BILL NUMBER: SB 113 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 3, 2009
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 Sections 6301.1, 6305, 6307, 6321, 6326,
6342, 6345, 6346, 6346.5, 6347, 6348, 6348.3, 6348.4, 6348.5, 6348.6,
6349, and 6350 of, and to repeal Section 6364 of, the Business and
Professions Code, to amend Section 15303 of the Education
Code, to amend Sections 7902.7, 23232, 24011, 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, 53601.6, 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 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 Sections 9002, 9066, 9067, 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 Sections
20601 and 20602 of, and to add Section 20615 to, the Public Contract
Code, to amend Section Sections 2621.7
and 13041 of the Public Resources Code, to amend Section
11938 of the Public Utilities Code, to amend Section 99 of the
Revenue and Taxation 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 Sections 376 and 40355
376, 40355, 55336, 55371, 55371.5, 55372, and 55373
of the Water Code, and to amend Sections 4.1, 4.2, 5.1,
5.2, 5.3, 5.5, 5.6, 5.7, and 5.20 of, to amend and renumber Section
8.12 of, to add Section 6.2 to, and to repeal Sections 5.8, 5.9,
5.10, 5.11, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, and 8.1 of, the North
Delta Water Agency Act (Chapter 283 of the Statutes of 1973),
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 establishes a system of county law libraries and
regulates their operation and governance, including, among other
things, the amount a county law library is authorized to maintain in
its revolving fund.
This bill would make various revisions to the provisions governing
county law libraries.
(2) Existing law requires the Administrative Office of the Courts
to make monthly distributions from superior court filing fees to the
law library fund in each county in specified amounts.
This bill would increase the amount of the superior court filing
fees for distribution to law libraries in specified counties.
(1)
(3) 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.
(4) Under existing law, 12 counties are authorized to convert the
public administrator's office from an elected to an appointed
position by ordinance and without voter approval, 7 counties are
authorized to appoint the same person as the public administrator and
the public guardian, and 8 counties are authorized to separate the
consolidated office of district attorney and public administrator.
This bill would also authorize Amador County to utilize these
provisions.
(2)
(5) 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)
(6) 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.
(3)
(7) 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.
(4)
(8) 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.
(5)
(9) 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.
(6)
(10) 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.
(7)
(11) 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)
(12) 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)
(13) 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)
(14) 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.
(11)
(15) 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.
(12)
(16) 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.
(13)
(17) 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.
(14)
(18) 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.
(15)
(19) 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.
(16)
(20) 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.
(17)
(21) 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)
(22) Existing law defines various terms, for purposes
of the Public Cemetery 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)
(23) 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 cemetery 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)
(24) The Public Cemetery Law authorizes a public
cemetery 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 cemetery 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.
(25) The Public Cemetary Law authorizes cemetery districts to
collect a payment for each interment and deposit those funds into an
endowment care fund, which are generally deposited in the county
treasury.
This bill would authorize a cemetery district's board of trustees
to withdraw the principal and income of an endowment care fund from
the county treasury and invest those funds into prime quality
securities and obligations, certificates of deposit, or other
interest bearing bank accounts of any state or federally chartered
bank insured by the Federal Deposit Insurance Corporation.
(21)
(26) 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)
(27) 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 United
States from being recorded by the recorder, except as
specified.
(28) Existing law requires the governing bodies of county
waterworks districts to use public bidding procedures for waterworks
service contracts.
This bill would clarify that county waterworks districts are
required to follow public bidding procedures when awarding contracts
for public works, but are allowed to let service contracts in the
same manner as counties and other public agencies.
(29) Under the Alquist-Priolo Earthquake Fault Zoning Act, prior
to approving a project within an earthquake fault zone, a city or
county is directed to require the preparation of a geologic report,
subject to certain exceptions.
This bill would specifically exempt from this requirement projects
relating to structures owned and operated by the state entities and
agencies listed on the California Register of Historical Resources or
the National Register of Historic Places, including the California
Memorial Stadium, if the state agency or entity submits a plan of
proposed alterations to the State Geologist.
(30) Existing law requires a municipal utility district's general
manager to publish its annual financial report in a general
circulation newspaper.
This bill would authorize a municipal utility district to instead
publish a summary of its annual financial report.
(23)
(31) 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.
(32) Existing law requires a city to enter into a property tax
exchange agreement with the county in which it is located before it
may annex territory. Until January 1, 2010, existing law requires a
city and county that are unable to reach a property tax exchange
agreement to participate in a 3-step alternative dispute resolution
process.
This bill would extend this alternative dispute resolution
requirement to January 1, 2015.
(24)
(33) 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.
(25)
(34) 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)
(35) 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.
(27)
(36) 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.
(37) Under existing law, a waterworks district is empowered to
sell surplus water outside of the district with the approval of the
governing body of the local agency formation commission.
This bill would authorize a waterworks district to sell any water
outside of the district if its governing body finds that the water is
needed for public health, public safety, or emergency purposes, as
defined.
(38) Existing law authorizes a waterworks district to sell or
lease surplus property without public notice when the value of the
property is $100 or less, or when it is sold to another county
waterworks district governed by the same board.
This bill would expand a waterworks district's authority to sell,
lease, or exchange property, or an interest in property, without
notice when the property is valued at $5,000 or less, or is sold to
another public agency with a service area or jurisdictional boundary
that overlaps with the district.
(39) The North Delta Water Agency Act creates the North Delta
Water Agency, defines the powers and duties of the agency, prescribes
the boundaries of the agency, and specifies the mode of assessment
to finance the agency. Existing law also prescribes the method for
dissolving the agency.
This bill would make various revisions to the provisions relating
to collecting assessments, levying special benefit assessments, and
the agency's dissolution. The bill would also revise the agency's
general powers.
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. 1.1. Section 6301.1 of the
Business and Professions Code is amended to read:
6301.1. Notwithstanding Section 6301, in San Diego County the
board of law library trustees shall be constituted, as follows:
(a) Four Up to five judges of the
superior court, to be elected by and from the superior court judges
of the county. Each superior court judge so elected shall serve a
three-year term. In order to maintain overlapping terms, those judges
holding office as of the date of unification of the municipal and
superior courts of San Diego County shall remain in office until the
expiration of their original terms.
(b) The board of supervisors shall appoint three
up to four attorneys resident in the county to
the board of law library trustees, to serve overlapping three-year
terms. In order to stagger the three appointments,
the board of supervisors shall, in January of 1997, appoint one
attorney to a one-year term, one attorney to a two-year term, and one
attorney to a three-year term; and as each term expires, the new
appointee shall thereafter serve three-year terms. At least one
attorney appointed pursuant to this subdivision shall be a member of
the San Diego County Bar Association.
(c) In the event a trustee cannot serve a full term, the
appointing authority for that individual shall appoint another
qualified person to complete that term. Interim appointments may be
made by the board of law library trustees in accordance with Section
6305.
SEC. 1.2. Sect ion 6305 of the
Business and Professions Code is amended to read:
6305. A board of law library trustees may remove any trustee,
except an ex officio trustee, who neglects to attend or who
absents himself is absent from the
three consecutive meetings of the board, and may
fill all vacancies that from any cause occur in the board.
SEC. 1.3. Section 6307 of the Business
and Professions Code is amended to read:
6307. Each board shall elect a secretary, who shall keep a full
statement and account of all property, money, receipts and
expenditures, and shall keep a record and full minutes in writing,
with the ayes and noes at length, of all proceedings of the board.
