Bill Text: CA SB780 | 2019-2020 | Regular Session | Chaptered
Bill Title: Local Government Omnibus Act of 2019.
Spectrum: Committee Bill
Status: (Passed) 2019-09-20 - Chaptered by Secretary of State. Chapter 329, Statutes of 2019. [SB780 Detail]
Download: California-2019-SB780-Chaptered.html
Senate Bill
No. 780
CHAPTER 329
An act to amend Sections 915, 946.4, 960.2, 960.8, 16186, 24011, 25350.51, 26909, 27361.3, 31000.9, 53051, and 65589.4 of, and to repeal Section 51256.1 of, the Government Code, to amend Section 20145 of the Public Contract Code, to amend Section 5786.7 of the Public Resources Code, to amend Sections 72 and 97.70 of the Revenue and Taxation Code, and to repeal Section 31031.5 of the Water Code, relating to local government.
[
Approved by
Governor
September 20, 2019.
Filed with
Secretary of State
September 20, 2019.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 780, Committee on Governance and Finance.
Local Government Omnibus Act of 2019.
(1) Existing law requires the governing body of a public agency, within 70 days after the commencement of the agency’s legal existence, to file with the Secretary of State, on a form prescribed by the secretary, and also with the county clerk of each county in which the public agency maintains an office, a specified statement of facts about the agency. Existing law requires this information to be updated within 10 days of a change in it. Existing law requires the Secretary of State and each county clerk to establish and maintain an indexed Roster of Public Agencies that contains this information.
This bill would instead require the Secretary of State and each county clerk to establish and maintain an indexed Registry of Public Agencies containing the above-described information. This bill would make conforming
changes.
(2) The Planning and Zoning Law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for an attached housing development if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years, and if the project meets specified conditions relating to location, being subject to a discretionary decision other than a conditional use permit, and a negative or mitigated negative declaration having been adopted for the project under the California Environmental Quality Act.
This bill would correct incorrect cross-references in these provisions.
(3) Existing law authorizes a county water district to, pursuant to specified notice, protest, and hearing procedures,
fix, on or before the first day of July in each calendar year, a water standby or availability charge of not more than $10 per acre per year for each acre of land, or $10 per year for each parcel of land less than an acre within the district to which water is made available for any purpose by the district, whether the water is actually used or not, as specified. Existing law authorizes an improvement district situated within the Joshua Basin Water District to impose a water standby or availability charge or assessment of not more than $30 per acre per year for land on which the charge or assessment is levied or $30 per year for a parcel less than one acre, as specified.
This bill would repeal the provision authorizing an improvement district situated within the Joshua Basin Water District to impose a water standby or availability charge or assessment of not more than $30 per acre per year for land on which the charge or assessment is levied or $30 per year for a
parcel less than one acre.
(4) Existing law establishes procedures for the postponement of the payment of property taxes of a claimant who is the owner of a manufactured home. Existing law requires, in the case of a manufactured home situated on real property not owned by the claimant, all sums paid by the Controller to be secured by a security agreement in favor of the State of California when funds are transferred to the county by the Controller for postponed property taxes. Existing law requires the Controller or their authorized delegate, at any time the amount of the obligation secured by the security agreement for postponed property taxes is paid in full or otherwise discharged in the case of a manufactured home situated on real property not owned by the claimant, to transmit a release of lien to the owner of the manufactured home, or the owner’s heirs or assigns. Existing law requires the owner, or the owner’s heirs or assigns to
transmit the Release of Lien and a fee of $6 to the Department of Housing and Community Development.
This bill would instead require cost of the recording the release of the lien to be added to and become part of the obligation secured by the lien being released. This bill would require the Controller or their authorized delegate to transmit a Release of Lien and $6 fee to the Department of Housing and Community Development.
(5) Existing law authorizes the boards of supervisors of specified counties to provide, by ordinance, that the public administrator be appointed by the board. Existing law also authorizes the boards of supervisors of specified counties, by ordinance, to appoint the same person to the offices of public administrator and public guardian. Existing law also authorizes the boards of supervisors of specified counties to separate the consolidated offices of district attorney and public
administrator at any time, in order to make those appointments, as specified.
This bill would apply these provisions to the County of Siskiyou.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Siskiyou.
(6) Existing law authorizes a county board of supervisors to delegate to a purchasing agent or other appropriate county official the authority to lease real property for use by the county for a term not to exceed 5 years and for a rental not to exceed $7,500 per month and to amend those leases for improvements or alterations, as specified.
This bill would increase the amount for a rental to an amount not to exceed $10,000 per month, as specified.
(7) Existing law generally prescribes the duties of a county auditor. Existing law requires the county auditor to either make, or contract with a certified public accountant or public accountant to make, an audit of the accounts and records of every special district within the county for which an audit by a certified public accountant or public accountant is not otherwise provided.
Existing law requires, for certain special districts, that a report of the audit be filed within 12 months of the end of the fiscal year or years under examination with the Controller and with the local agency formation commission of the county in which the special district is located, unless the special district is located in 2 or more counties, then with each local agency formation commission within each county in which the district is located.
This bill would require, under the circumstances described above, that the report also
be filed with the county auditor.
