BILL NUMBER: SB 113 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Local Government (Senators Wiggins
(Chair), Aanestad, Cox, Kehoe, and Wolk)
JANUARY 29, 2009
An act to amend Sections 7902.7, 23232, 25210.2, 29000, 29001,
29002, 29005, 29006, 29007, 29008, 29009, 29040, 29042, 29043, 29044,
29045, 29060, 29061, 29062, 29063, 29064, 29065, 29081, 29082,
29083, 29084, 29085, 29086, 29088, 29089, 29090, 29092, 29093, 29100,
29100.6, 29109, 29120, 29121, 29122, 29124, 29125, 29126.1, 29126.2,
29127, 29128, 29130, 29141, 29142, 30200, 36516, 61002, 66412,
66434, 66439, 66445, and 66447 of, to amend the headings of Article 2
(commencing with Section 29040) of Chapter 1 of Division 3 of Title
3, Article 3 (commencing with Section 29060) of Chapter 1 of Division
3 of Title 3, and Article 4 (commencing with Section 29080) of
Chapter 1 of Division 3 of Title 3 of, to repeal Sections 29004,
29065.5, 29066, 29088.1, 29091, 29129, and 29140 of, to repeal
Article 4 (commencing with Section 25420) of Chapter 5 of Part 2 of
Division 2 of Title 3, Article 10 (commencing with Section 29520) of
Chapter 2 of Division 3 of Title 3, Article 13 (commencing with
Section 29560) of Chapter 2 of Division 3 of Title 3, and Chapter 6
(commencing with Section 60000) of Division 1 of Title 5 of, and to
repeal and add Sections 29003 and 29080 of, the Government Code, to
amend Section 101350 of the Health and Safety Code, to amend Sections
1121 and 1262 of the Military and Veterans Code, to amend Section
20142 of, and to add Sections 20614 and 20998 to, the Public Contract
Code, to amend Section 13041 of the Public Resources Code, to amend
Sections 1550, 1550.1, 1552, and 5100 of, to repeal Sections 1551,
1553, and 1554 of, and to repeal and add Section 1550.2 of, the
Streets and Highways Code, and to amend Section 40355 of the Water
Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 113, as introduced, Committee on Local Government. Local
Government Omnibus Act of 2009.
(1) Existing law authorizes the board of supervisors of a county
to acquire and convey property to the United States for use for any
military purpose authorized by any law of the United States, as
specified.
This bill would repeal these provisions.
(2) Existing law specifies the procedures a county must follow
when adopting an annual budget.
This bill would implement the County Budget Act, which would
clarify the definition of the terms administrative officer, auditor,
board, and controller, and would define the terms adopted budget,
budget year, final budget, and recommended budget, and would make
conforming changes throughout. The bill would also repeal obsolete
provisions and make other conforming changes.
(3) Existing law requires the board of supervisors of each county
to establish a property tax reduction fund to receive all new
revenues from sources other than property tax to reduce the property
tax rate, as specified.
This bill would repeal these provisions.
(4) Existing law authorizes Sonoma County to adopt a retail
transaction and use tax ordinance applicable in the incorporated and
unincorporated territory of a county, as specified.
This bill would repeal this authorization.
(5) Existing law requires the Controller to proscribe, and publish
uniform accounting procedures for counties that conform to generally
accepted accounting principals, as specified.
This bill would instead require the Controller to proscribe and
publish uniform accounting procedures for counties that conform to
the Generally Accepted Accounting Principles.
(6) Existing law specifies the procedures for setting the
compensation of city council members and establishes a compensation
schedule based on city population.
This bill would raise the maximum compensation of city council
members established in the compensation schedule and authorize city
councils to raise the salary of council members under specified
circumstances.
(7) Existing law authorizes a city to form any portion of the city
into a special municipal tax district for the purpose of levying
upon the taxable property in the district a special tax not to exceed
$1 a year on each $100 of assessed valuation, as specified.
This bill would repeal this authorization.
(8) The Subdivision Map Act establishes standards and procedures
for subdivision of land in the state by prohibiting the selling,
leasing, or financing of any parcel of real property without
compliance with the map review, approval, and recordation
requirements of the act.
The act exempts from its provisions, among other things, a lot
line adjustment between 4 or fewer existing adjoining parcels, where
the land taken from one parcel is added to an adjoining parcel, and
where a greater number of parcels than originally existed is not
thereby created, if the lot line adjustment is approved by the local
agency or advisory agency.
This bill would require a local agency or advisory agency to act
to approve or disapprove a lot line adjustment pursuant to the Permit
Streamlining Act.
(9) The Subdivision Map Act requires that final maps and parcel
maps be prepared by or under the direction of a registered civil
engineer or licensed land surveyor and conform to all specified
provisions, including that the exterior boundary of the land included
within the subdivision be indicated by distinctive symbols and
clearly so designated.
This bill would require that the exterior boundary of the land
included within the subdivision not include a parcel that has been
designated as a remainder of the subdivision or has been omitted from
the subdivision and would require the designated remainder or
omitted parcel to be labeled as a designated remainder parcel or
omitted parcel.
(10) The Subdivision Map Act requires that dedications of, or
offers to dedicate interests in, real property for specified public
purposes be made by a statement on the final map, signed and
acknowledged by those parties having any record title interest in the
real property being subdivided.
This bill would require, if a subdivider is required under the act
or any other provision of law to make a dedication for specified
public purposes on a final map, that the local agency specify whether
the dedication is to be in fee for public purposes or an easement
for public purposes. The bill would require the subdivider to include
certain language in the dedication clause on the final map or any
separate instrument.
(11) Existing law authorizes a county board of supervisors to levy
a special sanitary tax to prevent the introduction of, and to
eradicate, dangerous, infectious, or communicable diseases, and for
general sanitation purposes, as specified.
This bill would revise these provisions to conform with Article
XIII A of the Constitution.
(12) Existing law authorizes a county board of supervisors to levy
a special tax to provide and maintain a home for veteran soldiers,
sailors, and marines who have served the United States honorably in
any of its wars, as specified.
This bill would revise these provisions to conform with Article
XIII A of the Constitution.
(13) Existing law authorizes a county board of supervisors to levy
a special tax to provide, maintain, or provide and maintain
buildings, memorial halls, meeting places, memorial parks, or
recreation centers for the use or benefit of one or more veterans'
associations, as specified.
This bill would revise these provisions to conform with Article
XIII A of the Constitution.
(14) The Local Agency Public Contract Act authorizes a county
board of supervisors, by ordinance, resolution, or board order, to
authorize the county engineer, or other county officer, to order
changes or additions in the work being performed under construction
contracts. The extra cost for any change or addition to the work so
ordered shall not exceed $5,000 when the total amount of the original
contract does not exceed $50,000, 10% of the amount of any original
contract that exceeds $50,000, but does not exceed $250,000, or
$25,000, plus 5 percent of the amount of the original contract cost
in excess $250,000 for contracts whose original cost exceeds
$250,000. Existing law limits the cost of any change or alteration to
no more than $150,000.
This bill would raise the limit on the cost of any change or
alteration to $210,000 and would authorize the board of supervisors
to adjust that limit to reflect changes in the applicable regional
consumer price index published by the Bureau of Labor Statistics of
the United States Department of Labor.
This bill would authorize the same change order expenditure
procedures and limits for a county waterworks district established
pursuant to the County Waterworks District Law, and the Los Angeles
County Flood Control District.
(15) The Resort Improvement District Law authorizes a district
board to provide each director compensation of not more than $25 and
reimbursement for travel expenses actually incurred by the director
not to exceed $0.15 per mile for each meeting of the board, not to
exceed two meetings in any calendar month.
This bill would instead authorize compensation of not more than
$25 for each meeting of the board, not to exceed two meetings in any
calendar month, plus reimbursement for actual and necessary expenses
incurred in the performance of duties pertaining to the board. The
bill would also require any compensation provided to comply with the
guidelines for providing compensation of legislative body members for
attendance at specified meetings, and would require ethics training.
(16) Existing law authorizes a county board of supervisors to form
special road maintenance districts, and to estimate annually, the
amount of property tax for highway purposes in each road district,
and fix the amount of, and levy, the property tax in each special
road district for highway purposes, not to exceed $0.40 on every $100
of assessable property in the district in any year.
This bill would revise these provisions to conform with Articles
XIII A and XIII C of the Constitution.
(17) Under existing law, all streets, places, public ways,
property, rights-of-way, tidelands, submerged lands owned by any
city, open or dedicated to public use, any property for which an
order for possession prior to judgment has been obtained, all
tidelands or submerged lands to which the right, title, and interest
of the state have been granted to any city, and all tidelands or
submerged lands which have been leased by the state to any city for
the construction of improvements are open public streets, places,
public ways, or property or rights-of-way owned by the city, for the
purposes of the Improvement Act of 1911.
This bill would include among those open public streets, places,
public ways, or property or rights-of-way owned by the city, all
tidelands or submerged lands for which a permit, license, or easement
has been issued by the United States Army Corps of Engineers, as
specified.
(18) The California Water Storage District Law authorizes
directors to receive compensation of $100 per day, not to exceed 6
days a month, $0.10 per mile for each mile traveled from the board
member's place of residence to the office of the board, and actual
and necessary expenses while engaged in official business under the
order of the board.
This bill would instead authorize directors to receive
compensation of not more than $100 per day, not to exceed 6 days a
month, and actual and necessary expenses while engaged in official
business under the order of the board.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known and may be cited as the
Local Government Omnibus Act of 2009.
(b) The Legislature finds and declares that Californians want
their governments to be run efficiently and economically and that
public officials should avoid waste and duplication whenever
possible. The Legislature further finds and declares that it desires
to control its own costs by reducing the number of separate bills.
Therefore, it is the intent of the Legislature in enacting this act
to combine several minor, noncontroversial statutory changes relating
to the common theme, purpose, and subject of local government into a
single measure.
SEC. 2. Section 7902.7 of the Government Code is amended to read:
7902.7. (a) The appropriations limit of a city incorporated on or
after January 1, 1988, but prior to January 1, 1990, shall be
determined pursuant to Sections 56842.6 and 57104 and approved by the
voters at the incorporation election.
(b) The
7902.7. (a) The
appropriations limit of a city incorporated on or after January 1,
1990, shall be determined pursuant to Section 56842.6
56812 .
