HomeMy WebLinkAboutCity Council Position on Legilslation Pending Before Federal Council/Agency Meeting Held /6 L6
Deferred/Continued to
P(Appr ved ❑ Conditionally Approved ❑ Denied C ty Cler s Sig tune
Council Meeting Date 06/16/08 Departmen ID Number AD 08 11
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO Honorable Mayor and City Council Members
SUBMITTED BY Jill Hardy Council Member Chair on behalf of Intergovernmental Relations
Committee Members Mayor Pro Tern Keith Bohr and Councilman Don
Hansen
PREPARED BY Patricia Dapkus Department Analyst Senior
SUBJECT APPROVE A CITY COUNCIL POSITION ON LEGISLATION PENDING
BEFORE THE FEDERAL STATE OR REGIONAL GOVERNMENTS AS
RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL
RELATIONS COMMITTEE (IRC)
Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s)
Statement of Issue Approval of City Council positions as recommended by the City
Council Intergovernmental Relations Committee (IRC) on legislation or budget issues
pending before a federal state or regional government and approval of the city s federal
funding agenda for this year
Funding Source N/A
Recommended Action Motion to
1 SUPPORT A (Niello) Public Employees Retirement Fraud — as amended 5/5/08
2 SUPPORT SB 11 (Lowenthal) — Land Use Subdivision Maps — as amended 5/23/08
3 SUPPORT SB 1391 (Padilla), Water Reuse/Recycling — as amended 4/21/08
4 SUPPORT AB 28 (DeLeon), Delta Diversions — as amended 5/23/08
5 SUPPORT AB 844 (Berryhill), Junk Dealers and Recyclers Nonferrous Materials — as
amended 5/29/08
6 SUPPORT SB 227 (Harman f Silva) Legislation Related to the Huntington Beach
Readerboard — as most recently amended
Alternative Action(s)
Do not take the recommended action on one or all of the above and provide direction to
staff on a possible city position
J
AB 36 Assembly Bill - AMENDED Page 4 of 4
infraction eliminates a crime or infraction or changes the penalty
for a crime or infraction within the meaning of Section 17556 of the
Government Code or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution
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J �� ��� , vNSo &T;
SB 1185 Senate Bill - AMENDED Page 1 of 7
BILL NUMBER SB 1185 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 23 2008
AMENDED IN SENATE MAY 13 2008
AMENDED IN SENATE MAY 1 2008
AMENDED IN SENATE MARCH 24 2008
INTRODUCED BY Senator Lowenthal
(Principal coauthor Assembly Member Houston)
(Coauthor Senator Dutton)
(Coauthors Assembly Members Solorio and Walters)
FEBRUARY 12 2008
An act to amend Sections 66452 6 -1 664g2 11, 66452 13
and 66463 5 of to add Section 66452 21 to and to amend
and renumber Sections 66452 11 and 66452 12 of the Government Code
relating to land use and declaring the urgency thereof to take
effect immediately
LEGISLATIVE COUNSEL S DIGEST
SB 1185 as amended Lowenthal Land use subdivision maps
(1) The Subdivision Map Act establishes a statewide regulatory
framework for controlling the subdividing of land It generally
requires a subdivider to submit and have approved by the city
county or city and county in which the land is situated a tentative
or vesting tentative map which confers a vested right to proceed
with development in substantial compliance with specified ordinances
policies and standards The act provides for the expiration of
tentative or vesting tentative maps after specified periods of time
and specifically extends by 12 months the expiration date of any
tentative or vesting tentative map or parcel map for which a
tentative or vesting tentative map has been approved that had not
expired on May 15 1996 This extension is in addition to any other
extension of the expiration date provided for in specified provisions
of the act Any legislative administrative or other approval by
any local agency state agency or other political subdivision of the
state that pertains to a development project included in a map that
is extended is to be extended by 12 months under specified
conditions
This bill would extend the applicable expiration date to 12
months as specified for any vesting tentative map in addition to a
tentative map generally that has not expired as of the date adding
these provisions and that will expire as specified before
January 1 2011 By adding to the procedures officials in
counties cities and cities and counties must follow this bill
would impose a state-mandated local program
(2) The Subdivision Map Act provides that when a tentative map is
required an approved or conditionally approved tentative map must
expire 24 months after its approval or conditional approval or after
any additional time period as prescribed by local ordinance not to
exceed an additional 12 months A subdivider may file with the
appropriate legislative body prior to the expiration of the approved
or conditionally approved tentative map an application to extend
the time at which the map will expire for a period or periods not to
exceed a total of 5 years
This bill instead would allow the subdivider to file an
application to extend the time at which the map will expire for a
period or periods not to exceed a total of 6 years By adding to the
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SB 1185 Senate Bill - AMENDED Page 2 of 7
procedures officials in counties cities and cities and counties
must follow this bill would impose a state-mandated local program
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state Statutory provisions establish procedures for making that
reimbursement
This bill would provide that no reimbursement is required by this
act for a specified reason
(4) This bill would declare that it is to take effect immediately
as an urgency statute
Vote 2/3 Appropriation no Fiscal committee yes
State-mandated local program yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS
SECTION 1 Section 66452 6 of the Government Code is amended to
read
66452 6 (a) (1) An approved or conditionally approved tentative
map shall expire 24 months after its approval or conditional
approval or after any additional period of time as may be prescribed
by local ordinance not to exceed an additional 12 months However
if the subdivider is required to expend one hundred seventy-eight
thousand dollars ($178 000) or more to construct improve or finance
the construction or improvement of public improvements outside the
property boundaries of the tentative map excluding improvements of
public rights-of-way which abut the boundary of the property to be
subdivided and which are reasonably related to the development of
that property each filing of a final map authorized by Section
66456 1 shall extend the expiration of the approved or conditionally
approved tentative map by 36 months from the date of its expiration
as provided in this section or the date of the previously filed
final map whichever is later The extensions shall not extend the
tentative map more than 10 years from its approval or conditional
approval However a tentative map on property subject to a
development agreement authorized by Article 2 5 (commencing with
Section 65864) of Chapter 4 of Division 1 may be extended for the
period of time provided for in the agreement but not beyond the
duration of the agreement The number of phased final maps that may
be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map
(2) Commencing January 1 2005 and each calendar year thereafter
the amount of one hundred seventy-eight thousand dollars ($178 000)
shall be annually increased by operation of law according to the
adjustment for inflation set forth in the statewide cost index for
class B construction as determined by the State Allocation Board at
its January meeting The effective date of each annual adjustment
shall be March 1 The adjusted amount shall apply to tentative and
vesting tentative maps whose applications were received after the
effective date of the adjustment
(3) Public improvements ' as used in this subdivision include
traffic controls streets roads highways freeways bridges
overcrossings street interchanges flood control or storm drain
facilities sewer facilities water facilities and lighting
facilities
(b) (1) The period of time specified in subdivision (a) including
any extension thereof granted pursuant to subdivision (e) shall not
include any period of time during which a development moratorium
imposed after approval of the tentative map is in existence
However the length of the moratorium shall not exceed five years
(2) The length of time specified in paragraph (1) shall be
extended for up to three years but in no event beyond January 1
1992 during the pendency of any lawsuit in which the subdivider
asserts and the local agency which approved or conditionally
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SB 1185 Senate Bill - AMENDED Page 3 of 7
approved the tentative map denies the existence or application of a
development moratorium to the tentative map
(3) Once a development moratorium is terminated the map shall be
valid for the same period of time as was left to run on the map at
the time that the moratorium was imposed However if the remaining
time is less than 120 days the map shall be valid for 120 days
following the termination of the moratorium
(c) The period of time specified in subdivision (a) including any
extension thereof granted pursuant to subdivision (e) shall not
include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction if the stay of the time
period is approved by the local agency pursuant to this section
After service of the initial petition or complaint in the lawsuit
upon the local agency the subdivider may apply to the local agency
for a stay pursuant to the local agency' s adopted procedures Within
40 days after receiving the application the local agency shall
either stay the time period for up to five years or deny the
requested stay The local agency may by ordinance establish
procedures for reviewing the requests including but not limited to
notice and hearing requirements appeal procedures and other
administrative requirements
(d) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without
first processing a new tentative map Once a timely filing is made
subsequent actions of the local agency including but not limited
to processing approving and recording may lawfully occur after
the date of expiration of the tentative map Delivery to the county
surveyor or city engineer shall be deemed a timely filing for
purposes of this section
(e) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map
the time at which the map expires pursuant to subdivision (a) may be
extended by the legislative body or by an advisory agency authorized
to approve or conditionally approve tentative maps for a period or
periods not exceeding a total of six years The period of extension
specified in this subdivision shall be in addition to the period of
time provided by subdivision (a) Prior to the expiration of an
approved or conditionally approved tentative map upon an application
by the subdivider to extend that map the map shall automatically be
extended for 60 days or until the application for the extension is
approved conditionally approved or denied whichever occurs first
If the advisory agency denies a subdivider s application for an
extension the subdivider may appeal to the legislative body within
15 days after the advisory agency has denied the extension
(f) For purposes of this section a development moratorium
includes a water or sewer moratorium or a water and sewer
moratorium as well as other actions of public agencies which
regulate land use development or the provision of services to the
land including the public agency with the authority to approve or
conditionally approve the tentative map which thereafter prevents
prohibits or delays the approval of a final or parcel map A
development moratorium shall also be deemed to exist for purposes of
this section for any period of time during which a condition imposed