(8) Existing law authorizes a county recorder to charge and collect fees in the amount and manner specified. Existing law requires a county recorder to charge $8 for recording a release of lien, encumbrance, or notice executed by the state, local agency, or other political subdivision if the original lien, encumbrance, or notice was recorded without fee, as specified.
This bill would require the county recorder, in recording a release of lien, encumbrance, or notice executed by the state, local agency, or other political subdivision, to charge 2 times the fee charged to record the
first page of a lien, encumbrance, or notice, as specified, on January 1 of the year the release is recorded, if the original lien, encumbrance, or notice was recorded without fee, as specified.
(9) Existing law authorizes the board of supervisors, in counties with a population of 6,000,000 or more, to, by ordinance, authorize county officers having responsibility for the design and construction of county projects to enter into contracts for architectural, engineering, and related services where the amount of the contract does not exceed $75,000, as specified.
This bill would increase that amount to $330,000.
(10) The Williamson Act authorizes a city or county to contract with a landowner to limit the use of land devoted to agricultural use or located in an agricultural preserve designated by the city or
county in exchange for reduced property tax assessments. That act allows a city or county, upon petition by a landowner, to enter into an agreement with the landowner to rescind a contract in order to simultaneously place other land within that city, the county, or the county where the contract is rescinded under an agricultural conservation easement, as specified, and requires that agreement to be approved by the Director of Conservation and the Secretary of the Natural Resources Agency.
This bill would eliminate the requirement of approval of that agreement by the Director of Conservation.
(11) Existing law authorizes park and recreation districts to provide, among other things, community recreation programs, recreation facilities, parks, and open space.
This bill would authorize the Weed Recreation and Parks District to exercise any of the powers,
functions, and duties of a cemetery district, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Weed Recreation and Parks District.
(12) Existing property tax law requires the assessor to determine the new base year value for taxable real property that has been newly constructed. Existing property tax law requires a city, county, or city and county to transmit to the county assessor a copy of any building permit, and a copy of any certificate of occupancy or other document showing the date of completion of new construction, issued or finalized by that entity. Existing property tax law further requires the assessee to file with the county assessor a scale copy of the floor plans and exterior dimensions of the building designated at the time the assessee files, or causes to be filed, an approved set of
building plans with the city, county, or city and county.
This bill would expand these requirements to apply to building permits and certificates of occupancy issued or finalized by, and building plans filed with, any other entity authorized to issue a building permit.
By adding to the duties of local agencies that issue building permits, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(13) Beginning with the 2004–05 fiscal year and for each
fiscal year thereafter, existing property tax law requires that each city, county, and city and county receive additional property tax revenues in the form of a vehicle license fee adjustment amount, as defined, from a Vehicle License Fee Property Tax Compensation Fund that exists in each county treasury, funded from ad valorem property tax revenues otherwise required to be allocated to educational entities. Existing law requires, on or before June 30 of each fiscal year, the county auditor to report to the Controller the vehicle license fee adjustment amount for the county and each city in the county for that fiscal year.
This bill would require the county auditor to report to the Controller in an electronic format provided by the Controller. The bill would require the Controller to make the information available to the public in a readily accessible compiled electronic file via the Controller’s internet website on or before September 1 of each
year.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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 2019.(b) The Legislature finds and declares that Californians want their governments to be run efficiently and economically and that public officials should avoid waste and duplication whenever possible. The Legislature further finds and declares that it desires to control its own costs by reducing the number of separate bills. Therefore, it is the intent of the Legislature in enacting this act to combine several minor, noncontroversial statutory changes relating to the common theme, purpose, and subject of local government into a single
measure.
SEC. 2.
Section 915 of the Government Code is amended to read:915.
(a) A claim, any amendment thereto, or an application to the public entity for leave to present a late claim shall be presented to a local public entity by either of the following means:(1) Delivering it to the clerk, secretary, or auditor thereof.
(2) Mailing it to the clerk, secretary, auditor, or to the governing body at its principal office.
(b) Except as provided in subdivisions (c) and (d), a claim, any amendment thereto, or an application for leave to file a late claim shall be presented to the state by either of the following means:
(1) Delivering it to an office of the Department of General Services.
(2) Mailing it to the Department of General Services at its principal office.
(c) A claim, any amendment thereto, or an application for leave to file a late claim shall be presented to a judicial branch entity in accordance with the following means:
(1) Delivering or mailing it to the court executive officer, if against a superior court or a judge, court executive officer, or trial court employee, as defined in Section 811.9, of that court.
(2) Delivering or mailing it to the Clerk or Executive Officer of the Court of Appeal, if
against a court of appeals or a judge of that court.
(3) Delivering or mailing it to the Clerk or Executive Officer of the Supreme Court, if against the Supreme Court or a judge of that court.
(4) Delivering or mailing it to the Administrative Director of the Judicial Council, if against the Judicial Council or the Administrative Office of the Courts.
(d) A claim, any amendment thereto, or an application for leave to file a late claim shall be presented to the Trustees of the California State University by delivering or mailing it to the Office of Risk Management at the Office of the Chancellor of the California State University.
