BILL NUMBER: SB 275 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 7, 1999
INTRODUCED BY Committee on Local Government (Senators Rainey
(Chair), Baca, Johannessen, Monteith, Perata, Polanco, and Schiff
FEBRUARY 1, 1999
An act to amend Sections 27063 and 30063 of the
Government Code Section 13.5 of the Elections Code, to
amend Sections 6500, 6588, 27000.8, 27000.9, 27063, 30063, 37361,
61107, 65307, 65850, 65850.4, 65956, 66451.2, and 66458 of the
Government Code, to amend Section 4730.6 of the Health and Safety
Code , and to amend Section 99 of the Revenue and Taxation
Code, relating to local agencies.
LEGISLATIVE COUNSEL'S DIGEST
SB 275, as amended, Committee on Local Government. Local
Government Omnibus Act of 1999.
(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 2 or more public agencies, when
authorized by their legislative or governing bodies, to agree to
jointly exercise any power common to the contracting parties and
defines public agency for the purpose of that authority.
This bill would add to that definition of public agency any joint
powers authority formed pursuant to that authority to provide
liability insurance to local public entities.
(3) Existing law specifies that a joint exercise of powers
authority has, among other things, the power to issue bonds.
This bill, in addition, would provide that for any purpose that a
joint powers authority may execute and deliver, or cause to be
executed and delivered, certificates of deposit, it may instead issue
bonds.
(4) 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.
(5) 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.
(2)
(6) 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.
(3)
(7) 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.
(8) Existing law specifies the proceedings necessary to form a
community services district.
This bill would correct a technical error in that provision.
(9) 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.
(10) 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.
(11) Under existing law, the failure of a development project
applicant to submit complete or adequate information under the Permit
Streamling Act may be grounds for disapproving the project.
This bill would correct an obsolete cross-reference in that
provision.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known and may be cited as the
Local Government Omnibus Act of 1999.
(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. 2. 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. 3. Section 6500 of the Government Code is amended to read:
6500. As used in this article, "public agency" includes, but is
not limited to, the federal government or any federal department or
agency, this state, another state or any state department or agency,
a county, county board of education, county superintendent of
schools, city, public corporation, public district, or
regional transportation commission of this state or another
state , or any joint powers authority formed pursuant to this
article by any of the above entities for the purpose of giving effect
to the requirements of Part 6 (commencing with Section 989) of
Division 3.6 .
SEC. 4. Section 6588 of the Government Code is amended to read:
6588. In addition to other powers specified in an agreement
pursuant to Article 1 (commencing with Section 6500) and Article 2
(commencing with Section 6540), the authority may do any or all of
the following:
(a) Adopt bylaws for the regulation of its affairs and the conduct
of its business.
(b) Sue and be sued in its own name.
(c) Issue bonds, including, at the option of the authority, bonds
bearing interest, to pay the cost of any public capital improvement,
working capital, or liability or other insurance program. In
addition, for any purpose for which an authority may execute and
deliver or cause to be executed and delivered certificates of
participation in a lease or installment sale agreement with any
organization exempt from federal income taxation under Section 501(c)
(3) of the Internal Revenue Code, as amended, the authority at its
option may issue or cause to be issued bonds, rather than
certificates of participation, and enter into a loan agreement with
that organization.
(d) Engage the services of private consultants to render
professional and technical assistance and advice in carrying out the
purposes of this article.
(e) As provided by applicable law, employ and compensate bond
counsel, financial consultants, and other advisers determined
necessary by the authority in connection with the issuance and sale
of any bonds.
(f) Contract for engineering, architectural, accounting, or other
services determined necessary by the authority for the successful
development of a public capital improvement.
(g) Pay the reasonable costs of consulting engineers, architects,
accountants, and construction, land-use, recreation, and
environmental experts employed by any sponsor or participant if the
authority determines those services are necessary for the successful
development of public capital improvements.
(h) Take title to, and sell by installment sale or otherwise,
lands, structures, real or personal property, rights, rights-of-way,
franchises, easements, and other interests in lands that are located
within the state that the authority determines are necessary or
convenient for the financing of public capital improvements, or any
portion thereof.
(i) Receive and accept from any source, loans, contributions, or
grants, in either money, property, labor, or other things of value,
for, or in aid of, the construction financing, or refinancing of
public capital improvement, or any portion thereof or for the
financing of working capital or insurance programs, or for the
payment of the principal of and interest on bonds if the proceeds of
those bonds are used for one or more of the purposes specified in
this section.
(j) Make secured or unsecured loans to any local agency in
connection with the financing of capital improvement projects,
working capital or insurance programs in accordance with an agreement
between the authority and the local agency. However, no loan shall
exceed the total cost of the public capital improvements, working
capital or insurance needs of the local agency as determined by the
local agency and by the authority.
