Section § 37100

Explanation

This section allows local government bodies to pass their own laws, known as ordinances, as long as they do not go against the state or federal laws or the Constitution.

The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States.

Section § 37100.5

Explanation

This law allows any city in California to impose the same types of taxes that a charter city can, but only if the city's residents agree to it through a vote. It notes an exception that's referenced in another section regarding certain tax restrictions.

Except as provided in Section 7282 of the Revenue and Taxation Code, the legislative body of any city may levy any tax which may be levied by any charter city, subject to the voters’ approval pursuant to Article XIII A of the Constitution of California.

Section § 37101

Explanation

This law allows city governments to charge taxes on businesses operating within their jurisdiction. The city can set these license taxes for various types of legal businesses and even on sales and use. If a business operates both inside and outside a city, the tax must reflect the portion of business done within the city.

The law exempts nonprofit organizations and religious leaders from these license taxes. Also, for cannabis retailers, the county cannot include specific cannabis or sales taxes in their local tax calculations on a retailer's gross receipts.

(a)CA Government Code § 37101(a) The legislative body may license, for revenue and regulation, and fix the license tax upon, every kind of lawful business transacted in the city, including shows, exhibitions, and games. It may provide for collection of the license tax by suit or otherwise. If the legislative body levies a sales tax under the authority of this section, it may impose a complementary tax at the same rate upon use or other consumption of tangible personal property.
If the legislative body imposes a sales or use tax, it shall do so in the same manner and use the same tax base as prescribed in Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code.
(b)CA Government Code § 37101(b) Any legislative body, including the legislative body of a charter city, that levies a license tax pursuant to subdivision (a) upon a business operating both within and outside the legislative body’s taxing jurisdiction, shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction.
(c)CA Government Code § 37101(c) No license tax levied pursuant to subdivision (a) that is measured by the licensee’s income or gross receipts, whether levied by a charter or general law city, shall apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyperson, Christian Science practitioner, rabbi, or priest of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section.
(d)CA Government Code § 37101(d) A county shall not include in the definition of gross receipts, for purposes of any local tax or fee imposed by the county on a cannabis retailer licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code, the amount of any cannabis excise tax imposed under Section 34011.2 of, or any sales and use taxes imposed under Part 1 (commencing with Section 6001) of, Part 1.5 (commencing with Section 7200) of, or Part 1.6 (commencing with Section 7251) of, Division 2 of the Revenue and Taxation Code, or Section 35 of Article XIII of the California Constitution.

Section § 37101.5

Explanation

This law prevents any local government body from requiring cafe musicians to have a license or pay a fee to perform. A cafe musician is defined as someone who plays an instrument at a restaurant or bar where food or drinks are served and is either an employee or a contractor there. This does not apply to the owners or managers of the venue.

Notwithstanding Section 37101, no legislative body shall require a regulatory license or impose a regulatory license or impose a regulatory license fee with respect to cafe musicians.
“Cafe musician,” for the purposes of this section, means any person playing a musical instrument in any place or establishment where food or alcoholic beverages are sold, offered for sale or given away, who is an employee, or independent contractor, of such place or establishment. “Cafe musician” does not include an owner, manager, or operator of such place or establishment.

Section § 37101.7

Explanation

This law allows a city to charge a license tax to contractors who do business in the city. The tax should be the same for contractors without a permanent business location in the city as for those with one. However, the city can vary the tax amount based on the contractor's earnings from work done within the city.

(a)CA Government Code § 37101.7(a) In accordance with the provisions of subdivision (b), the legislative body may license for revenue, and fix the license tax upon, persons who transact in the city the business of a contractor licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.
(b)CA Government Code § 37101.7(b) The ordinance which adopts the license and license tax shall not impose a greater license tax upon those persons subject to it who, as contractors, have no fixed place of business within the city, than upon those contractors who have a fixed place of business within the city; provided, however, that such ordinance may impose a license tax graduated according to gross receipts attributable to contracting work done within a city, regardless of whether or not the contractor has a fixed place of business within the city.

Section § 37102

Explanation

This law allows the city's legislative body to use their funds to create job opportunities for residents who are struggling financially or are unemployed.

