Bill Text: CA SB1090 | 2011-2012 | Regular Session | Chaptered
Bill Title: Local government: omnibus bill.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-09-14 - Chaptered by Secretary of State. Chapter 330, Statutes of 2012. [SB1090 Detail]
Download: California-2011-SB1090-Chaptered.html
BILL NUMBER: SB 1090 CHAPTERED
BILL TEXT
CHAPTER 330
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2012
APPROVED BY GOVERNOR SEPTEMBER 14, 2012
PASSED THE SENATE AUGUST 27, 2012
PASSED THE ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JUNE 15, 2012
AMENDED IN SENATE APRIL 11, 2012
INTRODUCED BY Committee on Governance and Finance (Senators Wolk
(Chair), Dutton, DeSaulnier, Fuller, Hancock, Hernandez, Huff, Kehoe,
La Malfa, and Liu)
FEBRUARY 15, 2012
An act to amend Sections 12463, 23110, 23124, 34460, 40471, 51191,
51191.3, 51192.1, 51192.2, 53243.4, 53892.1, 65302.10, 66442, and
66450 of, and to add Section 54712 to, the Government Code, to amend
Sections 5473.8, 5473.11, and 5474.6 of the Health and Safety Code,
to amend Sections 36622, 36623, 36629, and 36671 of the Streets and
Highways Code, to amend Section 37212 of the Water Code, and to amend
Sections 5, 8, 21, and 24 of, to add Sections 3.1 and 3.2 to, to
repeal Sections 19, 20, and 22 of, and to repeal and add Section 3
of, Chapter 931 of the Statutes of 1951, relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1090, Committee on Governance and Finance. Local government:
omnibus bill.
(1) Existing law requires the Controller to compile and publish
reports of the financial transactions of each county, city, and
special district within this state, together with any other matter he
or she deems of public interest. Existing law requires the
Controller to annually publish reports of the financial transactions
of each school district within this state, together with any other
matter he or she deems of public interest.
This bill would require the Controller to publish the annual
reports of the financial transactions of each school district on the
Internet Web site of the Controller.
(2) Existing law sets forth the boundary descriptions of every
county in the state, including the Counties of Fresno and Merced.
This bill would revise the boundary descriptions for the Counties
of Fresno and Merced.
(3) Existing law requires 3 copies of the complete text of a
charter proposal or of any amended or repealed section ratified by
the voters of a city or city and county to be certified and
authenticated by the chairperson and the clerk of the governing body
and attested by the city clerk, setting forth the submission of the
charter to the voters of the city, and its ratification by them.
This bill would clarify that the copies filed with the county
recorder are recorded, and that the copies with the city archives are
filed.
(4) Existing law authorizes the legislative body of a general law
city to impose a sidewalk installation charge, as specified, upon an
affirmative vote of a majority of all of the electors of the city
voting on the proposition at an election called for that purpose. The
California Constitution conditions the imposition of a special tax
on a city, county, or special district upon the approval of 2/3 of
the voters of the city, county, or special district voting on that
tax. Existing law implements this provision of the Constitution.
This bill would require the legislative body of a general law city
to submit a sidewalk installation charge to the voters and receive a
2/3 vote to approve the charge prior to imposing the charge, thereby
conforming these provisions to existing law.
(5) Existing law authorizes the parties to a Williamson Act
contract, after approval by the Department of Conservation, in
consultation with the Department of Food and Agriculture, to mutually
agree to rescind the contract entered into under the Williamson Act
in order to simultaneously enter into a solar-use easement that would
require that the land be used for solar photovoltaic facilities for
a term no less than 20 years, as specified.
This bill would make technical, nonsubstantive changes to these
provisions.
(6) Existing law, commencing January 1, 2012, requires any
contract executed or renewed between a local agency and an officer or
employee of the local agency to include a provision that requires an
officer or employee of a local agency who is convicted of a crime
involving an abuse of his or her office or position, as defined, to
fully reimburse the local agency for specified payments made by that
local agency to the officer or employee, as specified. Existing law
defines the term "abuse of office or position" to include, among
other things, a crime against public justice, including, but not
limited to, specified crimes related to bribery or corruption of any
judicial officer, juror, referee, arbitrator, or umpire, or to any
person who may be authorized by law to hear or determine any question
or controversy.
