty,
35education, public buildings and grounds, solid and liquid waste
36disposal facilities, and other categories of public and private uses
37of land. The location and designation of the extent of the uses of
38the land for public and private uses shall consider the identification
39of land and natural resources pursuant to paragraph (3) of
40subdivision (d). The land use element shall include a statement of
P28   1the standards of population density and building intensity
2recommended for the various districts and other territory covered
3by the plan. The land use element shall identify and annually
4review those areas covered by the plan that are subject to flooding
5identified by flood plain mapping prepared by the Federal
6Emergency Management Agency (FEMA) or the Department of
7Water Resources. The land use element shall also do both of the
8following:

9(1) Designate in a land use category that provides for timber
10production those parcels of real property zoned for timberland
11production pursuant to the California Timberland Productivity Act
12of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
13of Division 1 of Title 5).

14(2) Consider the impact of new growth on military readiness
15activities carried out on military bases, installations, and operating
16and training areas, when proposing zoning ordinances or
17designating land uses covered by the general plan for land, or other
18territory adjacent to military facilities, or underlying designated
19military aviation routes and airspace.

20(A) In determining the impact of new growth on military
21readiness activities, information provided by military facilities
22shall be considered. Cities and counties shall address military
23impacts based on information from the military and other sources.

24(B) The following definitions govern this paragraph:

25(i) “Military readiness activities” mean all of the following:

26(I) Training, support, and operations that prepare the men and
27women of the military for combat.

28(II) Operation, maintenance, and security of any military
29installation.

30(III) Testing of military equipment, vehicles, weapons, and
31sensors for proper operation or suitability for combat use.

32(ii) “Military installation” means a base, camp, post, station,
33yard, center, homeport facility for any ship, or other activity under
34the jurisdiction of the United States Department of Defense as
35defined in paragraph (1) of subsection (g) of Section 2687 of Title
3610 of the United States Code.

37(b) (1) A circulation element consisting of the general location
38and extent of existing and proposed major thoroughfares,
39transportation routes, terminals, any military airports and ports,
P29   1and other local public utilities and facilities, all correlated with the
2land use element of the plan.

3(2) (A) Commencing January 1, 2011, upon any substantive
4revision of the circulation element, the legislative body shall
5modify the circulation element to plan for a balanced, multimodal
6transportation network that meets the needs of all users of streets,
7roads, and highways for safe and convenient travel in a manner
8that is suitable to the rural, suburban, or urban context of the
9general plan.

10(B) For purposes of this paragraph, “users of streets, roads, and
11highways” mean bicyclists, children, persons with disabilities,
12motorists, movers of commercial goods, pedestrians, users of public
13transportation, and seniors.

14(c) A housing element as provided in Article 10.6 (commencing
15with Section 65580).

16(d) (1) A conservation element for the conservation,
17development, and utilization of natural resources including water
18and its hydraulic force, forests, soils, rivers and other waters,
19harbors, fisheries, wildlife, minerals, and other natural resources.
20The conservation element shall consider the effect of development
21within the jurisdiction, as described in the land use element, on
22natural resources located on public lands, including military
23installations. That portion of the conservation element including
24waters shall be developed in coordination with any countywide
25water agency and with all district and city agencies, including
26flood management, water conservation, or groundwater agencies
27that have developed, served, controlled, managed, or conserved
28water of any type for any purpose in the county or city for which
29the plan is prepared. Coordination shall include the discussion and
30evaluation of any water supply and demand information described
31in Section 65352.5, if that information has been submitted by the
32water agency to the city or county.

33(2) The conservation element may also cover all of the
34following:

35(A) The reclamation of land and waters.

36(B) Prevention and control of the pollution of streams and other
37waters.

38(C) Regulation of the use of land in stream channels and other
39areas required for the accomplishment of the conservation plan.

P30   1(D) Prevention, control, and correction of the erosion of soils,
2beaches, and shores.

3(E) Protection of watersheds.

4(F) The location, quantity and quality of the rock, sand, and
5 gravel resources.

6(3) Upon the next revision of the housing element on or after
7January 1, 2009, the conservation element shall identify rivers,
8creeks, streams, flood corridors, riparian habitats, and land that
9may accommodate floodwater for purposes of groundwater
10recharge and stormwater management.

11(e) An open-space element as provided in Article 10.5
12(commencing with Section 65560).

13(f) (1) A noise element that shall identify and appraise noise
14problems in the community. The noise element shall analyze and
15quantify, to the extent practicable, as determined by the legislative
16body, current and projected noise levels for all of the following
17sources:

18(A) Highways and freeways.

19(B) Primary arterials and major local streets.

20(C) Passenger and freight online railroad operations and ground
21rapid transit systems.

22(D) Commercial, general aviation, heliport, helistop, and military
23airport operations, aircraft overflights, jet engine test stands, and
24all other ground facilities and maintenance functions related to
25airport operation.

26(E) Local industrial plants, including, but not limited to, railroad
27classification yards.

28(F) Other ground stationary noise sources, including, but not
29limited to, military installations, identified by local agencies as
30contributing to the community noise environment.

31(2) Noise contours shall be shown for all of these sources and
32stated in terms of community noise equivalent level (CNEL) or
33day-night average sound level (Ldn). The noise contours shall be
34prepared on the basis of noise monitoring or following generally
35accepted noise modeling techniques for the various sources
36identified in paragraphs (1) to (6), inclusive.

37(3) The noise contours shall be used as a guide for establishing
38a pattern of land uses in the land use element that minimizes the
39exposure of community residents to excessive noise.

P31   1(4) The noise element shall include implementation measures
2and possible solutions that address existing and foreseeable noise
3problems, if any. The adopted noise element shall serve as a
4guideline for compliance with the state’s noise insulation standards.

5(g) (1) A safety element for the protection of the community
6from any unreasonable risks associated with the effects of
7seismically induced surface rupture, ground shaking, ground
8failure, tsunami, seiche, and dam failure; slope instability leading
9to mudslides and landslides; subsidence; liquefaction; and other
10seismic hazards identified pursuant to Chapter 7.8 (commencing
11with Section 2690) of Division 2 of the Public Resources Code,
12and other geologic hazards known to the legislative body; flooding;
13and wildland and urban fires. The safety element shall include
14mapping of known seismic and other geologic hazards. It shall
15also address evacuation routes, military installations, peakload
16water supply requirements, and minimum road widths and
17clearances around structures, as those items relate to identified fire
18and geologic hazards.