by the city or county could not be satisfied because of either of the
following
(1) The condition was one that by its nature necessitated action
by the city or county and the city or county either did not take
the necessary action or by its own action or inaction was prevented
or delayed in taking the necessary action prior to expiration of the
tentative map
(2) The condition necessitates acquisition of real property or any
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SB 1185 Senate Bill - AMENDED Page 4 of 7
interest in real property from a public agency other than the city
or county that approved or conditionally approved the tentative map
and that other public agency fails or refuses to convey the property
interest necessary to satisfy the condition However nothing in this
subdivision shall be construed to require any public agency to
convey any interest in real property owned by it A development
moratorium specified in this paragraph shall be deemed to have been
imposed either on the date of approval or conditional approval of the
tentative map if evidence was included in the public record that
the public agency which owns or controls the real property or any
interest therein may refuse to convey that property or interest or
on the date that the public agency which owns or controls the real
property or any interest therein receives an offer by the subdivider
to purchase that property or interest for fair market value
whichever is later A development moratorium specified in this
paragraph shall extend the tentative map up to the maximum period as
set forth in subdivision (b) but not later than January 1 1992 so
long as the public agency which owns or controls the real property or
any interest therein fails or refuses to convey the necessary
property interest regardless of the reason for the failure or
refusal except that the development moratorium shall be deemed to
terminate 60 days after the public agency has officially made and
communicated to the subdivider a written offer or commitment binding
on the agency to convey the necessary property interest for a fair
market value paid in a reasonable time and manner
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to ai4y—ea44eiasinaa of the date a!A OQ644alRi4
(o) !RT o4al; erappi e*a l by any
�t�to _@i4gy that ip rta, p re9eet s iae14ide4 ,- a map
that !�s e;i4@14 G4 9ki sJAai44 to r-igall bo m4@1 de by 2'
iNGN.W4_W +£_t_h�g -,ppra a has ^°e earpy!gped on the gate that 44e a"
t4 t adds th s seet;�en beeames e9€eet4_ =e
.9G. 3, SEC 2 Section 66452 11 of
the Government Code as added by Section 6 of Chapter 612 of the
Statutes of 2007 is amended and renumbered to read
66452 14 (a) Pursuant to the provisions of subparagraph (E) of
paragraph (2) of subdivision (a) of Section 66427 1 the subdivider
shall give written notice of the intent to convert 180 days prior to
the termination of tenancy in the form outlined in subdivision (b)
to each tenant of the subject property
(b) The notice shall be as follows
To the occupant (s) of
(address)
The owner(s) of this building at (address) plans to convert this
building to a (condominium community apartment or stock
cooperative project) This is a notice of the owner s intention to
convert the building to a (condominium community apartment or stock
cooperative project)
A tentative map to convert the building to a (condominium
community apartment or stock cooperative project) was approved by
the City on If the City approves a final map you may be
required to vacate the premises but that cannot happen for at least
180 days from the date this notice was served upon you
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REQUEST FOR COUNCIL ACTION
MEETING DATE 06/16/08 DEPARTMENT ID NUMBER AD 08-11
Analysis
1 SUPPORT AB 36 (Nsello) Public Employees Retirement Fraud
This bill would make it a crime for a person to make or present false material statements and
representations in connection with those retirement systems' benefits and applications as
specified or to aid or abet someone in this regard The bill would also make it a crime for a
person to knowingly accept with the intent to keep for personal benefit a payment from any
of those retirement systems with the knowledge that one was not entitled to the benefit The
bill would provide that a violation of these provisions is punishable by up to one year in a
county jail or a fine or both and restitution as specified The bill would require any
restitution order imposed to be satisfied before any criminal fine imposed may be collected,
and would further provide that its provisions are cumulative
The Intergovernmental Relations Committee is recommending that the City Council take a
position in support of AB 36
2 SUPPORT SB 1185 (Lowenthal) — Land Use Subdivision Maps
This bill is an urgency measure that assists the California economy as well as local
economies by legislatively extending for a period of 12 months the expiration date of existing
and unexpired tentative tract maps and parcel maps so that the housing contained in those
maps will not be lost due to the current economic downturn SB 1185 also authorizes (but
does not compel) a city or county upon request by a project sponsor to grant an additional
12 month extension
SB 1185 targets those maps most in peril of expiring in the near-term Any tentative map that
is in existence and has not expired by the date the bill becomes effective and that will expire
on or before January 1, 2011 will also get the benefit of the SB 1185 mandatory extension
The Intergovernmental Relations Committee is recommending that the City Council take a
position in support of SB 1185
3 SUPPORT SB 1391 (Padilla), Water Reuse/Recycling
The Porter-Cologne Water Quality Control Act establishes a statewide goal to recycle a total
of 1 000 000 acre-feet of water per year by 2010
This bill would require the State Water Resources Control Board to prepare a plan to assist
California in achieving that goal consistent with state and federal water quality laws
The Intergovernmental Relations Committee is recommending that the City Council take a
position in support of SB 1391
2 6/5/2008 9 52 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE 06/16/08 DEPARTMENT ID NUMBER AD 08-11
4 SUPPORT AB 2938 (DeLeon), Delta Diversions
Existing law requires the Department of Fish and Game to examine certain conduits and
order the owner of a conduit to install a screen when in the opinion of the department it is
necessary to prevent fish from passing into the conduit Existing law also makes it unlawful
for the owner of any conduit to refuse fail or neglect to install a screen in compliance with an
order from the department or to permit the screen to be removed except for repairs or
cleaning Existing law requires that if the department makes an order to install a screen it
shall pay the owner of the conduit 1/2 of the estimated cost of the construction or installation
of the screen
This bill would require the department, upon funding being made available in the annual
Budget Act to design and implement a prescribed fish entrainment monitoring program to
evaluate the potential effects that diversions of water from the Sacramento-San Joaquin River
Delta as defined may have on fish species residing in or migrating through, the delta
Existing law with certain exceptions requires each person who diverts water after December
31 1965 to file with the State Water Resources Control Board a prescribed statement of
diversion and use
This bill would delete an exception for diversions included in the consumptive use data for the
delta lowlands published by the department in its hydrologic data bulletins The bill would
impose a monthly record requirement commencing January 1 2010 on any surface water
diversion of any size that is within the Sacramento-San Joaquin Delta
The Orange County Water District and the Municipal Water District of Southern California
support this legislation
The Intergovernmental Relations Committee is recommending that the City Council take a
position in support of AB 2938
5 SUPPORT AB 844 (Berryhill), Junk Dealers and Recyclers Nonferrous Materials
In recent years scrap metal theft has become an increasing troublesome issue for cities
Stolen items include copper wiring and city backflow devices A large portion of these thefts
are linked to individuals who steal the metal to fund illegal activities
Existing law requires junk dealers and recyclers as defined to keep written records of all
sales and purchases made in the course of their business Existing law requires these
records to include specified information including among other things the place and date of
each sale or purchase of junk a description of the item of junk and the personal and vehicle
information of the person purchasing or transporting the junk Existing law exempts certain
purchases of scrap metals by a junk dealer or recycler from these provisions A violation of
these provisions regulating junk dealers and recyclers is a crime
This bill would prohibit a junk dealer or recycler from providing payment for nonferrous
material as defined unless the payment is made by check the check is mailed to the seller
3 6/4/2008 6 32 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE 06/16/08 DEPARTMENT ID NUMBER AD 08-11
or is provided no earlier than 3 days after the date of sale and the dealer or recycler obtains
certain identifying information as specified and a photograph of the nonferrous material to be
retained by the dealer or recycler for a certain period of time
The bill would also require a court to order a person or a junk dealer or recycler to pay
specified damages if the person is convicted of the theft of or the junk dealer or recycler is
convicted of the sale of property that has been placed on hold by a peace officer
The bill would also grant authority to a local governing body to adopt and enforce laws that
provide consumer protections greater than those in state law regulating junk dealers and
recyclers
The Intergovernmental Relations Committee is recommending that the City Council take a
position in support of AB 844
6 SUPPORT SB 227 (Harman / Silva) Legislation Related to the Huntington Beach
Readerboard
This bill would remedy an inconsistency the auto dealers readerboard has with current
Caltrans permitting requirements
The Huntington Beach readerboard has stood in its current location for over 15 years
Recently Caltrans reviewed our permit and determined that it did not conform with certain
aspects of their requirements for a permit which had changed since the time when the permit
was issued City staff has been working with Caltrans in an attempt to administratively
remedy these issues but administrative remedies have not been found thus far In order to
assure that the readerboard can remain in its current location, staff in conjunction with our
Sacramento lobbyist and with the support of Senator Harman and Assemblyman Silva has
been looking to a legislative exception The exception would be modeled after those that
have been granted to several other cities for this purpose SB 227 is the legislative vehicle for
this exception
The Intergovernmental Relations Committee is recommending that the City Council take a
position in support of SB 227 with its most recent amendments (It is anticipated that
amendments that came out of the most discussions with Caltrans will not be incorporated into
SB 227 until after this request for Council actions has been submitted )
Strategic Goals
Action on this legislation meets the strategic goal under City Services of providing quality
public services with the highest professional standards to meet community expectations and
needs, assuring that the city is sufficiently staffed and equipped overall
Environmental Status NA
4 6/4/2008 6 32 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE 06/16/08 DEPARTMENT ID NUMBER AD 08-11
Attachment(s)
Pa