(c)
(b) The appropriations limit of a special district
formed on or after January 1, 1988, shall be determined pursuant to
Sections 56842.5 and 57104 Section 56811
and approved by the voters at the formation election.
(d)
(c) The appropriations limit of a county formed on or
after January 1, 1988, shall be determined pursuant to Section 23332
and approved by the voters at the formation election.
SEC. 3. Section 23232 of the Government Code is amended to read:
23232. Proceedings under this article shall not be subject to the
provisions of Chapter 6.6 (commencing with Section 54773)
of Part 1 of Division 2 the Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000, Division 3 (commencing
with Section 56000) of Title 5, relating to local agency
formation commissions.
SEC. 4. Section 25210.2 of the Government Code is amended to read:
25210.2. Unless the context requires otherwise, as used in this
chapter, the following terms shall have the following meanings:
(a) "Board" means the county board of supervisors acting as the
governing authority of a county service area.
(b) "Commission" or "local agency formation commission" means a
local agency formation commission that operates in the county
pursuant to the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000, Division 3 (commencing with Section
56000) of Title 5.
(c) "County service area" means a county service area formed
pursuant to this chapter or any of its statutory predecessors.
(d) "Geologic hazard" means an actual or threatened landslide,
land subsidence, soil erosion, earthquake, or any other natural or
unnatural movement of land or earth.
(e) "Inhabited territory" means territory within which there
reside 12 or more registered voters. All other territory shall be
deemed "uninhabited."
(f) "Landowner" or "owner of land" means all of the following:
(1) Any person shown as the owner of land on the county's most
recent assessment roll, except where that person is no longer the
owner. Where that person is no longer the owner, the landowner or
owner of land is any person entitled to be shown as the owner of land
on the next assessment roll.
(2) Where land is subject to a recorded written agreement of sale,
any person shown in the agreement as purchaser.
(3) Any public agency owning land, provided that a public agency
which owns highways, rights-of-way, easements, waterways, or canals
shall not be deemed a landowner or owner of land.
(g) "Latent power" means any service or facility authorized by
Article 4 (commencing with Section 25213) that the local agency
formation commission has determined, pursuant to subdivision
(h) (i) of Section 56425, that the county
service area was not authorized to provide prior to January 1, 2009.
(h) "Voter" means a voter as defined by Section 359 of the
Elections Code.
(i) "Zone" means a zone formed pursuant to Article 8 (commencing
with Section 25217).
SEC. 5. Article 4 (commencing with Section 25420) of Chapter 5 of
Part 2 of Division 2 of Title 3 of the Government Code is repealed.
SEC. 6. Section 29000 of the Government Code is amended to read:
29000. This chapter shall be known, and may be cited,
as the County Budget Act. Unless the context
otherwise requires or provides, the general provisions set forth in
this article, and the requirements concerning county budget matters
prescribed by the Controller under Section 30200, govern the
construction of this chapter.
SEC. 7. Section 29001 of the Government Code is amended to read:
29001. Except as otherwise defined in this section, the meaning
of terms used in this chapter shall be as defined in the
accounting standards and procedures for counties
Accounting Standards and Procedures for Counties prescribed by
the Controller pursuant to Section 30200.
As used in this chapter:
(a) "Administrative officer," means the chief administrative
officer, county administrator, county executive, county manager, or
other officials employed in the several counties under various titles
whose duties and responsibilities are comparable to the officials
named herein.
(b) "Adopted budget" means the budget document formally approved
by the board of supervisors after the required public hearings and
deliberations on the recommended budget.
(b)
(c) "Auditor" means the county auditor or that officer
whose responsibilities include those designated in Chapter 4
(commencing with Section 26900) of Division 2.
(c)
(d) "Board" means the board of supervisors of the
county, or the same body acting as the governing board of a special
district whose affairs and finances are under its supervision and
control.
(e) "Budget year" means the fiscal year (July 1 through June 30)
for which the budget is being prepared.
(d)
(f) "Controller" means the State Controller.
(g) "Final budget" means the adopted budget adjusted by all
revisions throughout the fiscal year as of June 30.
(h) "Recommended budget" means the budget document recommended to
the board of supervisors by the designated county official.
SEC. 8. Section 29002 of the Government Code is amended to read:
29002. This chapter shall apply to counties and to
special districts counties, dependent special
districts, and other agencies whose affairs and finances are
under the supervision and control of the board.
SEC. 9. Section 29003 of the Government Code is repealed.
29003. This chapter does not apply to any moneys subject to
disbursement, allocation, or apportionment by the county
superintendent of schools pursuant to the Education Code or other
statute, and which is not derived from appropriations made by the
board.
SEC. 10. Section 29003 is added to the Government Code, to read:
29003. Except as otherwise specifically provided by law, a
majority vote of the total membership of the board is required for
the board to take action pursuant to this chapter.
SEC. 11. Section 29004 of the Government Code is repealed.
29004. This chapter does not remove or in any way affect any tax
limit fixed by law.
SEC. 12. Section 29005 of the Government Code is amended to read:
29005. (a) The Controller shall promulgate
such rules, regulations, and classifications as are deemed necessary
and commensurate with the accounting procedures for counties
prescribed pursuant to Section 30200 to secure standards of
uniformity among the various counties and to carry out the provisions
of this chapter. The rules, regulations and classifications shall be
adopted in accordance with the provisions of Section 30200.
The
(b) The Controller shall
prescribe the forms required to be used in presenting the required
information in the budget document after consultation with the
Committee on County Accounting Procedures, which committee is
provided for in Section 30201. Any county may add to the information
required, or show display it in more
detail, providing that the financial information and the
classifications or items required to be included in the budget are
clearly and completely set forth. Any change proposed by a county in
the arrangement of the information required on the forms shall be
subject to review and approval by the Controller.
SEC. 13. Section 29006 of the Government Code is amended to read:
29006. Dependent on the stage of development of the
For the adopted budget, the various forms, as
prescribed by the Controller pursuant to Section 29005, shall provide
for the presentation of data and information to include, as
at a minimum, estimated or actual amounts of
the following items by fund :
(a) Fund balances.
(1) Reserved or designated .
(2) Unreserved and undesignated .
(A) Designated.
(B) Undesignated.
(b) External Additional
financing sources , including property taxes, which
shall be classified to set forth the data
by source in accordance with the accounting procedures for
counties as prescribed by the Controller pursuant to Section 30200.
For comparative purposes the amounts of external
financing sources shall be shown as follows:
(1) On an actual basis for the second fiscal year
preceding that to which the budget is to apply fiscal
year two years prior to the budget year .
(2) On an actual basis, except for those sources that can only be
estimated, for the first fiscal year preceding that to which
the budget is to apply fiscal year prior to the
budget year .
(3) On an estimated basis for the budget year, as submitted by
those officials or persons responsible therefor ,
or as recommended by the auditor or administrative
officer or auditor , as appropriate.
(4) On an estimated basis for the budget year, as approved, or as
adopted, by the board.
(c) Financing uses for each budget unit, which shall be
classified to set forth the data by the
fund or funds from which financed, by the objects of expenditure,
other financing uses, intrafund transfers, and residual
equity transfers-out in accordance with the accounting
procedures for counties and by such further classifications or
requirements pertaining to county budget matters as prescribed by the
Controller pursuant to Section 30200.
For comparative purposes the amounts of financing uses shall be
shown as follows:
(1) On an actual basis for the second fiscal year
preceding that to which the budget is to apply fiscal
year two years prior to the budget year .
(2) On an actual basis, except for those uses that can only be
estimated, for the first fiscal year preceding that to which
the budget is to apply fiscal year prior to the
budget year .
(3) On an estimated basis for the budget year, as submitted by
those officials or persons responsible therefor ,
or as recommended by the administrative officer or other officer
designated by the board.
(4) On an estimated basis for the budget year, as approved, or as
adopted, by the board.
(d) The amounts proposed to be provided as appropriations
Appropriations for contingencies.
(e) The amounts proposed to be provided as provisions
Provisions for reserves and designations.
(f) The appropriations limit and the total annual appropriations
subject to limitation as determined pursuant to Division 9
(commencing with Section 7900) of Title 1.
SEC. 14. Section 29007 of the Government Code is amended to read:
29007. There shall be a schedule in or supporting the
adopted budget document or separate ordinance or resolution,
setting forth for each budget unit the following data for each
position classification:
(a) Salary rate or range, as applicable.
(b) Number of positions currently approved.
(c) Number of positions requested or recommended by the
administrative officer if designated by the board.
(d)
(b) Number of Total allocated
positions approved by the board.
SEC. 15. Section 29008 of the Government Code is amended to read:
29008. At a minimum, within the object of fixed
capital assets, the estimates
budget amounts for:
(a) Land shall be shown in lump-sum
reported in total amounts, except when included as a component
of a project.
(b) Buildings Structures and
improvements shall be shown reported
separately as to for each project,
except that minor improvement projects may be given
reported in totals.
(c) Equipment shall be shown in a lump-sum amount
reported in total amounts by budget unit.
(d) Infrastructure shall be reported in total amounts by budget
unit.
SEC. 16. Section 29009 of the Government Code is amended to read:
29009. In the proposed recommended,
adopted, and final budgets the budgetary requirements
funding sources shall equal the
available financing uses .
SEC. 17. The heading of Article 2 (commencing with Section 29040)
of Chapter 1 of Division 3 of Title 3 of the Government Code is
amended to read:
Article 2. Filing of Estimates Budget
Request
SEC. 18. Section 29040 of the Government Code is amended to read:
29040. On or before June 10th 10 of
each year, as the board directs, each official
or person in charge of any budget unit shall
file with provide the administrative officer
or the auditor , as the board directs, an
itemized request detailing the estimate of
available financing sources , financing
requirements uses , and any other matter
required by the board. If the board directs, the estimates
shall also be filed with the administrative officer.
SEC. 19. Section 29042 of the Government Code is amended to read:
29042. The estimates requests shall
be submitted on worksheet forms as
prescribed by the auditor, or the administrative
officer if or the auditor, as
designated by the board. The officer prescribing the
worksheet forms shall supply such forms.
SEC. 20. Section 29043 of the Government Code is amended to read:
29043. The auditor shall provide the estimates for bonded debt
service requirements. He The auditor
shall also provide or furnish to the responsible authority, as
applicable, the estimates for bonded debt service requirements of:
(a) School districts.
