2010 California Code
Government Code
Article 4. Miscellaneous

53060.  The legislative body of any public or municipal corporation
or district may contract with and employ any persons for the
furnishing to the corporation or district special services and advice
in financial, economic, accounting, engineering, legal, or
administrative matters if such persons are specially trained and
experienced and competent to perform the special services required.
   The authority herein given to contract shall include the right of
the legislative body of the corporation or district to contract for
the issuance and preparation of payroll checks.
   The legislative body of the corporation or district may pay from
any available funds such compensation to such persons as it deems
proper for the services rendered.



53060.1.  (a) It is the intent of the Legislature in enacting this
section, to provide a uniform limit on the retirement benefits for
the members of the legislative bodies of all political subdivisions
of the state, including charter cities and charter counties. The
Legislature finds and declares that uneven, conflicting, and
inconsistent retirement benefits for legislative bodies distort the
statewide system of intergovernmental finance. The Legislature
further finds and declares that the inequities caused by these
problems extend beyond the boundaries of individual public agencies.
   Therefore, the Legislature finds and declares that these problems
are not merely municipal affairs or matters of local interest and
that they are truly matters of statewide concern that require the
direct attention of the state government. In providing a uniform
limit on the retirement benefits for the legislative bodies of all
political subdivisions of the state, the Legislature has provided a
solution to a statewide problem that is greater than local in its
effect.
   (b) Notwithstanding any other provision of law, the retirement
benefits of any member of a legislative body of any city, including a
charter city, county, including a charter county, city and county,
special district, school district, or any other political subdivision
of the state shall be no greater than that received by nonsafety
employees of that public agency. In the case of agencies with
different benefit structures, the benefits of members of the
legislative body shall not be greater than the most generous schedule
of benefits being received by any category of nonsafety employees.
   (c) Notwithstanding any other provision of law, members of the
legislative body of a city, including a charter city, county,
including a charter county, city and county, special district, school
district, or any other political subdivision of the state shall not
be eligible to accrue multiple retirement benefits greater than the
most generous schedule of benefits being received by any category of
nonsafety employees from two or more public agencies for concurrent
service except in the case of a member who serves as a regular
full-time employee in a separate public agency.
   (d) This section shall be applicable to any member of a
legislative body whose first service commences on and after January
1, 1995.


53060.3.  (a) Every employee of a local agency has the right to
inspect personnel records pursuant to Section 1198.5 of the Labor
Code.
   (b) As used in this section:
   (1) "City" means any city or municipal corporation, whether
general law city or charter city.
   (2) "County" means any county, whether general law county or
charter county, including a city and county.
   (3) "Local agency" means any city, county, city and county,
special district, authority, community redevelopment agency, or other
political subdivision of the state.



53060.5.  The term "district," as used in this section, means a
district, public authority, public agency, and any other political
subdivision or public corporation in the state, but does not include
the state or a county, city and county, or city.
   Any district, directly or through a representative, may attend the
Legislature or any other legislative body, including Congress, and
any committees thereof and present information to aid the passage of
legislation which the district deems beneficial to the district or to
prevent the passage of legislation which the governing board of the
district deems detrimental to the district. The cost and expense
incident thereto are proper charges against the district. Such
districts may enter into and provide for participation in the
business of associations and through a representative of the
associations attend the Legislature, or any other legislative body,
including Congress, and any committees thereof, and present
information to aid the passage of legislation which the association
deems beneficial to the districts in the association, or to prevent
the passage of legislation which the association deems detrimental to
the districts in the association. The cost and expense incident
thereto are proper charges against the districts comprising the
association.
   Each member of the district board engaging in such activities on
behalf of the district shall be allowed eleven cents ($0.11) per
mile, without any constructive mileage, for his expenses of traveling
necessarily done by automobile, and his actual traveling expenses
when he travels by public conveyance.



53060.7.  (a) The Legislature hereby finds and declares the
following:
   (1) That police protection is an essential service for the
protection of life and property and necessary to ensure the orderly
conduct of society.
   (2) Cities and counties have been the traditional law enforcement
providers in the state.
   (3) Some special districts have been granted statutory
authorization to perform police protection activities. These
districts include the Bear Valley Community Services District, the
Broadmoor Police Protection District, the Kensington Police
Protection and Community Services District, the Lake Shastina
Community Services District, and the Stallion Springs Community
Services District.
   (4) These districts are authorized to perform the same police
protection duties and functions as cities and counties.
   (5) These districts wholly supplant the law enforcement functions
of the county within the jurisdiction of that district.
   (6) These districts employ peace officers, as described in Section
830.1 of the Penal Code, who are certified as meeting those
standards and requirements adopted pursuant to Article 2 (commencing
with Section 13510) of Chapter 1 of Title 4 of Part 4 of the Penal
Code.
   (7) These districts are eligible to receive state funding pursuant
to the following:
   (A) Section 30061 (Citizen's Option for Public Safety Program
(COPS)).
   (B) Section 29550.4 (booking fee reimbursement).
   (C) Item 9210-106-0001 of the Budget Act of 2001 (technology
grants).
   (b) The Legislature hereby recognizes the importance of the
agencies identified in subdivision (a) in performing essential police
protection services within these agencies' respective communities
and, in enacting laws, shall attempt to encourage funding equity
among all local law enforcement agencies for public safety purposes.




53061.  The legislative body of a city, county, or fire protection
district may expend money for the payment of contributions to a
retirement system authorized to do business in the State for
retirement benefits to volunteer or paid firemen of the fire
department. For the purposes of determining such contributions the
compensation of such firemen shall be either the compensation
actually paid or that provided by Section 4458 of the Labor Code,
whichever is greater. The legislative body may by ordinance provide
for the conditions of retirement and may contract with such
retirement system as provided in the ordinance. The authority granted
by this section shall not be construed as a limitation on any powers
heretofore or hereafter granted to the legislative body of a city,
county, or fire protection district to provide for the retirement of
volunteer or paid firemen.


53062.  Whenever any notice or other communication is required by
law to be mailed by registered mail to or by any county, city or
district, or any officer or agency thereof, the mailing of such
notice or other communication by certified mail shall be deemed to be
a sufficient compliance with the requirements of such law.




53063.  Any county, city, city and county, district, authority or
other public corporation or agency which has the power to produce,
conserve, control or supply water for beneficial purposes shall have
the power to engage in practices designed to produce, induce,
increase or control rainfall or other precipitation for the general
benefit of the territory within it.



53064.  Notwithstanding any other provision of law, in the event
there are two or more identical lowest or highest bids, as the case
may be, submitted to a local agency for the purchase, sale, or lease
of real property, supplies, materials, equipment, services, bonds, or
the awarding of any contract, pursuant to a provision requiring
competitive bidding, the local agency may determine by lot which bid
shall be accepted. "Local agency" shall include any city, county,
city and county, or public district.



53064.5.  No local agency furnishing water for residential use to a
tenant shall seek to recover any charges or penalties for the
furnishing of water to or for the tenant's residential use from any
subsequent tenant on account of nonpayment of charges by a previous
tenant. The local agency may, however, require that service to
subsequent tenants be furnished on the account of the landlord or
property owner.



53065.  The provisions of law (except Section 25256 of this code)
relating to budgets and other fiscal matters except borrowing which
apply to counties shall also apply to any district, whose governing
body is the board of supervisors or for which county fiscal officers
are ex officio fiscal officers, except that this section shall not
apply:
   (a) To school districts;
   (b) To districts including two or more counties;
   (c) Where such matters are otherwise provided by law.




53065.5.  Each special district, as defined by subdivision (a) of
Section 56036, shall, at least annually, disclose any reimbursement
paid by the district within the immediately preceding fiscal year of
at least one hundred dollars ($100) for each individual charge for
services or product received. "Individual charge" includes, but is
not limited to, one meal, lodging for one day, transportation, or a
registration fee paid to any employee or member of the governing body
of the district. The disclosure requirement shall be fulfilled by
including the reimbursement information in a document published or
printed at least annually by a date determined by that district and
shall be made available for public inspection.




53066.  (a) Any city or county or city and county in the State of
California may, pursuant to such provisions as may be prescribed by
its governing body, authorize by franchise or license the
construction of a community antenna television system. In connection
therewith, the governing body may prescribe such rules and
regulations as it deems advisable to protect the individual
subscribers to the services of such community antenna television
system.
   (b) The award of the franchise or license may be made on the basis
of quality of service, rates to the subscriber, income to the city,
county or city and county, experience and financial responsibility of
the applicant plus any other consideration that will safeguard the
local public interest, rather than a cash auction bid.
   (c) The maximum franchise fee for any franchise or license
hereafter awarded pursuant to this section or pursuant to any
ordinance adopted under authority of this section by any city or
county or city and county shall be 5 percent of the grantee's gross
receipts from its operations within such city or county or city and
county. Intrastate telecommunications services subject to taxation
under Part 22 (commencing with Section 44000) of Division 2 of the
Revenue and Taxation Code shall not be included, prior to July 1,
1988, in the gross receipts subject to any cable television franchise
fee.
   (d) Any cable television franchise or license awarded by a city or
county or city and county pursuant to this section may authorize the
grantee thereof to place wires, conduits and appurtenances for the
community antenna television system along or across such public
streets, highways, alleys, public properties, or public easements of
said city or county or city and county. Public easements, as used in
this section, shall include but shall not be limited to any easement
created by dedication to the city or county or city and county for
public utility purposes or any other purpose whatsoever.
   (e) No person may commence the construction of a cable television
system without a franchise or license granted by the city, county, or
city and county in which the cable television system will operate.