The secretary may certify to such
Under the secretary's hand, the proceedings ,
or any part thereof, under his hand, may be
verified by an official seal adopted and provided by the board for
that purpose.
SEC. 1.4. Section 6321 of the Business
and Professions Code is amended to read:
6321. (a) On and after January 1, 2006, as described in Section
68085.1 of the Government Code, the Administrative Office of the
Courts shall make monthly distributions from superior court filing
fees to the law library fund in each county in the amounts described
in this section and Section 6322.1. From each first paper filing fee
as provided under Section 70611, 70612, 70613, 70614, or 70670 of the
Government Code, each first paper or petition filing fee in a
probate matter as provided under Section 70650, 70651, 70652, 70653,
70654, 70655, 70656, or 70658 of the Government Code, Section 103470
of the Health and Safety Code, or Section 7660 of the Probate Code,
each filing fee for a small claim or limited civil case appeal as
provided under Section 116.760 of the Code of Civil Procedure or
Section 70621 of the Government Code, and each vehicle forfeiture
petition fee as provided under subdivision (e) of Section 14607.6 of
the Vehicle Code, that is collected in each of the following
counties, the amount indicated in this subdivision shall be paid to
the law library fund in that county:
Jurisdiction Amount
Alameda........................ $3 1
7 .00
Alpine......................... 4.00
Amador......................... 20.00
Butte.......................... 29 35
.00
Calaveras...................... 3 2 6
.00
Colusa......................... 17.00
Contra Costa................... 29
35 .00
Del Norte...................... 20.00
El Dorado...................... 2 6
9 .00
Fresno......................... 3 1
7 .00
Glenn.......................... 20.00
Humboldt....................... 40.00
Imperial....................... 20.00
Inyo........................... 2 3
9 .00
Kern........................... 2 1
7 .00
Kings.......................... 2 3
9 .00
Lake........................... 23.00
Lassen......................... 2 5
8 .00
Los Angeles.................... 18
24 .00
Madera......................... 3 2 6
.00
Marin.......................... 32.00
Mariposa....................... 27.00
Mendocino...................... 29
35 .00
Merced......................... 2 3
9 .00
Modoc.......................... 20.00
Mono........................... 20.00
Monterey....................... 25
31 .00
Napa........................... 2 0 3
.00
Nevada......................... 2 3
9 .00
Orange......................... 29
35 .00
Placer......................... 29 35
.00
Plumas......................... 23.00
Riverside...................... 3 2 6
.00
Sacramento..................... 44
50 .00
San Benito..................... 2 3
6 .00
San Bernardino................. 2 3
9 .00
San Diego...................... 3 5
8 .00
San Francisco.................. 36
42 .00
San Joaquin.................... 2 3
9 .00
San Luis Obispo................ 3 1
4 .00
San Mateo...................... 3 2
8 .50
Santa Barbara.................. 35
41 .00
Santa Clara.................... 26.00
Santa Cruz..................... 29
35 .00
Shasta......................... 2 0 6
.00
Sierra......................... 20.00
Siskiyou....................... 26.00
Solano......................... 2 6
9 .00
Sonoma......................... 29
35 .00
Stanislaus..................... 18
24 .00
Sutter......................... 7.00
Tehama......................... 2 0
3 .00
Trinity........................ 20.00
Tulare......................... 29
35 .00
Tuolumne....................... 20.00
Ventura........................ 3 2 6
.00
Yolo........................... 29
35 .00
Yuba........................... 7 10
.00
(b) If a board of supervisors in any county acted before January
1, 2006, to increase the law library fee in that county effective
January 1, 2006, the amount distributed to the law library fund in
that county under subdivision (a) shall be increased by the amount
that the board of supervisors acted to increase the fee, up to three
dollars ($3). Notwithstanding subdivision (b) of Section 6322.1, as
it read on January 1, 2005, the maximum increase permitted under this
subdivision in Los Angeles County is three dollars ($3), rather than
two dollars ($2).
(c) The amounts of twenty-three dollars ($23) for Inyo County,
twenty-nine dollars ($29) for Mendocino County, twenty-three dollars
($23) for Plumas County, and twenty-three dollars ($23) for San
Benito County listed in subdivision (a) shall apply to distributions
made under subdivision (a) beginning January 1, 2006.
SEC. 1.5. Section 6326 of the Business
and Professions Code is amended to read:
6326. A revolving fund of not more than thirty thousand
dollars ($30,000) fifty thousand dollars ($50,000)
may be established from money in the law library fund, by
resolution of the board of law library trustees, for expenditures of
not exceeding three thousand dollars ($3,000)
ten thousand dollars ($10,000) each for purposes for which the
law library fund may lawfully be expended. The board shall prescribe
the procedure by which money may be drawn from the revolving fund,
the records to be kept, and the manner in which reimbursements shall
be made to the revolving fund by demand and order from the law
library fund. All or any part of the money in the revolving fund may
be deposited in a commercial account in a bank, subject to payments
of not exceeding three thousand dollars ($3,000)
ten thousand dollars ($10,000) each by check on the
signature of the secretary or any other person or persons designated
by the board.
SEC. 1.6. Section 6342 of the Business
and Professions Code is amended to read:
6342. A board of law library trustees may order the drawing and
payment, upon properly authenticated vouchers, duly
certified by the president and secretary, of money from out
of the law library fund, for any liability or expenditure herein
authorized, and generally do all that may be necessary to carry into
effect the provisions of this chapter.
SEC. 1.7. Section 6345 of the Business
and Professions Code is amended to read:
6345. A board may appoint a law librarian and define
the powers and prescribe the duties of any officers
law library employees , determine the number,
and elect all necessary subordinate officers and assistants
law librarians and law library employees , and
at its pleasure remove any officer or assistant
law librarian or law library employees .
For the purpose of facilitating the recruitment of professional
and technically trained persons to fill positions for which there is
a shortage of qualified applicants, a board may authorize payment of
all or a part of the reasonable travel expense of applicants who are
called for interview and all or part of the reasonable travel and
moving expense of persons who change their place of residence to
accept employment with the law library.
SEC. 1.8. Section 6346 of the Business
and Professions Code is amended to read:
6346. A board shall fix the salaries of the secretary,
librarian, and other officers and assistants, law
librarian and law library employees, and may require a bond of
any officer or assistant law librarian or law
library employee , in such sum as it may fix. The premium on
any such a bond given by an authorized
surety company may be paid from the law library fund.
SEC. 1.9. Section 6346.5 of the
Business and Professions Code is amended to read:
6346.5. A board of law library trustees may contract with the
Board of Administration of the State Employees' Retirement
System California Public Employees'
Retirement System , to make all or any of the officers
or employees of the law library members of the system.
SEC. 1.10. Section 6347 of the Business
and Professions Code is amended to read:
6347. A board may contract with any other law library board,
law library association , superior court, or
legal-related entity, including a self-help group or other
organization that provides a similar service, to make
use of its library as a provide public law
library , under proper rules and regulations to be
prescribed by the board, either by lease or such other contracts
services as may best carry into effect the
purposes of this chapter.