(e) A claim,
amendment, or application shall be deemed to have been presented in compliance with this section even though it is not delivered or mailed as provided in this section if, within the time prescribed for presentation thereof, any of the following apply:
(1) It is actually received by the clerk, secretary, auditor, or board of the local public entity.
(2) It is actually received at an office of the Department of General Services.
(3) If against the California State University, it is actually received by the Trustees of the California State University.
(4) If against a judicial branch entity or judge, it is actually received by the court executive officer, court
clerk/administrator, court clerk, or secretariat of the judicial branch entity.
(f) A claim, amendment, or application shall be deemed to have been presented in compliance with this section to a public agency as defined in Section 53050 if it is delivered or mailed within the time prescribed for presentation thereof in conformity with the information contained in the statement in the Roster of Public Agencies pertaining to that public agency which is on file at the time the claim, amendment, or application is delivered or mailed. As used in this subdivision, “statement in the Registry of Public Agencies” means the statement or amended statement in the Registry of Public Agencies in the office of the Secretary of State or in the office of the county clerk of any county in which the statement or amended statement is on file.
SEC. 3.
Section 946.4 of the Government Code is amended to read:946.4.
(a) Where provision is made by or pursuant to law that no suit may be brought against a public agency as defined in Section 53050 unless and until a claim is presented to the agency, the failure to present a claim does not constitute a bar or defense to the maintenance of a suit against the public agency if, during the 70 days immediately following the accrual of the cause of action, either of the following apply:(1) No statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains
an office, as required by Section 53051.
(2) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but the information contained therein is so inaccurate or incomplete that it does not substantially conform to the requirements of Section 53051.
(b) On any question of fact arising within the scope of paragraphs (1) and (2) of subdivision (a), the burden of proof is upon the public agency.
(c) This section is inapplicable where the presentation of a claim is required by a claims procedure established by
agreement made pursuant to Section 930.2 unless the procedure so prescribed requires that the claim be presented to the governing body of the public agency or to a person listed in Section 53051.
SEC. 4.
Section 960.2 of the Government Code is amended to read:960.2.
Notwithstanding any provision of law to the contrary, service of process in an action or proceeding against a public agency may be made in the manner provided in Section 960.3 if, during the 10 days immediately following the commencement of the action or proceeding, any of the following apply:(a) No statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, as required by Section 53051.
(b) A statement or amended statement
pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but the information contained therein is so inaccurate or incomplete that it does not substantially conform to the requirements of Section 53051.
(c) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Registry of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but neither the governing body nor any officer or agent of the public agency upon whom personal service of process constitutes service upon the public agency can thereafter, with due diligence, be
personally served at the address or addresses set forth in the statement.
SEC. 5.
Section 960.8 of the Government Code is amended to read:960.8.
Service of process in an action or proceeding against a public agency may be made in conformity with the information contained in the statement in the Registry of Public Agencies pertaining to that public agency which is on file at the time of that service. Service in this manner, if otherwise made in compliance with law, constitutes personal service upon the public agency.As used in this section, “statement in the Registry of Public Agencies” means the statement or amended statement in the Registry of Public Agencies in the office of the Secretary of State or in the office of the county clerk of any county in which that statement or amended statement is on
file.
SEC. 6.
Section 16186 of the Government Code is amended to read:16186.
(a) If at any time the amount of the obligation secured by the lien for postponed property taxes is paid in full or otherwise discharged, the Controller, or the authorized delegate of the Controller, shall in the case of real property and a manufactured home situated on real property owned by the claimant:(1) Execute and cause to be recorded in the office of the county recorder of the county wherein the real property described in the lien is located, a release of the lien conclusively evidencing the satisfaction of all amounts secured by the lien. The cost of recording the release of the lien shall be added to and become part of the obligation secured by the lien being released.
(2) Direct the tax collector to remove from the secured roll, the information required to be entered thereon by paragraph (1) of subdivision (a) of Section 2514 of the Revenue and Taxation Code with respect to the property described in the lien.
(3) Direct the assessor to remove from the assessment records applicable to the property described in the lien, the information required to be entered on such records by Section 2515 of the Revenue and Taxation Code.
(b) If at any time the amount of the obligation secured by the security agreement for postponed property taxes is paid in full or otherwise discharged, the Controller, or the authorized delegate of the Controller, shall, in the case of a manufactured home situated on
real property not owned by the claimant:
(1) Direct the tax collector to remove from the secured roll the
information required to be entered thereon by paragraph (1) of subdivision (a) of Section 2514 of the Revenue and Taxation Code.
(2) Transmit a Release of Lien
and a fee of six dollars ($6), to the Department of Housing and Community Development. The cost of recording the release of the lien shall be added to and become part of the obligation secured by the lien being released. Upon receipt of the Release of Lien and the fee, the department shall terminate the restriction on the permanent title record as provided in Section 16182.
SEC. 7.
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, Contra Costa County, Glenn County, Imperial County, Lake County, Lassen County, Madera County, Mendocino County, Monterey County, Napa County, Siskiyou 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, Siskiyou 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, Contra Costa County, Glenn County, Imperial County, Kings County, Lassen County, Monterey County, Siskiyou 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, Contra Costa 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. 8.
Section 25350.51 of the Government Code is amended to read:25350.51.