53066.01.  Notwithstanding the provisions of Section 53066, with
respect to any franchise which becomes effective on or after January
1, 1984, the initial franchise fee payment shall not be paid or be
made payable in advance for any period of operation which occurs more
than 12 months following the date upon which initial payment is
made, except that in the case of a joint powers agency which includes
a county, or any portion thereof, and one or more cities, formed for
purposes of issuing and administering one or more cable television
franchises for a community antenna system in an area comprising more
than 300,000 households, there may be an advance payment of franchise
fees for purposes of the initial preparation, execution,
administration, and supervision of the franchise documents and
construction of the community antenna system, which payment shall not
exceed eight hundred thousand dollars ($800,000).
   Any advance payment of a franchise fee shall be credited against a
franchise fee which subsequently becomes payable. No payment of
franchise fees, other than the initial payment, may be made in
advance.



53066.2.  (a) In awarding a cable television franchise pursuant to
Section 53066, a city, county, or city and county shall assure that
access to cable service is not denied to any group of potential
residential cable subscribers because of the income of the residents
of the local area in which the group resides.
   (b) Nothing in subdivision (a) authorizes a city, county, or city
and county to require a cable operator to build a line extension to a
home which may be too remote and where the cost to wire is
substantially above the average cost of providing cable television
service in that community.
   (c) Any city, county, or city and county may consider that a
franchise is abandoned and may take appropriate action, including
revocation of a franchise agreement, after notice and an opportunity
for hearing has been given to the franchisee, if it reasonably
determines that the franchise has denied cable service to a group of
residents because of the income of the residents of the local area in
which the group resides in violation of subdivision (a).



53066.3.  (a) If a city, county, or city and county elects to grant
an additional cable television franchise in an area where a franchise
has already been granted to a cable television operator, it shall do
so only after a public hearing noticed pursuant to Section 6066, in
a newspaper of general circulation as defined in Section 6000, where
all of the following have been considered:
   (1) Whether there will be significant positive or negative impacts
on the community being served.
   (2) Whether there will be an unreasonable adverse economic or
aesthetic impact upon public or private property within the area.
   (3) Whether there will be an unreasonable disruption or
inconvenience to existing users, or any adverse effect on future use,
of utility poles, public easements, and the public rights-of-way
contrary to the intent of Section 767.5 of the Public Utilities Code.
   (4) Whether the franchise applicant has the technical and
financial ability to perform.
   (5) Whether there is any impact on the franchising authority's
interest in having universal cable service.
   (6) Whether other societal interests generally considered by
franchising authorities will be met.
   (7) Whether the operation of an additional cable television system
in the community is economically feasible.
   (8) Such other additional matters, both procedural and
substantive, as the franchising authority may determine to be
relevant.
   (b) Nothing in this section prevents any city, county, or city and
county from considering the approval or denial of an additional
cable service franchise in any area of the city, county, or city and
county, subject to compliance with subdivision (d), or the imposing
of additional terms and conditions upon the granting of the
franchise, as the city, county, or city and county determines is
necessary or appropriate.
   (c) The city, county, or city and county shall make a final
determination as to whether to grant the additional franchise within
six months of the application date unless the jurisdiction can
establish that the applicant has unreasonably delayed proceedings
designed to consider the matters set forth in paragraphs (1) to (8),
inclusive, of subdivision (a).
   (d) Any additional franchise granted to provide cable television
service in an area in which a franchise has already been granted and
where an existing cable operator is providing service or certifies to
the franchising authority that it is ready, willing, and able to
provide service, shall require the franchisee to wire and serve the
same geographical area within a reasonable time and in a sequence
which does not discriminate against lower income or minority
residents, and shall contain the same public, educational, and
governmental access requirements that are set forth in the existing
franchise. This subdivision does not apply where all existing cable
operators certify to the franchising authority that they do not
intend to provide service within a reasonable time to the area to be
initially served by the additional franchise.



53066.4.  Every cable television system operating under a franchise
or license awarded pursuant to Section 53066 shall, by July 1, 1984,
and thereafter, offer to make a lockbox available to each of its
subscribers. The monthly service charge for a lockbox shall not
exceed fifty cents ($0.50), except that on January 1, 1985, and
annually thereafter, the maximum monthly service charge shall be
increased by an amount equal to the percentage increase in the
Consumer Price Index.
   A city, county, or city and county is not precluded by this or any
other provision of law from requiring, as a condition to the
granting of a franchise, that a cable television system make
lockboxes available to subscribers without charge.
   For purposes of this section, a "lockbox" is a parental control
device, either in the form of a separate unit or incorporated into a
descrambler or other piece of equipment used to provide cable
television service, which is made operational by a key or by a code,
and which enables the subscriber to prevent the viewing of any pay
channel offering adult programming.



53066.5.  Unless a cable television system operating under a
franchise granted pursuant to Section 53066 incorporates technology
to prevent unwanted reception of audio and video signals from
occurring under normal operating conditions, the system shall provide
a written statement to all new subscribers advising them that audio
or video signals, or both, may be present on certain channels to
which they do not subscribe.



53067.  (a) The Legislature finds and declares the following:
   (1) That trees and other woody plants respond in specific and
predictable ways to pruning and other maintenance practices.
   (2) That careful scientific studies indicate that arboriculture
practices including, but not limited to, "topping" are often
misunderstood and misapplied.
   (3) That the results of the 1988 California urban forestry survey
prepared by Plant Science and Research for the California Department
of Forestry and Fire Protection's Urban Forestry Program summarizes
that an estimated 5.9 million street trees are managed by California
cities of which approximately 30 percent of the cities and 20
counties do not have tree ordinances of any kind. That in 1988 an
estimated one hundred nine million dollars ($109,000,000) statewide
was spent on municipal tree maintenance, less than 1 percent of most
city and county budgets, with an average of sixteen dollars and 82
cents ($16.82) per street and park tree per year and an average of
four dollars and 68 cents ($4.68) per resident per year. California's
city governments support urban forestry. Support for tree programs
is highest in communities where citizens are involved.
   Conclusions of the urban forestry survey state that most cities
need an aggressive tree planting program to maintain tree densities
at current levels, to keep pace with urban growth, increase species
diversity, maintain the health and vigor of their trees, and put more
effort into long-term master planning of urban forests. To derive
the maximum ecological benefit from the urban forest, the current
trend towards planting smaller trees will need to be reversed.
Counties lag far behind cities in urban forestry efforts. Most tree
programs need to put greater emphasis on educating the public on the
benefits the urban forest provides. A healthy flourishing urban
forest cannot be developed and maintained without foresight, proper
care, and good management.
   (4) That the California Department of Forestry and Fire Protection
Guidelines for Developing and Evaluating Tree Ordinances 1991
publications states that an ordinance shall be developed for the
purpose of prohibiting topping of public and private trees. Topping
is the practice of cutting back large diameter branches of a mature
tree to stubs and is a particularly destructive pruning practice. It
is stressful to mature trees, and may result in reduced vigor,
decline, or even death of trees. In addition, new branches that form
below the cuts are only weakly attached to the tree and are in danger
of splitting out. Topped trees require constant maintenance to
prevent this from happening and it is often impossible to restore the
structure of the tree crown after topping. Unfortunately many people
believe that topping is a proper way to prune a tree, and this
destructive practice is prevalent in some communities.
   (5) That in an effort to promote practices that encourage the
preservation of tree structure, and public safety and health, these
standards developed through careful scientific studies by leading
industry consultants, United States Department of Forestry
scientists, and professors of horticulture and plant pathology, are
recognized standards by the Department of Parks and Recreation,
California Department of Forestry and Fire Protection, University of
California Co-operative Extension Farm advisers, the National
Arborist Association, the International Society of Arboriculture,
American Forestry Association, and numerous tree planting and
preservation organizations throughout the state and nation.
   (6) That those standards are working guidelines, recognizing that
trees are individually unique in form and structure and that their
pruning or maintenance needs may not always fit strict rules.
   (7) That the International Society of Arboriculture founded in
1924 with over 21 chapters throughout the world publishes the monthly
Journal of Arboriculture which is devoted to the dissemination of
knowledge in the science and art of growing and maintaining shade and
ornamental trees. The Journal of Arboriculture, March 1988, Volume
14, No. 3, page 76, states that properly trimmed trees not only
require less manhours on their next cycle but some may not even need
trimming. This conclusion was based on a study performed at Delmarva
Power in Maryland during the 1982-84 trim cycles. Results indicate a
25 percent reduction in work force and a 7.4 percent reduction in
costs in the first three years.
   (8) That the use of proper tree maintenance techniques benefits
the public because of reduced costs, reduced hazards, reduced public
liability, protection from premature decline or death (conserving
energy reducing carbon dioxide and ozone, absorbing particulate
matter, producing more oxygen by increasing canopy spread, reduction
in wind speed, reducing noise pollution, increasing real property
values, enhancing visual and aesthetic qualities that attract
visitors and businesses, serve as a source of community image and
pride by providing maximum shade and canopy cover). As canopy cover
increases the public benefits increase.
   (9) (A) The Legislature's findings recognize that topping of trees
is a widespread misunderstood consumer request and this form of
pruning detracts from public benefits including, but not limited to,
safety and property values, and causes premature decline, death,
disease, insects, woodrot, and increased maintenance costs. These
findings also recognize that a great number of personnel performing
maintenance on trees unknowingly and unintentionally produce
irreversible harm.
   (B) The Legislature finds that nonregulated commercial tree
service firms that advertise topping are widespread among commercial
advertising including the yellow pages, but not limited to newspaper
advertising, and that millions of dollars have been spent topping
trees including publicly owned trees.
   (C) The Legislature finds that modern techniques utilized by
certified arborists through scientific study and continued education
are of value and benefit to the citizens of California and to all who
care for our resources.
   (b) Notwithstanding any other provision of law, the California
Department of Forestry and Fire Protection through Sections 4799.06
to 4799.12, inclusive, of the Public Resources Code, shall to the
extent possible, furnish to every public agency, including the state,
but not limited to, a city and county, school district, or community
college district copies of these publications as listed: Western
Chapter International Society of Arboriculture Pruning Standards,
California Department of Parks and Recreation specifications for
pruning trees, and National Arborist Association Standards of pruning
shade trees.


