BILL NUMBER: SB 113 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Committee on Local Government (Senators Wiggins
(Chair), Aanestad, Cox, Kehoe, and Wolk)
JANUARY 29, 2009
An act to amend Section 15303 of the Education Code,
to amend Sections 7902.7, 23232, 25210.2, 25332, 25502.3,
25502.5, 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, 53601.8, 53646, 53961, 61002,
61061, 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
amend Sections 9002, 9074, 9078, 40100.5, 101350, and
103505 of, to add Section 103501 to, and to repeal Section 103500 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
Sections 376 and 40355 of the Water Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 113, as amended, 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.
(1) Existing law authorizes the formation of a school facilities
improvement district in a county, if the board of supervisors adopts
a resolution authorizing the establishment of the district.
This bill would specify that the resolution of the board of
supervisors may authorize a school facilities improvement district to
be operative in the county generally, or to one or more school
districts or community college districts within the county.
(2) Existing law authorizes the boards of supervisors of certain
counties to enter into contracts with private enterprise to provide
services that require special experience, education, and training
that the county possesses, as specified.
This bill would extend that authorization to the Board of
Supervisors of Sonoma County.
(3) Existing law authorizes the board of supervisors of counties
to authorize the purchasing agent to engage independent contractors
to perform services for the county or county officers, when the
aggregate cost does not exceed $50,000 for counties with a population
of less than 200,000 and $100,000 for counties with a population of
200,000 or more, as specified.
This bill would authorize the purchasing agent to engage
independent contractors to perform services for the county or county
officer, when the annual aggregate cost does not exceed $50,000 for
counties with a population of less than 200,000 and $100,000 for
counties with a population of 200,000 or more.
(2)
(3) 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)
(4) 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)
(5) 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)
(6) 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)
(7) 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.
(8) Existing law authorizes a local agency to invest a portion of
its surplus funds in certificates of deposit at a commercial bank,
savings bank, savings and loan association, or credit union that uses
a private sector entity that assists in the placement of
certificates of deposit, as specified.
This bill would correct an incorrect cross reference in these
provisions.
(9) Existing law requires each city, county, or city and county
investor of public funds to provide a statement of investment policy
to the California Debt and Investment Advisory Commission, as
specified.
This bill would repeal this requirement.
(10) Existing law authorizes the board of directors of a community
services district, by resolution, to change the name of the
community services district, as specified, and requires the board to
file a copy of its resolution with the Secretary of State, the county
clerk, the board of supervisors, and the local agency formation
commission.
This bill would also require the board of directors to file the
resolution with the State Board of Equalization and the county
auditor.
(7)
(11) 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)
(12) 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.
The bill would also exempt the leasing of, or the granting of an
easement to, a parcel of land or any portion or portions of the land
in conjunction with a biogas project, as specified.
(9)
(13) 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)
(14) 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)
(15) 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)
(16) 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)
(17) 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.
(18) Existing law defines various terms, for purposes of the
Public Cemetary Law.
This bill would define "interment right," for purposes of that
act, to mean the right to use or control the use of a plot, niche, or
other space for the interment of human remains.
(19) Existing law authorizes the governing board of a public
cemetery district to establish a revolving fund, in an amount not to
exceed 110% of 1/12 of the district's adopted budget for the fiscal
year.
This bill would instead authorize a public cemetary district to
establish a revolving fund, not to exceed either $1,000, if the
purpose of the revolving fund is to make change and pay small bills
directly, or 110% of 1/12 of the district's budget for the current
fiscal year if the purpose of the revolving fund is to pay any
authorized expenditures of the district.
(20) The Public Cemetary Law authorizes a public cemetary district
to accept any grants, goods, money, property, revenue, or services
from any federal, state, regional, or local agency or from any person
for any lawful purpose of the district. Existing law also authorizes
a public cemetary district to borrow money and incur indebtedness,
as specified.
This bill would require the district to pay all money received or
collected into a separate fund in the county treasury on or before
the 10th day of the month following the month in which the district
received or collected the money.
(21) Existing law requires the governing board of each air
pollution control district to include one or more members who are
mayors, city council members, or both, to be selected by the city
selection committee or by the city in districts where the county and
cities have agreed that each city shall be represented on the
governing board, and one or more members who are county supervisors,
to be selected by the county, as specified.
This bill would authorize the city selection committee or the city
to also select a mayor or another city council member as an
alternate to serve and vote in place of a member who is absent or
disqualified from participating, as specified.