0 o s ® o 0
1 AB 36 Niello Public Employees Retirement Fraud
2 SB 1185 Lowenthal — Land Use Subdivision Maps
3 SB 1391 (Padilla), Water Reuse/Recycling
4 AB 2938 (DeLeon), Delta Diversions
5 AB 844 (Berryhsll), Junk Dealers and Recyclers Nonferrous
Materials
6 SB 227 (Harman / Silva) Legislation Related to the Huntington
Beach Readerboard as amended on 05/07/08
7 Further amended language proposed for SB 227
5 6/4/2008 6 32 PM
T- �
-541
TAC � �1I I
AB 36 Assembly Bill - AMENDED Page 1 of 4
BILL NUMBER AB 36 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5 2008
INTRODUCED BY Assembly Member Niello
DECEMBER 4 2006
An act to add Section 22010 to the Education Code to add Section
31455 5 to and to add Article 3 (commencing with Section 20085) to
Chapter 1 of Part 3 of Division 5 of Title 2 of the Government Code
relating to public employees retirement
LEGISLATIVE COUNSEL S DIGEST
AB 36 as amended Niello Public employees' retirement fraud
(1) Existing law provides that it is a crime to make a knowingly
false material statement or representation for the purpose of
obtaining workers compensation or supporting or denying a workers '
compensation claim The Public Employees Retirement Law the
Teachers ' Retirement Law and the County Employees Retirement Law of
1937 prescribe the rights benefits and duties of members of the
retirement systems established by those laws
This bill would make it a crime for a person to make or present
false material statements and representations in connection with
those retirement systems' benefits and applications as specified or
to aid or abet someone in this regard The bill would also make it a
crime for a person to knowingly accept with the intent to keep for
personal benefit a payment from any of those retirement systems with
the knowledge that one was not entitled to the benefit The bill
would provide that a violation of these provisions is punishable by
up to one year in a county jail or a fine or both and restitution
as specified The bill would require any restitution order imposed
to be satisfied before any criminal fine imposed may be collected
and would further provide that its provisions are cumulative By
creating a new crime or expanding an existing crime the bill would
create a state-mandated local program
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state Statutory provisions establish procedures for making that
reimbursement
This bill would provide that no reimbursement is required by this
act for a specified reason
Vote majority Appropriation no Fiscal committee yes
State-mandated local program yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS
SECTION 1 Section 22010 is added to the Education Code to read
22010 (a) It is unlawful for a person to do any of the
following
(1) Make or cause to be made any knowingly false material
statement or material representation to knowingly fail to disclose a
material fact or to otherwise provide false information with the
intent to use it or allow it to be used to obtain receive
continue increase deny or reduce any benefit administered by this
system
(2) Present or cause to be presented any knowingly false
material statement or material representation for the purpose of
supporting or opposing an application for any benefit administered by
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AB 36 Assembly Bill - AMENDED Page 2 of 4
this system
(3) Knowingly accept or obtain payment from this system with
knowledge that the recipient is not entitled to the payment under the
provisions of this part and with the intent to retain the payment
for personal use or benefit
(4) Knowingly aid abet solicit or conspire with any person to
do an act prohibited by this section
(b) For purposes of this section statement includes but is not
limited to any oral or written application for benefits report of
family relationship report of injury or physical or mental
limitation hospital records test results physician reports or
other medical records employment records duty statements reports
of compensation or any other evidence material to the determination
of a person s initial or continued eligibility for a benefit or the
amount of a benefit administered by this system
(c) A person who violates any provision of this section is
punishable by imprisonment in a county jail not to exceed one year
or by a fine of not more than tweiaty thQuc=^' '^J @rr.
429 ^^^` o4 five thousand dollars ($5 000) or by
both that imprisonment and fine
(d) A person violating any provision of this section may be
required by the court in a criminal action to make restitution to
this system or to any other person determined by the court for the
amount of the benefit unlawfully obtained unless the court finds
that restitution or a portion of it is not in the interests of
justice Any restitution order imposed pursuant to this section shall
be satisfied before any criminal fine imposed under this section may
be collected
(e) The provisions provided by this section are cumulative and
shall not be construed as restricting the application of any other
law
SEC 2 Article 3 (commencing with Section 20085) is added to
Chapter 1 of Part 3 of Division 5 of Title 2 of the Government Code
to read
Article 3 Penalties
20085 (a) It is unlawful for a person to do any of the
following
(1) Make or cause to be made any knowingly false material
statement or material representation to knowingly fail to disclose a
material fact or to otherwise provide false information with the
intent to use it or allow it to be used to obtain receive
continue increase deny or reduce any benefit administered by this
system
(2) Present or cause to be presented any knowingly false
material statement or material representation for the purpose of
supporting or opposing an application for any benefit administered by
this system
(3) Knowingly accept or obtain payment from this system with
knowledge that the recipient is not entitled to the payment under the
provisions of this part and with the intent to retain the payment
for personal use or benefit
(4) Knowingly aid abet solicit or conspire with any person to
do an act prohibited by this section
(b) For purposes of this section "statement includes but is not
limited to any oral or written application for benefits report of
family relationship report of injury or physical or mental
limitation hospital records test results physician reports or
other medical records employment records duty statements reports
of compensation or any other evidence material to the determination
of a person's initial or continued eligibility for a benefit or the
amount of a benefit administered by this system
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AB 36 Assembly Bill - AMENDED Page 3 of 4
(c) A person who violates any provision of this section is
punishable by imprisonment in a county jail not to exceed one year
or by a fine of not more than twiaz ty
($29 QQQ) Q, five thousand dollars ($5 000) or by
both that imprisonment and fine
(d) A person violating any provision of this section may be
required by the court in a criminal action to make restitution to
this system or to any other person determined by the court for the
amount of the benefit unlawfully obtained unless the court finds
that restitution or a portion of it is not in the interests of
justice Any restitution order imposed pursuant to this section shall
be satisfied before any criminal fine imposed under this section may
be collected
(e) The provisions provided by this section are cumulative and
shall not be construed as restricting the application of any other
law
SEC 3 Section 31455 5 is added to the Government Code to read
31455 5 (a) It is unlawful for a person to do any of the
following
(1) Make or cause to be made any knowingly false material
statement or material representation to knowingly fail to disclose a
material fact or to otherwise provide false information with the
intent to use it or allow it to be used to obtain receive
continue increase deny or reduce any benefit accrued or accruing
to a person under this chapter
(2) Present or cause to be presented any knowingly false
material statement or material representation for the purpose of
supporting or opposing an application for any benefit accrued or
accruing to a person under this chapter
(3) Knowingly accept or obtain payment from a retirement system
with knowledge that the recipient is not entitled to the payment
under the provisions of this chapter and with the intent to retain
the payment for personal use or benefit
(4) Knowingly aid abet solicit or conspire with any person to
do an act prohibited by this section
(b) For purposes of this section statement includes but is not
limited to any oral or written application for benefits report of
family relationship report of injury or physical or mental
limitation hospital records test results physician reports or
other medical records employment records duty statements reports
of compensation or any other evidence material to the determination
of a person s initial or continued eligibility for a benefit or the
amount of a benefit accrued or accruing to a person under this
chapter
(c) A person who violates any provision of this section is
punishable by imprisonment in a county jail not to exceed one year
or by a fine of not more than two t;y t4guwa^d d^" =rc
($29 ^^^` five thousand dollars ($5 000) or by
both that imprisonment and fine
(d) A person violating any provision of this section may be
required by the court in a criminal action to make restitution to the
retirement system or to any other person determined by the court
for the amount of the benefit unlawfully obtained unless the court
finds that restitution or a portion of it is not in the interests
of justice Any restitution order imposed pursuant to this section
shall be satisfied before any criminal fine imposed under this
section may be collected
(e) The provisions provided by this section are cumulative and
shall not be construed as restricting the application of any other
law
SEC 4 No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
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SB 1185 Senate Bill AMENDED Page 5 of 7
Any future notice given to you to terminate your tenancy because
of the conversion cannot be effective for at least 180 days from the
date this notice was served upon you This present notice is not a
notice to terminate your tenancy it is not a notice that you must
now vacate the premises
(signature of owner or owner s
agent)
(date)
The written notices to tenants required by this section shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail
SEC 3 Section 66452 12 of
the Government Code as added by Section 7 of Chapter 612 of the
Statutes of 2007 is amended and renumbered to read
66452 15 (a) Pursuant to subparagraph (F) of paragraph (2) of
subdivision (a) of Section 66427 1 the subdivider shall give written
notice within five days after receipt of the subdivision public
report to each tenant of his or her exclusive right for at least 90
days after issuance of the subdivision public report to contract for
the purchase of his or her respective unit in the form outlined in
subdivision (b)
(b) The notice shall be as follows
To the occupant (s) of
(address)
The owner(s) of this building at (address) have received the
final subdivision report on the proposed conversion of this building
to a (condominium community apartment or stock cooperative
project) Commencing on the date of issuance of the subdivision
public report you have the exclusive right for 90 days to contract
for the purchase of your rental unit upon the same or more favorable
terms and conditions than the unit will initially be offered to the
general public
(signature of owner or owner s
agent)
(date)
The written notices to tenants required by this section shall be
deemed satisfied if the notices comply with the legal requirements
for service by mail
} a .