53068.  Any local agency, as defined in Section 54951 of the
Government Code, which seeks to enter a contract that requires the
letting of bids, shall specify in the public notice the place such
bids are to be received and the time by which they shall be received.
Any bids received by such local agency after the time specified in
the notice shall be returned unopened.



53069.  In any agreement entered into whereby any city, county, city
and county, or local agency obtains a grant of easement, lease,
license, right-of-way or right-of-entry, the city, county, city and
county or agency entering into the agreement may agree to indemnify
and hold harmless the grantor, lessor, or licensor and may agree to
repair or pay for any damage proximately caused by reason of the uses
authorized by such easement, lease, license, right-of-way, or
right-of-entry agreement. "Local agency" shall include any public
district, public corporation, or other political subdivision of the
state.


53069.3.  (a) A city, county, or city and county may enact an
ordinance to provide for the use of city or county funds to remove
graffiti or other inscribed material from publicly or privately owned
real or personal property located within the city, county, or city
and county and to replace or repair public or privately owned
property within that city, county, or city and county that has been
defaced with graffiti or other inscribed material that cannot be
removed cost effectively.
   (b) The ordinance shall authorize only the removal of the graffiti
or other inscribed material itself, or, if the graffiti or other
inscribed material cannot be removed cost effectively, the repair or
replacement of the portion of the property that was defaced, and not
the painting, repair, or replacement of other parts of the property
that were not defaced.
   (c) (1) The removal, repair, or replacement may be performed, in
the case of publicly owned real or personal property, only after
securing the consent of the public entity having jurisdiction over
the property, and in the case of privately owned real or personal
property, only after securing the consent of the owner or possessor.
   (2) The law enforcement agency with primary jurisdiction in a
city, county, or city and county that enacts an ordinance pursuant to
this section may promulgate procedures for preremoval preservation
of sufficient evidence of the graffiti or other inscribed material
for criminal prosecutions or proceedings pursuant to Section 602 of
the Welfare and Institutions Code pertaining to the person or persons
who inscribed the graffiti or other material. These procedures shall
be followed by the city, county, or city and county prior to or
during removal of graffiti or other inscribed material.
   (d) (1) If a city enacts an ordinance pursuant to this section,
the city may also enact an ordinance to establish a procedure
pursuant to Section 38772, 38773, 38773.1, 38773.2, 38773.5, or
38773.6 to recover city funds used pursuant to this section to remove
graffiti or other inscribed material from publicly or privately
owned real or personal property within the city.
   (2) If a county enacts an ordinance pursuant to this section, the
county may enact an ordinance to establish a procedure pursuant to
Section 25845 to recover county funds used pursuant to this section
to remove graffiti or other inscribed material from publicly or
privately owned real or personal property within the county.
   (3) As used in this section, "city or county funds" include, but
are not limited to, court costs, attorney's fees, costs of removal of
the graffiti or other inscribed material, costs of repair and
replacement of defaced property, costs of administering and
monitoring the participation of a defendant and his or her parents or
guardians in a graffiti abatement program, and the law enforcement
costs incurred by the city or county in identifying and apprehending
the person who created, caused, or committed the graffiti or other
inscribed material on the publicly or privately owned permanent real
or personal property within the city or county.
   (e) As used in this section, "graffiti or other inscribed material"
includes any unauthorized inscription, word, figure, mark, or design
that is written, marked, etched, scratched, drawn, or painted on any
real or personal property.
   (f) This section does not preclude the abatement of graffiti or
other inscribed material as a nuisance pursuant to Section 25845 or
38773.5 or the enactment or enforcement of any criminal law with
respect to nuisance.


53069.4.  (a) (1) The legislative body of a local agency, as the
term "local agency" is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction, the
administrative fine or penalty shall not exceed the maximum fine or
penalty amounts for infractions set forth in subdivision (b) of
Section 25132 and subdivision (b) of Section 36900.
   (2) The administrative procedures set forth by ordinance adopted
by the local agency pursuant to paragraph (1) shall provide for a
reasonable period of time, as specified in the ordinance, for a
person responsible for a continuing violation to correct or otherwise
remedy the violation prior to the imposition of administrative fines
or penalties, when the violation pertains to building, plumbing,
electrical, or other similar structural or zoning issues, that do not
create an immediate danger to health or safety.
   (b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6
of the Code of Civil Procedure, within 20 days after service of the
final administrative order or decision of the local agency is made
pursuant to an ordinance enacted in accordance with this section
regarding the imposition, enforcement or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an appeal
to be heard by the superior court, where the same shall be heard de
novo, except that the contents of the local agency's file in the case
shall be received in evidence. A proceeding under this subdivision
is a limited civil case. A copy of the document or instrument of the
local agency providing notice of the violation and imposition of the
administrative fine or penalty shall be admitted into evidence as
prima facie evidence of the facts stated therein. A copy of the
notice of appeal shall be served in person or by first-class mail
upon the local agency by the contestant.
   (2) The fee for filing the notice of appeal shall be as specified
in Section 70615. The court shall request that the local agency's
file on the case be forwarded to the court, to be received within 15
days of the request. The court shall retain the fee specified in
Section 70615 regardless of the outcome of the appeal. If the court
finds in favor of the contestant, the amount of the fee shall be
reimbursed to the contestant by the local agency. Any deposit of the
fine or penalty shall be refunded by the local agency in accordance
with the judgment of the court.
   (3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
   (c) If no notice of appeal of the local agency's final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.
   (d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty pursuant to the procedures set forth in its
ordinance.


53069.5.  A local agency, as defined in Section 54951, may offer and
pay a reward, the amount thereof to be determined by the local
agency, for information leading to the determination of the identity
of, and the apprehension of, any person whose willful misconduct
results in injury or death to any person or who willfully damages or
destroys any property.
   Any person whose willful misconduct has resulted in injury or
death to any student or any person employed by or performing
volunteer services for a local agency or who has willfully damaged or
destroyed any property of a local agency or any property of any
other local agency or state or federal agency located within the
boundaries of the local agency shall be liable for the amount of any
reward paid pursuant to this section and if he is an unemancipated
minor his parent or guardian shall also be liable for the amount.




53069.6.  Each local agency, as defined in Section 54951, shall take
all practical and reasonable steps to recover civil damages for the
negligent, willful, or unlawful damaging or taking of property of the
local agency, including the institution of appropriate legal action.



53069.65.  Whenever the state or a city, or a county, or any other
legally authorized local governmental entity with jurisdictional
boundaries reports the presence of a person who is suspected of being
present in the United States in violation of federal immigration
laws to the Attorney General of California, that report shall be
transmitted to the United States Immigration and Naturalization
Service. The Attorney General shall be responsible for maintaining
on-going and accurate records of such reports, and shall provide any
additional information that may be requested by any other government
entity.


53069.7.  A local agency, as defined in Section 54951, may offer and
pay a reward, the amount thereof to be determined by the local
agency, to any person who comes to the aid of any peace officer of
the local agency or who furnishes information leading to the arrest
and conviction of any person or persons killing or assaulting with a
deadly weapon or inflicting serious bodily harm upon a peace officer
of the local agency while such officer is acting in the line of duty.



53069.75.  In order to comply with state law requirements mandated
by Section 3753 of Title 42 of the United States Code, which bases
eligibility of federal grants under the Omnibus Control and Safe
Streets Act, no local law shall prohibit a peace officer or custodial
officer from identifying and reporting to the United States
Immigration and Naturalization Service any person, pursuant to
federal law or regulation, to whom both of the following apply:
   (a) The person was arrested and booked, based upon the arresting
officer's probable cause to believe that the person arrested had
committed a felony.
   (b) After the arrest and booking in subdivision (a), the officer
reasonably suspects that the person arrested has violated the civil
provisions of the federal immigration laws.