(b) Any special district, the records for which are maintained in
his the auditor's office as required by
law.
In addition to providing the estimates for debt service
requirements, the auditor shall, if required pursuant to the policies
of the board, also include a percentage of up to one-fourth of 1
percent of the amount to be raised by taxation for such debt service
requirements applicable to any bond or bonds of any special district
or zone or improvement district thereof, but excluding a school
district.
SEC. 21. Section 29044 of the Government Code is amended to read:
29044. The auditor shall furnish provide
to the administrative officer or such other official as the
board directs, any financial statements or data , the
preparation of which properly falls within the duties of his or her
office, together with his or her or
recommendations, if any, for any changes to the estimated financing
sources referenced in Section 29040.
SEC. 22. Section 29045 of the Government Code is amended to read:
29045. In the absence or disability, or failure of any official
or person required to submit estimates pursuant to this
article, budget requests, they shall be
submitted by the acting official or person
in charge of the budget unit during the absence or
disability of the principal, or shall be prepared by the
administrative officer or the auditor or the
administrative officer as designated by the board.
SEC. 23. The heading of Article 3 (commencing with Section 29060)
of Chapter 1 of Division 3 of Title 3 of the Government Code is
amended to read:
Article 3. Proposed Recommended
Budget
SEC. 24. Section 29060 of the Government Code is amended to read:
29060. From the estimates the auditor, or the
The administrative officer if or
auditor as designated by the board, shall prepare a
tabulation on forms prescribed by the State Controller in the manner
as prescribed by the provisions of this chapter
compile the budget requests .
SEC. 25. Section 29061 of the Government Code is amended to read:
29061. The board may shall
designate either the administrative officer or
auditor to review , hold hearings on, and recommend
changes in the estimates before the tabulation is submitted to the
board the budget requests and prepare a recommended
budget . Any differences between the recommendations
and the estimates as submitted with which the official or person who
submitted the estimates does not concur, shall be clearly indicated
may be described in the written recommendations
or comments, or both.
SEC. 26. Section 29062 of the Government Code is amended to read:
29062. The tabulation recommended budget
shall be submitted to the board by the administrative
officer or auditor, or by the administrative officer
if as designated by the board, on or before June
30th 30 of each year, as the board
directs.
SEC. 27. Section 29063 of the Government Code is amended to read:
29063. Upon receipt of the tabulation
recommended budget, the board shall consider it and, on or
before July 20th June 30 of each year,
at such time as it directs, shall make any revisions, reductions
, or additions therein that it deems advisable
. Any official or person whose estimates
budget requests have been so revised
, reduced or increased by the board shall be given
the opportunity to be heard thereon before the board during or prior
to the hearings required by Section 29080 of this chapter
.
SEC. 28. Section 29064 of the Government Code is amended to read:
29064. (a) On or before
July 20th June 30 of each year the
board, by formal action, shall approve the tabulation with
the recommended budget, including the revisions
, additions and changes in conformity with its judgment and
conclusions as to a proper financial program for the budget period,
whereupon it shall constitute the proposed budget for the period to
which it is to apply it deems necessary for the
purpose of having authority to spend until the budget is adopted
.
(b) The board may make additions and changes to the proposed
budget as it desires up to the time of adoption of the final budget,
provided that any increase or inclusion of additional items shall not
be made after the public hearing on the final budget unless proposed
in writing and filed with the clerk of the board before the close of
the public hearing or unless approved by the board by four-fifths
vote.
SEC. 29. Section 29065 of the Government Code is amended to read:
29065. On or before August 10th September
8 of each year, as the board directs, the proposed
budget document, and the required statements if separate, shall be
reproduced so that each member of the general public who desires may
obtain one. Copies of any changes made to the proposed budget
pursuant to subdivision (b) of Section 29064 shall be made available
to the public 72 hours prior to the budget hearings
the recommended budget shall be made available to the
public .
SEC. 30. Section 29065.5 of the Government Code is repealed.
29065.5. At a date on or before August 10th an official
designated by the board shall file with the clerk of the board a
tabulation prepared in accordance with the board's direction.
When so filed, this tabulation shall constitute the proposed
budget and shall be reproduced by the designated official so that
each member of the general public may obtain one.
When this section is implemented, it shall be the responsibility
of the official designated by the board to format the tabulation to
the requirements of Sections 29005, 29006, 29007, and 29008, to
concur with its use.
The alternative procedure prescribed by this section shall apply
to a county only if the board adopts the procedure by resolution.
SEC. 31. Section 29066 of the Government Code is repealed.
29066. On or before August 10 of each year, the board shall
publish a notice once in a newspaper of general circulation
throughout the county, stating that:
(a) The proposed budget documents are available to members of the
general public.
(b) On a date stated in the notice, not less than 10 days after
the budget documents are available, and at a time and place also
stated in the notice, the board will meet for the purpose of
conducting a public hearing on the proposed budget preparatory to
making a final determination thereon, and,
(c) Any member of the general public may appear at the hearing and
be heard regarding any item of the budget or for the inclusion of
additional items.
The board may, by resolution, extend on a permanent basis or for a
limited period the date required by this section from August 10 to
September 8.
SEC. 32. The heading of Article 4 (commencing with Section 29080)
of Chapter 1 of Division 3 of Title 3 of the Government Code is
amended to read:
Article 4. Final Adopted Budget
SEC. 33. Section 29080 of the Government Code is repealed.
29080. On or before August 20 of each year, as the board directs,
it shall meet at the time and place designated in the published
notice, at which meeting any member of the general public may appear
and be heard regarding any item in the proposed budget or for the
inclusion of additional items. Any official whose estimates have been
or are proposed to be revised, reduced, or increased, or who desires
to change his or her estimates, shall be given the opportunity to be
heard thereon. All proposals for the increase or the inclusion of
additional items shall be submitted in writing to the clerk of the
board before the close of the public hearing.
The board may, by resolution, extend on a permanent basis or for a
limited period the date required by this section from August 20 to
September 18.
SEC. 34. Section 29080 is added to the Government Code, to read:
29080. On or before September 8 of each year, the board shall
publish a notice in a newspaper of general circulation throughout the
county stating that:
(a) The recommended budget documents are available to members of
the public.
(b) On the date stated in the notice, not fewer than 10 days after
the recommended budget documents are available, and at a time and
place also stated in the notice, the board will conduct a public
hearing on the recommended budget.
(c) Any member of the public may appear at the hearing and be
heard regarding any item in the recommended budget or for the
inclusion of additional items.
(d) All proposals for revisions shall be submitted in writing to
the clerk of the board of supervisors before the close of the public
hearing.
SEC. 35. Section 29081 of the Government Code is amended to read:
29081. The hearing may be continued from day to day until
concluded, but not to exceed a total of 10 14
calendar days , and shall be concluded before the
expiration of 10 calendar days if there are no requests or
applications on file with the clerk of the board for further hearings
prior to the close of the hearings .
The board may, by resolution, extend on a permanent basis or for a
limited period the number of days for a continuance under this
section from 10 to 14.
SEC. 36. Section 29082 of the Government Code is amended to read:
29082. (a) At the hearing, the board of supervisors shall
hear any official who wishes to be heard regarding the recommended
budget for his or her budget unit.
(b) At the time the estimates for a
budget unit are under consideration of the hearing
, the board of supervisors may call in the official
or person who submitted such estimates for examination
in charge of any budget unit concerning any
matter relating to the his or her
budget unit . The board of supervisors may also call
in the official or person or official may also be
called by the board in charge of a budget unit
if any member of the general public files with the
clerk of the board a written request to question any of the
estimates made by that official or person matter
relating to that budget unit .
SEC. 37. Section 29083 of the Government Code is amended to read:
29083. (a) The auditor, or a deputy
designated by him the auditor , shall
attend the public hearing on the proposed
recommended budget, and shall furnish the board with any
financial statements and data it requires.
It
(b) It shall be the responsibility
of the administrative officer or auditor to revise the
proposed recommended budget to reflect
the actions of the board pertaining thereto in developing the
final adopted budget document.
SEC. 38. Section 29084 of the Government Code is amended to
read:
29084. The budget may contain an appropriation or appropriations
for contingencies which the board may establish by either or
a combination of the following methods: in such
amounts as the board deems sufficient.
(a) Setting aside an amount within a fund not to exceed 15 percent
of the total appropriations from the respective fund exclusive of
the amount of the appropriation for contingencies.
(b) Setting aside an amount in a separate contingency fund or in
the General Fund not to exceed 15 percent of the total appropriations
contained in the budget, exclusive of all appropriations for bonded
debt service and all appropriations for contingencies. The total
appropriations on which the 15-percent limitation is based shall
exclude the total appropriations on each fund for which an
appropriation for contingencies is established pursuant to (a).
SEC. 39. Section 29085 of the Government Code is amended to read:
29085. The budget for each fund may contain reserves,
including a general reserve, and designations in such amounts as the
board deems sufficient.
SEC. 40. Section 29086 of the Government Code is amended to read:
29086. Except in cases of a legally declared emergency, as
defined in Section 29127, the general reserve may only be
established, canceled, increased or decreased at the time of adopting
the budget as provided in Section 29088. The general reserve
may be increased any time during the fiscal year by a four-fifths
vote of the board.
SEC. 41. Section 29088 of the Government Code is amended to read:
29088. (a) After the
conclusion of the hearing, and not later than August 30
October 2 of each year, and after making any
revisions of, deductions from, or increases or additions to, the
proposed recommended budget it deems
advisable during or after the public hearing, the board shall by
resolution adopt the budget as finally determined. Increases or
additions shall not be made after the public hearing, unless the
items were proposed in writing and filed with the clerk of the board
before the close of the public hearing or unless approved by the
board by four-fifths vote. The changes made pursuant to
subdivision (b) of Section 29064 may be recorded as changes to the
final budget.
(b) Whenever the state budget is enacted after July 1, the board
may, by resolution, extend the date specified by subdivision (a) for
a period not to exceed 60 days from the date of the enactment of the
state budget or October 2, whichever is later, or 15 days beyond the
date specified in Section 29080.
(c) The board may, by resolution, extend on a permanent basis or
for a limited period the date specified by this section from August
30 to October 2.
SEC. 42. Section 29088.1 of the Government Code is repealed.
29088.1. Notwithstanding any other provision of law, for the
1992-93 fiscal year a county may adopt a final budget no later than
November 2, 1992. All procedural deadlines specified in Sections
29066 to 29109, inclusive, shall be adjusted accordingly.