This bill would additionally include within that definition,
specified crimes related to bribery or corruption of any executive
officer in this state.
(7) Existing law requires the Superintendent of Public Instruction
to make available to the Controller, on an as-needed basis, data and
other matters required by the Controller pursuant to existing law.
This bill would authorize the Controller to prescribe the time,
manner, and format in which the Superintendent is required to provide
that data.
(8) The Benefit Assessment Act of 1982 authorizes local agencies,
as defined, to impose benefit assessments to finance the maintenance
and operation costs of drainage, flood control, street lighting, and
streets, roads, or highways, if that local agency is authorized to
provide those services.
This bill would authorize a local agency that has imposed an
assessment pursuant to these provisions to bring an action in
superior court to determine the validity of the assessment, as
specified.
(9) On or before the due date for the next adoption of its housing
element, existing law requires each city or county to review and
update the land use element of its general plan to include, if a
city, an identification of each unincorporated island or fringe
community within the city's sphere of influence, or, if a county, an
identification of each legacy community within the boundaries of the
county.
This bill would instead require the update of the land use element
to include, if a city, an identification of each island or fringe
community within the city's sphere of influence that is a
disadvantaged unincorporated community, or, if a county, an
identification of each legacy community within the boundaries of the
county that is a disadvantaged unincorporated community. The bill
would require the update to be based on certain available data, as
specified.
(10) The Subdivision Map Act requires a certificate or statement
by the city engineer or surveyor, or county surveyor, for specified
maps, and requires the official to provide, among other things, his
or her registration or license number with expiration date, as
specified.
This bill would eliminate the requirement that the official
provide the expiration date of his or her registration number or
license.
(11) Existing law authorizes various local public entities to
prescribe fees or other charges for services and facilities furnished
by them in connection with their water, sanitation, storm drainage,
or sewerage system, as well as for the privilege of connecting to
these sanitation or sewerage facilities. These charges, under
specified circumstances, may be collected on the tax roll in the same
manner as property taxes and the amount of the charges constitutes a
lien against the lot or parcel against which the charge has been
imposed, unless the real property has been transferred or conveyed to
a bona fide purchaser for value, or a lien of a bona fide
encumbrancer for value has been created and attached prior to the
date upon which the first installment of the property taxes would
become delinquent.
This bill would instead require the transfer, conveyance, or
attachment to occur during the year prior to the date on which the
first installment of property taxes that evidence the charges appears
on the tax roll, in order to preclude the local public entity's lien
from attaching to the real property of the bona fide purchaser or
encumbrancer for value.
(12) Existing law requires the charges for the above-described
services and facilities to remain delinquent for 60 days and the
imposing entity to provide the assessee with notice of the
delinquency, in order for the charges to constitute a lien against
the lot or parcel of land for which the service was provided.
This bill would delete the 60-day delinquency and notice
requirements and, instead, authorize the amount of unpaid charges to
be secured at any time by filing a specified certificate in the
office of the county recorder. This bill would provide that the
amount required to be paid, with interest and a penalty, constitutes
a lien on all real property owned by the person or afterwards
acquired by him or her before the lien expires.
(13) Existing law provides procedures for the collection of unpaid
charges by a water district for water or other services. These
unpaid charges become a lien on the parcel of land upon which the
water and other services were used, unless the real property has been
transferred or conveyed to a bona fide purchaser for value, or a
lien of a bona fide encumbrancer for value has been created and
attached prior to the date of which the first installment of taxes
would become delinquent.
This bill would require the transfer, conveyance, or attachment to
occur during the year prior to the date on which the first
installment of real property taxes that evidence the charges appears
on the tax roll, in order for the water district's lien to not attach
to the real property of the bona fide purchaser or encumbrancer for
value.
(14) Existing law provides procedures to a city council that
proposes to levy a new or increased property assessment or a new or
increased business assessment.
