SB 184 — Local government: omnibus bill.

Summary

(1) Existing law authorizes specified local entities, including cities, counties, special districts, and other authorized public corporations, to collect fees, tolls, rates, rentals, or other charges for water, sanitation, storm drainage, or sewerage system services and facilities. Under existing law, a local entity may collect these charges on the property tax roll at the same time and in the same manner as its general property taxes. If the entity collects these charges in this way, existing law requires the entity to prepare and file with its clerk or secretary a report describing each parcel of property receiving the above-described services and the amount charged. Existing law requires the clerk or secretary to annually file the report with the auditor. Existing law defines "clerk" for these purposes to mean the official clerk or secretary of the entity. Existing law also authorizes these local entities to fix fees or charges for the privilege of connecting parcels of property to their sanitation or sewerage facilities, subject to specified procedures. Existing law requires the legislative body of the local entity to annually file with the auditor a list of lots or parcels of land subject to these fees or charges and the amounts of the installments of the fees or charges to be entered against the affected lots or parcels of land. Existing law requires the auditor to enter on the assessment roll the amounts of installments of these fees or charges. Existing law defines the auditor, for the purposes of these provisions, as the financial officer of the local entity. This bill would instead define "clerk" to mean the clerk of the legislative body or secretary of the entity. The bill would clarify that the above-described provisions relating to the authority and duties of the auditor apply only to the county auditor. The bill would also make technical, nonsubstantive changes to these provisions. (2) Existing law requires a 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. Existing law authorizes a county recorder to make marginal notations to indicate whether internal revenue stamps were affixed to specified documents. This bill would instead authorize the county recorder to make marginal notations on records as part of the recording process. Existing law requires a county recorder to keep an index of the separate property of married women, as specified. This bill would repeal this requirement. Existing law authorizes a county recorder to keep a general grantor-grantee index of specified recorded documents relating to real property transfers. This bill would authorize the recorder to combine the general grantor-grantee index in a computerized or electronic format, as provided. Existing law establishes the procedures that a county recorder is required to follow to record an instrument that is authorized by law to be recorded and deposited in the recorder's office, including, among other requirements, that the recorder endorse upon the document the name of the person who requested its recordation. This bill would delete that endorsement requirement. Existing law requires, before a recorder accepts it for recording, a deed or instrument executed to convey fee title to real property to note across the bottom of the first page the name and address to which future tax statements may be mailed. This bill would delete the requirement that this information appear across the bottom of the page. The bill would also make technical changes to various provisions related to county recorders. (3) Existing law, the Subdivision Map Act, provides that the regulation and control of the design and improvement of subdivisions is vested in the legislative bodies of local agencies. Existing law requires that an engineer or surveyor making a survey for a final subdivision map or parcel map set sufficient durable monuments so that another engineer or surveyor may readily retrace the survey, as specified. Existing law authorizes a city or county to require a subdivider to provide a deposit to ensure the payment of various fees and services related to a final map or parcel map, including payment of the cost of setting the final monuments. Existing law requires that if an engineer or surveyor's costs of setting final monuments are to be paid from the deposit held by the city or county, the payment be made by the city or county's legislative body within a specified period of time. This bill would allow the legislative body to authorize any public officer or employee, as specified, to release or reduce the amount of the cash deposit to pay the engineer or surveyor for setting the final monuments. The Subdivision Map Act and local ordinances authorize or require, under specified circumstances, the furnishing of specified types of security with respect to the performance of various acts or agreements subject to the act. Existing law, until January 1, 2016, also sets forth the specific requirements imposed on a local agency for the complete or partial release of a performance security furnished by a subdivider. This bill would delete the repeal of the provisions relating to the requirements for releasing a performance security, thereby extending the operation of these provisions indefinitely and imposing a state-mandated local program. (4) Existing law, the Uniform Public Construction Cost Accounting Act (UPCCAA) , establishes the California Uniform Construction Cost Accounting Commission, which is responsible for recommending, for adoption by the Controller, uniform construction cost accounting procedures for implementation by public agencies in the construction of public projects. Existing law requires the commission to consist of 14 members, including 2 members who represent school districts, one with an average daily attendance over 25,000 and one with an average daily attendance under 25,000. Existing law requires that members of the commission hold office for terms of 3 years and until their successors are appointed, and requires the Controller to appoint a replacement to fill a vacancy on the commission within 90 days after the expiration of any term. Existing law requires that each member of the commission serve without compensation, but requires them to be reimbursed for travel and other expenses, as provided. This bill would delete the requirement that the 2 members who represent school districts represent districts with an average daily attendance above and below 25,000. The bill would clarify that the Controller may reappoint members of the commission for subsequent three year terms, would authorize the Controller to appoint a successor for any commissioner after his or her 3-year term expires, and would require the Controller to fill any vacancy on the commission within 120 days, instead of 90 days, after the expiration of any term. The bill would also require reimbursement rates for travel by members of the commission to conform to the Controller's travel guideline rates. The UPCCAA requires each participating local agency to adopt an informal bidding ordinance that, among other things, specifies the manner in which notices inviting informal bids are to be sent to a list of qualified contractors, construction trade journals, or both. This bill would clarify the requirements of that ordinance and would authorize notices inviting informal bids to be faxed or emailed to the appropriate contractors list or trade journals, as provided. The UPCCAA requires the governing body of a participating local agency to adopt plans, specifications, and working details for public projects that exceed a specified value. This bill would authorize that governing body to designate a representative to adopt those plans, specifications, and working details. The UPCCAA requires the commission to review the accounting procedures of any participating public agency if an interested party presents evidence that the work undertaken by the public agency falls within specified categories, and provides procedures by which an interested party must make a request. This bill would additionally require the commission to review practices of any participating public agency if an interested party presents evidence that the public agency is not in compliance with a specified provision of the UPCCAA and would require that this request be in writing, sent by certified or registered mail, and received by the commission, as specified. The bill would require the commission review to commence immediately and conclude 90 days from the receipt of the request for commission review. The UPCCAA requires the commission to prepare written findings after it reviews an agency's compliance with the act or uniform cost accounting procedures, requires the public agency to present the commission's findings to its governing body, and requires that governing body to conduct a public hearing regarding those findings within 30 days of receipt of the findings, as provided. This bill would require the commission to present the written findings to the public agency within 30 calendar days of formal commission review, would require the public agency to present the commission's findings to the governing body of that agency within 30 calendar days receipt of written notice of the findings, and would require that governing body to hold a public hearing regarding the commission's findings within 60 calendar days, instead of 30 days, of receiving those findings. The bill, on findings of noncompliance, would require the agency to notify its governing body of the commission's findings within 60 calendar days of receipt of written notice of the findings from the commission, and would require the agency to notify the commission in writing, within 90 days, of the public agency's best efforts to comply, as specified. (5) Existing law requires any county with a population of less than 500,000 to employ certain bidding procedures on public projects. Existing law authorizes every county, whether general law or charter, containing a population of less than 500,000 to participate in the UPCCAA. This bill would also authorize a county, whether general law or charter, containing a population of less than 500,000 to award individual annual contracts, as provided. (6) Existing law authorizes the legislative body of a local agency to summarily vacate a public service easement, under specified circumstances. Existing law authorizes the legislative body of a local agency to vacate street, highway, or public service easement by adopting a resolution of vacation containing specified information. This bill would authorize the legislative body of a local agency to designate any public officer or employee to summarily vacate a public service easement under the same conditions, and would authorize the legislative body of a local agency to delegate the authority to vacate a public service easement to any public officer or employee, as provided. The bill, if the resolution of vacation applies to a public service easement vacated by a public officer or employee, would also require the resolution to contain a certification that all entities having any right, title, or interest in the public service easement being vacated have been notified of this action. (7) The Parking and Business Improvement Area Law of 1989 authorizes local governmental agencies to levy assessments on businesses located and operating in a designated parking and business improvement area. The Multifamily Improvement District Law authorizes the establishment of multifamily improvement districts within a city or county to levy assessments on residential rental properties within the district for the purpose of financing certain improvements and promoting certain activities beneficial to those properties. Those laws impose certain duties upon the clerk with regard to the levy of those assessments. This bill would define "clerk" for purposes of those laws to mean the clerk of the legislative body, and would make a related conforming change. (8) Existing law authorizes a water district to execute, by its president and secretary, all contracts and other documents necessary to carry out the powers and purposes of the district. This bill would authorize the governing board of a water district to delegate to district officers and employees the power to execute contracts on the district's behalf. (9) Existing law provides for the formation of the Paso Robles Basin Water District, and authorizes the board of directors of the district to adopt ordinances relating to the use and extraction of groundwater after noticed public hearings. Existing law authorizes the board to dispense with the notice of public hearing and adopt an emergency ordinance by the vote of at least 4 members of the board. This bill would instead require a vote of at least 7 members of the board to dispense with the notice of public hearing and adopt an emergency ordinance. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