SEC. 43. Section 29089 of the Government Code is amended to read:
29089. The resolution of adoption of the budget of the county
and of , each special dependent
district , and each other agency as defined in Section
29002, shall specify:
(a) Appropriations by objects of expenditure within each budget
unit , except for capital assets which are
appropriated at the subobject level pursuant to Section 29008 .
(b) Other financing uses by budget unit.
(c) Intrafund transfers by budget unit.
(d) Residual equity transfers-out
Transfers-out by fund.
(e) Appropriations for contingencies, by fund.
(f) Provisions for reserves and designations, by fund and purpose.
(g) The means of financing the budget requirements.
(h) The appropriations limit and the total annual appropriations
subject to limitation as determined pursuant to Division 9
(commencing with Section 7900) of Title 1.
SEC. 44. Section 29090 of the Government Code is amended to read:
29090. The adoption of the budget may be accomplished by a
resolution in which the adoption is effectuated by reference to the
financing requirements uses in the
budget as finally determined, provided that the minimum requirements
set forth in Section 29089 are met in the budget document. If adopted
by reference, the budget shall have the same effect and be subject
to the same provisions of law as if the resolution of adoption had
been accomplished by specific designation.
SEC. 45. Section 29091 of the Government Code is repealed.
29091. The several amounts of proposed financing uses specified
in the resolution as finally adopted are thereby appropriated at the
object level except for fixed assets, which are appropriated at the
subobject level as referenced in Section 29008 for the various budget
units of the county and for the special districts for the period to
which the budget is intended to apply.
SEC. 46. Section 29092 of the Government Code is amended to read:
29092. The board may set forth appropriations in greater detail
than required in Section 29089 or 29091 and may
authorize any additional controls for the administration of the
budget as it deems necessary; the necessary.
The board may designate a county official to exercise these
administrative controls.
SEC. 47. Section 29093 of the Government Code is amended to read:
29093. (a) A copy of the completed
adopted budget as finally determined and adopted
in the format prescribed by the Controller shall
be filed by the auditor in the office of the clerk of the board and
the office of the Controller not later than November
December 1 of each year.
(b) (1) If the auditor, after receipt of written notice from the
Controller, fails to transmit a copy of the adopted budget
within 20 days, he or she the county
shall forfeit to the state one thousand dollars ($1,000) to be
recovered in an action brought by the Attorney General, in the name
of the Controller.
(2) Upon a satisfactory showing of good cause, the Controller may
waive the penalty for late filing provided in paragraph (1).
(c) The board may, by resolution, extend on a permanent basis or
for a limited period the date specified by this section from November
1 to December 1.
SEC. 48. Section 29100 of the Government Code is amended to read:
29100. (a) On or before the first business
day of September of each year, the board shall adopt by resolution
the rates of taxes on the secured roll, not to exceed the 1-percent
limitation specified in Article XIII A of the Constitution and
Sections 93 and 100 of the Revenue and Taxation Code; for
Code. For voter-approved indebtedness, the board
shall adopt the rates on the secured roll by determining the
percentage of full value of property on the secured roll legally
subject to support the annual debt requirement. Each rate shall be
such as will produce the amount determined as necessary to be raised
by taxation on the secured roll after due allowance for delinquency,
anticipated changes to the roll, disputed tax revenues anticipated to
be impounded pursuant to Section 26906.1, amounts subject to Part 1
(commencing with Section 33000) of Division 24 of the Health and
Safety Code, and other available financing sources. The board may
adopt a rate for voter-approved indebtedness as will produce an
amount determined as appropriate for necessary reserves. For
(b) For purposes of this section,
"an amount appropriate for necessary reserves" shall be limited to
an amount sufficient to accommodate the county's anticipated annual
cash-flow needs for servicing the county's voter-approved debt. The
reserve may service only the debt for which the extraordinary rate is
levied. All interest earned on the amount deposited in the necessary
reserve shall accrue to the necessary reserve.
The
(c) The board may, by resolution,
extend on a permanent basis or for a limited period the date
specified by this section from the first business day of each
September to each October 3.
SEC. 49. Section 29100.6 of the Government Code is amended to
read:
29100.6. (a) On or before November 1 of
each year each county auditor shall file with the Controller in such
form as the Controller directs, a statement of the amounts of exempt
values granted for the homeowners' property tax exemption under
subdivision (k) of Section 3 and Section 25 of Article XIII of the
Constitution for the county, each city and school district or portion
thereof within the county, each special district or subdivision or
zone thereof or portion thereof within the county, for which a tax
levy is carried on the county assessment roll. The auditor shall
therein compute and show the total amount of ad valorem tax loss to
the county and the cities and districts resulting from the exemption
and the statement shall claim such amount against the state for
payment of reimbursement.
The
(b) The board may, by resolution,
extend on a permanent basis or for a limited period the date
specified by this section from November 1 to December 1.
SEC. 50. Section 29109 of the Government Code is amended to read:
29109. (a) On or before November 1 of each year, the auditor
shall forward to the Controller, in such form as
the format prescribed by the Controller directs
, a statement of the rates of taxation, the assessed
valuation as shown on the current equalized assessment roll, the
amount of taxes to be levied and allocated pursuant to the Revenue
and Taxation Code.
(b) (1) If the auditor, after receipt of written notice from the
Controller fails to transmit the statements within 20 days,
he or she the county shall forfeit to the state,
one thousand dollars ($1,000) to be recovered in an action brought
by the Attorney General, in the name of the Controller.
(2) Upon a satisfactory showing of good cause, the Controller may
waive the penalty for late filing provided in paragraph (1).
(c) The board may, by resolution, extend on a permanent basis or
for a limited period the date specified in this section from November
1 to December 1.
SEC. 51. Section 29120 of the Government Code is amended to read:
29120. Except as otherwise provided by law, the board and every
other county or dependent special district official and
person shall be limited in the incurring or paying of obligations to
the amounts of the appropriations allowed by the
for each budget unit as originally adopted or
as thereafter revised by addition, cancellation , or
transfer.
SEC. 52. Section 29121 of the Government Code is amended to read:
29121. Except as otherwise provided by law, obligations incurred
or paid in excess of the unencumbered balance of
the amounts authorized in the budget unit appropriations
are not a liability of the county or dependent special
district, but a personal liability of the official
authorizing the obligation in an amount known by him to be
in excess of the unencumbered balance of the appropriation against
which it is drawn is liable therefor personally and upon his official
bond .
SEC. 53. Section 29122 of the Government Code is amended to read:
29122. The board shall not approve no
a claim and the auditor shall not
issue no warrant payment for any
obligation in excess of that authorized therefor
in the budget unit appropriation, except upon an order of
a court of competent jurisdiction , for an
emergency, or as otherwise provided by law. Provided,
further, with respect to a newly created special district or county
service area, whenever it is desired to commence operations prior to
the time for adoption of a budget for such district or service area,
the amount of any money advanced or transferred to such district or
service area under authority of law may be made available to meet the
financing requirements of the district or service area under the
provisions of Section 29130.
SEC. 54. Section 29124 of the Government Code is amended to read:
29124. (a) If at the beginning of any fiscal year, the
appropriations applicable to that year have not been finally
determined and adopted budget has not been adopted
, the auditor shall approve payments for the support of the
various budget units in accordance with the following authorizations:
(1) Except as otherwise provided in subdivision (b), the
several amounts set forth in the
proposed recommended budget
for the objects and purposes therein specified , except
obligations for fixed capital assets,
residual equity transfers, and for
transfer-out, and new permanent employee positions, are deemed
appropriated until the adoption of the final
budget.
(2) Obligations for fixed assets, residual equity
transfers, and for Capital assets,
transfers-out, and new permanent employee positions are deemed
appropriated until the adoption for of
the final budget if specifically approved by the
board. For the purposes of this subdivision, the words "new permanent
employee positions" do not include any employee positions created in
lieu of an employee position which is abolished.
(3) If the proposed recommended
budget has not been approved by the board because of an
emergency as described in subdivision (a) of Section 29127 ,
the amounts deemed appropriated shall be based on the final
budget of the preceding year, excluding fixed
assets and residual equity transfers
transfers-out unless specifically approved by the board.
(b) Notwithstanding any other provision of this section, prior to
the adoption of a final the
adopted budget, the board of supervisors may impose expenditure
limitations that are more restrictive than those contained in this
section.
SEC. 55. Section 29125 of the Government Code is amended to read:
29125. (a) Transfers and revisions to
the adopted ap propriations may be made
with respect to the appropriations as specified in the resolution of
adoption of the budget, except with respect to transfers from the
appropriations for contingencies, by an action formally
adopted by the board at a regular or special meeting and
entered in its minutes. The as follows:
(1) If between funds, by a four-fifths vote.
(2) If transfers from appropriation for contingencies, by a
four-fifths vote.
(3) If between budget units within a fund if overall
appropriations are not increased, by a majority vote.
(b) The board may designate
a county official the administrative officer
or auditor to approve transfers and revisions of appropriations
within a budget unit if the overall appropriations of
the budget unit are not increased .
SEC. 56. Section 29126.1 of the Government Code is amended to
read:
29126.1. At any regular or special meeting the board may cancel
any unused appropriation in whole or in part upon determining that
the source of funding of the appropriation will be unrealized in
whole or part. A corresponding An offsetting
reduction shall be made to the approved
corresponding estimated revenue estimates .
SEC. 57. Section 29126.2 of the Government Code is amended to
read:
29126.2. The auditor may review and issue reports and make
recommendations regarding estimated available
financing sources , or actual available
finanacing financing sources , or both, and the
status of appropriations. The auditor shall submit to the board, and
any other official the board may designate, a statement showing this
information with respect to the condition of each separate budget
appropriation and to the condition of estimated available
financing sources , as the board requires.
SEC. 58. Section 29127 of the Government Code is amended to read:
29127. After adopting a resolution stating the facts constituting
the an emergency by a four-fifths vote
of the board at any regular or special meeting, of the time
and place of which all members have had reasonable notice,
the board may appropriate and make the expenditure necessary to meet
an emergency in any of the following cases:
(a) Upon the happening of an emergency caused by war, fire,
failure or the imminent failure of a water system or supply, flood,
explosion, storm, earthquake, epidemic, riot or insurrection.
