BILL NUMBER: SB 275	CHAPTERED  09/28/99

	CHAPTER   550
	FILED WITH SECRETARY OF STATE   SEPTEMBER 28, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 17, 1999
	AMENDED IN SENATE   MAY 3, 1999
	AMENDED IN SENATE   APRIL 7, 1999

INTRODUCED BY   Committee on Local Government (Senators Rainey
(Chair), Baca, Johannessen, Johnston, Monteith, Perata, and Polanco

                        FEBRUARY 1, 1999

   An act to amend Section 13.5 of the Elections Code, to amend
Sections 27000.8, 27000.9, 27063, 30063, 37361, 56332, 56853, 56857,
61107, 65307, 65850, 65850.4, 65956, 66451.2, 66458, 66498.1,
66498.2, and 66498.3 of, and to repeal Section 77202.5 of, the
Government Code, to amend Sections 4730.6, 13114.2, and 13890 of the
Health and Safety Code, and to amend Sections 98.02, 99, 4986.3, and
11005 of the Revenue and Taxation Code, relating to local agencies,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 275, Committee on Local Government.  1999 Local Agency Omnibus
Act.
   (1) Existing law provides that in order to be considered a legally
qualified candidate for certain county and judicial offices, a
person is required to file specified documents.
   This bill would add to those offices requiring the filing of those
documents the offices of county treasurer, county tax collector, and
county treasurer-tax collector.
   (2) Existing law authorizes a county board of supervisors to enact
an ordinance adopting continuing education requirements for the
office of county treasurer, county tax collector, or county
treasurer-tax collector within the discipline of treasury management
or public finance or both.
   This bill would also permit the continuing education requirements
to be within the disciplines of public administration, governmental
accounting, or directly related subjects.
   (3) Existing law requires the county treasurer to file with the
county board of supervisors a monthly report of funds received and
disbursed.
   This bill would authorize a county auditor to file those reports
if the county treasurer and county auditor have a written agreement.

   (4) Existing law requires the county auditor and the city
treasurer to file a written report on or before September 1 each year
with the Supplemental Law Enforcement Oversight Committee and the
local governing body detailing and summarizing allocations from the
county's or city's Supplemental Law Enforcement Services Fund, as
applicable for the entire preceding year.  Existing law requires
local officials to hold a public hearing in September in each year
that the Legislature appropriates money to the fund for the purpose
of considering requests for money from the fund.
   This bill instead would require the report to be filed on or
before the date of the duly noticed public hearing.
   (5) Existing law authorizes the legislative body of a city to
impose appropriate and reasonable control of the use or appearance of
neighboring private property within public view of places,
buildings, structures, works of art, and other objects having a
special character or special historical or aesthetic interest or
value.
   This bill would make corrective, technical changes in that
provision.
   (6) Under existing law, when the executive officer of a local
agency formation commission determines that it is not feasible to
hold a meeting of the special district selection committee for the
purpose of selecting the special district representatives to the
commission or for filling a vacancy, the executive officer may
conduct the selection process by delivering the necessary papers, or
sending them by certified mail, to each independent special district.

   This bill would additionally authorize this selection process to
be conducted by electronic mail.
   (7) Existing law requires the executive officer of a local agency
formation commission to mail a copy of the commission's resolution of
its determinations concerning a proposed change of organization or
reorganization to the chief petitioners, if any, each affected local
agency whose boundaries would be changed, and the conducting
authority.
   This bill would authorize the executive officer to transmit the
resolutions by electronic mail.
   (8) Under existing law, when a local agency formation commission
is requested to amend or reconsider a resolution making
determinations, the deadline for filing certain actions is tolled
during the time it takes the commission to act on the request.
   This bill would toll the time for filing any action during the
time it takes the commission to act on the request.
   (9) Existing law specifies the proceedings necessary to form a
community services district.
   This bill would correct a technical error in that provision.
   (10) Existing law requires that on or before October 1, the
planning agency of each city or county shall annually report to its
legislative body, the Office of Planning and Research, and the
Department of Housing and Community Development on the status of its
general plan and progress in its implementation.
   This bill would correct an obsolete cross-reference in that
provision.
   (11) Existing law authorizes cities and counties to adopt zoning
ordinances including content neutral zoning ordinances, regulating
the time, place, and manner of operation of sexually oriented
businesses, subject to specified conditions.
   This bill would make a technical nonsubstantive change to those
provisions.
   (12) Under existing law, the failure of a development project
applicant to submit complete or adequate information under the Permit
Streamlining Act may be grounds for disapproving the project.
   This bill would correct an obsolete cross-reference in that
provision.
   (13) Existing law permits cities and counties to establish fees
for processing tentative, final, and parcel subdivision maps and
related procedures.
   This bill would correct obsolete cross-references in that
provision.
   (14) Under existing law, the legislative body of a city or county
is required to provide specified notice of a pending approval or
disapproval of a final subdivision map by the official to whom that
authority has been delegated.
   This bill instead would require that the notice be given by the
clerk of the legislative body.
   (15) Existing law specifies the time period for which rights exist
that are conferred by a vesting tentative map.
   This bill would correct obsolete cross references to that
provision in other provisions of the Subdivision Map Act.
   (16) Under existing law, in any year that the net county benefit
for Ventura County between the property taxes allocated to cities by
the county and the state money received by the county under the Trial
Court Funding Program is less than $5,262,500, the county receives a
special subvention from vehicle license fee revenues.
   This bill instead would establish a subvention of vehicle license
fee revenues to Ventura County equal to 60% of the property tax
revenue allocated to no and low property tax cities.
   (17) Existing law provides for the establishment of the Ventura
Regional Sanitation District, and further provides that the board of
directors shall be the governing board of the district.  Existing law
also provides for an independent special district committee,
composed of the presiding officers of specified independent special
districts.
   This bill would redesignate the independent special district
committee as the special district committee, and would revise the
membership requirements for that committee.
   (18) Existing law requires the State Fire Marshal to adopt
regulations and standards on or before September 1, 1999, to control
the quality and installation of burglar bars and safety release
mechanisms and prohibits, on and after October 1, 1999, the
installation, marketing, distribution, offer for sale, or sale of
those items if they have not been approved by a testing laboratory
recognized by the State Fire Marshal.
   This bill would specify that the burglar bars and safety release
mechanisms are for emergency escape/rescue windows or doors, require
that the regulations be adopted on or before January 1, 2000, and
provide that the prohibition against unapproved items shall commence
on July 1, 2000.
   (19) The Fire Protection District Law requires fire districts to
adopt budgets conforming to specified state regulations.
   This bill would correct an obsolete reference to those
regulations.
   (20) Existing law authorizes the cancellation of property taxes
and special taxes imposed to pay for bonds in certain situations
where the property was acquired by a city through foreclosure.
   This bill would also permit these procedures for tax cancellation
to be applied to property acquired through foreclosure by counties,
cities and counties, special districts, school districts, and joint
powers agencies.
   (21) Existing law generally requires those agencies affected by a
proposed jurisdictional change to negotiate, in accordance with
specified procedures, an exchange of property tax revenues to reflect
the changes in service area obligations that will result from the
jurisdictional change.  The process of negotiation, mediation, and
arbitration concludes no more than 150 days after the initiation of
proceedings for the jurisdictional change before the local agency
formation commission.
   This bill instead would require negotiation, mediation, and
arbitration to be concluded no more than 150 days after the auditor
provides specified property tax information to the local agencies.
   (22) This bill would declare that it is to take effect immediately
as an urgency statute but would also provide that all but specified
provisions of the bill shall become operative on January 1, 2000.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) This act shall be known and may be cited as the
1999 Local Agency Omnibus Act.
   (b) The Legislature finds and declares that Californians desire
their government to be run efficiently and economically, and that
public officials should avoid waste and duplication whenever
possible.  The Legislature further finds and declares that it desires
to control its own operating costs by reducing the number of
separate bills.  Therefore, it is the intent of the Legislature in
enacting this act to combine several minor, noncontroversial
statutory changes relating to public agencies into a single measure.