• Chaptered 09/04/15 - Chaptered Current pdf September 04, 2015
• Enrolled 08/24/15 - Enrolled pdf August 24, 2015
• Amended 06/15/15 - Amended Assembly pdf June 15, 2015
• Amended 04/16/15 - Amended Senate pdf April 16, 2015
• Introduced 02/09/15 - Introduced pdf February 09, 2015
• SB184 View text html

Action History

1. September 04, 2015

   Chaptered by Secretary of State. Chapter 269, Statutes of 2015.

2. September 04, 2015

   Approved by the Governor.

3. August 26, 2015

   Enrolled and presented to the Governor at 4:30 p.m.

4. August 20, 2015

   Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling.

5. August 19, 2015

   Ordered to special consent calendar.

6. July 16, 2015

   In Senate. Concurrence in Assembly amendments pending.

7. July 16, 2015

   Read third time. Passed. (Ayes 79. Noes 0. Page 2431.) Ordered to the Senate.

8. July 09, 2015

   Read second time. Ordered to consent calendar.

9. July 08, 2015

   From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (July 8).

10. July 02, 2015

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on APPR.

11. June 15, 2015

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

12. May 28, 2015

    Referred to Com. on L. GOV.

13. May 18, 2015

    In Assembly. Read first time. Held at Desk.

14. May 18, 2015

    Read third time. Passed. (Ayes 36. Noes 0. Page 1030.) Ordered to the Assembly.

15. May 13, 2015

    Ordered to special consent calendar.

16. May 12, 2015

    Read second time. Ordered to third reading.

17. May 11, 2015

    From committee: Do pass. (Ayes 7. Noes 0. Page 960.) (May 11).

18. May 05, 2015

    Set for hearing May 11.

19. April 29, 2015

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0. Page 815.) (April 29). Re-referred to Com. on APPR.

20. April 24, 2015

    Set for hearing April 29.

21. April 22, 2015

    Re-referred to Com. on GOV. & F.

22. April 16, 2015

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

23. February 19, 2015

    Referred to Com. on RLS.

24. February 10, 2015

    From printer. May be acted upon on or after March 12.

25. February 09, 2015

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Governance and Finance · Primary

Votes

Subjects