This bill would set forth procedures to apply to a city council
that proposes to conduct a single proceeding to levy both a new or
increased property assessment and a new or increased business
assessment, as specified.
(15) The Property and Business Improvement District Law of 1994,
requires a management district plan for a district to include, among
other things, the improvements and activities proposed for each year
of operation of the district and the maximum cost thereof.
This bill would specify that, if the improvements and activities
proposed for each year of operation of the district are the same,
this requirement may be satisfied if the management plan includes a
description of the first year's proposed improvements and activities
and a statement that the same improvements and activities are
proposed for subsequent years.
The Property and Business Improvement District Law of 1994 also
requires a management district plan for a district to include, among
other things, the total annual amount proposed to be expended for
improvements, maintenance and operations, and debt service in each
year of operation of the district.
The bill would provide that if the total annual amount proposed
to be expended in each year of operation of the district is not
significantly different, the amount proposed to be expended in the
initial year and a statement that a similar amount applies to
subsequent years may satisfy this requirement. This bill would also
authorize this amount to be based upon the assessment rate if the
assessment is levied on businesses.
The bill would also correct an erroneous reference within the
Property and Business Improvement District Law of 1994.
(16) The Property and Business Improvement District Law of 1994
provides that a city council may adopt a resolution for the
disestablishment of a district under specified circumstances.
Existing law requires, upon the disestablishment of a district, any
specified remaining revenues to be refunded to the owners of the
property or businesses then located and operating within the district
in which assessments were levied, as specified.
This bill would additionally provide, upon the expiration without
renewal of the district for the refund of any specified remaining
revenues to the owners of property or businesses then located and
operating within the district in which assessments were levied, as
specified.
(17) The Kings River Conservation District Act establishes the
Kings River Conservation District, and authorizes the board of the
district to exclude specific territory within the district, as
specified. The act divides the district into divisions for purposes
of elections, and requires the board of the district to revise the
divisions upon adding or removing territory from the district, except
that the board is prohibited from revising the division of districts
within the 3 months immediately following the preceding general
district election. The act additionally defines the term "general
district election" to mean the election required to be held in the
district on the first Tuesday after the first Monday in November in
each odd-numbered year.
This bill would repeal this provision, and would additionally
require the district board to adopt a resolution on or before May 1,
2013, that divides the district into 7 electoral districts, as
specified. The bill would also set forth the procedure by which the
directors of the board may be elected, and would require the board to
review the boundaries of the 7 districts before November 1 of the
year following the year in which each decennial census is taken. The
bill would prohibit the board from making any changes to the division
of the district within the 180 days immediately preceding a general
district election. The bill would revise the definition of the term
"general district election" to mean the election required to be held
in the district on the first Tuesday after the first Monday in
November in each even-numbered year. The bill would additionally make
conforming changes to the act. By increasing the duties of local
officials, this bill would impose a state-mandated local program.
(18) 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 no reimbursement is required by this
act for a specified reason.
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 2012.
(b) The Legislature finds and declares that Californians want
their governments to 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 bills. Therefore, it is
the intent of the Legislature in enacting this act to combine into a
single measure several minor, noncontroversial statutory changes
relating to the common theme, purpose, and subject of local
government.
SEC. 2. Section 12463 of the Government Code is amended to read:
12463. (a) The Controller shall compile and publish reports of
the financial transactions of each county, city, and special
district, respectively, within this state, together with any other
matter he or she deems of public interest. The reports shall include
the appropriations limits and the total annual appropriations subject
to limitation of the counties, cities, and special districts. The
reports to the Controller shall be made in the time, form, and manner
prescribed by the Controller.
(b) Effective January 1, 2005, the Controller shall compile and
publish reports of the financial transactions of each county, city,
and special district pursuant to subdivision (a) on or before August
1, September 1, and October 1 respectively, of each year following
the end of the annual reporting period. The Controller shall make
data collected pursuant to this subdivision available upon request to
the Legislature and its agents, on or before April 1 of each year.