  SEC. 5.  Section 13.5 of the Elections Code is amended to read:
   13.5.  (a) (1) Notwithstanding subdivision (a) of Section 13, no
person shall be considered a legally qualified candidate for any of
the offices set forth in subdivision (b) unless that person has filed
a declaration of candidacy, nomination papers, or statement of
write-in candidacy, accompanied by documentation, including, but not
necessarily limited to, certificates, declarations under penalty of
perjury, diplomas, or official correspondence, sufficient to
establish, in the determination of the official with whom the
declaration or statement is filed, that the person meets each
qualification established for service in that office by the provision
referenced in subdivision (b).
   (2) The provision of "documentation," for purposes of compliance
with the requirements of paragraph (1), may include the submission of
either an original, as defined in Section 255 of the Evidence Code,
or a duplicate, as defined in Section 260 of the Evidence Code.
   (b) This section shall be applicable to the following offices and
qualifications therefor:
   (1) For the office of county auditor, the qualifications set forth
in Sections 26945 and 26946 of the Government Code.
   (2) For the office of county district attorney, the qualifications
set forth in Sections 24001 and 24002 of the Government Code.
   (3) For the office of county sheriff, the qualifications set forth
in Section 24004.3 of the Government Code.
   (4) For the office of county superintendent of schools, the
qualifications set forth in Sections 1205 to 1208, inclusive, of the
Education Code.
   (5) For the office of judge of the municipal court, the
qualifications set forth in Article 4 (commencing with Section 71140)
of Chapter 6 of Title 8 of the Government Code.
   (6) For the office of judge of the superior court, the
qualifications set forth in Section 15 of Article VI of the
California Constitution.
   (7) For the office of county treasurer, county tax collector, or
county treasurer-tax collector, the qualifications set forth in
Section 27000.7 of the Government Code, provided that the board of
supervisors has adopted the provisions of that section pursuant to
Section 27000.8 of the Government Code.
  SEC. 6.  Section 27000.8 of the Government Code is amended to read:

   27000.8.  Any duly elected county treasurer, county tax collector,
or county treasurer-tax collector serving in that office on January
1, 1996, may serve for his or her remaining term of office during
which period of time the requirements of this section shall not
apply.  After the election of a county treasurer, county tax
collector, or county treasurer-tax collector to office, that person
shall complete a valid continuing course of study as prescribed in
this section, and shall during the person's four-year term of office
on or before June 30 of the fourth year, render to the State
Controller a certification indicating that the person has
successfully completed a continuing education program consisting of,
at a minimum, 48 hours, or an equivalent amount of continuing
education units within the discipline of treasury management, public
finance, public administration, governmental accounting, or directly
related subjects, offered by a recognized state or national
association, institute, or accredited college or university, or the
California Debt and Investment Advisory Commission, that provides the
requisite educational programs prescribed in this section.  The
willful or negligent failure of any elected county treasurer, county
tax collector, or county treasurer-tax collector to comply with the
requirements of this section shall be deemed a violation of this
section.
  SEC. 7.  Section 27000.9 of the Government Code is amended to read:

   27000.9.  Notwithstanding any other requirement of law, any duly
appointed county officer serving in the capacity of county treasurer,
county tax collector, or county treasurer-tax collector shall,
beginning in 2000, complete a valid continuing course of study as
prescribed in this section, and shall, on or before June 30 of each
two-year period, render to the State Controller, a certification
indicating that the county officer has successfully completed a
continuing education program consisting of, at a minimum, 24 hours or
an equivalent amount of continuing education units within the
discipline of treasury management, public finance, public
administration, governmental accounting, or directly related
subjects, offered by a recognized state or national association,
institute, or accredited college or university, or the California
Debt and Investment Advisory Commission, that provides the requisite
educational programs prescribed in this section.  The willful or
negligent failure of any county officer serving in the capacity of
county treasurer, county tax collector, or county treasurer-tax
collector to comply with the requirements of this section shall be
deemed a violation of this section.
  SEC. 8.  Section 27063 of the Government Code is amended to read:
   27063.  Not later than the 25th day of each month, the treasurer,
or, if the auditor has a written agreement with the treasurer, the
auditor, shall file with the board of supervisors a detailed report
of all money received and disbursed by him or her during the
preceding report period which shall be no less frequent than monthly,
so that the receipts into the treasury and the amounts of
disbursements for the period will distinctly appear.  The report
shall be filed and preserved by the clerk of the board.
  SEC. 9.  Section 30063 of the Government Code is amended to read:
   30063.  (a) The Supplemental Law Enforcement Services Fund (SLESF)
in each county or city is to be expended exclusively as required by
this chapter.  Moneys in that fund shall not be transferred to, or
intermingled with, the moneys in any other fund in the county or city
treasury, except that moneys may be transferred from the SLESF to
the county's or city's general fund to the extent necessary to
facilitate the appropriation and expenditure of those transferred
moneys in the manner required by this chapter.
   (b) Moneys in a SLESF may only be invested in safe and
conservative investments in accordance with those standards of
prudent investment applicable to the investment of trust moneys.  The
treasurer of the county and each city shall provide a monthly SLESF
investment report to either the police chief or the county sheriff
and district attorney, as applicable.
   (c) Each year, on or before the date of the duly noticed public
hearing required pursuant to paragraph (1) of subdivision (c) of
Section 30061, the county auditor and city treasurer shall detail and
summarize allocations from the county's or city's SLESF, as
applicable, in a written, public report filed with the Supplemental
Law Enforcement Oversight Committee (SLEOC), the county board of
supervisors or city council, as applicable, for the entirety of the
immediately preceding fiscal year, and the county sheriff or police
chief, as applicable.
   (d) A summary of the annual reports required in subdivision (c)
shall be submitted in a standardized format to be developed by the
Controller, in conjunction with the California District Attorney's
Association, California Police Chief's Association, California State
Sheriff's Association, California Peace Officer's Association,
California County Auditor's Association, and California Municipal
Treasurer's Association, by each SLEOC to the Controller on or before
October 15, 1998, and each year thereafter.  Upon request, the
Controller shall make a copy of the summarized reports available to
the Governor and the Legislature.
  SEC. 10.  Section 37361 of the Government Code is amended to read:

   37361.  (a) The legislative body may acquire property for the
preservation or development of a historical landmark.  The
legislative body may also acquire property for development for
recreational purposes and for development of facilities in connection
therewith.
   (b) The legislative body may provide for places, buildings,
structures, works of art, and other objects, having a special
character or special historical or aesthetic interest or value,
special conditions or regulations for their protection, enhancement,
perpetuation or use, which may include appropriate and reasonable
control of the use or appearance of neighboring private property
within public view, or both.
   (c) Until January 1, 1995, subdivision (b) shall not apply to
noncommercial property owned by a religiously affiliated association
or corporation not organized for private profit, whether incorporated
as a religious or public benefit corporation, unless the owner of
the property does not object to its application.  This subdivision
does apply to a charter city.  Nothing in this subdivision shall be
construed to infringe on the authority of the legislative body to
enforce special conditions and regulations on any property designated
prior to January 1, 1994.  Subdivision (b) shall not apply to
noncommercial property owned by any association or corporation that
is religiously affiliated and not organized for private profit,
whether the corporation is organized as a religious corporation, or
as a public benefit corporation, provided that both of the following
occur:
   (1) The association or corporation objects to the application of
the subdivision to its property.
   (2) The association or corporation determines in a public forum
that it will suffer substantial hardship, which is likely to deprive
the association or corporation of economic return on its property,
the reasonable use of its property, or the appropriate use of its
property in the furtherance of its religious mission, if the
application is approved.
   (d) Nothing in this subdivision shall be construed to infringe on
the authority of any legislative body to enforce special conditions
and regulations on any property designated prior to January 1, 1994,
or to authorize any legislative body to override the determination
made pursuant to paragraph (2) of subdivision (c).  This subdivision
shall apply to a charter city.
  SEC. 12.  Section 56332 of the Government Code is amended to read:

   56332.  (a) The commission of any county shall be enlarged by two
members if, pursuant to Chapter 5 (commencing with Section 56450),
the commission of any county does both of the following:
   (1) Orders representation of special districts upon the
commission.
   (2) Adopts regulations affecting the functions and services of
special districts.
   In addition to the commission members selected pursuant to
Sections 56325, 56329, and 56330, two commission members shall be
selected by an independent special district selection committee to
represent special districts in the county.
   (b) The independent special district selection committee shall
consist of the presiding officer of the legislative body of each
independent special district.  However, if the presiding officer of
an independent special district is unable to attend a meeting of the
independent special district selection committee, the legislative
body of the district may appoint one of its members to attend the
meeting of the selection committee in the presiding officer's place.
Those districts shall include districts located wholly within the
county and those containing territory within the county representing
50 percent or more of the assessed value of taxable property of the
district, as shown on the last equalized county assessment roll.
Each member of the committee shall be entitled to one vote for each
independent special district of which he or she is the presiding
officer.  Members representing a majority of the eligible districts
shall constitute a quorum.
   (c) The executive officer shall call and give written notice of
all meetings of the members of the selection committee.  A meeting
shall be called and held under either of the following circumstances:

