Local Government Omnibus Act of 2009.

(1) Existing law establishes a system of county law libraries and regulates their operation and governance, including, among other things, the amount a county law library is authorized to maintain in its revolving fund. This bill would make various revisions to the provisions governing county law libraries. (2) Existing law requires the Administrative Office of the Courts to make monthly distributions from superior court filing fees to the law library fund in each county in specified amounts. This bill would increase the amount of the superior court filing fees for distribution to law libraries in specified counties. (3) Existing law authorizes the formation of a school facilities improvement district in a county, if the board of supervisors adopts a resolution authorizing the establishment of the district. This bill would specify that the resolution of the board of supervisors may authorize a school facilities improvement district to be operative in the county generally, or to one or more school districts or community college districts within the county. (4) Under existing law, 12 counties are authorized to convert the public administrator's office from an elected to an appointed position by ordinance and without voter approval, 7 counties are authorized to appoint the same person as the public administrator and the public guardian, and 8 counties are authorized to separate the consolidated office of district attorney and public administrator. This bill would also authorize Amador County to utilize these provisions. (5) Existing law authorizes the boards of supervisors of certain counties to enter into contracts with private enterprise to provide services that require special experience, education, and training that the county possesses, as specified. This bill would extend that authorization to the Board of Supervisors of Sonoma County. (6) Existing law authorizes the board of supervisors of counties to authorize the purchasing agent to engage independent contractors to perform services for the county or county officers, when the aggregate cost does not exceed $50,000 for counties with a population of less than 200,000 and $100,000 for counties with a population of 200,000 or more, as specified. This bill would authorize the purchasing agent to engage independent contractors to perform services for the county or county officer, when the annual aggregate cost does not exceed $50,000 for counties with a population of less than 200,000 and $100,000 for counties with a population of 200,000 or more. (7) Existing law specifies the procedures a county must follow when adopting an annual budget. This bill would implement the County Budget Act, which would clarify the definition of the terms administrative officer, auditor, board, and controller, and would define the terms adopted budget, budget year, final budget, and recommended budget, and would make conforming changes throughout. The bill would also repeal obsolete provisions and make other conforming changes. (8) Existing law requires the board of supervisors of each county to establish a property tax reduction fund to receive all new revenues from sources other than property tax to reduce the property tax rate, as specified. This bill would repeal these provisions. (9) Existing law authorizes Sonoma County to adopt a retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory of a county, as specified. This bill would repeal this authorization. (10) Existing law requires the Controller to prescribe and publish uniform accounting procedures for counties that conform to generally accepted accounting principals, as specified. This bill would instead require the Controller to prescribe and publish uniform accounting procedures for counties that conform to the Generally Accepted Accounting Principles. (11) Existing law specifies the procedures for setting the compensation of city council members and establishes a compensation schedule based on city population. This bill would raise the maximum compensation of city council members established in the compensation schedule and authorize city councils to raise the salary of council members under specified circumstances. (12) Existing law authorizes a local agency to invest a portion of its surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit, as specified. This bill would correct an incorrect cross reference in these provisions. (13) Existing law requires each city, county, or city and county investor of public funds to provide a statement of investment policy to the California Debt and Investment Advisory Commission, as specified. This bill would repeal this requirement. (14) Existing law authorizes the board of directors of a community services district, by resolution, to change the name of the community services district, as specified, and requires the board to file a copy of its resolution with the Secretary of State, the county clerk, the board of supervisors, and the local agency formation commission. This bill would also require the board of directors to file the resolution with the State Board of Equalization and the county auditor. (15) Existing law authorizes a city to form any portion of the city into a special municipal tax district for the purpose of levying upon the taxable property in the district a special tax not to exceed $1 a year on each $100 of assessed valuation, as specified. This bill would repeal this authorization. (16) The Subdivision Map Act establishes standards and procedures for subdivision of land in the state by prohibiting the selling, leasing, or financing of any parcel of real property without compliance with the map review, approval, and recordation requirements of the act. The act exempts from its provisions, among other things, a lot line adjustment between 4 or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency or advisory agency. This bill would require a local agency or advisory agency to act to approve or disapprove a lot line adjustment pursuant to the Permit Streamlining Act. The bill would also exempt the leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project, as specified. (17) The Subdivision Map Act requires that final maps and parcel