SB 1498: Local Government Omnibus Act of 2018.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-17
(1)Existing law sets forth various provisions governing cities that reference various officers and employees.
This bill would make these references gender neutral.
(2)Existing law requires the county recorder, upon payment of proper fees and taxes, to accept for recordation any instrument, paper, or notice that is authorized or required to be recorded, as specified.
This bill would revise various references to instruments submitted for recordation to include papers and notices and make other technical corrections.
(3)Existing law authorizes the board of supervisors of a county with a population of 200,000 to authorize the purchasing agent to engage independent contractors to perform services for the county or county officers when the annual aggregate cost does not exceed $100,000, as specified.
This bill would increase that amount to $200,000.
(4)Existing law requires the Controller to report, on an annual basis, certain financial information about selected special districts. Existing law requires the report to contain a breakdown of each special districts fund balance, retained earnings, fixed assets, and cash investments, as specified.
This bill would eliminate the requirement that the report contain specified breakdowns of each special districts fund balance, retained earnings, fixed assets, and cash investments. The bill would require the report to contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements.
(5)The Mello-Roos Community Facilities Act of 1982 authorizes the formation by a local agency of a community facilities district to finance various services. Existing law requires a community facilities district, if requested by a district resident or landowner, to prepare a specified annual report with respect to district expenditures, and to annually provide to the California Debt and Investment Advisory Commission a report of information regarding district bonds. Existing law requires the local agency, if it has an Internet Web site, within 7 months after the last day of each fiscal year of the community services district, to display prominently on its Internet Web site a copy of any requested annual report, a copy of the bond report provided to the California Debt and Investment Advisory Commission, and a copy of the report made to the Controller for purposes of the Controllers report described above.
This bill would authorize a local agency to comply with the requirement to display the report to the commission by providing a link to the Treasurers Internet Web site that contains the specified bond information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(6)Existing law authorizes the legislative body of a city or a county, defined to include a city and county, to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance, as provided. Existing law requires proceedings for the establishment of a district to be instituted by the adoption of a resolution of intention to establish the proposed district, and imposes specified duties on the legislative body with respect to the preparation, proposal, and adoption of an infrastructure financing plan after that resolution of intent is adopted. Existing law requires the legislative body to direct the city clerk or county recorder, as applicable, to mail a copy of the resolution of intention to create the district to each owner of land within the proposed district and each affected taxing entity.
This bill would instead require the legislative body to direct a selected city or county official as applicable, to mail a copy of the notice of intention to landowners. This bill would authorize the legislative body, as an alternative to mailing a copy of the resolution of intention, to direct the selected city or county official, as applicable, to mail a single-page notice of intention to create the district to each owner of land within the proposed district. The bill would require a notice of intention to indicate the physical location or Internet Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection, state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district. This bill would make conforming changes.
Existing law also authorizes an enhanced infrastructure financing district to fund infrastructure projects through tax increment financing, pursuant to the infrastructure financing plan and the agreement of affected taxing entities.
This bill would make technical corrections to that provision that sets forth the division of tax revenues between affected taxing entities and the district.
(7)Existing law requires the legislative body of a local agency, as defined, to provide notice of a new parcel tax to the owner of a parcel affected by the tax, if that owner does not reside within the jurisdictional boundaries of the taxing entity, as specified.
This bill would instead require a local agency, as defined, to provide that notice.
(8)Existing property tax law requires a county assessor to audit the books and records of taxpayers engaged in a profession, trade, or business at least once every 4 years, if locally assessable trade fixtures and business tangible personal property owned, claimed, or possessed by the taxpayer have a full value of at least $400,000. Existing law requires 50% of these audits to be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county, as provided. Existing law requires the remaining 50% of these audits to be selected in a manner that is fair and equitable to all taxpayers, as provided.
This bill would, commencing with the four-year period beginning the 201920 fiscal year, provide an alternative manner for the assessor to satisfy the audit requirements described above in order to allow the assessor some discretion in the number of audits completed each fiscal year, as long as the 4-year total of the significant number of audits are completed within a 4-year period.
(9)The Property and Business Improvement District Law of 1994 authorizes a city council to adopt a resolution establishing a district if, after the required public hearing to establish the proposed district, the city council has not made specified changes to the proposed district assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessment. Existing law requires the resolution establishing the district to contain specified information that is also required to be included in the resolution of formation of the district.
This bill would repeal this provision.
(1)Existing law sets forth various provisions governing cities that reference various officers and employees.
This bill would make these references gender neutral.
(2)Existing law requires the county recorder, upon payment of proper fees and taxes, to accept for recordation any instrument, paper, or notice that is authorized or required to be recorded, as specified.
This bill would revise various references to instruments submitted for recordation to include papers and notices and make other technical corrections.
(3)Existing law authorizes the board of supervisors of a county with a population of 200,000 to authorize the purchasing agent to engage independent contractors to perform services for the county or county officers when the annual aggregate cost does not exceed $100,000, as specified.
This bill would increase that amount to $200,000.
(4)Existing law requires the Controller to report, on an annual basis, certain financial information about selected special districts. Existing law requires the report to contain a breakdown of each special districts fund balance, retained earnings, fixed assets, and cash investments, as specified.
This bill would eliminate the requirement that the report contain specified breakdowns of each special districts fund balance, retained earnings, fixed assets, and cash investments. The bill would require the report to contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements.
(5)The Mello-Roos Community Facilities Act of 1982 authorizes the formation by a local agency of a community facilities district to finance various services. Existing law requires a community facilities district, if requested by a district resident or landowner, to prepare a specified annual report with respect to district expenditures, and to annually provide to the California Debt and Investment Advisory Commission a report of information regarding district bonds. Existing law requires the local agency, if it has an Internet Web site, within 7 months after the last day of each fiscal year of the community services district, to display prominently on its Internet Web site a copy of any requested annual report, a copy of the bond report provided to the California Debt and Investment Advisory Commission, and a copy of the report made to the Controller for purposes of the Controllers report described above.
This bill would authorize a local agency to comply with the requirement to display the report to the commission by providing a link to the Treasurers Internet Web site that contains the specified bond information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(6)Existing law authorizes the legislative body of a city or a county, defined to include a city and county, to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance, as provided. Existing law requires proceedings for the establishment of a district to be instituted by the adoption of a resolution of intention to establish the proposed district, and imposes specified duties on the legislative body with respect to the preparation, proposal, and adoption of an infrastructure financing plan after that resolution of intent is adopted. Existing law requires the legislative body to direct the city clerk or county recorder, as applicable, to mail a copy of the resolution of intention to create the district to each owner of land within the proposed district and each affected taxing entity.
This bill would instead require the legislative body to direct a selected city or county official as applicable, to mail a copy of the notice of intention to landowners. This bill would authorize the legislative body, as an alternative to mailing a copy of the resolution of intention, to direct the selected city or county official, as applicable, to mail a single-page notice of intention to create the district to each owner of land within the proposed district. The bill would require a notice of intention to indicate the physical location or Internet Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection, state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district. This bill would make conforming changes.
Existing law also authorizes an enhanced infrastructure financing district to fund infrastructure projects through tax increment financing, pursuant to the infrastructure financing plan and the agreement of affected taxing entities.
This bill would make technical corrections to that provision that sets forth the division of tax revenues between affected taxing entities and the district.
(7)Existing law requires the legislative body of a local agency, as defined, to provide notice of a new parcel tax to the owner of a parcel affected by the tax, if that owner does not reside within the jurisdictional boundaries of the taxing entity, as specified.
This bill would instead require a local agency, as defined, to provide that notice.
(8)Existing property tax law requires a county assessor to audit the books and records of taxpayers engaged in a profession, trade, or business at least once every 4 years, if locally assessable trade fixtures and business tangible personal property owned, claimed, or possessed by the taxpayer have a full value of at least $400,000. Existing law requires 50% of these audits to be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county, as provided. Existing law requires the remaining 50% of these audits to be selected in a manner that is fair and equitable to all taxpayers, as provided.
This bill would, commencing with the four-year period beginning the 201920 fiscal year, provide an alternative manner for the assessor to satisfy the audit requirements described above in order to allow the assessor some discretion in the number of audits completed each fiscal year, as long as the 4-year total of the significant number of audits are completed within a 4-year period.
(9)The Property and Business Improvement District Law of 1994 authorizes a city council to adopt a resolution establishing a district if, after the required public hearing to establish the proposed district, the city council has not made specified changes to the proposed district assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessment. Existing law requires the resolution establishing the district to contain specified information that is also required to be included in the resolution of formation of the district.
This bill would repeal this provision.
(1)Existing law sets forth various provisions governing cities that reference various officers and employees.
This bill would make these references gender neutral.
(2)Existing law requires the county recorder, upon payment of proper fees and taxes, to accept for recordation any instrument, paper, or notice that is authorized or required to be recorded, as specified.
This bill would revise various references to instruments submitted for recordation to include papers and notices and make other technical corrections.
(3)Existing law authorizes the board of supervisors of a county with a population of 200,000 to authorize the purchasing agent to engage independent contractors to perform services for the county or county officers when the annual aggregate cost does not exceed $100,000, as specified.
This bill would increase that amount to $200,000.
(3)(4)Existing law requires the Controller to report, on an annual basis, certain financial information about selected special districts. Existing law requires the report to contain a breakdown of each special districts fund balance, retained earnings, fixed assets, and cash investments, as specified.
This bill would eliminate the requirement that the report contain specified breakdowns of each special districts fund balance, retained earnings, fixed assets, and cash investments. The bill would require the report to contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements.
(4)Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates or the Legislature. Existing law requires a local agency or school district text claim to be filed not later than 12 months following the effective date of a statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later.This bill would specify that for purposes of filing a test claim based on the date of incurring increased costs, within 12 months means by June 30 of the fiscal year following the fiscal year in which increased costs were first incurred by the test claimant.(5)The Mello-Roos Community Facilities Act of 1982 authorizes the formation by a local agency of a community facilities district to finance various services. Existing law requires a community facilities district, if requested by a district resident or landowner, to prepare a specified annual report with respect to district expenditures, and to annually provide to the California Debt and Investment Advisory Commission a report of information regarding district bonds. Existing law requires the local agency, if it has an Internet Web site, within 7 months after the last day of each fiscal year of the community services district, to display prominently on its Internet Web site a copy of any requested annual report, a copy of the bond report provided to the California Debt and Investment Advisory Commission, and a copy of the report made to the Controller for purposes of the Controllers report described above.
This bill would authorize a local agency to comply with the requirement to display the report to the commission by providing a link to the Treasurers Internet Web site that contains the specified bond information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(6)Existing law authorizes the legislative body of a city or a county, defined to include a city and county, to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance, as provided. Existing law requires proceedings for the establishment of a district to be instituted by the adoption of a resolution of intention to establish the proposed district, and imposes specified duties on the legislative body with respect to the preparation, proposal, and adoption of an infrastructure financing plan after that resolution of intent is adopted. Existing law requires the legislative body to direct the city clerk or county recorder, as applicable, to mail a copy of the resolution of intention to create the district to each owner of land within the proposed district and each affected taxing entity.
This bill would instead require the legislative body to direct a selected city or county official as applicable, to mail a copy of the notice of intention to landowners. This bill would authorize the legislative body, as an alternative to mailing a copy of the resolution of intention, to direct the selected city or county official, as applicable, to mail a single-page notice of intention to create the district to each owner of land within the proposed district. The bill would require a notice of intention to indicate the physical location or Internet Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection, state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district. This bill would make conforming changes.
Existing law also authorizes an enhanced infrastructure financing district to fund infrastructure projects through tax increment financing, pursuant to the infrastructure financing plan and the agreement of affected taxing entities.
This bill would make technical corrections to that provision that sets forth the division of tax revenues between affected taxing entities and the district.
(7)Existing law requires the legislative body of a local agency, as defined, to provide notice of a new parcel tax to the owner of a parcel affected by the tax, if that owner does not reside within the jurisdictional boundaries of the taxing entity, as specified.
This bill would instead require a local agency, as defined, to provide that notice.
(8)Existing property tax law requires a county assessor to audit the books and records of taxpayers engaged in a profession, trade, or business at least once every 4 years, if locally assessable trade fixtures and business tangible personal property owned, claimed, or possessed by the taxpayer have a full value of at least $400,000. Existing law requires 50% of these audits to be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county, as provided. Existing law requires the remaining 50% of these audits to be selected in a manner that is fair and equitable to all taxpayers, as provided.
This bill would, commencing with the four-year period beginning the 201920 fiscal year, provide an alternative manner for the assessor to satisfy the audit requirements described above in order to allow the assessor some discretion in the number of audits completed each fiscal year, as long as the 4-year total of the significant number of audits are completed within a 4-year period.
(9)The Property and Business Improvement District Law of 1994 authorizes a city council to adopt a resolution establishing a district if, after the required public hearing to establish the proposed district, the city council has not made specified changes to the proposed district assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessment. Existing law requires the resolution establishing the district to contain specified information that is also required to be included in the resolution of formation of the district.
This bill would repeal this provision.
(1)Existing law sets forth various provisions governing cities that reference various officers and employees.
This bill would make these references gender neutral.
(2)Existing law requires the county recorder, upon payment of proper fees and taxes, to accept for recordation any instrument, paper, or notice that is authorized or required to be recorded, as specified.
This bill would revise various references to instruments submitted for recordation to include papers and notices and make other technical corrections.
(3)Existing law authorizes the board of supervisors of a county with a population of 200,000 to authorize the purchasing agent to engage independent contractors to perform services for the county or county officers when the annual aggregate cost does not exceed $100,000, as specified.
This bill would increase that amount to $200,000.
(2)(3)Existing law requires the Controller to report, on an annual basis, certain financial information about selected special districts. Existing law requires the report to contain a breakdown of each special districts fund balance, retained earnings, fixed assets, and cash investments, as specified.
This bill would eliminate the requirement that the report contain specified breakdowns of each special districts fund balance, retained earnings, fixed assets, and cash investments. The bill would require the report to contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements.
(3)(4)Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates or the Legislature. Existing law requires a local agency or school district text claim to be filed not later than 12 months following the effective date of a statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later.
This bill would specify that for purposes of filing a test claim based on the date of incurring increased costs, within 12 months means by June 30 of the fiscal year following the fiscal year in which increased costs were first incurred by the test claimant.
(4)(5)The Mello-Roos Community Facilities Act of 1982 authorizes the formation by a local agency of a community facilities district to finance various services. Existing law requires a community facilities district, if requested by a district resident or landowner, to prepare a specified annual report with respect to district expenditures, and to annually provide to the California Debt and Investment Advisory Commission a report of information regarding district bonds. Existing law requires the local agency, if it has an Internet Web site, within 7 months after the last day of each fiscal year of the community services district, to display prominently on its Internet Web site a copy of any requested annual report, a copy of the bond report provided to the California Debt and Investment Advisory Commission, and a copy of the report made to the Controller for purposes of the Controllers report described above.
This bill would authorize a local agency to comply with the requirement to display the report to the commission by providing a link to the Treasurers Internet Web site that contains the specified bond information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(5)(6)Existing law authorizes the legislative body of a city or a county, defined to include a city and county, to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of community wide communitywide significance, as provided. Existing law requires proceedings for the establishment of a district to be instituted by the adoption of a resolution of intention to establish the proposed district, and imposes specified duties on the legislative body with respect to the preparation, proposal, and adoption of an infrastructure financing plan after that resolution of intent is adopted. Existing law requires the legislative body to direct the city clerk or county recorder, as applicable, to mail a copy of the resolution of intention to create the district to each owner of land within the proposed district. district and each affected taxing entity.
This bill would instead require the legislative body to direct a selected city or county official as applicable, to mail a copy of the notice of intention to landowners. This bill would authorize the legislative body, as an alternative to mailing a copy of the resolution of intention, to direct the selected city clerk or county recorder, or county official, as applicable, to mail a single-page notice of intention to create the district to each owner of land within the proposed district. The bill would require a notice of intention to indicate the physical location or Internet Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection, state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district. This bill would make conforming changes.
Existing law also authorizes an enhanced infrastructure financing district to fund infrastructure projects through tax increment financing, pursuant to the infrastructure financing plan and the agreement of affected taxing entities.
This bill would make technical corrections to that provision that sets forth the division of tax revenues between affected taxing entities and the district.
(7)Existing law requires the legislative body of a local agency, as defined, to provide notice of a new parcel tax to the owner of a parcel affected by the tax, if that owner does not reside within the jurisdictional boundaries of the taxing entity, as specified.
This bill would instead require a local agency, as defined, to provide that notice.
(6)(8)Existing property tax law requires a county assessor to audit the books and records of taxpayers engaged in a profession, trade, or business at least once every 4 years, if locally assessable trade fixtures and business tangible personal property owned, claimed, or possessed by the taxpayer have a full value of at least $400,000. Existing law requires 50% of these audits to be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county, as provided. Existing law requires the remaining 50% of these audits to be selected in a manner that is fair and equitable to all taxpayers, as provided.
This bill would would, commencing with the four-year period beginning the 201920 fiscal year, provide an alternative manner for the assessor to satisfy the audit requirements described above in order to allow the assessor some discretion in the number of audits completed each fiscal year, as long as the 4-year total of the significant number of audits in each category are completed within a 4-year period.
(7)(9)The Property and Business Improvement District Law of 1994 authorizes a city council to adopt a resolution establishing a district if, after the required public hearing to establish the proposed district, the city council has not made specified changes to the proposed district assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessment. Existing law requires the resolution establishing the district to contain specified information that is also required to be included in the resolution of formation of the district.
This bill would repeal this provision.
(1)Existing law sets forth various provisions governing cities that reference various officers and employees.
This bill would make these references gender neutral.
(2)Existing law requires the Controller to report, on an annual basis, certain financial information about selected special districts. Existing law requires the report to contain a breakdown of each special districts fund balance, retained earnings, fixed assets, and cash investments, as specified.
This bill would eliminate the requirement that the report contain specified breakdowns of each special districts fund balance, retained earnings, fixed assets, and cash investments. The bill would require the report to contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements.
(3)Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law establishes a procedure for local governmental agencies to file claims for reimbursement of these costs with the Commission on State Mandates or the Legislature. Existing law requires a local agency or school district text claim to be filed not later than 12 months following the effective date of a statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later.
This bill would specify that for purposes of filing a test claim based on the date of incurring increased costs, within 12 months means by June 30 of the fiscal year following the fiscal year in which increased costs were first incurred by the test claimant.
(4)The Mello-Roos Community Facilities Act of 1982 authorizes the formation by a local agency of a community facilities district to finance various services. Existing law requires a community facilities district, if requested by a district resident or landowner, to prepare a specified annual report with respect to district expenditures, and to annually provide to the California Debt and Investment Advisory Commission a report of information regarding district bonds. Existing law requires the local agency, if it has an Internet Web site, within 7 months after the last day of each fiscal year of the community services district, to display prominently on its Internet Web site a copy of any requested annual report, a copy of the bond report provided to the California Debt and Investment Advisory Commission, and a copy of the report made to the Controller for purposes of the Controllers report described above.
This bill would authorize a local agency to comply with the requirement to display the report to the commission by providing a link to the Treasurers Internet Web site that contains the specified bond information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(5)Existing law authorizes the legislative body of a city or a county, defined to include a city and county, to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of community wide significance, as provided. Existing law requires proceedings for the establishment of a district to be instituted by the adoption of a resolution of intention to establish the proposed district, and imposes specified duties on the legislative body with respect to the preparation, proposal, and adoption of an infrastructure financing plan after that resolution of intent is adopted. Existing law requires the legislative body to direct the city clerk or county recorder, as applicable, to mail a copy of the resolution of intention to create the district to each owner of land within the proposed district.
This bill would authorize the legislative body, as an alternative to mailing a copy of the resolution of intention, to direct the city clerk or county recorder, as applicable, to mail a single-page notice of intention to create the district to each owner of land within the proposed district. The bill would require a notice of intention to indicate the physical location or Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection, state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district.
Existing law also authorizes an enhanced infrastructure financing district to fund infrastructure projects through tax increment financing, pursuant to the infrastructure financing plan and the agreement of affected taxing entities.
This bill would make technical corrections to that provision that sets forth the division of tax revenues between affected taxing entities and the district.
(6)Existing property tax law requires a county assessor to audit the books and records of taxpayers engaged in a profession, trade, or business at least once every 4 years, if locally assessable trade fixtures and business tangible personal property owned, claimed, or possessed by the taxpayer have a full value of at least $400,000. Existing law requires 50% of these audits to be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county, as provided. Existing law requires the remaining 50% of these audits to be selected in a manner that is fair and equitable to all taxpayers, as provided.
This bill would provide an alternative manner for the assessor to satisfy the audit requirements described above in order to allow the assessor some discretion in the number of audits completed each fiscal year, as long as the 4-year total number of audits in each category are completed within a 4-year period.
(7)The Property and Business Improvement District Law of 1994 authorizes a city council to adopt a resolution establishing a district if, after the required public hearing to establish the proposed district, the city council has not made specified changes to the proposed district assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessment. Existing law requires the resolution establishing the district to contain specified information that is also required to be included in the resolution of formation of the district.
This bill would repeal this provision.
Existing law sets forth various provisions governing cities that reference various officers and employees.
This bill would make these references gender neutral.
(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2018.
(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 12463.1 of the Government Code is amended to read:12463.1.(a)The Controller shall appoint an advisory committee consisting of seven local governmental officers to assist him or her in developing complete and adequate records.
(b)Whenever, in the opinion of the advisory committee and the Controller, the public welfare demands that the reports of the financial transactions of a district other than a school district be published, the Controller shall notify the district that reports of its financial transactions are required to be furnished to him or her pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5. A public entity, agency, board, transportation planning agency designated by the Secretary of Transportation pursuant to Section 29532, or commission provided for by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, and a nonprofit corporation as defined in subdivision (d), shall be deemed a district within the meaning of this section. The Controller shall compile and publish these reports pursuant to Section 12463.
(c)The Controller shall make available annually, in a separate report, published in an electronic format on the Controllers Internet Web site, certain financial information about selected special districts. The information provided in this report shall be published no later than June 30 following the end of the annual reporting period and contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements. This report may be included whenever the Controller publishes a report pursuant to this section. The Controller shall include in his or her report information that best illustrates the assets, liabilities, and equity of selected districts. The Controller may also include separate line items for total revenues and total expenditures. This report shall cover the 250 special districts with the largest total revenues for that reporting period. When the report is available, the Controller shall notify the Legislature, in writing, within one week of its publication.
(d)For purposes of this section, nonprofit corporation means any nonprofit corporation (1) formed in accordance with the provisions of a joint powers agreement to carry out functions specified in the agreement; (2) that issued bonds, the interest on which is exempt from federal income taxes, for the purpose of purchasing land as a site for, or purchasing or constructing, a building, stadium, or other facility, that is subject to a lease or agreement with a local public entity; or (3) wholly owned by a public agency.
SEC. 3.Section 25502.5 of the Government Code is amended to read:25502.5.(a)In counties having a population of 200,000 or more, the board of supervisors may authorize the purchasing agent to engage independent contractors to perform services for the county or county officers, with or without the furnishing of material, when the annual aggregate cost does not exceed two hundred thousand dollars ($200,000).
(b)The board of supervisors may establish rules and regulations to effectuate the purposes of this section.
SEC. 4.Section 27230 of the Government Code is amended to read:27230.The recorder shall procure any books for records as the business of the recorders office requires, but orders for the books shall first be obtained from the board of supervisors. The books used may contain printed forms of deeds, mortgages, or other instruments, papers, or notices of general use.
SEC. 5.Section 27263 of the Government Code is amended to read:27263.When a conveyance is executed by a sheriff or marshal, the name of the sheriff or marshal and the party charged in the execution shall both be inserted in the index. When an instrument, paper, or notice is recorded to which an executor, administrator, or trustee is a party, the name of the executor, administrator, or trustee and the name of the testator, or intestate, or party for whom the trust is held, shall be inserted in the index. The recorder need not index the name of the trustee in a deed of trust or in a partial or full deed of reconveyance. A trustees deed given upon exercise of the power of sale under any deed of trust shall be indexed under the names of the original trustor and the grantee named therein.
SEC. 6.Section 27293 of the Government Code is amended to read:27293.(a)(1)Except as otherwise provided in subdivision (b), if an instrument, paper, or notice intended for record is executed or certified in whole or in part in a language other than English, the recorder shall not accept the instrument, paper, or notice for record.
(2)(A)A translation in English of an instrument, paper, or notice executed or certified in whole or in part in a language other than English may be presented to the county clerk for verification that the translation was performed by a certified or registered court interpreter, as described in Section 68561, or by an accredited translator registered with the American Translators Association. The translation shall be accompanied by a notarized declaration by the interpreter or translator that the translation is true and accurate, and includes the certification, qualification, or registration of the interpreter or translator. The clerk shall consult an Internet Web site maintained by the Judicial Council or the American Translators Association in verifying the certification, qualification, or registration of the interpreter or translator.
(B)Upon verification that the translation was performed by an interpreter or translator described in subparagraph (A), and that the translation is accompanied by a notarized declaration as required pursuant to subparagraph (A), the clerk shall duly make certification of that verification under seal of the county, attach the certification to the translation, and attach the certified translation to the original instrument, paper, or notice.
(C)For this verification and certification, a fee of ten dollars ($10) shall be paid to the county clerk for each document submitted for certification. The attached original instrument, paper, or notice and certified translation may be presented to the recorder, and, upon payment of the usual fees, the recorder shall accept and permanently file the instrument, paper, or notice and record the certified translation. The recording of the certified translation gives notice and is of the same effect as the recording of an original instrument, paper, or notice. Certified copies of the recorded translation may be recorded in other counties, with the same effect as the recording of the original translation, provided, however, that in those counties where a photostatic or photographic method of recording is employed, the whole instrument, paper, or notice including the foreign language and the translation, may be recorded, and the original instrument, paper, or notice returned to the party leaving it for record or upon his or her order.
(b)The provisions of subdivision (a) do not apply to any instrument, paper, or notice offered for record that contains provisions in English and a translation of the English provisions in a language other than English, provided that the English provisions and the translation thereof are specifically set forth in state or federal law.
(c)The county clerk is not required to issue a translation certificate if he or she is unable to confirm the certification, registration, or accreditation of the translator, as required in subdivision (a).
SEC. 7.Section 27294 of the Government Code is amended to read:27294.In all cases the recorder shall endorse the amount of the fee for recordation on the instrument, paper, or notice recorded.
SEC. 8.Section 27320 of the Government Code is amended to read:27320.When any instrument, paper, or notice authorized by law to be recorded is deposited in the recorders office for record, the recorder shall endorse upon it in the order in which it is deposited, the year, month, day, hour, and minute of its reception, and the amount of fees for recording. The recorder shall record it without delay, together with the acknowledgements, proofs, certificates, and prior recording data written upon or annexed to it, with the plats, surveys, schedules, and other papers thereto annexed, and shall note on the record its identification number. Efforts shall be made to assign identification numbers sequentially, but an assignment of a nonsequential number may be made if not in violation of express recording instructions regarding a group of concurrently recorded instruments, papers, or notices and if, in the discretion of the county recorder, that assignment best serves the interest of expeditious recording.
SEC. 9.Section 27321 of the Government Code is amended to read:27321.(a)The recorder shall endorse upon each instrument, paper, or notice the identification number or book and page where it is recorded, and shall thereafter mail it to the person named in the instrument, paper, or notice for return mail, or deliver it to the party presenting it for record.