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SB 1185 Senate Bill - AMENDED Page 6 of 7
}, .,fi 66',1:3 - .
SEC 4 Section 66452 21 is
added to the Government Code to read
66452 21 (a) The expiration date of any tentative or vesting
tentative subdivision map or parcel map for which a tentative or
vesting tentative map as the case may be has been approved that has
not expired on the date that the act that adds this section becomes
effective and that will expire before January 1 2011
shall be extended by 12 months
(b) The extension provided by subdivision (a) shall be in addition
to any extension of the expiration date provided for in Section
66452 6 66452 11 66452 13 or 66463 5
(c) Any legislative administrative or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivision (a) shall be extended by 12
months if this approval has not expired on the date that the act
that adds this section becomes effective This extension shall be in
addition to any extension provided for in Section 66452 13
(d) For purposes of this section the determination of whether a
tentative subdivision map or parcel map expires before January 1
2011 shall count only those extensions of time pursuant to
subdivision (e) of Section 66452 6 or subdivision (e) of Section
66463 5 approved on or before the date of the act that adds this
section becomes effective and any additional time in connection with
the filing of a final map pursuant to subdivision (a) of Section
66452 6 for a map that was recorded on or before the of the act date
that adds this section becomes effective The determination shall not
include any development moratorium or litigation stay allowed or
permitted by Section 66452 6 or 66463 5
—� SEC 5 Section 66463 5 of
the Government Code is amended to read
66463 5 (a) When a tentative map is required an approved or
conditionally approved tentative map shall expire 24 months after its
approval or conditional approval or after any additional period of
time as may be prescribed by local ordinance not to exceed an
additional 12 months
(b) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no parcel map of
all or any portion of the real property included within the tentative
map shall be filed without first processing a new tentative map
Once a timely filing is made subsequent actions of the local agency
including but not limited to processing approving and recording
may lawfully occur after the date of expiration of the tentative
map Delivery to the county surveyor or city engineer shall be deemed
a timely filing for purposes of this section
(c) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map
the time at which the map expires may be extended by the legislative
body or by an advisory agency authorized to approve or conditionally
approve tentative maps for a period or periods not exceeding a total
of six years Prior to the expiration of an approved or conditionally
approved tentative map upon the application by the subdivider to
extend that map the map shall automatically be extended for 60 days
or until the application for the extension is approved conditionally
approved or denied whichever occurs first If the advisory agency
denies a subdivider s application for an extension the subdivider
may appeal to the legislative body within 15 days after the advisory
agency has denied the extension
(d) (1) The period of time specified in subdivision (a) shall not
include any period of time during which a development moratorium
imposed after approval of the tentative map is in existence
However the length of the moratorium shall not exceed five years
(2) Once a moratorium is terminated the map shall be valid for
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SB 1185 Senate Bill AMENDED Page 7 of 7
the same period of time as was left to run on the map at the time
that the moratorium was imposed However if the remaining time is
less than 120 days the map shall be valid for 120 days following the
termination of the moratorium
(e) The period of time specified in subdivision (a) including any
extension thereof granted pursuant to subdivision (c) shall not
include the period of time during which a lawsuit involving the
approval or conditional approval of the tentative map is or was
pending in a court of competent 3urisdiction if the stay of the time
period is approved by the local agency pursuant to this section
After service of the initial petition or complaint in the lawsuit
upon the local agency the subdivider may apply to the local agency
for a stay pursuant to the local agency' s adopted procedures within
40 days after receiving the application the local agency shall
either stay the time period for up to five years or deny the
requested stay The local agency may by ordinance establish
procedures for reviewing the requests including but not limited to
notice and hearing requirements appeal procedures and other
administrative requirements
(f) For purposes of this section a development moratorium shall
include a water or sewer moratorium or a water and sewer moratorium
as well as other actions of public agencies that regulate land use
development or the provision of services to the land including the
public agency with the authority to approve or conditionally approve
the tentative map which thereafter prevents prohibits or delays
the approval of a parcel map
(g) Notwithstanding subdivisions (a) (b) and (c) for the
purposes of Chapter 4 5 (commencing with Section 66498 1)
subdivisions (b) (c) and (d) of Section 66498 5 shall apply to
vesting tentative maps prepared in connection with a parcel map
except that for purposes of this section the time periods specified
in subdivisions (b) (c) and (d) of Section 66498 5 shall be
determined from the recordation of the parcel map instead of the
final map
—9ZO-9-- SEC 6 No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has
the authority to levy service charges fees or assessments
sufficient to pay for the program or level of service mandated by
this act within the meaning of Section 17556 of the Government Code
—�- SEC 7 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
In order to permit cities counties and a city and county to
preserve development applications that are set to expire and that
cannot be processed presently due to prevailing adverse economic
conditions in the construction industry it is necessary that this
act take immediate effect
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^ \~ #3,
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SB 1391 Senate Bill - AMENDED Page 1 of 3
BILL NUMBER SB 1391 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21 2008
AMENDED IN SENATE APRIL 7 2008
INTRODUCED BY Senator Padilla
FEBRUARY 21 2008
An act to add Section 1te r 13577 5
to the Water Code relating to water
LEGISLATIVE COUNSEL S DIGEST
SB 1391 as amended Padilla water systems
Recycled water
The Porter-Cologne Water Quality Control Act establishes a
statewide goal to recycle a total of 1 000 000 acre-feet of water per
year by 2010
This bill would require the State Water Resources Control Board to
prepare a plan to assist California in achieving that goal
consistent with state and federal water quality laws
'r'13e Wate,- Q4i& , ;y QQpt;,ZQJ A.Q4 ergo
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eP n„1,1 , v„-,,
laws ap t1,e Sage ;44„1L4., orate,- r„t
64at-.e ^®Fa~�me � eP a,aw. Pto
tl4e reg ,a�}ems a 6� � ��} wat+a
et gowgaa;@147
t., t Y,o Q P
depeRdab e-, sage s;a y .d G9 ,;„4jr.1i .,ter e P 41,e Po,ao,-@, cRPo
Watei; Act,
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cage ss,i4kisi4ig aatEwa AG4, Pe,- es7=e�66� wat;6r- plae�ad �"'te
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Ye6T61 e6_ ;TateY s i4et; G44bq eet t,. t1.^ ,.t^ ,a, P^1 aL, qe
Vote majority Appropriation no Fiscal committee yes
State-mandated local program no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS
SECTION 1 Section 13577 5 is added to the
Water Code to read
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SB 1391 Senate Bill - AMENDED Page 2 of 3
13577 5 The state board shall prepare a plan as soon as
feasible to assist California in achieving the water recycling goal
set forth in Section 13577 consistent with state and federal water
quality laws
-I�I�T�� Two-� s lr a s---Q
.,g T-I' e lgjAlator.