19(2) The safety element, upon the next revision of the housing
20element on or after January 1, 2009, shall also do the following:

21(A) Identify information regarding flood hazards, including,
22but not limited to, the following:

23(i) Flood hazard zones. As used in this subdivision, “flood
24hazard zone” means an area subject to flooding that is delineated
25as either a special hazard area or an area of moderate or minimal
26hazard on an official flood insurance rate map issued by the Federal
27Emergency Management Agency (FEMA). The identification of
28a flood hazard zone does not imply that areas outside the flood
29hazard zones or uses permitted within flood hazard zones will be
30free from flooding or flood damage.

31(ii) National Flood Insurance Program maps published by
32FEMA.

33(iii) Information about flood hazards that is available from the
34United States Army Corps of Engineers.

35(iv) Designated floodway maps that are available from the
36Central Valley Flood Protection Board.

37(v) Dam failure inundation maps prepared pursuant to Section
388589.5 that are available from the Office of Emergency Services.

P32   1(vi) Awareness Floodplain Mapping Program maps and 200-year
2flood plain maps that are or may be available from, or accepted
3by, the Department of Water Resources.

4(vii) Maps of levee protection zones.

5(viii) Areas subject to inundation in the event of the failure of
6project or nonproject levees or floodwalls.

7(ix) Historical data on flooding, including locally prepared maps
8of areas that are subject to flooding, areas that are vulnerable to
9flooding after wildfires, and sites that have been repeatedly
10damaged by flooding.

11(x) Existing and planned development in flood hazard zones,
12including structures, roads, utilities, and essential public facilities.

13(xi) Local, state, and federal agencies with responsibility for
14flood protection, including special districts and local offices of
15emergency services.

16(B) Establish a set of comprehensive goals, policies, and
17objectives based on the information identified pursuant to
18subparagraph (A), for the protection of the community from the
19unreasonable risks of flooding, including, but not limited to:

20(i) Avoiding or minimizing the risks of flooding to new
21development.

22(ii) Evaluating whether new development should be located in
23flood hazard zones, and identifying construction methods or other
24methods to minimize damage if new development is located in
25flood hazard zones.

26(iii) Maintaining the structural and operational integrity of
27essential public facilities during flooding.

28(iv) Locating, when feasible, new essential public facilities
29outside of flood hazard zones, including hospitals and health care
30facilities, emergency shelters, fire stations, emergency command
31centers, and emergency communications facilities or identifying
32construction methods or other methods to minimize damage if
33these facilities are located in flood hazard zones.

34(v) Establishing cooperative working relationships among public
35agencies with responsibility for flood protection.

36(C) Establish a set of feasible implementation measures designed
37to carry out the goals, policies, and objectives established pursuant
38to subparagraph (B).

39(3) Upon the next revision of the housing element on or after
40January 1, 2014, the safety element shall be reviewed and updated
P33   1as necessary to address the risk of fire for land classified as state
2responsibility areas, as defined in Section 4102 of the Public
3Resources Code, and land classified as very high fire hazard
4severity zones, as defined in Section 51177. This review shall
5consider the advice included in the Office of Planning and
6Research’s most recent publication of “Fire Hazard Planning,
7General Plan Technical Advice Series” and shall also include all
8of the following:

9(A) Information regarding fire hazards, including, but not limited
10to, all of the following:

11(i) Fire hazard severity zone maps available from the Department
12of Forestry and Fire Protection.

13(ii) Any historical data on wildfires available from local agencies
14or a reference to where the data can be found.

15(iii) Information about wildfire hazard areas that may be
16available from the United States Geological Survey.

17(iv) General location and distribution of existing and planned
18uses of land in very high fire hazard severity zones and in state
19responsibility areas, including structures, roads, utilities, and
20essential public facilities. The location and distribution of planned
21uses of land shall not require defensible space compliance measures
22required by state law or local ordinance to occur on publicly owned
23lands or open space designations of homeowner associations.

24(v) Local, state, and federal agencies with responsibility for fire
25protection, including special districts and local offices of
26emergency services.

27(B) A set of goals, policies, and objectives based on the
28information identified pursuant to subparagraph (A) for the
29protection of the community from the unreasonable risk of wildfire.

30(C) A set of feasible implementation measures designed to carry
31out the goals, policies, and objectives based on the information
32identified pursuant to subparagraph (B) including, but not limited
33to, all of the following:

34(i) Avoiding or minimizing the wildfire hazards associated with
35new uses of land.

36(ii) Locating, when feasible, new essential public facilities
37outside of high fire risk areas, including, but not limited to,
38hospitals and health care facilities, emergency shelters, emergency
39command centers, and emergency communications facilities, or
40identifying construction methods or other methods to minimize
P34   1damage if these facilities are located in a state responsibility area
2or very high fire hazard severity zone.

3(iii) Designing adequate infrastructure if a new development is
4located in a state responsibility area or in a very high fire hazard
5severity zone, including safe access for emergency response
6vehicles, visible street signs, and water supplies for structural fire
7suppression.

8(iv) Working cooperatively with public agencies with
9responsibility for fire protection.

10(D) If a city or county has adopted a fire safety plan or document
11separate from the general plan, an attachment of, or reference to,
12a city or county’s adopted fire safety plan or document that fulfills
13commensurate goals and objectives and contains information
14required pursuant to this paragraph.

15(4) Upon the next revision of a local hazard mitigation plan,
16adopted in accordance with the federal Disaster Mitigation Act of
172000 (Public Law 106-390), on or after January 1, 2017, or, if a
18local jurisdiction has not adopted a local hazard mitigation plan,
19beginning on or before January 1, 2022, the safety element shall
20be reviewed and updated as necessary to address climate adaptation
21and resiliency strategies applicable to the city or county. This
22review shall consider advice provided in the Office of Planning
23and Research’s General Plan Guidelines and shall include all of
24the following:

25(A) (i) A vulnerability assessment that identifies the risks that
26climate change poses to the local jurisdiction and the geographic
27areas at risk from climate change impacts, including, but not limited
28to, an assessment of how climate change may affect the risks
29addressed pursuant to paragraphs (2) and (3).

30(ii) Information that may be available from federal, state,
31regional, and local agencies that will assist in developing the
32vulnerability assessment and the adaptation policies and strategies
33required pursuant to subparagraph (B), including, but not limited
34to, all of the following:

35(I) Information from the Internet-based Cal-Adapt tool.

36(II) Information from the most recent version of the California
37Adaptation Planning Guide.

38(III) Information from local agencies on the types of assets,
39resources, and populations that will be sensitive to various climate
40change exposures.

P35   1(IV) Information from local agencies on their current ability to
2deal with the impacts of climate change.

3(V) Historical data on natural events and hazards, including
4locally prepared maps of areas subject to previous risk, areas that
5are vulnerable, and sites that have been repeatedly damaged.