(b)Where any recorded instrument, paper, or notice effectuating a change in ownership is not accompanied by a change in ownership statement, the recorder shall either include with the return of any recorded instrument, paper, or notice a change in ownership statement as provided in Section 480 of the Revenue and Taxation Code or specifically identify those recorded documents not accompanied by an ownership statement when providing the assessor with a copy of the transfer of ownership document pursuant to Section 255.7 of the Revenue and Taxation Code.
SEC. 10.Section 27322.3 of the Government Code is amended to read:27322.3.If the recorded instruments, papers, or notices or the record books in the office of the recorder have been microfilmed for preservation purposes, a type of record book may be used that will permit the removal of leaves in order that reproduction may be made in an efficient manner.
In order to microfilm or otherwise reproduce the record books for preservation purposes, permanently bound record books may be disassembled and after they have been copied the books shall be rebound in a type of record book that will permit the removal of leaves in order that reproduction may be made in an efficient manner.
SEC. 11.Section 27323 of the Government Code is amended to read:27323.The recorder may segregate the instruments, papers, and notices and record them in separate books, or sheets or rolls of film under titles of indices provided for in Article 2 of this chapter.
In lieu thereof the recorder may record any or all of the instruments, papers, or notices in one general series of books or film to be called official records. The series shall be numbered consecutively beginning with number one. The recording of instruments, papers, or notices in official records imparts notice in like manner and effect as if the instruments, papers, or notices were recorded in separate books or film.
If a system of microphotography is used to record any instruments, papers, or notices, each original roll of film thereof kept by the recorder shall be given a separate number, and shall be called a book, film, reel, or shall be similarly designated, and each page of the instrument, paper, or notice shall be called a page, image or similar designation. Whenever under any law it is required that an instrument, paper, or notice be identified or referred to as recorded in a book or page or both, it shall be sufficient for purposes of identification and of compliance with that law that reference be made to the instrument, paper, or notice by the designations adopted by the recorder pursuant to the provisions of this section.
SEC. 12.Section 27327 of the Government Code is amended to read:27327.Any instrument, paper, or notice filed for record in the office of the county recorder of the county where it is entitled to record and that is copied into a book of record other than that designated by law, but that is thereafter indexed in the proper book of indices, imparts notice of its contents to all persons from the date of indexing, and any subsequent purchaser, mortgagee, lien holder, and encumbrancer purchases and takes with the same notice and effect as if the instrument, paper, or notice were copied or recorded in the proper book of record.
SEC. 13.Section 27329 of the Government Code is amended to read:27329.(a)If any record of an instrument, paper, or notice is lost, injured, or destroyed by conflagration or other public calamity, the recorder shall record any instrument, paper, or notice of writing entitled to record pursuant to this chapter that:
(1)Has been previously recorded in the recorders office.
(2)When it is presented to the recorder for record and is duly certified by the recorder of any other county of this state as being of record in the recorders office.
(b)In recording the instrument, paper, or notice the recorder shall record all certificates attached thereto and all endorsements thereon, and if any of the certificates or endorsements show the previous recording in the county where the instrument, paper, or notice or the certified copy of the instrument, paper, or notice is presented for record, the date appearing in the certificate or endorsement of the record shall be taken as the date of recording in the county, where the instrument, paper, or notice or the certified copy of the instrument, paper, or notice is presented for record. The record and certified copy, duly certified by the recorder under the seal of office, may be introduced in evidence with the same force and effect as the original record or certified copy of the original record.
(c)The recorder shall receive the same fees for services pursuant to this section as the recorder is entitled to receive for recording instruments, papers, or notices of like character.
SEC. 14.Section 27397 of the Government Code is amended to read:27397.(a)A county establishing an electronic recording delivery system pursuant to this article shall pay for the direct cost of regulation and oversight by the Attorney General.
(b)The Attorney General may charge a fee directly to a vendor seeking approval of software and other services as part of an electronic recording delivery system. The fee shall not exceed the reasonable costs of approving software or other services for vendors.
(c)In order to pay costs under this section, a county may do any of the following:
(1)Impose a fee in an amount up to and including one dollar ($1) for each instrument, paper, or notice that is recorded by the county. This fee may, at the countys discretion, be limited to instruments, papers, or notices that are recorded pursuant to the electronic recording delivery system.
(2)Impose a fee upon any vendor seeking approval of software and other services as part of an electronic recording delivery system.
(3)Impose a fee upon any person seeking to contract as an authorized submitter.
(d)The total fees assessed by a county recorder pursuant to this section may not exceed the reasonable total costs of the electronic recording delivery system, the review and approval of vendors and potential authorized submitters, security testing as required by this article and the regulations of the Attorney General, and reimbursement to the Attorney General for regulation and oversight of the electronic recording delivery system.
(e)Fees paid to the Attorney General pursuant to subdivisions (a) and (b) shall be deposited in the Electronic Recording Authorization Fund which is hereby created in the State Treasury, and, notwithstanding Section 13340, is continuously appropriated, without regard to fiscal years, to the Attorney General for the costs described in those subdivisions. Moneys deposited in the Electronic Recording Authorization Account prior to the effective date of the amendments to this subdivision made during the 2015 Regular Session shall be immediately transferred to the Electronic Recording Authorization Fund.
SEC. 15.Section 34090 of the Government Code is amended to read:34090.Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book, or paper, under the department heads charge, without making a copy thereof, after the same is no longer required.
This section does not authorize the destruction of:
(a)Records affecting the title to real property or liens thereon.
(b)Court records.
(c)Records required to be kept by statute.
(d)Records less than two years old.
(e)The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.
This section shall not be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books, and papers in accordance with the procedure therein prescribed.
SEC. 16.Section 34093 of the Government Code is amended to read:34093.As used in this section, petition means any petition prescribed, by statute or city charter, as a necessary prerequisite to the institution of proceedings by the city, and includes, but is not limited to, initiative petitions, referendum petitions, recall petitions, petitions pertaining to the annexation of territory to a city, the consolidation of cities, or the dissolution of a city, and petitions to institute proceedings under an improvement act.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who, circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition, willfully misrepresents or willfully makes any false statement concerning the contents, purport, or effect of the petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for a signature.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names.
SEC. 17.Section 34852 of the Government Code is amended to read:34852.The ordinance shall define the powers and duties of the city manager and may fix the city managers compensation or the minimum amount the city manager is to receive.
SEC. 18.Section 34855 of the Government Code is amended to read:34855.Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the time of appointment.
SEC. 19.Section 34857 of the Government Code is amended to read:34857.Upon appointment of the city manager, the terms of subordinate officers over whom the city manager has power of appointment and removal cease, unless they are reappointed.
SEC. 20.Section 36522 of the Government Code is amended to read:36522.Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner prescribed by ordinance for the benefit of the funds to which it belongs. The officer or employee shall report any deposits to, and settle with, the city clerk, or director of finance if that office has been established by ordinance, on the first Monday in each month or at shorter intervals as are prescribed by ordinance.
SEC. 21.Section 36802 of the Government Code is amended to read:36802.The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor.
SEC. 22.Section 37107 of the Government Code is amended to read:37107.The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear, commanding the sheriff to attach the person, and forthwith bring the person before the judge.
SEC. 23.Section 37547 of the Government Code is amended to read:37547.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 24.Section 37607 of the Government Code is amended to read:37607.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 25.Section 37683 of the Government Code is amended to read:37683.The legislative body shall appoint the city clerk or a competent resident of the city to administer the fund. The person appointed shall execute an official bond in the amount prescribed by the legislative body and shall receive one dollar ($1) annually for each plot cared for, to be paid only from the income of the fund.
SEC. 26.Section 38400 of the Government Code is amended to read:38400.As used in this article, original dedicator includes any person, or that persons successors and assigns, who has dedicated any land in the city for use as a public park.
SEC. 27.Section 38406 of the Government Code is amended to read:38406.At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting. Failure of an interested person to protest is conclusive evidence that the person consents to the abandonment.
SEC. 28.Section 38741 of the Government Code is amended to read:38741.Before a resolution or ordinance relating to the joint acquisition of a water supply is binding upon a city, it shall be approved by the mayor or passed over the mayors veto pursuant to the charter provision or general law for the passage of ordinances.
SEC. 29.Section 38780 of the Government Code is amended to read:38780.A city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or the owners authorized agent shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classifications of the property.
SEC. 30.Section 38782 of the Government Code is amended to read:38782.The ordinance may require payment of a reasonable fee by the owner, or the owners authorized agent, for the issuance of the reports.
SEC. 31.Section 39501 of the Government Code is amended to read:39501.The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks. If the person compelled by the legislative body defaults, after notice prescribed by the legislative body, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growths at that persons expense by a city officer. The legislative body may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds.
SEC. 32.Section 39560 of the Government Code is amended to read:39560.(a)Superintendent means street superintendent, the superintendents assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent.
(b)Weeds means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.
(c)Street includes public street, alley, lane, court, or other place.
(d)In front of which the nuisance exists includes to the rear of or abutting the property upon which the nuisance exists.
SEC. 33.Section 39564 of the Government Code is amended to read:39564.After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The superintendent shall post:
(a)One notice to each separately owned parcel of property of not over fifty feet frontage.
(b)Not more than two notices to any parcel of one hundred feet frontage or less.
(c)Notices at not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet.
SEC. 34.Section 39573 of the Government Code is amended to read:39573.Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owners own expense. Nevertheless, in any case in which an order to abate is issued, the legislative body by motion or resolution may further order that a special assessment and lien be imposed pursuant to Section 39577. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, and other related costs.
SEC. 35.Section 39574 of the Government Code is amended to read:39574.The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work. The superintendent shall submit to the legislative body for confirmation an itemized written report showing the cost of the abatement.
SEC. 36.Section 39901 of the Government Code is amended to read:39901.A city whose limits include or bound upon a harbor, bay, estuary, or other navigable body of water may:
(a)Establish, acquire, construct, improve, and maintain in, upon, and along the body of water, piers, docks, wharves, bulkheads, quays, and other necessary works.
(b)Construct, improve, dredge, deepen, or straighten, channels, turning basins, canals, slips, and waterways to, from, and along such works and connecting with any other navigable water within or without the city limits.
(c)Do any thing necessary or convenient to the establishment, improvement, conduct, and maintenance of a harbor, and in furtherance of commerce and navigation.
This section does not affect or limit a persons use and enjoyment of property rights, nor grant a city the right to destroy, injure, impair, or interfere with any private or quasi-public property or property rights, leasehold, or otherwise, or to the use and enjoyment of the property.
SEC. 37.Section 40537 of the Government Code is amended to read:40537.Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be taken before the clerk, any member of the commission, or any officer authorized by law to administer oaths.
SEC. 38.Section 40538 of the Government Code is amended to read:40538.The bond of the treasurer of the local agency shall cover the treasurers duties as ex officio treasurer of the authority.
SEC. 39.Section 40539 of the Government Code is amended to read:40539.If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment.
SEC. 40.Section 40603 of the Government Code is amended to read:40603.The mayor may administer oaths and affirmations, take affidavits, and certify them.
SEC. 41.Section 40604 of the Government Code is amended to read:40604.The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged.
SEC. 42.Section 40804 of the Government Code is amended to read:40804.The city clerk shall cause a summary of the citys financial report required by Section 53891, in a form prescribed by the Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code. If there is no newspaper, the city clerk shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices.
SEC. 43.Section 40806 of the Government Code is amended to read:40806.The city clerk shall keep a book marked ordinances and record in it all city ordinances with a certificate annexed to each, stating:
(a)It is a true and correct copy of a city ordinance.
(b)The ordinance number.
(c)It has been published or posted pursuant to law.
SEC. 44.Section 40812 of the Government Code is amended to read:40812.The city clerk shall perform any additional duties as are prescribed by ordinance.
SEC. 45.Section 40813 of the Government Code is amended to read:40813.The city clerk may appoint deputies, for whose acts the city clerk and the city clerks bondspersons are responsible. The deputies shall hold office at the pleasure of the city clerk and receive the compensation as provided by the legislative body.
SEC. 46.Section 40814 of the Government Code is amended to read:40814.The city clerk and the city clerks deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before a city clerk and the city clerks deputies within the city in which they were elected or appointed.
SEC. 47.Section 41204 of the Government Code is amended to read:41204.The assessor shall verify the list with an oath and deposit it with the city clerk on or before July 1st.
SEC. 48.Section 41205 of the Government Code is amended to read:41205.The assessor and the assessors deputies may administer oaths and affirmations necessary in the performance of their duties.
SEC. 49.Section 41602 of the Government Code is amended to read:41602.The chief of polices lawful orders shall be promptly executed by deputies, police officers, and watchpersons in the city. Every citizen shall also lend aid when required for the arrest of offenders and maintenance of public order.
SEC. 50.Section 41603 of the Government Code is amended to read:41603.The chief of police shall execute and return all process issued and directed to the chief of police by legal authority.
SEC. 51.Section 41605 of the Government Code is amended to read:41605.The chief of police has charge of the prisoners and of any city jail established by the legislative body.
SEC. 52.Section 41608 of the Government Code is amended to read:41608.The chief of police shall keep a detailed and up-to-date record of all fees for service of process or other money collected by the police department or paid to the chief of police in his or her official capacity. The record shall be open for public inspection during office hours.
SEC. 53.Section 41609 of the Government Code is amended to read:41609.The chief of police shall immediately deposit with the city treasurer all money collected by the police department as required by ordinance.
SEC. 54.Section 41610 of the Government Code is amended to read:41610.At least once a month, the chief of police shall file with the city clerk a detailed statement of all money handled in an official capacity during the preceding month.
SEC. 55.Section 41611 of the Government Code is amended to read:41611.The chief of police shall perform any other services required by general law and the city ordinances.
SEC. 56.Section 41803.7 of the Government Code is amended to read:41803.7.Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, the city attorney shall have the power to issue subpoenas in a like manner as the district attorney.
SEC. 57.Section 43625 of the Government Code is amended to read:43625.All signatures and countersignatures except that of the clerk or the clerks deputy may be printed, lithographed, or engraved.
SEC. 58.Section 43626 of the Government Code is amended to read:43626.If any officer whose signature or countersignature appears on bonds or coupons ceases to be an officer before delivery of the bonds, that officers signature is as effective as if the officer had remained in office.
SEC. 59.Section 53343.2 of the Government Code is amended to read:53343.2.A local agency that has an Internet Web site, within seven months after the last day of each fiscal year of the district, shall display prominently on its Internet Web site all of the following information:
(a)A copy of an annual report for that fiscal year if requested pursuant to Section 53343.1.
(b)A copy of the report provided to the California Debt and Investment Advisory Commission pursuant to Section 53359.5. A local agency may comply with this subdivision by providing a link to the Treasurers Internet Web site that contains the specified information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(c)A copy of the report provided to the Controllers office pursuant to Section 12463.2.
SEC. 60.Section 53398.60 of the Government Code is amended to read:53398.60.(a)The legislative body shall direct the city official or county official, as applicable, selected by the legislative body, to mail a copy of the resolution of intention to create the district to each owner of land within the district.
(b)As an alternative to mailing a copy of the resolution of intention pursuant to subdivision (a), the legislative body may direct the city official or county official, as applicable, selected by the legislative body, to mail a single-page notice of intention to create the district to each owner of land within the district. For purposes of this section, the notice of intention shall indicate the physical location or Internet Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection. The notice of intention shall also state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district.
SEC. 61.Section 53398.61 of the Government Code is amended to read:53398.61.The legislative body shall direct the city official or county official, as applicable, selected by the legislative body, to mail a copy of the resolution to each affected taxing entity.
SEC. 62.Section 53398.75 of the Government Code is amended to read:53398.75.(a)Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the enhanced infrastructure financing district each year by or for the benefit of the State of California, or any affected taxing entity after the effective date of the resolution adopted pursuant to Section 53398.69 to create the district, shall be divided, subject to the provisions of Section 53993, as follows:
(1)That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of the affected taxing entities upon the total sum of the assessed value of the taxable property in the district as shown upon the assessment roll used in connection with the taxation of the property by the affected taxing entity, last equalized prior to the effective date of the resolution adopted pursuant to Section 53398.69 to create the district, shall be allocated to, and when collected shall be paid to, the respective affected taxing entities as taxes by or for the affected taxing entities on all other property are paid.
(2)That portion of the levied taxes each year specified in the adopted infrastructure financing plan for the city or county and each affected taxing entity that has agreed to participate pursuant to Section 53398.68 in excess of the amount specified in paragraph (1) shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes of the district. Unless and until the total assessed valuation of the taxable property in a district exceeds the total assessed value of the taxable property in the district as shown by the last equalized assessment roll referred to in paragraph (1), all of the taxes levied and collected upon the taxable property in the district shall be paid to the respective affected taxing entities. When the district ceases to exist pursuant to the adopted infrastructure financing plan, all moneys thereafter received from taxes upon the taxable property in the district shall be paid to the respective affected taxing entities as taxes on all other property are paid.
(b)Notwithstanding subdivision (a), where any district boundaries overlap with the boundaries of any former redevelopment project area, any debt or obligation of a district shall be subordinate to any and all enforceable obligations of the former redevelopment agency, as approved by the Oversight Board and the Department of Finance. For the purposes of this chapter, the division of taxes allocated to the district pursuant to subdivision (a) of this section or of subdivision (b) of Section 53396 shall not include any taxes required to be deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund created pursuant to subdivision (b) of Section 34170.5 of the Health and Safety Code.
(c)The legislative body of the city or county forming the district may choose to dedicate any portion of its net available revenue to the district through the financing plan described in Section 53398.63.
(d)For the purposes of this section, net available revenue means periodic distributions to the city or county from the Redevelopment Property Tax Trust Fund, created pursuant to Section 34170.5 of the Health and Safety Code, that are available to the city or county after all preexisting legal commitments and statutory obligations funded from that revenue are made pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. Net available revenue shall not include any funds deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund or funds remaining in the Redevelopment Property Tax Trust Fund prior to distribution. Net available revenues shall not include any moneys payable to a school district that maintains kindergarten and grades 1 to 12, inclusive, community college districts, county office of education, or to the Educational Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183 of the Health and Safety Code.
(e)(1)That portion of any ad valorem property tax revenue annually allocated to a city or county pursuant to Section 97.70 of the Revenue and Taxation Code that is specified in the adopted infrastructure financing plan for the city or county that has agreed to participate pursuant to Section 53398.68, and that corresponds to the increase in the assessed valuation of taxable property shall be allocated to, and, when collected, shall be apportioned to, a special fund of the district for all lawful purposes of the district.
(2)When the district ceases to exist pursuant to the adopted infrastructure financing plan, the revenues described in this subdivision shall be allocated to, and, when collected, shall be apportioned to, the respective city or county.
(f)This section shall not be construed to prevent a district from utilizing revenues from any of the following sources to support its activities provided that the applicable voter approval has been obtained, and the infrastructure financing plan has been approved pursuant to Section 53398.69:
(1)The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).
(2)The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(3)The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(4)The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code).
(5)The Vehicle Parking District Law of 1943 (Part 1 (commencing with Section 31500) of Division 18 of the Streets and Highways Code).
(6)The Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code).
(7)The Park and Playground Act of 1909 (Chapter 7 (commencing with Section 38000) of Part 2 of Division 3 of Title 4 of this code).
(8)The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of this title).
(9)The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of Part 1 of Division 2 of this title).
(10)The so-called facilities benefit assessment levied by the charter city of San Diego or any substantially similar assessment levied for the same purpose by any other charter city pursuant to any ordinance or charter provision.
SEC. 63.Section 54930 of the Government Code is amended to read:54930.(a)The local agency shall provide notice of a new parcel tax to an owner of a parcel affected by the tax, if that owner does not reside within the jurisdictional boundaries of the taxing entity.
(b)For purposes of this section:
(1)Local agency means any city, county, school district, or special district authorized to impose a parcel tax.
(2)Parcel tax means a tax levied by a local agency upon any parcel of property identified using the assessors parcel number system, or upon any person as an incident of property ownership pursuant to Section 4 of Article XIIIA of the California Constitution, that is collected via the annual property tax bill.
(c)The notice shall include, but is not limited to, all of the following information:
(1)The amount or rate of the parcel tax in sufficient detail to allow each property owner to calculate the amount of the tax to be levied against the owners property.
(2)The method and frequency for collecting the parcel tax, and the duration of time during which the parcel tax will be imposed.
(3)The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the parcel tax.
(d)The notice shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The notice shall be mailed to a property owner, if that owner does not reside within the jurisdictional boundaries of the taxing entity subject to the new tax, whose name and address appears on the last equalized county assessment roll or the State Board of Equalization assessment roll, as applicable. The notice shall be in at least 10-point type, and shall be in one of the following forms:
(1)An envelope or mailing which shall include the name of the local agency and the return address of the sender on the cover.
(2)A postcard, which shall include the name of the local agency and the return address of the sender on the front, and include the following information on the back in this format:
Dear Property Owner: | ||
| 1.Levied at a rate of[Amount or Rate of the Tax] | ||
| 2.Collected[Frequency and Method of Collection] | ||
| 3.Levied[Specify number of years or if indefinitely] | ||
| If you have any questions about the tax, please contact: | ||
| [Name and Telephone Number] | ||
| [Address] | ||
| [Email Address or Website Address] |
(e)The local agency may recover the reasonable costs of the notice required by this section from the proceeds of the parcel tax. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of preparing and mailing the notice.
SEC. 64.Section 469 of the Revenue and Taxation Code is amended to read:469.(a)The assessor shall annually conduct a significant number of audits of the books and records of taxpayers engaged in a profession, trade, or business who own, claim, possess, or control locally assessable trade fixtures and business tangible personal property in the county to encourage the accurate and proper reporting of property as required by this article. The assessor shall conduct an audit of those taxpayers as provided by subdivision (b).
(1)For purposes of this section, significant number of audits means at least 75 percent of the fiscal year average of the total number of audits the assessor was required to have conducted during the 200203 fiscal year to the 200506 fiscal year, inclusive, on those taxpayers in the county that had a full value of four hundred thousand dollars ($400,000) or more of locally assessable trade fixtures and business tangible personal property.
(2)The assessor is not required to audit a taxpayer that is fully exempt from property taxation under other provisions of law for purposes of the requirements of this section.
(3)If the board audits a taxpayer because the taxpayers assessment was selected in a sampling of assessments from the local assessment rolls pursuant to Section 15640 of the Government Code, that audit may be deemed an audit by the assessor for purposes of the requirements of this section.
(b)Except as provided in subdivision (c), each year the audits required by subdivision (a) shall be conducted in the following manner:
(1)Fifty percent of the audits required by subdivision (a) shall be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county.
(A)This pool of taxpayers shall be determined as follows:
(i)The assessor shall rank all of the taxpayers in the county in descending order by the total locally assessed value of both trade fixtures and business tangible personal property.
(ii)The assessor shall select a qualified number of those taxpayers with the largest assessments for inclusion in the pool. The qualified number shall be that number equal to 50 percent of the audits required by subdivision (a) multiplied by four.
(B)Taxpayers in the pool shall be audited at least once within each four-year period following the latest fiscal year covered by a preceding audit and the audit may combine multiple fiscal years. The assessor is relieved of the requirement to audit the taxpayer at least once every four years if the assessor determines that the taxpayers assessments are no longer large enough for inclusion in the pool.
(2)The remaining 50 percent of the required audits, as determined by paragraph (1) of subdivision (a), shall be selected in a manner that is fair and equitable to all taxpayers and may be based on evidence of underreporting as determined by the assessor.
(3)Nothing in this subdivision is intended to prohibit the audit of any taxpayer more frequently than once every four years.
(c)In order to allow the assessor some discretion in the number of audits completed each fiscal year as long as the four-year total number of audits in each category are complete within a four-year period, as an alternative to the requirement in subdivision (b) the assessor may satisfy these requirements by auditing the four-year total of the significant number of audits at any time within that four-year period. For purposes of this subdivision, the first four-year period shall begin with the 201920 fiscal year.
(d)With respect to any audit of the books of a profession, trade, or business, regardless of the full value of the trade fixtures and business tangible personal property owned, claimed, possessed, or controlled by the taxpayer, the following shall apply:
(1)Upon completion of an audit of the taxpayers books and records, the taxpayer shall be given the assessors findings in writing with respect to data that would alter any previously enrolled assessment.
(2)Equalization of the property by a county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division shall not preclude a subsequent audit and shall not preclude the assessor from levying an escape assessment in appropriate instances, but shall preclude an escape assessment being levied on that portion of the assessment that was the subject of the equalization hearing.
(3)If the result of an audit for any year discloses property subject to an escape assessment, then the original assessment of all property of the assessee at the location of the profession, trade, or business for that year shall be subject to review, equalization and adjustment by the county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division, except in those instances when the property had previously been equalized for the year in question.
(4)If the audit for any particular tax year discloses that the property of the taxpayer was incorrectly valued or misclassified for any cause, to the extent that this error caused the property to be assessed at a higher value than the assessor would have entered on the roll had the incorrect valuation or misclassification not occurred, then the assessor shall notify the taxpayer of the amount of the excess valuation or misclassification, and the fact that a claim for cancellation or refund may be filed with the county as provided by Sections 4986 and 5096.
SEC. 65.Section 36626 of the Streets and Highways Code is repealed.(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2018.
(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 12463.1 of the Government Code is amended to read:12463.1.(a)The Controller shall appoint an advisory committee consisting of seven local governmental officers to assist him or her in developing complete and adequate records.
(b)Whenever, in the opinion of the advisory committee and the Controller, the public welfare demands that the reports of the financial transactions of a district other than a school district be published, the Controller shall notify the district that reports of its financial transactions are required to be furnished to him or her pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5. A public entity, agency, board, transportation planning agency designated by the Secretary of Transportation pursuant to Section 29532, or commission provided for by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, and a nonprofit corporation as defined in subdivision (d), shall be deemed a district within the meaning of this section. The Controller shall compile and publish these reports pursuant to Section 12463.
(c)The Controller shall make available annually, in a separate report, published in an electronic format on the Controllers Internet Web site, certain financial information about selected special districts. The information provided in this report shall be published no later than June 30 following the end of the annual reporting period and contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements. This report may be included whenever the Controller publishes a report pursuant to this section. The Controller shall include in his or her report information that best illustrates the assets, liabilities, and equity of selected districts. The Controller may also include separate line items for total revenues and total expenditures. This report shall cover the 250 special districts with the largest total revenues for that reporting period. When the report is available, the Controller shall notify the Legislature, in writing, within one week of its publication.
(d)For purposes of this section, nonprofit corporation means any nonprofit corporation (1) formed in accordance with the provisions of a joint powers agreement to carry out functions specified in the agreement; (2) that issued bonds, the interest on which is exempt from federal income taxes, for the purpose of purchasing land as a site for, or purchasing or constructing, a building, stadium, or other facility, that is subject to a lease or agreement with a local public entity; or (3) wholly owned by a public agency.
SEC. 3.Section 25502.5 of the Government Code is amended to read:25502.5.(a)In counties having a population of 200,000 or more, the board of supervisors may authorize the purchasing agent to engage independent contractors to perform services for the county or county officers, with or without the furnishing of material, when the annual aggregate cost does not exceed two hundred thousand dollars ($200,000).
(b)The board of supervisors may establish rules and regulations to effectuate the purposes of this section.
SEC. 4.Section 27230 of the Government Code is amended to read:27230.The recorder shall procure any books for records as the business of the recorders office requires, but orders for the books shall first be obtained from the board of supervisors. The books used may contain printed forms of deeds, mortgages, or other instruments, papers, or notices of general use.
SEC. 5.Section 27263 of the Government Code is amended to read:27263.When a conveyance is executed by a sheriff or marshal, the name of the sheriff or marshal and the party charged in the execution shall both be inserted in the index. When an instrument, paper, or notice is recorded to which an executor, administrator, or trustee is a party, the name of the executor, administrator, or trustee and the name of the testator, or intestate, or party for whom the trust is held, shall be inserted in the index. The recorder need not index the name of the trustee in a deed of trust or in a partial or full deed of reconveyance. A trustees deed given upon exercise of the power of sale under any deed of trust shall be indexed under the names of the original trustor and the grantee named therein.