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SB 1391 Senate Bill AMENDED Page 3 of 3
"69�611at'&RG €ems , a }e j9 ,,a
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9:61NFQGQW, 4e�r-ems
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Al M N,, 'Te�#4
AB 2938 Assembly Bill - AMENDED Page 1 of 5
BILL NUMBER AB 2938 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23 2008
AMENDED IN ASSEMBLY APRIL 22 2008
AMENDED IN ASSEMBLY APRIL 8 2008
INTRODUCED BY Assembly Member De Leon
FEBRUARY 22 2008
An act to add Section 5986 5 to and to add Article 4 5
(commencing with Section 6050) to Chapter 3 of Part 1 of Division 6
of the Fish and Game Code and to amend Sections 5101 and 5103 of
the Water Code relating to fish ai; m^'"^^
LEGISLATIVE COUNSEL S DIGEST
AB 2938 as amended De Leon Water diversions fish entrainment
screening
(1) Existing law requires the Department of Fish and Game to
examine certain conduits and order the owner of a conduit to install
a screen when in the opinion of the department it is necessary to
prevent fish from passing into the conduit Existing law also makes
it unlawful for the owner of any conduit to refuse fail or neglect
to install a screen in compliance with an order from the department
or to permit the screen to be removed except for repairs or
cleaning Existing law requires that if the department makes an
order to install a screen it shall pay the owner of the conduit 1/2
of the estimated cost of the construction or installation of the
screen
Tro S@fig Water, Wade Qualmi4y and sbt ly, F!QQd C:Qi;et^sr
evaseai n'�v�esv v�aivzz seei:� e,-17 2996.r440 &AA; W4@ 6a1Q 9
, vb
q v-, vn v-, vvv' vvv iss 1es:eTarziyati!6i3 ;36i4d61 ai3d tka4 446
a4e;;@y€3Zem the sale ^Qt�;.e IzQnds shall J@@ PIAGad A- ;@ =Aegis
-,kest� on nnn nnn l h,e £..,� £
ve Sr � v v v-, v e e ee'i'a' a v a��F�}a�i6� �e ��36 8epa��me�� 8
^i aia r_^ e £ r 1;ay.7Gita
The bill would require the department upon funding being
made available in the annual Budget Act to design
and implement a prescribed fish entrainment monitoring program to
evaluate the potential effects that diversions of water from the
Sacramento-San Joaquin River Delta as defined may have on fish
species residing in or migrating through
the delta TLQ r, , j_ wa41 , , . e *� �e. r*me.* bar.64 014,
09 a 0,9j4eA, ceAd?A!jt, eY
�i3rers•�6 3 ki6i-�c" _-- },,„ •7"�sa-� ��d3ava•�s—a--^v^v�'�ez^r-^@ 44, �rvvie�vr
a 3 ai_g ae�4_i_4_tr _- e-ter
a'ser, e`'a^1®, Qua 1 4m}t
r::so sexxx W04ald aR of
s�eseY'�ae� a�ae=�=e -a 44e
}� ,,,a 41 G@ e e erg^
(2) Existing law with certain exceptions requires each person
who diverts water after December 31 1965 to file with the State
Water Resources Control Board a prescribed statement of diversion and
use
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AB 2938 Assembly Bill - AMENDED Page 2 of 5
This bill would delete an exception for diversions included in the
consumptive use data for the delta lowlands published by the
department in its hydrologic data bulletins The bill would impose a
monthly record requirement commencing January 1 2010 on any
surface water diversion of any size that is within the Sacramento-San
Joaquin Delta
Vote majority Appropriation - a6- no
Fiscal committee yes State-mandated local program no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS
SECTION 1 The Legislature finds and declares the following
(a) The entrainment of fish by an estimated 1 800 to 2 200
unscreened water diversions in the Sacramento-San Joaquin River Delta
and its watershed has been identified as a factor in the decline of
the delta smelt and other threatened endangered or at-risk aquatic
species
eg) : ex6:: ee:^:Q eae��e
6p. th.e a q @ and Gamz@ Q 9 like d,, g Qaa
,„e,a, g,@a e 19W2, T, e, to s w4 tla 9®64;ard-_ 6;80) og
Qkapvvi; 4@g Parat I ag 6 of; tko Fa si i4 G-, e r+..,ae ,-,,
r 4-6 ara ee:.,,e-, ea a ea^v 6}A;1;_6'" 8}'
TyY-61-A��}�6-tea• �--,@A
EF, �e�era, Ta tl4® 6�a® e€ tlaa ��3 e6}ems
(2) F o r. @4;o as yi8 Qu3-4_6s66}t p o r-
(oLQ1 ,1@!iA .1 ovve'vi: »e8) 94 c4agt6ig a e4 8 }3eL}6�6 6
G g t�;Q R�_Q , _„rd n_R e G G @ app i l e g,--andr�'�ee��@" *�-�o--ero
;nakg aig a£ t; ate€ aQ4; ef tl;g a,,,e and f, -1,
6e^,-tea,.• z',-•s •7, ,•6'^v:6 ^vz eenv ^vle��3}•r �43®�-E®Y 66FiA�6�-rd"' �®66-� ��'�}6'�®
z Eeemrr�e e� �- }4la reoA;Rei4 6Q2QTa£1 apace a of- Parma , 09
�6 ti r d r- o to ;Aa;4@ �o ra�k�eea}9 F-ap �^�v/a�� ar 9}_Q h-Q Q 4 ���
�a n' 'a,• "'+e 6v �.s ae`�e ee"a',evs :s';}asysa FaeG6FllFi!®i46'i43 w4t
«f 94ap4oN; 09 Pagat 1 09 P1;X4!@i!Qi4 6 09 t4e wnhgi r,1 r. "_A,
are- p, Q 9Qr by 414® 64! Lei; ioN a T-4@ ea656 e€ ,,,4O
�3e=e 6 ea6 aLaa ea!thaa sk.@�Cs lly by t4e add 4
--Q-�'}6I; and. Qam.Q, 04ar@ 944!G1 €erJayLtlig�
—494-
(b) The voters approved the Safe Drinking Water Water
Quality and Supply Flood Control River and Coastal Protection Bond
Act of 2006 (Proposition 84) which authorized the issuance of bonds
for among other purposes one hundred eighty million dollars
($180 000 000) available to the Department of Fish and Game in
consultation with the Department of Water Resources for bay-delta
and coastal fishery restoration projects
W)
(c) The Legislature intends to address the impacts of
unscreened diversions in the delta and to provide funding to support
screening of diversions in the Sacramento-San Joaquin River Delta and
its watershed and finds that the Safe Drinking Water Water Quality
and Supply Flood Control River and Coastal Protection Bond Act of
2006 would be an appropriate source for a portion of that funding
SEC 2 Section 5986 5 is added to the Fish and Game Code to
read
99g6-r,Q9 tom& 9,,, d,. ab!a -te Qauis�ea �
Q9c r.cncn g 4 n
tee_^vvsv^^ evev ^v 1�ld 1Aj2, '6' ®691}-6'®61"Adfdi 414® 61Am 6ti
to "a 09 pi sl, -1
GameyBta� eea�}9a el6 �6s�9FJ6 i
(a)..14e 6iim lag to igay 4l, state l ro
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AB 2938 Assembly Bill - AMENDED Page 3 of 5
brgeet'ei4s gel, 9PP , aiad 6Q2R 9Q;� t;j;Q
��..� � -,�-Se,,, ,-.� ^0ve_o^:ems= ^e^"6�1k'�6 �����® �'�5'"�Fli®��8-b'e�� rTAel�l�3-�l•
,i-h colt, cnGn�
I.-:ncn ybaj l ly be , l @bl o 4; Qwl4arzr. QZ 1,,,tV
ieia I-- n ^----- ="bl���rtil TD d ®�� l®gal o,,,-,*l o apt t ,a,,,or��r
5986 5 The department shall perform the duties
required by Article 4 5 (commencing with Section 6050) to the extent
funds are appropriated for purposes of that article in the annual
Budget Act
SEC 3 Article 4 5 (commencing with Section 6050) is added to
Chapter 3 of Part 1 of Division 6 of the Fish and Game Code to read
Article 4 5 Sacramento-San Joaquin Delta Diversions
6050 The department shall design and implement a fish
entrainment monitoring program to evaluate the potential effects that
diversions of water from the Sacramento-San Joaquin River Delta as
defined in Section 12220 of the Water Code may have on fish species
residing in or migrating through the delta
6051 (a) The department shall select a representative sample of
diversions in the delta either on private or public land to assess
the potential or actual effect of diversions to divert entrain
take or otherwise harm fish species including all fish species
listed as threatened or endangered under the federal Endangered
Species Act of 1973 (16 U S C Sec 1531 et seq ) or listed as an
endangered threatened or candidate species under the California
Endangered Species Act (Chapter 1 5 (commencing with Section 2050) of
Division 3)
(b) In selecting a representative sample of sites the department
shall take into account data and information including but not
limited to information in fish abundance surveys on the geographic
and temporal distribution of fish species The department shall place
a priority on selecting sampling sites that are geographically close
to areas that have been identified as having higher populations of
listed fish species
(c) The department shall to the extent feasible select sites so
that the data and information about entrainment for that site is
reflective of the entrainment potential at other sites in the
vicinity that are not sampled Sampling shall be conducted using
methods of sufficient reliability to accurately identify the type of
fish species being entrained and of sufficient frequency to
accurately assess the impact of diversions on fish species
6052 (a) In implementing the fish entrainment monitoring
program the department shall seek to minimize interference with the
diversions to which a landowner or diversion operator is legally
entitled but the department shall retain sole authority and
discretion over the design implementation and maintenance of all
aspects of the fish entrainment program and all structures
facilities and activities associated with it
(b) The department may select for the program any siphon conduit
or other diversion e;-JPed er by ai4�, Fr„=zte
}�Q" a;1�, state e;1Q l eea� eat,ty 414@ ,col
— The
.Ray assess OR; zopeR;4y as i4eededge
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AB 2938 Assembly Bill AMENDED Page 4 of 5
A;;d ;geY 94 I @i;d all
0' Q9@ 9Q , UL® 6;l^6�66�1 � }FSIy_ m® �a�'6 eZ t-ho
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works
6053 By April 1 2009 the department shall commence the fish
entrainment monitoring program in accordance with this article and
shall begin sampling at representative diversion sites The
monitoring and sampling component of the program shall be
implemented for a period of three years "„ d-6
Data and information collected from the program
including but not limited to quantitative data regarding the number
and type of fish entrained at each individual sampling location
shall be „i-,, , t, t tat; +-ro 4@i;-,gtR;o r Qh@@„ ak@
