HomeMy WebLinkAboutMINUTES - 03161993 - 1.35 1135
TO: BOARD OF SUPERVISORS `............ °F Contra
FROM: Phil Batchelor, County Administrator
_ Costa
County
March 10, 19 9 3
DATE: A•cou Kt'`
SUBJECT: LEGISLATION: SB 405 (Bergeson)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acknowledge that the Board of Supervisors is the SPONSOR of that
portion of SB 405 by Senator Marian Bergeson, which would make the
notice requirements for the adoption of fire district budgets
parallel to those for the County' s General Fund Budget.
BACKGROUND:
Each year the Senate Local Government Committee sponsors a bill
which makes a number of technical and generally non-controversial
amendments to laws affecting local governments . For 1993, this
bill is SB 405 by Senator Marian Bergeson, Chair of the Senate
Local Government Committee.
As a part of the Board' s 1993 Legislative Program, the Board
included a request for legislation which would make the published
notice requirement for fire district budgets the same as they are
for the County' s General Fund Budget. Currently the County must
advertise once for the public hearing on the General Fund Budget.
However, the County must advertise on two separate occasions for
the fire district budgets, resulting in additional costs for the
County and inconsistent notice requirements.
Senator Bergeson agreed to include a change in SB 405 which would
reduce the notice requirement from two times to once for fire
district budgets to keep it parallel with the notice requirement of
the County' s General Fund Budget and to save the County the cost of
publishing the additional notice.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 16,- 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED MAR 16 1993
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
CC: SUPERVISORS AND COUNTY ADMINISTRATOR
See Page 2
BY DEPUTY
=2-
In view of the fact that this measure is a part of the Board' s 1993
Legislative Program, it is appropriate for the Board of Supervisors
to indicate that it is the sponsor of this element of SB 405 .
cc: County Administrator
Chief Clerk, Board of Supervisors
County Counsel
George Roemer, Senior Deputy County Administrator
Terry McGraw, Management Analyst-Special Districts
Chiefs, Contra Costa County, West County, Riverview, Moraga
and Orinda Fire Protection Districts
Les Spahnn; Heim, Noack, and Spahnn
SENATE BILL No. 405
Introduced by Senator Bergeson
February 23, 1993
An act to. amend Sections.61593, 23119, 23130,.23133, 24000,
24304, 25081, 25332, 2584511 29088, .36934,- 535343, 53901, and
-68096.1 of, to add Section 65352.5 to, and to.repeal Article 5.5
(commencing with.Section.65958) of Chapter 4.5 of Division
i 1 of Title 7 of, the Government Code, to repeal.Section 6832
of the Harbors and Navigation Code, to amend Sections 6487
and 13893 of, and to add.Section. 6480.7 to, the Health and
Safety Code, to amend Section 20206.9 of,. and to. repeal
Sections 9202, 20206.7, and. 20206.8 of, the Public Contract
Code, and to amend Sections 21102,21375;and 21560 of, to add
Sections 74452 and 75601 to, and to add Article 3
(commencing with Section 74480) to Chapter 4 of Part 4 of
Division 21 of, the Water.Code;'relating to local'agencies. .
LEMLATIVE COUNSEL'S.DIGEST
.SB'405, as introduced, Bergeson. Local agencies.
Existing. law permits, in general, a city, county, city and
county, or other public agency to authorize the acceptance of
a credit card for various payments. Existing law permits the
acceptance of a credit card rendered by any city, county, or
city and county but not by any other public agency.
This bill would permit the acceptance of a credit card for
services rendered by any other public agency.
Existing law . describes the. official boundaries. of all the
counties in the state and also permits counties to adjust their
mutual boundaries.
This bill would change the official boundary descriptions
for Los Angeles, Orange, and Riverside counties to conform
to recent changes in the boundaries of those counties.
Existing law lists the various officers of a county.
This bill would add public guardian to that list of county
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SB 405 w.2...._
officers.
f
Existing law authorizes the consolidation of county offices C
and specifies various combinations of consolidated offices in
counties of the 13th to 57th classes, inclusive.
This billy Would additionally authorize, in these counties, the ti
combination of tax collector/county'clerk and treasurer.
Existing Taw requires county boards of supervis
g at the 'county ors to hold s
their regular meetin s seat. VI *a;
This bill would authorize the supervisors to hold regular
meetings at any place within the county subject to applicable
notice requirements. w
Existing law authorizes the boards of supervisors of. Los P:
Angeles and San Bernardino Counties to enter into contracts al
with . private enterprise to provide services that, require
Special experience, education, training, or other capabilities a€
that the county possesses and to charge fees for the services, be
subject to prescribed procedures and exceptions'until January
1, 199T . pl
This bill would grant the same authority to Butte, Merced, er
and Orange Counties. cc
Existing law permits a county board of supervisors to *sy
establish a procedure for the abatement of a nuisance. The in
procedure requires,among other things, that the owner of they
parcel, or anyone known to be in possession of,the parcel, be
given notice of the abatement proceeding and an opportunity
or
to appear before the board and be heard prior to abatement
of the nuisance by the county. However, in counties with a v'1
hi�
populationof 6,040,000.or more the board of supervisors may
delegate the hearing to a designated hearing board. v'1
This bill would permit this delegation of the hearing in cul
counties with a population of 1,0(14,400 or more. col
Existing law requires the county board of supervisors to
adopt a final county budget no later than August 34 of each em
year. 1
Sat
This bill would permit the board of supervisors, whenever
the state budget is enacted after July 1, to extend the date for aut
adoption of the budget for a period not to exceed 60 days from cor
the date of the enactment of the state budget or October 2, san
whichever is" later, or 15 days beyond September 18 in
specified circumstances. f
99 100
-3 — SB 445
Existing law permits the waiver of a requirement that all
offices city,.ordinances be. read in full at the time of introduction or
ices in passage by unanimous vote of all council members present.