SEC. 6.Section 27293 of the Government Code is amended to read:27293.(a)(1)Except as otherwise provided in subdivision (b), if an instrument, paper, or notice intended for record is executed or certified in whole or in part in a language other than English, the recorder shall not accept the instrument, paper, or notice for record.
(2)(A)A translation in English of an instrument, paper, or notice executed or certified in whole or in part in a language other than English may be presented to the county clerk for verification that the translation was performed by a certified or registered court interpreter, as described in Section 68561, or by an accredited translator registered with the American Translators Association. The translation shall be accompanied by a notarized declaration by the interpreter or translator that the translation is true and accurate, and includes the certification, qualification, or registration of the interpreter or translator. The clerk shall consult an Internet Web site maintained by the Judicial Council or the American Translators Association in verifying the certification, qualification, or registration of the interpreter or translator.
(B)Upon verification that the translation was performed by an interpreter or translator described in subparagraph (A), and that the translation is accompanied by a notarized declaration as required pursuant to subparagraph (A), the clerk shall duly make certification of that verification under seal of the county, attach the certification to the translation, and attach the certified translation to the original instrument, paper, or notice.
(C)For this verification and certification, a fee of ten dollars ($10) shall be paid to the county clerk for each document submitted for certification. The attached original instrument, paper, or notice and certified translation may be presented to the recorder, and, upon payment of the usual fees, the recorder shall accept and permanently file the instrument, paper, or notice and record the certified translation. The recording of the certified translation gives notice and is of the same effect as the recording of an original instrument, paper, or notice. Certified copies of the recorded translation may be recorded in other counties, with the same effect as the recording of the original translation, provided, however, that in those counties where a photostatic or photographic method of recording is employed, the whole instrument, paper, or notice including the foreign language and the translation, may be recorded, and the original instrument, paper, or notice returned to the party leaving it for record or upon his or her order.
(b)The provisions of subdivision (a) do not apply to any instrument, paper, or notice offered for record that contains provisions in English and a translation of the English provisions in a language other than English, provided that the English provisions and the translation thereof are specifically set forth in state or federal law.
(c)The county clerk is not required to issue a translation certificate if he or she is unable to confirm the certification, registration, or accreditation of the translator, as required in subdivision (a).
SEC. 7.Section 27294 of the Government Code is amended to read:27294.In all cases the recorder shall endorse the amount of the fee for recordation on the instrument, paper, or notice recorded.
SEC. 8.Section 27320 of the Government Code is amended to read:27320.When any instrument, paper, or notice authorized by law to be recorded is deposited in the recorders office for record, the recorder shall endorse upon it in the order in which it is deposited, the year, month, day, hour, and minute of its reception, and the amount of fees for recording. The recorder shall record it without delay, together with the acknowledgements, proofs, certificates, and prior recording data written upon or annexed to it, with the plats, surveys, schedules, and other papers thereto annexed, and shall note on the record its identification number. Efforts shall be made to assign identification numbers sequentially, but an assignment of a nonsequential number may be made if not in violation of express recording instructions regarding a group of concurrently recorded instruments, papers, or notices and if, in the discretion of the county recorder, that assignment best serves the interest of expeditious recording.
SEC. 9.Section 27321 of the Government Code is amended to read:27321.(a)The recorder shall endorse upon each instrument, paper, or notice the identification number or book and page where it is recorded, and shall thereafter mail it to the person named in the instrument, paper, or notice for return mail, or deliver it to the party presenting it for record.
(b)Where any recorded instrument, paper, or notice effectuating a change in ownership is not accompanied by a change in ownership statement, the recorder shall either include with the return of any recorded instrument, paper, or notice a change in ownership statement as provided in Section 480 of the Revenue and Taxation Code or specifically identify those recorded documents not accompanied by an ownership statement when providing the assessor with a copy of the transfer of ownership document pursuant to Section 255.7 of the Revenue and Taxation Code.
SEC. 10.Section 27322.3 of the Government Code is amended to read:27322.3.If the recorded instruments, papers, or notices or the record books in the office of the recorder have been microfilmed for preservation purposes, a type of record book may be used that will permit the removal of leaves in order that reproduction may be made in an efficient manner.
In order to microfilm or otherwise reproduce the record books for preservation purposes, permanently bound record books may be disassembled and after they have been copied the books shall be rebound in a type of record book that will permit the removal of leaves in order that reproduction may be made in an efficient manner.
SEC. 11.Section 27323 of the Government Code is amended to read:27323.The recorder may segregate the instruments, papers, and notices and record them in separate books, or sheets or rolls of film under titles of indices provided for in Article 2 of this chapter.
In lieu thereof the recorder may record any or all of the instruments, papers, or notices in one general series of books or film to be called official records. The series shall be numbered consecutively beginning with number one. The recording of instruments, papers, or notices in official records imparts notice in like manner and effect as if the instruments, papers, or notices were recorded in separate books or film.
If a system of microphotography is used to record any instruments, papers, or notices, each original roll of film thereof kept by the recorder shall be given a separate number, and shall be called a book, film, reel, or shall be similarly designated, and each page of the instrument, paper, or notice shall be called a page, image or similar designation. Whenever under any law it is required that an instrument, paper, or notice be identified or referred to as recorded in a book or page or both, it shall be sufficient for purposes of identification and of compliance with that law that reference be made to the instrument, paper, or notice by the designations adopted by the recorder pursuant to the provisions of this section.
SEC. 12.Section 27327 of the Government Code is amended to read:27327.Any instrument, paper, or notice filed for record in the office of the county recorder of the county where it is entitled to record and that is copied into a book of record other than that designated by law, but that is thereafter indexed in the proper book of indices, imparts notice of its contents to all persons from the date of indexing, and any subsequent purchaser, mortgagee, lien holder, and encumbrancer purchases and takes with the same notice and effect as if the instrument, paper, or notice were copied or recorded in the proper book of record.
SEC. 13.Section 27329 of the Government Code is amended to read:27329.(a)If any record of an instrument, paper, or notice is lost, injured, or destroyed by conflagration or other public calamity, the recorder shall record any instrument, paper, or notice of writing entitled to record pursuant to this chapter that:
(1)Has been previously recorded in the recorders office.
(2)When it is presented to the recorder for record and is duly certified by the recorder of any other county of this state as being of record in the recorders office.
(b)In recording the instrument, paper, or notice the recorder shall record all certificates attached thereto and all endorsements thereon, and if any of the certificates or endorsements show the previous recording in the county where the instrument, paper, or notice or the certified copy of the instrument, paper, or notice is presented for record, the date appearing in the certificate or endorsement of the record shall be taken as the date of recording in the county, where the instrument, paper, or notice or the certified copy of the instrument, paper, or notice is presented for record. The record and certified copy, duly certified by the recorder under the seal of office, may be introduced in evidence with the same force and effect as the original record or certified copy of the original record.
(c)The recorder shall receive the same fees for services pursuant to this section as the recorder is entitled to receive for recording instruments, papers, or notices of like character.
SEC. 14.Section 27397 of the Government Code is amended to read:27397.(a)A county establishing an electronic recording delivery system pursuant to this article shall pay for the direct cost of regulation and oversight by the Attorney General.
(b)The Attorney General may charge a fee directly to a vendor seeking approval of software and other services as part of an electronic recording delivery system. The fee shall not exceed the reasonable costs of approving software or other services for vendors.
(c)In order to pay costs under this section, a county may do any of the following:
(1)Impose a fee in an amount up to and including one dollar ($1) for each instrument, paper, or notice that is recorded by the county. This fee may, at the countys discretion, be limited to instruments, papers, or notices that are recorded pursuant to the electronic recording delivery system.
(2)Impose a fee upon any vendor seeking approval of software and other services as part of an electronic recording delivery system.
(3)Impose a fee upon any person seeking to contract as an authorized submitter.
(d)The total fees assessed by a county recorder pursuant to this section may not exceed the reasonable total costs of the electronic recording delivery system, the review and approval of vendors and potential authorized submitters, security testing as required by this article and the regulations of the Attorney General, and reimbursement to the Attorney General for regulation and oversight of the electronic recording delivery system.
(e)Fees paid to the Attorney General pursuant to subdivisions (a) and (b) shall be deposited in the Electronic Recording Authorization Fund which is hereby created in the State Treasury, and, notwithstanding Section 13340, is continuously appropriated, without regard to fiscal years, to the Attorney General for the costs described in those subdivisions. Moneys deposited in the Electronic Recording Authorization Account prior to the effective date of the amendments to this subdivision made during the 2015 Regular Session shall be immediately transferred to the Electronic Recording Authorization Fund.
SEC. 15.Section 34090 of the Government Code is amended to read:34090.Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book, or paper, under the department heads charge, without making a copy thereof, after the same is no longer required.
This section does not authorize the destruction of:
(a)Records affecting the title to real property or liens thereon.
(b)Court records.
(c)Records required to be kept by statute.
(d)Records less than two years old.
(e)The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.
This section shall not be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books, and papers in accordance with the procedure therein prescribed.
SEC. 16.Section 34093 of the Government Code is amended to read:34093.As used in this section, petition means any petition prescribed, by statute or city charter, as a necessary prerequisite to the institution of proceedings by the city, and includes, but is not limited to, initiative petitions, referendum petitions, recall petitions, petitions pertaining to the annexation of territory to a city, the consolidation of cities, or the dissolution of a city, and petitions to institute proceedings under an improvement act.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who, circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition, willfully misrepresents or willfully makes any false statement concerning the contents, purport, or effect of the petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for a signature.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names.
SEC. 17.Section 34852 of the Government Code is amended to read:34852.The ordinance shall define the powers and duties of the city manager and may fix the city managers compensation or the minimum amount the city manager is to receive.
SEC. 18.Section 34855 of the Government Code is amended to read:34855.Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the time of appointment.
SEC. 19.Section 34857 of the Government Code is amended to read:34857.Upon appointment of the city manager, the terms of subordinate officers over whom the city manager has power of appointment and removal cease, unless they are reappointed.
SEC. 20.Section 36522 of the Government Code is amended to read:36522.Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner prescribed by ordinance for the benefit of the funds to which it belongs. The officer or employee shall report any deposits to, and settle with, the city clerk, or director of finance if that office has been established by ordinance, on the first Monday in each month or at shorter intervals as are prescribed by ordinance.
SEC. 21.Section 36802 of the Government Code is amended to read:36802.The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor.
SEC. 22.Section 37107 of the Government Code is amended to read:37107.The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear, commanding the sheriff to attach the person, and forthwith bring the person before the judge.
SEC. 23.Section 37547 of the Government Code is amended to read:37547.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 24.Section 37607 of the Government Code is amended to read:37607.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 25.Section 37683 of the Government Code is amended to read:37683.The legislative body shall appoint the city clerk or a competent resident of the city to administer the fund. The person appointed shall execute an official bond in the amount prescribed by the legislative body and shall receive one dollar ($1) annually for each plot cared for, to be paid only from the income of the fund.
SEC. 26.Section 38400 of the Government Code is amended to read:38400.As used in this article, original dedicator includes any person, or that persons successors and assigns, who has dedicated any land in the city for use as a public park.
SEC. 27.Section 38406 of the Government Code is amended to read:38406.At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting. Failure of an interested person to protest is conclusive evidence that the person consents to the abandonment.
SEC. 28.Section 38741 of the Government Code is amended to read:38741.Before a resolution or ordinance relating to the joint acquisition of a water supply is binding upon a city, it shall be approved by the mayor or passed over the mayors veto pursuant to the charter provision or general law for the passage of ordinances.
SEC. 29.Section 38780 of the Government Code is amended to read:38780.A city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or the owners authorized agent shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classifications of the property.
SEC. 30.Section 38782 of the Government Code is amended to read:38782.The ordinance may require payment of a reasonable fee by the owner, or the owners authorized agent, for the issuance of the reports.
SEC. 31.Section 39501 of the Government Code is amended to read:39501.The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks. If the person compelled by the legislative body defaults, after notice prescribed by the legislative body, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growths at that persons expense by a city officer. The legislative body may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds.
SEC. 32.Section 39560 of the Government Code is amended to read:39560.(a)Superintendent means street superintendent, the superintendents assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent.
(b)Weeds means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.
(c)Street includes public street, alley, lane, court, or other place.
(d)In front of which the nuisance exists includes to the rear of or abutting the property upon which the nuisance exists.
SEC. 33.Section 39564 of the Government Code is amended to read:39564.After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The superintendent shall post:
(a)One notice to each separately owned parcel of property of not over fifty feet frontage.
(b)Not more than two notices to any parcel of one hundred feet frontage or less.
(c)Notices at not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet.
SEC. 34.Section 39573 of the Government Code is amended to read:39573.Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owners own expense. Nevertheless, in any case in which an order to abate is issued, the legislative body by motion or resolution may further order that a special assessment and lien be imposed pursuant to Section 39577. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, and other related costs.
SEC. 35.Section 39574 of the Government Code is amended to read:39574.The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work. The superintendent shall submit to the legislative body for confirmation an itemized written report showing the cost of the abatement.
SEC. 36.Section 39901 of the Government Code is amended to read:39901.A city whose limits include or bound upon a harbor, bay, estuary, or other navigable body of water may:
(a)Establish, acquire, construct, improve, and maintain in, upon, and along the body of water, piers, docks, wharves, bulkheads, quays, and other necessary works.
(b)Construct, improve, dredge, deepen, or straighten, channels, turning basins, canals, slips, and waterways to, from, and along such works and connecting with any other navigable water within or without the city limits.
(c)Do any thing necessary or convenient to the establishment, improvement, conduct, and maintenance of a harbor, and in furtherance of commerce and navigation.
This section does not affect or limit a persons use and enjoyment of property rights, nor grant a city the right to destroy, injure, impair, or interfere with any private or quasi-public property or property rights, leasehold, or otherwise, or to the use and enjoyment of the property.
SEC. 37.Section 40537 of the Government Code is amended to read:40537.Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be taken before the clerk, any member of the commission, or any officer authorized by law to administer oaths.
SEC. 38.Section 40538 of the Government Code is amended to read:40538.The bond of the treasurer of the local agency shall cover the treasurers duties as ex officio treasurer of the authority.
SEC. 39.Section 40539 of the Government Code is amended to read:40539.If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment.
SEC. 40.Section 40603 of the Government Code is amended to read:40603.The mayor may administer oaths and affirmations, take affidavits, and certify them.
SEC. 41.Section 40604 of the Government Code is amended to read:40604.The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged.
SEC. 42.Section 40804 of the Government Code is amended to read:40804.The city clerk shall cause a summary of the citys financial report required by Section 53891, in a form prescribed by the Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code. If there is no newspaper, the city clerk shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices.
SEC. 43.Section 40806 of the Government Code is amended to read:40806.The city clerk shall keep a book marked ordinances and record in it all city ordinances with a certificate annexed to each, stating:
(a)It is a true and correct copy of a city ordinance.
(b)The ordinance number.
(c)It has been published or posted pursuant to law.
SEC. 44.Section 40812 of the Government Code is amended to read:40812.The city clerk shall perform any additional duties as are prescribed by ordinance.
SEC. 45.Section 40813 of the Government Code is amended to read:40813.The city clerk may appoint deputies, for whose acts the city clerk and the city clerks bondspersons are responsible. The deputies shall hold office at the pleasure of the city clerk and receive the compensation as provided by the legislative body.
SEC. 46.Section 40814 of the Government Code is amended to read:40814.The city clerk and the city clerks deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before a city clerk and the city clerks deputies within the city in which they were elected or appointed.
SEC. 47.Section 41204 of the Government Code is amended to read:41204.The assessor shall verify the list with an oath and deposit it with the city clerk on or before July 1st.
SEC. 48.Section 41205 of the Government Code is amended to read:41205.The assessor and the assessors deputies may administer oaths and affirmations necessary in the performance of their duties.
SEC. 49.Section 41602 of the Government Code is amended to read:41602.The chief of polices lawful orders shall be promptly executed by deputies, police officers, and watchpersons in the city. Every citizen shall also lend aid when required for the arrest of offenders and maintenance of public order.
SEC. 50.Section 41603 of the Government Code is amended to read:41603.The chief of police shall execute and return all process issued and directed to the chief of police by legal authority.
SEC. 51.Section 41605 of the Government Code is amended to read:41605.The chief of police has charge of the prisoners and of any city jail established by the legislative body.
SEC. 52.Section 41608 of the Government Code is amended to read:41608.The chief of police shall keep a detailed and up-to-date record of all fees for service of process or other money collected by the police department or paid to the chief of police in his or her official capacity. The record shall be open for public inspection during office hours.
SEC. 53.Section 41609 of the Government Code is amended to read:41609.The chief of police shall immediately deposit with the city treasurer all money collected by the police department as required by ordinance.
SEC. 54.Section 41610 of the Government Code is amended to read:41610.At least once a month, the chief of police shall file with the city clerk a detailed statement of all money handled in an official capacity during the preceding month.
SEC. 55.Section 41611 of the Government Code is amended to read:41611.The chief of police shall perform any other services required by general law and the city ordinances.
SEC. 56.Section 41803.7 of the Government Code is amended to read:41803.7.Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, the city attorney shall have the power to issue subpoenas in a like manner as the district attorney.
SEC. 57.Section 43625 of the Government Code is amended to read:43625.All signatures and countersignatures except that of the clerk or the clerks deputy may be printed, lithographed, or engraved.
SEC. 58.Section 43626 of the Government Code is amended to read:43626.If any officer whose signature or countersignature appears on bonds or coupons ceases to be an officer before delivery of the bonds, that officers signature is as effective as if the officer had remained in office.
SEC. 59.Section 53343.2 of the Government Code is amended to read:53343.2.A local agency that has an Internet Web site, within seven months after the last day of each fiscal year of the district, shall display prominently on its Internet Web site all of the following information:
(a)A copy of an annual report for that fiscal year if requested pursuant to Section 53343.1.
(b)A copy of the report provided to the California Debt and Investment Advisory Commission pursuant to Section 53359.5. A local agency may comply with this subdivision by providing a link to the Treasurers Internet Web site that contains the specified information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(c)A copy of the report provided to the Controllers office pursuant to Section 12463.2.
SEC. 60.Section 53398.60 of the Government Code is amended to read:53398.60.(a)The legislative body shall direct the city official or county official, as applicable, selected by the legislative body, to mail a copy of the resolution of intention to create the district to each owner of land within the district.
(b)As an alternative to mailing a copy of the resolution of intention pursuant to subdivision (a), the legislative body may direct the city official or county official, as applicable, selected by the legislative body, to mail a single-page notice of intention to create the district to each owner of land within the district. For purposes of this section, the notice of intention shall indicate the physical location or Internet Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection. The notice of intention shall also state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district.
SEC. 61.Section 53398.61 of the Government Code is amended to read:53398.61.The legislative body shall direct the city official or county official, as applicable, selected by the legislative body, to mail a copy of the resolution to each affected taxing entity.
SEC. 62.Section 53398.75 of the Government Code is amended to read:53398.75.(a)Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the enhanced infrastructure financing district each year by or for the benefit of the State of California, or any affected taxing entity after the effective date of the resolution adopted pursuant to Section 53398.69 to create the district, shall be divided, subject to the provisions of Section 53993, as follows:
(1)That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of the affected taxing entities upon the total sum of the assessed value of the taxable property in the district as shown upon the assessment roll used in connection with the taxation of the property by the affected taxing entity, last equalized prior to the effective date of the resolution adopted pursuant to Section 53398.69 to create the district, shall be allocated to, and when collected shall be paid to, the respective affected taxing entities as taxes by or for the affected taxing entities on all other property are paid.
(2)That portion of the levied taxes each year specified in the adopted infrastructure financing plan for the city or county and each affected taxing entity that has agreed to participate pursuant to Section 53398.68 in excess of the amount specified in paragraph (1) shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes of the district. Unless and until the total assessed valuation of the taxable property in a district exceeds the total assessed value of the taxable property in the district as shown by the last equalized assessment roll referred to in paragraph (1), all of the taxes levied and collected upon the taxable property in the district shall be paid to the respective affected taxing entities. When the district ceases to exist pursuant to the adopted infrastructure financing plan, all moneys thereafter received from taxes upon the taxable property in the district shall be paid to the respective affected taxing entities as taxes on all other property are paid.
(b)Notwithstanding subdivision (a), where any district boundaries overlap with the boundaries of any former redevelopment project area, any debt or obligation of a district shall be subordinate to any and all enforceable obligations of the former redevelopment agency, as approved by the Oversight Board and the Department of Finance. For the purposes of this chapter, the division of taxes allocated to the district pursuant to subdivision (a) of this section or of subdivision (b) of Section 53396 shall not include any taxes required to be deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund created pursuant to subdivision (b) of Section 34170.5 of the Health and Safety Code.
(c)The legislative body of the city or county forming the district may choose to dedicate any portion of its net available revenue to the district through the financing plan described in Section 53398.63.
(d)For the purposes of this section, net available revenue means periodic distributions to the city or county from the Redevelopment Property Tax Trust Fund, created pursuant to Section 34170.5 of the Health and Safety Code, that are available to the city or county after all preexisting legal commitments and statutory obligations funded from that revenue are made pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. Net available revenue shall not include any funds deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund or funds remaining in the Redevelopment Property Tax Trust Fund prior to distribution. Net available revenues shall not include any moneys payable to a school district that maintains kindergarten and grades 1 to 12, inclusive, community college districts, county office of education, or to the Educational Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183 of the Health and Safety Code.
(e)(1)That portion of any ad valorem property tax revenue annually allocated to a city or county pursuant to Section 97.70 of the Revenue and Taxation Code that is specified in the adopted infrastructure financing plan for the city or county that has agreed to participate pursuant to Section 53398.68, and that corresponds to the increase in the assessed valuation of taxable property shall be allocated to, and, when collected, shall be apportioned to, a special fund of the district for all lawful purposes of the district.
(2)When the district ceases to exist pursuant to the adopted infrastructure financing plan, the revenues described in this subdivision shall be allocated to, and, when collected, shall be apportioned to, the respective city or county.
(f)This section shall not be construed to prevent a district from utilizing revenues from any of the following sources to support its activities provided that the applicable voter approval has been obtained, and the infrastructure financing plan has been approved pursuant to Section 53398.69:
(1)The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).
(2)The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(3)The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(4)The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code).
(5)The Vehicle Parking District Law of 1943 (Part 1 (commencing with Section 31500) of Division 18 of the Streets and Highways Code).
(6)The Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code).
(7)The Park and Playground Act of 1909 (Chapter 7 (commencing with Section 38000) of Part 2 of Division 3 of Title 4 of this code).
(8)The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of this title).
(9)The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of Part 1 of Division 2 of this title).
(10)The so-called facilities benefit assessment levied by the charter city of San Diego or any substantially similar assessment levied for the same purpose by any other charter city pursuant to any ordinance or charter provision.
SEC. 63.Section 54930 of the Government Code is amended to read:54930.(a)The local agency shall provide notice of a new parcel tax to an owner of a parcel affected by the tax, if that owner does not reside within the jurisdictional boundaries of the taxing entity.
(b)For purposes of this section:
(1)Local agency means any city, county, school district, or special district authorized to impose a parcel tax.
(2)Parcel tax means a tax levied by a local agency upon any parcel of property identified using the assessors parcel number system, or upon any person as an incident of property ownership pursuant to Section 4 of Article XIIIA of the California Constitution, that is collected via the annual property tax bill.
(c)The notice shall include, but is not limited to, all of the following information:
(1)The amount or rate of the parcel tax in sufficient detail to allow each property owner to calculate the amount of the tax to be levied against the owners property.
(2)The method and frequency for collecting the parcel tax, and the duration of time during which the parcel tax will be imposed.
(3)The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the parcel tax.
(d)The notice shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The notice shall be mailed to a property owner, if that owner does not reside within the jurisdictional boundaries of the taxing entity subject to the new tax, whose name and address appears on the last equalized county assessment roll or the State Board of Equalization assessment roll, as applicable. The notice shall be in at least 10-point type, and shall be in one of the following forms:
(1)An envelope or mailing which shall include the name of the local agency and the return address of the sender on the cover.
(2)A postcard, which shall include the name of the local agency and the return address of the sender on the front, and include the following information on the back in this format:
Dear Property Owner: | ||
| 1.Levied at a rate of[Amount or Rate of the Tax] | ||
| 2.Collected[Frequency and Method of Collection] | ||
| 3.Levied[Specify number of years or if indefinitely] | ||
| If you have any questions about the tax, please contact: | ||
| [Name and Telephone Number] | ||
| [Address] | ||
| [Email Address or Website Address] |
(e)The local agency may recover the reasonable costs of the notice required by this section from the proceeds of the parcel tax. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of preparing and mailing the notice.
SEC. 64.Section 469 of the Revenue and Taxation Code is amended to read:469.(a)The assessor shall annually conduct a significant number of audits of the books and records of taxpayers engaged in a profession, trade, or business who own, claim, possess, or control locally assessable trade fixtures and business tangible personal property in the county to encourage the accurate and proper reporting of property as required by this article. The assessor shall conduct an audit of those taxpayers as provided by subdivision (b).
(1)For purposes of this section, significant number of audits means at least 75 percent of the fiscal year average of the total number of audits the assessor was required to have conducted during the 200203 fiscal year to the 200506 fiscal year, inclusive, on those taxpayers in the county that had a full value of four hundred thousand dollars ($400,000) or more of locally assessable trade fixtures and business tangible personal property.
(2)The assessor is not required to audit a taxpayer that is fully exempt from property taxation under other provisions of law for purposes of the requirements of this section.
(3)If the board audits a taxpayer because the taxpayers assessment was selected in a sampling of assessments from the local assessment rolls pursuant to Section 15640 of the Government Code, that audit may be deemed an audit by the assessor for purposes of the requirements of this section.
(b)Except as provided in subdivision (c), each year the audits required by subdivision (a) shall be conducted in the following manner:
(1)Fifty percent of the audits required by subdivision (a) shall be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county.
(A)This pool of taxpayers shall be determined as follows:
(i)The assessor shall rank all of the taxpayers in the county in descending order by the total locally assessed value of both trade fixtures and business tangible personal property.
(ii)The assessor shall select a qualified number of those taxpayers with the largest assessments for inclusion in the pool. The qualified number shall be that number equal to 50 percent of the audits required by subdivision (a) multiplied by four.
(B)Taxpayers in the pool shall be audited at least once within each four-year period following the latest fiscal year covered by a preceding audit and the audit may combine multiple fiscal years. The assessor is relieved of the requirement to audit the taxpayer at least once every four years if the assessor determines that the taxpayers assessments are no longer large enough for inclusion in the pool.
(2)The remaining 50 percent of the required audits, as determined by paragraph (1) of subdivision (a), shall be selected in a manner that is fair and equitable to all taxpayers and may be based on evidence of underreporting as determined by the assessor.
(3)Nothing in this subdivision is intended to prohibit the audit of any taxpayer more frequently than once every four years.
(c)In order to allow the assessor some discretion in the number of audits completed each fiscal year as long as the four-year total number of audits in each category are complete within a four-year period, as an alternative to the requirement in subdivision (b) the assessor may satisfy these requirements by auditing the four-year total of the significant number of audits at any time within that four-year period. For purposes of this subdivision, the first four-year period shall begin with the 201920 fiscal year.