SEC. 1.11. Section 6348 of the Business
and Professions Code is amended to read:
6348. A board may expend surplus funds in excess of ten
thousand dollars ($10,000) under its control, not necessary
for use to maintain the law library, to acquire or lease real
property and erect thereon a library building to house the law
library. In the alternative, a board of law library trustees may
appropriate from such the surplus funds
in excess of ten thousand dollars ($10,000), so
much as in the discretion of said the
board may be necessary to obtain adequate quarters for the law
library in any building hereafter erected by the board of supervisors
of the county in which the law library is maintained. The moneys so
appropriated shall not be more than the proportion of the total cost
of such the building which the space
allotted to the law library bears to the total usable space in the
building. The moneys so appropriated may be transferred to the board
of supervisors of the county for use in erecting the building, or may
be paid directly on contracts for the erection thereof made by the
board of supervisors.
SEC. 1.12. Section 6348.3 of the
Business and Professions Code is amended to read:
6348.3. A library building erected to house the law library may
include not more than four courtrooms with offices
in connection therewith, offices for use of a county bar
association, and an office for a notary public and public
stenographer, which courtrooms and offices the board of law library
trustees may lease, the income to be deposited in the law library
fund.
SEC. 1.13. Section 6348.4 of the
Business and Professions Code is amended to read:
6348.4. Real property acquired by a board other than by
dedication, may be sold by the board to the State
of California or to any governmental agency, with
the proceeds to be deposited in the law library fund.
SEC. 1.14. Section 6348.5 of the
Business and Professions Code is amended to read:
6348.5. A board of law library trustees may invest surplus funds
, with the approval of the county treasurer, in
excess of one hundred thousand dollars ($100,000) or of the average
annual expenditures of the library for the four fiscal years
immediately preceding the investment, whichever is lesser, in
the Local Agency Investment Fund pursuant to Article 11 (commencing
with Section 16429.1) of Chapter 2 of Part 2 of Division 4 of Title 2
of the Government Code or bonds of the government of the
United States or of this State state .
Bonds so purchased may be sold at any time in the discretion of the
board. In computing average annual expenditures for the purposes of
this section, capital expenditures for the purchase of real property
and construction of a library building shall not be included.
SEC. 1.15. Section 6348.6 of the
Business and Professions Code is amended to read:
6348.6. In any county having a population of 400,000 but
less than 700,000, a A board of law library
trustees may contract with the board of supervisors of the county
upon such terms as may be mutually agreeable for the construction by
the board of supervisors of a law library building or any part
thereof or for quarters in a building to be erected by the board of
supervisors. Such The agreement may be
made subject to such terms and conditions including approval of plans
and specifications, regarding the furnishing and equipping of the
building or quarters, and regarding maintenance and use of the
quarters, as may be mutually agreed upon by the board of law library
trustees and the board of supervisors. Such
The contract may provide that the board of law library trustees
shall make payments to the board of supervisors out of future income
in payment for constructing or furnishing or equipping such
the law library building or part thereof or
such those quarters in a building. Any
contract heretofore executed by a board of law
library trustees and a board of supervisors, which, if executed
subsequent to the effective date of this section would be valid, is
hereby ratified and validated.
SEC. 1.16. Section 6349 of the Business
and Professions Code is amended to read:
6349. Each board of law library trustees, on or before the 15th
day of August October of each year,
shall make an annual report to the board of supervisors of the county
in which the law library is maintained, for the preceding fiscal
year ending on the 30th day of June. A copy of the report shall be
filed with the auditor of the county.
The report shall give the condition of their trust, with full
statements of all their property and money received, whence derived,
how used and expended, the number of books, periodicals and other
publications on hand, the number added by purchase, gift, or
otherwise during the year, the number lost or missing, and
such other information as might be of interest.
SEC. 1.17. Section 6350 of the Business
and Professions Code is amended to read:
6350. A financial report, showing all receipts and disbursements
of money, shall be made by the secretary, duly verified by
his oath, at the same time that the report of the board is
made.
SEC. 1.18. Section 6364 of the Business
and Professions Code is repealed.
6364. It is discretionary with the board of supervisors of any
county to provide by ordinance for the application of the provisions
of this chapter to the county.
SEC. 1.5. SEC. 1.19. 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 a proposed school
facilities improvement district is located, and the board of
supervisors of any county in which 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. 2.5. Section 24011 of the
Government Code is amended to read:
24011. Notwithstanding the provisions of Section 24009:
(a) The Boards of Supervisors of Amador County, Glenn
County, Lake County, Lassen County, Madera County, Mendocino County,
Monterey County, Napa County, Solano County, Sonoma County, Trinity
County, Tuolumne County, and Ventura County may, by ordinance,
provide that the public administrator shall be appointed by the
board.
(b) The Boards of Supervisors of Lake County, Madera County,
Mendocino County, Napa County, Trinity County, and Tuolumne County
may appoint the same person to the offices of public administrator,
veteran service officer, and public guardian. The Boards of
Supervisors of Amador County, Glenn County, Kings County,
Lassen County, Monterey County, Solano County, Sonoma County, and
Ventura County, may, by ordinance, appoint the same person to the
offices of public administrator and public guardian.
(c) The Boards of Supervisors of Amador County, Glenn
County, Lake County, Lassen County, Madera County, Mendocino County,
Napa County, Trinity County, and Tuolumne County may separate the
consolidated offices of district attorney and public administrator at
any time in order to make the appointments permitted by this
section. Upon approval by the board of supervisors, the officer
elected to these offices at any time may resign, or decline to
qualify for, the office of public administrator without resigning
from, or declining to qualify for, the office of district attorney.
(d) The Board of Supervisors of Ventura County may separate the
consolidated office of public administrator from the office of
treasurer, in order to make the appointment authorized by this
section. Upon approval by the board of supervisors, the officer
elected to these offices at any time may resign, or decline to
qualify for, the office of public administrator without resigning
from, or declining to qualify for, the office of treasurer.
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. 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.
(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.
(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.
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, 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, 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 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 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 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 the Community
Redevelopment Law , (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code), and
other available financing sources. The board may adopt a rate for
voter-approved indebtedness as will produce an amount determined as
appropriate for necessary reserves.
(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 cashflow 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.
SEC. 49. Section 29100.6 of the Government Code is amended to
read:
29100.6. On or before 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.
SEC. 50. Section 29109 of the Government Code is amended to read:
29109. (a) On or before 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).
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 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
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 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, compensation includes payment for service by a city council
member on a commission, committee, board, authority, or similar body
on which the city council member serves. If the other statute that
authorizes the compensation does not specify the amount of
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. 68.1. Section 53601.6 of the
Government Code is amended to read:
53601.6. (a) A local agency shall not invest any funds pursuant
to this article or pursuant to Article 2 (commencing with Section
53630) in inverse floaters, range notes, or mortgage-derived,
interest-only strips.
(b) A local agency shall not invest any funds pursuant to this
article or pursuant to Article 2 (commencing with Section 53630) in
any security that could result in zero interest accrual if held to
maturity. However, a local agency may hold prohibited instruments
until their maturity dates. The limitation in this subdivision shall
not apply to local agency investments in shares of beneficial
interest issued by diversified management companies registered under
the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.)
that are authorized for investment pursuant to subdivision
(k) (l) of Section 53601.
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
(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) 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 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 use of a plot, niche, or other
space, authorized by this part, for the interment of human remains.
(h) "Nonresident" means a person who does not reside within a
district or does not pay property taxes on property located in a
district.