This bill would permit that waiver by majority Vote..,
es, the Existing law authorizes any city, county, or city and county
T to enter into contracts commonly known as interest rate
o hold swap agreements" or "forward payment conversion
agreements„ only until January 1, 1996.
q This bill would delete that termination date.
egular
I Existing law requires every local agency, as defined, to-file .
licabie with the county auditor of the county in which it conducts its
principal business a copyof its annual budget within 60 days
P
Df. Los P g Y
tracts after .the begirini_ng of its fiscal year.
This bill would permit the county auditor to .exempt local
�quire
agencies' from 'the re uirement.
Ailitzes Existing law requires that prior to action by a legislative
Y
rvices, body to adopt or substantially amend, a general plan, the
nuary Planning'a enc shall refer the proposed action to specified
erred, entities;including any public water system with 3,000 or more
*connections. Existing law then requires that. public water
yrs to system.. to provide the planning agency with specified
?. The information.
of the . This bill would relocate the latter requirement within the
Government.Code.
A., be Existing'.law specifies that any employee of a city, county,
tuni ' or city and county who is subpoenaed in. a civil lawsuit as a
,ment witness in a matter relating to his or her duties shall receive
's'lth a his or her normal salary or compensation and travel expenses
s may while appearing and that the party at whose request the
subpoena is issued shall.reimburse the city,county, or city and
ng In county for those expenses.
yrs to This bill would make these provisions applicable, to the
each employees. of a local agency, as defined.
Existing law states that the creation of indebtedness by the
Sacramento-Yolo Port District shall require prior,
iever to for authorization of a % majority vote of the members of the port
from commission. Other provisions of law impose essentially the
same requirement.
ger 2, This bill would repeal this provision.
18 in Existing law permits the board of directors of a sanitary
99 120
99 100
SB 405 —4—
district to authorize the district, manager or other district (�
employees to sign.releases, receipts, and similar documents in
the name of the district.
This bill would additionally permit the -board to authorize
those employees to.sign contracts and warrants in the name
of the district..
Existing law specifies that when a sanitary district
consolidates with or annexes the territory of a district
substantially identical to a sanitary district the number of
members of the board of directors may be increased from .5 I
to 7.
This bill would provide that if thth
e Capistrano Beach
Sanitary District and the Dana. . Point Sanitary District i
consolidate the board.of directors may consist of 5. 7, 9, or 11 .
members. ,- The bill would specify that the local agency
formation commission may designate the number and the
method for selection of the members of the board of directors.
Existing law requires the .board of directors of a fire
protection district to publish a notice once a week for .2
successive weeks before it adopts its final budget. ;
This bill 'would change that notice requirement to -one
'cation,
Existing law provides.that whenever a request for payment
from the state or.a. local entity pursuant to the terms of a
contract for the construction of a public. works project is
properly filed and the validity of the claims is not disputed or
has been settled or agreed upon payment shall include
i interest at the legal rate of 7% per year from the date of filing
if payment has not been made by . the 60th day after
submission of the claim.
This bill would repeal that provision.
' Under existing law proposals to perform work fora public
utility district shall be accompanied by a certificate of deposit
or certified check of 10% of the amount of the bid. If the
bidder, to. whom.the contract is awarded fails or neglects to
enter into the contract and file the required bond for 5 days
after the'award the district clerk shall draw the money due on
the certificate of deposit or,check and pay it into the treasury
of the district.
t
This bill would repeal those.provisions.
99 140
—5-- SB 405
istrict Existing law relating topublic utility districts requires the
ants in clerk of the district to furnish blanks for all proposals,
contracts, and bonds..
iorize This bill:would delete contracts from that requirement.
name Existing . law relating to irrigation district boards of
directors, requires directors to take office prior to the last
istrict Friday , in December next following the general district
istrict election, and requires that directors' terms of office expire at
►er of noon on the last Friday in December following the next
.om 5 general district election after an order changing the number
of divisions of the district_.