(d)With respect to any audit of the books of a profession, trade, or business, regardless of the full value of the trade fixtures and business tangible personal property owned, claimed, possessed, or controlled by the taxpayer, the following shall apply:
(1)Upon completion of an audit of the taxpayers books and records, the taxpayer shall be given the assessors findings in writing with respect to data that would alter any previously enrolled assessment.
(2)Equalization of the property by a county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division shall not preclude a subsequent audit and shall not preclude the assessor from levying an escape assessment in appropriate instances, but shall preclude an escape assessment being levied on that portion of the assessment that was the subject of the equalization hearing.
(3)If the result of an audit for any year discloses property subject to an escape assessment, then the original assessment of all property of the assessee at the location of the profession, trade, or business for that year shall be subject to review, equalization and adjustment by the county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division, except in those instances when the property had previously been equalized for the year in question.
(4)If the audit for any particular tax year discloses that the property of the taxpayer was incorrectly valued or misclassified for any cause, to the extent that this error caused the property to be assessed at a higher value than the assessor would have entered on the roll had the incorrect valuation or misclassification not occurred, then the assessor shall notify the taxpayer of the amount of the excess valuation or misclassification, and the fact that a claim for cancellation or refund may be filed with the county as provided by Sections 4986 and 5096.
SEC. 65.Section 36626 of the Streets and Highways Code is repealed.(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2018.
(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 12463.1 of the Government Code is amended to read:12463.1.(a)The Controller shall appoint an advisory committee consisting of seven local governmental officers to assist him or her in developing complete and adequate records.
(b)Whenever, in the opinion of the advisory committee and the Controller, the public welfare demands that the reports of the financial transactions of a district other than a school district be published, the Controller shall notify the district that reports of its financial transactions are required to be furnished to him or her pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5. A public entity, agency, board, transportation planning agency designated by the Secretary of Transportation pursuant to Section 29532, or commission provided for by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, and a nonprofit corporation as defined in subdivision (d), shall be deemed a district within the meaning of this section. The Controller shall compile and publish these reports pursuant to Section 12463.
(c)The Controller shall make available annually, in a separate report, published in an electronic format on the Controllers Internet Web site, certain financial information about selected special districts. The information provided in this report shall be published no later than June 30 following the end of the annual reporting period and contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements. This report may be included whenever the Controller publishes a report pursuant to this section. The Controller shall include in his or her report information that best illustrates the assets, liabilities, and equity of selected districts. The Controller may also include separate line items for total revenues and total expenditures. This report shall cover the 250 special districts with the largest total revenues for that reporting period. When the report is available, the Controller shall notify the Legislature, in writing, within one week of its publication.
(d)For purposes of this section, nonprofit corporation means any nonprofit corporation (1) formed in accordance with the provisions of a joint powers agreement to carry out functions specified in the agreement; (2) that issued bonds, the interest on which is exempt from federal income taxes, for the purpose of purchasing land as a site for, or purchasing or constructing, a building, stadium, or other facility, that is subject to a lease or agreement with a local public entity; or (3) wholly owned by a public agency.
SEC. 3.Section 17551 of the Government Code is amended to read:17551.(a)The commission, pursuant to the provisions of this chapter, shall hear and decide upon a claim by a local agency or school district that the local agency or school district is entitled to be reimbursed by the state for costs mandated by the state as required by Section 6 of Article XIIIB of the California Constitution.(b)Except as provided in Sections 17573 and 17574, commission review of claims may be had pursuant to subdivision (a) only if the test claim is filed within the time limits specified in this section.(c)Local agency and school district test claims shall be filed not later than 12 months following the effective date of a statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later. For purposes of filing a test claim based on the date of incurring increased costs, within 12 months means by June 30 of the fiscal year following the fiscal year in which increased costs were first incurred by the test claimant.(d)The commission, pursuant to the provisions of this chapter, shall hear and decide upon a claim by a local agency or school district filed on or after January 1, 1985, that the Controller has incorrectly reduced payments to the local agency or school district pursuant to paragraph (2) of subdivision (d) of Section 17561.SEC. 4.SEC. 3.Section 25502.5 of the Government Code is amended to read:25502.5.(a)In counties having a population of 200,000 or more, the board of supervisors may authorize the purchasing agent to engage independent contractors to perform services for the county or county officers, with or without the furnishing of material, when the annual aggregate cost does not exceed two hundred thousand dollars ($200,000).
(b)The board of supervisors may establish rules and regulations to effectuate the purposes of this section.
SEC. 5.Section 27202 of the Government Code is amended to read:27202.Upon the request of any officer of the United States, the county recorder shall record instruments, papers, or notices to which the United States is a party without payment of the recording fee in advance and shall execute the proper government voucher for payment. Upon payment, the fee shall be transmitted to the Treasurer with the recorders first settlement after the collection.SEC. 6.SEC. 4.Section 27230 of the Government Code is amended to read:27230.The recorder shall procure any books for records as the business of the recorders office requires, but orders for the books shall first be obtained from the board of supervisors. The books used may contain printed forms of deeds, mortgages, or other instruments, papers, or notices of general use.
SEC. 7.SEC. 5.Section 27263 of the Government Code is amended to read:27263.When a conveyance is executed by a sheriff or marshal, the name of the sheriff or marshal and the party charged in the execution shall both be inserted in the index. When an instrument, paper, or notice is recorded to which an executor, administrator, or trustee is a party, the name of the executor, administrator, or trustee and the name of the testator, or intestate, or party for whom the trust is held, shall be inserted in the index. The recorder need not index the name of the trustee in a deed of trust or in a partial or full deed of reconveyance. A trustees deed given upon exercise of the power of sale under any deed of trust shall be indexed under the names of the original trustor and the grantee named therein.
SEC. 8.Section 27287 of the Government Code is amended to read:27287.(a)Unless it belongs to the class provided for in either Sections 27282 to 27286, inclusive, or Section 1202 or 1203, of the Civil Code, or is a fictitious mortgage or deed of trust as provided in Section 2952 or 2963 of the Civil Code, or is a fictitious oil and gas lease as provided in Section 1219 of the Civil Code, or is a claim of lien under Section 8416 of the Civil Code or a notice of completion under Section 8182 or 9204 of the Civil Code, before an instrument, paper, or notice can be recorded, its execution shall be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary or other person executing it on behalf of the corporation.(b)Except for any power of attorney, quitclaim deed, grant deed, mortgage, deed of trust, security agreement, or other document affecting real property, execution may be proved by a subscribing witness or as provided in Sections 1198 and 1199 of the Civil Code, and the acknowledgment or proof certified as prescribed by law. This subdivision shall not apply to a trustees deed resulting from a decree of foreclosure, or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, or to a deed of reconveyance.SEC. 9.SEC. 6.Section 27293 of the Government Code is amended to read:27293.(a)(1)Except as otherwise provided in subdivision (b), if an instrument, paper, or notice intended for record is executed or certified in whole or in part in a language other than English, the recorder shall not accept the instrument, paper, or notice for record.
(2)(A)A translation in English of an instrument, paper, or notice executed or certified in whole or in part in a language other than English may be presented to the county clerk for verification that the translation was performed by a certified or registered court interpreter, as described in Section 68561, or by an accredited translator registered with the American Translators Association. The translation shall be accompanied by a notarized declaration by the interpreter or translator that the translation is true and accurate, and includes the certification, qualification, or registration of the interpreter or translator. The clerk shall consult an Internet Web site maintained by the Judicial Council or the American Translators Association in verifying the certification, qualification, or registration of the interpreter or translator.
(B)Upon verification that the translation was performed by an interpreter or translator described in subparagraph (A), and that the translation is accompanied by a notarized declaration as required pursuant to subparagraph (A), the clerk shall duly make certification of that verification under seal of the county, attach the certification to the translation, and attach the certified translation to the original instrument, paper, or notice.
(C)For this verification and certification, a fee of ten dollars ($10) shall be paid to the county clerk for each document submitted for certification. The attached original instrument, paper, or notice and certified translation may be presented to the recorder, and, upon payment of the usual fees, the recorder shall accept and permanently file the instrument, paper, or notice and record the certified translation. The recording of the certified translation gives notice and is of the same effect as the recording of an original instrument, paper, or notice. Certified copies of the recorded translation may be recorded in other counties, with the same effect as the recording of the original translation, provided, however, that in those counties where a photostatic or photographic method of recording is employed, the whole instrument, paper, or notice including the foreign language and the translation, may be recorded, and the original instrument, paper, or notice returned to the party leaving it for record or upon his or her order.
(b)The provisions of subdivision (a) do not apply to any instrument, paper, or notice offered for record that contains provisions in English and a translation of the English provisions in a language other than English, provided that the English provisions and the translation thereof are specifically set forth in state or federal law.
(c)The county clerk is not required to issue a translation certificate if he or she is unable to confirm the certification, registration, or accreditation of the translator, as required in subdivision (a).
SEC. 10.SEC. 7.Section 27294 of the Government Code is amended to read:27294.In all cases the recorder shall endorse the amount of the fee for recordation on the instrument, paper, or notice recorded.
SEC. 11.SEC. 8.Section 27320 of the Government Code is amended to read:27320.When any instrument, paper, or notice authorized by law to be recorded is deposited in the recorders office for record, the recorder shall endorse upon it in the order in which it is deposited, the year, month, day, hour, and minute of its reception, and the amount of fees for recording. The recorder shall record it without delay, together with the acknowledgements, proofs, certificates, and prior recording data written upon or annexed to it, with the plats, surveys, schedules, and other papers thereto annexed, and shall note on the record its identification number. Efforts shall be made to assign identification numbers sequentially, but an assignment of a nonsequential number may be made if not in violation of express recording instructions regarding a group of concurrently recorded instruments, papers, or notices and if, in the discretion of the county recorder, that assignment best serves the interest of expeditious recording.
SEC. 12.SEC. 9.Section 27321 of the Government Code is amended to read:27321.(a)The recorder shall endorse upon each instrument, paper, or notice the identification number or book and page where it is recorded, and shall thereafter mail it to the person named in the instrument, paper, or notice for return mail, or deliver it to the party presenting it for record.
(b)Where any recorded instrument, paper, or notice or document effectuating a change in ownership is not accompanied by a change in ownership statement, the recorder shall either include with the return of any recorded instrument, paper, or notice or document a change in ownership statement as provided in Section 480 of the Revenue and Taxation Code or specifically identify those recorded documents not accompanied by an ownership statement when providing the assessor with a copy of the transfer of ownership document pursuant to Section 255.7 of the Revenue and Taxation Code.
SEC. 13.SEC. 10.Section 27322.3 of the Government Code is amended to read:27322.3.If the recorded instruments, papers, or notices or the record books in the office of the recorder have been microfilmed for preservation purposes, a type of record book may be used that will permit the removal of leaves in order that reproduction may be made in an efficient manner.
In order to microfilm or otherwise reproduce the record books for preservation purposes, permanently bound record books may be disassembled and after they have been copied the books shall be rebound in a type of record book that will permit the removal of leaves in order that reproduction may be made in an efficient manner.
SEC. 14.SEC. 11.Section 27323 of the Government Code is amended to read:27323.The recorder may segregate the instruments, papers, and notices and record them in separate books, or sheets or rolls of film under titles of indices provided for in Article 2 of this chapter.
In lieu thereof the recorder may record any or all of the instruments, papers, or notices in one general series of books or film to be called official records. The series shall be numbered consecutively beginning with number one. The recording of instruments, papers, or notices in official records imparts notice in like manner and effect as if the instruments, papers, or notices were recorded in separate books or film.
If a system of microphotography is used to record any instruments, papers, or notices, each original roll of film thereof kept by the recorder shall be given a separate number, and shall be called a book, film, reel, or shall be similarly designated, and each page of the instrument, paper, or notice shall be called a page, image or similar designation. Whenever under any law it is required that an instrument, paper, or notice be identified or referred to as recorded in a book or page or both, it shall be sufficient for purposes of identification and of compliance with that law that reference be made to the instrument, paper, or notice by the designations adopted by the recorder pursuant to the provisions of this section.
SEC. 15.SEC. 12.Section 27327 of the Government Code is amended to read:27327.Any instrument, paper, or notice filed for record in the office of the county recorder of the county where it is entitled to record and that is copied into a book of record other than that designated by law, but that is thereafter indexed in the proper book of indices, imparts notice of its contents to all persons from the date of indexing, and any subsequent purchaser, mortgagee, lien-holder, lien holder, and encumbrancer purchases and takes with the same notice and effect as if the instrument, paper, or notice were copied or recorded in the proper book of record.
SEC. 16.SEC. 13.Section 27329 of the Government Code is amended to read:27329.(a)If any record of an instrument, paper, or notice is lost, injured, or destroyed by conflagration or other public calamity, the recorder shall record any instrument, paper, or notice of writing entitled to record pursuant to this chapter that:
(1)Has been previously recorded in the recorders office.
(2)When it is presented to the recorder for record and is duly certified by the recorder of any other county of this State state as being of record in the recorders office.
(b)In recording the instrument, paper, or notice the recorder shall record all certificates attached thereto and all endorsements thereon, and if any of the certificates or endorsements show the previous recording in the county where the instrument, paper, or notice or the certified copy of the instrument, paper, or notice is presented for record, the date appearing in the certificate or endorsement of the record shall be taken as the date of recording in the county, where the instrument, paper, or notice or the certified copy of the instrument, paper, or notice is presented for record. The record and certified copy, duly certified by the recorder under the seal of office, may be introduced in evidence with the same force and effect as the original record or certified copy of the original record.
(c)The recorder shall receive the same fees for services pursuant to this section as the recorder is entitled to receive for recording instruments, papers, or notices of like character.
SEC. 17.SEC. 14.Section 27397 of the Government Code is amended to read:27397.(a)A county establishing an electronic recording delivery system pursuant to this article shall pay for the direct cost of regulation and oversight by the Attorney General.
(b)The Attorney General may charge a fee directly to a vendor seeking approval of software and other services as part of an electronic recording delivery system. The fee shall not exceed the reasonable costs of approving software or other services for vendors.
(c)In order to pay costs under this section, a county may do any of the following:
(1)Impose a fee in an amount up to and including one dollar ($1) for each instrument, paper, or notice that is recorded by the county. This fee may, at the countys discretion, be limited to instruments, papers, or notices that are recorded pursuant to the electronic recording delivery system.
(2)Impose a fee upon any vendor seeking approval of software and other services as part of an electronic recording delivery system.
(3)Impose a fee upon any person seeking to contract as an authorized submitter.
(d)The total fees assessed by a county recorder pursuant to this section may not exceed the reasonable total costs of the electronic recording delivery system, the review and approval of vendors and potential authorized submitters, security testing as required by this article and the regulations of the Attorney General, and reimbursement to the Attorney General for regulation and oversight of the electronic recording delivery system.
(e)Fees paid to the Attorney General pursuant to subdivisions (a) and (b) shall be deposited in the Electronic Recording Authorization Fund which is hereby created in the State Treasury, and, notwithstanding Section 13340, is continuously appropriated, without regard to fiscal years, to the Attorney General for the costs described in those subdivisions. Moneys deposited in the Electronic Recording Authorization Account prior to the effective date of the amendments to this subdivision made during the 2015 Regular Session shall be immediately transferred to the Electronic Recording Authorization Fund.
SEC. 18.SEC. 15.Section 34090 of the Government Code is amended to read:34090.Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book, or paper, under the department heads charge, without making a copy thereof, after the same is no longer required.
This section does not authorize the destruction of:
(a)Records affecting the title to real property or liens thereon.
(b)Court records.
(c)Records required to be kept by statute.
(d)Records less than two years old.
(e)The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.
This section shall not be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books, and papers in accordance with the procedure therein prescribed.
SEC. 19.SEC. 16.Section 34093 of the Government Code is amended to read:34093.As used in this section, petition means any petition prescribed, by statute or city charter, as a necessary prerequisite to the institution of proceedings by the city, and includes, but is not limited to, initiative petitions, referendum petitions, recall petitions, petitions pertaining to the annexation of territory to a city, the consolidation of cities, or the dissolution of a city, and petitions to institute proceedings under an improvement act.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who, circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition, willfully misrepresents or willfully makes any false statement concerning the contents, purport, or effect of the petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for a signature.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names.
SEC. 20.SEC. 17.Section 34852 of the Government Code is amended to read:34852.The ordinance shall define the powers and duties of the city manager and may fix the city managers compensation or the minimum amount the city manager is to receive.
SEC. 21.SEC. 18.Section 34855 of the Government Code is amended to read:34855.Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the time of appointment.
SEC. 22.SEC. 19.Section 34857 of the Government Code is amended to read:34857.Upon appointment of the city manager, the terms of subordinate officers over whom the city manager has power of appointment and removal cease, unless they are reappointed.
SEC. 23.SEC. 20.Section 36522 of the Government Code is amended to read:36522.Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner prescribed by ordinance for the benefit of the funds to which it belongs. The officer or employee shall report any deposits to, and settle with, the city clerk, or director of finance if that office has been established by ordinance, on the first Monday in each month or at shorter intervals as are prescribed by ordinance.
SEC. 24.SEC. 21.Section 36802 of the Government Code is amended to read:36802.The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor.
SEC. 25.SEC. 22.Section 37107 of the Government Code is amended to read:37107.The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear, commanding the sheriff to attach the person, and forthwith bring the person before the judge.
SEC. 26.SEC. 23.Section 37547 of the Government Code is amended to read:37547.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 27.SEC. 24.Section 37607 of the Government Code is amended to read:37607.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 28.SEC. 25.Section 37683 of the Government Code is amended to read:37683.The legislative body shall appoint the city clerk or a competent resident of the city to administer the fund. The person appointed shall execute an official bond in the amount prescribed by the legislative body and shall receive one dollar ($1) annually for each plot cared for, to be paid only from the income of the fund.
SEC. 29.SEC. 26.Section 38400 of the Government Code is amended to read:38400.As used in this article, original dedicator includes any person, or that persons successors and assigns, who has dedicated any land in the city for use as a public park.
SEC. 30.SEC. 27.Section 38406 of the Government Code is amended to read:38406.At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting. Failure of an interested person to protest is conclusive evidence that the person consents to the abandonment.
SEC. 31.SEC. 28.Section 38741 of the Government Code is amended to read:38741.Before a resolution or ordinance relating to the joint acquisition of a water supply is binding upon a city, it shall be approved by the mayor or passed over the mayors veto pursuant to the charter provision or general law for the passage of ordinances.
SEC. 32.SEC. 29.Section 38780 of the Government Code is amended to read:38780.A city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or the owners authorized agent shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classifications of the property.
SEC. 33.SEC. 30.Section 38782 of the Government Code is amended to read:38782.The ordinance may require payment of a reasonable fee by the owner, or the owners authorized agent, for the issuance of the reports.
SEC. 34.SEC. 31.Section 39501 of the Government Code is amended to read:39501.The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks. If the person compelled by the legislative body defaults, after notice prescribed by the legislative body, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growths at that persons expense by a city officer. The legislative body may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds.
SEC. 35.SEC. 32.Section 39560 of the Government Code is amended to read:39560.(a)Superintendent means street superintendent, the superintendents assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent.
(b)Weeds means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.
(c)Street includes public street, alley, lane, court, or other place.
(d)In front of which the nuisance exists includes to the rear of or abutting the property upon which the nuisance exists.
SEC. 36.SEC. 33.Section 39564 of the Government Code is amended to read:39564.After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The superintendent shall post:
(a)One notice to each separately owned parcel of property of not over fifty feet frontage.
(b)Not more than two notices to any parcel of one hundred feet frontage or less.
(c)Notices at not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet.
SEC. 37.SEC. 34.Section 39573 of the Government Code is amended to read:39573.Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owners own expense. Nevertheless, in any case in which an order to abate is issued, the legislative body by motion or resolution may further order that a special assessment and lien be imposed pursuant to Section 39577. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical, and other related costs.
SEC. 38.SEC. 35.Section 39574 of the Government Code is amended to read:39574.The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work. The superintendent shall submit to the legislative body for confirmation an itemized written report showing the cost of the abatement.
SEC. 39.SEC. 36.Section 39901 of the Government Code is amended to read:39901.A city whose limits include or bound upon a harbor, bay, estuary, or other navigable body of water may:
(a)Establish, acquire, construct, improve, and maintain in, upon, and along the body of water, piers, docks, wharves, bulkheads, quays, and other necessary works.
(b)Construct, improve, dredge, deepen, or straighten, channels, turning basins, canals, slips, and waterways to, from, and along such works and connecting with any other navigable water within or without the city limits.
(c)Do any thing necessary or convenient to the establishment, improvement, conduct, and maintenance of a harbor, and in furtherance of commerce and navigation.
This section does not affect or limit a persons use and enjoyment of property rights, nor grant a city the right to destroy, injure, impair, or interfere with any private or quasi-public property or property rights, leasehold, or otherwise, or to the use and enjoyment of the property.
SEC. 40.SEC. 37.Section 40537 of the Government Code is amended to read:40537.Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be taken before the clerk, any member of the commission, or any officer authorized by law to administer oaths.
SEC. 41.SEC. 38.Section 40538 of the Government Code is amended to read:40538.The bond of the treasurer of the local agency shall cover the treasurers duties as ex officio treasurer of the authority.
SEC. 42.SEC. 39.Section 40539 of the Government Code is amended to read:40539.If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment.
SEC. 43.SEC. 40.Section 40603 of the Government Code is amended to read:40603.The mayor may administer oaths and affirmations, take affidavits, and certify them.
SEC. 44.SEC. 41.Section 40604 of the Government Code is amended to read:40604.The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged.
SEC. 45.SEC. 42.Section 40804 of the Government Code is amended to read:40804.The city clerk shall cause a summary of the citys financial report required by Section 53891, in a form prescribed by the Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code. If there is no newspaper, the city clerk shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices.
SEC. 46.SEC. 43.Section 40806 of the Government Code is amended to read:40806.The city clerk shall keep a book marked ordinances and record in it all city ordinances with a certificate annexed to each, stating:
(a)It is a true and correct copy of a city ordinance.
(b)The ordinance number.
(c)It has been published or posted pursuant to law.
SEC. 47.SEC. 44.Section 40812 of the Government Code is amended to read:40812.The city clerk shall perform any additional duties as are prescribed by ordinance.
SEC. 48.SEC. 45.Section 40813 of the Government Code is amended to read:40813.The city clerk may appoint deputies, for whose acts the city clerk and the city clerks bondspersons are responsible. The deputies shall hold office at the pleasure of the city clerk and receive the compensation as provided by the legislative body.
SEC. 49.SEC. 46.Section 40814 of the Government Code is amended to read:40814.The city clerk and the city clerks deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before a city clerk and the city clerks deputies within the city in which they were elected or appointed.
SEC. 50.SEC. 47.Section 41204 of the Government Code is amended to read:41204.The assessor shall verify the list with an oath and deposit it with the city clerk on or before July 1st.
SEC. 51.SEC. 48.Section 41205 of the Government Code is amended to read:41205.The assessor and the assessors deputies may administer oaths and affirmations necessary in the performance of their duties.
SEC. 52.SEC. 49.Section 41602 of the Government Code is amended to read:41602.The chief of polices lawful orders shall be promptly executed by deputies, police officers, and watchpersons in the city. Every citizen shall also lend aid when required for the arrest of offenders and maintenance of public order.
SEC. 53.SEC. 50.Section 41603 of the Government Code is amended to read:41603.The chief of police shall execute and return all process issued and directed to the chief of police by legal authority.
SEC. 54.SEC. 51.Section 41605 of the Government Code is amended to read:41605.The chief of police has charge of the prisoners and of any city jail established by the legislative body.
SEC. 55.SEC. 52.Section 41608 of the Government Code is amended to read:41608.The chief of police shall keep a detailed and up-to-date record of all fees for service of process or other money collected by the police department or paid to the chief of police in his or her official capacity. The record shall be open for public inspection during office hours.
SEC. 56.SEC. 53.Section 41609 of the Government Code is amended to read:41609.The chief of police shall immediately deposit with the city treasurer all money collected by the police department as required by ordinance.
SEC. 57.SEC. 54.Section 41610 of the Government Code is amended to read:41610.At least once a month, the chief of police shall file with the city clerk a detailed statement of all money handled in an official capacity during the preceding month.
SEC. 58.SEC. 55.Section 41611 of the Government Code is amended to read:41611.The chief of police shall perform any other services required by general law and the city ordinances.
SEC. 59.SEC. 56.Section 41803.7 of the Government Code is amended to read:41803.7.Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, the city attorney shall have the power to issue subpoenas in a like manner as the district attorney.
SEC. 60.SEC. 57.Section 43625 of the Government Code is amended to read:43625.All signatures and countersignatures except that of the clerk or the clerks deputy may be printed, lithographed, or engraved.
SEC. 61.SEC. 58.Section 43626 of the Government Code is amended to read:43626.If any officer whose signature or countersignature appears on bonds or coupons ceases to be an officer before delivery of the bonds, that officers signature is as effective as if the officer had remained in office.
SEC. 62.SEC. 59.Section 53343.2 of the Government Code is amended to read:53343.2.A local agency that has an Internet Web site, within seven months after the last day of each fiscal year of the district, shall display prominently on its Internet Web site all of the following information:
(a)A copy of an annual report for that fiscal year if requested pursuant to Section 53343.1.
(b)A copy of the report provided to the California Debt and Investment Advisory Commission pursuant to Section 53359.5. A local agency may comply with this subdivision by providing a link to the Treasurers Internet Web site that contains the specified information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(c)A copy of the report provided to the Controllers office pursuant to Section 12463.2.
SEC. 63.SEC. 60.Section 53398.60 of the Government Code is amended to read:53398.60.(a)The legislative body shall direct the city official or county official, as applicable, selected by the legislative body, to mail a copy of the resolution of intention to create the district to each owner of land within the district.
(b)As an alternative to mailing a copy of the resolution of intention pursuant to subdivision (a), the legislative body may direct the city official or county official, as applicable, selected by the legislative body, to mail a single-page notice of intention to create the district to each owner of land within the district. For purposes of this section, the notice of intention shall indicate the physical location or Internet Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection. The notice of intention shall also state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district.
SEC. 64.SEC. 61.Section 53398.61 of the Government Code is amended to read:53398.61.The legislative body shall direct the city official or county official, as applicable, selected by the legislative body, to mail a copy of the resolution to each affected taxing entity.
SEC. 65.SEC. 62.Section 53398.75 of the Government Code is amended to read:53398.75.(a)Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the enhanced infrastructure financing district each year by or for the benefit of the State of California, or any affected taxing entity after the effective date of the resolution adopted pursuant to Section 53398.69 to create the district, shall be divided, subject to the provisions of Section 53993, as follows:
(1)That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of the affected taxing entities upon the total sum of the assessed value of the taxable property in the district as shown upon the assessment roll used in connection with the taxation of the property by the affected taxing entity, last equalized prior to the effective date of the resolution adopted pursuant to Section 53398.69 to create the district, shall be allocated to, and when collected shall be paid to, the respective affected taxing entities as taxes by or for the affected taxing entities on all other property are paid.
(2)That portion of the levied taxes each year specified in the adopted infrastructure financing plan for the city or county and each affected taxing entity that has agreed to participate pursuant to Section 53398.68 in excess of the amount specified in paragraph (1) shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes of the district. Unless and until the total assessed valuation of the taxable property in a district exceeds the total assessed value of the taxable property in the district as shown by the last equalized assessment roll referred to in paragraph (1), all of the taxes levied and collected upon the taxable property in the district shall be paid to the respective affected taxing entities. When the district ceases to exist pursuant to the adopted infrastructure financing plan, all moneys thereafter received from taxes upon the taxable property in the district shall be paid to the respective affected taxing entities as taxes on all other property are paid.