(22) Existing law authorizes a county recorder, in the last county
of permanent residence of one or both parents of a child, to record
a certificate of birth or of birth data issued by an agency of the
government of the United States to authenticate a birth of a child to
a United States citizen outside of the United States, as specified,
and to record a certificate of death or death data issued by an
agency of the government of the United States to authenticate the
death of a United States citizen outside the United States, as
specified.
This bill would repeal that provision and instead require a county
recorder to issue a certified copy of a foreign birth or death
recorded in the office of the county recorder only as an official
record of the county recorder, and not as a certified copy of a vital
record, as specified. This bill would prohibit a certificate of
birth or death outside of the Unites States from being recorded by
the recorder, except as specified.
(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)
(23) 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)
(24) 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)
(25) 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.
(26) Existing law authorizes any public entity that supplies water
at retail or wholesale for the benefit of persons within the service
area or area of jurisdiction of the public entity, to adopt and
enforce a water conservation program to reduce the quantity of water
used by those persons for the purpose of conserving the water
supplies of the public entity, as specified. Existing law requires
any adopted ordinance or resolution to be published or posted, as
specified.
This bill would authorize the public entity to publish a summary
of the proposed and adopted ordinance, resolution, or amendment to an
existing ordinance or resolution, with a certified copy of the full
text of the ordinance, resolution, or amendment to an existing
ordinance or resolution available at the office of the governing
body, or to display an advertisement of the meeting at which the
governing board will consider the proposed or adopted ordinance,
resolution, or amendment to an existing ordinance or resolution, in a
newspaper of general circulation in the county, as specified.
(18)
(27) 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. 1.5. Section 15303 of the
Education Code is amended to read:
15303. (a) This chapter shall not be operative in a county or
counties until the board of supervisors of the county in which the
county superintendent of schools having jurisdiction over the school
district or community college district in which the
a proposed school facilities improvement
district is located, and the board of supervisors of any county in
which the a proposed school facilities
improvement district is located, by resolution adopted by a majority
vote of each affected board of supervisors, makes this chapter
applicable in the county or counties. The resolution may make
this chapter operative in the county generally, or to one or more
school districts or community college districts.
(b) A board of supervisors adopting a resolution pursuant to
subdivision (a) shall file that resolution with the California Debt
and Investment Advisory Commission established pursuant to Section
8855 of the Government Code.
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, 1990, shall be determined pursuant to Section
56812.
(b) The appropriations limit of a special district formed on or
after January 1, 1988, shall be determined pursuant to Section 56811
and approved by the voters at the formation election.
(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 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 (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. 5. Section 25332 of the Government
Code is amended to read:
25332. (a) The Boards of Supervisors of Butte, Kings, Los
Angeles, Merced, Orange, Riverside, San Bernardino, Santa Clara,
Sonoma, and Ventura Counties may enter into contracts with
private enterprise to provide services that require special
experience, education, and training that the county possesses. In
addition, the Boards of Supervisors of Butte, Kings, Los Angeles,
Merced, Orange, Riverside, San Bernardino, Santa Clara, Sonoma,
and Ventura Counties may charge a fee for these optional
services and enhanced services provided to the public that require
special experience, education, training, or facilities that the
county possesses.
These
(b) These services shall be
limited to the performance of maintenance and construction
services, production and dissemination of training materials,
leasing of training facilities, or provision of training or
consulting services resulting from the special or unique experiences
derived from the magnitude, diversity, or distinctive nature of the
county's services such as law enforcement, fire protection, public
health care, welfare and public social programs, and public works
projects, and the acquisition and management of real and personal
property.
(b)
(c) Prior to entering into a contract pursuant to this
section, the board of supervisors shall find, based on evidence in
record, that the provision of the special service described in the
proposed contract will not adversely impact the provision of similar
services by private sector companies or individuals within the
county.
(c) This section shall be operative on January 1, 1997.
SEC. 5.3. Section 25502.3 of the
Government Code is amended to read:
25502.3. In counties having a population of less than 200,000,
the board of supervisors may authorize the purchasing agent to engage
independent contractors to perform services for the county or county
officers, with or without the furnishing of material, when the
annual aggregate cost does not exceed fifty thousand dollars
($50,000), except that this amount shall be adjusted annually by any
annual increase in the California Consumer Price Index as determined
pursuant to Section 2212 of the Revenue and Taxation Code.
SEC. 5.5. Section 25502.5 of the
Government Code is amended to read:
25502.5. (a) In counties having a population of 200,000 or more,
the board of supervisors may authorize the purchasing agent to engage
independent contractors to perform services for the county or county
officers, with or without the furnishing of material, when the
annual aggregate cost does not exceed one hundred thousand
dollars ($100,000).
(b) The board of supervisors may establish rules and regulations
to effectuate the purposes of this section.
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 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.