6(VI) Existing and planned development in identified at-risk
7areas, including structures, roads, utilities, and essential public
8facilities.

9(VII) Federal, state, regional, and local agencies with
10responsibility for the protection of public health and safety and
11the environment, including special districts and local offices of
12emergency services.

13(B) A set of adaptation and resilience goals, policies, and
14objectives based on the information specified in subparagraph (A)
15for the protection of the community.

16(C) A set of feasible implementation measures designed to carry
17out the goals, policies, and objectives identified pursuant to
18subparagraph (B) including, but not limited to, all of the following:

19(i) Feasible methods to avoid or minimize climate change
20impacts associated with new uses of land.

21(ii) The location, when feasible, of new essential public facilities
22outside of at-risk areas, including, but not limited to, hospitals and
23health care facilities, emergency shelters, emergency command
24centers, and emergency communications facilities, or identifying
25construction methods or other methods to minimize damage if
26these facilities are located in at-risk areas.

27(iii) The designation of adequate and feasible infrastructure
28located in an at-risk area.

29(iv) Guidelines for working cooperatively with relevant local,
30regional, state, and federal agencies.

31(v) The identification of natural infrastructure that may be used
32in adaptation projects, where feasible. Where feasible, the plan
33shall use existing natural features and ecosystem processes, or the
34restoration of natural features and ecosystem processes, when
35developing alternatives for consideration. For the purposes of this
36clause, “natural infrastructure” means the preservation or
37restoration of ecological systems, or utilization of engineered
38systems that use ecological processes, to increase resiliency to
39climate change, manage other environmental hazards, or both.
40This may include, but is not limited to, floodplain and wetlands
P36   1restoration or preservation, combining levees with restored natural
2systems to reduce flood risk, and urban tree planting to mitigate
3high heat days.

4(D) (i) If a city or county has adopted the local hazard
5mitigation plan, or other climate adaptation plan or document that
6fulfills commensurate goals and objectives and contains the
7information required pursuant to this paragraph, separate from the
8general plan, an attachment of, or reference to, the local hazard
9mitigation plan or other climate adaptation plan or document.

10(ii) Cities or counties that have an adopted hazard mitigation
11plan, or other climate adaptation plan or document that substantially
12 complies with this section, or have substantially equivalent
13provisions to this subdivision in their general plans, may use that
14information in the safety element to comply with this subdivision,
15and shall summarize and incorporate by reference into the safety
16element the other general plan provisions, climate adaptation plan
17or document, specifically showing how each requirement of this
18subdivision has been met.

19(5) After the initial revision of the safety element pursuant to
20paragraphs (2) and (3), upon each revision of the housing element,
21the planning agency shall review and, if necessary, revise the safety
22element to identify new information that was not available during
23the previous revision of the safety element.

24(6) Cities and counties that have flood plain management
25ordinances that have been approved by FEMA that substantially
26comply with this section, or have substantially equivalent
27provisions to this subdivision in their general plans, may use that
28information in the safety element to comply with this subdivision,
29and shall summarize and incorporate by reference into the safety
30element the other general plan provisions or the flood plain
31ordinance, specifically showing how each requirement of this
32subdivision has been met.

33(7) Prior to the periodic review of its general plan and prior to
34preparing or revising its safety element, each city and county shall
35consult the California Geological Survey of the Department of
36Conservation, the Central Valley Flood Protection Board, if the
37city or county is located within the boundaries of the Sacramento
38and San Joaquin Drainage District, as set forth in Section 8501 of
39the Water Code, and the Office of Emergency Services for the
P37   1purpose of including information known by and available to the
2department, the agency, and the board required by this subdivision.

3(8) To the extent that a county’s safety element is sufficiently
4detailed and contains appropriate policies and programs for
5adoption by a city, a city may adopt that portion of the county’s
6safety element that pertains to the city’s planning area in
7satisfaction of the requirement imposed by this subdivision.

8

begin deleteSEC. 13.end delete
9
begin insertSEC. 15.end insert  

Section 67661 of the Government Code is amended
10to read:

11

67661.  

The following may serve as ex officio nonvoting
12members of the board:

13(a) A representative appointed by the Monterey Peninsula
14Community College District.

15(b) A representative appointed by the Monterey Peninsula
16Unified School District.

17(c) A representative designated by the Member of Congress that
18has the majority portion of Ford Ord in his or her Congressional
19District.

20(d) A representative designated by the Senator that has the
21majority portion of Ford Ord in his or her Senate District.

22(e) A representative designated by the Assembly Member that
23has the majority portion of Ford Ord in his or her Assembly
24District.

25(f) A representative designated by the United States Army.

26(g) A representative designated by the Chancellor of the
27California State University.

28(h) A representative designated by the President of the
29University of California.

30(i) A representative designated by the Monterey County Water
31Resources Agency.

32(j) A representative designated by the Transportation Agency
33of Monterey County.

34

begin deleteSEC. 14.end delete
35
begin insertSEC. 16.end insert  

Section 5471 of the Health and Safety Code is
36amended to read:

37

5471.  

(a) In addition to the powers granted in the principal
38act, any entity shall have power, by an ordinance or resolution
39approved by a two-thirds vote of the members of the legislative
40body thereof, to prescribe, revise and collect, fees, tolls, rates,
P38   1rentals, or other charges for services and facilities furnished by it,
2either within or without its territorial limits, in connection with its
3water, sanitation, storm drainage, or sewerage system.

4(b) In addition to the powers granted in the principal act, any
5entity shall have power, pursuant to the notice, protest, and hearing
6procedures in Section 53753 of the Government Code, to prescribe,
7revise, and collect water, sewer, or water and sewer standby or
8immediate availability charges for services and facilities furnished
9by it, either within or without its territorial limits, in connection
10with its water, sanitation, storm drainage, or sewerage system.

11(c) The entity may provide that the charge for the service shall
12be collected with the rates, tolls, and charges for any other utility,
13and that any or all of these charges may be billed upon the same
14bill. Where the charge is to be collected with the charges for any
15other utility service furnished by a department or agency of the
16entity and over which its legislative body does not exercise control,
17the consent of the department or agency shall be obtained prior to
18collecting water, sanitation, storm drainage, or sewerage charges
19with the charges for any other utility. Revenues derived under the
20provisions in this section, shall be used only for the acquisition,
21construction, reconstruction, maintenance, and operation of water
22systems and sanitation, storm drainage, or sewerage facilities, to
23repay principal and interest on bonds issued for the construction
24or reconstruction of these water systems and sanitary, storm
25drainage, or sewerage facilities and to repay federal or state loans
26or advances made to the entity for the construction or
27reconstruction of water systems and sanitary, storm drainage, or
28sewerage facilities. However, the revenue shall not be used for the
29acquisition or construction of new local street sewers or laterals
30as distinguished from main trunk,begin delete interceptorend deletebegin insert interceptor,end insert and
31outfall sewers.