(a) The board may, by ordinance or resolution, delegate to the purchasing agent or other appropriate county official, subject to any rules and regulations as it may impose, the following authority:(1) To lease real property for use by the county or to obtain the use of real property for the county by license for a term not to exceed five years and for a rental not to exceed ten thousand dollars ($10,000) per month.
(2) To amend real property leases or licenses for improvements or alterations, or both, with a total cost not to exceed ten thousand dollars ($10,000) provided that the
amendment does not extend the term of the lease or license and that no more than two amendments, not to exceed ten thousand dollars ($10,000) each, are made within a 12-month period.
(b) Notice of intention to consummate the lease or license shall be posted in a public place for five working days prior to consummation of the lease or license. The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, and any county officer authorized to execute the lease or license.
SEC. 9.
Section 26909 of the Government Code, as amended by Section 2 of Chapter 334 of the Statutes of 2017, is amended to read:26909.
(a) (1) The county auditor shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every special district within the county for which an audit by a certified public accountant or public accountant is not otherwise provided. In each case, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards.(2) (A) If an audit of a special district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by the Controller
and shall conform to generally accepted auditing standards.
(B) A report of the audit required pursuant to subparagraph (A) shall be filed within 12 months of the end of the fiscal year or years under examination as follows:
(i) For a special district defined in paragraph (2) of subdivision (d) of Section 12463, with the Controller.
(ii) For a special district defined in Section 56036, with the Controller, the county auditor, and the local agency formation commission of the county in which the special district is located, unless the special district is located in two or more counties, then with each local agency formation commission within each county in which the district is located.
(3) Any costs incurred by the county auditor, including contracts with, or employment of, certified public accountants or public accountants, in making an audit of every special district pursuant to this section shall be borne by the special district and shall be a charge against any unencumbered funds of the district available for the purpose.
(4) For a special district that is located in two or more counties, this subdivision shall apply to the auditor of the county in which the treasury is located.
(5) The county controller, or ex officio county controller, shall effect this section in those counties having a county controller or ex officio county controller.
(b) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with one of the following, performed in accordance with professional standards, as determined by the county auditor:
(1) A biennial audit covering a two-year period.
(2) An audit covering a five-year period if the special district’s annual revenues do not exceed an amount specified by the board of supervisors.
(3) An audit conducted at specific intervals, as recommended by the county auditor, that shall be completed at least once every five years.
(c) (1) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with a financial review, or an agreed-upon procedures engagement, in accordance with the appropriate professional standards, as determined by the county auditor, if the following conditions are met:
(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system.
(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000).
(C) The special district shall pay for any costs incurred by the county
auditor in performing an agreed-upon procedures engagement. Those costs shall be charged against any unencumbered funds of the district available for that purpose.
(2) If the board of supervisors is the governing board of the special district, it may, upon unanimous approval, replace the annual audit of the special district required by this section with a financial review, or an agreed-upon procedures engagement, in accordance with the appropriate professional standards, as determined by the county auditor, if the special district satisfies the requirements of subparagraphs (A) and (B) of paragraph (1).
(d) (1) A special district may, by annual unanimous request of the governing board of the special district and with annual unanimous approval of the board of
supervisors, replace the annual audit required by this section with an annual financial compilation of the special district to be performed by the county auditor in accordance with professional standards, if all of the following conditions are met:
(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system.
(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000).
(C) The special district shall pay for any costs incurred by the county auditor in performing a financial compilation. Those costs shall be a charge against any unencumbered funds of the district available for that purpose.
(2) A special district shall not replace an annual audit required by this section with an annual financial compilation of the special district pursuant to paragraph (1) for more than five consecutive years, after which a special district shall comply with subdivision (a).
(e) Notwithstanding this section, a special district shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements.
(f) Upon receipt of the financial review, agreed-upon procedures engagement, or financial compilation, the county auditor shall have the right to appoint, pursuant to subdivision (a), a certified public accountant or a public accountant to conduct an
audit of the special district, with proper notice to the governing board of the special district and board of supervisors.
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 10.
Section 26909 of the Government Code, as amended by Section 3 of Chapter 334 of the Statutes of 2017, is amended to read:26909.
(a) (1) The county auditor shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every special district within the county for which an audit by a certified public accountant or public accountant is not otherwise provided. In each case, the minimum requirements of the audit shall be prescribed by the Controller and shall conform to generally accepted auditing standards.(2) (A) If an audit of a special district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by
the Controller and shall conform to generally accepted auditing standards.
(B) A report of the audit required pursuant to subparagraph (A) shall be filed within 12 months of the end of the fiscal year or years under examination as follows:
(i) For a special district defined in paragraph (2) of subdivision (d) of Section 12463, with the Controller.
(ii) For a special district defined in Section 56036, with the Controller, the county auditor, and the local agency formation commission of the county in which the special district is located, unless the special district is located in two or more counties, then with each local agency formation commission within each county in which the district is located.
(3) Any costs incurred by the county auditor, including contracts with, or employment of, certified public accountants or public accountants, in making an audit of every special district pursuant to this section shall be borne by the special district and shall be a charge against any unencumbered funds of the district available for the purpose.