(b)Notwithstanding subdivision (a), where any district boundaries overlap with the boundaries of any former redevelopment project area, any debt or obligation of a district shall be subordinate to any and all enforceable obligations of the former redevelopment agency, as approved by the Oversight Board and the Department of Finance. For the purposes of this chapter, the division of taxes allocated to the district pursuant to subdivision (a) of this section or of subdivision (b) of Section 53396 shall not include any taxes required to be deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund created pursuant to subdivision (b) of Section 34170.5 of the Health and Safety Code.
(c)The legislative body of the city or county forming the district may choose to dedicate any portion of its net available revenue to the district through the financing plan described in Section 53398.63.
(d)For the purposes of this section, net available revenue means periodic distributions to the city or county from the Redevelopment Property Tax Trust Fund, created pursuant to Section 34170.5 of the Health and Safety Code, that are available to the city or county after all preexisting legal commitments and statutory obligations funded from that revenue are made pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. Net available revenue shall not include any funds deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund or funds remaining in the Redevelopment Property Tax Trust Fund prior to distribution. Net available revenues shall not include any moneys payable to a school district that maintains kindergarten and grades 1 to 12, inclusive, community college districts, county office of education, or to the Educational Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183 of the Health and Safety Code.
(e)(1)That portion of any ad valorem property tax revenue annually allocated to a city or county pursuant to Section 97.70 of the Revenue and Taxation Code that is specified in the adopted infrastructure financing plan for the city or county that has agreed to participate pursuant to Section 53398.68, and that corresponds to the increase in the assessed valuation of taxable property shall be allocated to, and, when collected, shall be apportioned to, a special fund of the district for all lawful purposes of the district.
(2)When the district ceases to exist pursuant to the adopted infrastructure financing plan, the revenues described in this subdivision shall be allocated to, and, when collected, shall be apportioned to, the respective city or county.
(f)This section shall not be construed to prevent a district from utilizing revenues from any of the following sources to support its activities provided that the applicable voter approval has been obtained, and the infrastructure financing plan has been approved pursuant to Section 53398.69:
(1)The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).
(2)The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(3)The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(4)The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code).
(5)The Vehicle Parking District Law of 1943 (Part 1 (commencing with Section 31500) of Division 18 of the Streets and Highways Code).
(6)The Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code).
(7)The Park and Playground Act of 1909 (Chapter 7 (commencing with Section 38000) of Part 2 of Division 3 of Title 4 of this code).
(8)The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of this title).
(9)The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of Part 1 of Division 2 of this title).
(10)The so-called facilities benefit assessment levied by the charter city of San Diego or any substantially similar assessment levied for the same purpose by any other charter city pursuant to any ordinance or charter provision.
SEC. 66.SEC. 63.Section 54930 of the Government Code is amended to read:54930.(a)The local agency shall provide notice of a new parcel tax to an owner of a parcel affected by the tax, if that owner does not reside within the jurisdictional boundaries of the taxing entity.
(b)For purposes of this section:
(1)Local agency means any city, county, school district, or special district authorized to impose a parcel tax.
(2)Parcel tax means a tax levied by a local agency upon any parcel of property identified using the assessors parcel number system, or upon any person as an incident of property ownership pursuant to Section 4 of Article XIIIA of the California Constitution, that is collected via the annual property tax bill.
(c)The notice shall include, but is not limited to, all of the following information:
(1)The amount or rate of the parcel tax in sufficient detail to allow each property owner to calculate the amount of the tax to be levied against the owners property.
(2)The method and frequency for collecting the parcel tax, and the duration of time during which the parcel tax will be imposed.
(3)The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the parcel tax.
(d)The notice shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The notice shall be mailed to a property owner, if that owner does not reside within the jurisdictional boundaries of the taxing entity subject to the new tax, whose name and address appears on the last equalized county assessment roll or the State Board of Equalization assessment roll, as applicable. The notice shall be in at least 10-point type, and shall be in one of the following forms:
(1)An envelope or mailing which shall include the name of the local agency and the return address of the sender on the cover.
(2)A postcard, which shall include the name of the local agency and the return address of the sender on the front, and include the following information on the back in this format:
Dear Property Owner: | ||
| 1.Levied at a rate of[Amount or Rate of the Tax] | ||
| 2.Collected[Frequency and Method of Collection] | ||
| 3.Levied[Specify number of years or if indefinitely] | ||
| If you have any questions about the tax, please contact: | ||
| [Name and Telephone Number] | ||
| [Address] | ||
| [Email Address or Website Address] |
(e)The local agency may recover the reasonable costs of the notice required by this section from the proceeds of the parcel tax. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of preparing and mailing the notice.
SEC. 67.SEC. 64.Section 469 of the Revenue and Taxation Code is amended to read:469.(a)The assessor shall annually conduct a significant number of audits of the books and records of taxpayers engaged in a profession, trade, or business who own, claim, possess, or control locally assessable trade fixtures and business tangible personal property in the county to encourage the accurate and proper reporting of property as required by this article. The assessor shall conduct an audit of those taxpayers as provided by subdivision (b).
(1)For purposes of this section, significant number of audits means at least 75 percent of the fiscal year average of the total number of audits the assessor was required to have conducted during the 200203 fiscal year to the 200506 fiscal year, inclusive, on those taxpayers in the county that had a full value of four hundred thousand dollars ($400,000) or more of locally assessable trade fixtures and business tangible personal property.
(2)The assessor is not required to audit a taxpayer that is fully exempt from property taxation under other provisions of law for purposes of the requirements of this section.
(3)If the board audits a taxpayer because the taxpayers assessment was selected in a sampling of assessments from the local assessment rolls pursuant to Section 15640 of the Government Code, that audit may be deemed an audit by the assessor for purposes of the requirements of this section.
(b)Except as provided in subdivision (c), each year the audits required by subdivision (a) shall be conducted in the following manner:
(1)Fifty percent of the audits required by subdivision (a) shall be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county.
(A)This pool of taxpayers shall be determined as follows:
(i)The assessor shall rank all of the taxpayers in the county in descending order by the total locally assessed value of both trade fixtures and business tangible personal property.
(ii)The assessor shall select a qualified number of those taxpayers with the largest assessments for inclusion in the pool. The qualified number shall be that number equal to 50 percent of the audits required by subdivision (a) multiplied by four.
(B)Taxpayers in the pool shall be audited at least once within each four-year period following the latest fiscal year covered by a preceding audit and the audit may combine multiple fiscal years. The assessor is relieved of the requirement to audit the taxpayer at least once every four years if the assessor determines that the taxpayers assessments are no longer large enough for inclusion in the pool.
(2)The remaining 50 percent of the required audits, as determined by paragraph (1) of subdivision (a), shall be selected in a manner that is fair and equitable to all taxpayers and may be based on evidence of underreporting as determined by the assessor.
(3)Nothing in this subdivision is intended to prohibit the audit of any taxpayer more frequently than once every four years.
(c)In order to allow the assessor some discretion in the number of audits completed each fiscal year as long as the four-year total number of audits in each category are complete within a four-year period, as an alternative to the requirement in subdivision (b) the assessor may satisfy these requirements by auditing the four-year total of the significant number of audits at any time within that four-year period. For purposes of this subdivision, the first four-year period shall begin with the 201920 fiscal year.
(d)With respect to any audit of the books of a profession, trade, or business, regardless of the full value of the trade fixtures and business tangible personal property owned, claimed, possessed, or controlled by the taxpayer, the following shall apply:
(1)Upon completion of an audit of the taxpayers books and records, the taxpayer shall be given the assessors findings in writing with respect to data that would alter any previously enrolled assessment.
(2)Equalization of the property by a county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division shall not preclude a subsequent audit and shall not preclude the assessor from levying an escape assessment in appropriate instances, but shall preclude an escape assessment being levied on that portion of the assessment that was the subject of the equalization hearing.
(3)If the result of an audit for any year discloses property subject to an escape assessment, then the original assessment of all property of the assessee at the location of the profession, trade, or business for that year shall be subject to review, equalization and adjustment by the county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division, except in those instances when the property had previously been equalized for the year in question.
(4)If the audit for any particular tax year discloses that the property of the taxpayer was incorrectly valued or misclassified for any cause, to the extent that this error caused the property to be assessed at a higher value than the assessor would have entered on the roll had the incorrect valuation or misclassification not occurred, then the assessor shall notify the taxpayer of the amount of the excess valuation or misclassification, and the fact that a claim for cancellation or refund may be filed with the county as provided by Sections 4986 and 5096.
SEC. 68.SEC. 65.Section 36626 of the Streets and Highways Code is repealed.(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2018.
(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 12463.1 of the Government Code is amended to read:12463.1.(a)The Controller shall appoint an advisory committee consisting of seven local governmental officers to assist him or her in developing complete and adequate records.
(b)Whenever, in the opinion of the advisory committee and the Controller, the public welfare demands that the reports of the financial transactions of a district other than a school district be published, the Controller shall notify the district that reports of its financial transactions are required to be furnished to him or her pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5. A public entity, agency, board, transportation planning agency designated by the Secretary of Transportation pursuant to Section 29532, or commission provided for by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, and a nonprofit corporation as defined in subdivision (d), shall be deemed a district within the meaning of this section. The Controller shall compile and publish these reports pursuant to Section 12463.
(c)The Controller shall make available annually, in a separate report, published in an electronic format on the Controllers Internet Web site, certain financial information about selected special districts. The information provided in this report shall be published no later than June 30 following the end of the annual reporting period and contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements. This report may be included whenever the Controller publishes a report pursuant to this section. The Controller shall include in his or her report information that best illustrates the assets, liabilities, and equity of selected districts. The Controller may also include separate line items for total revenues and total expenditures. This report shall cover the 250 special districts with the largest total revenues for that reporting period. When the report is available, the Controller shall notify the Legislature, in writing, within one week of its publication.
(d)For purposes of this section, nonprofit corporation means any nonprofit corporation (1) formed in accordance with the provisions of a joint powers agreement to carry out functions specified in the agreement; (2) that issued bonds, the interest on which is exempt from federal income taxes, for the purpose of purchasing land as a site for, or purchasing or constructing, a building, stadium, or other facility, that is subject to a lease or agreement with a local public entity; or (3) wholly owned by a public agency.
SEC. 3.Section 17551 of the Government Code is amended to read:17551.(a)The commission, pursuant to the provisions of this chapter, shall hear and decide upon a claim by a local agency or school district that the local agency or school district is entitled to be reimbursed by the state for costs mandated by the state as required by Section 6 of Article XIIIB of the California Constitution.
(b)Except as provided in Sections 17573 and 17574, commission review of claims may be had pursuant to subdivision (a) only if the test claim is filed within the time limits specified in this section.
(c)Local agency and school district test claims shall be filed not later than 12 months following the effective date of a statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later. For purposes of filing a test claim based on the date of incurring increased costs, within 12 months means by June 30 of the fiscal year following the fiscal year in which increased costs were first incurred by the test claimant.
(d)The commission, pursuant to the provisions of this chapter, shall hear and decide upon a claim by a local agency or school district filed on or after January 1, 1985, that the Controller has incorrectly reduced payments to the local agency or school district pursuant to paragraph (2) of subdivision (d) of Section 17561.
SEC. 4.Section 25502.5 of the Government Code is amended to read:25502.5.(a)In counties having a population of 200,000 or more, the board of supervisors may authorize the purchasing agent to engage independent contractors to perform services for the county or county officers, with or without the furnishing of material, when the annual aggregate cost does not exceed one two hundred thousand dollars ($100,000). ($200,000).
(b)The board of supervisors may establish rules and regulations to effectuate the purposes of this section.
SEC. 5.Section 27202 of the Government Code is amended to read:27202.Upon the request of any officer of the United States, the county recorder shall record instruments instruments, papers, or notices to which the United States is a party without payment of the recording fee in advance and shall execute the proper government voucher for payment. Upon payment, the fee shall be transmitted to the Treasurer with the recorders first settlement after the collection.
SEC. 6.Section 27230 of the Government Code is amended to read:27230.The recorder shall procure such any books for records as the business of the recorders office requires, but orders for the books shall first be obtained from the board of supervisors. The books used may contain printed forms of deeds, mortgages, or other instruments instruments, papers, or notices of general use.
SEC. 7.Section 27263 of the Government Code is amended to read:27263.When a conveyance is executed by a sheriff or marshal, the name of the sheriff or marshal and the party charged in the execution shall both be inserted in the index. When an instrument instrument, paper, or notice is recorded to which an executor, administrator, or trustee is a party, the name of the executor, administrator, or trustee and the name of the testator, or intestate, or party for whom the trust is held, shall be inserted in the index. The recorder need not index the name of the trustee in a deed of trust or in a partial or full deed of reconveyance. A trustees deed given upon exercise of the power of sale under any deed of trust shall be indexed under the names of the original trustor and the grantee named therein.
SEC. 8.Section 27287 of the Government Code is amended to read:27287.(a)Unless it belongs to the class provided for in either Sections 27282 to 27286, inclusive, or Section 1202 or 1203, of the Civil Code, or is a fictitious mortgage or deed of trust as provided in Section 2952 or 2963 of the Civil Code, or is a fictitious oil and gas lease as provided in Section 1219 of the Civil Code, or is a claim of lien under Section 8416 of the Civil Code or a notice of completion under Section 8182 or 9204 of the Civil Code, before an instrument instrument, paper, or notice can be recorded recorded, its execution shall be acknowledged by the person executing it, or if executed by a corporation, by its president or secretary or other person executing it on behalf of the corporation, or, except corporation.
(b)Except for any power of attorney, quitclaim deed, grant deed, mortgage, deed of trust, security agreement, or other document affecting real property, execution may be proved by a subscribing witness or as provided in Sections 1198 and 1199 of the Civil Code, and the acknowledgment or proof certified as prescribed by law. This section subdivision shall not apply to a trustees deed resulting from a decree of foreclosure, or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, or to a deed of reconveyance.
SEC. 9.Section 27293 of the Government Code is amended to read:27293.(a)(1)Except as otherwise provided in subdivision (b), if an instrument instrument, paper, or notice intended for record is executed or certified in whole or in part in a language other than English, the recorder shall not accept the instrument instrument, paper, or notice for record.
(2)(A)A translation in English of an instrument instrument, paper, or notice executed or certified in whole or in part in a language other than English may be presented to the county clerk for verification that the translation was performed by a certified or registered court interpreter, as described in Section 68561, or by an accredited translator registered with the American Translators Association. The translation shall be accompanied by a notarized declaration by the interpreter or translator that the translation is true and accurate, and includes the certification, qualification, or registration of the interpreter or translator. The clerk shall consult an Internet Web site maintained by the Judicial Council or the American Translators Association in verifying the certification, qualification, or registration of the interpreter or translator.
(B)Upon verification that the translation was performed by an interpreter or translator described in subparagraph (A), and that the translation is accompanied by a notarized declaration as required pursuant to subparagraph (A), the clerk shall duly make certification of that verification under seal of the county, attach the certification to the translation, and attach the certified translation to the original instrument. instrument, paper, or notice.
(C)For this verification and certification, a fee of ten dollars ($10) shall be paid to the county clerk for each document submitted for certification. The attached original instrument instrument, paper, or notice and certified translation may be presented to the recorder, and, upon payment of the usual fees, the recorder shall accept and permanently file the instrument instrument, paper, or notice and record the certified translation. The recording of the certified translation gives notice and is of the same effect as the recording of an original instrument. instrument, paper, or notice. Certified copies of the recorded translation may be recorded in other counties, with the same effect as the recording of the original translation, provided, however, that in those counties where a photostatic or photographic method of recording is employed, the whole instrument, paper, or notice including the foreign language and the translation, may be recorded, and the original instrument instrument, paper, or notice returned to the party leaving it for record or upon his or her order.
(b)The provisions of subdivision (a) do not apply to any instrument instrument, paper, or notice offered for record that contains provisions in English and a translation of the English provisions in a language other than English, provided that the English provisions and the translation thereof are specifically set forth in state or federal law.
(c)The county clerk is not required to issue a translation certificate if he or she is unable to confirm the certification, registration, or accreditation of the translator, as required in subdivision (a).
SEC. 10.Section 27294 of the Government Code is amended to read:27294.In all cases the recorder shall endorse the amount of his the fee for recordation on the instrument instrument, paper, or notice recorded.
SEC. 11.Section 27320 of the Government Code is amended to read:27320.When any instrument instrument, paper, or notice authorized by law to be recorded is deposited in the recorders office for record, the recorder shall endorse upon it in the order in which it is deposited, the year, month, day, hour, and minute of its reception, and the amount of fees for recording. The recorder shall record it without delay, together with the acknowledgements, proofs, certificates, and prior recording data written upon or annexed to it, with the plats, surveys, schedules, and other papers thereto annexed, and shall note on the record its identification number. Efforts shall be made to assign identification numbers sequentially, but an assignment of a nonsequential number may be made if not in violation of express recording instructions regarding a group of concurrently recorded instruments instruments, papers, or notices and if, in the discretion of the county recorder, such that assignment best serves the interest of expeditious recording.
SEC. 12.Section 27321 of the Government Code is amended to read:27321.(a)The recorder shall endorse upon each instrument instrument, paper, or notice the identification number or book and page where it is recorded, and shall thereafter mail it to the person named in the instrument instrument, paper, or notice for return mail, or deliver it to the party presenting it for record.
(b)Where any recorded instrument instrument, paper, or notice or document effectuating a change in ownership is not accompanied by a change in ownership statement, the recorder shall either include with the return of any such recorded instrument instrument, paper, or notice or document a change in ownership statement as provided in Section 480 of the Revenue and Taxation Code or specifically identify those recorded documents not accompanied by an ownership statement when providing the assessor with a copy of the transfer of ownership document pursuant to Section 255.7 of the Revenue and Taxation Code.
SEC. 13.Section 27322.3 of the Government Code is amended to read:27322.3.If the recorded instruments instruments, papers, or notices or the record books in the office of the recorder have been microfilmed for preservation purposes, a type of record book may be used which that will permit the removal of leaves in order that reproduction may be made in an efficient manner.
In order to microfilm or otherwise reproduce the record books for preservation purposes, permanently bound record books may be disassembled and after they have been copied such the books shall be rebound in a type of record book which that will permit the removal of leaves in order that reproduction may be made in an efficient manner.
SEC. 14.Section 27323 of the Government Code is amended to read:27323.The recorder may segregate the instruments, papers, and notices and record them in separate books, or sheets or rolls of film under titles of indices provided for in Article 2 of this chapter.
In lieu thereof the recorder may record any or all of the instruments, papers papers, or notices in one general series of books or film to be called official records. The series shall be numbered consecutively beginning with number one. The recording of instruments instruments, papers, or notices in official records imparts notice in like manner and effect as if the instruments instruments, papers, or notices were recorded in separate books or film.
If a system of microphotography is used to record any instruments, papers papers, or notices, each original roll of film thereof kept by the recorder shall be given a separate number, and shall be called a book, film, reel, or shall be similarly designated, and each page of such the instrument, paper paper, or notice shall be called a page, image or similar designation. Whenever under any law it is required that an instrument, paper, or notice be identified or referred to as recorded in a book or page or both, it shall be sufficient for purposes of identification and of compliance with such that law that reference be made to such the instrument, paper paper, or notice by the designations adopted by the recorder pursuant to the provisions of this section.
SEC. 15.Section 27327 of the Government Code is amended to read:27327.Any instrument instrument, paper, or notice filed for record in the office of the county recorder of the county where it is entitled to record and which that is copied into a book of record other than that designated by law, but which that is thereafter indexed in the proper book of indices, imparts notice of its contents to all persons from the date of such indexing, and any subsequent purchaser, mortgagee, lien-holder, and encumbrancer purchases and takes with the same notice and effect as if the instrument instrument, paper, or notice were copied or recorded in the proper book of record.
SEC. 16.Section 27329 of the Government Code is amended to read:27329.(a)If any record of an instrument instrument, paper, or notice is lost, injured, or destroyed by conflagration or other public calamity, the recorder shall record any instrument instrument, paper, or notice of writing entitled to record pursuant to this chapter which: that:
(a)(1)Has been previously recorded in his the recorders office.
(b)(2)When it is presented to him the recorder for record and is duly certified by the recorder of any other county of this State as being of record in his the recorders office.
(b)In recording the instrument, paper, or notice the recorder shall record all certificates attached thereto and all endorsements thereon, and if any of the certificates or endorsements show the previous recording in the county where the instrument instrument, paper, or notice or the certified copy of the instrument instrument, paper, or notice is presented for record, the date appearing in the certificate or endorsement of such the record shall be taken as the date of recording in the county, where the instrument instrument, paper, or notice or the certified copy of the instrument instrument, paper, or notice is presented for record. Such The record and certified copy, duly certified by the recorder under his the seal of office, may be introduced in evidence with the same force and effect as the original record or certified copy of the original record.
(c)The recorder shall receive for his the same fees for services pursuant to this section the same fees as he as the recorder is entitled to receive for recording instruments instruments, papers, or notices of like character.
SEC. 17.Section 27397 of the Government Code is amended to read:27397.(a)A county establishing an electronic recording delivery system under pursuant to this article shall pay for the direct cost of regulation and oversight by the Attorney General.
(b)The Attorney General may charge a fee directly to a vendor seeking approval of software and other services as part of an electronic recording delivery system. The fee shall not exceed the reasonable costs of approving software or other services for vendors.
(c)In order to pay costs under this section, a county may do any of the following:
(1)Impose a fee in an amount up to and including one dollar ($1) for each instrument instrument, paper, or notice that is recorded by the county. This fee may, at the countys discretion, be limited to instruments instruments, papers, or notices that are recorded pursuant to the electronic recording delivery system.
(2)Impose a fee upon any vendor seeking approval of software and other services as part of an electronic recording delivery system.
(3)Impose a fee upon any person seeking to contract as an authorized submitter.
(d)The total fees assessed by a county recorder pursuant to this section may not exceed the reasonable total costs of the electronic recording delivery system, the review and approval of vendors and potential authorized submitters, security testing as required by this article and the regulations of the Attorney General, and reimbursement to the Attorney General for regulation and oversight of the electronic recording delivery system.
(e)Fees paid to the Attorney General pursuant to subdivisions (a) and (b) shall be deposited in the Electronic Recording Authorization Fund which is hereby created in the State Treasury, and, notwithstanding Section 13340, is continuously appropriated, without regard to fiscal years, to the Attorney General for the costs described in those subdivisions. Moneys deposited in the Electronic Recording Authorization Account prior to the effective date of the amendments to this subdivision made during the 2015 Regular Session shall be immediately transferred to the Electronic Recording Authorization Fund.
SEC. 4.SEC. 18.Section 34090 of the Government Code is amended to read:34090.Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book, or paper, under the department heads charge, without making a copy thereof, after the same is no longer required.
This section does not authorize the destruction of:
(a)Records affecting the title to real property or liens thereon.
(b)Court records.
(c)Records required to be kept by statute.
(d)Records less than two years old.
(e)The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.
This section shall not be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books books, and papers in accordance with the procedure therein prescribed.
SEC. 5.SEC. 19.Section 34093 of the Government Code is amended to read:34093.As used in this section, petition means any petition prescribed, by statute or city charter, as a necessary prerequisite to the institution of proceedings by the city, and includes, but is not limited to, initiative petitions, referendum petitions, recall petitions, petitions pertaining to the annexation of territory to a city, the consolidation of cities, or the dissolution of a city, and petitions to institute proceedings under an improvement act.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who, circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition, willfully misrepresents or willfully makes any false statement concerning the contents, purport, or effect of the petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for a signature.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names.
SEC. 6.SEC. 20.Section 34852 of the Government Code is amended to read:34852.The ordinance shall define the powers and duties of the city manager and may fix the city managers compensation or the minimum amount the city manager is to receive.
SEC. 7.SEC. 21.Section 34855 of the Government Code is amended to read:34855.Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the time of appointment.
SEC. 8.SEC. 22.Section 34857 of the Government Code is amended to read:34857.Upon appointment of the city manager, the terms of subordinate officers over whom the city manager has power of appointment and removal cease, unless they are reappointed.
SEC. 9.SEC. 23.Section 36522 of the Government Code is amended to read:36522.Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner prescribed by ordinance for the benefit of the funds to which it belongs. The officer or employee shall report any deposits to, and settle with, the city clerk, or director of finance if that office has been established by ordinance, on the first Monday in each month or at shorter intervals as are prescribed by ordinance.
SEC. 10.SEC. 24.Section 36802 of the Government Code is amended to read:36802.The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor.
SEC. 11.SEC. 25.Section 37107 of the Government Code is amended to read:37107.The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear, commanding the sheriff to attach the person, and forthwith bring the person before the judge.
SEC. 12.SEC. 26.Section 37547 of the Government Code is amended to read:37547.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 13.SEC. 27.Section 37607 of the Government Code is amended to read:37607.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 14.SEC. 28.Section 37683 of the Government Code is amended to read:37683.The legislative body shall appoint the city clerk or a competent resident of the city to administer the fund. The person appointed shall execute an official bond in the amount prescribed by the legislative body and shall receive one dollar ($1) annually for each plot cared for, to be paid only from the income of the fund.
SEC. 15.SEC. 29.Section 38400 of the Government Code is amended to read:38400.As used in this article, original dedicator includes any person, or that persons successors and assigns, who has dedicated any land in the city for use as a public park.
SEC. 16.SEC. 30.Section 38406 of the Government Code is amended to read:38406.At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting. Failure of an interested person to protest is conclusive evidence that the person consents to the abandonment.
SEC. 17.SEC. 31.Section 38741 of the Government Code is amended to read:38741.Before a resolution or ordinance relating to the joint acquisition of a water supply is binding upon a city, it shall be approved by the mayor or passed over the mayors veto pursuant to the charter provision or general law for the passage of ordinances.
SEC. 18.SEC. 32.Section 38780 of the Government Code is amended to read:38780.A city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or the owners authorized agent shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classifications of the property.
SEC. 19.SEC. 33.Section 38782 of the Government Code is amended to read:38782.The ordinance may require payment of a reasonable fee by the owner, or the owners authorized agent, for the issuance of the reports.
SEC. 20.SEC. 34.Section 39501 of the Government Code is amended to read:39501.The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks. If the person compelled by the legislative body defaults, after notice prescribed by the legislative body, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growths at that persons expense by a city officer. The legislative body may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds.
SEC. 21.SEC. 35.Section 39560 of the Government Code is amended to read:39560.(a)Superintendent means street superintendent, the superintendents assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent.
(b)Weeds means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.
(c)Street includes public street, alley, lane, court court, or other place.
(d)In front of which the nuisance exists includes to the rear of or abutting the property upon which the nuisance exists.
SEC. 22.SEC. 36.Section 39564 of the Government Code is amended to read:39564.After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The superintendent shall post:
(a)One notice to each separately owned parcel of property of not over fifty feet frontage.
(b)Not more than two notices to any parcel of one hundred feet frontage or less.
(c)Notices at not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet.
SEC. 23.SEC. 37.Section 39573 of the Government Code is amended to read:39573.Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owners own expense. Nevertheless, in any case in which an order to abate is issued, the legislative body by motion or resolution may further order that a special assessment and lien be imposed pursuant to Section 39577. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical clerical, and other related costs.
SEC. 24.SEC. 38.Section 39574 of the Government Code is amended to read:39574.The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work. The superintendent shall submit to the legislative body for confirmation an itemized written report showing the cost of the abatement.
SEC. 25.SEC. 39.Section 39901 of the Government Code is amended to read:39901.A city whose limits include or bound upon a harbor, bay, estuary, or other navigable body of water may:
(a)Establish, acquire, construct, improve, and maintain in, upon, and along the body of water, piers, docks, wharves, bulkheads, quays, and other necessary works.