32(d) If the procedures set forth in this section as it read at the
33time a standby charge was established were followed, the entity
34may, by ordinance or resolution adopted by a two-thirds vote of
35the members of the legislative body thereof, continue the charge
36pursuant to this section in successive years at the same rate. If new,
37increased, or extended assessments are proposed, the entity shall
38comply with the notice, protest, and hearing procedures in Section
3953753 of the Government Code.

P39   1

begin deleteSEC. 15.end delete
2
begin insertSEC. 17.end insert  

Section 5473 of the Health and Safety Code is
3amended to read:

4

5473.  

Any entity which has adopted an ordinance or resolution
5pursuant to this article or an order pursuant to Section 6520.5 may,
6by such ordinance or resolution or by separate ordinances or
7resolutions approved by a two-thirds vote of the members of the
8legislative body thereof, elect to have such charges collected on
9the tax roll in the same manner, by the same persons, and at the
10same time as, together with and not separately from, its general
11taxes. In such event, it shall cause a written report to be prepared
12each year and filed with the clerk, which shall contain a description
13of each parcel of real property receiving such services and facilities
14and the amount of the charge for each parcel for the year, computed
15in conformity with the charges prescribed by the ordinance or
16resolution.

17Any ordinance or resolution adopted pursuant to this section
18authorizing the collection of charges on the tax roll shall remain
19in effect for the time specified in the ordinance or resolution or, if
20no time is specified in the ordinance or resolution, until repealed
21or until a change is made in the rates charged by the entity.

22The powers authorized by this section shall be alternative to all
23other powers of any entity, and alternative to other procedures
24adopted by the legislative body thereof for the collection of such
25charges.

26The real property may be described by reference to maps
27prepared in accordance with Sectionbegin delete 327,end deletebegin insert 327 of theend insert Revenue and
28Taxation Code, and on file in the office of the county assessor or
29by reference to plats or maps on file in the office of the clerk.

30

begin deleteSEC. 16.end delete
31
begin insertSEC. 18.end insert  

Section 5474 of the Health and Safety Code is
32amended to read:

33

5474.  

An entity shall have the power by ordinance or resolution
34approved by two-thirds vote of the members of the legislative body
35thereof to fix fees or charges for the privilege of connecting to its
36sanitation or sewerage facilities and improvements constructed by
37the entity pursuant to Sections 5463 and 5464, to fix the time or
38times at which the fees or charges shall become due, to provide
39for the payment of the fees or charges prior to connection or in
40installments over a period of not to exceed 30 years, to provide
P40   1the rate of interest, not to exceed 12 percent per annum, to be
2charged on the unpaid balance of the fees or charges, and to provide
3that the amount of the fees or charges and the interest thereon shall
4constitute a lien against the respective lots or parcels of land to
5which the facilities are connected at the time and in the manner
6specified in Sections 5473.5 and 5473.8. Prior to making the fees
7or charges a lien against the land, the legislative body shall give
8notice to the owners of the lots or parcels of land affected, and the
9notice shall set forth all of the following:

10(a) The schedule of fees or charges to be imposed by the entity.

11(b) A description of the property subject to the fees or charges,
12which description may be by reference to a plat or diagram on file
13in the office of the clerk of the legislative body, or to maps prepared
14in accordance with Section 327 of the Revenue and Taxation Code,
15and on file in the office of the county assessor.

16(c) The time or times at which the fees or charges shall become
17due.

18(d) The number of installments in which the fees or charges
19shall be payable.

20(e) The rate of interest, not to exceed 12 percent per annum, to
21be charged on the unpaid balance of the fees or charges.

22(f) That it is proposed that the fees or charges and interest
23thereon shall constitute a lien against the lots or parcels of land to
24which the facilities are furnished.

25(g) The time and place at which the legislative body will hold
26a hearing at which persons may appear and present any and all
27objections they may have to the imposition of the fees or charges
28as a lien against the land.

29

begin deleteSEC. 17.end delete
30
begin insertSEC. 19.end insert  

Section 5474.8 of the Health and Safety Code is
31amended to read:

32

5474.8.  

Fees or charges imposed by an entity by ordinance or
33resolution adopted pursuant to Section 5474 may differ in amount
34or method of computation from fees or charges imposed by any
35other ordinance or resolution of such entity adopted pursuant to
36begin delete saidend delete Section 5474.

37

begin deleteSEC. 18.end delete
38
begin insertSEC. 20.end insert  

Section 13822 of the Health and Safety Code is
39amended to read:

P41   1

13822.  

Once the chief petitioners have filed a sufficient petition
2or a legislative body has filed a resolution of application, the local
3agency formation commission shall proceed pursuant to Chapter
45 (commencing with Section 56825) of Part 3 of Division 3 of
5Title 5 of the Government Code.

6

begin deleteSEC. 19.end delete
7
begin insertSEC. 21.end insert  

Section 22161 of the Public Contract Code, as
8amended by Section 2 of Chapter 715 of the Statutes of 2015, is
9amended to read:

10

22161.  

For purposes of this chapter, the following definitions
11apply:

12(a) “Best value” means a value determined by evaluation of
13objective criteria that relate to price, features, functions, life-cycle
14costs, experience, and past performance. A best value determination
15may involve the selection of the lowest cost proposal meeting the
16interests of the local agency and meeting the objectives of the
17project, selection of the best proposal for a stipulated sum
18established by the procuring agency, or a tradeoff between price
19and other specified factors.

20(b) “Construction subcontract” means each subcontract awarded
21by the design-build entity to a subcontractor that will perform work
22or labor or render service to the design-build entity in or about the
23construction of the work or improvement, or a subcontractor
24licensed by the State of California that, under subcontract to the
25design-build entity, specially fabricates and installs a portion of
26the work or improvement according to detailed drawings contained
27in the plans and specifications produced by the design-build team.

28(c) “Design-build” means a project delivery process in which
29both the design and construction of a project are procured from a
30single entity.

31(d) “Design-build entity” means a corporation, limited liability
32company, partnership, joint venture, or other legal entity that is
33able to provide appropriately licensed contracting, architectural,
34and engineering services as needed pursuant to a design-build
35contract.

36(e) “Design-build team” means the design-build entity itself
37and the individuals and other entities identified by the design-build
38entity as members of its team. Members shall include the general
39contractor and, if utilized in the design of the project, all electrical,
40mechanical, and plumbing contractors.