(4) For a special district that is located in two or more counties, this subdivision shall apply to the auditor of the county in which the treasury is located.
(5) The county controller, or ex officio county controller, shall effect this section in those counties having a county controller or ex officio county controller.
(b) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with one of the following, performed in accordance with professional standards, as determined by the county auditor:
(1) A biennial audit covering a two-year period.
(2) An audit covering a five-year period if the special district’s annual revenues do not exceed an amount specified by the board of supervisors.
(3) An audit conducted at specific intervals, as recommended by the county auditor, that shall be completed at least once every five years.
(c) (1) A special district may, by unanimous request of the governing board of the special district and with unanimous approval of the board of supervisors, replace the annual audit required by this section with a financial review, in accordance with the appropriate professional standards, as determined by the county auditor, if the following conditions are met:
(A) All of the special district’s revenues and expenditures are transacted through the county’s financial system.
(B) The special district’s annual revenues do not exceed one hundred fifty thousand dollars ($150,000).
(2) If the board of supervisors is the governing board of the special district, it may, upon unanimous approval, replace the annual
audit of the special district required by this section with a financial review in accordance with the appropriate professional standards, as determined by the county auditor, if the special district satisfies the requirements of subparagraphs (A) and (B) of paragraph (1).
(d) Notwithstanding this section, a special district shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements.
(e) This section shall become operative on January 1, 2027.
SEC. 11.
Section 27361.3 of the Government Code is amended to read:27361.3.
(a) Notwithstanding any contrary provision of the law, the fee for recording every release of lien, encumbrance, or notice executed by the state, or any municipality, county, city, district, or other political subdivision shall be two times the fee charged to record the first page of a lien, encumbrance, or notice under subdivision (a) of Section 27361, on January 1 of the year the release is recorded if the original lien, encumbrance, or notice was recorded without fee as provided by Section 27383.(b) No fee shall be charged for recording a release of lien, encumbrance, or notice which was recorded in error by the state, or any municipality, county, city, district, or other political subdivision if there is noted on the face of the release of lien, encumbrance, or notice a statement to that effect.
(c) Two dollars ($2) for recording each release of lien pursuant to this section shall be available solely to support, maintain, improve, and provide for the full operation for modernized creation, retention, and retrieval of information in each county’s system of recorded documents.
SEC. 12.
Section 31000.9 of the Government Code is amended to read:31000.9.
(a) In counties containing a population of 6,000,000 or over, the board of supervisors may, by ordinance, authorize county officers having responsibility for the design and construction of county projects to enter into contracts for architectural, engineering, and related services where the amount of the contract does not exceed three hundred thirty thousand dollars ($330,000), and to enter into amendments to those contracts entered into by the board where the amount of any amendment does not exceed 10 percent of the amount of the original contract or three hundred thirty thousand dollars ($330,000), whichever is less. The aggregate total amount of the amendments to an original contract may not exceed 25 percent of the amount of the original contract. Any authorization shall include detailed procedures governing the county officer in the exercise of that authority.(b) Nothing in this section shall be construed to remove the county’s requirement to follow the applicable provisions of the Public Contract Code as it relates to the advertising of public works projects and award of public works contracts.
SEC. 13.
Section 51256.1 of the Government Code, as added by Section 2 of Chapter 994 of the Statutes of 1999, is repealed.SEC. 14.
Section 53051 of the Government Code is amended to read:53051.
(a) Within 70 days after the date of commencement of its legal existence, the governing body of each public agency shall file with the Secretary of State on a form prescribed by the Secretary of State and with the county clerk of each county in which the public agency maintains an office, a statement of all of the following facts:(1) The full, legal name of the public agency.
(2) The official mailing address of the governing body of the public agency.
(3) The name and residence or business address of each member of the
governing body of the public agency.
(4) The name, title, and residence or business address of the chairperson, president, or other presiding officer, and clerk or secretary of the governing body of the public agency.
(b) Within 10 days after any change in the facts required to be stated pursuant to subdivision (a), an amended statement containing the information required by subdivision (a) shall be filed as provided therein. The information submitted to the Secretary of State shall be on a form titled “Registry of Public Agencies,”
prescribed by the Secretary of State.
(c) It shall be the duty of the Secretary of State and of the county clerk of each county to establish and maintain an indexed “Registry of Public Agencies,” to be so designated, which shall contain all information filed as required in subdivisions (a) and (b), which roster is hereby declared to be a public record.
SEC. 15.
Section 65589.4 of the Government Code is amended to read:65589.4.
(a) An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if it satisfies the requirements of subdivision (b) and either of the following:(1) The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2) The attached housing development meets all of the following criteria:
(A) The attached housing development is subject to a discretionary decision other
than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration.
(B) The attached housing development is consistent with both the jurisdiction’s zoning ordinance and general plan as it existed on the date the application was deemed complete, except that an attached housing development shall not be deemed to be inconsistent with the zoning
designation for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site has not been rezoned to conform with the most recent adopted general plan.
(C) The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i) A general plan.
(ii) A revision or update to the general plan that includes at least the land use and circulation elements.
(iii) An applicable community plan.
(iv) An applicable specific plan.
(D) The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units.
(E) The attached housing development is located in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population
of at least 25,000 persons.