Gi4eizal ,,@ l , .,.a +... G,-..71,,-_-,, , ,.], F e by
made available to the Interagency
Ecological Program and shall be public information
;va4 (a) "'14A ba6@d Qi4 4!46—'r63y-siew 9t 4-1— ,
a^ Qaa Tr-ar4; 4146 9'61
e�bt" 6 a;;my r 6i' Q96Lzater 69 a 6-1ph8il, a,,,+ Qt-ho _
F aYt GEE eH^ �',61,^ee,.,e,.-a, ..1- mb��'�9"' .� .. �b,r�elm, ti8 6.6 fel}t;�;-®" -9f ti,�Q-Q
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rar e,—}ae� 1 ,m}%; A 4e, e�}r ^}, �i ^ U o "
q"aat}4�66 er6�}�ze Y'£'6^6, �6}' ��3966 ee���}t6 ei 6�3�=vz6•' - „-lr +-t-,-.�-
ei^a arc^Faze^ J^e 7^�6hl} 3F�6 6�i3ez6 �-��t3F}� a7� }mTd� �6-� �e1�46� 61G
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SEC 4 Section 5101 of the Water Code is amended to read
5101 Each person who after December 31 1965 diverts water
shall file with the board prior to July 1 of the succeeding year a
statement of his or her diversion and use provided however that no
statement need be filed if the diversion is any of the following
(a) From a spring that does not flow off the property on which it
is located
(b) Covered by an application permit or license to appropriate
water on file with the board
(c) Included in a notice filed pursuant to Part 5 (commencing with
Section 4999)
(d) Regulated by a watermaster appointed by the department
(e) Reported by the department in its hydrologic data bulletins
(f) Included in annual reports filed with a court or the board by
a watermaster appointed by a court or pursuant to statute to
administer a final judgment determining rights to water which
reports identify the persons who have diverted water and give the
general place of use and the quantity of water which has been
diverted from each source
(g) For use in compliance with the provisions of Article 2 5
(commencing with Section 1226) of Chapter 1 of Part 2 of this
division
SEC 5 Section 5103 of the Water Code is amended to read
5103 Each statement shall be prepared on a form provided by the
board The statement shall include all of the following information
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AB 2938 Assembly Bill - AMENDED Page 5 of 5
(a) The name and address of the person who diverted water and of
the person filing the statement
(b) The name of the stream or other source from which water was
diverted and the name of the next major stream or other body of
water to which the source is tributary
(c) The place of diversion If a public land survey has been made
location of diversion works shall be described to the nearest
40-acre subdivision If not it shall be described by reference to
nearest local landmarks or other recorded surveys
(d) The capacity of the diversion works and of the storage
reservoir if any and the months in which water was used during the
preceding calendar year
(e) (1) On and after January 1 2012 monthly records of the
amount of water diversions The measurements of the diversion shall
be made using best available technologies and best professional
practices Nothing in this paragraph shall be construed to require
the implementation of technologies or practices that are not locally
cost effective
(2) Except as specified in paragraph (3) paragraph (1) does not
apply to a surface water diversion that is outside the Sacramento-San
Joaquin Delta as defined in Section 12220 and that has a combined
diversion capacity from a natural channel that is less than 50 cubic
feet per second
(3) Commencing January 1 2010 the monthly record requirement of
paragraph (1) shall apply to any surface water diversion of any size
that is within the Sacramento-San Joaquin Delta as defined in
Section 12220
(4) (A) The terms of and eligibility for any grant or loan
awarded or administered by the department the board or the
California Bay-Delta Authority on behalf of a person that is subject
to paragraph (1) shall be conditioned on compliance with that
paragraph
(B) Notwithstanding subparagraph (A) the board may determine that
a person is eligible for a grant or loan even though the person is
not complying with paragraph (1) if both of the following apply
(1) The board determines that the grant or loan will assist the
grantee or loan recipient in complying with paragraph (1)
(11) The person has submitted to the board a one-year schedule for
complying with paragraph (1)
(C) It is the intent of the Legislature that the requirements of
this subdivision shall complement and not affect the scope of
authority granted to the board by provisions of law other than this
article
(f) For persons not subject to paragraph (1) of subdivision (e) a
description of the acreage of each crop irrigated the average
number of people served with water the average number of stock
watered and the nature and extent of any other use during the
preceding calendar year or other equivalent information that
indicates the quantity of water used as may be prescribed by the
board Those who maintain water measuring devices and keep monthly
records of water diversions shall state the quantity of water
diverted by months during the preceding calendar year
(g) The purpose of use
(h) A general description of the area in which the water was used
If the water was used on an area within the 1/16 section containing
the point of diversion a statement to that effect will suffice
otherwise a description or sketch of the general area of use shall be
given
(1) The year in which the diversion was commenced as near as is
known
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a
I
AB 844 Assembly Bill - AMENDED Page 1 of 4
BILL NUMBER AB 844 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29 2008
AMENDED IN SENATE APRIL 30 2008
AMENDED IN SENATE JUNE 26 2007
AMENDED IN SENATE JUNE 19 2007
AMENDED IN ASSEMBLY JUNE 1 2007
AMENDED IN ASSEMBLY MAY 1 2007
AMENDED IN ASSEMBLY APRIL 9 2007
INTRODUCED BY Assembly Members Berryhill and Maze
(Principal o ea;1@ . WQR; a
rlga!ana! , coauthors
Assembly Members Galgiani and Garrick )
(Principal coauthors Senators Cogdill and Maldonado)
(Coauthors Assembly Members Adams Aghazarian
Anderson Arambula Benoit
Blakeslee Cook DeVore Emmerson
Fuller Gaines Garcia Horton
Houston Huff Jeffries Keene
La Malfa Ma -a �'�a
Mullin Nakanishi Niello Parra
Plescia Sharon Runner Salas
Silva Smyth Spitzer
Strickland Tran Villines and
Walters )
Coauthors Senators
Denham and Florez )
FEBRUARY 22 2007
An act to amend Section 21609 of and to add Sections 21608 5 and
21610 to the Business and Professions Code relating to junk
dealers
LEGISLATIVE COUNSEL S DIGEST
AB 844 as amended Berryhill Junk dealers and recyclers
nonferrous material
Existing law requires junk dealers and recyclers as defined to
keep written records of all sales and purchases made in the course of
their business Existing law requires these records to include
specified information including among other things the place and
date of each sale or purchase of junk a description of the item of
junk and the personal and vehicle information of the person
purchasing or transporting the junk Existing law exempts certain
purchases of scrap metals by a junk dealer or recycler from these
provisions A violation of these provisions regulating junk dealers
and recyclers is a crime
This bill would prohibit a junk dealer or recycler from providing
payment for nonferrous material as defined unless the payment is
made by check the check is mailed to the seller or is provided no
earlier than 3 days after the date of sale and the dealer or
recycler obtains certain identifying information as specified and a
photograph of the nonferrous material to be retained by the dealer
or recycler for a certain period of time The bill would specify that
this provision does not apply if the junk dealer or recycler has on
file or receives certain information from the seller and does not
apply to the redemption of nonferrous materials of a certain value at
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AB 844 Assembly Bill - AMENDED Page 2 of 4
a recycling center as specified or to coin dealers or automobile
dismantlers The bill would require a court to order a person or a
junk dealer or recycler to pay specified damages if the person is
convicted of the theft of or the junk dealer or recycler is
convicted of the sale of property that has been placed on hold by a
peace officer The bill would also authorize a local governing body
to adopt and enforce laws that provide consumer protections greater
than those in state law regulating junk dealers and recyclers
Because a violation of the bill' s provisions would be a crime
this bill would impose a state-mandated local program
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state Statutory provisions establish procedures for making that
reimbursement
This bill would provide that no reimbursement is required by this
act for a specified reason
Vote majority Appropriation no Fiscal committee yes
State-mandated local program yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS
SECTION 1 Section 21608 5 is added to the Business and
Professions Code to read
21608 5 (a) A junk dealer or recycler in this state shall not
provide payment for nonferrous material unless in addition to
meeting the written record requirements of Sections 21605 and 21606
all of the following requirements are met
(1) The payment for the material is made by check The check may
be mailed to the seller at the address provided pursuant to paragraph
(2) or may be collected by the seller from the junk dealer or
recycler on the third business day after the date of sale
(2) The junk dealer or recycler does one of the following and
preserves the items for a period of two years after the date of sale