3each This bill. would change those references to the last Friday
istrict i in December .to the first Friday in December.
or 11 . Existing .law ;relating to irrigation districts, requires the
;ency directors to meet and organize as .a board on the day on which,
d the the board holds its regular monthly meeting in January of the
ctors. year succeeding the year in which a general election is held.
tfire This bill would instead specify that the board shall meet and
for .2 organize as a board on.,the day on which the`board holds its
first. regular monthly.., meeting after the first Friday in
► .:one *) \10 December of the year in which a general district election is
held.
ment Existing law: specifies the procedures for the redivision of
of a water conservation districts in Ventura County.
pct is } This bill.would.establish procedures for the relocation of
ed or. district division boundaries to equalize the population of
:lude divisions.
filing Existing .law permits water conservation districts to levy
after groundwater charges. Existing law requires the district to
cause to be made annually,an engineering imvestigation and
report on groundwater conditions of the district. The district
ublic board is required to hold a hearing on the report and then
posit may make a determination to levy a groundwater charge.
F the �) � `� This bill would establish aprocedure for the board to
its to amend the report at any time during the year, to hold a
days hearing, and then modify the groundwater. charge levied, as
ke on specified.
Lsury Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
0 0
9 140 99 160
i SB 405 —26-
1
26 -
1 b the party at whose request the subpoena was issued. «
Y p tY q p
2. (e) If a court continues a proceeding on its own
3-motion, no additional witness fee shall be required prior
4 , to the issuance of a subpoena or the making of any order i
5 directing the employee to appear on the date to which i
6 the proceeding is continued.
7 (fAs used in this section, `local agency„means a city,
8 county,. city and county, special district, redevelopment
9 agency, or any other political subdivision of the state.
10. SEC. 18. Section 6832 of the Harbors and Navigation,,
II Code is repealed:
12 683 Net-Mthstemding aW e0ter preNqs eft e€ the .
13 ere ear e€ mW. iAdei:.te,.i.. ess
14 pt r i e #mss ehap ;sal req��e e
15 prier autherizatkm e€a fire fseye.,..�,_ e e€the
16 membere of the pew .
17 SEC. 19. Section 6480.7 is added to the Health and
18 Safety Code, to read:
19. 6480.7. If the Capistrano Beach Sanitary District and
20 the Dana Point Sanitary District consolidate, the board of
21 directors of the successor agency Imay consist of 53- 7, 9, or
22 11 members. Pursuant... to , Section 65844 of the .
23 Government Code, . the local agency formation
24 commission may, designate the number and the;method
25 for the selection of the members of theboard of directors. V
26 SEC. 20, Section 6487 of the Health and Safety Code
27 is amended to read:
28 6487. All contracts, deeds,warrants,releases,receipts;
29 and documents shall be signed in the name of the district.
30 by .its president, and countersigned by its secretary,
31 except that the board may, by resolution, authorize the.
32 district manager or other district employees specified by
33 the board to sign contracts, warrants, releases,.receipts,
34 and similar documents in the name of the district.
35 SEC. 21. Section 13893 of.the Health and Safety Code
6 is amended to read:.
37 13893. (a) On or before June 30 of each year, a ,
38 district board shall publish a notice stating all of the
39 following:
40 (1) That it has adopted a preliminary budget which is f
t .
99 620
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_27 — SB 405
1 available for inspection at a time and place within the
2 district specified in the notice.
. 3 (2) The..date, time, and place when the board will
4 meet to adopt the final budget and that any person may
5 appear and be heard regarding any item in the budget or-
6
r6 regarding the addition of other items.
7 (b) The notice shall be published pursuant to Section
8 6966 6061 of the Government Code in at least one
9 . newspaper of general circulation in the district. The first
10 publication shall_be at least two weeks before the date .of
11 the meeting. If there is no newspaper published i. n the.
12 district, the. notice.shall be posted in three public places
13 in the district at least.two weeks:before the date of the
eeting.
15 SEC. 22. Section 9202:of the.Public Contract Code is
16 repealed.
17 9202.. �e+ Wheney ft'requestferpwfmentfrem.the
18 state ef a leeg efti#y ptestia3t to Ow-
terms e€aeentretet
19 the ..,;�..^:.,;;:� eI&he poet; its ~
ff 20 ift. Seefieft.4QG e€the.� Gede, is preperly filed mtd
l 21 the of the el is bet d speted er has' been
22 seoded er..Agreed nim eat of the elate by Ore
23 disbursft:tg a eer.e€the state eF leeal pebhe enfity.aheA
24 it�ade.��at the leggy rate e€7 pereent 'per ,ani .
25 eep eft the dete open oriel} the ems. .
26 subfrAtted if A&enthffl fietbeen fastEle by the 60th day
27 after the 4.the ear.
28 { }- a rF;r has been preperly
29 filed at air eaAier date, the the regeest AeR be deemed
30 to be pi es fled on the next besiftess day after the
31 efttr„ er preN4des � to the
32 eet 'r,�-
s Elesignated jobsite eta6yei that the
33 _.. ureter aeeepts , es#ie3ate as
34 prepared, by tke ptibRe eliflARIFY. sebdtsieft shah net
35 apply to the GaWernietState UniNersi'. .
36 SEC. 23. Section 20206.7 of the Public Contract Code
37 is repealed.
38 A prepesals shall be wAe4 with a
39 eertifieate eF depesit er ee�� of 40 pereent of
- r.
40 the a3et of the bid;drawn.eft a selyent bank%404a the
i
99 640