   (1) Whenever a vacancy exists among the members or alternate
members representing independent special districts upon the
commission.
   (2) Upon receipt of a written request by one or more members of
the selection committee representing districts having 10 percent or
more of the assessed value of taxable property within the county, as
shown on the last equalized county assessment roll.
   (d) (1) If the executive officer determines that a meeting of the
special district selection committee, for the purpose of selecting
the special district representatives or for filling a vacancy, is not
feasible, the executive officer may conduct the business of the
committee in writing, as provided in this subdivision.  The executive
officer may call for nominations to be submitted in writing within
30 days.  At the end of the nominating period, the executive officer
shall prepare and deliver, or send by certified mail, to each
independent special district one ballot and voting instructions.
   (2) As an alternative to the delivery or certified mail, the
executive officer, with the prior concurrence of the district, may
transmit the ballot and voting instructions by electronic mail,
provided that the executive officer shall retain written evidence of
the receipt of that material.
   (3) The ballot shall include the names of all nominees and the
office for which each was nominated.  The districts shall return the
ballots to the executive officer by the date specified in the voting
instructions, which date shall be at least 30 days from the date on
which the executive officer mailed the ballots to the districts.
   (4) If the executive officer has transmitted the ballot and voting
instructions by electronic mail, the districts may return the
ballots to the executive officer by electronic mail, provided that
the executive officer retains written evidence of the receipt of the
ballot.
   (5) Any ballot received by the executive officer after the
specified date is invalid.  The executive officer shall announce the
results of the election within seven days of the specified date.
   (e) The selection committee shall appoint two regular members and
one alternate member to the commission.  The members so appointed
shall be elected or appointed special district officers residing
within the county but shall not be members of the legislative body of
a city or county.  If one of the regular district members is absent
from a commission meeting or disqualifies himself or herself from
participating in a meeting, the alternate district member may serve
and vote in place of the regular district member for that meeting.
The representation by a regular district member who is a special
district officer shall not disqualify, or be cause for
disqualification of, the member from acting on a proposal affecting
the special district.  The special district selection committee may,
at the time it appoints a member or alternate, provide that the
member or alternate is disqualified from voting on proposals
affecting the district of which the member is a representative.
   (f) If the office of a regular district member becomes vacant, the
alternate member may serve and vote in place of the former regular
district member until the appointment and qualification of a regular
district member to fill the vacancy.
  SEC. 13.  Section 56853 of the Government Code is amended to read:

   56853.  The executive officer shall mail a copy of the resolution
adopted by the commission making determinations addressed to each of
the following persons or entities:
   (a) The chief petitioners, if any, where the proceedings for
change of organization were initiated by petition.
   (b) Each affected local agency whose boundaries would be changed
by the proposal.
   (c) The conducting authority, by certified mail, return receipt
requested.  The copy of the resolution mailed to the conducting
authority shall be certified as a true and correct copy by the
executive officer.  As an alternative to mailing the resolution by
certified mail, the executive officer, with the prior concurrence of
the conducting authority, may transmit the resolution by electronic
mail, provided that the executive officer shall retain written
evidence of the receipt of that resolution.
  SEC. 14.  Section 56857 of the Government Code is amended to read:

   56857.  (a) Any person or affected agency may file a written
request with the executive officer requesting amendments to or
reconsideration of any resolution adopted by the commission making
determinations.  The request shall state the specific modification to
the resolution being requested.
   (b) Notwithstanding Section 56106, the deadlines set by this
section are mandatory.  The person or agency shall file the written
request within 30 days of the adoption of the initial or superseding
resolution by the commission making determinations or prior to the
adoption of a resolution by the conducting authority pursuant to
Chapter 4 (commencing with Section 57075), whichever is earlier.  If
no person or agency files a timely request, the commission shall not
take any action pursuant to this section.
   (c) Upon receipt of a timely request, the executive officer shall
immediately notify the conducting authority which shall not take any
further action until the commission acts on the request.
   (d) Upon receipt of a timely request by the executive officer, the
time to file any action, including, but not limited to, an action
pursuant to Section 21167 of the Public Resources Code and any
provisions of Part 4 (commencing with Section 57000) governing the
time within which the conducting authority is to act shall be tolled
for the time that the commission takes to act on the request.
   (e) The executive officer shall place the request on the agenda of
the next meeting of the commission for which notice can be given
pursuant to this subdivision.  The executive officer shall give
notice of the consideration of the request by the commission in the
same manner as for the original proposal.  The executive officer may
give notice in any other manner as he or she deems necessary or
desirable.
   (f) At that meeting, the commission shall consider the request and
receive any oral or written testimony.  The consideration may be
continued from time to time but not to exceed 70 days from the date
specified in the notice.  The person or agency which filed the
request may withdraw it at any time prior to the conclusion of the
consideration by the commission.
   (g) At the conclusion of its consideration, the commission may
approve or disapprove with or without amendment, wholly, partially,
or conditionally, the request.  If the commission disapproves the
request, it shall not adopt a new resolution making determinations,
but shall direct the executive officer to notify the conducting
authority of its action.  If the commission approves the request,
with or without amendment, wholly, partially, or conditionally, the
commission shall adopt a resolution making determinations which shall
supersede the resolution previously issued.
   (h) The determinations of the commission shall be final and
conclusive.  No person or agency shall make any further request for
the same change or a substantially similar change, as determined by
the commission.
   (i) Notwithstanding subdivision (h), clerical errors or mistakes
may be corrected pursuant to Section 56854.
  SEC. 15.  Section 61107 of the Government Code is amended to read:

   61107.  Once the chief petitioners have filed a sufficient
petition or a legislative body has filed a resolution of application,
the local agency formation commission shall proceed pursuant to
Chapter 5 (commencing with Section 56825) of Part 3 of Division 3 of
Title 5.
  SEC. 16.  Section 65307 of the Government Code is amended to read:

   65307.  On or before October 1 of each year, the planning agency
of each city or county shall comply with the provisions of Section
65400.
  SEC. 17.  Section 65850 of the Government Code is amended to read:

   65850.  The legislative body of any county or city may, pursuant
to this chapter, adopt ordinances that do any of the following:
   (a) Regulate the use of buildings, structures, and land as between
industry, business, residences, open space, including agriculture,
recreation, enjoyment of scenic beauty, use of natural resources, and
other purposes.
   (b) Regulate signs and billboards.
   (c) Regulate all of the following:
   (1) The location, height, bulk, number of stories, and size of
buildings and structures.
   (2) The size and use of lots, yards, courts, and other open
spaces.
   (3) The percentage of a lot which may be occupied by a building or
structure.
   (4) The intensity of land use.
   (d) Establish requirements for offstreet parking and loading.
   (e) Establish and maintain building setback lines.
   (f) Create civic districts around civic centers, public parks,
public buildings, or public grounds, and establish regulations for
those civic districts.
  SEC. 18.  Section 65850.4 of the Government Code is amended to
read:
   65850.4.  (a) The legislative body of any county or city may
regulate, pursuant to a content neutral ordinance, the time, place,
and manner of operation of sexually oriented businesses, when the
ordinance is designed to serve a substantial governmental interest,
does not unreasonably limit alternative avenues of communication, and
is based on narrow, objective, and definite standards.  The
legislative body is entitled to rely on the experiences of other
counties and cities and on the findings of court cases in
establishing the reasonableness of the ordinance and its relevance to
the specific problems it addresses, including the harmful secondary
effects that the business may have on the community and its proximity
to churches, schools, residences, establishments dispensing alcohol,
and other sexually oriented businesses.
   (b) For purposes of this section, a sexually oriented business is
one whose primary purpose is the sale or display of matter that,
because of its sexually explicit nature, may, pursuant to state law
or local regulatory authority, be offered only to persons over the
age of 18 years.
   (c) This section shall not be construed to preempt the legislative
body of any city or county from regulating a sexually oriented
business or similar establishment in the manner and to the extent
permitted by the United States Constitution and the California
Constitution.
   (d) It is the intent of the Legislature to authorize the
legislative body of any city or county to enter into a legally
sanctioned and appropriate cooperative agreement, consortium, or
joint powers authority with other adjacent cities or counties
regarding regulation of established negative secondary effects of
adult or sexually oriented businesses if the actions taken by the
legislative body are consistent with this section.
   (e) The Legislature finds and declares that in order to encourage
the legislative body of a city or county in regulating adult or
sexually oriented businesses or similar businesses under this
section, the legislative body may consider any harmful secondary
effects such a business may have on adjacent cities and counties and
its proximity to churches, schools, residents, and other businesses
located in adjacent cities or counties.
  SEC. 19.  Section 65956 of the Government Code is amended to read:

   65956.  (a) If any provision of law requires the lead agency or
responsible agency to provide public notice of the development
project or to hold a public hearing, or both, on the development
project and the agency has not provided the public notice or held the
hearing, or both, at least 60 days prior to the expiration of the
time limits established by Sections 65950 and 65952, the applicant or
his or her representative may file an action pursuant to Section
1085 of the Code of Civil Procedure to compel the agency to provide
the public notice or hold the hearing, or both, and the court shall
give the proceedings preference over all other civil actions or
proceedings, except older matters of the same character.
   (b) In the event that a lead agency or a responsible agency fails
to act to approve or to disapprove a development project within the
time limits required by this article, the failure to act shall be
deemed approval of the permit application for the development
project.  However, the permit shall be deemed approved only if the
public notice required by law has occurred.  If the applicant has
provided seven days advance notice to the permitting agency of the
intent to provide public notice, then no earlier than 60 days from
the expiration of the time limits established by Sections 65950 and
65952, an applicant may provide the required public notice using the
distribution information provided pursuant to Section 65941.5.  If
the applicant chooses to provide public notice, that notice shall
include a description of the proposed development substantially
similar to the descriptions which are commonly used in public notices
by the permitting agency, the location of the proposed development,
the permit application number, the name and address of the permitting
agency, and a statement that the project shall be deemed approved if
the permitting agency has not acted within 60 days.  If the
applicant has provided the public notice required by this section,
the time limit for action by the permitting agency shall be extended
to 60 days after the public notice is provided.  If the applicant
provides notice pursuant to this section, the permitting agency shall
refund to the applicant any fees which were collected for providing
notice and which were not used for that purpose.
   (c) Failure of an applicant to submit complete or adequate
information pursuant to Sections 65943 to 65944, inclusive, may
constitute grounds for disapproving a development project.
   (d) Nothing in this section shall diminish the permitting agency's
legal responsibility to provide, where applicable, public notice and
hearing before acting on a permit application.
                                                                SEC.
20.  Section 66451.2 of the Government Code is amended to read:
   66451.2.  The local agency may establish reasonable fees for the
processing of tentative, final and parcel maps and for other
procedures required or authorized by this division or local
ordinance, but the fees shall not exceed the amount reasonably
required by such agency to administer the provisions of this
division.  The fees shall be imposed pursuant to the Mitigation Fee
Act, consisting of Chapter 5 (commencing with Section 66000), Chapter
6 (commencing with Section 66010), Chapter 7 (commencing with
Section 66012), Chapter 8 (commencing with Section 66016), and
Chapter 9 (commencing with Section 66020) of Division 1.
  SEC. 21.  Section 66458 of the Government Code is amended to read:

   66458.  (a) The legislative body shall, at the meeting at which it
receives the map or, at its next regular meeting after the meeting
at which it receives the map, approve the map if it conforms to all
the requirements of this chapter and any local subdivision ordinance
applicable at the time of approval or conditional approval of the
tentative map and any rulings made thereunder.  If the map does not
conform, the legislative body shall disapprove the map.
   (b) If the legislative body does not approve or disapprove the map
within the prescribed time, or any authorized extension thereof, and
the map conforms to all requirements and rulings, it shall be deemed
approved, and the clerk of the legislative body shall certify or
state its approval thereon.
   (c) The meeting at which the legislative body receives the map
shall be the date on which the clerk of the legislative body receives
the map.
   (d) The legislative body may provide, by ordinance, for the
approval or disapproval of final maps by the city or county engineer,
surveyor, or other designated official.  The legislative body may
also provide, by ordinance, that the official may accept, accept
subject to improvement, or reject dedications and offers of
dedications that are made by a statement on the map.  Any ordinance
adopted pursuant to this subdivision shall provide that (1) the
designated official shall notify the legislative body at its next
regular meeting after the official receives the map that the official
is reviewing the map for final approval, (2) the designated official
shall approve or disapprove the final map within 10 days following
the meeting of the legislative body that was preceded by the notice
in (4) below, (3) the designated official's action may be appealed to
the legislative body, (4) the clerk of the legislative body shall
provide notice of any pending approval or disapproval by a designated
official, which notice shall be attached and posted with the
legislative body's regular agenda and shall be mailed to interested
parties who request notice, and (5) the legislative body shall
periodically review the delegation of authority to the designated
official.  Except as specifically authorized by this subdivision, the
processing of final maps shall conform to all procedural
requirements of this division.
  SEC. 22.  Section 66498.1 of the Government Code is amended to
read:
   66498.1.  (a) Whenever a provision of this division requires that
a tentative map be filed, a vesting tentative map may instead be
filed.
   (b) When a local agency approves or conditionally approves a
vesting tentative map, that approval shall confer a vested right to
proceed with development in substantial compliance with the
ordinances, policies, and standards described in Section 66474.2.
However, if Section 66474.2 is repealed, that approval shall confer a
vested right to proceed with development in substantial compliance
with the ordinances, policies, and standards in effect at the time
the vesting tentative map is approved or conditionally approved.
   (c) Notwithstanding subdivision (b), the local agency may
condition or deny a permit, approval, extension, or entitlement if it
determines any of the following:
   (1) A failure to do so would place the residents of the
subdivision or the immediate community, or both, in a condition
dangerous to their health or safety, or both.
   (2) The condition or denial is required in order to comply with
state or federal law.
   (d) The rights conferred by this section shall expire if a final
map is not approved prior to the expiration of the vesting tentative
map.  If the final map is approved, the rights conferred by this
section shall be subject to the periods of time set forth in
subdivisions (b), (c), and (d) of Section 66498.5.
   (e) Consistent with subdivision (b), an approved or conditionally
approved vesting tentative map shall not limit a local agency from
imposing reasonable conditions on subsequent required approvals or
permits necessary for the development and authorized by the
ordinances, policies, and standards described in subdivision (b).
  SEC. 23.  Section 66498.2 of the Government Code is amended to
read:
   66498.2.  If the ordinances, policies, or standards described in
subdivision (b) of Section 66498.1 are changed subsequent to the
approval or conditional approval of a vesting tentative map, the
subdivider, or his or her assignee, at any time prior to the
expiration of the vesting tentative map pursuant to subdivisions (b),
(c), and (d) of Section 66498.5, may apply for an amendment to the
vesting tentative map to secure a vested right to proceed with the
changed ordinances, policies, or standards.  An application shall
clearly specify the changed ordinances, policies, or standards for
which the amendment is sought.
  SEC. 24.  Section 66498.3 of the Government Code is amended to
read:
   66498.3.  (a) Whenever a subdivider files a vesting tentative map
for a subdivision whose intended development is inconsistent with the
zoning ordinance in existence at that time, that inconsistency shall
be noted on the map.  The local agency may deny a vesting tentative
map or approve it conditioned on the subdivider, or his or her
designee, obtaining the necessary change in the zoning ordinance to
eliminate the inconsistency.  If the change in the zoning ordinance
is obtained, the approved or conditionally approved vesting tentative
map shall, notwithstanding subdivision (b) of Section 66498.1,
confer the vested right to proceed with the development in
substantial compliance with the change in the zoning ordinance and
the map, as approved.
   (b) The rights conferred by this section shall be for the time
periods set forth in subdivisions (b), (c), and (d) of Section
66498.5.
  SEC. 25.  Section 77202.5 of the Government Code is repealed.
  SEC. 26.  Section 4730.6 of the Health and Safety Code is amended
to read:
   4730.6.  (a) Notwithstanding Sections 4730, 4730.1, and 4730.2 or
any other provision of law, the governing board of the Ventura
Regional Sanitation District shall be a board of directors appointed
in accordance with this section.  Unless the context otherwise
indicates, as used in this section, "district" means the Ventura
Regional Sanitation District.
   (b) The legislative body of each city located wholly or partially
within the district's boundaries shall designate one of its members
to be a member of the district's board of directors.  Each
legislative body may designate one of its members as an alternate to
act in the place of its regular member in the case of the absence or
disqualification of the regular member.  An alternate member shall
have the full voting rights of the regular member.
   (c) The special district committee, which shall consist of the
presiding officers of all special districts that have a governing
board separately elected, in whole or in part, from any board of
supervisors or city council, and would be entitled to representation
on the Ventura Regional Sanitation District Board of Directors under
Section 4730.1, if that section were applicable to the Ventura
Regional Sanitation District, shall designate one separately elected
member of a board of directors of a special district represented on
the committee to be a member of the district's board of directors.
The special district committee may designate one separately elected
member as an alternate to act in the place of the regular member in
the case of the absence or disqualification of the regular member.
An alternate member shall have the full voting rights of the regular
member.
   (d) Each member of the district's board of directors shall have
one vote.
   (e) No action shall be taken at any meeting of the district's
board of directors unless a majority of all authorized members of the
board of directors is in attendance.
   (f) A majority of the members of the board of directors present
shall be required to approve or otherwise act on any matter except as
otherwise required by law.
  SEC. 26.5.  Section 13114.2 of the Health and Safety Code is
amended to read:
   13114.2.  (a) On or before January 1, 2000, the State Fire Marshal
shall adopt regulations and standards to control the quality and
installation of burglar bars and safety release mechanisms for
emergency escape/rescue windows or doors installed, marketed,
distributed, offered for sale, or sold in this state.
   (b) On and after July 1, 2000, no person shall install, market,
distribute, offer for sale, or sell burglar bars and safety release
mechanisms for emergency escape/rescue windows or doors in this state
unless the burglar bars and safety release mechanisms have been
approved by a testing laboratory recognized by the State Fire
Marshal.
   (c) As used in this section:
   (1) "Burglar bars" means security bars located on the inside or
outside of a door or window of a residential dwelling.
   (2) "Residential dwelling" means a house, apartment, motel, hotel,
or other type of residential dwelling subject to the State Housing
Law (Part 1.5 (commencing with Section 17910) of Division 13) and a
manufactured home, mobilehome, and multiunit manufactured housing as
defined in the Mobilehomes-Manufactured Housing Act of 1980 (Part 2
(commencing with Section 18000) of Division 13).
   (3) "Emergency escape/rescue windows or doors" means the exits
required by Section 1-310.4 of the 1998 edition of the California
Building Standards Code, or its successor.
  SEC. 27.  Section 13890 of the Health and Safety Code is amended to
read:
   13890.  On or before June 30 of each year, a district board shall
adopt a preliminary budget which shall conform to the accounting and
budgeting procedures for special districts contained in Subchapter 3
(commencing with Section 1031.1) of, and Article 1 (commencing with
Section 1121) of Subchapter 4 of, Chapter 2 of Division 2 of Title 2
of the California Code of Regulations.
  SEC. 28.  Section 98.02 of the Revenue and Taxation Code is amended
to read:
   98.02.  (a) In the County of Ventura, the computations made
pursuant to Section 96.1 or its predecessor section, for the 1989-90
fiscal year and each year thereafter, shall be modified as follows:
   With respect to tax rate areas, except excluded tax rate areas,
within the boundaries of a qualifying city, there shall be excluded
from the aggregate amount of "property tax revenue allocated pursuant
to this chapter to local agencies, other than for a qualifying city,
in the prior fiscal year," an amount equal to the sum of the amounts
calculated pursuant to the TEA formula.
   (b) (1) Each qualifying city shall, for the 1989-90 fiscal year
and each fiscal year thereafter, be allocated by the auditor an
amount determined pursuant to the TEA formula.
   (2) For each qualifying city, the auditor shall, for the 1989-90
fiscal year and each year thereafter, distribute the amount
determined pursuant to the TEA formula to all tax rate areas, except
excluded tax rate areas, within that city in proportion to each tax
rate area's share of the total assessed value in the city for the
applicable fiscal year, and the amount so determined shall be
subtracted from the county's proportionate share of the property tax
revenue for that fiscal year within those tax rate areas.
   (3) After making the allocations pursuant to paragraphs (1) and
(2), but before making the calculations pursuant to Section 96.5 or
its predecessor section, the auditor shall, for all tax rate areas,
except excluded tax rate areas, in the qualifying city, calculate the
proportionate share of property tax revenue allocated pursuant to
this section and Section 96.1, or their predecessor sections, in the
1989-90 fiscal year and each fiscal year thereafter to each
jurisdiction in the tax rate area.
   (4) In lieu of making the allocations of annual tax increment
pursuant to subdivision (e) of Section 96.5 or its predecessor
section, the auditor shall for the 1989-90 fiscal year and each
fiscal year thereafter, allocate the amount of property tax revenue
determined pursuant to subdivision (d) of Section 98 to jurisdictions
in the tax rate area, except an excluded tax rate area, using the
proportionate shares derived pursuant to paragraph (3).
   (5) For purposes of the calculations made pursuant to Section 96.1
or its predecessor section, in the 1990-91 fiscal year and each
fiscal year thereafter, the amounts that would have been allocated to
all tax rate areas, except excluded tax rate areas, of qualifying
cities pursuant to this subdivision shall be deemed to be the "amount
of property tax revenue allocated to those tax rate areas in the
prior fiscal year."
   (c) "TEA formula" means the Tax Equity Allocation formula, and
shall be calculated by the auditor for each qualifying city as
follows:
   (1) For the 1988-89 fiscal year and each fiscal year thereafter,
the auditor shall determine the total amount of property tax revenue
to be allocated to all jurisdictions in all tax rate areas, except
excluded tax rate areas, within the qualifying city, before the
allocation and payment of funds in that fiscal year to a community
redevelopment agency within the qualifying city, as provided in
subdivision (b) of Section 33670 of the Health and Safety Code.
   (2) The auditor shall determine the amount of funds allocated in
each fiscal year to those tax rate areas, except excluded tax rate
areas, within a community redevelopment agency in accordance with
subdivision (b) of Section 33670 of the Health and Safety Code.
   (3) (A) The auditor shall determine the total amount of funds paid
in each fiscal year by a community redevelopment agency within the
city to jurisdictions other than the city pursuant to subdivision (b)
of Section 33401 and Section 33676 of the Health and Safety Code,
and the cost to the redevelopment agency of any land or facilities
transferred and any amounts paid to jurisdictions other than the city
to assist in the construction or reconstruction of facilities
pursuant to an agreement entered into under Section 33401 or 33445.5
of the Health and Safety Code.
   (B) Of the total amount determined in subparagraph (A), the
auditor shall compute a proportionate amount to be attributed to all
tax rate areas, except excluded tax rate areas, within the community
redevelopment agency.  That proportionate amount shall be equal to
that proportion which the amount determined in paragraph (2) in each
fiscal year bears to the total amount of funds allocated in each
fiscal year to a community redevelopment agency in accordance with
subdivision (b) of Section 33670 of the Health and Safety Code.
   (4) The auditor shall subtract the amount determined in
subparagraph (B) of paragraph (3) from the amount determined in
paragraph (2).
   (5) The auditor shall subtract the amount determined in paragraph
(4) from the amount determined in paragraph (1).
   (6) The amount computed in paragraph (5) shall be multiplied by
the following percentages in order to determine the TEA formula
amount to be distributed to the qualifying city in each fiscal year:

   (A) For the first fiscal year in which the qualifying city
receives a distribution pursuant to this section, 1 percent of the
amount determined in paragraph (5).
   (B) For the second fiscal year in which the qualifying city
receives a distribution pursuant to this section, 2 percent of the
amount determined in paragraph (5).
   (C) For the third fiscal year in which the qualifying city
receives a distribution pursuant to this section, 3 percent of the
amount determined in paragraph (5).
   (D) For the fourth fiscal year and each fiscal year thereafter in
which the qualifying city receives a distribution pursuant to this
section, 4 percent of the amount determined in paragraph (5).
   (d) For purposes of this section, "excluded tax rate area" means
either of the following:
   (1) Any tax rate area included in territory annexed by the
qualifying city and allocated a prescribed percentage of property tax
revenue pursuant to an existing agreement between the qualifying
city and the county.
   (2) Any tax rate area described in paragraph (1) that was detached
from the county library district and that is also allocated an
additional prescribed percentage of property tax revenue pursuant to
an existing agreement between the qualifying city and the county.
   (e) (1) All existing agreements between the qualifying city and
the county covering the allocation of property tax revenues to tax
rate areas described in subdivision (d) shall remain in force.
   (2) All existing agreements between the qualifying city and the
county covering the allocation of property tax revenues to tax rate
areas that were detached from the county library district but are not
included in territory that was annexed by the qualifying city shall
remain in force.
   (3) All allocations to those tax rate areas described in
subdivision (d), including allocations of annual tax increments, made
pursuant to the existing agreements between the qualifying city and
the county shall be governed by subdivision (a) of Section 96.1 and
Section 96.5.
   (4) All allocations to those tax rate areas described in paragraph
(2), including allocations of annual tax increments, made pursuant
to the existing agreements between the qualifying city and the county
shall be governed by subdivision (a) of Section 96.1 and Section
96.5.  However, the tax rate areas referred to in this paragraph
shall also be distributed an amount of property tax revenue
determined pursuant to the TEA formula that is over and above the
amount allocated as provided in the preceding sentence.
   (f) "Qualifying city" means any city that incorporated prior to
June 5, 1987, and had an amount of property tax revenue allocated to
it pursuant to subdivision (a) of Section 96.1 or its predecessor
section in the 1988-89 fiscal year that is less than 4 percent of the
amount of property tax revenue computed as follows:
   (1) The auditor shall determine the total amount of property tax
revenue allocated to all tax rate areas, except excluded tax rate
areas, in the city in the 1988-89 fiscal year.
   (2) The auditor shall subtract the amount in the 1988-89 fiscal
year determined in paragraph (3) of subdivision (c) from the amount
determined in paragraph (2) of subdivision (c).
   (3) The auditor shall subtract the amount determined in paragraph
(2) from the amount of property tax revenue in paragraph (1) of
subdivision (c).
   (4) The auditor shall divide the amount of property tax revenue
determined in paragraph (1) of this subdivision by the amount of
property tax revenue determined in paragraph (3) of this subdivision.