(A) Obtains a photograph or video of the seller a copy of a valid
driver s license or a copy of a state or federal government-issued
identification card and a gas or electric utility bill addressed to
the seller at an address other than a post office box with a payment
date no more than two months prior to the date of the sale
(B) Obtains a copy of the valid driver s license of the seller
containing a photograph and an address of the seller
(C) Obtains a copy of a state or federal government-issued
identification card containing a photograph and an address of the
seller
(3) The junk dealer or recycler obtains a photograph of the
nonferrous material being purchased and preserves the photograph for
a period of two years after the date of sale
(b) This section shall not apply if on the date of sale the junk
dealer or recycler has on file or receives all of the following
information
(1) The name physical business address and business telephone
number of the seller s business
(2) The business license number or tax identification number of
the seller s business
(3) A copy of the valid driver s license of the person delivering
the nonferrous material on behalf of the seller to the junk dealer or
the recycler
(c) This section shall not apply to the redemption of nonferrous
material having a value of not more than ten dollars ($10) in a
single transaction when the primary purpose of the transaction is
the redemption of beverage containers under the California Beverage
Container Recycling and Litter Reduction Act as set forth in
Division 12 1 (commencing with Section 14500) of the Public Resources
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AB 844 Assembly Bill AMENDED Page 3 of 4
Code
(d) This section shall not apply to coin dealers or automobile
dismantlers as defined in Section 220 of the Vehicle Code
(e) For the purposes of this section ' nonferrous material' means
copper copper alloys stainless steel or aluminum but does not
include beverage containers as defined in Section 14505 of the
Public Resources Code that are subject to a redemption payment
pursuant to Section 14560 of the Public Resources Code
SEC 2 Section 21609 of the Business and Professions Code is
amended to read
21609 (a) Whenever any peace officer has probable cause to
believe that property in the possession of a junk dealer or recycler
is stolen in lieu of seizing the property the peace officer as
defined in subdivision (b) of Section 21606 5 at his or her option
may place a hold on the property for a period not to exceed 90 days
When a peace officer places a hold on the property the peace officer
shall give the junk dealer or recycler a written notice at the time
the hold is placed describing the item or items to be held plus the
case number During that period the junk dealer or recycler shall not
release or dispose of the property except pursuant to a court order
or upon receipt of a written authorization signed by any peace
officer who is a member of the law enforcement agency of which the
peace officer placing the hold on the property is a member Except as
specifically set forth in this section a junk dealer or recycler
shall not be subject to civil liability for compliance with this
section
(b) Whenever property that is in the possession of a junk dealer
or recycler is subject to a hold and the property is required by a
peace officer in a criminal investigation the junk dealer or
recycler upon reasonable notice shall produce the property at
reasonable times and places or may deliver the property to any peace
officer upon the request of any peace officer who is a member of the
law enforcement agency of which the peace officer placing the hold on
the property is a member
(c) Whenever property that is in the possession of a junk dealer
or recycler is subject to a hold and the property is no longer
required for the purpose of criminal investigation the law
enforcement agency that placed the hold on the property shall
undertake the following
(1) With respect to the property being held if the law
enforcement agency has no knowledge of the property on hold being
reported as stolen the property shall be released upon written
notice to the junk dealer or recycler The notice shall be provided
in a timely fashion
(2) If the law enforcement agency has knowledge that the property
has been reported stolen the law enforcement agency shall notify the
person who reported the stolen property of the name and address of
the junk dealer or recycler holding the property and authorize the
release of the property to that person
The law enforcement agency that placed the property on hold shall
release the hold after 60 days -mac- have
elapsed following the delivery of the notice to the person who
reported the property stolen
(3) If a victim seeks to recover property that is subject to a
hold the junk dealer or recycler shall advise the victim of the name
and badge number of the peace officer who placed the hold on the
property and the name of the law enforcement agency of which the
officer is a member If the property is not required to be held
pursuant to a criminal prosecution the hold shall be released
(d) Upon conviction of any person for the theft of property placed
on hold pursuant to this section the court shall order the
defendant to pay the junk dealer or recycler reasonable costs for
storage of the property
(e) Upon conviction of any person for the theft of or of any junk
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AB 844 Assembly Bill AMENDED Page 4 of 4
dealer or recycler for the sale of property placed on hold pursuant
to this section the court shall order the defendant to pay the
victim for both the value of the material stolen and the reasonable
collateral damage caused in the commission of the theft
SEC 3 Section 21610 is added to the Business and Professions
Code to read
21610 Nothing in this chapter shall prevent a local governing
body from adopting and enforcing laws that provide consumer
protections greater than those set forth in this chapter
SEC 4 No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction eliminates a crime or infraction or changes the penalty
for a crime or infraction within the meaning of Section 17556 of the
Government Code or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution
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x
A-TTACIH�MiPE3,#NoT,� #,,6*----,,
SB 227 Senate Bill AMENDED Page 1 of 3
BILL NUMBER SB 227 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7 2008
AMENDED IN SENATE APRIL 30 2007
AMENDED IN SENATE MARCH 28 2007
INTRODUCED BY Senator Harman
( Coauthor Assembly Member
Silva )
FEBRUARY 13 2007
_A_Q —te @-6-d 2@"t18i4 91225 .2 tG tt,o
alatill tQ 41914r.1;QQ , ' ,} An act to add
Section 5273 6 to the Business and Professions Code relating to
outdoor advertising
LEGISLATIVE COUNSEL S DIGEST
SB 227 as amended Harman re44rse eZ gt;k4y9 eemmt }��F
Outdoor advertising redevelopment districts
The Outdoor Advertising Act regulates the placement of advertising
displays along highways The act exempts from its provisions except
provisions governing Licenses and imposing regulations certain
advertising displays that advertise the business conducted or
services rendered or goods produced or sold on the property upon
which the display is placed as specified The act provides an
exemption from specified display restrictions for advertising
displays that advertise businesses and activities developed within
the boundary limits of or as part of an individual redevelopment
agency project by authorizing those displays to be considered with
the consent of the redevelopment agency governing the project as
being on premises anywhere within the limits of the project as
specified The exemption is conditioned on among other things all
of the land in the project being contiguous or separated only by a
public highway or public facilities developed or relocated for
inclusion within the project as a part of the original redevelopment
plan
This bill would notwithstanding those provisions for the City of
Huntington Beach in Orange County extend the exemption for
redevelopment agency projects to include more than one of the agency
s project area or areas would exempt the display as being on
premises if it is anywhere within the legal boundaries of the
redevelopment agency's project area or areas and would delete the
condition that all of the land in the project be contiguous or
separated only by a public highway or public facilities
The bill would require the governing body of a redevelopment
agency within the City of Huntington Beach upon approving the
purchase lease or other authorization for the erection of an
advertising display to prepare adopt and submit to the department
an application for the issuance of a permit that at a minimum
includes a finding that the advertising display would not result in a
concentration of displays that will have a negative impact on the
safety or aesthetic quality of the community The bill also would
authorize the department to deny the application only if the proposed
structure would violate specified provisions of law or if the
display would cause a reduction in federal-aid highway funds
This bill would make certain findings and declarations regarding
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SB 227 Senate Bill - AMENDED Page 2 of 3
the inapplicability of a general statute within the meaning of
Section 16 of Article IV of the California Constitution
' , reg,,,�^ � e adgjg, ;ed se4_}a�se 69 s4;4!iGly€ems L�&Glas W 4Q
12, —a, . f;Qa;6aJqa
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r
bear a eta.
