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SB-205 Local Government Omnibus Act of 2017.(2017-2018)

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Date Published: 03/23/2017 09:00 PM
SB205:v98#DOCUMENT

Amended  IN  Senate  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 205


Introduced by Committee on Governance and Finance (Senators McGuire (Chair), Beall, Hernandez, Hertzberg, Lara, Moorlach, and Nguyen)

February 01, 2017


An act to amend Sections 1360 and 25536.9 1360, 25536.9, 30201, 53237.1, 54973, and 54974 of the Government Code, to amend Section 22050 of the Public Contract Code, to amend Section 501 of the North Fork Kings Groundwater Sustainability Agency Act (Chapter 392 of the Statutes of 2016), and to amend Section 34 of the Sacramento Area Flood Control Agency Act (Chapter 510 of the Statutes of 1990), relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 205, as amended, Committee on Governance and Finance. Local Government Omnibus Act of 2017.
(1) The California Constitution requires, among others, all public officers, to take a specified oath of office. Existing statutory law requires any office officer to take that oath before he or she enters the duties of his or her office.
This bill would require an officer to take that oath following any election or appointment and before entering the duties of his or her office.
(2) Existing law authorizes the County of Merced, by a 4/5 vote of the board of supervisors, to sell a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base.
This bill would additionally authorize the County of Merced to enter into a lease, concession, or managerial contract involving that area, by a 4/5 vote of the board of supervisors. The bill would make additional conforming changes.
(3) Existing law establishes the Committee on County Accounting Procedures which consists of 10 members appointed by the Controller. Of those 10 members, 5 of the members are required to be county auditors.
This bill would instead require 5 of those members to be county auditors, county chief financial officers, county directors of finance, or an equivalent county office.
(4) Existing law requires a local agency that provides any type of compensation, salary, or stipend to a local agency official of that agency to provide sexual harassment prevention training and education, as specified. Existing law requires an entity that develops curricular to satisfy these requirements to consult with the city attorney or county counsel regarding the sufficiency and accuracy of that proposed content, as specified.
This bill would instead require the entity to consult with the legal counsel of that entity.
(5) Existing law requires the legislative body of a local agency, on or before December 31 of each year, to prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency known as the Local Appointments List. Existing law requires the list to be made available to members of the public, as specified, and requires the legislative body to designate the public library with the largest service population within its jurisdiction to receive a copy of the list.
This bill would alternatively authorize the list to be posted on the local agency’s Internet Web site.
(6) Existing law requires notice of an unscheduled vacancy that occurs in any board, commission, or committee for which the legislative body of a local agency has the appointing power to be posted in the office of the clerk of the local agency, a designated public library, and any other place as directed by the local agency.
This bill would alternatively authorize the notice of an unscheduled vacancy to be posted on the local agency’s Internet Web site instead of being posted in the library.
(7) Existing law authorizes a public agency, in the case of an emergency and with a vote of 4/5 of the governing body, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for the purposes, without giving notice for bids to let contracts.
This bill would correct inaccurate cross references and add two missing cross-references.
(8) Existing law establishes the North Fork Kings Groundwater Sustainability Agency and requires the agency to be governed by a 7-member board of directors. Existing law requires one member to be a resident or landowner within the territory of the agency chosen by the members of the governing board of the Riverdale Irrigation Company and the Reed Ditch Company.
This bill would correct the name of the Riverdale Irrigation District and would make another technical change.
(9) The Sacramento Area Flood Control Agency Act defines the term “project” for purposes of the act to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any rights-of-way and easements.
This bill would instead define the term to mean the acquisition, construction, maintenance, or operation of any flood control facility authorized under the agreement and not inconsistent with the act, including, but not limited to, acquisition of any interests in real property. The bill would make conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 (a) This act shall be known, and may be cited, as the Local Government Omnibus Act of 2017.
(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 measures. 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 1360 of the Government Code is amended to read:

1360.
 Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.