The legislative body may use any available funds to provide employment to the city’s destitute or needy unemployed residents.

Section § 37103

Explanation

This law allows a legislative body to hire outside experts, such as individuals, firms, or companies, for specialized advice and services in areas like finance, economics, accounting, engineering, legal issues, or administration. They can decide the appropriate payment for these experts.

The legislative body may contract with any specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters.
It may pay such compensation to these experts as it deems proper.

Section § 37104

Explanation

This law allows a legislative body to officially order people to attend and provide evidence, such as documents, in any legal actions or hearings that are being conducted by the body.

The legislative body may issue subpenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it.

Section § 37105

Explanation

This law explains that subpoenas (legal documents ordering someone to attend court) in this context must be signed by the mayor and confirmed by the city clerk. These subpoenas are delivered in the same way as they are in civil court cases.

Subpenas shall be signed by the mayor and attested by the city clerk. They may be served as subpenas are served in civil actions.

Section § 37106

Explanation

If someone is officially summoned through a subpoena and they either ignore it, refuse to show up, or decline to answer relevant questions during their appearance, the mayor must inform a judge from the county's superior court about the situation.

If any person duly subpenaed neglects or refuses to obey a subpena, or, appearing, refuses to testify or answer any questions which a majority of the legislative body decide proper and pertinent, the mayor shall report the fact to the judge of the superior court of the county.

Section § 37107

Explanation

If a witness doesn't show up as required, the judge can order the sheriff to find and bring the witness to court.

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.

Section § 37108

Explanation

When a witness is brought before the court after being attached, the judge has the authority to handle the case.

On return of the attachment and production of the witness, the judge has jurisdiction.

Section § 37109

Explanation

If a witness is found in contempt during proceedings, they have the same rights and face the same consequences as if this happened during a civil trial in a superior court.

The right of a witness to purge himself of the contempt and the proceedings, penalties, and punishment shall be the same as if the contempt had been committed in a civil trial in a superior court.

Section § 37110

Explanation

This law allows a city's legislative body to use money from the general fund to support activities related to music and the promotion of sister city or town affiliation programs.

The legislative body may spend money from the general fund for music and promotion, including promotion of sister city and town affiliation programs.

Section § 37110.5

Explanation

This law allows a city government to give money to nonprofit educational radio and TV stations. However, they must meet certain rules: it should help residents get more educational and cultural benefits, many city residents must be able to receive the station's broadcast, the station should regularly air educational or cultural programs, the money should go to the station’s general funds and not a specific show, and the donation shouldn't come with any control over the station's programs or content.

The legislative body may authorize and provide for contributions to nonprofit educational radio and television stations, provided all of the following conditions exist:
(a)CA Government Code § 37110.5(a) The purpose of the contribution is to enable the citizens of the city to enjoy greater educational and cultural advantages.
(b)CA Government Code § 37110.5(b) A substantial number of the residents of the city live within the reception area of the station.
(c)CA Government Code § 37110.5(c) The station regularly broadcasts programs which have educational or cultural significance.
(d)CA Government Code § 37110.5(d) The contribution is to the general funds of the station and not for or in connection with any particular program.
(e)CA Government Code § 37110.5(e) The contribution is not accompanied, directly or indirectly, by any direction of, sponsorship of, control of, or restriction of any program or the content of any program.

Section § 37111

Explanation

If the legislative body decides that land originally bought for parks or other uses should instead be used for public buildings or a civic center, they can pass an ordinance to make this change. To do this, they need a four-fifths majority vote.

When the legislative body deems it necessary that land purchased for park or other purposes be used for construction of public buildings or creation of a civic center, it may adopt an ordinance by a four-fifths vote declaring the necessity and providing for such use.

Section § 37111.1

Explanation

This law explains how a city can change the use of park land for other municipal purposes. If the city thinks this is necessary, the city council can pass an ordinance with a strong majority vote, provided they inform the public and hold a meeting about it. Two conditions must be met: the city must have recently dedicated a similar or larger amount of land for park purposes, and the new land use must fit into the city's general plan.