(i) "Peace officer" means a peace officer as defined by Section
830 of the Penal Code.
(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.
(k) "Voter" means a voter as defined by Section 359 of the
Elections Code.
SEC. 75.4. Section 9066 of the Health
and Safety Code is amended to read:
9066. The board of trustees shall cause the principal of the
endowment care fund to be invested and reinvested in any of the
following :
(a) Securities and obligations designated by Section 53601 of the
Government Code.
(b) Obligations of the United States or obligations for which the
faith and credit of the United States are pledged for the payment of
principal and interest. These shall not be limited to maturity dates
of one year or less.
(c) Obligations issued under authority of law by any county,
municipality, or school district in this state for which are pledged
the faith and credit of that county, municipality, or school district
for the payment of principal and interest, if within 10 years
immediately preceding the investment that county, municipality, or
school district was not in default for more than 90 days in the
payment of principal or interest upon any legally authorized
obligations issued by it.
(d) Obligations of the State of California or those for which the
faith and credit of the State of California are pledged for the
payment of principal and interest.
(e) Interest-bearing obligations issued by a corporation
organized under the laws of any state, or of the United States,
provided that they bear a Standard and Poor's financial rating of AAA
at the time of the investment.
(f) Certificates of deposit or other interest-bearing accounts in
any bank in this state or federally
chartered bank or savings association, the deposits of which are
insured by the Federal Deposit Insurance Corporation.
(g) Investment certificates or shares in any state or federally
chartered savings and loan association insured by the Federal Savings
and Loan Insurance Corporation.
SEC. 75.5. Section 9067 of the Health
and Safety Code is amended to read:
9067. The board of trustees may withdraw the principal and
income of the endowment care fund and the endowment income fund on
deposit in the county treasury and cause the funds
deposited in the endowment income fund pursuant to subdivision (f) of
Section 9065 that are not required for the immediate care of the
cemeteries owned by the district to be invested in the
securities and obligations designated by Section 9066 and by
Section 53601 of the Government Code.
SEC. 75.5. SEC. 75.6. 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.
(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
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
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 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 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.
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
(commencing with Section 103525) 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 shall not be recorded by the county 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 (commencing with Section 103450) 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. 78.1. Section 20601 of the Public
Contract Code is amended to read:
20601. All contracts for construction of a work of
improvement for the district in excess of three thousand five
hundred dollars ($3,500) shall be let to the lowest responsible
bidder, except that contracts under seven thousand five hundred
dollars ($7,500) may be let pursuant to informal bidding procedures
established by the board, and except that county waterworks districts
may contract with each other, with the county, or, where the
district is a subsidiary district of a city, with the city, for
furnishing labor, materials, or supplies required for any improvement
mentioned in this division upon such terms and conditions as their
boards may elect. With the approval of the board of supervisors and
the board of directors of the district, if any, or, where the
district is a subsidiary district of a city, with the approval of the
city council, and upon the terms and conditions they may determine,
all contracts for construction of a work of improvement for the
district , including those under three thousand five hundred
dollars ($3,500), may be let by the county or city purchasing agent,
as applicable.
SEC. 78.2. Section 20602 of the Public
Contract Code is amended to read:
20602. The district shall advertise in the county pursuant to
Section 6061 of the Government Code, inviting sealed proposals for
furnishing labor, materials and supplies for the proposed improvement
before any contract for construction of a work of improvement
for the district shall be made.
SEC. 78.3. Section 20615 is added to the
Public Contract Code , to read:
20615. (a) Contracts by the district for private architectural,
landscape architectural, professional engineering, environmental,
land surveying, and construction project management services may be
let by the board or any officer authorized by the board pursuant to
Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of
the Government Code.
(b) Contracts by the district for special services, as provided in
Section 31000 of the Government Code may be let by the board or any
officer authorized by the board pursuant to Section 31000 of the
Government Code.
SEC. 78.5. Section 2621.7 of the Public
Resources Code is amended to read:
2621.7. This chapter, except Section 2621.9, shall not apply to
any of the following:
(a) The conversion of an existing apartment complex into a
condominium.
(b) Any development or structure in existence prior to May 4,
1975, except for an alteration or addition to a structure that
exceeds the value limit specified in subdivision (c).
(c) An alteration or addition to any structure if the value of the
alteration or addition does not exceed 50 percent of the value of
the structure.
(d) (1) Any structure located within the jurisdiction of the City
of Berkeley or the City of Oakland which was damaged by fire between
October 20, 1991, and October 23, 1991, if granted an exemption
pursuant to this subdivision.
(2) The city may apply to the State Geologist for an exemption and
the State Geologist shall grant the exemption only if the structure
located within the earthquake fault zone is not situated upon a trace
of an active fault line, as delineated in the official earthquake
fault zone map or in more recent geologic data, as determined by the
State Geologist.
(3) When requesting an exemption, the city shall submit to the
State Geologist all of the following information:
(A) Maps noting the parcel numbers of proposed building sites that
are at least 50 feet from an identified fault and a statement that
there is not any more recent information to indicate a geologic
hazard.
(B) Identification of any sites that are within 50 feet of an
identified fault.
(C) Proof that the property owner has been notified that the
granting of an exemption is not any guarantee that a geologic hazard
does not exist.
(4) The granting of the exemption does not relieve a seller of
real property or an agent for the seller of the obligation to
disclose to a prospective purchaser that the property is located
within a delineated earthquake fault zone, as required by Section
2621.9.
(e) (1) Alterations which include seismic retrofitting, as defined
in Section 8894.2 of the Government Code, to any of the following
listed types of buildings in existence prior to
May 4, 1975:
(A) Unreinforced masonry buildings, as described in subdivision
(a) of Section 8875 of the Government Code.
(B) Concrete tilt-up buildings, as described in Section 8893 of
the Government Code.
(C) Reinforced concrete moment resisting frame buildings as
described in Applied Technology Council Report 21 (FEMA Report 154).
(D) Any structure owned and operated by a state entity or agency
that is listed on the California Register of Historical Resources or
the National Register of Historic Places, including the California
Memorial Stadium. This exemption shall not apply unless the state
entity or agency submits a plan of proposed alterations to the State
Geologist. The addition of this subparagraph does not modify, alter,
conflict with, or supersede the intent of applicability of any other
provisions of this chapter.
(2) The exemption granted by subparagraphs (A), (B), and (C)
of paragraph (1) shall not apply unless a city or county acts
in accordance with all of the following:
(A) The building permit issued by the city or county for the
alterations authorizes no greater human occupancy load, regardless of
proposed use, than that authorized for the existing use permitted at
the time the city or county grants the exemption. This may be
accomplished by the city or county making a human occupancy load
determination that is based on, and no greater than, the existing
authorized use, and including that determination on the building
permit application as well as a statement substantially as follows:
"Under subparagraph (A) of paragraph (2) of subdivision (e) of
Section 2621.7 of the Public Resources Code, the occupancy load is
limited to the occupancy load for the last lawful use authorized or
existing prior to the issuance of this building permit, as determined
by the city or county."
(B) The city or county requires seismic retrofitting, as defined
in Section 8894.2 of the Government Code, which is necessary to
strengthen the entire structure and provide increased resistance to
ground shaking from earthquakes.
(C) Exemptions granted pursuant to paragraph (1) are reported in
writing to the State Geologist within 30 days of the building permit
issuance date.