P42   1(f) “Local agency” means the following:

2(1) A city, county, or city and county.

3(2) A special district that operates wastewater facilities, solid
4waste management facilities, water recycling facilities, or fire
5protection facilities.

6(3) Any transit district, included transit district, municipal
7operator, included municipal operator, any consolidated agency,
8as described in Section 132353.1 of the Public Utilities Code, any
9joint powers authority formed to provide transit service, any county
10transportation commission created pursuant to Section 130050 of
11the Public Utilities Code, or any other local or regional agency,
12responsible for the construction of transit projects.

13(4) The San Diego Association of Governments, as referenced
14in the San Diego Regional Transportation Consolidation Act
15(Chapter 3 (commencing with Section 132350) of Division 12.7
16of the Public Utilities Code).

17(g) (1) For a local agency defined in paragraph (1) of
18subdivision (f), “project” means the construction of a building or
19buildings and improvements directly related to the construction
20of a building or buildings, county sanitation wastewater treatment
21facilities, and park and recreational facilities, but does not include
22the construction of other infrastructure, including, but not limited
23to, streets and highways, public rail transit, or water resources
24facilities and infrastructure. For a local agency defined in paragraph
25(1) of subdivision (f) that operates wastewater facilities, solid waste
26management facilities, or water recycling facilities, “project” also
27means the construction of regional and local wastewater treatment
28facilities, regional and local solid waste facilities, or regional and
29local water recycling facilities.

30(2) For a local agency defined in paragraph (2) of subdivision
31(f), “project” means the construction of regional and local
32wastewater treatment facilities, regional and local solid waste
33facilities, regional and local water recycling facilities, or fire
34protection facilities.

35(3) For a local agency defined in paragraph (3) of subdivision
36(f), “project” means a transit capital project that begins a project
37solicitation on or after January 1, 2015. A “project,” as defined by
38this paragraph, that begins the solicitation process before January
391, 2015, is subject to Article 6.8 (commencing with Section
4020209.5) of Chapter 1. “Project,” as defined by this paragraph,
P43   1does not include state highway construction or local street and
2road projects.

3(4) For a local agency defined in paragraph (4) of subdivision
4(f), “project” has the same meaning as in paragraph (3), and in
5addition shall include development projects adjacent, or physically
6or functionally related, to transit facilities developed or jointly
7developed by the local agency.

8

begin deleteSEC. 20.end delete
9
begin insertSEC. 22.end insert  

Section 11005 of the Revenue and Taxation Code is
10amended to read:

11

11005.  

After payment of refunds therefrom and after making
12the deductions authorized by Section 11003 and reserving the
13amount determined necessary by the Pooled Money Investment
14Board to meet the transfers ordered or proposed to be ordered
15pursuant to Section 16310 of the Government Code, the balance
16of all motor vehicle license fees and any other money appropriated
17by law for expenditure pursuant to this section, deposited to the
18credit of the Motor Vehicle License Fee Account in the
19Transportation Tax Fund, and remaining unexpended in that
20account at the close of business on the last day of the calendar
21month, shall be allocated by the Controller by the 10th day of the
22following month in accordance with the following:

23(a) On and after July 1, 2011, to the Local Law Enforcement
24Services Account in the Local Revenue Fund 2011, as established
25by Section 30025 of the Government Code, for allocation to cities,
26counties, and cities and counties.

27(b) On or after July 1, 2004, but before July 1, 2011:

28(1) First, to the County of Orange. For the 2004-05 fiscal year,
29that county shall be allocated fifty-four million dollars
30($54,000,000) in monthly installments. For the 2005-06 fiscal year
31and each fiscal year thereafter, that county shall receive, in monthly
32installments, an amount equal to the amount allocated under this
33section for the prior fiscal year, adjusted for the percentage change
34in the amount of revenues credited to the Motor Vehicle License
35Fee Account in the Transportation Tax Fund from the revenues
36credited to that account in the prior fiscal year. Moneys allocated
37to the County of Orange under this subdivision shall be used first
38for the service of indebtedness as provided in paragraph (1) of
39subdivision (a) of Section 11001.5. Any amounts in excess of the
P44   1amount required for this service of indebtedness may be used by
2that county for any lawful purpose.

3(2) Second, to each city, the population of which is determined
4under Section 11005.3 on August 5, 2004, in an amount equal to
5the additional amount of vehicle license fee revenue, including
6offset transfers, that would be allocated to that city under Sections
711000 and 11005, as those sections read on January 1, 2004, as a
8result of that city’s population being determined under subdivision
9(a) or (b) of Section 11005.3.

10(3) Third, to each city that was incorporated from an
11unincorporated territory after August 5, 2004, in an amount equal
12to the product of the following two amounts:

13(A) The quotient derived from the following fraction:

14(i) The numerator is the product of the following two amounts:

15(I) Fifty dollars ($50) per year.

16(II) The fraction determined as the total amount of vehicle
17license fee revenue collected during the most recent fiscal year
18divided by the total amount of vehicle license fee revenue collected
19during the 2004-05 fiscal year.

20(ii) The denominator is the fraction determined as the actual
21population, as defined in subdivision (d) of Section 11005.3, of
22all cities during the most recent fiscal year, divided by the actual
23population, as defined in subdivision (d) of Section 11005.3, of
24all cities in the 2004-05 fiscal year.

25(B) The city’s population determined in accordance with Section
2611005.3.

27(4) Fourth, to each city that was incorporated before August 5,
282004, in an amount equal to the product of the following two
29amounts:

30(A) The quotient derived from the following fraction:

31(i) The numerator is the product of the following two amounts:

32(I) Fifty dollars ($50) per year.

33(II) The fraction determined as the total amount of vehicle
34license fee revenue collected during the most recent fiscal year
35divided by the total amount of vehicle license fee revenue collected
36during the 2004-05 fiscal year.

37(ii) The denominator is the fraction determined as the actual
38population, as defined in subdivision (d) of Section 11005.3, of
39all cities during the most recent fiscal year, divided by the actual
P45   1population, as defined in subdivision (d) of Section 11005.3, of
2all cities in the 2004-05 fiscal year.

3(B) The actual population, as defined in subdivision (d) of
4Section 11005.3, residing in areas annexed after August 5, 2004,
5as of the date of annexation.

6(5) Fifth, to the cities and cities and counties of this state in the
7proportion that the population of each city or city and county bears
8to the total population of all cities and cities and counties in this
9state, as determined by the Demographic Research Unit of the
10Department of Finance. For the purpose of this subdivision, the
11population of each city or city and county shall be determined in
12accordance with Section 11005.3.