(b)Construct, improve, dredge, deepen, or straighten, channels, turning basins, canals, slips, and waterways to, from, and along such works and connecting with any other navigable water within or without the city limits.
(c)Do any thing necessary or convenient to the establishment, improvement, conduct, and maintenance of a harbor, and in furtherance of commerce and navigation.
This section does not affect or limit a persons use and enjoyment of property rights, nor grant a city the right to destroy, injure, impair, or interfere with any private or quasi-public property or property rights, leasehold, or otherwise, or to the use and enjoyment of the property.
SEC. 26.SEC. 40.Section 40537 of the Government Code is amended to read:40537.Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be taken before the clerk, any member of the commission, or any officer authorized by law to administer oaths.
SEC. 27.SEC. 41.Section 40538 of the Government Code is amended to read:40538.The bond of the treasurer of the local agency shall cover the treasurers duties as ex officio treasurer of the authority.
SEC. 28.SEC. 42.Section 40539 of the Government Code is amended to read:40539.If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment.
SEC. 29.SEC. 43.Section 40603 of the Government Code is amended to read:40603.The mayor may administer oaths and affirmations, take affidavits, and certify them.
SEC. 30.SEC. 44.Section 40604 of the Government Code is amended to read:40604.The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged.
SEC. 31.SEC. 45.Section 40804 of the Government Code is amended to read:40804.The city clerk shall cause a summary of the citys financial report required by Section 53891, in a form prescribed by the State Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000), Chapter 1, Division 7, 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code. If there is no newspaper, the city clerk shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices.
SEC. 32.SEC. 46.Section 40806 of the Government Code is amended to read:40806.The city clerk shall keep a book marked ordinances and record in it all city ordinances with a certificate annexed to each, stating:
(a)It is a true and correct copy of a city ordinance.
(b)The ordinance number.
(c)It has been published or posted pursuant to law.
SEC. 33.SEC. 47.Section 40812 of the Government Code is amended to read:40812.The city clerk shall perform any additional duties as are prescribed by ordinance.
SEC. 34.SEC. 48.Section 40813 of the Government Code is amended to read:40813.The city clerk may appoint deputies, for whose acts the city clerk and the city clerks bondspersons are responsible. The deputies shall hold office at the pleasure of the city clerk and receive the compensation as provided by the legislative body.
SEC. 35.SEC. 49.Section 40814 of the Government Code is amended to read:40814.The city clerk and the city clerks deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before a city clerk and the city clerks deputies within the city in which they were elected or appointed.
SEC. 36.SEC. 50.Section 41204 of the Government Code is amended to read:41204.The assessor shall verify the list with an oath and deposit it with the city clerk on or before July 1st.
SEC. 37.SEC. 51.Section 41205 of the Government Code is amended to read:41205.The assessor and the assessors deputies may administer oaths and affirmations necessary in the performance of their duties.
SEC. 38.SEC. 52.Section 41602 of the Government Code is amended to read:41602.The chief of polices lawful orders shall be promptly executed by deputies, police officers, and watchmen watchpersons in the city. Every citizen shall also lend aid when required for the arrest of offenders and maintenance of public order.
SEC. 39.SEC. 53.Section 41603 of the Government Code is amended to read:41603.The chief of police shall execute and return all process issued and directed to the chief of police by legal authority.
SEC. 40.SEC. 54.Section 41605 of the Government Code is amended to read:41605.The chief of police has charge of the prisoners and of any city jail established by the legislative body.
SEC. 41.SEC. 55.Section 41608 of the Government Code is amended to read:41608.The chief of police shall keep a detailed and up-to-date record of all fees for service of process or other money collected by the police department or paid to the chief of police in his or her official capacity. The record shall be open for public inspection during office hours.
SEC. 42.SEC. 56.Section 41609 of the Government Code is amended to read:41609.The chief of police shall immediately deposit with the city treasurer all money collected by the police department as required by ordinance.
SEC. 43.SEC. 57.Section 41610 of the Government Code is amended to read:41610.At least once a month, the chief of police shall file with the city clerk a detailed statement of all money handled in an official capacity during the preceding month.
SEC. 44.SEC. 58.Section 41611 of the Government Code is amended to read:41611.The chief of police shall perform any other services required by general law and the city ordinances.
SEC. 45.SEC. 59.Section 41803.7 of the Government Code is amended to read:41803.7.Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, the city attorney shall have the power to issue subpoenas in a like manner as the district attorney.
SEC. 46.SEC. 60.Section 43625 of the Government Code is amended to read:43625.All signatures and countersignatures except that of the clerk or the clerks deputy may be printed, lithographed, or engraved.
SEC. 47.SEC. 61.Section 43626 of the Government Code is amended to read:43626.If any officer whose signature or countersignature appears on bonds or coupons ceases to be an officer before delivery of the bonds, that officers signature is as effective as if the officer had remained in office.
SEC. 48.SEC. 62.Section 53343.2 of the Government Code is amended to read:53343.2.A local agency that has an Internet Web site, within seven months after the last day of each fiscal year of the district, shall display prominently on its Internet Web site all of the following information:
(a)A copy of an annual report for that fiscal year if requested pursuant to Section 53343.1.
(b)A copy of the report provided to the California Debt and Investment Advisory Commission pursuant to Section 53359.5. A local agency may comply with this subdivision by providing a link to the Treasurers Internet Web site that contains the specified information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(c)A copy of the report provided to the Controllers office pursuant to Section 12463.2.
SEC. 49.SEC. 63.Section 53398.60 of the Government Code is amended to read:53398.60.(a)The legislative body shall direct the city clerk or county recorder, official or county official, as applicable, selected by the legislative body, to mail a copy of the resolution of intention to create the district to each owner of land within the district.
(b)As an alternative to mailing a copy of the resolution of intention pursuant to subdivision (a), the legislative body may direct the city clerk or county recorder, official or county official, as applicable, selected by the legislative body, to mail a single-page notice of intention to create the district to each owner of land within the district. For purposes of this section, the notice of intention shall indicate the physical location or Internet Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection. The notice of intention shall also state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district.
SEC. 64.Section 53398.61 of the Government Code is amended to read:53398.61.The legislative body shall direct the city clerk or county recorder, official or county official, as applicable, selected by the legislative body, to mail a copy of the resolution to each affected taxing entity.
SEC. 50.SEC. 65.Section 53398.75 of the Government Code is amended to read:53398.75.(a)Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the enhanced infrastructure financing district each year by or for the benefit of the State of California, or any affected taxing entity after the effective date of the resolution adopted pursuant to Section 53398.69 to create the district, shall be divided, subject to the provisions of Section 53993, as follows:
(1)That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of the affected taxing entities upon the total sum of the assessed value of the taxable property in the district as shown upon the assessment roll used in connection with the taxation of the property by the affected taxing entity, last equalized prior to the effective date of the resolution adopted pursuant to Section 53398.69 to create the district, shall be allocated to, and when collected shall be paid to, the respective affected taxing entities as taxes by or for the affected taxing entities on all other property are paid.
(2)That portion of the levied taxes each year specified in the adopted infrastructure financing plan for the city or county and each affected taxing entity that has agreed to participate pursuant to Section 53398.68 in excess of the amount specified in paragraph (1) shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes of the district. Unless and until the total assessed valuation of the taxable property in a district exceeds the total assessed value of the taxable property in the district as shown by the last equalized assessment roll referred to in paragraph (1), all of the taxes levied and collected upon the taxable property in the district shall be paid to the respective affected taxing entities. When the district ceases to exist pursuant to the adopted infrastructure financing plan, all moneys thereafter received from taxes upon the taxable property in the district shall be paid to the respective affected taxing entities as taxes on all other property are paid.
(b)Notwithstanding subdivision (a), where any district boundaries overlap with the boundaries of any former redevelopment project area, any debt or obligation of a district shall be subordinate to any and all enforceable obligations of the former redevelopment agency, as approved by the Oversight Board and the Department of Finance. For the purposes of this chapter, the division of taxes allocated to the district pursuant to subdivision (a) of this section or of subdivision (b) of Section 53396 shall not include any taxes required to be deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund created pursuant to subdivision (b) of Section 34170.5 of the Health and Safety Code.
(c)The legislative body of the city or county forming the district may choose to dedicate any portion of its net available revenue to the district through the financing plan described in Section 53398.63.
(d)For the purposes of this section, net available revenue means periodic distributions to the city or county from the Redevelopment Property Tax Trust Fund, created pursuant to Section 34170.5 of the Health and Safety Code, that are available to the city or county after all preexisting legal commitments and statutory obligations funded from that revenue are made pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. Net available revenue shall not include any funds deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund or funds remaining in the Redevelopment Property Tax Trust Fund prior to distribution. Net available revenues shall not include any moneys payable to a school district that maintains kindergarten and grades 1 to 12, inclusive, community college districts, county office of education, or to the Educational Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183 of the Health and Safety Code.
(e)(1)That portion of any ad valorem property tax revenue annually allocated to a city or county pursuant to Section 97.70 of the Revenue and Taxation Code that is specified in the adopted infrastructure financing plan for the city or county that has agreed to participate pursuant to Section 53398.68, and that corresponds to the increase in the assessed valuation of taxable property shall be allocated to, and, when collected, shall be apportioned to, a special fund of the district for all lawful purposes of the district.
(2)When the district ceases to exist pursuant to the adopted infrastructure financing plan, the revenues described in this subdivision shall be allocated to, and, when collected, shall be apportioned to, the respective city or county.
(f)This section shall not be construed to prevent a district from utilizing revenues from any of the following sources to support its activities provided that the applicable voter approval has been obtained, and the infrastructure financing plan has been approved pursuant to Section 53398.69:
(1)The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).
(2)The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(3)The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(4)The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code).
(5)The Vehicle Parking District Law of 1943 (Part 1 (commencing with Section 31500) of Division 18 of the Streets and Highways Code).
(6)The Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code).
(7)The Park and Playground Act of 1909 (Chapter 7 (commencing with Section 38000) of Part 2 of Division 3 of Title 4 of this code).
(8)The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of this title).
(9)The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of Part 1 of Division 2 of this title).
(10)The so-called facilities benefit assessment levied by the charter city of San Diego or any substantially similar assessment levied for the same purpose by any other charter city pursuant to any ordinance or charter provision.
SEC. 66.Section 54930 of the Government Code is amended to read:54930.(a)The legislative body of a local agency shall provide notice of a new parcel tax to an owner of a parcel affected by the tax, if that owner does not reside within the jurisdictional boundaries of the taxing entity.
(b)For purposes of this section:
(1)Local agency means any city, county, school district, or special district authorized to impose a parcel tax.
(2)Parcel tax means a tax levied by a local agency upon any parcel of property identified using the assessors parcel number system, or upon any person as an incident of property ownership pursuant to Section 4 of Article XIIIA of the California Constitution, that is collected via the annual property tax bill.
(c)The notice shall include, but is not limited to, all of the following information:
(1)The amount or rate of the parcel tax in sufficient detail to allow each property owner to calculate the amount of the tax to be levied against the owners property.
(2)The method and frequency for collecting the parcel tax, and the duration of time during which the parcel tax will be imposed.
(3)The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the parcel tax.
(d)The notice shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The notice shall be mailed to a property owner, if that owner does not reside within the jurisdictional boundaries of the taxing entity subject to the new tax, whose name and address appears on the last equalized county assessment roll or the State Board of Equalization assessment roll, as applicable. The notice shall be in at least 10-point type, and shall be in one of the following forms:
(1)An envelope or mailing which shall include the name of the local agency and the return address of the sender on the cover.
(2)A postcard, which shall include the name of the local agency and the return address of the sender on the front, and include the following information on the back in this format:
Dear Property Owner: | ||
| 1.Levied at a rate of[Amount or Rate of the Tax] | ||
| 2.Collected[Frequency and Method of Collection] | ||
| 3.Levied[Specify number of years or if indefinitely] | ||
| If you have any questions about the tax, please contact: | ||
| [Name and Telephone Number] | ||
| [Address] | ||
| [Email Address or Website Address] |
(e)The local agency may recover the reasonable costs of the notice required by this section from the proceeds of the parcel tax. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of preparing and mailing the notice.
SEC. 51.SEC. 67.Section 469 of the Revenue and Taxation Code is amended to read:469.(a)The assessor shall annually conduct a significant number of audits of the books and records of taxpayers engaged in a profession, trade, or business who own, claim, possess, or control locally assessable trade fixtures and business tangible personal property in the county to encourage the accurate and proper reporting of property as required by this article. The assessor shall conduct an audit of those taxpayers as provided by subdivision (b).
(1)For purposes of this section, significant number of audits means at least 75 percent of the fiscal year average of the total number of audits the assessor was required to have conducted during the 200203 fiscal year to the 200506 fiscal year, inclusive, on those taxpayers in the county that had a full value of four hundred thousand dollars ($400,000) or more of locally assessable trade fixtures and business tangible personal property.
(2)The assessor is not required to audit a taxpayer that is fully exempt from property taxation under other provisions of law for purposes of the requirements of this section.
(3)If the board audits a taxpayer because the taxpayers assessment was selected in a sampling of assessments from the local assessment rolls pursuant to Section 15640 of the Government Code, that audit may be deemed an audit by the assessor for purposes of the requirements of this section.
(b)Except as provided in subdivision (c), each year the audits required by subdivision (a) shall be conducted in the following manner:
(1)Fifty percent of the audits required by subdivision (a) shall be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county.
(A)This pool of taxpayers shall be determined as follows:
(i)The assessor shall rank all of the taxpayers in the county in descending order by the total locally assessed value of both trade fixtures and business tangible personal property.
(ii)The assessor shall select a qualified number of those taxpayers with the largest assessments for inclusion in the pool. The qualified number shall be that number equal to 50 percent of the audits required by subdivision (a) multiplied by four.
(B)Taxpayers in the pool shall be audited at least once within each four-year period following the latest fiscal year covered by a preceding audit and the audit may combine multiple fiscal years. The assessor is relieved of the requirement to audit the taxpayer at least once every four years if the assessor determines that the taxpayers assessments are no longer large enough for inclusion in the pool.
(2)The remaining 50 percent of the required audits, as determined by paragraph (1) of subdivision (a), shall be selected in a manner that is fair and equitable to all taxpayers and may be based on evidence of underreporting as determined by the assessor.
(3)Nothing in this subdivision is intended to prohibit the audit of any taxpayer more frequently than once every four years.
(c)In order to allow the assessor some discretion in the number of audits completed each fiscal year as long as the four-year total number of audits in each category are complete within a four-year period, as an alternative to the requirement in subdivision (b) the assessor may do both of the following: satisfy these requirements by auditing the four-year total of the significant number of audits at any time within that four-year period. For purposes of this subdivision, the first four-year period shall begin with the 201920 fiscal year.
(1)Satisfy the requirement of paragraph (1) of subdivision (b) by auditing 50 percent of the four-year total of the significant number of audits in paragraph (1) of subdivision (a) of the largest assessments within a four-year period.(2)Satisfy the requirement of paragraph (2) of subdivision (b) by auditing 50 percent of the four-year total of the significant number of audits in paragraph (1) of the remaining 50 percent of the required audits within a four-year period.(d)With respect to any audit of the books of a profession, trade, or business, regardless of the full value of the trade fixtures and business tangible personal property owned, claimed, possessed, or controlled by the taxpayer, the following shall apply:
(1)Upon completion of an audit of the taxpayers books and records, the taxpayer shall be given the assessors findings in writing with respect to data that would alter any previously enrolled assessment.
(2)Equalization of the property by a county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division shall not preclude a subsequent audit and shall not preclude the assessor from levying an escape assessment in appropriate instances, but shall preclude an escape assessment being levied on that portion of the assessment that was the subject of the equalization hearing.
(3)If the result of an audit for any year discloses property subject to an escape assessment, then the original assessment of all property of the assessee at the location of the profession, trade, or business for that year shall be subject to review, equalization and adjustment by the county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division, except in those instances when the property had previously been equalized for the year in question.
(4)If the audit for any particular tax year discloses that the property of the taxpayer was incorrectly valued or misclassified for any cause, to the extent that this error caused the property to be assessed at a higher value than the assessor would have entered on the roll had the incorrect valuation or misclassification not occurred, then the assessor shall notify the taxpayer of the amount of the excess valuation or misclassification, and the fact that a claim for cancellation or refund may be filed with the county as provided by Sections 4986 and 5096.
SEC. 52.SEC. 68.Section 36626 of the Streets and Highways Code is repealed.(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2018.
(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 12463.1 of the Government Code is amended to read:12463.1.(a)The Controller shall appoint an advisory committee consisting of seven local governmental officers to assist him or her in developing complete and adequate records.
(b)Whenever, in the opinion of the advisory committee and the Controller, the public welfare demands that the reports of the financial transactions of a district other than a school district be published, the Controller shall notify the district that reports of its financial transactions are required to be furnished to him or her pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5. A public entity, agency, board, transportation planning agency designated by the Secretary of Transportation pursuant to Section 29532, or commission provided for by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, and a nonprofit corporation as defined in subdivision (d), shall be deemed a district within the meaning of this section. The Controller shall compile and publish these reports pursuant to Section 12463.
(c)The Controller shall make available annually, in a separate report, published in an electronic format on the Controllers Web site, certain financial information about selected special districts. The information provided in this report shall be published no later than June 30 following the end of the annual reporting period. period and contain information consistent with generally accepted accounting principles and Governmental Accounting Standards Board statements. This report may be included whenever the Controller publishes a report pursuant to this section. The Controller shall include in his or her report information that best illustrates the assets, liabilities, and equity of selected districts. Specifically, the Controller shall include in this report a breakdown of each special districts (1) fund balance, which shall include the reserved and unreserved funds, typical for a nonenterprise district; (2) retained earnings, which shall include the reserved and unreserved funds, typical for enterprise districts; (3) fixed assets; and (4) cash and investments. The Controller may also include separate line items for total revenues and total expenditures. This report shall cover the 250 special districts with the largest total revenues for that reporting period. When the report is available, the Controller shall notify the Legislature, in writing, within one week of its publication.
(d)For purposes of this section, nonprofit corporation means any nonprofit corporation (1) formed in accordance with the provisions of a joint powers agreement to carry out functions specified in the agreement; (2) that issued bonds, the interest on which is exempt from federal income taxes, for the purpose of purchasing land as a site for, or purchasing or constructing, a building, stadium, or other facility, that is subject to a lease or agreement with a local public entity; or (3) wholly owned by a public agency.
SEC. 3.Section 17551 of the Government Code is amended to read:17551.(a)The commission, pursuant to the provisions of this chapter, shall hear and decide upon a claim by a local agency or school district that the local agency or school district is entitled to be reimbursed by the state for costs mandated by the state as required by Section 6 of Article XIIIB of the California Constitution.
(b)Except as provided in Sections 17573 and 17574, commission review of claims may be had pursuant to subdivision (a) only if the test claim is filed within the time limits specified in this section.
(c)Local agency and school district test claims shall be filed not later than 12 months following the effective date of a statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later. For purposes of filing a test claim based on the date of incurring increased costs, within 12 months means by June 30 of the fiscal year following the fiscal year in which increased costs were first incurred by the test claimant.
(d)The commission, pursuant to the provisions of this chapter, shall hear and decide upon a claim by a local agency or school district filed on or after January 1, 1985, that the Controller has incorrectly reduced payments to the local agency or school district pursuant to paragraph (2) of subdivision (d) of Section 17561.
SEC. 2.SEC. 4.Section 34090 of the Government Code is amended to read:34090.Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book, or paper, under the department heads charge, without making a copy thereof, after the same is no longer required.
This section does not authorize the destruction of:
(a)Records affecting the title to real property or liens thereon.
(b)Court records.
(c)Records required to be kept by statute.
(d)Records less than two years old.
(e)The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.
This section shall not be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books and papers in accordance with the procedure therein prescribed.
SEC. 3.SEC. 5.Section 34093 of the Government Code is amended to read:34093.As used in this section, petition means any petition prescribed, by statute or city charter, as a necessary prerequisite to the institution of proceedings by the city, and includes, but is not limited to, initiative petitions, referendum petitions, recall petitions, petitions pertaining to the annexation of territory to a city, the consolidation of cities, or the dissolution of a city, and petitions to institute proceedings under an improvement act.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who, circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition, willfully misrepresents or willfully makes any false statement concerning the contents, purport, or effect of the petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for a signature.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names.
SEC. 4.SEC. 6.Section 34852 of the Government Code is amended to read:34852.The ordinance shall define the powers and duties of the city manager and may fix the city managers compensation or the minimum amount the city manager is to receive.
SEC. 5.SEC. 7.Section 34855 of the Government Code is amended to read:34855.Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the time of appointment.
SEC. 6.SEC. 8.Section 34857 of the Government Code is amended to read:34857.Upon appointment of the city manager, the terms of subordinate officers over whom the city manager has power of appointment and removal cease, unless they are reappointed.
SEC. 7.SEC. 9.Section 36522 of the Government Code is amended to read:36522.Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner prescribed by ordinance for the benefit of the funds to which it belongs. The officer or employee shall report any deposits to, and settle with, the city clerk, or director of finance if that office has been established by ordinance, on the first Monday in each month or at shorter intervals as are prescribed by ordinance.
SEC. 8.SEC. 10.Section 36802 of the Government Code is amended to read:36802.The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor.
SEC. 9.SEC. 11.Section 37107 of the Government Code is amended to read:37107.The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear, commanding the sheriff to attach the person, and forthwith bring the person before the judge.
SEC. 10.SEC. 12.Section 37547 of the Government Code is amended to read:37547.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 11.SEC. 13.Section 37607 of the Government Code is amended to read:37607.The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the presidents absence, the board shall select a president pro tempore.
SEC. 12.SEC. 14.Section 37683 of the Government Code is amended to read:37683.The legislative body shall appoint the city clerk or a competent resident of the city to administer the fund. The person appointed shall execute an official bond in the amount prescribed by the legislative body and shall receive one dollar ($1) annually for each plot cared for, to be paid only from the income of the fund.
SEC. 13.SEC. 15.Section 38400 of the Government Code is amended to read:38400.As used in this article, original dedicator includes any person, or that persons successors and assigns, who has dedicated any land in the city for use as a public park.
SEC. 14.SEC. 16.Section 38406 of the Government Code is amended to read:38406.At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting. Failure of an interested person to protest is conclusive evidence that the person consents to the abandonment.
SEC. 15.SEC. 17.Section 38741 of the Government Code is amended to read:38741.Before a resolution or ordinance relating to the joint acquisition of a water supply is binding upon a city, it shall be approved by the mayor or passed over the mayors veto pursuant to the charter provision or general law for the passage of ordinances.
SEC. 16.SEC. 18.Section 38780 of the Government Code is amended to read:38780.A city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or the owners authorized agent shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classifications of the property.
SEC. 17.SEC. 19.Section 38782 of the Government Code is amended to read:38782.The ordinance may require payment of a reasonable fee by the owner, or the owners authorized agent, for the issuance of the reports.
SEC. 18.SEC. 20.Section 39501 of the Government Code is amended to read:39501.The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks. If the person compelled by the legislative body defaults, after notice prescribed by the legislative body, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growths at that persons expense by a city officer. The legislative body may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds.
SEC. 19.SEC. 21.Section 39560 of the Government Code is amended to read:39560.(a)Superintendent means street superintendent, the superintendents assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent.
(b)Weeds means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.
(c)Street includes public street, alley, lane, court or other place.
(d)In front of which the nuisance exists includes to the rear of or abutting the property upon which the nuisance exists.
SEC. 20.SEC. 22.Section 39564 of the Government Code is amended to read:39564.After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The superintendent shall post:
(a)One notice to each separately owned parcel of property of not over fifty feet frontage.
(b)Not more than two notices to any parcel of one hundred feet frontage or less.
(c)Notices at not more than one hundred feet apart if the frontage of a parcel is greater than one hundred feet.
SEC. 21.SEC. 23.Section 39573 of the Government Code is amended to read:39573.Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at the owners own expense. Nevertheless, in any case in which an order to abate is issued, the legislative body by motion or resolution may further order that a special assessment and lien be imposed pursuant to Section 39577. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs.
SEC. 22.SEC. 24.Section 39574 of the Government Code is amended to read:39574.The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the superintendent performs the work. The superintendent shall submit to the legislative body for confirmation an itemized written report showing the cost of the abatement.
SEC. 23.SEC. 25.Section 39901 of the Government Code is amended to read:39901.A city whose limits include or bound upon a harbor, bay, estuary, or other navigable body of water may:
(a)Establish, acquire, construct, improve, and maintain in, upon, and along the body of water, piers, docks, wharves, bulkheads, quays, and other necessary works.
(b)Construct, improve, dredge, deepen, or straighten, channels, turning basins, canals, slips, and waterways to, from, and along such works and connecting with any other navigable water within or without the city limits.
(c)Do any thing necessary or convenient to the establishment, improvement, conduct, and maintenance of a harbor, and in furtherance of commerce and navigation.
This section does not affect or limit a persons use and enjoyment of property rights, nor grant a city the right to destroy, injure, impair, or interfere with any private or quasi-public property or property rights, leasehold, or otherwise, or to the use and enjoyment of the property.
SEC. 24.SEC. 26.Section 40537 of the Government Code is amended to read:40537.Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be taken before the clerk, any member of the commission, or any officer authorized by law to administer oaths.
SEC. 25.SEC. 27.Section 40538 of the Government Code is amended to read:40538.The bond of the treasurer of the local agency shall cover the treasurers duties as ex officio treasurer of the authority.
SEC. 26.SEC. 28.Section 40539 of the Government Code is amended to read:40539.If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment.
SEC. 27.SEC. 29.Section 40603 of the Government Code is amended to read:40603.The mayor may administer oaths and affirmations, take affidavits, and certify them.
SEC. 28.SEC. 30.Section 40604 of the Government Code is amended to read:40604.The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged.
SEC. 29.SEC. 31.Section 40804 of the Government Code is amended to read:40804.The city clerk shall cause a summary of the citys financial report required by Section 53891, in a form prescribed by the State Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000), Chapter 1, Division 7, Title 1 of the Government Code. If there is no newspaper, the city clerk shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices.
SEC. 30.SEC. 32.Section 40806 of the Government Code is amended to read:40806.The city clerk shall keep a book marked ordinances and record in it all city ordinances with a certificate annexed to each, stating:
(a)It is a true and correct copy of a city ordinance.
(b)The ordinance number.
(c)It has been published or posted pursuant to law.
SEC. 31.SEC. 33.Section 40812 of the Government Code is amended to read:40812.The city clerk shall perform any additional duties as are prescribed by ordinance.
SEC. 32.SEC. 34.Section 40813 of the Government Code is amended to read:40813.The city clerk may appoint deputies, for whose acts the city clerk and the city clerks bondspersons are responsible. The deputies shall hold office at the pleasure of the city clerk and receive the compensation as provided by the legislative body.
SEC. 33.SEC. 35.Section 40814 of the Government Code is amended to read:40814.The city clerk and the city clerks deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before a city clerk and the city clerks deputies within the city in which they were elected or appointed.
SEC. 34.SEC. 36.Section 41204 of the Government Code is amended to read:41204.The assessor shall verify the list with an oath and deposit it with the city clerk on or before July 1st.
SEC. 35.SEC. 37.Section 41205 of the Government Code is amended to read:41205.The assessor and the assessors deputies may administer oaths and affirmations necessary in the performance of their duties.
SEC. 36.SEC. 38.Section 41602 of the Government Code is amended to read:41602.The chief of polices lawful orders shall be promptly executed by deputies, police officers, and watchmen in the city. Every citizen shall also lend aid when required for the arrest of offenders and maintenance of public order.