53069.8.  (a) The board of supervisors of any county may contract on
behalf of the sheriff of that county, and the legislative body of
any city may contract on behalf of the chief of police of that city,
to provide supplemental law enforcement services to:
   (1) Private individuals or private entities to preserve the peace
at special events or occurrences that happen on an occasional basis.
   (2) Private nonprofit corporations that are recipients of federal,
state, county, or local government low-income housing funds or
grants to preserve the peace on an ongoing basis.
   (3) Private entities at critical facilities on an occasional or
ongoing basis. A "critical facility" means any building, structure,
or complex that in the event of a disaster, whether natural or
manmade, poses a threat to public safety, including, but not limited
to, airports, oil refineries, and nuclear and conventional fuel
powerplants.
   (b) Contracts entered into pursuant to this section shall provide
for full reimbursement to the county or city of the actual costs of
providing those services, as determined by the county auditor or
auditor-controller, or by the city, as the case may be.
   (c) (1) The services provided pursuant to this section shall be
rendered by regularly appointed full-time peace officers, as defined
in Section 830.1 of the Penal Code.
   (2) Notwithstanding paragraph (1), services provided in connection
with special events or occurrences, as specified in paragraph (1) of
subdivision (a), may be rendered by Level I reserve peace officers,
as defined in paragraph (2) of subdivision (a) of Section 830.6 of
the Penal Code, who are authorized to exercise the powers of a peace
officer, as defined in Section 830.1 of the Penal Code, if there are
no regularly appointed full-time peace officers available to fill the
positions as required in the contract.
   (d) Peace officer rates of pay shall be governed by a memorandum
of understanding.
   (e) A contract entered into pursuant to this section shall
encompass only law enforcement duties and not services authorized to
be provided by a private patrol operator, as defined in Section
7582.1 of the Business and Professions Code.
   (f) Contracting for law enforcement services, as authorized by
this section, shall not reduce the normal and regular ongoing service
that the county, agency of the county, or city otherwise would
provide.
   (g) Prior to contracting for ongoing services under paragraph (2)
or (3) of subdivision (a), the board of supervisors or legislative
body, as applicable, shall discuss the contract and the requirements
of this section at a duly noticed public hearing.



53069.85.  The legislative body of a city, county, or district may
include or cause to be included in contracts for public projects a
provision establishing the time within which the whole or any
specified portion of the work contemplated shall be completed. The
legislative body may provide that for each day completion is delayed
beyond the specified time, the contractor shall forfeit and pay to
the agency involved a specified sum of money, which may be deducted
from any payments due or to become due to the contractor. The sum so
specified is valid as liquidated damages unless manifestly
unreasonable under the circumstances existing at the time the
contract was made. A contract for such a project may also provide for
the payment of extra compensation to the contractor, as a bonus for
completion prior to the specified time. These provisions, if used,
shall be included in the specifications upon which proposals or bids
are received, which specifications shall clearly set forth the
liquidated damages provisions.
   For purposes of this section, "public project" shall include the
erection, construction, alteration, repair, or improvement of any
structure, building, road, railway, or other improvement, and the
procurement of any other goods or services that are manufactured
specifically, designed specifically, or produced specifically,
pursuant to a contract with a public agency.



53069.9.  (a) Any public agency providing water for fire protection
purposes may, by ordinance or resolution, fix and collect a charge to
pay the costs of operation, installation, capital, maintenance,
repair, alteration, or replacement of facilities and equipment
related to supplying water for fire protection purposes.
   Except as provided in subdivision (b), any such charge fixed
pursuant to this section, may be made on all land within the public
agency to which water is made available for fire protection purposes.
The legislative body of the agency which fixes such a charge may
establish schedules varying the charges in different localities
within the agency depending on the cost of operation, installation,
capital, maintenance, repair, alteration, or replacement of
facilities and equipment related to supplying water for fire
protection purposes. Such charges may be collected at the same time
and in the same manner as other water rates or water charges
collected by the public agency.
   (b) (1) A public agency providing water for fire protection
purposes shall not charge, levy, assess, fix, or collect any charge,
tax, fee, rate, assessment, or levy of any kind whatsoever in
connection with its water system on or from any entity providing fire
protection service to others for supplying water for such fire
protection purposes within the service area of such entity providing
fire protection service or for any costs of operation, installation,
capital, maintenance, repair, alteration, or replacement of
facilities and equipment related to supplying water for such fire
protection purposes within the service area of such entity providing
fire protection service, except pursuant to a written agreement with
such entity providing fire protection service.
   (2) The provisions of paragraph (1) of this subdivision shall not
restrict or limit a public agency providing water for fire protection
purposes from levying charges for water service or facilities,
including water for fire protection purposes, on any person,
property, or entity, whether public or private, other than on an
entity providing fire protection service.
   Such charges shall be collected from such other persons, property,
or entities pursuant to existing provisions of law which authorize
such charges, or from an entity providing fire protection services
only pursuant to a written agreement authorizing such charges.
   (c) For the purposes of this section, "entity providing fire
protection services" means a city, county, or city and county,
whether general law or chartered, or a fire company, fire protection
district, or any other person, association, company, corporation,
district, municipal corporation, or any other public or private
entity, which public or private entity or person provides fire
protection services to any other public or private entity or person.



53070.  (a) No city, county, or district may enact an ordinance
prohibiting or regulating the playing of duplicate bridge. Duplicate
bridge is defined as the card game of bridge played at tournaments
conducted by bridge associations, bridge clubs or bridge studios
which do not permit wagering or gambling on the outcome of the bridge
games played in their tournaments, or otherwise, either by the rules
of said associations or the rules of the individual bridge clubs and
bridge studios.
   (b) The person or persons in charge of any duplicate bridge
tournament shall post, or cause to be posted, in the place where the
tournament is conducted and in such manner as to be visible to
participants, the rule of the association, club, or studio which
prohibits wagering or gambling. Such person or persons shall permit
inspection of the rules of the association, club, or studio by law
enforcement officers and licensing officials of the county or city in
which the tournament is conducted.



53071.  It is the intention of the Legislature to occupy the whole
field of regulation of the registration or licensing of commercially
manufactured firearms as encompassed by the provisions of the Penal
Code, and such provisions shall be exclusive of all local
regulations, relating to registration or licensing of commercially
manufactured firearms, by any political subdivision as defined in
Section 1721 of the Labor Code.



53071.5.  By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in Section 12550 of the
Penal Code, and that section shall preempt and be exclusive of all
regulations relating to the manufacture, sale, or possession of
imitation firearms, including regulations governing the manufacture,
sale, or possession of BB devices and air rifles described in
subdivision (g) of Section 12001 of the Penal Code.



53071.5.  By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in subdivision (a) of
Section 16700 of the Penal Code, and that section shall preempt and
be exclusive of all regulations relating to the manufacture, sale, or
possession of imitation firearms, including regulations governing
the manufacture, sale, or possession of BB devices and air rifles
described in Section 16250 of the Penal Code.



53072.  Whenever a special district as defined in Section 56036 is
formed, the district shall reimburse the county in which all or a
portion of the district is located for the expenses incurred by the
county for calling and conducting the election establishing such
district.



53073.  Notwithstanding anything in the law to the contrary, the
governing body of any public district may convey, upon such terms and
conditions as it determines to be in the public interest, any
surplus real property, together with any building thereon, owned by
the district which has been determined by the governing body to be of
general historical interest within the area of the district, to an
association or society the purpose of which is to research and
promote the area's historical heritage or to preserve property of
historical interest and which is a nonprofit corporation formed under
the laws of this state. Any such conveyance shall contain a
condition to the effect that the historical nature of the property be
restored, preserved, or both, for the benefit of the citizens of the
area, and that title will revert to the district in the event that
the association or society conveys the property in question to any
person or entity which is not a nonprofit corporation involved with
preserving and researching the history of the area.



53074.  Notwithstanding any other provision of law or any local
ordinance, an officer or employee of any animal control agency shall
not seize or impound a dog for the violation of an ordinance
requiring a dog to be leashed or issue citations for the violation of
such ordinance when the dog has not strayed from and is upon private
property owned by the dog owner or the person who has a right to
control the dog, or upon private property to which the dog owner or
person who has a right to control the dog has a right of possession.
   A dog that has strayed from but then returned to the private
property of his owner or the person who has a right to control the
dog shall not be seized or impounded, but in such a case a citation
may be issued; provided, however, that if in such a situation the
owner or person who has a right to control the dog is not home, the
dog may be impounded, but the officer or employee of any animal
control agency shall post a notice of such impounding on the front
door of the living unit of the owner or person who has a right to
control the dog. Such notice shall state the following: that the dog
has been impounded, where the dog is being held, the name, address,
and telephone number of the agency or person to be contacted
regarding release of the dog, and an indication of the ultimate
disposition of the dog if no action to regain it is taken within a
specified period of time by its owner or by the person who has a
right to control the dog.
   This section shall not otherwise affect existing authority to
seize or impound a dog or issue citations, as a result of a dog's
being on property other than that owned by its owner or the person
who has a right to control the dog.
   This section shall not be construed as prohibiting any person from
killing a dog in the situations authorized by Sections 31102, 31104,
and 31152 of the Food and Agricultural Code.



53074.5.  (a) For purposes of this section, "undomesticated burro"
means a wild burro or a burro which has not been tamed or
domesticated for a period of three years after its capture and is not
protected by the federal government under the federal Wild
Free-Roaming Horses and Burros Act (Chapter 30 (commencing with
Section 1331) of Title 16 of the United States Code).
   (b) At the request of the landowner, an officer or employee of a
local animal control agency may remove an undomesticated burro that
strays onto private land.
   (c) An officer or employee of a local animal control agency may
remove an undomesticated burro that strays onto a public roadway to
ensure public safety.
   (d) An officer or employee of a local animal control agency may
provide medical care or treatment, including, but not limited to,
euthanasia if medically appropriate, to an undomesticated burro that
is seriously ill or injured.