(F) The attached housing development is located on an infill site as defined in Section 21061.3 of the Public Resources Code.
(b) At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the attached housing
development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years.
(c) Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete.
(d) The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e) This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code).
(f) This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)).
(g) This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h) For purposes of this section, “attached housing development” means a newly constructed or substantially rehabilitated structure containing
two or more dwelling units and consisting only of residential units, but does not include an accessory dwelling unit, as defined by paragraph (4) of subdivision (i) of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 16.
Section 20145 of the Public Contract Code is amended to read:20145.
(a) In counties containing a population of 6,000,000 or over, the board of supervisors may by ordinance authorize any county officer as is deemed appropriate to take or perform any or all acts or actions permitted or required of the board by this article, including the authority to adopt and advertise plans and specifications, award contracts, approve bonds, or order the change or alteration of contracts, with respect to original contracts which do not exceed the total amount of three hundred thirty thousand dollars ($330,000) or with respect to changes or alterations to original contracts entered into by the board where the changes or alterations do not exceed 10 percent of the amount of the original contract or three hundred thirty thousand dollars ($330,000), whichever is less. The aggregate total amount of those changes or alterations to an original contract may not exceed 25 percent of the amount of the original contract. Any authorization pursuant to this section shall include detailed procedures governing the county officer in the exercise of that authority.(b) Nothing in this section shall be construed to remove the county’s requirement to follow the applicable provisions of the Public Contract Code as it relates to the advertising of public works projects and award of public works contracts.
SEC. 17.
Section 5786.7 of the Public Resources Code is amended to read:5786.7.
Notwithstanding any other provision of law:(a) If a majority of the voters voting on the question at a general district or special district election are in favor, the Parker Dam Recreation and Park District may do all of the following:
(1) Purchase or lease electric power from any public agency or private entity for use within the district’s boundaries.
(2) Acquire water and water rights and do any act necessary to furnish sufficient water for beneficial use within the district’s boundaries.
(3) Sell, dispose of, and distribute water and electric power for use within the district’s boundaries.
(4) Provide street lighting facilities and services.
(b) Provided that the authority to exercise these powers is approved by the local agency formation commission and conforms to Article XIII C of the California Constitution, the Camp Meeker Recreation and Park District may exercise the powers of a county water district pursuant to:
(1) Article 1 (commencing with Section 31000) to Article 9 (commencing with Section 31100), inclusive, of Part 5 of Division 12 of the Water Code.
(2) Part 6 (commencing with Section 31300) of Division 12 of
the Water Code.
(3) Part 7 (commencing with Section 31650) of Division 12 of the Water Code.
(c) The Coachella Valley Recreation and Park District and the Hesperia Recreation and Park District may provide street lighting facilities and services.
(d) The Lucerne Recreation and Park District may exercise any of the powers, functions, and duties of a fire protection district pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code.
(e) Upon approval of the Siskiyou Local Agency Formation Commission pursuant to Section 56824.14 of the Government Code, the Weed
Recreation and Parks District may exercise any of the powers, functions, and duties of a cemetery district pursuant to the Public Cemetery District Law of 2003, Part 4 (commencing
with Section 9000) of Division 8 of the Health and Safety Code.
SEC. 18.
Section 72 of the Revenue and Taxation Code is amended to read:72.
(a) A copy of any building permit issued by any city, county, city and county, or any entity authorized to issue a building permit shall be transmitted by each issuing entity to the county assessor as soon as possible after the date of issuance.(b) A copy of any certificate of occupancy or other document that shows the date of completion of new construction issued or finalized by any city, county, city and county, or any entity authorized to issue a building permit, shall be transmitted by each entity to the county assessor within 30 days after the date of issuance or finalization.
(c) At the time an assessee files, or
causes to be filed, an approved set of building plans with the issuing entity a scale copy of the floor plans and exterior dimensions of the building designated for the county assessor shall be filed by the assessee or the assessee’s designee. The scale copy shall be in sufficient detail to allow the assessor to determine the square footage of the building and, in the case of a residential building, the intended use of each room. The county assessor may require the floor plans be provided to the county assessor in an electronic format, if available. An assessee, or the assessee’s designee, where multiple units are to be constructed from the same set of building plans, may file only one scale copy of floor plans and exterior dimensions, so long as each application for a building permit with respect to those building plans specifically identifies the scale copy filed pursuant to this section. However,
where the square footage of any one of the multiple units is altered, an assessee, or the assessee’s designee, shall file a scale copy of the floor plan and exterior dimensions that specifically identifies the alteration from the previously filed scale copy. The receiving authority shall transmit that copy to the county assessor as soon as possible after the final plans are approved.
(d) The board of supervisors of a county may enact, by a majority vote of its entire membership, an ordinance, resolution, or board order that requires the local agency that approves the tentative map or maps, and any conditions of approval for the tentative map or maps that are filed with a county or a city in that county, to submit a copy of the map or maps, and any conditions of approval for the tentative map or maps, to the county assessor as soon as
possible after the map or maps are filed. The ordinance, resolution, or board order may require that the map or maps be provided to the county assessor in an electronic format, if available in that form.
SEC. 19.