13

begin deleteSEC. 21.end delete
14
begin insertSEC. 23.end insert  

Section 11005.3 of the Revenue and Taxation Code
15 is amended to read:

16

11005.3.  

(a) In the case of a city that incorporated on or after
17January 1, 1987, and before August 5, 2004, the Controller shall
18determine that the population of the city for its first 10 full fiscal
19years, and any portion of the first year in which the incorporation
20is effective if less than a full fiscal year, is the greater of either:

21(1) The number of registered voters in the city multiplied by
22three. The number of registered voters shall be calculated as of the
23effective date of the incorporation of the city.

24(2) The actual population, as defined in subdivision (d).

25(b) In the case of a city that incorporated on or after January 1,
261987, and before August 5, 2004, and for which the application
27for incorporation was filed with the executive officer of the local
28agency formation commission pursuant to subdivision (a) of
29Section 56828 of the Government Code on or after January 1,
301991, the Controller shall determine that the population of the city
31for its first seven full fiscal years, and any portion of the first year
32in which the incorporation is effective if less than a full fiscal year,
33is the greater of either:

34(1) The number of registered voters in the city multiplied by
35three. The number of registered voters shall be calculated as of the
36effective date of the incorporation of the city.

37(2) The actual population, as defined in subdivision (d).

38(c) In the case of a city that was incorporated from
39 unincorporated territory after August 5, 2004, the Controller shall
40determine the population of the city as follows:

P46   1(1) For its first 12 months, 150 percent of the city’s actual
2population.

3(2) For its 13th through 24th months, 140 percent of the city’s
4actual population.

5(3) For its 25th through 36th months, 130 percent of the city’s
6actual population.

7(4) For its 37th through 48th months, 120 percent of the city’s
8actual population.

9(5) For its 49th through 60th months, 110 percent of the city’s
10actual population.

11(6) After its 60th month, the city’s actual population.

12(d) For purposes of this section, “actual population” means the
13population determined by the last federal decennial or special
14census, or a subsequent census validated by the Demographic
15Research Unit of the Department of Finance or subsequent estimate
16prepared pursuant to Section 2107.2 of the Streets and Highways
17Code.

18(e) In the case of unincorporated territory being annexed to a
19city, during the 10-year,begin delete seven-year,end deletebegin insert 7-year,end insert orbegin delete five-yearend deletebegin insert 5-yearend insert
20 period following incorporation, as the case may be, subsequent to
21the last federal census, or a subsequent census validated by the
22Demographic Research Unit of the Department of Finance, the
23unit shall determine the population of the annexed territory by the
24use of any federal decennial or special census or any estimate
25prepared pursuant to Section 2107.2 of the Streets and Highways
26Code. The population of the annexed territory as determined by
27the Demographic Research Unit shall be added to the city’s
28population as previously determined by the Controller pursuant to
29paragraph (1) or (2) of subdivision (a), paragraph (1) or (2) of
30subdivision (b), or subdivision (c), as applicable.

31(f) After the 10-year,begin delete seven-year,end deletebegin insert 7-year,end insert orbegin delete five-yearend deletebegin insert 5-yearend insert
32 period following incorporation, as the case may be, the Controller
33shall determine the population of the city as the city’s actual
34population, as defined in subdivision (d).

35(g) The amendments made to this section by the act adding this
36subdivision shall not apply with respect to either of the following:

37(1) Any city that has adopted an ordinance or resolution,
38approved a ballot measure, or is subject to a consent decree or
39court order, that annually limits the number of housing units that
40may be constructed within the city.

P47   1(2) Any city that has not prepared and adopted a housing element
2in compliance with Section 65585 of the Government Code.

3(h) This section shall become operative July 1, 1991.

4

begin deleteSEC. 22.end delete
5
begin insertSEC. 24.end insert  

Section 19201 of the Revenue and Taxation Code is
6amended to read:

7

19201.  

If any amount due under Part 10 (commencing with
8Section 17001), Part 11 (commencing with Section 23001), or any
9amount that may be collected by the Franchise Tax Board as though
10it were a tax, is not paid, the Franchise Tax Board may file in the
11Office of the Clerk of the Court of Sacramento County, or any
12other county, a certificate specifying the amount due, the name
13and last known address of the taxpayer liable for the amount due,
14and the fact that the Franchise Tax Board has complied with all
15provisions of the law in the computation and levy of the amount
16due, and a request that judgment be entered against the taxpayer
17in the amount set forth in the certificate.

18

begin deleteSEC. 23.end delete
19
begin insertSEC. 25.end insert  

Section 19202 of the Revenue and Taxation Code is
20amended to read:

21

19202.  

The clerk of the court immediately upon the filing of
22the certificate shall enter a judgment for the people of the State of
23California against the taxpayer in the amount set forth in the
24certificate. The clerk of the court may file the judgment in a
25loose-leaf book entitled “Personal Income Tax Judgments” or
26“Bank and Corporation Tax Judgments,” as appropriate.

27

begin deleteSEC. 24.end delete
28
begin insertSEC. 26.end insert  

Section 2105 of the Streets and Highways Code is
29amended to read:

30

2105.  

Notwithstanding Section 13340 of the Government Code,
31in addition to the apportionments prescribed by Sections 2104,
322106, and 2107, from the revenues derived from a per gallon tax
33imposed pursuant to Section 7360 of the Revenue and Taxation
34Code, and a per gallon tax imposed pursuant to Sections 8651,
358651.5, and 8651.6 of the Revenue and Taxation Code, and a per
36gallon tax imposed pursuant to Sections 60050 and 60115 of the
37Revenue and Taxation Code, the following apportionments shall
38be made:

39(a) A sum equal to 1.035 cents ($0.01035) per gallon from the
40tax under Section 7360 of the Revenue and Taxation Code, 11.5
P48   1percent of any per gallon tax in excess of nine cents ($0.09) per
2gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue
3and Taxation Code, and 1.035 cents ($0.01035) per gallon from
4the tax under Sections 60050 and 60115 of the Revenue and
5Taxation Code, shall be apportioned among the counties, including
6a city and county.

7The amount of apportionment to each county, including a city
8and county, during a fiscal year shall be calculated as follows:

9(1) One million dollars ($1,000,000) for apportionment to all
10counties, including a city and county, in proportion to each county’s
11receipts during the prior fiscal year under Sections 2104 and 2106.

12(2) One million dollars ($1,000,000) for apportionment to all
13counties, including a city and county, as follows:

14(A) Seventy-five percent in the proportion that the number of
15fee-paid and exempt vehicles which are registered in the county
16bears to the number of fee-paid and exempt vehicles registered in
17the state.