maps be prepared by or under the direction of a registered civil engineer or licensed land surveyor and conform to all specified provisions, including that the exterior boundary of the land included within the subdivision be indicated by distinctive symbols and clearly so designated. This bill would require that the exterior boundary of the land included within the subdivision not include a parcel that has been designated as a remainder of the subdivision or has been omitted from the subdivision and would require the designated remainder or omitted parcel to be labeled as a designated remainder parcel or omitted parcel. (18) The Subdivision Map Act requires that dedications of, or offers to dedicate interests in, real property for specified public purposes be made by a statement on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided. This bill would require, if a subdivider is required under the act or any other provision of law to make a dedication for specified public purposes on a final map, that the local agency specify whether the dedication is to be in fee for public purposes or an easement for public purposes. The bill would require the subdivider to include certain language in the dedication clause on the final map or any separate instrument. (19) Existing law authorizes a county board of supervisors to levy a special sanitary tax to prevent the introduction of, and to eradicate dangerous, infectious, or communicable diseases, and for general sanitation purposes, as specified. This bill would revise these provisions to conform with Article XIIIA of the Constitution. (20) Existing law authorizes a county board of supervisors to levy a special tax to provide and maintain a home for veteran soldiers, sailors, and marines who have served the United States honorably in any of its wars, as specified. This bill would revise these provisions to conform with Article XIIIA of the Constitution. (21) Existing law authorizes a county board of supervisors to levy a special tax to provide, maintain, or provide and maintain buildings, memorial halls, meeting places, memorial parks, or recreation centers for the use or benefit of one or more veterans' associations, as specified. This bill would revise these provisions to conform with Article XIIIA of the Constitution. (22) Existing law defines various terms, for purposes of the Public Cemetery District Law. This bill would define "interment right," for purposes of that act, to mean the right to use or control the use of a plot, niche, or other space for the interment of human remains. (23) Existing law authorizes the governing board of a public cemetery district to establish a revolving fund, in an amount not to exceed 110% of 112 of the district's adopted budget for the fiscal year. This bill would instead authorize a public cemetery district to establish a revolving fund, not to exceed either $1,000, if the purpose of the revolving fund is to make change and pay small bills directly, or 110% of 112 of the district's budget for the current fiscal year if the purpose of the revolving fund is to pay any authorized expenditures of the district. (24) The Public Cemetery District Law authorizes a public cemetery district to accept any grants, goods, money, property, revenue, or services from any federal, state, regional, or local agency or from any person for any lawful purpose of the district. Existing law also authorizes a public cemetery district to borrow money and incur indebtedness, as specified. This bill would require the district to pay all money received or collected into a separate fund in the county treasury on or before the 10th day of the month following the month in which the district received or collected the money. (25) Existing law requires the governing board of each air pollution control district to include one or more members who are mayors, city council members, or both, to be selected by the city selection committee or by the city in districts where the county and cities have agreed that each city shall be represented on the governing board, and one or more members who are county supervisors, to be selected by the county, as specified. This bill would authorize the city selection committee or the city to also select a mayor or another city council member as an alternate to serve and vote in place of a member who is absent or disqualified from participating, as specified. (26) Existing law authorizes a county recorder, in the last county of permanent residence of one or both parents of a child, to record a certificate of birth or of birth data issued by an agency of the government of the United States to authenticate a birth of a child to a United States citizen outside of the United States, as specified, and to record a certificate of death or death data issued by an agency of the government of the United States to authenticate the death of a United States citizen outside the United States, as specified. This bill would repeal that provision and instead require a county recorder to issue a certified copy of a foreign birth or death recorded in the office of the county recorder only as an official record of the county recorder, and not as a certified copy of a vital record, as specified. This bill would prohibit a certificate of birth or death outside of the United States from being recorded by the recorder, except as specified. (27) Existing law requires the governing bodies of county waterworks districts to use public bidding procedures for waterworks service contracts. This bill would clarify that county waterworks districts are required to follow public bidding procedures when awarding contracts for public works, but are allowed to let service contracts in the same manner as counties and other public agencies. (28) Under the Alquist-Priolo Earthquake Fault Zoning Act, prior to approving a project within an earthquake fault zone, a city or county is directed to require the preparation of a geologic report, subject to certain exceptions. This bill would specifically exempt from this requirement projects relating to structures owned and operated by the state entities and agencies listed on the California Register of Historical Resources or the National Register of Historic