Bill Text: CA SB780 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
NOYES
such the public agency if, during the 70 days immediately following the accrual of the cause of action, either of the following apply: such that service. Service in this manner, if otherwise made in compliance with law, constitutes personal service upon the public agency. passage. passage; provided, however, that no reading of the title or ordinance shall be required if the title is included on the published agenda and a copy of the full ordinance is made available to the
public on the county’s internet website or in print at the meeting before the introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. This section shall not apply to ordinances which by statute can be passed only after notice and a public hearing. eight dollars ($8) two times the total fee to record the original lien, encumbrance, or notice under Section 27361 as though the original lien, encumbrance, or notice was subject to
recording fees, if the original lien, encumbrance, or notice was recorded without fee as provided by Section 27383 of the Government Code. 27383. seventy-five three hundred thirty thousand dollars ($75,000),
($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 seventy-five three hundred thirty thousand dollars ($75,000), ($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.
Section 53051 of the Government Code is amended to read:
Section 65589.4 of the Government Code is amended to read: such 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 seventy-five three hundred thirty thousand dollars ($75,000),
($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 seventy-five three hundred thirty thousand dollars ($75,000), ($330,000), whichever is less. The aggregate total amount of such 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 such that
authority. or city and county 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.
Section 31031.5 of the Water Code is repealed.
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-Amended.html
|
Amended
IN
Senate
April 11, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 780 |
| Introduced by Committee on Governance and Finance (Senators McGuire (Chair), Beall, Hertzberg, Hurtado, Moorlach, Nielsen, and Wiener) |
February 28, 2019 |
An act to amend Sections 915, 946.4, 960.2, 960.8, 24011, 25131, 25350.51, 26909, 27361.3, 31000.9, 53051, and 65589.4 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 Section 72 of the Revenue and Taxation Code, and to repeal Section 31031.5 of the Water Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 780, as amended, 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 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 the 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.
(5) Existing law requires all county ordinances, except when, after reading the title, further reading is waived by regular motion adopted by a majority vote of the board of supervisors, to be read in full either at the time of introduction or passage.
This bill would specify that no reading of the title or ordinance is required if the title is included on the published agenda and a copy of the full ordinance is made available to the public on the county’s internet website or in print at the
meeting prior to the introduction or passage.
(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 to record the original document as though it was subject to recording fees 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) 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.
(11) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill 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(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 ofAs 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 such that statement or amended statement is on file.
SEC. 6.
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. 7.
Section 25131 of the Government Code is amended to read:25131.
Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by majority vote, all ordinances shall be read in full either at the time of introduction orSEC. 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 seven ten thousand five hundred dollars ($7,500)
($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 seven ten thousand five hundred dollars ($7,500), ($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 seven
ten thousand five hundred dollars ($7,500) ($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 Controller, the county auditor, and with 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 Controller, the county auditor, and with 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 No
(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.
Two
(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(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. 6.SEC. 13.
Section 53051 of the Government Code is amended to read:53051.
(a) Within seventy (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 chairman, 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. 7.SEC. 14.
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. 15.
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(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. 16.
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. 17.
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,(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, or
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 city, county, or city and county, 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 his or her 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 his or her 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 his or her
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. 8.SEC. 18.
Section 31031.5 of the Water Code is repealed.SEC. 19.
(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.