(c) "Auditor" means the county auditor or that officer whose
responsibilities include those designated in Chapter 4 (commencing
with Section 26900) of Division 2.
(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.
(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
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.
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.
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.
(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 display it in more detail,
providing provided 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. 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, at a minimum,
estimated or actual amounts of the following items by fund:
(a) Fund balances.
(1) Reserved.
(2) Unreserved.
(A) Designated.
(B) Undesignated.
(b) Additional financing sources shall be classified 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 financing sources shall be
shown as follows:
(1) On an actual basis for the 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 fiscal year prior to the budget year.
(3) On an estimated basis for the budget year, as submitted by
those officials or persons responsible, or as recommended by the
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, classified by the fund or
funds from which financed, by the objects of expenditure, other
financing uses, intrafund transfers, and 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 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 fiscal year prior to the budget year.
(3) On an estimated basis for the budget year, as submitted by
those officials or persons responsible, or as recommended by the
administrative officer or other officer designated by the
board auditor, as appropriate .
(4) On an estimated basis for the budget year, as approved, or as
adopted, by the board.
(d) Appropriations for contingencies.
(e) 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) 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 capital assets, the
budget amounts for:
(a) Land shall be reported in total amounts, except when included
as a component of a project.
(b) Structures and improvements shall be reported separately for
each project, except that minor improvement projects may be reported
in totals.
(c) Equipment shall be 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 recommended, adopted, and final budgets the funding
sources shall equal the 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. Budget Request
SEC. 18. Section 29040 of the Government Code is amended to read:
29040. On or before June 10 of each year, each official in charge
of any budget unit shall provide the administrative officer or the
auditor, as the board directs, an itemized request detailing the
estimate of financing sources, financing uses, and any other matter
required by the board.
SEC. 19. Section 29042 of the Government Code is amended to read:
29042. The requests shall be submitted as prescribed by the
administrative officer or the auditor, as designated by the board.
SEC. 20. Section 29043 of the Government Code is amended to read:
29043. The auditor shall provide the estimates for bonded debt
service requirements. 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
the auditor's office as required by law.
SEC. 21. Section 29044 of the Government Code is amended to read:
29044. The auditor shall provide to the administrative officer or
such other official as the board directs, any financial statements
or data 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 budget requests, they shall be submitted
by the acting official in charge of the budget unit or shall be
prepared by the administrative officer or the auditor 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. Recommended Budget
SEC. 24. Section 29060 of the Government Code is amended to read:
29060. The administrative officer or auditor as designated by the
board, shall compile the budget requests.
SEC. 25. Section 29061 of the Government Code is amended to read:
29061. The board shall designate either the administrative
officer or auditor to review the budget requests and prepare a
recommended budget. Any differences 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 recommended budget shall be submitted to the board by
the administrative officer or auditor, as designated by the board, on
or before June 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 recommended budget, the board shall
consider it and, on or before June 30 of each year, at such time as
it directs, shall make any revisions, reductions, or additions. Any
official or person whose budget requests have been revised shall be
given the opportunity to be heard thereon before the board during or
prior to the hearings required by Section 29080.
SEC. 28. Section 29064 of the Government Code is amended to read:
29064. On or before June 30 of each year the board, by formal
action, shall approve the recommended budget, including the revisions
it deems necessary for the purpose of having authority to spend
until the budget is adopted.
SEC. 29. Section 29065 of the Government Code is amended to read:
29065. On or before September 8 of each year, as the board
directs, the recommended budget shall be made available to the
public.
SEC. 30. Section 29065.5 of the Government Code is repealed.
SEC. 31. Section 29066 of the Government Code is repealed.
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. Adopted Budget
SEC. 33. Section 29080 of the Government Code is repealed.
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 14 calendar days.
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 of the hearing, the board of supervisors may call
in the official or person in charge of any budget unit concerning any
matter relating to his or her budget unit. The board of supervisors
may also call in the official or person in charge of a budget unit if
any member of the public files with the clerk of the board a written
request to question any 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 the auditor,
shall attend the public hearing on the recommended budget, and shall
furnish the board with any financial statements and data it requires.
(b) It shall be the responsibility of the administrative officer
or auditor to revise the recommended budget to reflect the actions of
the board pertaining thereto in developing the 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 in such amounts as the board deems sufficient.
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. After the conclusion of the hearing, and not later than
October 2 of each year, and after making any revisions of, deductions
from, or increases or additions to, the 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.
SEC. 42. Section 29088.1 of the Government Code is repealed.
SEC. 43. Section 29089 of the Government Code is amended to read:
29089. The resolution of adoption of the budget of the county,
each special dependent dependent special
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) 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.