(3) Any structure with human occupancy restrictions under
subparagraph (A) of paragraph (2) shall not be granted a new building
permit that allows an increase in human occupancy unless a geologic
report, prepared pursuant to subdivision (d) of Section 3603 of Title
14 of the California Code of Regulations in effect on January 1,
1994, demonstrates that the structure is not on the trace of an
active fault, or the requirement of a geologic report has been waived
pursuant to Section 2623.
(4) A qualified historical building within an earthquake fault
zone that is exempt pursuant to this subdivision may be repaired or
seismically retrofitted using the State Historical Building Code,
except that, notwithstanding any provision of that building code and
its implementing regulations, paragraph (2) shall apply.
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. 79.1. Section 11938 of the Public
Utilities Code is amended to read:
11938. The general manager shall within 90 days from the end of
each fiscal year cause to be published a summary of the
financial report showing the result of operations for the preceding
fiscal year and the financial status of the district on the last day
thereof. The publication shall be made in the manner provided in this
division for the publication of ordinances and notices generally.
SEC. 79.5. Section 99 of the Revenue
and Taxation Code is amended to read:
99. (a) For the purposes of the computations required by this
chapter:
(1) In the case of a jurisdictional change, other than a city
incorporation or a formation of a district as defined in Section
2215, the auditor shall adjust the allocation of property tax revenue
determined pursuant to Section 96 or 96.1, or the annual tax
increment determined pursuant to Section 96.5, for local agencies
whose service area or service responsibility would be altered by the
jurisdictional change, as determined pursuant to subdivision (b) or
(c).
(2) In the case of a city incorporation, the auditor shall assign
the allocation of property tax revenues determined pursuant to
Section 56810 of the Government Code and the adjustments in tax
revenues that may occur pursuant to Section 56815 of the Government
Code to the newly formed city or district and shall make the
adjustment as determined by Section 56810 in the allocation of
property tax revenue determined pursuant to Section 96 or 96.1 for
each local agency whose service area or service responsibilities
would be altered by the incorporation.
(3) In the case of a formation of a district as defined in Section
2215, the auditor shall assign the allocation of property tax
revenues determined pursuant to Section 56810 of the Government Code
to the district and shall make the adjustment as determined by
Section 56810 in the allocation of property tax revenue determined
pursuant to Section 96 or 96.1 for each local agency whose service
area or service responsibilities would be altered by the formation.
(b) Upon the filing of an application or a resolution pursuant to
the Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000 (Division 3 (commencing with Section 56000) of Title 5 of the
Government Code), but prior to the issuance of a certificate of
filing, the executive officer shall give notice of the filing to the
assessor and auditor of each county within which the territory
subject to the jurisdictional change is located. This notice shall
specify each local agency whose service area or responsibility will
be altered by the jurisdictional change.
(1) (A) The county assessor shall provide to the county auditor,
within 30 days of the notice of filing, a report which identifies the
assessed valuations for the territory subject to the jurisdictional
change and the tax rate area or areas in which the territory exists.
(B) The auditor shall estimate the amount of property tax revenue
generated within the territory that is the subject of the
jurisdictional change during the current fiscal year.
(2) The auditor shall estimate what proportion of the property tax
revenue determined pursuant to paragraph (1) is attributable to each
local agency pursuant to Section 96.1 and Section 96.5.
(3) Within 45 days of notice of the filing of an application or
resolution, the auditor shall notify the governing body of each local
agency whose service area or service responsibility will be altered
by the amount of, and allocation factors with respect to, property
tax revenue estimated pursuant to paragraph (2) that is subject to a
negotiated exchange.
(4) Upon receipt of the estimates pursuant to paragraph (3) the
local agencies shall commence negotiations to determine the amount of
property tax revenues to be exchanged between and among the local
agencies. This negotiation period shall not exceed 60 days.
The exchange may be limited to an exchange of property tax
revenues from the annual tax increment generated in the area subject
to the jurisdictional change and attributable to the local agencies
whose service area or service responsibilities will be altered by the
proposed jurisdictional change. The final exchange resolution shall
specify how the annual tax increment shall be allocated in future
years.
(5) In the event that a jurisdictional change would affect the
service area or service responsibility of one or more special
districts, the board of supervisors of the county or counties in
which the districts are located shall, on behalf of the district or
districts, negotiate any exchange of property tax revenues. Prior to
entering into negotiation on behalf of a district for the exchange of
property tax revenue, the board shall consult with the affected
district. The consultation shall include, at a minimum, notification
to each member and executive officer of the district board of the
pending consultation and provision of adequate opportunity to comment
on the negotiation.
(6) Notwithstanding any other provision of law, the executive
officer shall not issue a certificate of filing pursuant to Section
56658 of the Government Code until the local agencies included in the
property tax revenue exchange negotiation, within the 60-day
negotiation period, present resolutions adopted by each such county
and city whereby each county and city agrees to accept the exchange
of property tax revenues.
(7) In the event that the commission modifies the proposal or its
resolution of determination, any local agency whose service area or
service responsibility would be altered by the proposed
jurisdictional change may request, and the executive officer shall
grant, 15 days for the affected agencies, pursuant to paragraph (4)
to renegotiate an exchange of property tax revenues. Notwithstanding
the time period specified in paragraph (4), if the resolutions
required pursuant to paragraph (6) are not presented to the executive
officer within the 15-day period, all proceedings of the
jurisdictional change shall automatically be terminated.
(8) In the case of a jurisdictional change that consists of a city'
s qualified annexation of unincorporated territory, an exchange of
property tax revenues between the city and the county shall be
determined in accordance with subdivision (e) if that exchange of
revenues is not otherwise determined pursuant to either of the
following:
(A) Negotiations completed within the applicable period or periods
as prescribed by this subdivision.
(B) A master property tax exchange agreement among those local
agencies, as described in subdivision (d).
For purposes of this paragraph, a qualified annexation of
unincorporated territory means an annexation, as so described, for
which an application or a resolution was filed on or after January 1,
1998, and on or before January 1, 2010
January 1, 2015 .
(9) No later than the date on which the certificate of completion
of the jurisdictional change is recorded with the county recorder,
the executive officer shall notify the auditor or auditors of the
exchange of property tax revenues and the auditor or auditors shall
make the appropriate adjustments as provided in subdivision (a).
(c) Whenever a jurisdictional change is not required to be
reviewed and approved by a local agency formation commission, the
local agencies whose service area or service responsibilities would
be altered by the proposed change, shall give notice to the State
Board of Equalization and the assessor and auditor of each county
within which the territory subject to the jurisdictional change is
located. This notice shall specify each local agency whose service
area or responsibility will be altered by the jurisdictional change
and request the auditor and assessor to make the determinations
required pursuant to paragraphs (1) and (2) of subdivision (b). Upon
notification by the auditor of the amount of, and allocation factors
with respect to, property tax subject to exchange, the local
agencies, pursuant to the provisions of paragraphs (4) and (6) of
subdivision (b), shall determine the amount of property tax revenues
to be exchanged between and among the local agencies. Notwithstanding
any other provision of law, no such jurisdictional change shall
become effective until each county and city included in these
negotiations agrees, by resolution, to accept the negotiated exchange
of property tax revenues. The exchange may be limited to an exchange
of property tax revenue from the annual tax increment generated in
the area subject to the jurisdictional change and attributable to the
local agencies whose service area or service responsibilities will
be altered by the proposed jurisdictional change. The final exchange
resolution shall specify how the annual tax increment shall be
allocated in future years. Upon the adoption of the resolutions
required pursuant to this section, the adopting agencies shall notify
the auditor who shall make the appropriate adjustments as provided
in subdivision (a). Adjustments in property tax allocations made as
the result of a city or library district withdrawing from a county
free library system pursuant to Section 19116 of the Education Code
shall be made pursuant to Section 19116 of the Education Code, and
this subdivision shall not apply.