18(B) Twenty-five percent in the proportion that the number of
19miles of maintained county roads in the county bears to the miles
20of maintained county roads in the state.

21(3) For each county, determine its factor which is the higher
22amount calculated pursuant to paragraph (1) or (2) divided by the
23sum of the higher amounts for all of the counties.

24(4) The amount to be apportioned to each county is equal to its
25factor multiplied by the amount available for apportionment.

26(b) A sum equal to 1.035 cents ($0.01035) per gallon from the
27tax under Section 7360 of the Revenue and Taxation Code, 11.5
28percent of any per gallon tax in excess of nine cents ($0.09) per
29gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue
30and Taxation Code, and 1.035 cents ($0.01035) per gallon from
31the tax under Sections 60050 and 60115 of the Revenue and
32Taxation Code, shall be apportioned to cities, including a city and
33county, in the proportion that the total population of the city bears
34to the total population of all the cities in the state.

35(c) (1) Transfers of revenues from the Highway Users Tax
36Account to counties or cities pursuant to this section collected
37during the months of March, April, May, June, and July of 2008,
38shall be made with the transfer of August 2008 revenues in
39September of 2008. This suspension shall not apply to a county
40with a population of less than 40,000.

P49   1(2) For the purpose of meeting the cash obligations associated
2with ongoing budgeted costs, a city or county may make use of
3any cash balance in the city account that is designated for the
4receipt of state funds allocated for local streets and roads or the
5county road fund, including that resulting from the receipt of funds
6pursuant to the Highway Safety, Traffic Reduction, Air Quality,
7and Port Security Bond Act of 2006 (Chapter 12.49 (commencing
8with Section 8879.20) of Division 1 of Title 2 of the Government
9Code (hereafter bond act)) for local streets and roads maintenance,
10during the period of this suspension, without the use of this cash
11being reflected as an expenditure of bond act funds, provided the
12cash is replaced once this suspension is repaid in September of
132008. Counties and cities may accrue the revenue received in
14September 2008 as repayment of these suspensions for the months
15of April, May, and June of 2008 back to the 2007-08 fiscal year.
16Nothing in this paragraph shall change the fact that expenditures
17must be accrued and reflected from the appropriate funding sources
18for which the moneys were received and meet all the requirements
19of those funding sources.

20(d) (1) The transfer of revenues from the Highway Users Tax
21Account to counties or cities pursuant to this section collected
22during the months of January, February, and March 2009 shall be
23made with the transfer of April 2009 revenues in May 2009.

24(2) For the purpose of meeting the cash obligations associated
25with ongoing budgeted costs, a city or county may make use of
26any cash balance in the city account that is designated for the
27receipt of state funds allocated for local streets and roads or the
28county road fund, including that resulting from the receipt of funds
29pursuant to the Highway Safety, Traffic Reduction, Air Quality,
30and Port Security Bond Act of 2006 (Chapter 12.49 (commencing
31with Section 8879.20) of Division 1 of Title 2 of the Government
32Code (bond act)) for local streets and roads maintenance, during
33the period of this suspension, and the use of this cash shall not be
34considered as an expenditure of bond act funds, if the cash is
35replaced when the payments that are suspended pursuant to this
36subdivision are repaid in May 2009.

37(3) This subdivision shall not affect any requirement that an
38expenditure is required to be accrued and reflected from the
39appropriate funding source for which the money was received and
40to meet all the requirements of its funding source.

P50   1begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 36601 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
2amended to read:end insert

3

36601.  

The Legislature finds and declares all of the following:

4(a) Businesses located and operating within business districts
5in some of this state’s communities are economically
6disadvantaged, are underutilized, and are unable to attract
7customers due to inadequate facilities, services, and activities in
8the business districts.

9(b) It is in the public interest to promote the economic
10revitalization and physical maintenance of business districts in
11order to create jobs, attract new businesses, and prevent the erosion
12of the business districts.

13(c) It is of particular local benefit to allow business districts to
14fund business related improvements, maintenance, and activities
15through the levy of assessments upon the businesses or real
16property that receive benefits from those improvements.

17(d) Assessments levied for the purpose of conferring special
18benefit upon the real property orbegin insert a specific benefit upon theend insert
19 businesses in a business district are not taxes for the general benefit
20of a city, even ifbegin delete propertyend deletebegin insert property, businesses,end insert or persons not
21assessed receive incidental or collateral effects that benefit them.

22(e) Property and business improvement districts formed
23throughout this state have conferred special benefits upon
24properties and businesses within their districts and have made
25those properties and businesses more useful by providing the
26following benefits:

27(1) Crime reduction. A study by the Rand Corporation has
28confirmed a 12-percent reduction in the incidence of robbery and
29an 8-percent reduction in the total incidence of violent crimes
30within the 30 districts studied.

31(2) Job creation.

32(3) Business attraction.

33(4) Business retention.

34(5) Economic growth.

35(6) New investments.

36(f) With the dissolution of redevelopment agencies throughout
37the state, property and business improvement districts have become
38even more important tools with which communities can combat
39blight, promote economic opportunities, and create a clean and
40safe environment.

P51   1(g) Since the enactment of this act, the people of California have
2adopted Proposition 218, which added Article XIII D to the
3Constitution in order to place certain requirements and restrictions
4on the formation of, and activities, expenditures, and assessments
5by property-based districts. Article XIII D of the Constitution
6provides that property-based districts may only levy assessments
7for special benefits.

8(h) The act amending this section is intended to provide the
9Legislature’s guidance with regard to this act, its interaction with
10the provisions of Article XIII D of the Constitution, and the
11determination of special benefits in property-based districts.

12(1) The lack of legislative guidance has resulted in uncertainty
13and inconsistent application of this act, which discourages the use
14of assessments to fund needed improvements, maintenance, and
15activities in property-based districts, contributing to blight and
16other underutilization of property.

17(2) Activities undertaken for the purpose of conferring special
18benefits upon property to be assessed inherently produce incidental
19or collateral effects that benefit property or persons not assessed.
20Therefore, for special benefits to exist as a separate and distinct
21category from general benefits, the incidental or collateral effects
22of those special benefits are inherently part of those special
23benefits. The mere fact that special benefits produce incidental or
24collateral effects that benefit property or persons not assessed does
25not convert any portion of those special benefits or their incidental
26or collateral effects into general benefits.

27(3) It is of the utmost importance that property-based districts
28created under this act have clarity regarding restrictions on
29assessments they may levy and the proper determination of special
30benefits. Legislative clarity with regard to this act will provide
31districts with clear instructions and courts with legislative intent
32regarding restrictions on property-based assessments, and the
33manner in which special benefits should be determined.

34begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 36606 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
35amended to read:end insert

36

36606.  