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 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.
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 and may authorize any additional
controls for the administration of the budget as it deems 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 adopted budget 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
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, 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).
SEC. 48. Section 29100 of the Government Code is amended to read:
29100. (a) On or before the first business day of
September October 3 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 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
the Community Redevelopment Law, (Part 1
(commencing with Section 33000) of Division 24 of the Health and
Safety Code 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.
(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.
(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 December 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.
(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 December
1 of each year, the auditor shall forward to the Controller,
in the format prescribed by the Controller, a statement of the rates
of taxation, the assessed valuation as shown on the current equalized
assessment roll, and 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, 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 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 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.
SEC. 53. Section 29122 of the Government Code is amended to read:
29122. The board shall not approve a claim and the auditor shall
not issue payment for any obligation in excess of that authorized in
the budget unit appropriation, except upon an order of a court, for
an emergency, or as otherwise provided by law.
SEC. 54. Section 29124 of the Government Code is amended to read:
29124. (a) If at the beginning of any fiscal year, the 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 amounts
in the recommended budget, except capital assets, transfer-out, and
new permanent employee positions, are deemed appropriated until the
adoption of the budget.
(2) Capital assets, transfers-out, and new permanent employee
positions are deemed appropriated until the adoption of the 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 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 assets and transfers-out
unless specifically approved by the board.
(b) Notwithstanding any other provision of this section, prior to
the adoption of 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 appropriations
may be made by an action formally adopted by the board at a regular
or special meeting 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 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. An offsetting reduction shall be made to the
corresponding estimated revenue.
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 financing sources, or actual
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 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
an emergency by a four-fifths vote of the board at any regular or
special meeting, 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 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.
SEC. 61. Section 29130 of the Government Code is amended to read:
29130. At any regularly scheduled or properly noticed
regular or special meeting, the board by a
four-fifths vote may make available for appropriation any of the
following:
(a) Designations and reserves excluding the general reserve,
balance sheet reserves, and reserve for encumbrances.
(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 financing sources.
SEC. 62. Section 29140 of the Government Code is repealed.
SEC. 63. Section 29141 of the Government Code is amended to read:
29141. The adopted budget shall include a schedule showing the
managerial budget of each service activity financed by a proprietary
fund established pursuant to Sections 25260 and 25261. The schedule
shall set forth expected operations of the activity in such detail
for revenues, expenses, and reserves as will adequately display the
nature and the approximate size of its operations. Comparative data
as prescribed in Section 29021 29006
shall be provided.
SEC. 64. Section 29142 of the Government Code is amended to read:
29142. Notwithstanding 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 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 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 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:
(A) In cities up to and including 35,000 in population, up to and
including three hundred dollars ($300) per month.
(B) In cities over 35,000 up to and including 50,000 in
population, up to and including four hundred dollars ($400) per
month.
(C) In cities over 50,000 up to and including 75,000 in
population, up to and including five hundred dollars ($500) per
month.
(D) In cities over 75,000 up to and including 150,000 in
population, up to and including six hundred dollars ($600) per month.
(E) In cities over 150,000 up to and including 250,000 in
population, up to and including eight hundred dollars ($800) per
month.
(F) In cities over 250,000 population, up to and including one
thousand dollars ($1,000) per month.
(3) For the purposes of this 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) Notwithstanding subdivision (a), at any municipal election,
the question of whether city council members shall receive a salary
for services, and the amount of 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 salary specified in
the election call. 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) Unless specifically authorized by another statute, a city
council may not enact an ordinance providing for a salary
compensation to city council members in excess
of that authorized by the procedures described in subdivisions (a)
and (b). For the purposes of this section, a salary
compensation 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
salary compensation does not specify
the amount of salary compensation , the
maximum amount shall be one hundred fifty dollars ($150) per month
for each commission, committee, board, authority, or similar body.
(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.
(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. 68.3. Section 53601.8 of the
Government Code is amended to read:
53601.8. Notwithstanding Section 53601 or any other provision of
this code, a local agency, at its discretion, may invest a portion of
its surplus funds in certificates of deposit at a commercial bank,
savings bank, savings and loan association, or credit union that uses
a private sector entity that assists in the placement of
certificates of deposit, provided that the purchases of certificates
of deposit pursuant to this section, Section 53635.8, and subdivision
(h) (i) of Section 53601 do not, in
total, exceed 30 percent of the agency's funds that may be invested
for this purpose. The following conditions shall apply:
(a) The local agency shall choose a nationally or state chartered
commercial bank, savings bank, savings and loan association, or
credit union in this state to invest the funds, which shall be known
as the "selected" depository institution.