53075.  (a) No local agency may impose a tax upon, or require a
license for, the conduct of ridesharing which uses a motor vehicle
with a seating capacity of not more than 15 persons, including the
driver, if the ridesharing purpose is incidental to another purpose
of the driver of the ridesharing vehicle.
   (b) For purposes of this section:
   (1) "Local agency" means a county, city, city and county,
political subdivision, district, or municipal corporation.
   (2) "Ridesharing" shall have the meaning specified in Section 522
of the Vehicle Code.


53075.5.  (a) Notwithstanding Chapter 8 (commencing with Section
5351) of Division 2 of the Public Utilities Code, every city or
county shall protect the public health, safety, and welfare by
adopting an ordinance or resolution in regard to taxicab
transportation service rendered in vehicles designed for carrying not
more than eight persons, excluding the driver, which is operated
within the jurisdiction of the city or county.
   (b) Each city or county shall provide for, but is not limited to
providing for, the following:
   (1) A policy for entry into the business of providing taxicab
transportation service. The policy shall include, but need not be
limited to, all of the following provisions:
   (A) Employment, or an offer of employment, as a taxicab driver in
the jurisdiction, including compliance with all of the requirements
of the program adopted pursuant to paragraph (3), shall be a
condition of issuance of a driver's permit.
   (B) The driver's permit shall become void upon termination of
employment.
   (C) The driver's permit shall state the name of the employer.
   (D) The employer shall notify the city or county upon termination
of employment.
   (E) The driver shall return the permit to the city or county upon
termination of employment.
   (2) The establishment or registration of rates for the provision
of taxicab transportation service.
   (3) (A) A mandatory controlled substance and alcohol testing
certification program. The program shall include, but need not be
limited to, all of the following requirements:
   (i) Drivers shall test negative for each of the controlled
substances specified in Part 40 (commencing with Section 40.1) of
Title 49 of the Code of Federal Regulations, before employment.
Drivers shall test negative for these controlled substances and for
alcohol as a condition of permit renewal or, if no periodic permit
renewals are required, at such other times as the city or county
shall designate. As used in this section, a negative test for alcohol
means an alcohol screening test showing a breath alcohol
concentration of less than 0.02 percent.
   (ii) Procedures shall be substantially as in Part 40 (commencing
with Section 40.1) of Title 49 of the Code of Federal Regulations,
except that the driver shall show a valid California driver's license
at the time and place of testing, and except as provided otherwise
in this section. Requirements for rehabilitation and for
return-to-duty and followup testing and other requirements, except as
provided otherwise in this section, shall be substantially as in
Part 382 (commencing with Section 382.101) of Title 49 of the Code of
Federal Regulations.
   (iii) A test in one jurisdiction shall be accepted as meeting the
same requirement in any other jurisdiction. Any negative test result
shall be accepted for one year as meeting a requirement for periodic
permit renewal testing or any other periodic testing in that
jurisdiction or any other jurisdiction, if the driver has not tested
positive subsequent to a negative result. However, an earlier
negative result shall not be accepted as meeting the pre-employment
testing requirement for any subsequent employment, or any testing
requirements under the program other than periodic testing.
   (iv) In the case of a self-employed independent driver, the test
results shall be reported directly to the city or county, which shall
notify the taxicab leasing company of record, if any, of positive
results. In all other cases, the results shall be reported directly
to the employing transportation operator, who may be required to
notify the city or county of positive results.
   (v) All test results are confidential and shall not be released
without the consent of the driver, except as authorized or required
by law.
   (vi) Self-employed independent drivers shall be responsible for
compliance with, and shall pay all costs of, this program with regard
to themselves. Employing transportation operators shall be
responsible for compliance with, and shall pay all costs of, this
program with respect to their employees and potential employees,
except that an operator may require employees who test positive to
pay the costs of rehabilitation and of return-to-duty and followup
testing.
   (vii) Upon the request of a driver applying for a permit, the city
or county shall give the driver a list of the consortia certified
pursuant to Part 382 (commencing with Section 382.101) of Title 49 of
the Code of Federal Regulations that the city or county knows offer
tests in or near the jurisdiction.
   (B) No evidence derived from a positive test result pursuant to
the program shall be admissible in a criminal prosecution concerning
unlawful possession, sale or distribution of controlled substances.
   (c) Each city or county may levy service charges, fees, or
assessments in an amount sufficient to pay for the costs of carrying
out an ordinance or resolution adopted in regard to taxicab
transportation services pursuant to this section.
   (d) Nothing in this section prohibits a city or county from
adopting additional requirements for a taxicab to operate in its
jurisdiction.
   (e) For purposes of this section, "employment" includes
self-employment as an independent driver.



53075.6.  Whenever a peace officer or public officer or employee,
when authorized by ordinance and as defined in Section 836.5 of the
Penal Code, arrests any person for operating as a taxicab without a
valid taxicab certificate, license, or permit required by any
ordinance, and the offense occurred at a public airport, within 100
feet of a public airport, or within two miles of the international
border between the United States and Mexico, the officer or employee
may impound and retain possession of any vehicle used in a violation
of the ordinance.
   If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
   The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of the ordinance
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
   At any time, a person may make a motion in superior court for the
immediate return of a vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A proceeding
under this paragraph is a limited civil case.
   No officer or employee, however, shall impound any vehicle owned
or operated by a nonprofit organization exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code which serves youth
or senior citizens and provides transportation incidental to its
programs or services.



53075.61.  A transportation inspector, authorized by a local
government to cite any person for operating as a taxicab without a
valid taxicab certificate, license, or permit required by any
ordinance, may impound and retain possession of any vehicle used in a
violation of the ordinance.
   If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
   The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of the ordinance
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
   At any time, a person may make a motion in superior court for the
immediate return of a vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A proceeding
under this paragraph is a limited civil case.
   No officer or employee, however, shall impound any vehicle owned
or operated by a nonprofit organization exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code which serves youth
or senior citizens and provides transportation incidental to its
programs or services.



53075.7.  (a) Upon receipt of a complaint containing sufficient
information to warrant conducting an investigation, the local agency
shall investigate any business that advertises or operates taxicab
transportation service for hire. The local agency shall, by
ordinance, resolution, or other appropriate procedure, adopt criteria
that establishes the type of information, if contained in a
complaint, that is sufficient to warrant an investigation. Pursuant
to this investigation, the local agency shall do all of the
following:
   (1) Determine which businesses, if any, are required to have in
effect a valid taxicab certificate, license, or permit as required by
ordinance, but do not have that valid authority to operate.
   (2) Inform any business not having valid authority to operate that
it is in violation of law.
   (3) Within 60 days of informing the business pursuant to paragraph
(2), institute civil or criminal proceedings, or both, pursuant to
the governing municipal code or other authority of jurisdiction.
   (b) For purposes of this section:
   (1) "Advertises" means any action described in subdivision (b) of
Section 53075.9.
   (2) "Local agency" means the local entity responsible for the
regulation, including, but not limited to, the certification,
licensing, or permitting of, and enforcement of rules, regulations,
or ordinances governing, taxicabs within the local jurisdiction.