This process cannot be used for park land given by donors, taken by eminent domain for park use, or bought with funds for park purposes. It's an alternative method to other legal procedures.

When a legislative body deems it necessary that land purchased in fee for any municipal purpose and subsequently dedicated by use for park purposes should be used for other municipal purposes, it may adopt an ordinance by a four-fifths vote, after giving notice and conducting a public hearing, declaring the necessity and providing that such lands can be used for other municipal purposes provided that (a) an equal or greater amount of city property has also been acquired within the previous three years and has been dedicated and has been developed, or will within a reasonable period of time be developed, for similar park purposes and (b) the proposed use of the park land conforms to the city’s general plan.
This section shall not be applicable to land dedicated for park purposes by a donor or acquired by eminent domain procedures for park purposes or acquired by funds obtained from bonds voted for park purposes.
This procedure is an alternative procedure to any other procedures contained in the law.

Section § 37112

Explanation

This section allows a legislative body to do whatever is needed to implement the rules and purposes outlined in this legal title.

In addition to other powers, a legislative body may perform all acts necessary or proper to carry out the provisions of this title.

Section § 37114

Explanation

If a city accidentally makes a mistake in the property description during a transaction, resulting in less or more land than intended being conveyed, they can fix it. The city and the other party must agree on the mistake, then the city can pass a resolution to fix the error without going through the usual legal process or court actions.

This procedure can be followed whether the mistake involves selling or buying. The resolution makes the facts official for good faith buyers or lien holders. However, if the error is in a legal or official description that must be published, this law doesn't apply, and standard notice rules still apply if required by law.

If real property is conveyed by a city and it is subsequently determined and mutually agreed by the legislative body of the city and the person to whom the property was conveyed that an error was made in the description of the property conveyed, so that less property is included in the description than was intended by the parties, the legislative body of the city may by resolution recite the facts of such error and approve such determination and agreement; thereafter the legislative body may execute or cause to be executed a corrective deed without conforming to the requirements of law, if any, for the sale of real property by cities and without commencing a judicial action to reform the deed.
A similar procedure may be followed with respect to property conveyed to a city, where the error results in more property being conveyed than was intended. In either case the resolution of the legislative body shall be conclusive as to the facts recited therein as to good faith purchasers or encumbrancers for value.
This section shall not apply to a conveyance by or to a city if the error is in the published description required by law or charter, nor shall this section require notice of such sale or purchase to be published if not otherwise required by law.

Section § 37115

Explanation

This law allows a city’s legislative body to take any necessary actions so the city can join programs under the 'Economic Opportunity Act of 1964.' It includes permitting the city to spend money required by the federal government to participate.

The legislative body may, within the powers otherwise conferred by law upon the city, do and perform all acts necessary to enable the city to participate in the “Economic Opportunity Act of 1964” (P.L. 88-452; 78 Stat. 508), including the authorization of the expenditure by the city of whatever funds that may be required by the federal government as a condition to such participation.

Section § 37116

Explanation

This law allows a school district to borrow money from a city to remove or replace asbestos materials in schools, which pose health risks. The district must apply to the city's governing body to request these funds. The city and the district can agree on the terms of the loan, but the repayment must come from the school district's deferred maintenance fund.

Upon receipt of an application from the governing body of any school district maintaining a school within a city, requesting to borrow funds from the city for the purpose of removing or replacing asbestos-derived materials used in constructing, insulating, or furnishing one or more of those schools, and declaring the existence of such asbestos-derived material to be potentially detrimental to the health of pupils, teachers, and others using the school, the legislative body of the city may loan, and the school district may borrow, the requested city funds upon such terms and conditions as are mutually agreed upon by the respective governing bodies, provided that the loan shall be repaid only from the school district’s deferred maintenance fund established pursuant to Section 39618 of the Education Code.

Section § 37200

Explanation

If a local government body creates an annual budget, the budget must show both the spending cap and the total spending amount that is subject to this cap, as defined by another set of rules.

If the legislative body adopts an annual budget, the budget document shall include the appropriations limit and the total annual appropriations subject to limitation as determined pursuant to Division 9 (commencing with Section 7900) of Title 1.