(b) The selected depository institution may submit the funds to a
private sector entity that assists in the placement of certificates
of deposit with one or more commercial banks, savings banks, savings
and loan associations, or credit unions that are located in the
United States, for the local agency's account.
(c) The full amount of the principal and the interest that may be
accrued during the maximum term of each certificate of deposit shall
at all times be insured by the Federal Deposit Insurance Corporation
or the National Credit Union Administration.
(d) The selected depository institution shall serve as a custodian
for each certificate of deposit that is issued with the placement
service for the local agency's account.
(e) At the same time the local agency's funds are deposited and
the certificates of deposit are issued, the selected depository
institution shall receive an amount of deposits from other commercial
banks, savings banks, savings and loan associations, or credit
unions that, in total, are equal to, or greater than, the full amount
of the principal that the local agency initially deposited through
the selected depository institution for investment.
(f) A local agency may not invest surplus funds with a selected
depository institution for placement as certificates of deposit
pursuant to this section on or after January 1, 2012. A local agency'
s surplus funds, invested pursuant to this section before January 1,
2012, may remain invested in certificates of deposit issued through a
private sector entity for the full term of each certificate of
deposit.
(g) Notwithstanding subdivisions (a) to (f), inclusive, no credit
union may act as a selected depository institution under this
section or Section 53635.8 unless both of the following conditions
are satisfied:
(1) The credit union offers federal depository insurance through
the National Credit Union Administration.
(2) The credit union is in possession of written guidance or other
written communication from the National Credit Union Administration
authorizing participation of federally-insured credit unions in one
or more certificate of deposit placement services and affirming that
the moneys held by those credit unions while participating in a
deposit placement service will at all times be insured by the federal
government.
(h) It is the intent of the Legislature that nothing in this
section shall restrict competition among private sector entities that
provide placement services pursuant to this section.
SEC. 68.5. Section 53646 of the
Government Code is amended to read:
53646. (a) (1) In the case of county government, the treasurer
may annually render to the board of supervisors and any oversight
committee a statement of investment policy, which the board shall
review and approve at a public meeting. Any change in the policy
shall also be reviewed and approved by the board at a public meeting.
(2) In the case of any other local agency, the treasurer or chief
fiscal officer of the local agency may annually render to the
legislative body of that local agency and any oversight committee of
that local agency a statement of investment policy, which the
legislative body of the local agency shall consider at a public
meeting. Any change in the policy shall also be considered by the
legislative body of the local agency at a public meeting.
(b) (1) The treasurer or chief fiscal officer may render a
quarterly report to the chief executive officer, the internal
auditor, and the legislative body of the local agency. The quarterly
report shall be so submitted within 30 days following the end of the
quarter covered by the report. Except as provided in subdivisions (e)
and (f), this report shall include the type of investment, issuer,
date of maturity, par and dollar amount invested on all securities,
investments and moneys held by the local agency, and shall
additionally include a description of any of the local agency's
funds, investments, or programs, that are under the management of
contracted parties, including lending programs. With respect to all
securities held by the local agency, and under management of any
outside party that is not also a local agency or the State of
California Local Agency Investment Fund, the report shall also
include a current market value as of the date of the report, and
shall include the source of this same valuation.
(2) The quarterly report shall state compliance of the portfolio
to the statement of investment policy, or manner in which the
portfolio is not in compliance.
(3) The quarterly report shall include a statement denoting the
ability of the local agency to meet its pool's expenditure
requirements for the next six months, or provide an explanation as to
why sufficient money shall, or may, not be available.
(4) In the quarterly report, a subsidiary ledger of investments
may be used in accordance with accepted accounting practices.
(c) Pursuant to subdivision (b), the treasurer or chief fiscal
officer shall report whatever additional information or data may be
required by the legislative body of the local agency.
(d) The legislative body of a local agency may elect to require
the report specified in subdivision (b) to be made on a monthly basis
instead of quarterly.
(e) For local agency investments that have been placed in the
Local Agency Investment Fund, created by Section 16429.1, in National
Credit Union Share Insurance Fund-insured accounts in a credit
union, in accounts insured or guaranteed pursuant to Section 14858 of
the Financial Code, or in Federal Deposit Insurance
Corporation-insured accounts in a bank or savings and loan
association, in a county investment pool, or any combination of
these, the treasurer or chief fiscal officer may supply to the
governing body, chief executive officer, and the auditor of the local
agency the most recent statement or statements received by the local
agency from these institutions in lieu of the information required
by paragraph (1) of subdivision (b) regarding investments in these
institutions.