53075.8.  (a) The Legislature finds and declares that advertising
and use of telephone service is essential for a taxicab
transportation service to obtain business and conduct intrastate
passenger transportation services. Unlawful advertisements by
taxicabs operating without a valid taxicab certificate, license, or
permit required by any ordinance has resulted in properly
certificated, licensed, and permitted taxicab operators competing
with these taxicabs operating without a proper taxicab certificate,
license, or permit using unfair business practices. Taxicabs
operating without a proper taxicab certificate, license, or permit
have also exposed passengers to unscrupulous persons who portray
themselves as lawful operators. Many of these taxicabs operating
without a proper taxicab certificate, license, or permit have been
found to have also been operating without insurance, or in an unsafe
manner, thereby placing their passengers at risk.
   (b) (1) The Legislature further finds and declares that the
termination of telephone service utilized by taxicabs operating
without proper authority is essential to ensure the public safety and
welfare. Therefore, local agencies should take enforcement action,
as specified in this section, to disconnect telephone service of
unauthorized taxicab operators who unlawfully advertise passenger
transportation services in yellow page directories and other
publications. The enforcement actions provided for by this section
are consistent with the decision of the California Supreme Court in
Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
   (2) For purposes of this section, a telephone corporation or
telegraph corporation, or a corporation that holds a controlling
interest in the telephone or telegraph corporation, or any business
that is a subsidiary or affiliate of the telephone or telegraph
corporation, that has the name and address of the subscriber to a
telephone number being used by a unauthorized taxicab operator shall
provide the local agency, or an authorized officer or employee of the
local agency, upon demand, and the order of a magistrate, access to
this information. A magistrate may only issue an order for the
purposes of this subdivision, if the magistrate has made the findings
required by paragraph (2) of subdivision (f).
   (c) (1) In addition to any other remedies that may be available by
law, if a local agency determines that a taxicab transportation
service has operated within the local agency's jurisdiction in
violation of the local agency's ordinance adopted under Section
53075.5, the local agency may notify the taxicab operator that the
local agency intends to seek termination of the operator's telephone
service. The notice shall be sent by certified mail to the operator
at the operator's last known mailing address. If the local agency is
unable to determine the operator's mailing address, the local agency
shall post the notice for at least 10 calendar days.
   (2) The notice shall contain sufficient information to identify
the taxicab transportation service, to inform the taxicab operator of
the alleged violations of the local agency's ordinance, and the
procedures for protesting the allegations contained in the notice.
   (d) The taxicab operator, within 10 calendar days of the date of
the notice, may contest the allegations contained in the notice by
filing a written protest with the local agency. The local agency
shall schedule a hearing on the protest within 21 calendar days of
receiving the protest.
   (e) The governing body of the local agency, or any person or
persons as may be designated by the governing body, shall hear the
protest. The local agency shall have both the burden of providing
that the use made, or to be made, of the telephone service is to hold
out to the public to perform, or to assist in performing, services
as a taxicab transportation service, and that the telephone service
is being, or is to be, used as an instrumentality, directly or
indirectly, to violate, or assist in violating, the local agency's
applicable ordinance. The taxicab operator, or his or her designated
representative, shall be allowed to present evidence to answer or
refute any allegations presented to the hearing body by the local
agency. The hearing body may continue the hearing from time to time.
Within 10 calendar days of the close of the hearing, the hearing body
shall issue a written decision to uphold or reject, in whole or in
part, the allegations contained in the notice. If the hearing body
upholds the allegations in whole or in part, the written decision
shall state either that the allegations are sufficient to justify
seeking termination of the taxicab operator's telephone service, or
that the allegations are not sufficient.
   (f) (1) If the local agency does not receive a timely protest, or,
after a protest hearing held pursuant to subdivision (d), the
hearing body has determined that the allegations are sufficient to
justify seeking termination of the telephone operator's telephone
service, the local agency may seek termination of the taxicab
operator's telephone service as provided in this section.
   (2) A telephone or telegraph corporation shall refuse telephone
service to a new subscriber and shall disconnect telephone service of
an existing subscriber only after it is shown that other available
enforcement remedies of the local agency have failed to terminate
unlawful activities detrimental to the public welfare and safety, and
upon receipt from any authorized officer or employee of the local
agency of a writing, signed by a magistrate, as defined by Sections
807 and 808 of the Penal Code, finding that probable cause exists to
believe that the subscriber is advertising or holding out to the
public to perform taxicab transportation services in violation of the
local agency's applicable ordinance, or that the telephone service
otherwise is being used or is to be used as an instrumentality,
directly or indirectly, to violate or assist in violation of the laws
requiring a taxicab operator to have valid operating authority.
Included in the writing of the magistrate shall be a finding that
there is probable cause to believe that the subject telephone
facilities have been, or are to be, used in the commission or
facilitation of holding out to the public to perform taxicab
transportation services in violation of the local agency's applicable
ordinance.
   (g) The telephone or telegraph corporation, immediately upon
refusal or disconnection of service in accordance with paragraph (2)
of subdivision (f), shall notify the subscriber in writing that the
refusal or disconnection of telephone service has been made pursuant
to a request of a local agency and the writing of a magistrate, and
shall include a copy of this section, a copy of the writing of the
magistrate, and a statement that the customer of the subscriber may
request information from the local agency concerning any provision of
this section and the manner in which a complaint may be filed.
   (h) The provisions of this section are an implied term of every
contract for telephone service and a part of any application for
telephone service. Applicants for, and subscribers and customers of,
telephone service, have, as a matter of law, consented to the
provisions of this section as a consideration for the furnishing of
the telephone service.
   (i) As used in this section, the terms "person," "customer," and
"subscriber" include the subscriber to telephone service, any person
using the telephone service of a subscriber, an applicant for
telephone service, a corporation, a limited liability company, a
partnership, an association, and includes their lessees and assigns.
   (j) As used in this section, the following terms have the
following meanings:
   (1) "Authorized officer or employee of the local agency" includes
any employee of the local agency designated by the local agency's
governing body.
   (2) "Local agency" has the same meaning as specified in
subdivision (b) of Section 53075.7.
   (3) "Telegraph corporation" has the same meaning as specified in
Section 236 of the Public Utilities Code.
   (4) "Telephone corporation" has the same meaning as specified in
Section 234 of the Public Utilities Code.



53075.9.  (a) Every taxicab transportation service shall include the
number of its certificate, license, or permit in every written or
oral advertisement of the services it offers.
   (b) For purposes of this subdivision, "advertisement" includes,
but is not limited to, the issuance of any card, sign, or device to
any person, the causing, permitting, or allowing the placement of any
sign or marking on or in any building or structure, or in any media
form, including newspaper, magazine, radiowave, satellite signal, or
any electronic transmission, or in any directory soliciting taxicab
transportation services subject to this chapter.
   (c) Whenever the local agency, after a hearing, finds that any
person or corporation is operating as a taxicab transportation
service without a valid certificate, license, or permit or fails to
include in any written or oral advertisement the number required by
subdivision (a), the local agency may impose a fine of not more than
five thousand dollars ($5,000) for each violation. The local agency
may assess the person or corporation an amount sufficient to cover
the reasonable expense of investigation incurred by the local agency.
The local agency may assess interest on any fine or assessment
imposed, to commence on the day the payment of the fine or assessment
becomes delinquent. All fines, assessments, and interest collected
shall be deposited at least once each month in a fund established for
the purpose of enforcing this section.
   (d) For purposes of this section, "local agency" has the same
meaning as specified in subdivision (b) of Section 53075.7.




53076.  No local agency shall deny a permit to repair an underground
steel storage tank containing a motor vehicle fuel product not under
pressure which has developed a leak due to corrosion of the interior
of the tank solely on the basis that the tank is to be repaired by
an interior-coating process. However, nothing in this section shall
prevent a local agency from prohibiting the use of a storage tank
repaired by an interior-coating process if the tank fails to meet any
additional requirements for underground storage tanks imposed by the
local agency.



53077.  (a) Notwithstanding any other provision of law, the
governing body of a district may adopt or the residents of a district
may propose, by initiative, a proposal to limit or repeal a limit on
the number of terms a member of the governing body of the district
may serve on the governing body of the district. Any proposal to
limit the number of terms a member of the governing body of the
district may serve on the governing body of the district shall apply
prospectively and shall not become operative unless it is submitted
to the electors of the district at a regularly scheduled election and
a majority of the votes cast on the question favor the adoption of
the proposal.
   (b) For purposes of this section, the term "district" shall mean
an agency of the state, formed pursuant to general law or special
act, for the performance of governmental or proprietary functions
within limited boundaries.



53077.5.  (a) For purposes of this section, the following terms have
the following meaning:
   (1) "Charge" means any fee or other impost, including, but not
limited to, a financial requirement to pay a percentage of any
revenues received for an organized activity held on, or involving the
use of, a public beach or recreation area.
   (2) "Group" means an assemblage of persons of unspecified age who
share a singularity of purpose or affiliation that is manifested in
joint activity, and who may be formally organized or may produce
revenue from their activities.
   (3) "Organized camp" has the same meaning as defined in Section
18897 of the Health and Safety Code.
   (4) "Public beach or recreation area" means a beach area or an
open-space recreational area that is owned or operated by a state or
local agency.
   (5) "Youth group" means an organization that serves youth 18 years
of age or younger, including, but not limited to, the Boy Scouts,
the Girl Scouts, the YMCA, Boys' and Girls' Clubs, 4H Programs, or
any organization that operates an organized camp.
   (b) No state or local agency shall adopt or enforce any ordinance,
regulation, or other law that requires a youth group to pay a charge
in excess of any charge that is imposed on a group composed of a
similar number of persons for the use of, or for access to, a public
beach or recreation area, or that requires a youth group to obtain a
permit for that use or access unless such a group is also required to
obtain a permit.
   (c) This section shall not be construed to do either of the
following:
   (1) Prohibit a state or local agency from providing free or lower
cost use of, or access to, a public beach or recreation area to any
nonprofit group, school, or program operated by a governmental
agency.
   (2) Except as specified in subdivision (d), limit the ability of a
state or local agency to restrict the use of, or access to, a public
beach or recreation area if the restriction applies equally to all
groups composed of the same number of persons.
   (d) Nothing in this section prohibits the imposition of special
fees imposed on groups requesting special services or facilities, or
groups conducting activities beyond the normal scope of activities or
operations at a public beach or recreation area.



53078.  (a) For the purposes of this section, "local agency" means
any local agency which awards direct service contracts to nonprofit
organizations including, but not limited to, any city, county, or
city and county, special district, housing authority, school
district, community college district, or county superintendent of
schools.
   (b) Any local agency may establish auditing procedures for direct
service contractors as prescribed by Chapter 5 (commencing with
Section 38040) of Division 25 of the Health and Safety Code.