SEC. 3.

 Section 25536.9 of the Government Code is amended to read:

25536.9.
 (a) In addition to the authority provided for in Section 25536, and in accordance with subdivision (b), the County of Merced, by a four-fifths vote of the board of supervisors, may sell or enter into a lease, concession, or managerial contract involving a specified area of county property that the county has acquired from the federal government due to the closure of Castle Air Force Base, without otherwise complying with this article.
(b) The board shall take an action specified in subdivision (a) only if the following conditions are met, or if the board makes a finding in a noticed public hearing that the following conditions were met at the time the property was acquired from the federal government:
(1) Reuse of the property is governed solely by the county.
(2) The county has prepared and adopted a general or specific plan pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 and has adopted a zoning ordinance for the area, and the proposed use is consistent with that general or specific plan and the zoning ordinance.
(3) The airport land use commission has prepared and adopted a comprehensive airport land use plan for the area pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code, and the proposed use is consistent with that plan.
(4) The county has complied with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and Section 65402 with regard to the property, as provided in Section 25350.1.
(5) The county has given notice pursuant to Section 6062a and posted the notice in the office of the county clerk. The notice shall specify the date that the board determines that any of the affected property shall be subject to this section, and shall include all of the following:
(A) A description of the property proposed to be sold, leased, or subject to a concession or managerial contract pursuant to this section.
(B) The proposed terms of the sale, lease, concession, or managerial contract.
(C) The location where offers will be accepted and executed.
(D) The telephone number and address of the county officer responsible for executing the sale, lease, concession, or managerial contract.
(c) This section shall not be construed to release the County of Merced from complying with Chapter 9 (commencing with Section 34191.1) of Part 1.85 of Division 24 of the Health and Safety Code, if the property is located in a former redevelopment area.

SEC. 4.

 Section 30201 of the Government Code is amended to read:

30201.
 The Committee on County Accounting Procedures shall consist of 10 members appointed by the State Controller, to serve at the pleasure of the Controller. Five of the members shall be county auditors, county chief financial officers, county directors of finance, or an equivalent county office, three shall be county administrative officers, and two shall be members of a county board of supervisors. The members of the committee shall serve without compensation but shall be reimbursed for their necessary traveling and other expenses incurred in attending meetings of the committee. Such expenses shall be paid by the county of which the member is an officer. The State Controller shall designate a member of the committee to serve as chairman. The committee shall meet at the call of the chairman and each member shall be given written notice of any meeting at least 10 days prior to the date of the meeting.

SEC. 5.

 Section 53237.1 of the Government Code is amended to read:

53237.1.
 (a) If a local agency provides any type of compensation, salary, or stipend to a local agency official of that agency, then all local agency officials of that agency shall receive sexual harassment prevention training and education pursuant to this article. A local agency may also require any of its employees to receive sexual harassment prevention training and education pursuant to this article.
(b) Each local agency official, or employee who is so required, shall receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter.
(c) An entity that develops curricula to satisfy the requirements of this section shall consult with the city attorney or county legal counsel for the entity regarding the sufficiency and accuracy of that proposed content. An entity is permitted to include local sexual harassment prevention training and education policies in the curricula.
(d) The training and education required by this section shall include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education shall also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of sexual harassment, discrimination, and retaliation.
(e) A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in person, or online.
(f) All providers of training courses shall provide participants with proof of participation to meet the requirements of this article.
(g) A local agency shall provide a recommendation on training available to meet the requirements of this article to its local agency officials and its employees at least once in written form before assuming a new position and every two years thereafter.
(h) A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies he or she serves.

SEC. 6.

 Section 54973 of the Government Code is amended to read:

54973.
 The Local Appointments List shall be made available to members of the public for a reasonable fee which shall not exceed actual cost. The legislative body shall either post a copy of the list on its Internet Web site or designate the public library with the largest service population within its jurisdiction to receive a copy of the list.