(f) The treasurer or chief fiscal officer shall not be required to
render a quarterly report, as required by subdivision (b), to a
legislative body or any oversight committee of a school district or
county office of education for securities, investments, or moneys
held by the school district or county office of education in
individual accounts that are less than twenty-five thousand dollars
($25,000).
(g) The city, county, or city and county investor of any public
funds, no later than 60 days after the close of the second quarter of
each calendar year and 60 days after the subsequent amendments
thereto, shall provide the statement of investment policy required
pursuant to this section, to the California Debt and Investment
Advisory Commission.
(h)
(g) In recognition of the state and local interests
served by the actions made optional in subdivisions (a) and (b), the
Legislature encourages the local agency officials to continue taking
the actions formerly mandated by this section. However, nothing in
this subdivision may be construed to impose any liability on a local
agency that does not continue to take the formerly mandated action.
SEC. 68.7. Section 53961 of the
Government Code is amended to read:
53961. The governing board of a public cemetery district
organized pursuant to the Public Cemetery District Law, Part 4
(commencing with Section 9000) of Division 8 of the Health and Safety
Code or the governing board of a mosquito abatement
district or a vector control district organized pursuant to the
Mosquito Abatement and Vector Control District Law, Chapter 1
(commencing with Section 2000) of Division 8 of the Health and Safety
Code, may by resolution provide for the establishment of a revolving
fund in an amount not to exceed 110 percent of one-twelfth of the
district's adopted budget for that fiscal year. This fund, which
shall replace the fund authorized in Section 53952, may be used to
pay any authorized expenditures of the district. The resolution that
established the district revolving fund shall conform with the
designations required in Section 53952.
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 (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. 70.5. Section 61061 of the
Government Code is amended to read:
61061. (a) A district shall have perpetual succession.
(b) A board of directors may, by resolution, change the name of
the district. The resolution shall comply with the requirements of
Chapter 23 (commencing with Section 7530) of Division 7 of Title 1.
Notwithstanding Section 7530, any district formed on and after
January 1, 2006, and any district that changes its name on or after
January 1, 2006, shall have the words "community services district"
within its name. Within 10 days of its adoption, the board of
directors shall file a copy of its resolution with the Secretary of
State, the State Board of Equalization, the county clerk,
the county auditor, the board of supervisors, and the
local agency formation commission of each county in which the
district is located.
(c) A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1.
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.
(m) The leasing of, or the granting of an easement to, a parcel of
land or any portion or portions of the land, in conjunction with a
biogas project that uses, as part of its operation, agricultural
waste or byproducts from the land where the project is located and
reduces overall emissions of greenhouse gases from agricultural
operations 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 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 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.
(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.
(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.
(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. 75.3. Section 9002 of the Health
and Safety Code is amended to read:
9002. The definitions in Chapter 1 (commencing with Section 7000)
of Part 1 of Division 7 apply to this part. Further, as used in this
part, the following terms have the following meanings:
(a) "Active militia" means the active militia as defined by
Section 120 of the Military and Veterans Code.
(b) "Armed services" means the armed services as defined by
Section 18540 of the Government Code.
(c) "Board of trustees" means the legislative body of a district.
(d) "District" means a public cemetery district created pursuant
to this part or any of its statutory predecessors.
(e) "Family member" means any spouse, by marriage or otherwise,
child or stepchild, by natural birth or adoption, parent, brother,
sister, half-brother, half-sister, parent-in-law, brother-in-law,
sister-in-law, nephew, niece, aunt, uncle, first cousin, or any
person denoted by the prefix "grand" or "great," or the spouse of any
of these persons.
(f) "Firefighter" means a firefighter as defined by Section
1797.182.
(g) "Interment right" means the right to use or control the sue of
a plot, niche, or other space, authorized by this part, for the
interment of human remains.
(g)
(h) "Nonresident" means a person who does not reside
within a district or does not pay property taxes on property located
in a district.
(h)
(i) "Peace officer" means a peace officer as defined by
Section 830 of the Penal Code.
(i)
(j) "Principal county" means the county having all or
the greater portion of the entire assessed value, as shown on the
last equalized assessment roll of the county or counties, of all
taxable property within a district.
(j)
(k) "Voter" means a voter as defined by Section 359 of
the Elections Code.
SEC. 75.5. Section 9074 of the Health
and Safety Code is amended to read:
9074. (a) A district may accept any grants, goods, money,
property, revenue, or services from any federal, state, regional, or
local agency or from any person for any lawful purpose of the
district.
(b) Except as provided by Section 9077, all moneys received or
collected by a district shall be paid into a separate fund in the
county treasury on or before the 10th day of the month following the
month in which the district received or collected the money.