53079.  (a) "Local public entity," as used in this section, means
any city or county, whether general law or chartered, district,
public authority, public agency, or public corporation but does not
include any entity of the state.
   (b) If a local public entity requires any person, on or after
January 1, 1986, to furnish a security, in the form of cash or a
cashier's check made payable to the local public entity, to guarantee
the performance of any act or agreement related to a construction
project, and if the local public entity invests that cash or the
proceeds of that check, the local public entity shall pay interest on
all, or any portion, of the amount of the balance of the security
deposit which is returned to the person who furnished the security if
the security is held by the local public entity for more than 30
days. The local public entity shall pay interest on that amount. The
minimum interest rate paid shall be the average rate of return earned
by the local public entity on its investments during the four full
calendar quarters last preceding the return of the security deposit,
less 1 full percentage point. Interest shall be paid from the date
the security is provided to the local public entity until the date
that all, or any portion, of the balance of the security deposit is
returned to the person who furnished the security.
   (c) The Legislature finds and declares that the payment of
interest by local public entities for security furnished, as
described in subdivision (b), is a matter of statewide interest and
concern and the Legislature intends by this section to occupy the
field of this regulation.



53080.  (a) No city, county, city and county, or special district,
including, but not limited to, a community services district,
recreation and park district, regional park district, regional park
and open-space district, regional open-space park district, or resort
improvement district shall discriminate against any person on the
basis of sex or gender in the operation, conduct, or administration
of community youth athletics programs or in the allocation of parks
and recreation facilities and resources that support or enable these
programs.
   (b) The Unruh Civil Rights Act (Section 51 of the Civil Code) has
been held to prohibit local governmental agencies from discriminating
on the bases proscribed by the act, and Section 11135 also prohibits
local governmental agencies that receive financial assistance from
the state from discriminating on the basis of gender, among other
bases.
   (c) As used in this section, "community youth athletics program"
means any athletic program in which youth solely or predominantly
participate, that is organized for the purposes of training for and
engaging in athletic activity and competition, and that is in any way
operated, conducted, administered, supported, or enabled by a city,
county, city and county, or special district.
   (d) As used in this section, "parks and recreation facilities and
resources" include, but are not limited to, park facilities,
including, but not limited to, athletic fields, athletic courts,
gymnasiums, recreational rooms, restrooms, concession stands and
storage spaces; lands and areas accessed through permitting, leasing,
or other land use arrangements, or otherwise accessed through
cities, counties, cities and counties, or special districts; sports
and recreation equipment; devices used to promote athletics such as
scoreboards, banners, and advertising; and all moneys used in
conjunction with youth athletics.
   (e) It is the intent of the Legislature in enacting this section
that girls shall be accorded opportunities for participation in
community youth athletics programs equal, both in quality and scope,
to those accorded to boys.
   (f) In civil actions brought under this section or under other
applicable antidiscrimination laws alleging discrimination in
community youth athletics programs, courts shall consider the
following factors, among others, in determining whether
discrimination exists:
   (1) Whether the selection of community youth athletics programs
offered effectively accommodate the athletic interests and abilities
of members of both genders.
   (2) The provision of moneys, equipment, and supplies.
   (3) Scheduling of games and practice times.
   (4) Opportunity to receive coaching.
   (5) Assignment and compensation of coaches.
   (6) Access to lands and areas accessed through permitting,
leasing, or other land use arrangements, or otherwise accessed
through a city, a county, a city and county, or a special district.
   (7) Selection of the season for a sport.
   (8) Location of the games and practices.
   (9) Locker rooms.
   (10) Practice and competitive facilities.
   (11) Publicity.
   (12) Officiation by umpires, referees, or judges who have met
training and certification standards.
   (g) In making the determination under paragraph (1) of subdivision
(f), a court shall assess whether the city, county, city and county,
or special district has effectively accommodated the athletic
interests and abilities of both genders in any one of the following
ways:
   (1) The community youth athletics program opportunities for boys
and girls are provided in numbers substantially proportionate to
their respective numbers in the community.
   (2) Where the members of one gender have been, and continue to be,
underrepresented in community youth athletics programs, the city,
county, city and county, or special district can show a history and
continuing practice of program expansion and allocation of resources
that are demonstrably responsive to the developing interests and
abilities of the members of that gender.
   (3) Where the members of one gender are underrepresented in
community youth athletics programs, the city, county, city and
county, or special district can demonstrate that the interests and
abilities of the members of that gender have been fully and
effectively accommodated by the present program and allocation of
resources.
   (h) Effective January 1, 2015, a city, county, city and county,
and special district may no longer rely on paragraph (2) of
subdivision (g) to show that they have accommodated the athletic
interests and abilities of both genders.
   (i) Nothing in this section shall be construed to invalidate any
existing consent decree or any other settlement agreement entered
into by a city, county, city and county, or special district to
address gender equity in athletic programs.
   (j) This section and any ordinances, regulations, or resolutions
adopted pursuant to this section by a city, county, city and county,
or special district may be enforced against a city, county, city and
county, or special district by a civil action for injunctive relief
or damages or both, which shall be independent of any other rights
and remedies.



53080.5.  (a) No city or county may require an applicant for a
building or encroachment permit to file a certificate of insurance
evidencing coverage for bodily injury or property damage liability as
a condition to the issuance of either, or both, of those permits,
unless the city or county imposes that requirement by ordinance.
   (b) This section does not apply to contracts for public works of
improvement entered into by a city or county.



53082.  (a) By July 1, 1991, local agencies shall refund any sewer
service fees collected for which no services were delivered.
   (b) Any sewer service fees collected by a local agency from any
person for which no service has been provided shall be refunded in
accordance with subdivisions (c) and (d).
   (c) In cases where a person paid fees as described in subdivision
(a) and is still residing at the same location, it shall be the
responsibility of the local agency, upon determination that the
premises is not connected to the sewer system, to return fees in
their entirety, regardless of the amount of time the fees were
wrongly collected. For the purposes of this section, if the exact
amount of the charges is not readily available, the amount of the
refund may be calculated by averaging the rates paid by payers in the
same classification during the time period in which the fees were
collected.
   (d) In cases where a person paid fees as described in subdivision
(a) but is not still residing at the same location, the payer of the
fees may make a claim for a refund to the agency collecting the fees.
   (e) No statute of limitations shall apply to claims for fees paid
before January 1, 1992. For fees paid on or after January 1, 1992,
claims shall be filed within 180 days of the date of payment.
   (f) As used in this section, "sewer service fees" means periodic
fees, tolls, rates, rentals, or other charges imposed by local
agencies for the purpose of covering the cost to provide sewer
service or to operate, maintain, repair, and replace sewer systems
and facilities, but do not include any of the following:
   (1) Sewer standby or availability charges or assessments.
   (2) Special assessments levied in accordance with one or a
combination of the Improvement Act of 1911 (Division 7 (commencing
with Section 5000) of the Streets and Highways Code), the Municipal
Improvement Act of 1913 (Division 12 (commencing with Section 10000)
of the Streets and Highways Code), or the Improvement Bond Act of
1915 (Division 10 (commencing with Section 8500) of the Streets and
Highways Code).
   (3) Sewer connection charges or sewer capacity charges paid in
conjunction with or as a condition of approving an application for
sewer service.



53084.  (a) Notwithstanding any other provision of this part, a
local agency shall not provide any form of financial assistance to a
vehicle dealer or big box retailer, or a business entity that sells
or leases land to a vehicle dealer or big box retailer, that is
relocating from the territorial jurisdiction of one local agency to
the territorial jurisdiction of another local agency but within the
same market area.
   (b) As used in this section:
   (1) "Big box retailer" means a store of greater than 75,000 square
feet of gross buildable area that will generate sales or use tax
pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law
(Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue
and Taxation Code).
   (2) "Local agency" means a chartered or general law city, a
chartered or general law county, or a city and county. "Local agency"
does not include a redevelopment agency that is subject to Section
33426.7 of the Health and Safety Code.
   (3) "Financial assistance" includes, but is not limited to, any of
the following:
   (A) Any appropriation of public funds, including loans, grants, or
subsidies or the payment for or construction of parking
improvements.
   (B) Any tax incentive, including tax exemptions, rebates,
reductions, or moratoria of a tax, including any rebate or payment
based upon the amount of sales tax generated from the vehicle dealer
or big box retailer.
   (C) The sale or lease of real property at a cost that is less than
fair market value.
   (D) Payment for, forgiveness of, or reduction of fees.
   (4) (A) "Market area" means a geographical area that is described
in independent and recognized commercial trade literature, recognized
and established business or manufacturing policies or practices, or
publications of recognized independent research organizations as
being an area that is large enough to support the location of the
specific vehicle dealer or the specific big box retailer that is
relocating.
   (B) With respect to a vehicle dealer, a "market area" shall not
extend further than 40 miles, as measured by the most reasonable
route on roads between two points, starting from the location from
which the vehicle dealer is relocating and ending at the location to
which the vehicle dealer is relocating.
   (C) With respect to a big box retailer, a "market area" shall not
extend further than 25 miles, as measured by the most reasonable
route on roads between two points, starting from the location from
which the big box retailer is relocating and ending at the location
to which the big box retailer is relocating.
   (5) "Relocating" means the closing of a vehicle dealer or big box
retailer in one location and the opening of a vehicle dealer or big
box retailer in another location within a 365-day period when a
person or business entity has an ownership interest in both the
vehicle dealer or big box retailer that has closed or will close and
the one that is opening. "Relocating" does not mean and shall not
include the closing of a vehicle dealer or big box retailer because
the vehicle dealer or big box retailer has been or will be acquired
or has been or will be closed as a result of the use of eminent
domain.
   (6) "Vehicle dealer" means a retailer that is also a dealer as
defined by Section 285 of the Vehicle Code.
   (c) This section does not apply to local agency assistance in the
construction of public improvements that serve all or a portion of
the jurisdiction of the local agency and that are not required to be
constructed as a condition of approval of the vehicle dealer or big
box retailer. This section also does not prohibit assistance in the
construction of public improvements that are being constructed for a
development other than the vehicle dealer or big box retailer.
   (d) This section shall not apply to any financial assistance
provided by a local agency pursuant to a lease, contract, agreement,
or other enforceable written instrument entered into between the
local agency and a vehicle dealer, big box retailer, or a business
entity that sells or leases land to a vehicle dealer or big box
retailer, if the lease, contract, agreement, or other enforceable
written instrument was entered into prior to December 31, 1999.