(d) With respect to adjustments in the allocation of property
taxes pursuant to this section, a county and any local agency or
agencies within the county may develop and adopt a master property
tax transfer agreement. The agreement may be revised from time to
time by the parties subject to the agreement.
(e) (1) An exchange of property tax revenues that is required by
paragraph (8) of subdivision (b) to be determined pursuant to this
subdivision shall be determined in accordance with all of the
following:
(A) The city and the county shall mutually select a third-party
consultant to perform a comprehensive, independent fiscal analysis,
funded in equal portions by the city and the county, that specifies
estimates of all tax revenues that will be derived from the annexed
territory and the costs of city and county services with respect to
the annexed territory. The analysis shall be completed within a
period not to exceed 30 days, and shall be based upon the general
plan or adopted plans and policies of the annexing city and the
intended uses for the annexed territory. If, upon the completion of
the analysis period, no exchange of property tax revenues is agreed
upon by the city and the county, subparagraph (B) shall apply.
(B) The city and the county shall mutually select a mediator,
funded in equal portions by those agencies, to perform mediation for
a period of not to exceed 30 days. If, upon the completion of the
mediation period, no exchange of property tax revenues is agreed upon
by the city and the county, subparagraph (C) shall apply.
(C) The city and the county shall mutually select an arbitrator,
funded in equal portions by those agencies, to conduct an advisory
arbitration with the city and the county for a period of not to
exceed 30 days. At the conclusion of this arbitration period, the
city and the county shall each present to the arbitrator its last and
best offer with respect to the exchange of property tax revenues.
The arbitrator shall select one of the offers and recommend that
offer to the governing bodies of the city and the county. If the
governing body of the city or the county rejects the recommended
offer, it shall do so during a public hearing, and shall, at the
conclusion of that hearing, make written findings of fact as to why
the recommended offer was not accepted.
(2) Proceedings under this subdivision shall be concluded no more
than 150 days after the auditor provides the notification pursuant to
paragraph (3) of subdivision (b), unless one of the periods
specified in this subdivision is extended by the mutual agreement of
the city and the county. Notwithstanding any other provision of law,
except for those conditions that are necessary to implement an
exchange of property tax revenues determined pursuant to this
subdivision, the local agency formation commission shall not impose
any fiscal conditions upon a city's qualified annexation of
unincorporated territory that is subject to this subdivision.
(f) Except as otherwise provided in subdivision (g), for the
purpose of determining the amount of property tax to be allocated in
the 1979-80 fiscal year and each fiscal year thereafter for those
local agencies that were affected by a jurisdictional change which
was filed with the State Board of Equalization after January 1, 1978,
but on or before January 1, 1979. The local agencies shall determine
by resolution the amount of property tax revenues to be exchanged
between and among the affected agencies and notify the auditor of the
determination.
(g) For the purpose of determining the amount of property tax to
be allocated in the 1979-80 fiscal year and each fiscal year
thereafter, for a city incorporation that was filed pursuant to
Sections 54900 to 54904 after January 1, 1978, but on or before
January 1, 1979, the amount of property tax revenue considered to
have been received by the jurisdiction for the 1978-79 fiscal year
shall be equal to two-thirds of the amount of property tax revenue
projected in the final local agency formation commission staff report
pertaining to the incorporation multiplied by the proportion that
the total amount of property tax revenue received by all
jurisdictions within the county for the 1978-79 fiscal year bears to
the total amount of property tax revenue received by all
jurisdictions within the county for the 1977-78 fiscal year. Except,
however, in the event that the final commission report did not
specify the amount of property tax revenue projected for that
incorporation, the commission shall by October 10, determine pursuant
to Section 54790.3 of the Government Code the amount of property tax
to be transferred to the city.
The provisions of this subdivision shall also apply to the
allocation of property taxes for the 1980-81 fiscal year and each
fiscal year thereafter for incorporations approved by the voters in
June 1979.
(h) For the purpose of the computations made pursuant to this
section, in the case of a district formation that was filed pursuant
to Sections 54900 to 54904, inclusive, of the Government Code after
January 1, 1978, but before January 1, 1979, the amount of property
tax to be allocated to the district for the 1979-80 fiscal year and
each fiscal year thereafter shall be determined pursuant to Section
54790.3 of the Government Code.
(i) For the purposes of the computations required by this chapter,
in the case of a jurisdictional change, other than a change
requiring an adjustment by the auditor pursuant to subdivision (a),
the auditor shall adjust the allocation of property tax revenue
determined pursuant to Section 96 or 96.1 or its predecessor section,
or the annual tax increment determined pursuant to Section 96.5 or
its predecessor section, for each local school district, community
college district, or county superintendent of schools whose service
area or service responsibility would be altered by the jurisdictional
change, as determined as follows:
(1) The governing body of each district, county superintendent of
schools, or county whose service areas or service responsibilities
would be altered by the change shall determine the amount
of property tax revenues to
be exchanged between and among the affected jurisdictions. This
determination shall be adopted by each affected jurisdiction by
resolution. For the purpose of negotiation, the county auditor shall
furnish the parties and the county board of education with an
estimate of the property tax revenue subject to negotiation.
(2) In the event that the affected jurisdictions are unable to
agree, within 60 days after the effective date of the jurisdictional
change, and if all the jurisdictions are wholly within one county,
the county board of education shall, by resolution, determine the
amount of property tax revenue to be exchanged. If the jurisdictions
are in more than one county, the State Board of Education shall, by
resolution, within 60 days after the effective date of the
jurisdictional change, determine the amount of property tax to be
exchanged.
(3) Upon adoption of any resolution pursuant to this subdivision,
the adopting jurisdictions or State Board of Education shall notify
the county auditor who shall make the appropriate adjustments as
provided in subdivision (a).
(j) For purposes of subdivision (i), the annexation by a community
college district of territory within a county not previously served
by a community college district is an alteration of service area. The
community college district and the county shall negotiate the
amount, if any, of property tax revenues to be exchanged. In these
negotiations, there shall be taken into consideration the amount of
revenue received from the timber yield tax and forest reserve
receipts by the community college district in the area not previously
served. In no event shall the property tax revenue to be exchanged
exceed the amount of property tax revenue collected prior to the
annexation for the purposes of paying tuition expenses of residents
enrolled in the community college district, adjusted each year by the
percentage change in population and the percentage change in the
cost of living, or per capita personal income, whichever is lower,
less the amount of revenue received by the community college district
in the annexed area from the timber yield tax and forest reserve
receipts.
(k) At any time after a jurisdictional change is effective, any of
the local agencies party to the agreement to exchange property tax
revenue may renegotiate the agreement with respect to the current
fiscal year or subsequent fiscal years, subject to approval by all
local agencies affected by the renegotiation.
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. 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. 82. Section 1550.2 of the Streets and Highways Code is
repealed.
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. 84. Section 1551 of the Streets and Highways Code is
repealed.