“Activities” means, but is not limited to, all of the
37following that benefit businesses or real property in the district:

38(a) Promotion of public events.

39(b) Furnishing of music in any public place.

40(c) Promotion of tourism within the district.

P52   1(d) Marketing and economic development, including retail
2retention and recruitment.

3(e) Providing security, sanitation, graffiti removal, street and
4sidewalk cleaning, and other municipal services supplemental to
5those normally provided by the municipality.

6(f) Other services provided for the purpose of conferring special
7benefit upon assessedbegin delete businesses andend delete real propertybegin insert or specific
8benefits upon assessed businessesend insert
located in the district.

9begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 36610 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
10amended to read:end insert

11

36610.  

“Improvement” means the acquisition, construction,
12installation, or maintenance of any tangible property with an
13estimated useful life of five years or more including, but not limited
14to, the following:

15(a) Parking facilities.

16(b) Benches, booths, kiosks, display cases, pedestrian shelters
17and signs.

18(c) Trash receptacles and public restrooms.

19(d) Lighting and heating facilities.

20(e) Decorations.

21(f) Parks.

22(g) Fountains.

23(h) Planting areas.

24(i) Closing, opening, widening, or narrowing of existing streets.

25(j) Facilities or equipment, or both, to enhance security of
26persons and property within thebegin delete area.end deletebegin insert district.end insert

27(k) Ramps, sidewalks, plazas, and pedestrian malls.

28(l) Rehabilitation or removal of existing structures.

29begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 36625 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
30amended to read:end insert

31

36625.  

(a) If the city council, following the public hearing,
32decides to establish a proposed property and business improvement
33district, the city council shall adopt a resolution of formation that
34shall include, but is not limited to, all of the following:

35(1) A brief description of the proposed improvements,
36maintenance, and activities, the amount of the proposed assessment,
37a statement as to whether the assessment will be levied on property,
38businesses, or both within the district, a statement on whether
39bonds will be issued, and a description of the exterior boundaries
40of the proposed district, which may be made by reference to any
P53   1plan or map that is on file with the clerk. The descriptions and
2statements need not be detailed and shall be sufficient if they enable
3an owner to generally identify the nature and extent of the
4improvements, maintenance, and activities and the location and
5extent of the proposed district.

6(2) The number, date of adoption, and title of the resolution of
7intention.

8(3) The time and place where the public hearing was held
9concerning the establishment of the district.

10(4) A determination regarding any protests received. The city
11shall not establish the district or levy assessments if a majority
12protest was received.

13(5) A statement that the properties, businesses, or properties
14and businesses in the district established by the resolution shall be
15subject to any amendments to this part.

16(6) A statement that the improvements, maintenance, and
17activities to be conferred on businesses and properties in the district
18will be funded by the levy of the assessments. The revenue from
19the levy of assessments within a district shall not be used to provide
20improvements, maintenance, or activities outside the district or
21for any purpose other than the purposes specified in the resolution
22of intention, as modified by the city council at the hearing
23concerning establishment of the district.begin insert Notwithstanding the
24foregoing, improvements and activities that must be provided
25outside the district boundaries to create a special or specific benefit
26to the assessed parcels or businesses may be provided, but shall
27be limited to marketing or signage pointing to the district.end insert

28(7) A finding that the property or businesses within the area of
29the property and business improvement district will be benefited
30by the improvements, maintenance, and activities funded by the
31proposed assessments, and, for a property-based district, that
32property within the district will receive a special benefit.

33(8) In a property-based district, the total amount of all special
34benefits to be conferred on the properties within the property-based
35district.

36(b) The adoption of the resolution of formation and, if required,
37recordation of the notice and map pursuant to Section 36627 shall
38constitute the levy of an assessment in each of the fiscal years
39referred to in the management district plan.

P54   1begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 36670 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
2amended to read:end insert

3

36670.  

(a) Any district established or extended pursuant to
4the provisions of this part, where there is no indebtedness,
5outstanding and unpaid, incurred to accomplish any of the purposes
6of the district, may be disestablished by resolution by the city
7council in either of the following circumstances:

8(1) If the city council finds there has been misappropriation of
9funds, malfeasance, or a violation of law in connection with the
10management of the district, it shall notice a hearing on
11disestablishment.

12(2) During the operation of the district, there shall be a 30-day
13period each year in which assessees may request disestablishment
14of the district. The first such period shall begin one year after the
15date of establishment of the district and shall continue for 30 days.
16The next such 30-day period shall begin two years after the date
17of the establishment of the district. Each successive year of
18operation of the district shall have such a 30-day period. Upon the
19written petition of the owners or authorized representatives of real
20property or the owners or authorized representatives of businesses
21in thebegin delete areaend deletebegin insert districtend insert who pay 50 percent or more of the assessments
22levied, the city council shall pass a resolution of intention to
23disestablish the district. The city council shall notice a hearing on
24disestablishment.

25(b) The city council shall adopt a resolution of intention to
26disestablish the district prior to the public hearing required by this
27section. The resolution shall state the reason for the
28disestablishment, shall state the time and place of the public
29hearing, and shall contain a proposal to dispose of any assets
30acquired with the revenues of the assessments levied within the
31property and business improvement district. The notice of the
32hearing on disestablishment required by this section shall be given
33by mail to the property owner of each parcel or to the owner of
34each business subject to assessment in the district, as appropriate.
35The city shall conduct the public hearing not less than 30 days
36after mailing the notice to the property or business owners. The
37public hearing shall be held not more than 60 days after the
38adoption of the resolution of intention.

P55   1

begin deleteSEC. 25.end delete
2
begin insertSEC. 32.end insert  

Section 7.3 of the Kern County Water Agency Act
3 (Chapter 1003 of the Statutes of 1961), as amended by Section 2
4of Chapter 832 of the Statutes of 1972, is repealed.

5

begin deleteSEC. 26.end delete
6
begin insertSEC. 33.end insert  

Section 7.6 of the Kern County Water Agency Act
7 (Chapter 1003 of the Statutes of 1961), as added by Section 2 of
8Chapter 49 of the Statutes of 1982, is amended to read:

9

Sec.7.6.  

(a) The board of directors shall not approve an agency
10budget unless the board has first conducted a public hearing.

11(b) The board shall publish a notice of the hearing pursuant to
12Section 6066 of the Government Code.

13

begin deleteSEC. 27.end delete
14
begin insertSEC. 34.end insert  

Section 8 of the Kern County Water Agency Act
15 (Chapter 1003 of the Statutes of 1961) is repealed.

16

begin deleteSEC. 28.end delete
17
begin insertSEC. 35.end insert  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.



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