(b) For the immediate preservation of order or of public health.
(c) For the restoration to a condition of usefulness of any public
property, the usefulness of which has been destroyed by accident.
(d) For the relief of a stricken community overtaken by calamity.
(e) For the settlement of approved claims for personal injuries or
property damages, exclusive of claims arising from the operation of
any public utilities owned by the county.
(f) To meet mandatory expenditures required by law.
SEC. 59. Section 29128 of the Government Code is amended to read:
29128. All emergency expenditures shall be paid by
warrant from any money in the county treasury in any fund
from which the expenditure may properly be paid.
SEC. 60. Section 29129 of the Government Code is repealed.
29129. If, at any time, there is insufficient money in the
treasury to pay any such warrants, they shall be registered, bear
interest and be called in the same manner as other county or special
district warrants.
SEC. 61. Section 29130 of the Government Code is amended to read:
29130. At any regularly scheduled or properly noticed special
meeting, the board by a four-fifths vote may make available for
appropriation any of the following:
(a) Balances in appropriations for contingencies, including
accretions from cancellations of appropriations.
(b)
(a) Designations and reserves (excluding
excluding the general reserve, balance sheet
reserves, and reserve for encumbrances) no longer required
for the purpose for which intended encumb
rances .
(c)
(b) Amounts which are either in excess of anticipated
amounts or not specifically set forth in the budget derived from any
actual or anticipated increases in available
financing sources . The auditor may review and
make recommendations regarding these amounts prior to the board
action.
SEC. 62. Section 29140 of the Government Code is repealed.
29140. The budget document in which the proposed and the final
budget, respectively, of the county are presented shall include a
special statement showing the status of the financing uses from bond
funds. The statement shall set forth the total estimated cost, and
the total actual expenditures to date of each project, appropriately
identified, and the fund from which financed.
SEC. 63. Section 29141 of the Government Code is amended to read:
29141. The adopted budget document in which
the proposed and final budget, respectively, of the county are
presented shall include , a
special schedule showing the managerial budget of each
service activity financed by a proprietary fund established pursuant
to the provisions of Sections 25260 and 25261. The
schedule shall set forth expected operations of the activity in such
detail for revenues and , expenses
, and reserves as will adequately display the
nature and the approximate size of its operations. Comparative data
as prescribed in Section 29021 shall be provided.
SEC. 64. Section 29142 of the Government Code is amended to read:
29142. Notwithstanding the provisions of any other
statute or code providing to the contrary any other
provision of law , when taxes or assessments are collected by
the county for any special district, or zone or improvement district
thereof, but excluding a school district, the board of supervisors
may provide for a collection fee for such services which when
collected shall belong to the county and shall be deposited to the
credit of the general fund, and shall cover the expense and
compensation of such officials of the county in the collection of
such taxes and of the interest or penalties thereon, subject to the
following:
(a) For taxes covering debt service requirements on any bond or
bonds authorized and issued by any such special district,
the tax rate fixed to raise such amounts may be fixed by the board of
supervisors to include also a percentage of such amounts up to
one-fourth of 1 percent thereof.
(b) For taxes covering all purposes of such special
districts, other than debt service requirements on bonds, the amount
of the collection fees, if any, to be charged by the county shall be
fixed by agreement between the board of supervisors and the governing
board of such special district and shall not exceed
one-fourth of 1 percent of all money collected.
SEC. 65. Article 10 (commencing with Section 29520) of Chapter 2
of Division 3 of Title 3 of the Government Code is repealed.
SEC. 66. Article 13 (commencing with Section 29560) of Chapter 2
of Division 3 of Title 3 of the Government Code is repealed.
SEC. 67. Section 30200 of the Government Code is amended to read:
30200. Under this division, the Controller shall prescribe for
counties uniform accounting procedures conforming to
generally accepted accounting principles the Generally
Accepted Accounting Principles (GAAP) . The procedures shall
be adopted under the provisions of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 and shall be
published in the California Administrative Code
of Regulations either in their entirety or by reference.
The Controller shall prescribe such procedures after consultation
with and approval by the Committee on County Accounting Procedures.
Approval of such procedures shall be by a majority vote of the
members of the committee. The vote may be conducted by mail at the
discretion of the chairperson of the committee, provided however,
that should one or more members of the committee request a meeting
for the purpose of voting the chairperson shall call a meeting of the
committee as provided in Section 30201.
SEC. 68. Section 36516 of the Government Code is amended to read:
36516. (a) (1) A city council may enact an
ordinance providing that each member of the city council shall
receive a salary , the amount of which shall be determined
by the following schedule: based on the population of
the city as set forth in paragraph (2).
(2) The salaries approved by ordinance under paragraph (1) shall
be as follows:
(1)
(A) In cities up to and including 35,000 in population,
up to and including three hundred dollars ($300) per month
; .
(2)
(B) In cities over 35,000 up to and including 50,000 in
population, up to and including four hundred dollars ($400) per
month ; .
(3)
(C) In cities over 50,000 up to and including 75,000 in
population, up to and including five hundred dollars ($500) per
month.
(4)
(D) In cities over 75,000 up to and including 150,000
in population, up to and including six hundred dollars ($600) per
month.
(5)
(E) In cities over 150,000 up to and including 250,000
in population, up to and including eight hundred dollars ($800) per
month.
(6)
(F) In cities over 250,000 population, up to and
including one thousand dollars ($1,000) per month.
For
(3) For the purposes of this
section subdivision, the population
of a city shall be determined by the last preceding
federal census, or a subsequent census, or estimate validated by the
Department of Finance.
(4) The salary of council members may be increased beyond the
amount provided in this subdivision by an ordinance or by an
amendment to an ordinance, but the amount of the increase shall not
exceed an amount equal to 5 percent for each calendar year from the
operative date of the last adjustment of the salary in effect when
the ordinance or amendment is enacted. No ordinance shall be enacted
or amended to provide automatic future increases in salary.
(b) At Notwithstanding subdivision (a), at
any municipal election, the question of whether city council
members shall receive compensation a salary
for services, and the amount of compensation
that salary , may be submitted to the electors. If a
majority of the electors voting at the election favor it, all of the
council members shall receive the compensation
salary specified in the election call.
Compensation The salary of council members may
be increased beyond the amount provided in this section or decreased
below the amount in the same manner.
(c) Compensation of council members may be increased beyond the
amount provided in this section by an ordinance or by an amendment to
an ordinance but the amount of the increase may not exceed an amount
equal to 5 percent for each calendar year from the operative date of
the last adjustment of the salary in effect when the ordinance or
amendment is enacted. No salary ordinance shall be enacted or amended
which provides for automatic future increases in salary.
(d)
(c) Unless specifically authorized by another statute,
a city council may not enact an ordinance providing for
compensation a salary to city council members in
excess of that authorized by the procedures described in
subdivisions (a) to (c), inclusive and (b)
. For the purposes of this section, compensation
a salary includes payment or compensation
for service by a city council member
on a commission, committee, board,
authority, or similar body on which the city council member serves.
If the other statute that authorizes the compensation
salary does not specify the amount of
compensation salary , the maximum amount shall
be one hundred fifty dollars ($150) per month for each commission,
committee, board, authority, or similar body.
(e)
(d) Any amounts paid by a city for retirement, health
and welfare, and federal social security benefits shall not be
included for purposes of determining salary under this section ,
provided that the same benefits are available and
paid by the city for its employees.
(f)
(e) Any amounts paid by a city to reimburse a council
member for actual and necessary expenses pursuant to Section 36514.5
shall not be included for purposes of determining salary pursuant to
this section.
(f) A city council member may waive any or all of the compensation
permitted by this section.
SEC. 69. Chapter 6 (commencing with Section 60000) of Division 1
of Title 5 of the Government Code is repealed.
SEC. 70. Section 61002 of the Government Code is amended to read:
61002. Unless the context requires otherwise, as used in this
division, the following terms shall have the following meanings:
(a) "At large" means the election of members of the board of
directors all of whom are elected by the voters of the entire
district.
(b) "Board of directors" means the board of directors of a
district that establishes policies for the operation of the district.
(c) "By divisions" means the election of members of the board of
directors who are residents of the division from which they are
elected only by voters of the division.
(d) "District" means a community services district created
pursuant to this division or any of its statutory predecessors.
(e) "From divisions" means the election of members of the board of
directors who are residents of the division from which they are
elected by the voters of the entire district.
(f) "General manager" means the highest level management appointee
who is directly responsible to the board of directors for the
implementation of the policies established by the board of directors.
(g) "Graffiti abatement" means the power to prevent graffiti on
public or private property, receive reports of graffiti on public or
private property, provide rewards not to exceed one thousand dollars
($1,000) for information leading to the arrest and conviction of
persons who apply graffiti on public or private property, abate
graffiti as a public nuisance pursuant to Section 731 of the Code of
Civil Procedure, remove graffiti from public or private property, and
use the services of persons ordered by a court to remove graffiti.
(h) "Latent power" means those services and facilities authorized
by Part 3 (commencing with Section 61100) that the local agency
formation commission has determined, pursuant to subdivision
(h) (i) of Section 56425, that a district did
not provide prior to January 1, 2006.
(i) "President" or "chair" means the presiding officer of the
board of directors.
(j) "Principal county" means the county having all or the greatest
portion of the entire assessed valuation, as shown on the last
equalized assessment roll of the county or counties, of all taxable
property in the district.
(k) "Secretary" means the secretary of the board of directors.
(l) "Voter" means a voter as defined by Section 359 of the
Elections Code.
(m) "Zone" means a zone formed pursuant to Chapter 5 (commencing
with Section 61140) of Part 3.
SEC. 71. Section 66412 of the Government Code is amended to read:
66412. This division shall be inapplicable to any of the
following:
(a) The financing or leasing of apartments, offices, stores, or
similar space within apartment buildings, industrial buildings,
commercial buildings, mobilehome parks, or trailer parks.
(b) Mineral, oil, or gas leases.
(c) Land dedicated for cemetery purposes under the Health and
Safety Code.