   (5) If the quotient determined in paragraph (4) of this
subdivision is less than 0.04, the city is a qualifying city.  If the
quotient determined in that paragraph is equal to or greater than
0.04, the city is not a qualifying city.
   (g) The auditor may assess each qualifying city its proportional
share of the actual costs of making the calculations required by this
section, and may deduct that assessment from the amount allocated
pursuant to subdivision (b).  For purposes of this subdivision, a
qualifying city's proportional share of the auditor's actual costs
shall not exceed the proportion it receives of the total amounts
excluded in the county pursuant to subdivision (a).
   (h) (1) Notwithstanding subdivision (b), except as otherwise
provided in paragraph (2), in any fiscal year in which a qualifying
city receives a distribution pursuant to this section, the auditor
shall reduce the actual amount distributed to the qualifying city by
the amount of revenue not collected by the qualifying city in the
first fiscal year following the city's reduction after January 1,
1988, of the tax rate or tax base of any locally imposed general or
special tax.  The amount so computed by the auditor shall constitute
a reduction in the amount of property tax revenue distributed to the
qualifying city pursuant to this section in each succeeding fiscal
year.  That amount shall be aggregated with any additional amount
computed pursuant to this paragraph as the result of the city's
reduction in any subsequent year of the tax rate or tax base of the
same or any other locally imposed general or special tax.
   (2) No reduction shall be made pursuant to paragraph (1) in the
case in which a local tax is reduced or eliminated as a result of
either a court decision or the approval or rejection of a ballot
measure by the voters.
   (i) If the auditor determines that the amount to be distributed to
a qualifying city pursuant to subdivision (b), as modified by
subdivisions (g) and (h), would result in a qualifying city having
proceeds of taxes in excess of its appropriation limit, the auditor
shall reduce the amount, on a dollar-for-dollar basis, by the amount
that exceeds the city's appropriations limit.
   (j) Commencing with the 1999-2000 fiscal year and each fiscal year
thereafter, the auditor shall compute an amount that is equal to 60
percent of the total amount transferred to all qualifying cities
pursuant to this section.  The auditor shall certify that amount to
the Controller for allocation of funds to the county pursuant to
subdivision (a) of Section 11005.
   (k) Notwithstanding any other provision of this section, no
qualifying city shall be distributed an amount pursuant to this
section that is less than the amount the city would have been
allocated without the application of the TEA formula.
   (l) Notwithstanding any other provision of this section,
commencing with the 1994-95 fiscal year, the auditor shall not reduce
the amount distributed to a qualifying city under this section by
reason of that city becoming the successor agency to a special
district that is dissolved, merged with that city, or becomes a
subsidiary district of that city, on or after July 1, 1994.
   (m) The amount not distributed as a result of this section to the
tax rate areas, except excluded tax rate areas, in each qualifying
city shall be allocated by the auditor to the county.
  SEC. 29.  Section 99 of the Revenue and Taxation Code is amended to
read:
   99.  (a) For the purposes of the computations required by this
chapter:
   (1) In the case of a jurisdictional change, other than a city
incorporation or a formation of a district as defined in Section
2215, the auditor shall adjust the allocation of property tax revenue
determined pursuant to Section 96 or 96.1, or the annual tax
increment determined pursuant to Section 96.5, for local agencies
whose service area or service responsibility would be altered by the
jurisdictional change, as determined pursuant to subdivision (b) or
(c).
   (2) In the case of a city incorporation, the auditor shall assign
the allocation of property tax revenues determined pursuant to
Section 56842 of the Government Code and the adjustments in tax
revenues that may occur pursuant to Section 56845 of the Government
Code to the newly formed city or district and shall make the
adjustment as determined by Section 56842 in the allocation of
property tax revenue determined pursuant to Section 96 or 96.1 for
each local agency whose service area or service responsibilities
would be altered by the incorporation.
   (3) In the case of a formation of a district as defined in Section
2215, the auditor shall assign the allocation of property tax
revenues determined pursuant to Section 56842 of the Government Code
to the district and shall make the adjustment as determined by
Section 56842 in the allocation of property tax revenue determined
pursuant to Section 96 or 96.1 for each local agency whose service
area or service responsibilities would be altered by the formation.
   (b) Upon the filing of an application or a resolution pursuant to
the Cortese-Knox Local Government Reorganization Act of 1985
(Division 3 (commencing with Section 56000) of Title 5 of the
Government Code), but prior to the issuance of a certificate of
filing, the executive officer shall give notice of the filing to the
assessor and auditor of each county within which the territory
subject to the jurisdictional change is located.  This notice shall
specify each local agency whose service area or responsibility will
be altered by the jurisdictional change.
   (1) (A) The county assessor shall provide to the county auditor,
within 30 days of the notice of filing, a report which identifies the
assessed valuations for the territory subject to the jurisdictional
change and the tax rate area or areas in which the territory exists.