(b)
(c) In addition to any other existing authority, a
district may borrow money and incur indebtedness pursuant to Article
7 (commencing with Section 53820), Article 7.5 (commencing with
Section 53840), Article 7.6 (commencing with Section 53850), and
Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of
Division 2 of Title 5 of the Government Code.
SEC. 75.7. Section 9078 of the Health
and Safety Code is amended to read:
9078. A district may , by resolution, establish a
revolving fund to pay any authorized expenditures of the
district, pursuant to Article 15 (commencing with Section
53950) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code. The maximum amount of the revolving fund shall
not exceed either of the following:
(a) One thousand dollars ($1,000) if the purpose of the revolving
fund is to make change and pay small bills directly.
(b) One hundred ten percent of one-twelfth of the district's
adopted budget for the current fiscal year, if the purpose of the
revolving fund is to pay any authorized expenditures of the district.
SEC. 75.9.
Section 40100.5 of the Health and Safety Code
is amended to read:
40100.5. (a) The membership of the governing board of each county
district shall include (1) one or more members who are mayors, city
council members, or both, and (2) one or more members who are county
supervisors.
(b) The number of those members and their composition shall be
determined jointly by the county and the cities within the district,
and shall be approved by the county, and by a majority of the cities
which that contain a majority of the
population in the incorporated area of the district.
(c) The governing board shall reflect, to the extent feasible and
practicable, the geographic diversity of the district and the
variation of population between the cities in the district.
(d) (1) The members of the governing board
who are mayors or city council members shall be selected by the city
selection committee. When selecting a member of the governing
board, the city selection committee may also select a mayor or
another city council member as an alternate to serve and vote in
place of the member who is absent or disqualified from participating.
(2) In districts where the county and the
cities have agreed that each city shall be represented on the
governing board, each city shall select its own representative to the
governing board. When selecting a member of the governing
board, each city may also select its mayor or another city council
member as an alternate to serve and vote in place of the member who
is absent or is disqualified from participating.
(3) The members of the governing board who
are county supervisors shall be selected by the county.
(e) This section does not apply to any district in which the
population of the incorporated area of the county is 35 percent or
less of the total county population, as determined by the district on
June 30, 1994, or to a county district having a population of more
than 2,500,000 as of June 30, 1990.
(f) If a district fails to comply with subdivisions (a) and (b),
the membership of the governing board shall be determined as follows:
(1) In districts in which the population in the incorporated areas
represents between 36 and 50 percent of the total county population,
one-third of the members of the governing board shall be mayors or
city council members, and two-thirds shall be county supervisors.
(2) In districts in which the population in the incorporated areas
represents more than 50 percent of the total county population,
one-half of the members of the governing board shall be mayors or
city council members, and one-half shall be county supervisors.
(3) The number of those members shall be determined as provided in
subdivision (b), and the members shall be selected pursuant to
subdivision (d).
(4) For purposes of paragraphs (1) and (2), if any number
which that is not a whole number results from
the application of the term "one-third," "one-half," or "two-thirds,"
the number of county supervisors shall be increased to the nearest
integer, and the number of mayors or city council members decreased
to the nearest integer.
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 on all the property in the county, outside of
any
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. 76.3. Section 103500 of the Health
and Safety Code is repealed.
103500. A certification of birth or of birth data issued by an
agency of the government of the United States to authenticate a birth
of a child to a United States citizen outside of the United States
may be recorded in the office of a county recorder in the last county
of permanent residence of one or both parents of the child if the
last permanent residence in the United States of one or both parents
of the child was in California. A certification of death or death
data issued by an agency of the government of the United States to
authenticate the death of a United States citizen outside of the
United States may be recorded in the office of the county recorder in
the last county of permanent residence if the last permanent
residence in the United States of the citizen was in California.
SEC. 76.5. Section 103501 is added to the
Health and Safety Code , to read:
103501. A county recorder shall issue a certified copy of a
foreign birth or death recorded in the office of the county recorder
only as an official record of the county recorder, as defined in
subdivision (a) of Section 27300 of the Government Code, and not as a
certified copy of a vital record pursuant to Chapter 14 of Part 1 of
Division 102 (commencing with Section 103525).
SEC. 76.7. Section 103505 of the Health
and Safety Code is amended to read:
103505. (a) A certification of birth
or death outside of the United States , upon
recordation shall not be recorded by the county
recorder, shall be indexed in the county recorder's birth
index in the year of occurrence of the birth recorder
.
(b) This section shall not apply to any court order delayed birth
certificate or court order delayed death certificate issued pursuant
to Chapter 12 of Part 1 of Division 102 (commencing with Section
103450).
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 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.
(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) 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. 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. 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. SEC. 79. 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.