(d) A lot line adjustment between four or fewer existing adjoining
parcels, where the land taken from one parcel is added to an
adjoining parcel, and where a greater number of parcels than
originally existed is not thereby created, if the lot line adjustment
is approved by the local agency, or advisory agency. A local agency
or advisory agency shall limit its review and approval to a
determination of whether or not the parcels resulting from the lot
line adjustment will conform to the local general plan, any
applicable specific plan, any applicable coastal plan, and zoning and
building ordinances. An advisory agency or local agency shall not
impose conditions or exactions on its approval of a lot line
adjustment except to conform to the local general plan, any
applicable specific plan, any applicable coastal plan, and zoning and
building ordinances, to require the prepayment of real property
taxes prior to the approval of the lot line adjustment, or to
facilitate the relocation of existing utilities, infrastructure, or
easements. No tentative map, parcel map, or final map shall be
required as a condition to the approval of a lot line adjustment. The
lot line adjustment shall be reflected in a deed, which shall be
recorded. No record of survey shall be required for a lot line
adjustment unless required by Section 8762 of the Business and
Professions Code. A local agency shall approve or disapprove a
lot line adjustment pursuant to the Permit Streamlining Act (Chapter
4.5 (commencing with Section 65920) of Division 1).
(e) Boundary line or exchange agreements to which the State Lands
Commission or a local agency holding a trust grant of tide and
submerged lands is a party.
(f) Any separate assessment under Section 2188.7 of the Revenue
and Taxation Code.
(g) Unless a parcel or final map was approved by the legislative
body of a local agency, the conversion of a community apartment
project, as defined in Section 1351 of the Civil Code, to a
condominium, as defined in Section 783 of the Civil Code, but only if
all of the following requirements are met:
(1) At least 75 percent of the units in the project were occupied
by record owners of the project on March 31, 1982.
(2) A final or parcel map of the project was properly recorded, if
the property was subdivided, as defined in Section 66424, after
January 1, 1964, with all of the conditions of that map remaining in
effect after the conversion.
(3) The local agency certifies that the above requirements were
satisfied if the local agency, by ordinance, provides for that
certification.
(4) Subject to compliance with subdivision (e) of Section 1351 of
the Civil Code, all conveyances and other documents necessary to
effectuate the conversion shall be executed by the required number of
owners in the project as specified in the bylaws or other
organizational documents. If the bylaws or other organizational
documents do not expressly specify the number of owners necessary to
execute the conveyances and other documents, a majority of owners in
the project shall be required to execute the conveyances or other
documents. Conveyances and other documents executed under the
foregoing provisions shall be binding upon and affect the interests
of all parties in the project.
(h) Unless a parcel or final map was approved by the legislative
body of a local agency, the conversion of a stock cooperative, as
defined in Section 1351 of the Civil Code, to a condominium, as
defined in Section 783 of the Civil Code, but only if all of the
following requirements are met:
(1) At least 51 percent of the units in the cooperative were
occupied by stockholders of the cooperative on January 1, 1981, or
individually owned by stockholders of the cooperative on January 1,
1981. As used in this paragraph, a cooperative unit is "individually
owned" if and only if the stockholder of that unit owns or partially
owns an interest in no more than one unit in the cooperative.
(2) No more than 25 percent of the shares of the cooperative were
owned by any one person, as defined in Section 17, including an
incorporator or director of the cooperative, on January 1, 1981.
(3) A person renting a unit in a cooperative shall be entitled at
the time of conversion to all tenant rights in state or local law,
including, but not limited to, rights respecting first refusal,
notice, and displacement and relocation benefits.
(4) The local agency certifies that the above requirements were
satisfied if the local agency, by ordinance, provides for that
certification.
(5) Subject to compliance with subdivision (e) of Section 1351 of
the Civil Code, all conveyances and other documents necessary to
effectuate the conversion shall be executed by the required number of
owners in the cooperative as specified in the bylaws or other
organizational documents. If the bylaws or other organizational
documents do not expressly specify the number of owners necessary to
execute the conveyances and other documents, a majority of owners in
the cooperative shall be required to execute the conveyances or other
documents. Conveyances and other documents executed under the
foregoing provisions shall be binding upon and affect the interests
of all parties in the cooperative.
(i) The leasing of, or the granting of an easement to, a parcel of
land, or any portion or portions thereof, in conjunction with the
financing, erection, and sale or lease of a windpowered electrical
generation device on the land, if the project is subject to
discretionary action by the advisory agency or legislative body.
(j) The leasing or licensing of a portion of a parcel, or the
granting of an easement, use permit, or similar right on a portion of
a parcel, to a telephone corporation as defined in Section 234 of
the Public Utilities Code, exclusively for the placement and
operation of cellular radio transmission facilities, including, but
not limited to, antennae support structures, microwave dishes,
structures to house cellular communications transmission equipment,
power sources, and other equipment incidental to the transmission of
cellular communications, if the project is subject to discretionary
action by the advisory agency or legislative body.
(k) Leases of agricultural land for agricultural purposes. As used
in this subdivision, "agricultural purposes" means the cultivation
of food or fiber, or the grazing or pasturing of livestock.
(l) The leasing of, or the granting of an easement to, a parcel of
land, or any portion or portions thereof, in conjunction with the
financing, erection, and sale or lease of a solar electrical
generation device on the land, if the project is subject to review
under other local agency ordinances regulating design and improvement
or, if the project is subject to other discretionary action by the
advisory agency or legislative body.
SEC. 72. Section 66434 of the Government Code is amended to read:
66434. The final map shall be prepared by or under the direction
of a registered civil engineer or licensed land surveyor, shall be
based upon a survey, and shall conform to all of the following
provisions:
(a) It shall be legibly drawn, printed, or reproduced by a process
guaranteeing a permanent record in black on tracing cloth or
polyester base film. Certificates, affidavits, and acknowledgments
may be legibly stamped or printed upon the map with opaque ink. If
ink is used on polyester base film, the ink surface shall be coated
with a suitable substance to assure permanent legibility.
(b) The size of each sheet shall be 18 by 26 inches or 460 by 660
millimeters. A marginal line shall be drawn completely around each
sheet, leaving an entirely blank margin of one inch or 025
millimeters. The scale of the map shall be large enough to show all
details clearly and enough sheets shall be used to accomplish this
end. The particular number of the sheet and the total number of
sheets comprising the map shall be stated on each of the sheets, and
its relation to each adjoining sheet shall be clearly shown.
(c) All survey and mathematical information and data necessary to
locate all monuments and to locate and retrace any and all interior
and exterior boundary lines appearing on the map shall be shown,
including bearings and distances of straight lines, and radii and arc
length or chord bearings and length for all curves, and any
information which that may be necessary
to determine the location of the centers of curves and ties to
existing monuments used to establish the subdivision boundaries.
(d) Each parcel shall be numbered or lettered and each block may
be numbered or lettered. Each street shall be named or otherwise
designated. The subdivision number shall be shown together with the
description of the real property being subdivided.
(e) (1) The exterior boundary of the land
included within the subdivision shall be indicated by distinctive
symbols and clearly so designated. The exterior boundary of the
land included within the subdivision shall not include a designated
remainder or omitted parcel that is designated or omitted
under Section 66424.6. The designated remainder or omitted parcel
shall be labeled as a designated remainder parcel or omitted parcel.
The map shall show the definite location of the subdivision,
and particularly its relation to surrounding surveys.
If
(2) If the map includes a
"designated remainder" parcel, and the gross area of the "designated
remainder" parcel or similar parcel is five acres or more, that
remainder parcel need not be shown on the map and its location need
not be indicated as a matter of survey, but only by deed reference to
the existing boundaries of the remainder parcel.
A
(3) A parcel designated as "not a
part" shall be deemed to be a "designated remainder" for purposes of
this section.
(f) On and after January 1, 1987, no additional requirements shall
be included that do not affect record title interests. However, the
map shall contain a notation or reference to additional information
required by a local ordinance adopted pursuant to Section 66434.2.
(g) Any public streets or public easements to be left in effect
after the subdivision shall be adequately delineated on the map. The
filing of the final map shall constitute abandonment of all public
streets and public easements not shown on the map, provided that a
written notation of each abandonment is listed by reference to the
recording data or other official record creating these public streets
or public easements and certified to on the map by the clerk of the
legislative body or the designee of the legislative body approving
the map. Before a public easement vested in another public entity may
be abandoned pursuant to this section, that public entity shall
receive notice of the proposed abandonment. No public easement vested
in another public entity shall be abandoned pursuant to this section
if that public entity objects to the proposed abandonment.
SEC. 73. Section 66439 of the Government Code is amended to read:
66439. (a) Dedications of, or offers to dedicate interests in,
real property for specified public purposes shall be made by a
statement on the final map, signed and acknowledged by those parties
having any record title interest in the real property being
subdivided, subject to the provisions of Section 66436.
(b) In the event any street shown on a final map is not offered
for dedication, the statement may contain a declaration to this
effect. If the statement appears on the final map and if the map is
approved by the legislative body, the use of the street or streets by
the public shall be permissive only.
(c) An offer of dedication of real property for street or public
utility easement purposes shall be deemed not to include any public
utility facilities located on or under the real property unless, and
only to the extent that, an intent to dedicate the facilities is
expressly declared in the statement.
(d) (1) If a subdivider is required under this division or any
other provision of law to make a dedication for specified public
purposes on a final map, the local agency shall specify whether the
dedication is to be in fee for public purposes or an easement for
public purposes.
(2) If the dedication is required to be in fee for public
purposes, the subdivider shall include the following language in the
dedication clause on the final map or any separate instrument: "The
real property described below is dedicated in fee for public
purposes: (here insert a description of the dedicated property that
is adequate to convey the property)."
(3) If the dedication is required to be an easement for public
purposes, the subdivider shall include the following language in the
dedication clause on the final map or any separate instrument: "The
real property described below is dedicated as an easement for public
purposes: (here insert a description of the easement that is adequate
to convey the dedicated property)."
SEC. 74. Section 66445 of the Government Code is amended to read:
66445. The parcel map shall be prepared by, or under the
direction of, a registered civil engineer or licensed land surveyor,
shall show the location of streets and property lines bounding the
property, and shall conform to all of the following provisions:
(a) It shall be legibly drawn, printed, or reproduced by a process
guaranteeing a permanent record in black on tracing cloth or
polyester base film. Certificates or statements, affidavits, and
acknowledgments may be legibly stamped or printed upon the map with
opaque ink. If ink is used on polyester base film, the ink surface
shall be coated with a suitable substance to assure permanent
legibility.