   (B) The auditor shall estimate the amount of property tax revenue
generated within the territory that is the subject of the
jurisdictional change during the current fiscal year.
   (2) The auditor shall estimate what proportion of the property tax
revenue determined pursuant to paragraph (1) is attributable to each
local agency pursuant to Section 96.1 and Section 96.5.
   (3) Within 45 days of notice of the filing of an application or
resolution, the auditor shall notify the governing body of each local
agency whose service area or service responsibility will be altered
by the amount of, and allocation factors with respect to, property
tax revenue estimated pursuant to paragraph (2) that is subject to a
negotiated exchange.
   (4) Upon receipt of the estimates pursuant to paragraph (3) the
local agencies shall commence negotiations to determine the amount of
property tax revenues to be exchanged between and among the local
agencies.  This negotiation period shall not exceed 60 days.
   The exchange may be limited to an exchange of property tax
revenues from the annual tax increment generated in the area subject
to the jurisdictional change and attributable to the local agencies
whose service area or service responsibilities will be altered by the
proposed jurisdictional change.  The final exchange resolution shall
specify how the annual tax increment shall be allocated in future
                                             years.
   (5) In the event that a jurisdictional change would affect the
service area or service responsibility of one or more special
districts, the board of supervisors of the county or counties in
which the districts are located shall, on behalf of the district or
districts, negotiate any exchange of property tax revenues.
   (6) Notwithstanding any other provision of law, the executive
officer shall not issue a certificate of filing pursuant to Section
56828 of the Government Code until the local agencies included in the
property tax revenue exchange negotiation, within the 60-day
negotiation period, present resolutions adopted by each such county
and city whereby each county and city agrees to accept the exchange
of property tax revenues.
   (7) In the event that the commission modifies the proposal or its
resolution of determination, any local agency whose service area or
service responsibility would be altered by the proposed
jurisdictional change may request, and the executive officer shall
grant, 15 days for the affected agencies, pursuant to paragraph (4)
to renegotiate an exchange of property tax revenues.  Notwithstanding
the time period specified in paragraph (4), if the resolutions
required pursuant to paragraph (6) are not presented to the executive
officer within the 15-day period, all proceedings of the
jurisdictional change shall automatically be terminated.
   (8) In the case of a jurisdictional change that consists of a city'
s qualified annexation of unincorporated territory, an exchange of
property tax revenues between the city and the county shall be
determined in accordance with subdivision (e) if that exchange of
revenues is not otherwise determined pursuant to either of the
following:
   (A) Negotiations completed within the applicable period or periods
as prescribed by this subdivision.
   (B) A master property tax exchange agreement among those local
agencies, as described in subdivision (d).
   For purposes of this paragraph, a qualified annexation of
unincorporated territory means an annexation, as so described, for
which proceedings before the relevant local agency formation
commission are initiated, as provided in Section 56651 of the
Government Code, on or after January 1, 1998, and on or before
January 1, 2005.
   (9) No later than the date on which the certificate of completion
of the jurisdictional change is recorded with the county recorder,
the executive officer shall notify the auditor or auditors of the
exchange of property tax revenues and the auditor or auditors shall
make the appropriate adjustments as provided in subdivision (a).
   (c) Whenever a jurisdictional change is not required to be
reviewed and approved by a local agency formation commission, the
local agencies whose service area or service responsibilities would
be altered by the proposed change, shall give notice to the State
Board of Equalization and the assessor and auditor of each county
within which the territory subject to the jurisdictional change is
located.  This notice shall specify each local agency whose service
area or responsibility will be altered by the jurisdictional change
and request the auditor and assessor to make the determinations
required pursuant to paragraphs (1) and (2) of subdivision (b).  Upon
notification by the auditor of the amount of, and allocation factors
with respect to, property tax subject to exchange, the local
agencies, pursuant to the provisions of paragraphs (4), (5), and (6)
of subdivision (b), shall determine the amount of property tax
revenues to be exchanged between and among the local agencies.
Notwithstanding any other provision of law, no such jurisdictional
change shall become effective until each county and city included in
these negotiations agrees, by resolution, to accept the negotiated
exchange of property tax revenues.  The exchange may be limited to an
exchange of property tax revenue from the annual tax increment
generated in the area subject to the jurisdictional change and
attributable to the local agencies whose service area or service
responsibilities will be altered by the proposed jurisdictional
change.  The final exchange resolution shall specify how the annual
tax increment shall be allocated in future years.  Upon the adoption
of the resolutions required pursuant to this section, the adopting
agencies shall notify the auditor who shall make the appropriate
adjustments as provided in subdivision (a).  Adjustments in property
tax allocations made as the result of a city or library district
withdrawing from a county free library system pursuant to Section
19116 of the Education Code shall be made pursuant to Section 19116
of the Education Code, and this subdivision shall not apply.
   (d) With respect to adjustments in the allocation of property
taxes pursuant to this section, a county and any local agency or
agencies within the county may develop and adopt a master property
tax transfer agreement.  The agreement may be revised from time to
time by the parties subject to the agreement.
   (e) (1) An exchange of property tax revenues that is required by
paragraph (8) of subdivision (b) to be determined pursuant to this
subdivision shall be determined in accordance with all of the
following:
   (A) The city and the county shall mutually select a third-party
consultant to perform a comprehensive, independent fiscal analysis,
funded in equal portions by the city and the county, that specifies
estimates of all tax revenues that will be derived from the annexed
territory and the costs of city and county services with respect to
the annexed territory.  The analysis shall be completed within a
period not to exceed 30 days, and shall be based upon the general
plan or adopted plans and policies of the annexing city and the
intended uses for the annexed territory.  If, upon the completion of
the analysis period, no exchange of property tax revenues is agreed
upon by the city and the county, subparagraph (B) shall apply.
   (B) The city and the county shall mutually select a mediator,
funded in equal portions by those agencies, to perform mediation for
a period of not to exceed 30 days.  If, upon the completion of the
mediation period, no exchange of property tax revenues is agreed upon
by the city and the county, subparagraph (C) shall apply.
   (C) The city and the county shall mutually select an arbitrator,
funded in equal portions by those agencies, to conduct an advisory
arbitration with the city and the county for a period of not to
exceed 30 days.  At the conclusion of this arbitration period, the
city and the county shall each present to the arbitrator its last and
best offer with respect to the exchange of property tax revenues.
The arbitrator shall select one of the offers and recommend that
offer to the governing bodies of the city and the county.  If the
governing body of the city or the county rejects the recommended
offer, it shall do so during a public hearing, and shall, at the
conclusion of that hearing, make written findings of fact as to why
the recommended offer was not accepted.
   (2) Proceedings under this subdivision shall be concluded no more
than 150 days after the auditor provides the notification pursuant to
paragraph (3) of subdivision (b), unless one of the periods
specified in this subdivision is extended by the mutual agreement of
the city and the county.  Notwithstanding any other provision of law,
except for those conditions that are necessary to implement an
exchange of property tax revenues determined pursuant to this
subdivision, the local agency formation commission shall not impose
any fiscal conditions upon a city's qualified annexation of
unincorporated territory that is subject to this subdivision.
   (f) Except as otherwise provided in subdivision (g), for the
purpose of determining the amount of property tax to be allocated in
the 1979-80 fiscal year and each fiscal year thereafter for those
local agencies that were affected by a jurisdictional change which
was filed with the State Board of Equalization after January 1, 1978,
but on or before January 1, 1979.  The local agencies shall
determine by resolution the amount of property tax revenues to be
exchanged between and among the affected agencies and notify the
auditor of the determination.
   (g) For the purpose of determining the amount of property tax to
be allocated in the 1979-80 fiscal year and each fiscal year
thereafter, for a city incorporation that was filed pursuant to
Sections 54900 to 54904 after January 1, 1978, but on or before
January 1, 1979, the amount of property tax revenue considered to
have been received by the jurisdiction for the 1978-79 fiscal year
shall be equal to two-thirds of the amount of property tax revenue
projected in the final local agency formation commission staff report
pertaining to the incorporation multiplied by the proportion that
the total amount of property tax revenue received by all
jurisdictions within the county for the 1978-79 fiscal year bears to
the total amount of property tax revenue received by all
jurisdictions within the county for the 1977-78 fiscal year.  Except,
however, in the event that the final commission report did not
specify the amount of property tax revenue projected for that
incorporation, the commission shall by October 10, determine pursuant
to Section 54790.3 of the Government Code the amount of property tax
to be transferred to the city.
   The provisions of this subdivision shall also apply to the
allocation of property taxes for the 1980-81 fiscal year and each
fiscal year thereafter for incorporations approved by the voters in
June 1979.
   (h) For the purpose of the computations made pursuant to this
section, in the case of a district formation that was filed pursuant
to Sections 54900 to 54904, inclusive, of the Government Code after
January 1, 1978, but before January 1, 1979, the amount of property
tax to be allocated to the district for the 1979-80 fiscal year and
each fiscal year thereafter shall be determined pursuant to Section
54790.3 of the Government Code.
   (i) For the purposes of the computations required by this chapter,
in the case of a jurisdictional change, other than a change
requiring an adjustment by the auditor pursuant to subdivision (a),
the auditor shall adjust the allocation of property tax revenue
determined pursuant to Section 96 or 96.1 or its predecessor section,
or the annual tax increment determined pursuant to Section 96.5 or
its predecessor section, for each local school district, community
college district, or county superintendent of schools whose service
area or service responsibility would be altered by the jurisdictional
change, as determined as follows:
   (1) The governing body of each district, county superintendent of
schools, or county whose service areas or service responsibilities
would be altered by the change shall determine the amount of property
tax revenues to be exchanged between and among the affected
jurisdictions.  This determination shall be adopted by each affected
jurisdiction by resolution.  For the purpose of negotiation, the
county auditor shall furnish the parties and the county board of