(b) The district board may authorize each director to receive
compensation not exceeding twenty-five dollars ($25) for each meeting
of the board attended by 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.
(c) The district board may authorize a director to receive for
performing duties for the district other than attending board
meetings:
(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.
(2) Actual and necessary expenses incurred in the performance of
these duties.
(d) The secretary shall receive compensation set by the board,
which compensation shall be in lieu of any other compensation to
which the secretary may be entitled for attendance at meetings
pursuant to this section.
SEC. 83. SEC. 80. Section 1550 of
the Streets and Highways Code is amended to read:
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. SEC. 81. 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 unincorporated areas of the county wholly
outside of incorporated cities. Formation of these districts may be
ordered by the board when in its opinion additional road funds are
necessary to properly maintain highways and roads in specific
unincorporated areas of the county. These districts shall be formed
by order of the board setting forth the boundaries thereof. A
district shall be in existence until the board shall by its order
discontinue the district. If a district is to be formed, the board
shall set a date for a hearing on the formation. 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 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, if any, shall be heard on the proposed formation
of the district. It shall be within the power of the board to
determine from the results of the hearing the necessity for the
special road maintenance district, and, if it be deemed necessary,
the district may be formed.
SEC. 85. SEC. 82. Section 1550.2 of
the Streets and Highways Code is repealed.
SEC. 86. SEC. 83. 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. SEC. 84. Section 1551 of
the Streets and Highways Code is repealed.
SEC. 88. SEC. 85. Section 1552 of
the Streets and Highways Code is amended to read:
1552. Except as otherwise provided in this code, all revenues
from special taxes levied for highway and road purposes collected in
each road district shall be expended for highway and road
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. SEC. 86. Section 1553 of
the Streets and Highways Code is repealed.
SEC. 90. SEC. 87. Section 1554 of
the Streets and Highways Code is repealed.
SEC. 91. SEC. 88. Section 5100 of
the Streets and Highways Code is amended to read:
5100. (a) 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 or the state 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.
(b) Nothing in this section shall supersede the legislative body's
obligation to obtain a lease or permit from the State Lands
Commission for the use of state-owned tide or submerged lands.
SEC. 89. Section 376 of the Water Code
is amended to read:
376. (a) Any ordinance or resolution
adopted pursuant to Section 375 is effective upon adoption. Within 10
days after its adoption, the ordinance or resolution shall be
published pursuant to Section 6061 of the Government Code in full in
a newspaper of general circulation which is printed, published, and
circulated in the district public entity
. If there is no such newspaper the ordinance or resolution
shall be posted within 10 days after its adoption in three public
places within the district public entity
.
(b) The publication of ordinances or resolutions, as required by
subdivision (a), may be satisfied by either of the following actions:
(1) The public entity may publish a summary of a proposed
ordinance, resolution, or proposed amendment to an existing ordinance
or resolution. The summary shall be prepared by an official
designated by the governing body. A summary shall be published and a
certified copy of the full text of the proposed ordinance,
resolution, or amendment shall be posted in the office of the
governing body at least five days prior to the governing body's
meeting at which the proposed ordinance, resolution, or amendment is
to be adopted. Within 15 days after adoption of the ordinance,
resolution, or amendment, the governing body shall publish a summary
of the ordinance, resolution, or amendment with the names of those
members voting for and against the ordinance, resolution, or
amendment and the official shall post in the office of the governing
body a certified copy of the full text of the adopted ordinance,
resolution, or amendment along with the names of those members voting
for and against the ordinance, resolution, or amendment.
(2) If the official designated by the governing body determines
that it is not feasible to prepare a fair and adequate summary of the
proposed or adopted ordinance, resolution, or amendment, and if the
governing body so orders, a display advertisement of at least
one-quarter of a page in a newspaper of general circulation in the
county shall be published at least five days prior to the governing
body meeting at which the proposed ordinance, resolution, or
amendment is to be adopted. Within 15 days after adoption of the
ordinance, resolution, or amendment, a display advertisement of at
least one-quarter of a page shall be published. The advertisement
shall indicate the general nature of, and provide information about,
the proposed or adopted ordinance, resolution, or amendment,
including information sufficient to enable the public to obtain
copies of the complete text of the ordinance, resolution, or
amendment, and the names of those members voting for and against the
ordinance, resolution, or amendment.
SEC. 92. SEC. 90. 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) 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.
SEC. 91. The Legislature finds and declares that,
because of the unique circumstances applicable to the County of
Sonoma, a statute of general applicability cannot be enacted within
the meaning of subdivision (b) of Section 16 of Article IV of the
California Constitution. Therefore, this special statute is
necessary.