(b) The size of each sheet shall be 18 by 26 inches or 460 by 660
millimeters. A marginal line shall be drawn completely around each
sheet, leaving an entirely blank margin of one inch or 025
millimeters. The scale of the map shall be large enough to show all
details clearly and enough sheets shall be used to accomplish this
end. The particular number of the sheet and the total number of
sheets comprising the map shall be stated on each of the sheets, and
its relation to each adjoining sheet shall be clearly shown.
(c) Each parcel shall be numbered or lettered and each block may
be numbered or lettered. Each street shall be named or otherwise
designated. The subdivision number shall be shown together with the
description of the real property being subdivided.
(d) (1) The exterior boundary of the land included within the
subdivision shall be indicated by distinctive symbols and clearly so
designated. The exterior boundary of the land
included within the subdivision shall not include a designated
remainder or omitted parcel that is designated or omitted under
Section 66424.6. The designated remainder parcel or omitted parcel
shall be labeled as a designated remainder parcel or an omitted
parcel.
(2) The map shall show the location of each parcel and its
relation to surrounding surveys. If the map includes a "designated
remainder" parcel or similar parcel, and the gross area of the
"designated remainder" parcel or similar parcel is five acres or
more, that remainder parcel need not be shown on the map and its
location need not be indicated as a matter of survey, but only by
deed reference to the existing boundaries of the remainder parcel.
(3) A parcel designated as "not a part" shall be deemed to be a
"designated remainder" for purposes of this section.
(e) Subject to the provisions of Section 66436, a statement,
signed and acknowledged by all parties having any record title
interest in the real property subdivided, consenting to the
preparation and recordation of the parcel map is required, except
that less inclusive requirements may be provided by local ordinance.
With respect to a division of land into four or fewer parcels,
where dedications or offers of dedications are not required, the
statement shall be signed and acknowledged by the subdivider only. If
the subdivider does not have a record title ownership interest in
the property to be divided, the local agency may require that the
subdivider provide the local agency with satisfactory evidence that
the persons with record title ownership have consented to the
proposed division. For purposes of this paragraph, "record title
ownership" means fee title of record unless a leasehold interest is
to be divided, in which case "record title ownership" means ownership
of record of the leasehold interest. Record title ownership does not
include ownership of mineral rights or other subsurface interests
that have been severed from ownership of the surface.
(f) Notwithstanding any other provision of this article, local
agencies may require that those statements and acknowledgments
required pursuant to subdivision (e) be made by separate instrument
to be recorded concurrently with the parcel map being filed for
record.
(g) On and after January 1, 1987, no additional survey and map
requirements shall be included on a parcel map that do not affect
record title interests. However, the map shall contain a notation of
reference to survey and map information required by a local ordinance
adopted pursuant to Section 66434.2.
(h) Whenever a certificate or acknowledgment is made by separate
instrument, there shall appear on the parcel map a reference to the
separately recorded document. This reference shall be completed by
the county recorder pursuant to Section 66468.1.
(i) If a field survey was performed, the parcel map shall contain
a statement by the engineer or surveyor responsible for the
preparation of the map that states that all monuments are of the
character and occupy the positions indicated, or that they will be
set in those positions on or before a specified date, and that the
monuments are, or will be, sufficient to enable the survey to be
retraced.
(j) Any public streets or public easements to be left in effect
after the subdivision shall be adequately delineated on the map. The
filing of the parcel map shall constitute abandonment of all public
streets and public easements not shown on the map, provided that a
written notation of each abandonment is listed by reference to the
recording data or other official record creating these public streets
or public easements and certified to on the map by the clerk of the
legislative body or the designee of the legislative body approving
the map. Before a public easement vested in another public entity may
be abandoned pursuant to this section, that public entity shall
receive notice of the proposed abandonment. No public easement vested
in another public entity shall be abandoned pursuant to this section
if that public entity objects to the proposed abandonment.
SEC. 75. Section 66447 of the Government Code is amended to read:
66447. (a) If dedications or offers of
dedication are required, they may be made either by a statement on
the parcel map or by separate instrument, as provided by local
ordinance. If dedications or offers of dedication are made by
separate instrument, the dedications or offers of dedication shall be
recorded concurrently with, or prior to, the parcel map being filed
for record.
The
(b) The dedication or offers of
dedication, whether by statement or separate instrument, shall be
signed by the same parties and in the same manner as set forth in
Section 66439 for dedications by a final map.
(c) (1) If a subdivider is required under this division or
any other provision of law to make a dedication for specified public
purposes on a parcel map, the local agency shall specify whether the
dedication is to be in fee for public purposes or an easement for
public purposes.
(2) If the dedication is required to be in fee for public
purposes, the subdivider shall include the following language in the
dedication clause on the parcel map or any separate instrument: "The
real property described below is dedicated in fee for public
purposes: (here insert a description of the dedicated property that
is adequate to convey the property)."
(3) If the dedication is required to be an easement for
public purposes, the subdivider shall include the following language
in the dedication clause on the parcel map or any separate
instrument: "The real property described below is dedicated as an
easement for public purposes: (here insert a description of the
easement that is adequate to convey the dedicated property)."
SEC. 76. Section 101350 of the Health and Safety Code is amended
to read:
101350. Any board of supervisors may levy a special sanitary tax
, not to exceed one-half mill on the one dollar of assessed
valuation, on all the property in the county, outside of
any city.
The tax shall be in addition to all other taxes, and the
fund created shall be used city pursuant to Article
3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of
Division 1 of Title 5 of the Government Code, and spend the proceeds
to prevent the introduction of, and to eradicate, dangerous,
infectious, or communicable diseases, and for general sanitation
purposes.
SEC. 77. Section 1121 of the Military and Veterans Code is amended
to read:
1121. For the purposes of this chapter the board of supervisors
of any county may:
(a) Purchase, receive by donation, condemn, lease, or otherwise
acquire real and personal property necessary for such home, and
improve, preserve, manage, and control the same.
(b) Purchase, construct, lease, furnish, and repair buildings for
such home and provide the necessary custodians, employees,
attendants, and supplies for its proper maintenance.
(c) Levy in any year a special tax not
to exceed one and one-half mills on the one dollar of assessed
valuation on all the taxable property in the county, in addition to
all other taxes, the fund so created to be expended
pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1
of Part 1 of Division 1 of Title 5 of the Government Code, and spend
the proceeds for the purposes of this chapter.
(d)
Establish a fund for the purposes of this chapter, and transfer from
the general fund to such fund such moneys as the board deems
necessary.
(e) Incur, in the manner provided by law, a bonded indebtedness on
behalf of the county for any of the purposes of this chapter.
(f) Join with any incorporated city in the county in the
accomplishment of the purposes of this chapter and to that end hold
jointly with such city all property acquired, and expend money in
conjunction with such city.
SEC. 78. Section 1262 of the Military and Veterans Code is amended
to read:
1262. Any county may provide, maintain or provide and maintain
buildings, memorial halls, meeting places, memorial parks, or
recreation centers for the use or benefit of one or more veterans'
associations. For these purposes the board of supervisors of any
county may:
(a) Purchase, receive by donation, condemn, lease, or acquire real
or personal property necessary for such buildings, memorial parks,
or recreation centers, and improve, preserve, manage, and control the
same.
(b) Purchase, construct, lease, furnish, or repair such buildings,
and provide custodians, employees, attendants, and supplies for the
proper maintenance thereof.
(c) Clear, grade, plant, irrigate, fence, and improve such
memorial parks, or recreation centers, and provide custodians,
employees, attendants, and supplies for the proper maintenance
thereof.
(d) Furnish sites for such buildings to be built by or for such
organizations, and furnish sites for the erection thereon of such
buildings, the funds for which are supplied by county authorities or
from other sources. Any part or portion of any public lot, block, or
park may be used for such purpose.
(e) In addition to all other taxes, levy in any year a special tax
not to exceed two and one-half mills ($0.0025) on each dollar of
assessed valuation on all the taxable property in the county, if all
the taxable property in the county has an aggregate value of less
than fifty million dollars ($50,000,000), or not to exceed one and
one-half mills ($0.0015) on each dollar of assessed valuation on all
the taxable property in the county if all the taxable property in the
county has an aggregate value equal to or more than fifty million
dollars ($50,000,000), and the fund so created to be expended for the
purposes hereof.
(e) Levy a special tax pursuant to Article 3.5 (commencing with
Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the
Government Code, and spend the proceeds for the purposes of this
chapter.
(f) Establish a fund for the purposes hereof, and transfer from
the General Fund to such fund such moneys as the board deems
necessary.
(g) Incur, in the manner provided by law, a bonded indebtedness on
behalf of the county for any of the purposes hereof.
(h) Join with any incorporated city in the county in the
accomplishment of the above purposes and to that end hold jointly
with such city all property acquired, and expended money in
conjunction with such city in accomplishing the above purposes. Title
to any property jointly so acquired by a county and a city may at
any time be conveyed by either of the joint owners to the other
without consideration other than to carry out the purposes of this
section.
(i) Join with memorial districts in the purchase, acquisition or
construction of memorial halls, assembly halls, buildings or meeting
places, or in the accomplishment of any other purpose for which a
memorial district has been organized, using the funds authorized to
be raised by this section. Title to any property so purchased,
acquired or constructed may be taken in the name of the memorial
district, or jointly with the county, or the county may convey any
property so acquired, purchased or constructed to the memorial
district without consideration to the county. The board of
supervisors may transfer to a memorial district funds raised pursuant
to this section to be expended by the district in furtherance of the
purposes of the district under terms and conditions consistent with
the purposes for which the funds were raised.
SEC. 79. Section 20142 of the Public Contract Code is amended to
read:
20142. (a) The board of supervisors may, by ordinance,
resolution, or board order, authorize the county engineer, or other
county officer, to order changes or additions in the work being
performed under construction contracts. When so authorized, any
change or addition in the work shall be ordered in writing by the
county engineer, or other designated officer, and the extra
cost to the county for any change or addition to the work so ordered
shall not exceed five thousand dollars ($5,000) when the total amount
of the original contract does not exceed fifty thousand dollars
($50,000), nor 10 percent of the amount of any original contract that
exceeds fifty thousand dollars ($50,000), but does not exceed two
hundred fifty thousand dollars ($250,000) officer
. The extra cost for any change or addition to the work so
ordered shall not exceed:
(b) For contracts whose original cost exceeds two hundred fifty
thousand dollars ($250,000), the extra cost for any change or
addition to the work so ordered shall not exceed twenty-five thousand
dollars ($25,000), plus 5 percent of the amount of the original
contract cost in excess of two hundred fifty thousand dollars
($250,000). In no event shall any such change or alteration exceed
one hundred fifty thousand dollars ($150,000).