SEC. 7.

 Section 54974 of the Government Code is amended to read:

54974.
 (a) Whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s Internet Web site or at the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk’s office.
(b) Notwithstanding subdivision (a), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.

SEC. 8.

 Section 22050 of the Public Contract Code is amended to read:

22050.
 (a) (1) In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
(2) Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
(b) (1) The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a).
(2) If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the governing body, by a four-fifths vote, may delegate to an elected officer the authority to order any action specified in paragraph (1) of subdivision (a).
(3) If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
(c) (1) If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emergency action in accordance with this paragraph every 14 days.
(2) If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days.
(3) When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
(d) As used in this section, “public agency” has the same meaning as defined in Section 22002.
(e) A three-member governing body may take actions pursuant to subdivision (a), (b), or (c) by a two-thirds vote.
(f) This section applies only to emergency action taken pursuant to Sections 20133, 20134, 20168, 20193, 20205.1, 20213, 20223, 20233, 20253, 20273, 20283, 20293, 20303, 20313, 20331, 20567, 20586, 20604, 20635, 20645, 20685, 20682, 20682.5, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043, 21061, 21072, 21081, 21091, 21101, 21111, 21121, 21131, 21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 21461, 21472, 21482, 21491, 21501, 21511, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035.

SEC. 9.

 Section 501 of the North Fork Kings Groundwater Sustainability Agency Act (Chapter 510 of the Statutes of 1990) is amended to read:

Sec. 501.

 (a) The agency shall be governed by a board of directors that shall consist of seven members, as follows:
(1) One member shall be a resident or landowner within the territory of the agency chosen by the County of Fresno. The member shall have experience or expertise in land use, water management, or improving access to drinking water in economically disadvantaged communities.
(2) One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A) Clark’s Fork Reclamation District.
(B) Laguna Irrigation District.
(C) Upper San Jose Water Company.
(3) One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of special districts that are authorized to provide drinking water within the territory of the agency, who shall be chosen from the members of the governing boards of the special districts, including, but not limited to, the following special districts:
(A) Laton Community Services District.
(B) Riverdale Public Utility District.
(C) Lanare Community Services District.
(4) One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A) Crescent Canal Company.
(B) Stinson Canal and Irrigation Company.
(5) One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A) Riverdale Irrigation Company. District.
(B) Reed Ditch Company.
(6) One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following entities:
(A) Liberty Mill Race Company.
(B) Burrel Ditch Company.
(7) One member shall be a resident or landowner within the territory of the agency chosen by the members of the governing boards of the following special districts, who shall be chosen from the members of the governing boards of the special districts: entities:
(A) Liberty Water District.
(B) Liberty Canal Company.
(b) There shall be an alternate for each board member, chosen in the same manner and by the same entities as the board member. The alternate member shall act in place of the board member he or she is an alternate for in case of that board member’s absence or inability to act.
(c) Initial members and their alternates shall be chosen on or before January 31, 2017.

SEC. 10.

 Section 34 of the Sacramento Area Flood Control Agency Act (Chapter 510 of the Statutes of 1990), as amended by Section 253 of Chapter 179 of the Statutes of 2008, is amended to read:

Sec. 34.

 (a) “Project” means the acquisition, construction, maintenance, or operation of a flood control facility authorized under the agreement and not inconsistent with this act, including, but not limited to, acquisition of rights-of-way and easements any interests in real property and payment of incidental expenses.
(b) This act does not authorize the agency to exercise the power of eminent domain outside its boundaries.
(c) Participation in a project includes making payments or other contributions pursuant to a contract entered into with another governmental agency that requires the other governmental agency to perform work on a project.
(d) The acquisition of rights-of-way and easements interests in real property outside the agency’s boundaries shall be consistent with applicable county plans, including county general plans, and the State Plan of Flood Control.
(e) This section does not alter the existing powers granted to members of the agreement.
(f) This section does not preclude the acquisition of time-limited easements.