Places, including the California Memorial Stadium, if the state agency or entity submits a plan of proposed alterations to the State Geologist. (29) Existing law requires a municipal utility district's general manager to publish its annual financial report in a general circulation newspaper. This bill would authorize a municipal utility district to instead publish a summary of its annual financial report. (30) The Resort Improvement District Law authorizes a district board to provide each director compensation of not more than $25 and reimbursement for travel expenses actually incurred by the director not to exceed $0.15 per mile for each meeting of the board, not to exceed two meetings in any calendar month. This bill would instead authorize compensation of not more than $25 for each meeting of the board, not to exceed two meetings in any calendar month, plus reimbursement for actual and necessary expenses incurred in the performance of duties pertaining to the board. The bill would also require any compensation provided to comply with the guidelines for providing compensation of legislative body members for attendance at specified meetings, and would require ethics training. (31) Existing law requires a city to enter into a property tax exchange agreement with the county in which it is located before it may annex territory. Until January 1, 2010, existing law requires a city and county that are unable to reach a property tax exchange agreement to participate in a 3-step alternative dispute resolution process. This bill would extend this alternative dispute resolution requirement to January 1, 2015. (32) Existing law authorizes a county board of supervisors to form special road maintenance districts, and to estimate annually, the amount of property tax for highway purposes in each road district, and fix the amount of, and levy, the property tax in each special road district for highway purposes, not to exceed $0.40 on every $100 of assessable property in the district in any year. This bill would revise these provisions to conform with Articles XIIIA and XIIIC of the Constitution. (33) Under existing law, all streets, places, public ways, property, rights-of-way, tidelands, submerged lands owned by any city, open or dedicated to public use, any property for which an order for possession prior to judgment has been obtained, all tidelands or submerged lands to which the right, title, and interest of the state have been granted to any city, and all tidelands or submerged lands which have been leased by the state to any city for the construction of improvements are open public streets, places, public ways, or property or rights-of-way owned by the city, for the purposes of the Improvement Act of 1911. This bill would include among those open public streets, places, public ways, or property or rights-of-way owned by the city, all tidelands or submerged lands for which a permit, license, or easement has been issued by the United States Army Corps of Engineers, as specified. (34) Existing law authorizes any public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of the public entity, to adopt and enforce a water conservation program to reduce the quantity of water used by those persons for the purpose of conserving the water supplies of the public entity, as specified. Existing law requires any adopted ordinance or resolution to be published or posted, as specified.This bill would authorize the public entity to publish a summary of the proposed and adopted ordinance, resolution, or amendment to an existing ordinance or resolution, with a certified copy of the full text of the ordinance, resolution, or amendment to an existing ordinance or resolution available at the office of the governing body, or to display an advertisement of the meeting at which the governing board will consider the proposed or adopted ordinance, resolution, or amendment to an existing ordinance or resolution, in a newspaper of general circulation in the county, as specified. (35) The California Water Storage District Law authorizes directors to receive compensation of $100 per day, not to exceed 6 days a month, $0.10 per mile for each mile traveled from the board member's place of residence to the office of the board, and actual and necessary expenses while engaged in official business under the order of the board. This bill would instead authorize directors to receive compensation of not more than $100 per day, not to exceed 6 days a month, and actual and necessary expenses while engaged in official business under the order of the board. (36) Under existing law, a waterworks district is empowered to sell surplus water outside of the district with the approval of the governing body of the local agency formation commission. This bill would authorize a waterworks district to sell any water outside of the district if its governing body finds that the water is needed for public health, public safety, or emergency purposes, as defined. (37) Existing law authorizes a waterworks district to sell or lease surplus property without public notice when the value of the property is $100 or less, or when it is sold to another county waterworks district governed by the same board. This bill would expand a waterworks district's authority to sell, lease, or exchange property, or an interest in property, without notice when the property is valued at $5,000 or less, or is sold to another public agency with a service area or jurisdictional boundary that overlaps with the district. (38) The North Delta Water Agency Act creates the North Delta Water Agency, defines the powers and duties of the agency, prescribes the boundaries of the agency, and specifies the mode of assessment to finance the agency. Existing law also prescribes the method for dissolving the agency. This bill would make various revisions to the provisions relating to collecting assessments, levying special benefit assessments, and the agency's dissolution. (39) This bill would incorporate additional changes to Section 66412 of the Government Code, proposed by SB 251, to be operative only if SB 251 and this bill are all enacted, both bills amend Section 66412 of the Government Code, and this bill is enacted after SB 251.