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. 86. Section 1553 of the Streets and Highways Code is
repealed.
SEC. 87. Section 1554 of the Streets and Highways Code is
repealed.
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
tidelands 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 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 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. 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.
SEC. 90.1. Section 55336 of the Water
Code is amended to read:
55336. The Subject to Section 56133 of
the Government Code, a district may sell surplus
water to any person, firm, public or private corporation,
or public agency, or other consumer outside the district when the
governing body finds that the district has a surplus of water above
that which is required by the consumers within the district.
Additionally, a district may sell water to any person, firm, public
or private corporation, public agency, or other consumer
outside the district when the governing body finds that the sale of
the water is required in response to an emergency as defined in
Section 1102 of the Public Contract Code.
SEC. 90.2. Section 55371 of the Water
Code is amended to read:
55371. The board may sell , exchange, or lease any
property , or any interest in property, of the district,
real or personal, if the board determines that the property is
no longer needed for the uses of the district.
SEC. 90.3. Section 55371.5 of the Water
Code is amended to read:
55371.5. If the board determines that the property is needed for
the uses of another county waterworks district governed by the same
board or another public agency with a service area or
jurisdictional boundary that overlaps the district , the
property , or an interest in the property, may be sold
, exchanged, or leased to that district or public
agency at its reasonable market value without notice.
SEC. 90.4. Section 55372 of the Water
Code is amended to read:
55372. If the board determines the value of the property ,
or interest in the property, to be of a value of one
hundred dollars ($100) five thousand dollars ($5,000)
or less, or is being leased for one year or less, it may be
sold , exchanged, or leased without notice.
SEC. 90.5. Section 55373 of the Water
Code is amended to read:
55373. If the board determines the property , or interest in
the property, to have a value of more than one
hundred dollars ($100) five thousand dollars ($5,000)
or is being leased for more than one year, a notice of time and
place of sale or leasing shall be given by posting three notices in
three public places within the district five days before the date of
sale or leasing. At the time fixed for the sale or leasing, bids
shall be received and the board may sell or lease to the highest
bidder or may reject any or all bids.
SEC. 91. Section 4.1 of the North Delta
Water Agency Act (Chapter 283 of the Statutes of 1973) is
amended to read:
Sec. 4.1. The general purposes of the agency shall be to take
all reasonable and lawful actions, including to negotiate,
enter into, execute, amend, administer, perform, and enforce one or
more agreements with the United States, and with
the State of California, or with either, which
other entities, and to pursue legislative and legal actions that
have for their general purposes either of the
following:
(a) To protect the water supply of the lands within the agency
against intrusion of ocean salinity ; and .
(b) To assure the lands within the agency a dependable supply of
water of suitable quality sufficient to meet present and future
needs.
SEC. 92. Section 4.2 of the North Delta
Water Agency Act (Chapter 283 of the Statutes of 1973) is
amended to read:
Sec. 4.2. The agency shall also have the following powers:
(a) To have perpetual succession.
(b) To sue and be sued, except as otherwise provided herein or by
law, in all actions and proceedings in all courts and tribunals of
competent jurisdiction.
(c) To adopt a seal and alter it at pleasure.
(d) To take by grant, purchase, gift, devise, or lease, or dispose
of, real and personal property of every kind , including money,
within or without the agency.
(e) To borrow money and incur indebtedness; provided, however,
that with the exception of agreements provided for in Section 4.1,
the agency shall not at any one time incur indebtedness in excess of
the ordinary annual income and revenues of the agency; except that
the agency may borrow money for its expenses incurred during the
period until the agency first receives tax money.
(f) To employ labor and contract for services.
(g) To cause assessments to be levied, in the manner hereinafter
provided, for the purpose of paying expenses and obligations of the
agency, including its formation expenses and any warrants issued
therefor.
(h) To act jointly with or cooperate with the United States and
with the State of California to the end that the purposes and
activities of the agency may be fully and economically performed.
(i) To make and execute contracts and other instruments necessary
or convenient to the exercise of its powers.
(j) To carry on technical and other investigations of all kinds
necessary or convenient for the accomplishment of the purposes or
powers of the agency.
(k) To do any and every lawful act necessary in order that a
sufficient in-channel water supply of suitable quality may be
available for any present or future beneficial use or uses of the
lands within the agency.
SEC. 93. Section 5.1 of the North Delta
Water Agency Act (Chapter 283 of the Statutes of 1973),
as amended by Chapter 609 of the Statutes of 1994, is amended to
read:
Sec. 5.1. (a) On or before
June 30 of each year, the board shall determine, and cause to be
thereafter assessed and collected pursuant to Section 5.20
, an amount of money sufficient to pay the estimated expenses and
obligations, including a reasonable reserve for contingencies, of the
agency, until such time as money is available to the agency from the
assessments levied in the next succeeding year.
(b) Subdivision (a) applies only if the total amount of money
assessed during any year pursuant to this act for purposes other than
payment under the contracts provided for in Section 4.1 does not
exceed the sum of two hundred fifty thousand dollars ($250,000),
unless any greater amount is approved by two-thirds of the votes cast
at an election of the agency.
SEC. 94. Section 5.2 of the North Delta
Water Agency Act (Chapter 283 of the Statutes of 1973),
as added by Chapter 1119 of the Statutes of 1980, is amended to read:
Sec. 5.2. The board shall fix a uniform charge per acre on each
acre of taxable land within the agency sufficient to pay
such the expenses and obligations. This
section shall be effective only until the board adopts an assessment
rate pursuant to Section 5.20 that has been validated pursuant to
Section 6.2.
SEC. 95. Section 5.3 of the North Delta
Water Agency Act (Chapter 283 of the Statutes of 1973),
as added by Chapter 1119 of the Statutes of 1980, is amended to read:
Sec. 5.3. In the event the charge for any parcel of land
separately charged, based on the rate fixed pursuant to Section 5.2,
is less than ten dollars ($10), a minimum charge may be set by the
board which that shall not exceed ten
dollars ($10) for each separately charged parcel. This section
shall be effective only until the board adopts an assessment rate
pursuant to Section 5.20 that has been validated pursuant to Section
6.2.
SEC. 96. Section 5.5 of the North Delta
Water Agency Act (Chapter 283 of the Statutes of 1973),
as added by Chapter 1119 of the Statutes of 1980, is amended to read:
Sec. 5.5. All payments of charges shall be made in installments,
of such the amounts and at
such those times as the board, by order, may
direct. The collector shall bill each payment contractor and
individual landowner not within a payment contractor. Bills shall be
mailed by first-class mail to each payment contractor or landowner as
shown on the records of the county assessors' offices which the
assessors will use to prepare the next assessor's rolls. Payment
shall be payable to the treasurer of the agency. This section
shall be effective only until the board adopts an assessment rate
pursuant to Section 5.20 that has been validated pursuant to Section
6.2.
SEC. 97. Section 5.6 of the North Delta
Water Agency Act (Chapter 283 of the Statutes of 1973),
as added by Chapter 1119 of the Statutes of 1980, is amended to read:
Sec. 5.6. Any charge erroneously made by reason of inadvertence or
clerical mistake may be refunded upon order of the board at any time
after payment thereof. This section shall be effective only
until the board adopts an assessment rate pursuant to Section 5.20
that has been validated pursuant to Section 6.2.