education with an estimate of the property tax revenue subject to
negotiation.
   (2) In the event that the affected jurisdictions are unable to
agree, within 60 days after the effective date of the jurisdictional
change, and if all the jurisdictions are wholly within one county,
the county board of education shall, by resolution, determine the
amount of property tax revenue to be exchanged.  If the jurisdictions
are in more than one county, the State Board of Education shall, by
resolution, within 60 days after the effective date of the
jurisdictional change, determine the amount of property tax to be
exchanged.
   (3) Upon adoption of any resolution pursuant to this subdivision,
the adopting jurisdictions or State Board of Education shall notify
the county auditor who shall make the appropriate adjustments as
provided in subdivision (a).
   (j) For purposes of subdivision (i), the annexation by a community
college district of territory within a county not previously served
by a community college district is an alteration of service area.
The community college district and the county shall negotiate the
amount, if any, of property tax revenues to be exchanged.  In these
negotiations, there shall be taken into consideration the amount of
revenue received from the timber yield tax and forest reserve
receipts by the community college district in the area not previously
served.  In no event shall the property tax revenue to be exchanged
exceed the amount of property tax revenue collected prior to the
annexation for the purposes of paying tuition expenses of residents
enrolled in the community college district, adjusted each year by the
percentage change in population and the percentage change in the
cost of living, or per capita personal income, whichever is lower,
less the amount of revenue received by the community college district
in the annexed area from the timber yield tax and forest reserve
receipts.
   (k) At any time after a jurisdictional change is effective, any of
the local agencies party to the agreement to exchange property tax
revenue may renegotiate the agreement with respect to the current
fiscal year or subsequent fiscal years, subject to approval by all
local agencies affected by the renegotiation.
  SEC. 30.  Section 4986.3 of the Revenue and Taxation Code is
amended to read:
   4986.3.  All or any portion of any uncollected tax, penalty, or
costs, heretofore or hereafter levied, and not heretofore validly
canceled, may, on satisfactory proof, be canceled by the auditor on
order of the board of supervisors with the written consent of the
district attorney if it was levied or charged on property subject to
assessment or special taxes for the payment of bonds issued under the
Improvement Bond Act of 1915 (Division 10 (commencing with Section
8500) of the Streets and Highways Code) or the Mello-Roos Community
Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311)
of Division 2 of Part 1 of Title 5 of the Government Code) where that
property was acquired after the lien date by a city on foreclosure
proceedings under the Improvement Bond Act of 1915 or the Mello-Roos
Community Facilities Act of 1982.  If a city is entitled to bring
foreclosure proceedings under the Improvement Bond Act of 1915 or the
Mello-Roos Community Facilities Act of 1982 against any property and
the city acquires the property in any other manner than by
foreclosure and the governing body of the city by resolution,
covering any number of parcels acquired, declares that the
acquisition was in lieu of acquisition under foreclosure proceedings,
that acquisition is, for the purposes of this section, an
acquisition by foreclosure proceedings under the Improvement Bond Act
of 1915 or the Mello-Roos Community Facilities Act of 1982.  This
section applies regardless of whether the property acquired by the
city is impressed with a public trust or is acquired for the purpose
of resale.  As used in this section, "city" means any city, county,
city and county, special district, school district, joint powers
authority, or any other municipal corporation, district, or political
subdivision of the state.
  SEC. 31.  Section 11005 of the Revenue and Taxation Code is amended
to read:
   11005.  (a) After payment of refunds therefrom and after making
the deductions authorized by Section 11003 and reserving the amount
determined necessary by the Pooled Money Investment Board to meet the
transfers ordered or proposed to be ordered pursuant to Section
16310 of the Government Code, commencing with the 1989-90 fiscal
year, the Controller shall deduct that amount which is necessary to
make the allocation provided for in subdivision (j) of Section 98.02.
  Eighty-one and one-quarter percent of the balance of all motor
vehicle license fees and any other money appropriated by law for
expenditure pursuant to this section and deposited to the credit of
the Motor Vehicle License Fee Account in the Transportation Tax Fund
and remaining unexpended therein at the close of business on the last
day of the calendar month shall be allocated by the Controller by
the 10th day of the following month in the manner provided by
subdivisions (c) and (d).
   (b) Eighteen and three-quarters percent of the balance shall be
allocated, as follows:
   (1) (A) Commencing with the 1988-89 fiscal year, the Controller
shall allocate to each city that existed but did not levy a property
tax in the 1977-78 fiscal year, other than for voter-approved
indebtedness, an amount equal to the total amount which each of those
cities would have received in that fiscal year pursuant to Section
25761 of the Business and Professions Code, Section 4306 of the
Public Utilities Code, and Section 26483 of this code, as if those
sections were operative in that fiscal year in the form in which they
existed on June 1, 1981.  For each fiscal year thereafter, the
Controller shall increase the amount for each city computed pursuant
to this paragraph by the percent by which the revenue to the Motor
Vehicle License Fee Account increased over the revenue for the
previous fiscal year.
   (B) (i) For each fiscal year following the 1988-89 fiscal year in
which a city subject to subparagraph (A) receives a distribution of
property tax revenue pursuant to Section 97.35, 97.37, or 97.38, the
amount to be allocated to the city pursuant to subparagraph (A) shall
be reduced by the amount of the distribution made pursuant to those
sections.
   (ii) No allocation shall be made to a city pursuant to
subparagraph (A) in the first fiscal year in which the amount
distributed to a city pursuant to Section 97.35, 97.37, or 97.38
equals or exceeds the amount that would have been allocated to that
city pursuant to subparagraph (A) or in any fiscal year thereafter.
   (iii) Any amount not allocated to a city pursuant to subparagraph
(A) as a result of the operation of this subparagraph shall be
allocated to eligible cities in accordance with clause (iv).
   (iv) Commencing with the 1989-90 fiscal year, the Controller shall
allocate the amount determined in clause (iii) for each fiscal year
to each eligible city in the proportion that the population of each
eligible city bears to total population of all eligible cities.
   For purposes of this clause, "eligible city" means any city which
incorporated prior to June 5, 1987, and had an amount of property tax
revenue allocated to it pursuant to subdivision (a) of Section 97 in
the 1987-88 fiscal year which is less than 10 percent of the amount
of property tax revenue computed for the 1987-88 fiscal year in
accordance with the method described in subdivision (c) of Section
97.35.
   The auditor shall notify the Controller of his or her
determination of those cities within the county which are eligible
cities.
   (2) Each month the Controller shall allocate the remainder of the
amount determined pursuant to this subdivision to counties and cities
and counties in an amount for each county and city and county equal
to the revenue received in the 1982-83 fiscal year pursuant to former
Section 16111, subdivision (c) of former Section 16113, and former
Section 16113.7 of the Government Code.  These amounts shall be
determined by the Controller with the concurrence of the Director of
Finance.  The Controller shall allocate any remaining amount
determined pursuant to this subdivision to counties and cities and
counties in the proportion that the population of each county or city
and county bears to the total population of all the counties and
cities and counties of the state, as determined pursuant to
subdivision (d).
   (c) Fifty percent of the payments required by subdivision (a)
shall be paid to the cities and cities and counties of this state in
the proportion that the population of each city or city and county
bears to the total population of all cities and cities and counties
in this state, as determined by the population research unit of the
Department of Finance.  For the purpose of this subdivision, the
population of each city or city and county is that determined by the
last federal decennial or special census, or a subsequent census
validated by the population research unit or subsequent estimate
prepared pursuant to Section 2107.2 of the Streets and Highways Code.
  In the case of a city incorporated subsequent to the last federal
census, or a subsequent census validated by the population research
unit, the population research unit shall determine the population of
the city.  In the case of unincorporated territory being annexed to a
city subsequent to the last federal census, or a subsequent census
validated by the population research unit, the population research
unit shall determine the population of the annexed territory by the
use of any federal decennial or special census, or estimate prepared
pursuant to Section 2107.2 of the Streets and Highways Code.  In the
case of the consolidation of one city with another subsequent to the
last federal census, or a subsequent census validated by the
population research unit, the population of the consolidated city,
for the purpose of this subdivision, is the aggregate population of
the respective cities as determined by the last federal census, or a
subsequent census or estimate validated by the population research
unit.
   (d) Fifty percent of the payments required by subdivision (a)
shall be paid to the counties and cities and counties of the state in
the proportion that the population of each county or city and county
bears to the total population of all the counties and cities and
counties of the state, as determined by the population research unit.
  For the purpose of this subdivision, the population of each county
or city and county is that determined by the last federal census, or
subsequent census validated by the population research unit, or as
determined by Section 11005.6.
   (e) Money disbursed by the Controller to cities and counties
pursuant to this section may be used for county or city purposes and
may, but need not necessarily, be used for purposes of general
interest and benefit to the state.
   (f) Population changes based on a federal special census or a
subsequent census validated by the Department of Finance shall be
accepted by the Controller only if certified to him at the request of
the city, city and county, or county for which the census was made
and shall become effective on the first day of the month following
receipt of the certification.
  SEC. 32.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   Delays by independent testing laboratories in developing standards
for the quality and installation of burglar bars and safety release
mechanisms make it impossible for the State Fire Marshal to meet the
deadlines for the adoption of regulations.  Rather than adopt poorly
researched safety standards, it is necessary to amend Section 13114.2
of the Health and Safety Code by Section 26.5 of this act to allow
sufficient time to develop standards and adopt regulations for
burglar bars and safety release mechanisms.
   Existing defaults on bonds issued by local agencies pursuant to
the Marks-Roos Community Facilities Act of 1982 have resulted in
severe economic and fiscal hardships on property owners, local
agencies, and private investors.  To speed the resolution of those
impaired investments, it is critical to amend Section 4986.3 of the
Revenue and Taxation Code by Section 30 of this act at the earliest
possible time.
  SEC. 33.  Except for Sections 26.5, 30, and 32 and this section,
the provisions of this act shall become operative on January 1, 2000.