Section 97.70 of the Revenue and Taxation Code is amended to read:97.70.
Notwithstanding any other law, for the 2004–05 fiscal year and for each fiscal year thereafter, all of the following apply:(a) (1) (A) The auditor shall reduce the total amount of ad valorem property tax revenue that is otherwise required to be allocated to a county’s Educational Revenue Augmentation Fund by the countywide vehicle license fee adjustment amount.
(B) If, for the fiscal year, after complying with Section 97.68 there is not enough ad valorem property tax revenue that is otherwise required to be allocated to a county Educational Revenue Augmentation Fund for the auditor to complete the allocation reduction
required by subparagraph (A), the auditor shall
additionally reduce the total amount of ad valorem property tax revenue that is otherwise required to be allocated to all school districts and community college districts in the county for that fiscal year by an amount equal to the difference between the countywide vehicle license fee adjustment amount and the amount of ad valorem property tax revenue that is otherwise required to be allocated to the county Educational Revenue Augmentation Fund for that fiscal year. This reduction for each school district and community college district in the county shall be the percentage share of the total reduction that is equal to the proportion that the total amount of ad valorem property tax revenue that is otherwise required to be allocated to the school district or community college district bears to the total amount of ad valorem property tax revenue that is otherwise required to be allocated to
all school districts and community college districts in a county. For purposes of this subparagraph, “school districts” and “community college districts” do not include any districts that are excess tax school entities, as defined in Section 95.
(2) The countywide vehicle license fee adjustment amount shall be allocated to the Vehicle License Fee Property Tax Compensation Fund that shall be established in the treasury of each county.
(b) (1) The auditor shall allocate moneys in the Vehicle License Fee Property Tax Compensation Fund according to the following:
(A) Each city in the county shall receive its vehicle license fee adjustment amount.
(B) Each county and city and county shall receive its vehicle license fee adjustment amount.
(2) The auditor shall allocate one-half of the amount specified in paragraph (1) on or before January 31 of each fiscal year, and the other one-half on or before May 31 of each fiscal year.
(c) For purposes of this section, all of the following apply:
(1) “Vehicle license fee adjustment amount” for a particular city, county, or a city and county means, subject to an adjustment under paragraph (2) and Section 97.71, all of the following:
(A) For the 2004–05 fiscal year, an amount equal to the difference between the following two amounts:
(i) The estimated total amount of revenue that would have been deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund, including any amounts that would have been certified to the Controller by the auditor of the County of Ventura under subdivision (j) of Section 98.02, as that section read on January 1, 2004, for distribution under the law as it read on January 1, 2004, to the county, city and county, or city for the 2004–05 fiscal year if the fee otherwise due under the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2) was 2 percent of the market value of a vehicle, as specified in Sections 10752 and 10752.1 as those sections read on January 1, 2004.
(ii) The estimated total amount of revenue that is required to be distributed
from the Motor Vehicle License Fee Account in the Transportation Tax Fund to the county, city and county, and each city in the county for the 2004–05 fiscal year under Section 11005, as that section read on the operative date of the act that amended this clause.
(B) (i) Subject to an adjustment under clause (ii), for the
2005–06 fiscal year, the sum of the following two amounts:
(I) The difference between the following two amounts:
(ia) The actual total amount of revenue that would have been deposited to the credit of the Motor Vehicle License Fee Account in the Transportation Tax Fund, including any amounts that would have been certified to the Controller by the auditor of the County of Ventura under subdivision (j) of Section 98.02, as that section read on January 1, 2004, for distribution under the law as it read on January 1, 2004, to the county, city and county, or city for the 2004–05 fiscal year if the fee otherwise due under the Vehicle License Fee Law (Part 5 (commencing with Section 10701) of Division 2) was 2 percent of the market value of a vehicle, as specified in Sections
10752 and 10752.1 as those sections read on January 1, 2004.
(ib) The actual total amount of revenue that was distributed from the Motor Vehicle License Fee Account in the Transportation Tax Fund to the county, city and county, and each city in the county for the 2004–05 fiscal year under Section 11005, as that section read on the operative date of the act that amended this subsubclause.
(II) The product of the following two amounts:
(ia) The amount described in subclause (I).
(ib) The percentage change from the prior fiscal year to the current fiscal year in gross taxable assessed valuation within the jurisdiction of the entity, as reflected in the equalized
assessment roll for those fiscal years. For the first fiscal year for which a change in a city’s jurisdictional boundaries first applies, the percentage change in gross taxable assessed valuation from the
prior fiscal year to the current fiscal year shall be calculated solely on the basis of the city’s previous jurisdictional boundaries, without regard to the change in that city’s jurisdictional boundaries. For each following fiscal year, the percentage change in gross taxable assessed valuation from the prior fiscal year to the current fiscal year shall be calculated on the basis of the city’s current jurisdictional boundaries.
(ii) The amount described in clause (i) shall be adjusted as follows:
(I) If the amount described in subclause (I) of clause (i) for a particular city, county, or city and county is greater than the amount described in subparagraph (A) for that city, county, or city and county, the amount described in clause (i) shall be increased by an
amount equal to this difference.