53084.5.  (a) On or after the date the act adding this section takes
effect, a local agency shall not enter into any form of agreement
that would result, directly or indirectly, in the payment, transfer,
diversion, or rebate of any tax revenue resulting from the imposition
of a sales and use tax under the Bradley-Burns Uniform Local Sales
and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division
2 of the Revenue and Taxation Code) to any person for any purpose
when both of the following apply:
   (1) The agreement results in a reduction in the amount of revenue
that is received by another local agency from a retailer that is
located within the territorial jurisdiction of that other local
agency from the tax proceeds collected under the Bradley-Burns
Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with
Section 7200) of Division 2 of the Revenue and Taxation Code). This
subdivision shall not apply to a reduction in the use tax proceeds
that are distributed to that other local agency through one or more
countywide pools.
   (2) The retailer continues to maintain a physical presence within
the territorial jurisdiction of that other local agency. This
subdivision shall not apply if the retailer has expanded its
operations into another jurisdiction with the result that the
retailer is conducting a comparable operation within the jurisdiction
of both local agencies.
   (b) For the purposes of this section, the following definitions
have the following meanings:
   (1) "Local agency" means a chartered or general law city, a
chartered or general law county, or a city and county.
   (2) "Retailer" means a retailer as defined by Section 6015 of the
Revenue and Taxation Code.
   (3) "Physical presence" means the lease or ownership of any real
property for the purpose of carrying on business operations.
   (c) This section shall not apply to local tax proceeds provided by
a local agency to a retailer if the funds are used to reimburse the
retailer for the construction of public works improvements that serve
all or a portion of the territorial jurisdiction of the local
agency.
   (d) This section shall not apply to an agreement to pay or rebate
any tax revenue resulting from the imposition of a sales and use tax
under the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5
(commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code) relating to a buying company. "Buying company" means,
and is limited to, a legal entity that is separate from another legal
entity that owns, controls, or is otherwise related to, the buying
company and which has been created for the purpose of performing
administrative functions, including acquiring goods and services for
the other entity, as defined by the State Board of Equalization, and
meets requirements of a buying company under Sections 6066 to 6075,
inclusive, of the Revenue and Taxation Code, and the regulations
adopted pursuant to those sections.
   (e) This section shall not apply to any agreement by a local
agency to pay or rebate any use tax revenue resulting from the
imposition of a sales and use tax under the Bradley-Burns Uniform
Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)
of Division 2 of the Revenue and Taxation Code) relating to a use tax
direct payment permit issued under Section 7051.3 of the Revenue and
Taxation Code.
   (f) Nothing in this section shall be interpreted to limit the
ability of a local agency to contract with or otherwise enter into an
agreement pursuant to subdivision (b) of Section 7056 of the Revenue
and Taxation Code.



53085.  A local agency, as defined in Section 54951, may require an
applicant for economic development loans, grants, or similar
financial assistance to sign a statement under penalty of perjury
that he or she has not been convicted of a felony.




53086.  (a) Any private person or private company which advertises
that it provides information or services regarding the sale or
purchase of public property of any kind shall prominently indicate in
the advertisement and any other presentation that the person or
company is not a government official or a government agency.
   (b) Failure on the part of any private person or private company
to prominently indicate in the advertisement and any other
presentation that the person or company is not a government agency
shall constitute an unfair business practice within the meaning and
for the purposes of Section 17200 of the Business and Professions
Code, but is not a crime.



53087.4.  (a) In the case of a special tax levied by a local agency
on a per parcel basis, both of the following conditions shall apply:
   (1) A parcel created by a subdivision map approved in accordance
with the Subdivision Map Act (Division 2 (commencing with Section
66410) of Title 7) shall be deemed to be a single assessment unit and
shall not be deemed, on the basis of multiple assessor's parcel
numbers assigned by the assessor, to constitute multiple assessment
units.
   (2) A parcel that has not been subdivided in accordance with the
Subdivision Map Act (Division 2 (commencing with Section 66410) of
Title 7) may be deemed to constitute a separate assessment unit only
to the extent that that parcel has been previously described and
conveyed in one or more deeds separating it from all adjoining
property.
   (b) (1) If the parcel identified pursuant to paragraph (1) or (2)
is not consistent with the property's identification by assessor's
parcel number, it shall be the responsibility of the parcel owner to
provide the local taxing jurisdiction with written notice of the
correct assessor's parcel number of taxable parcels pursuant to this
section 90 days after the initial tax bill containing the tax levy.
   (2) The initial levy of any special tax that is initially imposed
by a local agency on a per parcel basis on or after the operative
date of the act adding this paragraph shall be billed on the annual
property tax bill sent by the county tax collector.
   (c) Any parcel identified pursuant to this section shall be for
tax purposes only and shall not confer any entitlement on the
property.
   (d) This section shall not apply to any special tax levied prior
to the effective date of this section.



53087.5.  A loan or expenditure of funds by a local public entity,
including a charter city, to upgrade or improve privately owned
property for purposes of seismic safety or retrofitting, where the
provision of funds creates or can create a lien on the property,
shall not, when combined with existing liens on the property, exceed
80 percent of the current appraised value of the property, as
determined by an independent, certified appraiser, unless the
existing lienholders consent in writing to a higher loan-to-value
ratio. Notice of the intention to provide financing to the owner of
the property shall be given to existing lienholders of record not
less than 30 days prior to any vote of the local agency authorizing
the provision of financing to the owner of the property.



53087.6.  (a) (1) A city, county, or city and county auditor or
controller who is elected to office may maintain a whistleblower
hotline to receive calls from persons who have information regarding
fraud, waste, or abuse by local government employees.
   (2) A city, county, or city and county auditor or controller who
is appointed by, or is an employee of, a legislative body or the
government agency that is governed by the city, county, or city and
county, shall obtain approval of that legislative body or the
government agency, as the case may be, prior to establishing the
whistleblower hotline.
   (b) The auditor or controller may refer calls received on the
whistleblower hotline to the appropriate government authority for
review and possible investigation.
   (c) During the initial review of a call received pursuant to
subdivision (a), the auditor or controller, or other appropriate
governmental agency, shall hold in confidence information disclosed
through the whistleblower hotline, including the identity of the
caller disclosing the information and the parties identified by the
caller.
   (d) A call made to the whistleblower hotline pursuant to
subdivision (a), or its referral to an appropriate agency under
subdivision (b), may not be the sole basis for a time period under a
statute of limitation to commence. This section does not change
existing law relating to statutes of limitation.
   (e) (1) Upon receiving specific information that an employee or
local government has engaged in an improper government activity, as
defined by paragraph (2) of subdivision (f), a city or county auditor
or controller may conduct an investigative audit of the matter. The
identity of the person providing the information that initiated the
investigative audit shall not be disclosed without the written
permission of that person, unless the disclosure is to a law
enforcement agency that is conducting a criminal investigation. If
the specific information is in regard to improper government activity
that occurred under the jurisdiction of another city, county, or
city and county, the information shall be forwarded to the
appropriate auditor or controller for that city, county, or city and
county.
   (2) Any investigative audit conducted pursuant to this subdivision
shall be kept confidential, except to issue any report of an
investigation that has been substantiated, or to release any findings
resulting from a completed investigation that are deemed necessary
to serve the interests of the public. In any event, the identity of
the individual or individuals reporting the improper government
activity, and the subject employee or employees shall be kept
confidential.
   (3) Notwithstanding paragraph (2), the auditor or controller may
provide a copy of a substantiated audit report that includes the
identities of the subject employee or employees and other pertinent
information concerning the investigation to the appropriate
appointing authority for disciplinary purposes. The substantiated
audit report, any subsequent investigatory materials or information,
and the disposition of any resulting disciplinary proceedings are
subject to the confidentiality provisions of applicable local, state,
and federal statutes, rules, and regulations.
   (f) (1) For purposes of this section, "employee" means any
individual employed by any county, city, or city and county,
including any charter city or county, and any school district,
community college district, municipal or public corporation, or
political subdivision that falls under the auditor's or controller's
jurisdiction.
   (2) For purposes of this section, "fraud, waste, or abuse" means
any activity by a local agency or employee that is undertaken in the
performance of the employee's official duties, including activities
deemed to be outside the scope of his or her employment, that is in
violation of any local, state, or federal law or regulation relating
to corruption, malfeasance, bribery, theft of government property,
fraudulent claims, fraud, coercion, conversion, malicious
prosecution, misuse of government property, or willful omission to
perform duty, is economically wasteful, or involves gross misconduct.