SEC. 37.SEC. 39.Section 41603 of the Government Code is amended to read:41603.The chief of police shall execute and return all process issued and directed to the chief of police by legal authority.
SEC. 38.SEC. 40.Section 41605 of the Government Code is amended to read:41605.The chief of police has charge of the prisoners and of any city jail established by the legislative body.
SEC. 39.SEC. 41.Section 41608 of the Government Code is amended to read:41608.The chief of police shall keep a detailed and up-to-date record of all fees for service of process or other money collected by the police department or paid to the chief of police in his or her official capacity. The record shall be open for public inspection during office hours.
SEC. 40.SEC. 42.Section 41609 of the Government Code is amended to read:41609.The chief of police shall immediately deposit with the city treasurer all money collected by the police department as required by ordinance.
SEC. 41.SEC. 43.Section 41610 of the Government Code is amended to read:41610.At least once a month, the chief of police shall file with the city clerk a detailed statement of all money handled in an official capacity during the preceding month.
SEC. 42.SEC. 44.Section 41611 of the Government Code is amended to read:41611.The chief of police shall perform any other services required by general law and the city ordinances.
SEC. 43.SEC. 45.Section 41803.7 of the Government Code is amended to read:41803.7.Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, the city attorney shall have the power to issue subpoenas in a like manner as the district attorney.
SEC. 44.SEC. 46.Section 43625 of the Government Code is amended to read:43625.All signatures and countersignatures except that of the clerk or the clerks deputy may be printed, lithographed, or engraved.
SEC. 45.SEC. 47.Section 43626 of the Government Code is amended to read:43626.If any officer whose signature or countersignature appears on bonds or coupons ceases to be an officer before delivery of the bonds, that officers signature is as effective as if the officer had remained in office.
SEC. 48.Section 53343.2 of the Government Code is amended to read:53343.2.A local agency that has an Internet Web site, within seven months after the last day of each fiscal year of the district, shall display prominently on its Internet Web site all of the following information:
(a)A copy of an annual report for that fiscal year if requested pursuant to Section 53343.1.
(b)A copy of the report provided to the California Debt and Investment Advisory Commission pursuant to Section 53359.5. A local agency may comply with this subdivision by providing a link to the Treasurers Internet Web site that contains the specified information, along with the assigned California Debt and Investment Advisory Commission number for each bond issuance reported by the agency.
(c)A copy of the report provided to the Controllers office pursuant to Section 12463.2.
SEC. 49.Section 53398.60 of the Government Code is amended to read:53398.60.(a)The legislative body shall direct the city clerk or county recorder, as applicable, to mail a copy of the resolution of intention to create the district to each owner of land within the district.
(b)As an alternative to mailing a copy of the resolution of intention pursuant to subdivision (a), the legislative body may direct the city clerk or county recorder, as applicable, to mail a single-page notice of intention to create the district to each owner of land within the district. For purposes of this section, the notice of intention shall indicate the physical location or Web site where documents related to the district, including the resolution of intention, will be made available for public viewing or inspection. The notice of intention shall also state the date of the public hearing on the proposal and include a brief description of the types of public facilities to be financed by the district.
SEC. 50.Section 53398.75 of the Government Code is amended to read:53398.75.(a)Any infrastructure financing plan may contain a provision that taxes, if any, levied upon taxable property in the area included within the enhanced infrastructure financing district each year by or for the benefit of the State of California, or any affected taxing entity after the effective date of the ordinance resolution adopted pursuant to Section 53398.69 to create the district, shall be divided, subject to the provisions of Section 53993, as follows:
(1)That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of the affected taxing entities upon the total sum of the assessed value of the taxable property in the district as shown upon the assessment roll used in connection with the taxation of the property by the affected taxing entity, last equalized prior to the effective date of the ordinance resolution adopted pursuant to Section 53398.69 to create the district, shall be allocated to, and when collected shall be paid to, the respective affected taxing entities as taxes by or for the affected taxing entities on all other property are paid.
(2)That portion of the levied taxes each year specified in the adopted infrastructure financing plan for the city or county and each affected taxing entity that has agreed to participate pursuant to Section 53398.68 in excess of the amount specified in paragraph (1) shall be allocated to, and when collected shall be paid into a special fund of, the district for all lawful purposes of the district. Unless and until the total assessed valuation of the taxable property in a district exceeds the total assessed value of the taxable property in the district as shown by the last equalized assessment roll referred to in paragraph (1), all of the taxes levied and collected upon the taxable property in the district shall be paid to the respective affected taxing entities. When the district ceases to exist pursuant to the adopted infrastructure financing plan, all moneys thereafter received from taxes upon the taxable property in the district shall be paid to the respective affected taxing entities as taxes on all other property are paid.
(b)Notwithstanding subdivision (a), where any district boundaries overlap with the boundaries of any former redevelopment project area, any debt or obligation of a district shall be subordinate to any and all enforceable obligations of the former redevelopment agency, as approved by the Oversight Board and the Department of Finance. For the purposes of this chapter, the division of taxes allocated to the district pursuant to subdivision (a) of this section or of subdivision (b) of Section 53396 shall not include any taxes required to be deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund created pursuant to subdivision (b) of Section 34170.5 of the Health and Safety Code.
(c)The legislative body of the city or county forming the district may choose to dedicate any portion of its net available revenue to the district through the financing plan described in Section 53398.63.
(d)For the purposes of this section, net available revenue means periodic distributions to the city or county from the Redevelopment Property Tax Trust Fund, created pursuant to Section 34170.5 of the Health and Safety Code, that are available to the city or county after all preexisting legal commitments and statutory obligations funded from that revenue are made pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code. Net available revenue shall not include any funds deposited by the county auditor-controller into the Redevelopment Property Tax Trust Fund or funds remaining in the Redevelopment Property Tax Trust Fund prior to distribution. Net available revenues shall not include any moneys payable to a school district that maintains kindergarten and grades 1 to 12, inclusive, community college districts, county office of education, or to the Educational Revenue Augmentation Fund, pursuant to paragraph (4) of subdivision (a) of Section 34183 of the Health and Safety Code.
(e)(1)That portion of any ad valorem property tax revenue annually allocated to a city or county pursuant to Section 97.70 of the Revenue and Taxation Code that is specified in the adopted infrastructure financing plan for the city or county that has agreed to participate pursuant to Section 53398.68, and that corresponds to the increase in the assessed valuation of taxable property shall be allocated to, and, when collected, shall be apportioned to, a special fund of the district for all lawful purposes of the district.
(2)When the district ceases to exist pursuant to the adopted infrastructure financing plan, the revenues described in this subdivision shall be allocated to, and, when collected, shall be apportioned to, the respective city or county.
(f)This section shall not be construed to prevent a district from utilizing revenues from any of the following sources to support its activities provided that the applicable voter approval has been obtained, and the infrastructure financing plan has been approved pursuant to Section 53398.69:
(1)The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).
(2)The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(3)The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(4)The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code).
(5)The Vehicle Parking District Law of 1943 (Part 1 (commencing with Section 31500) of Division 18 of the Streets and Highways Code).
(6)The Parking District Law of 1951 (Part 4 (commencing with Section 35100) of Division 18 of the Streets and Highways Code).
(7)The Park and Playground Act of 1909 (Chapter 7 (commencing with Section 38000) of Part 2 of Division 3 of Title 4 of this code).
(8)The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of this title).
(9)The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of Part 1 of Division 2 of this title).
(10)The so-called facilities benefit assessment levied by the charter city of San Diego or any substantially similar assessment levied for the same purpose by any other charter city pursuant to any ordinance or charter provision.
SEC. 51.Section 469 of the Revenue and Taxation Code is amended to read:469.(a)The assessor shall annually conduct a significant number of audits of the books and records of taxpayers engaged in a profession, trade, or business who own, claim, possess, or control locally assessable trade fixtures and business tangible personal property in the county to encourage the accurate and proper reporting of property as required by this article. The assessor shall conduct an audit of those taxpayers as provided by subdivision (b).
(1)For purposes of this section, significant number of audits means at least 75 percent of the fiscal year average of the total number of audits the assessor was required to have conducted during the 200203 fiscal year to the 200506 fiscal year, inclusive, on those taxpayers in the county that had a full value of four hundred thousand dollars ($400,000) or more of locally assessable trade fixtures and business tangible personal property.
(2)The assessor is not required to audit a taxpayer that is fully exempt from property taxation under other provisions of law for purposes of the requirements of this section.
(3)If the board audits a taxpayer because the taxpayers assessment was selected in a sampling of assessments from the local assessment rolls pursuant to Section 15640 of the Government Code, that audit may be deemed an audit by the assessor for purposes of the requirements of this section.
(b)Each Except as provided in subdivision (c), each year the audits required by subdivision (a) shall be conducted in the following manner:
(1)Fifty percent of the audits required by subdivision (a) shall be performed on taxpayers selected from a pool of those taxpayers that have the largest assessments of locally assessable trade fixtures and business tangible personal property in the county.
(A)This pool of taxpayers shall be determined as follows:
(i)The assessor shall rank all of the taxpayers in the county in descending order by the total locally assessed value of both trade fixtures and business tangible personal property.
(ii)The assessor shall select a qualified number of those taxpayers with the largest assessments for inclusion in the pool. The qualified number shall be that number equal to 50 percent of the audits required by subdivision (a) multiplied by four.
(B)Taxpayers in the pool shall be audited at least once within each four-year period following the latest fiscal year covered by a preceding audit and the audit may combine multiple fiscal years. The assessor is relieved of the requirement to audit the taxpayer at least once every four years if the assessor determines that the taxpayers assessments are no longer large enough for inclusion in the pool.
(2)The remaining 50 percent of the required audits, as determined by paragraph (1) of subdivision (a), shall be selected in a manner that is fair and equitable to all taxpayers and may be based on evidence of underreporting as determined by the assessor.
(3)Nothing in this subdivision is intended to prohibit the audit of any taxpayer more frequently than once every four years.
(c)In order to allow the assessor some discretion in the number of audits completed each fiscal year as long as the four-year total number of audits in each category are complete within a four-year period, as an alternative to the requirement in subdivision (b) the assessor may do both of the following:
(1)Satisfy the requirement of paragraph (1) of subdivision (b) by auditing 50 percent of the four-year total of the significant number of audits in paragraph (1) of subdivision (a) of the largest assessments within a four-year period.
(2)Satisfy the requirement of paragraph (2) of subdivision (b) by auditing 50 percent of the four-year total of the significant number of audits in paragraph (1) of the remaining 50 percent of the required audits within a four-year period.
(c)(d)With respect to any audit of the books of a profession, trade, or business, regardless of the full value of the trade fixtures and business tangible personal property owned, claimed, possessed, or controlled by the taxpayer, the following shall apply:
(1)Upon completion of an audit of the taxpayers books and records, the taxpayer shall be given the assessors findings in writing with respect to data that would alter any previously enrolled assessment.
(2)Equalization of the property by a county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division shall not preclude a subsequent audit and shall not preclude the assessor from levying an escape assessment in appropriate instances, but shall preclude an escape assessment being levied on that portion of the assessment that was the subject of the equalization hearing.
(3)If the result of an audit for any year discloses property subject to an escape assessment, then the original assessment of all property of the assessee at the location of the profession, trade, or business for that year shall be subject to review, equalization and adjustment by the county board of equalization or assessment appeals board pursuant to Chapter 1 (commencing with Section 1601) of Part 3 of this division, except in those instances when the property had previously been equalized for the year in question.
(4)If the audit for any particular tax year discloses that the property of the taxpayer was incorrectly valued or misclassified for any cause, to the extent that this error caused the property to be assessed at a higher value than the assessor would have entered on the roll had the incorrect valuation or misclassification not occurred, then the assessor shall notify the taxpayer of the amount of the excess valuation or misclassification, and the fact that a claim for cancellation or refund may be filed with the county as provided by Sections 4986 and 5096.
SEC. 52.Section 36626 of the Streets and Highways Code is repealed.36626.If the city council, following the public hearing, desires to establish the proposed property and business improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the information specified in Section 36625.(a)This act shall be known, and may be cited, as the Local Government Omnibus Act of 2018.
(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 34090 of the Government Code is amended to read:34090.Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney attorney, the head of a city department may destroy any city record, document, instrument, book book, or paper, under his the department heads charge, without making a copy thereof, after the same is no longer required.
This section does not authorize the destruction of:
(a)Records affecting the title to real property or liens thereon.
(b)Court records.
(c)Records required to be kept by statute.
(d)Records less than two years old.
(e)The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.
This section shall not be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books and papers in accordance with the procedure therein prescribed.
SEC. 3.Section 34093 of the Government Code is amended to read:34093.As used in this section, petition means any petition prescribed, by statute or city charter, as a necessary prerequisite to the institution of proceedings by the city, and includes, but is not limited to, initiative petitions, referendum petitions, recall petitions, petitions pertaining to the annexation of territory to a city, the consolidation of cities, or the dissolution of a city, and petitions to institute proceedings under an improvement act.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both such a fine and imprisonment, who, circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition, willfully misrepresents or willfully makes any false statement concerning the contents, purport purport, or effect of the petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for his a signature.
Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both such a fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names.
SEC. 4.Section 34852 of the Government Code is amended to read:34852.The ordinance shall define the powers and duties of the city manager and may fix his the city managers compensation or the minimum amount he the city manager is to receive.
SEC. 5.Section 34855 of the Government Code is amended to read:34855.Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the time of his appointment.
SEC. 6.Section 34857 of the Government Code is amended to read:34857.Upon appointment of the city manager, the terms of subordinate officers over whom he the city manager has power of appointment and removal cease, unless they are reappointed by him. reappointed.
SEC. 7.Section 36522 of the Government Code is amended to read:36522.Any officer or employee collecting or receiving any money belonging to, or for the use of, the city shall deposit it immediately in the treasury in the manner prescribed by ordinance for the benefit of the funds to which it belongs. He The officer or employee shall report such any deposits to, and settle with, the city clerk, or director of finance if that office has been established by ordinance, on the first Monday in each month or at such shorter intervals as are prescribed by ordinance.
SEC. 8.Section 36802 of the Government Code is amended to read:36802.The mayor shall preside at the meetings of the council. If he the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor pro tempore has all of the powers and duties of the mayor.
SEC. 9.Section 37107 of the Government Code is amended to read:37107.The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear, commanding him the sheriff to attach the person, and forthwith bring him the person before the judge.
SEC. 10.Section 37547 of the Government Code is amended to read:37547.The board shall appoint one of its members president. He That member shall serve for one year and until his a successor is appointed. In his the presidents absence, the board shall select a president pro tempore.
SEC. 11.Section 37607 of the Government Code is amended to read:37607.The board shall appoint one of its members president. He That member shall serve for one year and until his a successor is appointed. In his the presidents absence, the board shall select a president pro tempore.
SEC. 12.Section 37683 of the Government Code is amended to read:37683.The legislative body shall appoint the city clerk or a competent resident of the city to administer the fund. The person appointed shall execute an official bond in the amount prescribed by the legislative body. He body and shall receive one dollar ($1) annually for each plot cared for, to be paid only from the income of the fund.
SEC. 13.Section 38400 of the Government Code is amended to read:38400.As used in this article, original dedicator includes any person, or his that persons successors and assigns, who has dedicated any land in the city for use as a public park.
SEC. 14.Section 38406 of the Government Code is amended to read:38406.At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting. Failure of an interested person to protest is conclusive evidence that he the person consents to the abandonment.
SEC. 15.Section 38741 of the Government Code is amended to read:38741.Before a resolution or ordinance relating to the joint acquisition of a water supply is binding upon a city, it shall be approved by the mayor or passed over his the mayors veto pursuant to the charter provision or general law for the passage of ordinances.
SEC. 16.Section 38780 of the Government Code is amended to read:38780.A city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or his the owners authorized agent shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classifications of such the property.
SEC. 17.Section 38782 of the Government Code is amended to read:38782.The ordinance may require payment of a reasonable fee by the owner, or his the owners authorized agent, for the issuance of such the reports.
SEC. 18.Section 39501 of the Government Code is amended to read:39501.The legislative body may compel the owner, lessee, or occupant of buildings, grounds, or lots to remove dirt, rubbish, weeds, and rank growths from buildings or grounds and adjacent sidewalks. If he the person compelled by the legislative body defaults, after notice prescribed by the legislative body, it may authorize the removal or destruction of the dirt, rubbish, weeds, and rank growths at his that persons expense by a city officer. The legislative body may prescribe a procedure for the removal or destruction and make the expense a lien upon the buildings or grounds.
SEC. 19.Section 39560 of the Government Code is amended to read:39560.(a)Superintendent means street superintendent, his the superintendents assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent.
(b)Weeds means weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.
(c)Street includes public street, alley, lane, court or other place.
(d)In front of which the nuisance exists includes to the rear of or abutting the property upon which the nuisance exists.
SEC. 20.Section 39564 of the Government Code is amended to read:39564.After passage of the resolution, the superintendent shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. He The superintendent shall post:
(a)One notice to each separately owned parcel of property of not over fifty feet frontage.
(b)Not more than two notices to any such parcel of one hundred feet frontage or less.
(c)Notices at not more than one hundred feet apart if the frontage of such a parcel is greater than one hundred feet.
SEC. 21.Section 39573 of the Government Code is amended to read:39573.Before the superintendent arrives, any property owner may remove the weeds, rubbish, refuse, and dirt at his the owners own expense. Nevertheless, in any case in which an order to abate is issued, the legislative body by motion or resolution may further order that a special assessment and lien be imposed pursuant to Section 39577. In that case the assessment and lien shall be limited to the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs.
SEC. 22.Section 39574 of the Government Code is amended to read:39574.The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He the superintendent performs the work. The superintendent shall submit to the legislative body for confirmation an itemized written report showing such cost. the cost of the abatement.
SEC. 23.Section 39901 of the Government Code is amended to read:39901.A city whose limits include or bound upon a harbor, bay, estuary, or other navigable body of water may:
(a)Establish, acquire, construct, improve, and maintain in, upon, and along the body of water, piers, docks, wharves, bulkheads, quays, and other necessary works.
(b)Construct, improve, dredge, deepen, or straighten, channels, turning basins, canals, slips, and waterways to, from, and along such works and connecting with any other navigable water within or without the city limits.
(c)Do any thing necessary or convenient to the establishment, improvement, conduct, and maintenance of a harbor, and in furtherance of commerce and navigation.
This section does not affect or limit a persons use and enjoyment of his property rights, nor grant a city the right to destroy, injure, impair, or interfere with any private or quasi-public property or property rights, leasehold, or otherwise, or to the use and enjoyment of such the property.
SEC. 24.Section 40537 of the Government Code is amended to read:40537.Before entering upon the duties of his office an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be taken before the clerk, any member of the commission, or any officer authorized by law to administer oaths.
SEC. 25.Section 40538 of the Government Code is amended to read:40538.The bond of the treasurer of the local agency shall cover his the treasurers duties as ex officio treasurer of the authority.
SEC. 26.Section 40539 of the Government Code is amended to read:40539.If allowed by the commission commission, a commissioner shall receive traveling and other expenses incurred by him in his in the course of employment.
SEC. 27.Section 40603 of the Government Code is amended to read:40603.He The mayor may administer oaths and affirmations, take affidavits, and certify them under his hand. them.
SEC. 28.Section 40604 of the Government Code is amended to read:40604.He The mayor may acknowledge the execution of all instruments executed by the city and required to be acknowledged.
SEC. 29.Section 40804 of the Government Code is amended to read:40804.The city clerk shall cause a summary of the citys financial report required by Section 53891, in a form prescribed by the State Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000), Chapter 1, Division 7, Title 1 of the Government Code. If there is no such newspaper he newspaper, the city clerk shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices.
SEC. 30.Section 40806 of the Government Code is amended to read:40806.The city clerk shall keep a book marked ordinances and record in it all city ordinances with his a certificate annexed to each, stating:
(a)It is a true and correct copy of a city ordinance.
(b)The ordinance number.
(c)It has been published or posted pursuant to law.
SEC. 31.Section 40812 of the Government Code is amended to read:40812.He The city clerk shall perform such any additional duties as are prescribed by ordinance.
SEC. 32.Section 40813 of the Government Code is amended to read:40813.The city clerk may appoint deputies, for whose acts he the city clerk and his bondsmen the city clerks bondspersons are responsible. The deputies shall hold office at the pleasure of the city clerk and receive such the compensation as is provided by the legislative body.
SEC. 33.Section 40814 of the Government Code is amended to read:40814.The city clerk and his the city clerks deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before a city clerk and his the city clerks deputies within the city in which they were elected or appointed.
SEC. 34.Section 41204 of the Government Code is amended to read:41204.The assessor shall verify the list by his with an oath and deposit it with the city clerk on or before July 1st.
SEC. 35.Section 41205 of the Government Code is amended to read:41205.The assessor and his the assessors deputies may administer oaths and affirmations necessary in the performance of his duty. their duties.
SEC. 36.Section 41602 of the Government Code is amended to read:41602.His The chief of polices lawful orders shall be promptly executed by deputies, police officers, and watchmen in the city. Every citizen shall also lend his aid when required for the arrest of offenders and maintenance of public order.
SEC. 37.Section 41603 of the Government Code is amended to read:41603.He The chief of police shall execute and return all process issued and directed to him the chief of police by legal authority.
SEC. 38.Section 41605 of the Government Code is amended to read:41605.He The chief of police has charge of the prisoners and of any city jail established by the legislative body.
SEC. 39.Section 41608 of the Government Code is amended to read:41608.He The chief of police shall keep a detailed and up-to-date record of all fees for service of process or other money collected by his the police department or paid to him the chief of police in his or her official capacity. The record shall be open for public inspection during office hours.
SEC. 40.Section 41609 of the Government Code is amended to read:41609.He The chief of police shall immediately deposit with the city treasurer all money collected by his the police department as required by ordinance.
SEC. 41.Section 41610 of the Government Code is amended to read:41610.At least once a month, he the chief of police shall file with the city clerk a detailed statement of all money handled by him in his in an official capacity during the preceding month.
SEC. 42.Section 41611 of the Government Code is amended to read:41611.He The chief of police shall perform such any other services as required by general law and the city ordinances require. ordinances.
SEC. 43.Section 41803.7 of the Government Code is amended to read:41803.7.Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to any provision of law or under a city charter, he the city attorney shall have the power to issue subpoenas in a like manner as the district attorney.
SEC. 44.Section 43625 of the Government Code is amended to read:43625.All signatures and countersignatures except that of the clerk or his the clerks deputy may be printed, lithographed, or engraved.
SEC. 45.Section 43626 of the Government Code is amended to read:43626.If any officer whose signature or countersignature appears on bonds or coupons ceases to be such an officer before delivery of the bonds, his that officers signature is as effective as if he the officer had remained in office.
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Date
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Status
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|---|---|
| Sep 17, 2018 | Chaptered by Secretary of State. Chapter 467, Statutes of 2018. |
| Sep 17, 2018 | Approved by the Governor. |
| Aug 30, 2018 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 24, 2018 | Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 16, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 16, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 9, 2018 | Read second time. Ordered to consent calendar. |
| Aug 8, 2018 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8). |
| Aug 6, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jun 28, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 27). Re-referred to Com. on APPR. |
| Jun 19, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV. |
| May 10, 2018 | In Assembly. Read first time. Held at Desk. |
| May 25, 2018 | Referred to Com. on L. GOV. |
| May 10, 2018 | Read third time. Passed. (Ayes 37. Noes 0.) Ordered to the Assembly. |
| May 8, 2018 | Read second time. Ordered to consent calendar. |
| May 7, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 27, 2018 | Set for hearing May 7. |
| Apr 25, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR. |
| Apr 18, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Apr 12, 2018 | April 18 hearing postponed by committee. |
| Apr 6, 2018 | Set for hearing April 18. |
| Mar 22, 2018 | Set for hearing April 4. |
| Mar 15, 2018 | Referred to Com. on GOV. & F. |
| Mar 2, 2018 | From printer. May be acted upon on or after April 1. |
| Mar 1, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 24, 2018 | Unfinished Business SB1498 GOV. & F. (McGuire) Concurrence | Senate Floor |
Passed |
|
| Aug 16, 2018 | SB 1498 GOV.& F. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 8, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 27, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Local Government |
Passed |
|
| May 10, 2018 | Consent Calendar SB1498 GOV. & F. | Senate Floor |
Passed |
|
| Apr 25, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Governance and Finance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Civil Liberties Union of California | ** Support | Aug 18, 2018 |
| California Assessors' Association | ** Support | Aug 18, 2018 |
| California Special Districts Association | ** Support | Aug 18, 2018 |
| California Special Districts Association; State Controller Betty Yee. | ** Support | Apr 23, 2018 |
| California State Association Of Counties | ** Support | Aug 18, 2018 |
| County Recorders' Association | ** Support | Jul 20, 2018 |
| county recorders' association of california | ** Support | Aug 18, 2018 |
| Santa Clara County | ** Support | Jul 20, 2018 |
| State Controller Betty Yee | ** Support | Aug 18, 2018 |
| Unknown. | ** Against | Apr 23, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1498
:
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/25/18
AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 38-0, 5/10/18 (Consent)
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Hertzberg
ASSEMBLY FLOOR: 76-0, 8/16/18 (Consent) - See last page for vote
DIGEST:
This bill proposes several minor changes to state laws governing local governments’ powers and duties.
Assembly Amendments
standardize the terminology for recorded documents, make a minor change to notice sent to nonresident landowners, increase the limit for purchasing agents in large counties, remove the bill’s modification to mandate test claim filing, and make other technical changes to provisions in the bill.
ANALYSIS: Each year, local officials discover problems with state statutes affecting counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2017, for example, the local government omnibus bill was SB 205 (Senate Governance & Finance Committee) which contained noncontroversial statutory changes to 11 areas of local government law, avoiding more than $150,000 in legislative costs. Although this practice may violate a strict interpretation of the single-subject and germaneness rules as presented in Californians for an Open Primary v. McPherson (2006), it is an expeditious and relatively inexpensive way to respond to multiple requests.
This bill, the Local Government Omnibus Act of 2018, proposes the following changes to the state laws affecting local agencies’ powers and duties:
- Large special district reporting requirements. Current law requires the State Controller’s Office (SCO) to prepare an annual report for the top 250 special districts with the largest total revenues for the reporting period containing the following information: reserved and unreserved fund balances, reserved and unreserved retained earnings, fixed assets, and cash and investments. The law also requires the SCO post the information on its website by June 30th following the end of the annual reporting period. The SCO notes that the terms and information required are outdated and do not reflect the most recent terms and information from the Governmental Accounting Standards Board (GASB) statements. In order to ensure that the SCO’s reports on the largest special districts meet the latest standards for financial reporting, SB 1498 deletes specific terminology in statute, and replaces it with general language requiring that the report includes information that is consistent with generally accepted accounting principles and GASB statements. [See SEC. 2 of the bill.]
- County purchasing agent authority. Current law allows the board of supervisors of a county to designate a purchasing agent to rent or purchase materials, supplies, and other specified items on behalf of the board. However, current law limits the purchasing authority of the purchasing agents in a county having a population of 200,000 or more to an annual aggregate cost of up to $100,000 for purposes of engaging independent contractors to perform services for the county or county officers. The County of Santa Clara notes that this amount has not been increased since 1991 (SB 767, Committee on Local Government), and that inflation has reduced the value of this $100,000 threshold by nearly half in that time. The County notes that this is an amount insufficient to expedite routine county business purchases. This bill increases the threshold to $200,000 annually. [See SEC. 3 of the bill.]