SEC. 98. Section 5.7 of the North Delta
Water Agency Act (Chapter 283 of the Statutes of 1973),
as added by Chapter 1119 of the Statutes of 1980, is amended to read:
Sec. 5.7. The collector shall prepare a list containing the
following information for the area within each payment contractor and
for each parcel not within a payment contractor:
(a) The property description.
(b) The name of the payment contractor, names of the owners of
each parcel not within a payment contractor, or if unknown, that
fact.
(c) The number of acres in each separately assessed parcel, based
on the assessor's rolls, plats, and maps for each affected county.
(d) The amount of the charge set pursuant to Section 5.2.
(e) The percentage of benefit determined pursuant to Section 5.11
or 5.17.
(f) The total amount to be collected for each parcel, the product
of the amounts specified in subdivisions (c) and (d) or subdivisions
(c), (d), and (e).
(g) This section shall be effective only until the board adopts a
rate pursuant to Section 5.20 that has been validated pursuant to
Section 6.2.
SEC. 99. Section 5.8 of the North Delta
Water Agency Act (Chapter 283 of the Statutes of 1973),
as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.8. The board may at any time make
corrections in the determination of acreage of a parcel as shown on
the collector's list.
SEC. 100. Section 5.9 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.9. The board shall annually fix and
collect a charge, as provided in Section 5.2, until the board, on its
own motion or on petition of landowners representing at least 15
percent of the lands within the agency or at least 15 percent of the
voters of the agency, directs that commissioners be named to make a
redetermination of the benefits received and to establish one or more
zones of benefit which shall reflect the proportion of benefits to
be derived by the lands within the respective zone or zones from the
operation of the agency and from any contract the agency may have
entered into. Such redetermination shall be effective as of the first
day of July in the next succeeding year.
SEC. 101. Section 5.10 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.10. The board, pursuant to Section 5.9,
shall thereafter appoint three commissioners who have no interest in
any real estate within the agency, each of whom, before entering upon
his duties, shall make and subscribe an oath that he is not in any
manner interested in any real estate within the agency, directly or
indirectly, and that he will perform the duties of a commissioner to
the best of his abilities.
SEC. 102. Section 5.11 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.11. The commissioners shall determine
whether the agency lands should be divided into more than one zone of
benefit. If the commissioners determine that the agency shall be
divided into more than one zone, the zones shall be given a numerical
designation starting with Zone 1 which shall be the zone which
receives the greatest proportional benefit. The benefit received by
Zone 1 shall be assessed as 100 percent and the benefits received by
the other zones shall be expressed in terms of relatively smaller
percentages as such benefits compare with those received by Zone 1.
The commissioners shall prepare a map showing the boundaries of such
zones and their respective benefit percentages, and a report
explaining the basis for their determination.
SEC. 103. Section 5.12 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.12. Upon receipt of the commissioners'
map and report, the board shall schedule a hearing thereon. Notice of
the hearing shall be given in each county in which the agency is
located by publishing once each week for at least two successive
weeks in a newspaper of general circulation.
SEC. 104. Section 5.13 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.13. The notice shall state the time and
place of hearing, that the purpose of the hearing is to approve the
report and map of the commissioners, and the location of the place or
places where the report and map may be inspected. The notice shall
include a brief, generalized description of the benefit zones and
percentage of benefits determined for each zone.
SEC. 105. Section 5.14 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.14. At the hearing, any landowner within
the proposed boundaries of the benefit zone or other interested
person may offer any relevant evidence or testimony relating to the
boundaries of the benefit zones or the benefits to be received. Any
such landowner or interested person may object to the inclusion of
land within a benefit zone or may request the inclusion of any other
land within the zone or a change in the percentage of benefits of any
zone.
SEC. 106. Section 5.15 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.15. At the conclusion of the hearing,
the board may alter the boundaries of benefit zones or the
percentages of benefits applicable thereto and shall make an
order establishing the boundaries
of benefit zones and the percentages of benefits applicable thereto
which shall best approximate the benefits received.
SEC. 107. Section 5.16 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.16. If the board orders that the agency
shall be divided into more than one zone, then the charge per acre
made pursuant to Section 5.2 shall be multiplied by the percentage of
benefit applicable to the zone or zones within which the acreage is
located, and shall then be increased by the factor necessary so that
the total amount to be collected shall be equivalent to the amount
determined to be required pursuant to Section 5.1.
SEC. 108. Section 5.17 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 1119 of the Statutes of 1980, is repealed.
Sec. 5.17. The board, subsequent to any
redetermination of benefits made pursuant to Section 5.9, may, on its
own motion or on petition of landowners representing at least 15
percent of the lands within the agency or at least 15 percent of the
voters of the agency, direct that the zones of benefit or that the
percentages of benefit be further redetermined in the same manner as
provided in this article.
SEC. 109. Section 5.20 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as added by Chapter 296 of the Statutes of 2003, is amended to
read:
Sec. 5.20. (a) The board may raise revenue
in the same manner as reclamation districts, pursuant to Part 7
(commencing with Section 51200) of Division 15 of the Water Code, and
in conformance with Section 53753 of the Government Code. Every
reference in Part 7 (commencing with Section 51200) of Division 15
of the Water Code to "board of trustees" and "board of supervisors"
shall be deemed a reference to the board of directors of the agency.
(b) If new, increased, or extended assessments are proposed, the
agency shall comply with the notice, protest, and hearing procedures
in Section 53753 of the Government Code and Section 4 of Article XIII
D of the California Constitution.
SEC. 110. Section 6.2 is added to the
North Delta Water Agency Act (Chapter 283 of the Statutes
of 1973), to read:
Sec. 6.2. The agency may bring an action to determine
the validity of its zones, assessments, rates, charges, warrants,
contracts, or obligations pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure
upon the existence of those zones, assessments, rates, charges,
warrants, contracts, or obligations and for 60 days thereafter. If
the agency does not bring its own action under Chapter 9 (commencing
with Section 860) of Title 10 of Part 2 of the Code of Civil
Procedure, then Sections 863 and 869 of the Code of Civil Procedure
shall not apply.
SEC. 111. Section 8.1 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973), as amended by Chapter 403 of the Statutes of 1978, is
repealed.
Sec. 8.1. In the event that the agency fails to
enter into and execute on or before December 31, 1983 a contract
with the United States and the State of California of the character
and nature described in Section 4.1 of this act, the agency is
dissolved and its existence is automatically terminated, and all of
its corporate powers shall cease, except for the purpose of winding
up the affairs of the agency.
SEC. 112. Section 8.2 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of
1973) is amended and renumbered to read:
Sec. 8.2. Sec. 8.1. In the event of
such dissolution of the agency and the termination
of its existence, its affairs shall be wound up, its successor for
the purpose of winding up its affairs determined, and its assets and
funds distributed in accordance with the District
Reorganization Act of 1965, Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000, Division
1 3 (commencing with Section 56000) of Title
6 5 of the Government Code.
SEC. 113. The Legislature finds and declares that
Section 5 of this act which amends Section 25332 of the Government
Code is a special law which is necessary because a general law cannot
be made applicable within the meaning of Section 16 of Article IV of
the California Constitution because of the unique circumstances of
the County of Sonoma. In that respect, the County of Sonoma needs to
contract with private firms with special experience, education, and
training, including maintenance and construction services.
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CORRECTIONS Text--Pages 20, 57 and 59.
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