(k) Make secured or unsecured loans to any local agency in
accordance with an agreement between the authority and the local
agency to refinance indebtedness incurred by the local agency in
connection with public capital improvements undertaken and completed.
(l) Mortgage all or any portion of its interest in public capital
improvements and the property on which any project is located,
whether owned or thereafter acquired, including the granting of a
security interest in any property, tangible or intangible.
(m) Assign or pledge all or any portion of its interests in
mortgages, deeds of trust, indentures of mortgage or trust, or
similar instruments, notes, and security interests in property,
tangible or intangible, of a local agency to which the authority has
made loans, and the revenues therefrom, including payment or income
from any interest owned or held by the authority, for the benefit of
the holders of bonds issued to finance public capital improvements.
The pledge of moneys, revenues, accounts, contract rights, or rights
to payment of any kind made by or to the authority pursuant to the
authority granted in this part shall be valid and binding from the
time the pledge is made for the benefit of the pledgees and
successors thereto, against all parties irrespective of whether the
parties have notice of the claim.
(n) Lease the public capital improvements being financed to a
local agency, upon terms and conditions that the authority deems
proper; charge and collect rents therefor; terminate any lease upon
the failure of the lessee to comply with any of the obligations of
the lease; include in any lease provisions that the lessee shall have
options to renew the lease for a period or periods, and at rents as
determined by the authority; purchase or sell by an installment
agreement or otherwise any or all of the public capital improvements;
or, upon payment of all the indebtedness incurred by the authority
for the financing or refinancing of the public capital improvements,
the authority may convey any or all of the project to the lessee or
lessees.
(o) Charge and apportion to local agencies that benefit from its
services the administrative costs and expenses incurred in the
exercise of the powers authorized by this article. These fees shall
be set at a rate sufficient to recover, but not exceed, the authority'
s costs of issuance and administration. The fee charged to each
local obligation acquired by the pool shall not exceed that
obligation's proportionate share of those costs. The level of these
fees shall be disclosed to the California Debt Advisory Commission
pursuant to Section 6599.1.
(p) Issue, obtain, or aid in obtaining, from any department or
agency of the United States or of the state, or any private company,
any insurance or guarantee to, or for, the payment or repayment of
interest or principal, or both, or any part thereof, on any loan,
lease, or obligation or any instrument evidencing or securing the
same, made or entered into pursuant to this article.
(q) Notwithstanding any other provision of this article, enter
into any agreement, contract, or any other instrument with respect to
any insurance or guarantee; accept payment in the manner and form as
provided therein in the event of default by a local agency; and
assign any insurance or guarantee that acts as security for the
authority's bonds.
(r) Enter into any agreement or contract, execute any instrument,
and perform any act or thing necessary, convenient, or desirable to
carry out any power authorized by this article.
(s) Invest any moneys held in reserve or sinking funds, or any
moneys not required for immediate use or disbursement, in obligations
that are authorized by law for the investment of trust funds.
(t) At the request of affected local agencies, combine and pledge
revenues to public capital improvements for repayment of one or more
series of bonds issued pursuant to this article.
(u) Delegate to any of its individual parties or other responsible
individuals the power to act on its behalf subject to its general
direction, guidelines, and oversight.
(v) Purchase, with the proceeds of its bonds or its revenue, bonds
issued by any local agency at public or negotiated sale. Bonds
purchased pursuant to this subdivision may be held by the authority
or sold to public or private purchasers at public or negotiated sale,
in whole or in part, separately or together with other bonds issued
by the authority.
(w) Set any other terms and conditions on any purchase or sale
pursuant to this section as it deems by resolution to be necessary,
appropriate, and in the public interest, in furtherance of the
purposes of this article.
SEC. 5. 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
or , public finance or both
, 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. 6. 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 or ,
public finance, or both 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. 7. 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. 3.
SEC. 8. 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. 4.
SEC. 9. 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.
(e)
(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
(d) (c) . This subdivision and
subdivision (d) shall apply to a charter city.
SEC. 10. 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 or
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. 11. 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
34217 65400 .
SEC. 12. 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.
(g) (1) Regulate, pursuant to a content neutral zoning 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 the business may have on the community and
its proximity to churches, schools, residences, establishments
dispensing alcohol, and other sexually oriented businesses.
(2) 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.
(3) This subdivision 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.
SEC. 13. 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 subdivision (g) of
Section 65850 this section .
(b)
(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
subdivision (g) of Section 65850 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. 14. 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 65946
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. 15. 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 Chapter 13
(commencing with Section 54990) of Part 1 of Division 2 of Title 5
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. 16. 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. 17. 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 independent special district committee,
which shall consist of the presiding officers of all
independent special districts which
that have a governing board separately elected , in whole
or in part, from any board of supervisors or city council
, and which 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
an independent a special district represented on
the committee to be a member of the district's board of directors.
The independent special district committee may
designate one such 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. 18. 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.