- Recorded document terminology. Current law establishes a recorder in each county. County recorders are responsible generally for examining and recording all documents that deal with establishing ownership of land in counties. The County Recorders’ Association notes that current law pertaining to the recordation of documents are inconsistent, with some code sections referring to documents entitled to recordation as “instrument(s)” and others to “instrument(s), paper(s), or notice(s).” SB 1498 standardizes the terminology to refer to instruments, papers, or notices throughout the sections of the Government Code that pertain to recorders. [See SEC. 4 to SEC. 14 of the bill.]
- Gender-neutral references in Title 4 of the Government Code. Current law establishes the powers and duties of city governments and their officers in Title 4 of the Government Code. SB 742 (Moorlach, Chapter 77, Statutes of 2017) amended Sections 41001 to 41007 of the Government Code to, among other things, change male-gendered pronouns to gender-neutral references. Senate Committee on Governance and Finance staff notes that there are at least 44 code sections that refer to officers and others using male pronouns throughout the remainder of Title 4 of the Government Code. SB 1498 makes those references gender-neutral. [See SEC. 15 to SEC. 58 of the bill.]
- Mello-Roos debt reporting. AB 1666 (Brough, Chapter 93, Statutes of 2015) required public agencies to report Mello-Roos debt to the California Debt and Investment Advisory Commission (CDIAC), and post a copy of that report on the public agency’s website. The California Special Districts Association notes that CDIAC has since updated their reporting methods and now only provides for online form-based reporting; public agencies are no longer required to submit physical reports to CDIAC. As a result, public agencies no longer have a copy of the report that can be posted on their Web sites. In order to allow local agencies to disseminate the reported information in a format that they have available, SB 1498 allows an agency to meet the posting requirements of AB 1666 by posting a link to the State Treasurer’s website where the reported information can be located. [See SEC. 59 of the bill.]
- Enhanced Infrastructure Financing Districts (EIFDs). Current law allows cities and counties to form EIFDs to receive tax increment funds from local agencies that voluntarily contribute funds for infrastructure development within their boundaries. SB 1498 proposes several changes to EIFD statutes.
- Current law requires adoption of a Resolution of Intention in order to form an EIFD and requires a copy of the full Resolution of Intent to be mailed to each property owner within the proposed district. The California Association for Local Economic Development (CALED) notes that the full resolution is complicated to understand and is costly to mail. To reduce costs and provide members of the public with a simpler notice, SB 1498 permits a simplified notice to be mailed to property instead. [See SEC. 60 of the bill.]
- Current law requires adoption of a resolution of intention in order to form an enhanced infrastructure financing district. Current law also requires the city clerk or the county recorder, as applicable, to mail the resolution of intention to each owner of land within the district and each affected taxing entity. The County Recorders’ Association notes that the city clerk or county recorder may not always be the appropriate entity to mail such notices, and that other city or county officials may be more appropriate. SB 1498 requires the legislative body of the city or county to select a city or county official, as applicable, to mail resolution of intention or notice of intention to landowners and affected taxing entities. [See SEC. 61 of the bill.]
- Current law contains incorrect references to an “ordinance” that should refer to a “resolution.” SB 1498 corrects that reference. [See SEC. 62 of the bill.]
- Parcel tax cleanup. Current law requires local agencies imposing parcel taxes to send a notice with specified contents regarding the tax to nonresident landowners (AB 2476, Daly, Chapter 269, Statutes of 2016). Assembly Member Daly’s office notes that the California State Association of Counties raised a technical issue with AB 2476. Specifically, AB 2476 requires the legislative body of the local agency to perform specified actions relating to the notice. This bill changes references from “legislative body” to “local agency” because the required administrative functions in AB 2476 do not regularly fall to a governing board. [See SEC. 63 of the bill.]
- Audit flexibility for county assessors. Every year, businesses self-report their assets and improvements; to encourage compliance, current law requires county assessors to perform a “significant number of audits” every four years. The formula for determining what constitutes a significant number of audits is contained in Revenue and Taxation Code Section 469 and was updated nine years ago at the request of the County Assessors Association (CAA). This formula requires the assessor to perform a specified number of audits on the largest taxpayers in the county and on taxpayers of the assessor’s choosing each year in order to comply with the four year requirement. The CAA notes that the formula lacks sufficient flexibility to allow assessors to adequately manage their resources and workload across multiple years. SB 1498 provides that statutory audit requirement would be met as long as the largest taxpayer audits and discretionary audits are conducted over a rolling four-year period, beginning in the 2019-20 fiscal year, and simplifies the accounting for a “significant number of audits” that must be conducted over that time. [See SEC. 64 of the bill.]
- Property and Business Improvement District Law of 1994. Practitioners who work with property and business improvement districts (PBIDs) have identified errors and ambiguities in statutes governing PBIDs. The 1994 Act specifies multiple procedures for establishing a district, including the passage of a resolution of establishment and a resolution of formation. Some practitioners argue that the resolution of establishment is a holdover from an earlier version of the law and duplicates both the resolution of formation and the management district plan, which together specify the purposes and activities of the district. SB 1498 repeals the requirement to enact a resolution of establishment. [See SEC. 65 of the bill.]
Comments
Purpose of the bill. SB 1498 compiles, into a single bill, noncontroversial statutory changes to seven parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs the state around $18,000. By avoiding eight other bills, the Committee’s measure avoids approximately $143,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 1498 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Negligible state costs.
State Controller Betty Yee
American Civil Liberties Union of California
California Assessors’ Association
County Recorders’ Association of California
California State Association of Counties
California Special Districts Association
OPPOSITION: (Verified 8/17/18)
None received
ASSEMBLY FLOOR: 76-0, 8/16/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Bloom, Cristina Garcia, Low, McCarty
8/18/18 12:44:15
**** END ****
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1498
Author:(Committee on Governance and Finance) – As Amended Ver:August 6, 2018
Policy Committee: | Local Government | Vote: | 9 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill enacts the Local Government Omnibus Act of 2018, which proposes a number
of non-controversial changes to existing laws governing the powers and duties of local agencies.
Specifically, this bill affects special district reporting requirements, gender-neutral references, Mello-Roos debt reporting, enhanced infrastructure financing districts (EIFDs), county assessor audit flexibility, the Property and Business Improvement District Law of 1994, county government purchasing authority, county recorder document terminology, and parcel taxes (technical cleanup).
FISCAL EFFECT:
Negligible state costs.
COMMENTS:
Purpose and Background. Each year, local officials discover problems with state statutes affecting counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. Legislators respond by combining several of these minor topics into an annual “omnibus bill.”
Every item in this bill has been thoroughly vetted and there is no know opposition to any item.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
SBPCA Bill Id:SB 1498
Author:(Committee on Governance and Finance) – As Amended Ver:June 19, 2018
SENATE VOTE: 38-0
SUBJECT: Local Government Omnibus Act of 2018.
SUMMARY: Enacts the Local Government Omnibus Act of 2018, which proposes a number
of non-controversial changes to existing laws governing the powers and duties of local agencies.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Background. Each year, local officials discover problems with state statutes affecting counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2017, for example, the local government omnibus bill was SB 205 (Senate Governance & Finance Committee), which contained noncontroversial statutory changes
to 11 areas of local government law, avoiding more than $150,000 in legislative costs. Although this practice may violate a strict interpretation of the single-subject and germaneness rules as presented in Californians for an Open Primary v. McPherson (2006),
it is an expeditious and relatively inexpensive way to respond to multiple requests.
- Bill Summary. This bill enacts the Local Government Omnibus Act of 2018, which includes the following provisions:
- Large Special District Reporting Requirements. Current law requires the State Controller’s Office (SCO) to prepare an annual report for the top 250 special districts with the largest total revenues for the reporting period containing the following information: reserved and unreserved fund balances, reserved and unreserved retained earnings, fixed assets, and cash and investments. The law also requires the SCO post the information on its website by June 30th following the end of the annual reporting period. The SCO notes that the terms and information required are outdated and do not reflect the most recent terms and information from the Governmental Accounting Standards Board (GASB) statements. In order to ensure that the SCO’s reports on the largest special districts meet the latest standards for financial reporting, this bill deletes specific terminology in statute, and replaces it with general language requiring that the report includes information that is consistent with generally accepted accounting principles and GASB statements.
- Mandate Reimbursement Test Claim Filing Period. Current law requires test claims to the Commission on State Mandates to be submitted no later than 12 months following the effective date of the statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later. This filing period was changed in law in 2004 (AB 2856, Laird). In December 2017, the Commission on State Mandates approved amendments to California Code of Regulation Section 1183.1(c) that amends the filing period for test claims from conforming to the fiscal calendar year, ending on June 30th, to the calendar year, ending December 31st. In testimony during the rulemaking process, the Commission staff stated that “[t]his change is intended to make the regulation consistent with the plain language of Government Code section 17551(c).” The California Special Districts Association notes that the new regulations effectively shorten the filing period for an agency to submit a test claim to the Commission by six months, making the requirements much more difficult for local governments to meet. The previous filing period that aligned with the fiscal year properly reflected an understanding of the local agency budgeting process. In order to permit local agencies enough time to gather the relevant information and submit well-prepared test claims, this bill aligns the test claim filing period with the fiscal year.
- Gender-Neutral References in Title 4 of the Government Code. Current law establishes the powers and duties of city governments and their officers in Title 4 of the Government Code. SB 742 (Moorlach) Chapter 77, Statutes of 2017, amended Sections 41001 to 41006 of the Government Code to, among other things, change male-gendered pronouns to gender-neutral references. Senate Committee on Governance and Finance staff notes that there are at least 44 code sections that refer to officers and others using male pronouns throughout the remainder of Title 4 of the Government Code. This bill makes those references gender-neutral.
- Mello-Roos Debt Reporting. AB 1666 (Brough), Chapter 93, Statutes of 2015, required public agencies to report Mello-Roos debt to the California Debt and Investment Advisory Commission (CDIAC), and post a copy of that report on the public agency’s website. The California Special Districts Association notes that CDIAC has since updated their reporting methods and now only provides for online form-based reporting; public agencies are no longer required to submit physical reports to CDIAC. As a result, public agencies no longer have a copy of the report that can be posted on their websites. In order to allow local agencies to disseminate the reported information in a format that they have available, this bill allows an agency to meet the posting requirements of
AB 1666 by posting a link to the State Treasurer’s website where the reported information can be located. - Enhanced Infrastructure Financing Districts (EIFDs). Current law allows cities and counties to form EIFDs to receive tax increment funds from local agencies that voluntarily contribute funds for infrastructure development within their boundaries.
The California Association for Local Economic Development (CALED) and the County Recorders Association wants to make several changes to the statutes that govern their formation:- Current law requires a copy of the full Resolution of Intent to be mailed to each property owner within the proposed district. CALED notes that the full resolution
is complicated to understand and is costly to mail. To reduce costs and provide members of the public with a simpler notice, this bill permits a simplified notice
to be mailed to property instead. - Current law contains incorrect references to an “ordinance” that should refer to
a “resolution.” This bill corrects that reference. - Current law requires the city clerk or the county recorder, as applicable, to mail the resolution of intention to each owner of land within the district and each affected taxing entity. The County Recorders’ Association notes that the city clerk or county recorder may not always be the appropriate entity to mail such notices, and that other city or county officials may be more appropriate. This bill requires the legislative body of the city or county to select a city or county official, as applicable, to mail resolution of intention or notice of intention to landowners and affected taxing entities.
- Current law requires a copy of the full Resolution of Intent to be mailed to each property owner within the proposed district. CALED notes that the full resolution
- Audit Flexibility for County Assessors. Every year, businesses self-report their assets and improvements; to encourage compliance, current law requires county assessors to perform a “significant number of audits” every four years. The formula for determining what constitutes a significant number of audits is contained in Revenue and Taxation Code Section 469 and was updated nine years ago at the request of the County Assessors Association (CAA). This formula requires the assessor to perform a specified number
of audits on the largest taxpayers in the county and on taxpayers of the assessor’s choosing each year in order to comply with the four-year requirement. The CAA notes that the formula lacks sufficient flexibility to allow assessors to adequately manage their resources and workload across multiple years. This bill provides that statutory audit requirement would be met as long as the largest taxpayer audits and discretionary audits are conducted over a rolling four-year period and establishes a starting date of the 2019-20 fiscal year for the four-year period and simplify the accounting for a “significant number of audits” that must be conducted over that time. - Property and Business Improvement District Law of 1994. Practitioners who work with property and business improvement districts (PBIDs) have identified errors and ambiguities in statutes governing PBIDs. The 1994 Act specifies multiple procedures
for establishing a district, including the passage of a resolution of establishment and a resolution of formation. Some practitioners argue that the resolution of establishment
is a holdover from an earlier version of the law and duplicates both the resolution of formation and the management district plan, which together specify the purposes and activities of the district. This bill repeals the requirement to enact a resolution of establishment. - County Government: Purchasing Agent: Purchasing Authority. Current law allows the board of supervisors of a county to designate a purchasing agent to rent or purchase materials, supplies, and other specified items on behalf of the board. However, current law limits the purchasing authority of the purchasing agents in a county having a population of 200,000 or more to an annual aggregate cost of up to $100,000 for purposes of engaging independent contractors to perform services for the county or county
officers. The County of Santa Clara notes that this amount has not been increased since
1991 [SB 767 (Committee on Local Government), Chapter 1226, Statutes of 1991)], and that inflation has reduced the value of this $100,000 threshold by nearly half in that time. The County notes that this is an amount insufficient to expedite routine county business purchases. This bill increases the threshold to $200,000 annually. - County Recorder: Document Terminology. Current law establishes a recorder in each county. County recorders are responsible generally for examining and recording all documents that deal with establishing ownership of land in counties. The County Recorders’ Association notes that current law pertaining to the recordation of documents are inconsistent, with some code sections referring to documents entitled to recordation as “instrument(s)” and others to “instrument(s), paper(s), or notice(s).” This bill standardizes the terminology to refer to instruments, papers, or notices throughout the sections of the Government Code that pertain to recorders.
- Parcel Tax Cleanup. Current law requires local agencies imposing parcel taxes to send a notice with specified contents regarding the tax to nonresident landowners [AB 2476, (Daly), Chapter 269, Statutes of 2016)]. Assembly Member Daly’s office notes that the California State Association of Counties raised a technical issue with AB 2476. Specifically, AB 2476 requires the legislative body of the local agency to perform specified actions relating to the notice. This bill changes references from “legislative body” to “local agency” because the required administrative functions in AB 2476 do not regularly fall to a governing board.
- Author’s Statement. According to the author, “SB 1498 compiles, into a single bill, noncontroversial statutory changes to seven parts of state laws that affect local agencies
and land use. Moving a bill through the legislative process costs the state around $18,000. By avoiding six other bills, the Committee’s measure avoids approximately $108,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 1498 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.”
REGISTERED SUPPORT / OPPOSITION:
Support
California Assessors’ Association
California Association of Clerks and Election Officials Elections Legislative Committee
County Recorders’ Association
California State Association of Counties
California Special Districts Association
Santa Clara County
Opposition
None on file
Analysis Prepared by: Jimmy MacDonald / L. GOV. / (916) 319-3958
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 1498
:
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/25/18
AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST:
This bill proposes several minor changes to state laws governing local governments’ powers and duties.
ANALYSIS: Each year, local officials discover problems with state statutes affecting counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2017, for example, the local government omnibus bill was SB 205 (Senate Governance & Finance Committee) which contained noncontroversial statutory changes to 11 areas of local government law, avoiding more than $150,000 in legislative costs. Although this practice may violate a strict interpretation of the single-subject and germaneness rules as presented in Californians for an Open Primary v. McPherson (2006), it is an expeditious and relatively inexpensive way to respond to multiple requests.
This bill, the Local Government Omnibus Act of 2018, proposes the following changes to the state laws affecting local agencies’ powers and duties:
- Large special district reporting requirements. Current law requires the State Controller’s Office (SCO) to prepare an annual report for the top 250 special districts with the largest total revenues for the reporting period containing the following information: reserved and unreserved fund balances, reserved and unreserved retained earnings, fixed assets, and cash and investments. The law also requires the SCO post the information on its website by June 30th following the end of the annual reporting period. The SCO notes that the terms and information required are outdated and do not reflect the most recent terms and information from the Governmental Accounting Standards Board (GASB) statements. In order to ensure that the SCO’s reports on the largest special districts meet the latest standards for financial reporting, SB 1498 deletes specific terminology in statute, and replaces it with general language requiring that the report includes information that is consistent with generally accepted accounting principles and GASB statements. [See SEC. 2 of the bill.]
- Mandate reimbursement test claim filing period. Current law requires test claims to the Commission on State Mandates to be submitted no later than 12 months following the effective date of the statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later. This filing period was changed in law in 2004 (AB 2856, Laird). In December 2017, the Commission on State Mandates approved amendments to California Code of Regulation Section 1183.1(c) that amends the filing period for test claims from conforming to the fiscal calendar year, ending on June 30th, to the calendar year, ending December 31st . In testimony during the rulemaking process, the Commission Staff stated that “[t]his change is intended to make the regulation consistent with the plain language of Government Code section 17551(c).” The California Special Districts Association notes that the new regulations effectively shorten the filing period for an agency to submit a test claim to the Commission by six months, making the requirements much more difficult for local governments to meet. The previous filing period that aligned with the fiscal year properly reflected an understanding of the local agency budgeting process. In order to permit local agencies enough time to gather the relevant information and submit well-prepared test claims, SB 1498 aligns the test claim filing period with the fiscal year. [See SEC. 3 of the bill.]
- Gender-neutral references in Title 4 of the Government Code. Current law establishes the powers and duties of city governments and their officers in Title 4 of the Government Code. SB 742 (Moorlach, 2016) amended Sections 41001 to 41007 of the Government Code to, among other things, change male-gendered pronouns to gender-neutral references. Senate Committee on Governance and Finance staff notes that there are at least 44 code sections that refer to officers and others using male pronouns throughout the remainder of Title 4 of the Government Code. SB 1498 makes those references gender-neutral. [See SEC. 4 to SEC. 47 of the bill.]
- Mello-Roos debt reporting. AB 1666 (Brough, 2015) required public agencies to report Mello-Roos debt to the California Debt and Investment Advisory Commission (CDIAC), and post a copy of that report on the public agency’s website. The California Special Districts Association notes that CDIAC has since updated their reporting methods and now only provides for online form-based reporting; public agencies are no longer required to submit physical reports to CDIAC. As a result, public agencies no longer have a copy of the report that can be posted on their websites. In order to allow local agencies to disseminate the reported information in a format that they have available, SB 1498 allows an agency to meet the posting requirements of AB 1666 by posting a link to the State Treasurer’s website where the reported information can be located. [See SEC. 48 of the bill.]
- Enhanced Infrastructure Financing Districts (EIFDs). Current law allows cities and counties to form EIFDs to receive tax increment funds from local agencies that voluntarily contribute funds for infrastructure development within their boundaries. The California Association for Local Economic Development (CALED) wants to make several changes to the statutes that govern their formation:
- Current law requires a copy of the full Resolution of Intent to be mailed to each property owner within the proposed district. CALED notes that the full resolution is complicated to understand and is costly to mail. To reduce costs and provide members of the public with a simpler notice, SB 1498 permits a simplified notice to be mailed to property instead. [See SEC. 49 of the bill.]
- Current law contains incorrect references to an “ordinance” that should refer to a “resolution.” SB 1498 corrects that reference. [See SEC. 50 of the bill.]
- Audit flexibility for county assessors. Every year, businesses self-report their assets and improvements; to encourage compliance, current law requires county assessors to perform a “significant number of audits” every four years. The formula for determining what constitutes a significant number of audits is contained in Revenue and Taxation Code Section 469 and was updated nine years ago at the request of the County Assessors Association (CAA). This formula requires the assessor to perform a specified number of audits on the largest taxpayers in the county and on taxpayers of the assessor’s choosing each year in order to comply with the four year requirement. The CAA notes that the formula lacks sufficient flexibility to allow assessors to adequately manage their resources and workload across multiple years. SB 1498 provides that statutory audit requirement would be met as long as the largest taxpayer audits and discretionary audits are conducted over a rolling four year period. [See SEC. 51 of the bill.]
- Property and Business Improvement District Law of 1994. Practitioners who work with property and business improvement districts (PBIDs) have identified errors and ambiguities in statutes governing PBIDs. The 1994 Act specifies multiple procedures for establishing a district, including the passage of a resolution of establishment and a resolution of formation. Some practitioners argue that the resolution of establishment is a holdover from an earlier version of the law and duplicates both the resolution of formation and the management district plan, which together specify the purposes and activities of the district. SB 1498 repeals the requirement to enact a resolution of establishment. [See SEC. 52 of the bill.]
Comments
Purpose of the bill. SB 1498 compiles, into a single bill, noncontroversial statutory changes to seven parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs the state around $18,000. By avoiding six other bills, the Committee’s measure avoids approximately $108,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 1498 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
State Controller Betty Yee
California Special Districts Association
None received
5/9/18 16:29:06
**** END ****
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Mike McGuire, Chair
2017 - 2018 Regular
Bill No: | SB 1498 | Hearing Date: | 4/25/18 |
Author: | Committee on Governance and Finance | Tax Levy: | No |
Version: | 4/18/18 | Fiscal: | Yes |
Consultant: | Favorini-Csorba | ||
Local Government Omnibus Act of 2018
Proposes several changes to state laws governing local governments’ powers and duties.
Background
Each year, local officials discover problems with state statutes affecting counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890.
Legislators respond by combining several of these minor topics into an annual “omnibus bill.” In 2017, for example, the local government omnibus bill was SB 205 (Senate Governance & Finance Committee) which contained noncontroversial statutory changes to 11 areas of local government law, avoiding more than $150,000 in legislative costs. Although this practice may violate a strict interpretation of the single-subject and germaneness rules as presented in Californians for an Open Primary v. McPherson (2006), it is an expeditious and relatively inexpensive way to respond to multiple requests.
Proposed Law
Senate Bill 1498, the “Local Government Omnibus Act of 2018,” proposes the following changes to the state laws affecting local agencies’ powers and duties:
Large special district reporting requirements. Current law requires the State Controller’s Office (SCO) to prepare an annual report for the top 250 special districts with the largest total revenues for the reporting period containing the following information: reserved and unreserved fund balances, reserved and unreserved retained earnings, fixed assets, and cash and investments. The law also requires the SCO post the information on its website by June 30th following the end of the annual reporting period. The SCO notes that the terms and information required are outdated and do not reflect the most recent terms and information from the Governmental Accounting Standards Board (GASB) statements. In order to ensure that the SCO’s reports on the largest special districts meet the latest standards for financial reporting, SB 1498 deletes specific terminology in statute, and replaces it with general language requiring that the report includes information that is consistent with generally accepted accounting principles and GASB statements. [See SEC. 2 of the bill.]
Mandate reimbursement test claim filing period. Current law requires test claims to the Commission on State Mandates to be submitted no later than 12 months following the effective date of the statute or executive order, or within 12 months of incurring increased costs as a result of a statute or executive order, whichever is later. This filing period was changed in law in 2004 (AB 2856, Laird). In December 2017, the Commission on State Mandates approved amendments to California Code of Regulation Section 1183.1(c) that amends the filing period for test claims from conforming to the fiscal calendar year, ending on June 30th, to the calendar year, ending December 31st . In testimony during the rulemaking process, the Commission Staff stated that “[t]his change is intended to make the regulation consistent with the plain language of Government Code section 17551(c).” The California Special Districts Association notes that the new regulations effectively shorten the filing period for an agency to submit a test claim to the Commission by six months, making the requirements much more difficult for local governments to meet. The previous filing period that aligned with the fiscal year properly reflected an understanding of the local agency budgeting process. In order to permit local agencies enough time to gather the relevant information and submit well-prepared test claims, SB 1498 aligns the test claim filing period with the fiscal year. [See SEC. 3 of the bill.]
Gender-neutral references in Title 4 of the Government Code. Current law establishes the powers and duties of city governments and their officers in Title 4 of the Government Code. SB 742 (Moorlach, 2016) amended Sections 41001 to 41007 of the Government Code to, among other things, change male-gendered pronouns to gender-neutral references. Senate Committee on Governance and Finance staff notes that there are at least 44 code sections that refer to officers and others using male pronouns throughout the remainder of Title 4 of the Government Code. SB 1498 makes those references gender-neutral. [See SEC. 4 to SEC. 47 of the bill.]
Mello-Roos debt reporting. AB 1666 (Brough, 2015) required public agencies to report Mello-Roos debt to the California Debt and Investment Advisory Commission (CDIAC), and post a copy of that report on the public agency’s website. The California Special Districts Association notes that CDIAC has since updated their reporting methods and now only provides for online form-based reporting; public agencies are no longer required to submit physical reports to CDIAC. As a result, public agencies no longer have a copy of the report that can be posted on their websites. In order to allow local agencies to disseminate the reported information in a format that they have available, SB 1498 allows an agency to meet the posting requirements of AB 1666 by posting a link to the State Treasurer’s website where the reported information can be located. [See SEC. 48 of the bill.]
Enhanced Infrastructure Financing Districts (EIFDs). Current law allows cities and counties to form EIFDs to receive tax increment funds from local agencies that voluntarily contribute funds for infrastructure development within their boundaries. The California Association for Local Economic Development (CALED) wants to make several changes to the statutes that govern their formation:
- Current law requires a copy of the full Resolution of Intent to be mailed to each property owner within the proposed district. CALED notes that the full resolution is complicated to understand and is costly to mail. To reduce costs and provide members of the public with a simpler notice, SB 1498 permits a simplified notice to be mailed to property instead. [See SEC. 49 of the bill.]
- Current law contains incorrect references to an “ordinance” that should refer to a “resolution.” SB 1498 corrects that reference. [See SEC. 50 of the bill.]
Audit flexibility for county assessors. Every year, businesses self-report their assets and improvements; to encourage compliance, current law requires county assessors to perform a “significant number of audits” every four years. The formula for determining what constitutes a significant number of audits is contained in Revenue and Taxation Code Section 469 and was updated nine years ago at the request of the County Assessors Association (CAA). This formula requires the assessor to perform a specified number of audits on the largest taxpayers in the county and on taxpayers of the assessor’s choosing each year in order to comply with the four year requirement. The CAA notes that the formula lacks sufficient flexibility to allow assessors to adequately manage their resources and workload across multiple years. SB 1498 provides that statutory audit requirement would be met as long as the largest taxpayer audits and discretionary audits are conducted over a rolling four year period. [See SEC. 51 of the bill.]
Property and Business Improvement District Law of 1994. Practitioners who work with property and business improvement districts (PBIDs) have identified errors and ambiguities in statutes governing PBIDs. The 1994 Act specifies multiple procedures for establishing a district, including the passage of a resolution of establishment and a resolution of formation. Some practitioners argue that the resolution of establishment is a holdover from an earlier version of the law and duplicates both the resolution of formation and the management district plan, which together specify the purposes and activities of the district. SB 1498 repeals the requirement to enact a resolution of establishment. [See SEC. 52 of the bill.]
State Revenue Impact
No estimate.
Comments
Purpose of the bill. SB 1498 compiles, into a single bill, noncontroversial statutory changes to seven parts of state laws that affect local agencies and land use. Moving a bill through the legislative process costs the state around $18,000. By avoiding six other bills, the Committee’s measure avoids approximately $108,000 in legislative costs. Although the practice may violate a strict interpretation of the single-subject and germaneness rules, the Committee insists on a very public review of each item. More than 100 public officials, trade groups, lobbyists, and legislative staffers see each proposal before it goes into the Committee’s bill. Should any item in SB 1498 attract opposition, the Committee will delete it. In this transparent process, there is no hidden agenda. If it’s not consensus, it’s not omnibus.
Support and Opposition
(4/19/18)
Support: California Special Districts Association; State Controller Betty Yee.
Opposition: Unknown.
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Bill Author
Bill Co-Author(s):