s^' eel stkidy-
Fez}t � e 2G" -'a se eel aWG,
d s4r_}e4 �e a€derQmiRlAi4minuy
t0 e^e 4jgbiJ@!1!16 tQ ea— el6eFdAm}ra E"'®d}� �A,• � }t•�
t9
Vote majority Appropriation no Fiscal committee -tee
yes State-mandated local program no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS
SECTION 1 The Legislature finds and declares all
of the following
(a) The Outdoor Advertising Act set forth in Chapter 2
(commencing with Section 5200) of Division 3 of the Business and
Professions Code regulates the placement of advertising displays
along highways and provides limited exemptions from its provisions
(b) Section 5273 of the Business and Professions Code provides a
limited exemption from certain provisions of the act by authorizing a
city to advertise in a redevelopment project with a sign located
adjacent to a highway but only if the sign is located within the
boundary limits of the redevelopment project and advertises a single
redevelopment project that is located in one contiguous area
(c) The practical effect of Section 5273 of the Business and
Professions Code is that its exemption is limited to cities that have
a project that is located adjacent to a highway
(d) The City of Huntington Beach has merged five areas into the
Huntington Beach Redevelopment Project Area and has also activated
the Southeast Coastal Redevelopment Project These redevelopment
subareas are not located in one contiguous area and have
redevelopment projects that are not located adjacent to a highway
(e) Accordingly a provision should be added to the Business and
Professions Code to authorize the City of Huntington Beach to use the
same sign to advertise all redevelopment projects that are within
the city regardless of whether the projects are contiguous to each
other or are located adjacent to a highway
SEC 2 Section 5273 6 is added to the
Business and Professions Code to read
5273 6 (a) Notwithstanding Section 5273 for the purposes of
this chapter in the City of Huntington Beach in Orange County
advertising displays that advertise those businesses and activities
developed within the boundary limits of or as part of any
redevelopment agency project area or areas may with the consent of
the redevelopment agency governing the project area be considered to
be on the premises anywhere within the legal boundaries of the
redevelopment agency's project area or areas until the completion of
the redevelopment project after which time Sections 5272 and 5405
shall apply unless an arrangement has been made for extension of the
period between the redevelopment agency and the department for good
cause
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SB 227 Senate Bill - AMENDED Page 3 of 3
(b) The governing body of a redevelopment agency in the City fo
Huntington Beach upon approving the purchase lease or other
authorization for the erection of an advertising display pursuant to
this section shall prepare adopt and submit to the department an
application for the issuance of a permit that at a minimum includes
a finding that the advertising display would not result in a
concentration of displays that will have a negative impact on the
safety or aesthetic quality of the community The department shall
only deny the application if the proposed structure violates Sections
5400 to 5405 inclusive or subdivision (d) of Section 5408 or if
the display would cause a reduction in federal-aid highway funds as
provided in Section 131 of Title 23 of the United States Code
SEC 3 Due to the unique circumstances concerning
the location of redevelopment projects in the City of Huntington
Beach in Orange County in relation to the nearest highway and the
need to advertise these projects it is necessary that an exemption
from the Outdoor Advertising Act be provided for those projects and
the Legislature finds and declares that a general statute cannot be
made applicable within the meaning of Section 16 of Article IV of the
California Constitution Tri. 9"`"44!Qi4 91299.2Ir. -•rl.-lorl }r. }"
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AwYC
AMENDMENTS TO SENATE BILL NO 227
May 29 2008
The Outdoor Advertising Act regulates the placement of advertising displays
adjacent to and within specified distances of certain highways Among other things the
Act prohibits with specified exceptions the placement of an advertising display on
property adjacent to a section of a landscaped freeway This bill would exempt from that
prohibition an advertising display used exclusively to support economic development
activities or identify projects, or products of business improvement districts or
associations located within or sponsored by the City of Huntington Beach or the
Redevelopment Agency of the City of Huntington Beach or located within any City of
Huntington Beach Redevelopment Project Areas if the display meets specified
conditions
The bill would set forth facts and declare that the provisions specified above
constitute necessary and special legislation The people of the State of California do
enact as follows
SECTION 1 The Legislature finds and declares all of the following
(a) The Outdoor Advertising Act (Chapter 2 (commencing with Section 5200)
of Division 3 of the Business and Piofessions Code) regulates the placement of
advertising displays along highways and provides limited exemptions from its provisions
07 1 198 001/22356 1
(b) The practical effect of the Outdoor Advertising Act is that its recognized
exemptions are limited to cities that have a project that is located adjacent to a highway
(c) The City of Huntington Beach has merged five areas into the Huntington
Beach Redevelopment Project Area and has also activated the Southeast Coastal
Redevelopment Project These redevelopment subareas are not located in one contiguous
area and there are redevelopment projects that are not located adjacent to a highway
(d) In 1992 pursuant to a permit issued by the Outdoor Advertising Branch of
the California Department of Transportation the Redevelopment Agency assisted with
the construction of an electronic readerboard adjacent to the 405 Freeway in Huntington
Beach Since 1992 the sign has advertised the Huntington Beach Automobile Dealers
Association and the products of its members
(e) Existing law prohibits certain automobile dealership malls in the City of
Huntington Beach from erecting advertising signs or displays on city property that is
adjacent to the freeway Other competing auto malls in Orange County, located along the
same freeway but not next to a portion of the freeway that has been designated as a
landscaped freeway are not prohibited from erecting those signs or displays This
situation puts those auto dealerships in Huntington Beach at serious competitive
disadvantage because they are not located next to a landscaped freeway
07 1198 001/22356 2
(f) Automobile dealerships located in the auto malls in the City of Huntington
Beach are the highest sales tax generators in the city In addition because those
dealerships employ several persons the auto malls provide significant other benefits to
the city s economy Accordingly the City of Huntington Beach and the Redevelopment
Agency of the City of Huntington Beach have an obligation to promote those dealerships
ability to compete with other automobile dealerships in Orange County
(g) The proposed piovision will enable the City of Huntington Beach and the
Redevelopment Agency to continue with those advertising activities that have occurred
over the past several years to promote auto dealerships in the City of Huntington Beach
SECTION 2 Section 5442 1O is added to the Business and Professions Code
to read
5442 1 Section 5440 does not apply to any advertising structure or sign if
the advertising display is used exclusively to identify development projects or products
of, business centers business improvement districts or associations located within the
jurisdiction of or sponsored by, the City of Huntington Beach or the Redevelopment
Agency of the City of Huntington Beach to support economic development actin sties if
all of the following conditions are met
(a) No other display is used by the city pursuant to this section
07 1198 001/22356 3
(b) The governing body of the city and/or agency has authorized placement of
the display by an ordinance or a resolution adopted following a duly noticed public
hearing regarding the display
(c) Placement of the display will not necessitate the immediate trimming,
pruning topping or removal of existing trees in older to make the display visible or to
improve its visibility unless done as part of the normal landscape maintenance activities
that would have been undertaken without regard to the placement of the display
(d) The display does not cause a reduction in federal aid highway funds, as
provided in Section 131 of Title 23 of the United States Code
07 1 198 001/22-)56 4
RCA ROUTING SHEET
INITIATING DEPARTMENT Administration
SUBJECT Intergovernmental Relations Recommendations
COUNCIL MEETING DATE June 16, 2008
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Ap licable
Tract Map Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases Third Party Agreements etc Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Ap licable
Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑
Not Ap licable
Bonds (If applicable) Attached ❑
Not Ap licable
Staff Report (If applicable) Attached ❑
Not Ap licable
Commission Board or Committee Report (If applicable) Attached ❑
Not Ap licable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
'EXPLANATION FOR MISSING AT7ACHIVIENTS
-.
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM
RCA Author Dapkus