(1) Five thousand dollars ($5,000) when the total amount of the
original contract does not exceed fifty thousand dollars ($50,000).
(2) Ten percent of the amount of any original contract that
exceeds fifty thousand dollars ($50,000), but does not exceed two
hundred fifty thousand dollars ($250,000).
(3) Twenty-five thousand dollars ($25,000), plus 5 percent of the
amount of the original contract cost in excess of two hundred fifty
thousand dollars ($250,000) for contracts whose original cost exceeds
two hundred fifty thousand dollars ($250,000).
(b) In no event shall any change or alteration exceed two hundred
ten thousand dollars ($210,000), except that the board of supervisors
may adjust this limit to reflect changes in the applicable regional
consumer price index published by the Bureau of Labor Statistics of
the United States Department of Labor.
SEC. 80. Section 20614 is added to the Public Contract Code, to
read:
20614. (a) The board of supervisors may, by ordinance,
resolution, or board order, authorize the general manager, or other
county officer, to order changes or additions in the work being
performed under construction contracts. When so authorized, any
change or addition in the work shall be ordered in writing by the
general manager, or other designated officer. The extra cost for any
change or addition to the work so ordered shall not exceed:
(1) Five thousand dollars ($5,000) when the total amount of the
original contract does not exceed fifty thousand dollars ($50,000).
(2) Ten percent of the amount of any original contract that
exceeds fifty thousand dollars ($50,000), but does not exceed two
hundred fifty thousand dollars ($250,000).
(3) Twenty-five thousand dollars ($25,000), plus 5 percent of the
amount of the original contract cost in excess of two hundred fifty
thousand dollars ($250,000) for contracts whose original cost exceeds
two hundred fifty thousand dollars ($250,000).
(b) In no event shall any change or alteration exceed two hundred
ten thousand dollars ($210,000), except that the board of supervisors
may adjust this limit to reflect changes in the applicable regional
consumer price index published by the Bureau of Labor Statistics of
the United States Department of Labor.
SEC. 81. Section 20998 is added to the Public Contract Code, to
read:
20998. (a) The board of supervisors may, by ordinance,
resolution, or board order, authorize the general manager, or other
county officer, to order changes or additions in the work being
performed under construction contracts. When so authorized, any
change or addition in the work shall be ordered in writing by the
general manager, or other designated officer. The extra cost for any
change or addition to the work so ordered shall not exceed:
(1) Five thousand dollars ($5,000) when the total amount of the
original contract does not exceed fifty thousand dollars ($50,000).
(2) Ten percent of the amount of any original contract that
exceeds fifty thousand dollars ($50,000), but does not exceed two
hundred fifty thousand dollars ($250,000).
(3) Twenty-five thousand dollars ($25,000), plus 5 percent of the
amount of the original contract cost in excess of two hundred fifty
thousand dollars ($250,000) for contracts whose original cost exceeds
two hundred fifty thousand dollars ($250,000).
(b) In no event shall any change or alteration exceed two hundred
ten thousand dollars ($210,000), except that the board of supervisors
may adjust this limit to reflect changes in the applicable regional
consumer price index published by the Bureau of Labor Statistics of
the United States Department of Labor.
SEC. 82. Section 13041 of the Public Resources Code is amended to
read:
13041. (a) Any compensation provided pursuant to this
section shall comply with Articles 2.3 (commencing with Section
53232) and 2.4 (commencing with Section 53234) of Chapter 2 of Part 1
of Division 2 of Title 5 of the Government Code.
The
(b) The district board may
authorize each director to receive compensation not exceeding
twenty-five dollars ($25) and reimbursement for travel
expenses actually incurred by him not exceeding fifteen cents ($0.15)
per mile for each meeting of the board attended by
him the director within the State of
California, not exceeding two meetings in any calendar month ,
plus reimbursement for actual and necessary expenses incurred in the
performance of these duties .
The
(c) The district board may
authorize a director to receive for performing duties for the
district other than attending board meetings:
(a)
(1) Not to exceed twenty-five dollars ($25) for each
day, but payment is limited to five days in any calendar month as to
each director other than the president.
(b) Traveling and other expenses actually incurred by him in
performing such duties.
(2) Actual and necessary expenses incurred in the performance of
these duties.
The
(d) The secretary shall receive
compensation set by the board, which compensation shall be in lieu of
any other compensation to which he the
secretary may be entitled for attendance at meetings pursuant
to this section.
SEC. 83. Section 1550 of the Streets and Highways Code is amended
to read:
1550. Each year, at the meeting at which the board of supervisors
levies the property tax for general county purposes, the board may
estimate the amount of property tax for highway purposes in each road
district, and may fix the amount of, and levy, the property tax in
each such road district for highway purposes. The property tax for
highway purposes shall not, in any one year, exceed the sum of forty
cents upon each one hundred dollars of assessable property in the
district.
Nothing
1550. (a) A board of supervisors may form special
road maintenance districts and levy special taxes for road and
highway purposes to this chapter.
(b) Nothing contained in this
section shall authorize any property tax for highway purposes to be
levied or collected by a county within any city wherein work and
improvements upon the streets are done by virtue of any law relating
to street work and improvements within such a city.
SEC. 84. Section 1550.1 of the Streets and Highways Code is
amended to read:
1550.1. The board of supervisors may form special road
maintenance districts in subdivided
unincorporated areas of the county wholly outside of
incorporated cities. Formation of said these
districts may be ordered by the board of supervisors
when in their its opinion
additional road funds are necessary to properly maintain
highways and roads in specific unincorporated areas
of the county. Such These districts
shall be formed by order of the board setting forth the boundaries
thereof. Such A district shall be in
existence until the board shall by its order discontinue
such the district. If such a
district is to be formed, the board of supervisors
shall set a date for a hearing on said the
formation. Such This hearing
shall not be held in less than three weeks after the date of the
order for the hearing, and prior to the date of the hearing, a notice
of said the hearing shall be published
twice in a newspaper of general circulation in the area, and, in
addition, at least three notices shall be posted in public places
within the proposed district. At the hearing, protests may
protests, if any, shall be heard on the proposed
formation of such the district. It
shall be within the power of the board of supervisors
to determine from the results of the hearing the necessity
for said the special road maintenance
district, and, if it be deemed necessary, the district may be formed
as hereinbefore provided .
SEC. 85. Section 1550.2 of the Streets and Highways Code is
repealed.
1550.2. Each year at the meeting at which the board of
supervisors levies the property tax for general county purposes, the
board may estimate the amount of property tax for road maintenance
necessary in special road maintenance districts as provided by
Section 1550.1, and a property tax shall be levied in said special
road maintenance district for the purposes of said district. Said tax
shall be in addition to all taxes for roads otherwise provided, but
in no case shall the sum of this special maintenance tax and all
other property taxes for roads exceed the sum of forty cents ($0.40)
upon each hundred dollars ($100) of assessable property in the
district as provided by Section 1550.
SEC. 86. Section 1550.2 is added to the Streets and Highways Code,
to read:
1550.2. The board of supervisors may levy a special tax pursuant
to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1
of Division 1 of Title 5 of the Government Code, and spend the
proceeds for the purposes of this chapter.
SEC. 87. Section 1551 of the Streets and Highways Code is
repealed.
1551. When levied, the property tax for highway purposes shall be
annually assessed and collected by the same officers and in the same
manner as other county taxes are assessed and collected. All
collections shall be paid into the county treasury.
SEC. 88. Section 1552 of the Streets and Highways Code is amended
to read:
1552. Except as otherwise provided in this code, all
property tax revenues from special taxes levied
for highway and road purposes collected in each road
district shall be expended for highway purposes within the district
in which collected.
The board of supervisors shall cause such tax collected each year
to be apportioned to the several road districts entitled thereto, and
to be kept by the county treasurer in separate funds.
SEC. 89. Section 1553 of the Streets and Highways Code is
repealed.
1553. The boards of supervisors, in their respective counties,
may levy a special road fund tax, not to exceed two mills on each
dollar of assessed valuation, on all the property in such counties
outside of any city. This tax is in addition to all taxes otherwise
provided for, and the fund so created shall be expended for the
construction and maintenance of the county highways in the several
road districts, in proportion to the amount collected from such
districts.
SEC. 90. Section 1554 of the Streets and Highways Code is
repealed.
1554. In addition to all taxes otherwise provided for, the board
of supervisors may levy, and upon the petition of a majority of the
property owners of any road district the board shall levy, an
additional special road fund tax not to exceed two mills on each
dollar of assessed valuation on all the property in such road
district, to be expended in the maintenance of the county highways in
such district.
SEC. 91. Section 5100 of the Streets and Highways Code is amended
to read:
5100. All streets, places, public ways, or property, or
rights-of-way, or tidelands, or submerged lands owned by any city,
open or dedicated to public use, and any property for which an order
for possession prior to judgment has been obtained, and all tidelands
or submerged lands to which all the right, title and interest of the
state have been granted to any city, all tidelands or submerged
lands for which a permit, license, or easement has been issued by
the United States Army Corps of Engineers for work to be done
pursuant to subdivision (m) of Section 5101, and all tidelands
or submerged lands which have been leased by the state to any city
for the construction of improvements authorized by subdivision (g) of
Section 5101, are open public streets, places, public ways, or
property or rights-of-way owned by the city, for the purposes of this
division, and the legislative body of the city may establish and
change the grades of the respective ways, properties, and
rights-of-way hereinbefore enumerated and fix the width thereof and
is hereby invested with jurisdiction to order to be done therein,
over or thereon, either singly or in any combination thereof, any of
the work mentioned in this division under the proceedings described
in this part.
SEC. 92. Section 40355 of the Water Code is amended to read:
40355. (a) A director, when sitting on the board or acting under
its orders, shall receive not exceeding:
(1) One hundred dollars ($100) per day, not exceeding six days in
any calendar month.
(2) Ten cents ($0.10) per mile for each mile traveled from his
place of residence to the office of the board.
(3)
(2) Actual and necessary expenses while engaged in
official business under the order of the board.
(b) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(c) Reimbursement for these expenses is subject to Sections
53232.2 and 53232.3 of the Government Code.