(II) If the amount described in subclause (I) of clause (i) for a particular city, county, or city and county is less than the amount described in subparagraph (A) for that city, county, or city and county, the amount described in clause (i) shall be decreased by an amount equal to this difference.
(C) For the 2006–07 fiscal year and for each fiscal year thereafter, the sum of the following two amounts:
(i) The vehicle license fee adjustment amount for the prior fiscal year, if Section 97.71 and clause (ii) of subparagraph (B) did not apply for that fiscal year, for that city, county, and city and county.
(ii) The product of the
following two amounts:
(I) The amount described in clause (i).
(II) The percentage change from the prior fiscal year to the current fiscal year in gross taxable assessed valuation within the jurisdiction of the entity, as reflected in the equalized assessment roll for those fiscal years. For the first fiscal year for which a change in a city’s jurisdictional boundaries first applies, the percentage change in gross taxable assessed valuation from the prior fiscal year to the current fiscal year shall be calculated solely on the basis of the city’s previous jurisdictional boundaries, without regard to the change in that city’s jurisdictional boundaries. For each following fiscal year, the percentage change in gross taxable assessed valuation from the prior fiscal year to the current fiscal
year shall be calculated on the basis of the city’s current jurisdictional boundaries.
(2) Notwithstanding paragraph (1), “vehicle license fee adjustment amount,” for a city incorporating after January 1, 2004, and on or before January 1, 2012, means the following:
(A) For the 2017–18 fiscal year, the quotient derived from the following fraction:
(i) The numerator is the product of the following two amounts:
(I) The sum of the most recent vehicle license fee adjustment amounts determined for all cities in the county.
(II) The population of the incorporating city.
(ii) The denominator is the sum of the populations of all cities in the county.
(B) For the 2018–19 fiscal year, and for each fiscal year thereafter, the sum of the following two amounts:
(i) The vehicle license fee adjustment amount for the prior fiscal year.
(ii) The product of the following two amounts:
(I) The amount described in clause (i).
(II) The percentage change from the prior fiscal year to the current fiscal year in gross taxable assessed valuation within the jurisdiction of the entity, as reflected in the equalized assessment roll
for those fiscal years.
(3) For the 2013–14 fiscal year, the vehicle license fee adjustment amount that is determined under subparagraph (C) of paragraph (1) for the County of Orange shall be increased by fifty-three million dollars ($53,000,000). For the 2014–15 fiscal year and each fiscal year thereafter, the calculation of the vehicle license fee adjustment amount for the County of Orange under subparagraph (C) of paragraph (1) shall be based on a prior fiscal year amount that reflects the full amount of this one-time increase of fifty-three million dollars ($53,000,000).
(4) “Countywide vehicle license fee adjustment amount” means, for any fiscal year, the total sum of the amounts described in paragraphs (1), (2), and (3) for a county or city and county, and each city in
the county.
(5) On or before June 30 of each fiscal year, the auditor shall report to the Controller, in an electronic format provided by the Controller, the vehicle license fee adjustment amount for the county and each city in the county for that fiscal year. The Controller shall make the information available to the public in a readily accessible compiled electronic file via the Controller’s internet website on or before September 1 of each year.
(d) For the 2005–06 fiscal year and each fiscal year thereafter, the amounts determined under subdivision (a) of Section 96.1, or any successor to that provision, shall not reflect, for a preceding fiscal year, any portion of any allocation required by this section.
(e) For
purposes of Section 15 of Article XI of the California Constitution, the allocations from a Vehicle License Fee Property Tax Compensation Fund constitute successor taxes that are otherwise required to be allocated to counties and cities, and as successor taxes, the obligation to make those transfers as required by this section shall not be extinguished nor disregarded in any
manner that adversely affects the security of, or the ability of, a county or city to pay the principal and interest on any debts or obligations that were funded or secured by that city’s or county’s allocated share of motor vehicle license fee revenues.
(f) This section shall not be construed to do any of the following:
(1) Reduce any allocations of excess, additional, or remaining funds that would otherwise have been allocated to county superintendents of schools, cities, counties, and cities and counties pursuant to clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Sections 97.2 and 97.3 or Article 4 (commencing with Section 98) had this section not been enacted. The allocations required by this section shall be adjusted to comply with this paragraph.
(2) Require an increased ad valorem property tax revenue allocation or increased tax increment allocation to a community redevelopment agency.
(3) Alter the manner in which ad valorem property tax revenue growth from fiscal year to fiscal year is otherwise determined or allocated in a county.
(4) Reduce ad valorem property tax revenue allocations required under Article 4 (commencing with Section 98).
(g) Tax exchange or revenue sharing agreements, entered into prior to the operative date of this section, between local agencies or between local agencies and nonlocal agencies are deemed to be modified to account for the reduced vehicle license fee revenues resulting
from the act that added this section. These agreements are modified in that these reduced revenues are, in kind and in lieu thereof, replaced with ad valorem property tax revenue from a
Vehicle License Fee Property Tax Compensation Fund or an Educational Revenue Augmentation Fund.
SEC. 20.
Section 31031.5 of the Water Code is repealed.SEC. 21.
(a) The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique limited budgetary circumstances faced by the small County of Siskiyou.(b) The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of the Weed Recreation and Parks District in providing cemetery
district services.