(c) The Controller shall annually publish, on the Internet Web
site of the Controller, reports of the financial transactions of each
school district within this state, together with any other matter he
or she deems of public interest. The reports shall include the
appropriations limit and the total annual appropriations subject to
limitation of the school district. The reports to the Controller
shall be made in the time, form, and manner prescribed by the
Controller.
(d) As used in this section, the following terms have the
following meanings:
(1) "School district" means a school district as defined in
Section 80 of the Education Code.
(2) "Special district" means any of the following:
(A) A special district as defined in Section 95 of the Revenue and
Taxation Code.
(B) A commission provided for by a joint powers agreement pursuant
to Chapter 5 (commencing with Section 6500) of Division 7 of Title
1.
(C) A nonprofit corporation that is any of the following:
(i) Was formed in accordance with the provisions of a joint powers
agreement to carry out functions specified in the agreement.
(ii) Issued bonds, the interest on which is exempt from federal
income taxes, for the purpose of purchasing land as a site for, or
purchasing or constructing, a building, stadium, or other facility,
that is subject to a lease or agreement with a local public entity.
(iii) Is wholly owned by a public agency.
SEC. 3. Section 23110 of the Government Code is amended to read:
23110. The boundaries of Fresno County are as follows:
Beginning on the south line of Merced at a point where said line
crosses the San Joaquin River; thence south, 45 degrees west, and on
the line of Merced, to the centerline of a drain in the Southwest
Quarter of the Southwest Quarter of Section 6, T. 11 S., R. 13 E.,
M.D.B.&M; thence along said centerline southeasterly to the
centerline of Colony East Ditch Canal; thence southerly along said
centerline to the south line of the north half of the Southeast
Quarter of Section 7, said Township and Range; thence westerly along
said south line to the northeast corner of the west half of the
Southwest Quarter of the Southeast Quarter of said section; thence
southerly along the east line of said west half to the south line of
said Section; thence westerly along said line to the North Quarter
corner of Section 18, said Township and Range; thence southerly along
the north-south centerline of Section 18 and Section 19 to the south
line of Section 19; thence westerly along said south line and the
south line of Sections 24 & 23 & 22 & 21 in T. 11 S., R. 12 E. to a
point that is south 45 degrees west from said line of Merced; thence
south 45 degrees west to the eastern boundary line of San Benito;
thence southeasterly along said boundary line to the southeast corner
of T. 16 S. R. 12 E.; thence easterly along the south line of T. 16
S. to the northeast corner of T. 17 S., R. 12 east; thence southerly
along the east line of R. 12 E. to the point where the summit line of
the Coast Range Mountains crosses the east line of R. 12 east and
continuing along said San Benito boundary along the summit line to
Monterey; thence continuing along the Monterey boundary and said
summit line in a southerly and southeasterly direction, to a point in
that boundary, which point is south 45 degrees west from the point
on Kings River where the northern line of T. 16 S. crosses the Kings
River; said point being the common corner of Fresno, Monterey, and
Kings; said corner point defined by survey recorded in Book 42 of
Record of Surveys at Pages 57 and 58, Fresno County Records; thence
along the Fresno-Kings boundary, as defined by said survey north 47o
12' 09" east, to the northwest corner of Section 19, T. 20 S., R. 19
E.; thence north along the west line of R. 19 E. to the north line of
T. 18 S.; thence east along the north line of T. 18 S. to the
centerline of Kings River; thence easterly along the centerline of
Kings River to the point that intersects the south 45 degrees west
boundary, said boundary is south 45 degrees west from the point on
Kings River where the northern line of T. 16 S. crosses the Kings
River; thence north 45 degrees east to the point on the Kings River
where the northern line of T. 16 S. crosses the Kings River; thence
east along the northern line of T. 16 S. and continuing on said line
to the northwest corner of T. 16 S., R. 25 E.; thence north to the
northwest corner of T. 15 S., R. 25 E.; thence east to the northeast
corner of T. 15 S., R. 27 E.; thence north to the northeast corner of
T. 14 S. of R. 27 E.; thence east on the line between T. 13 and 14
S. to the summit of the Sierra Nevada Mountains, being the western
line of Inyo; thence northwesterly, on the summit line and lines of
Inyo and Mono, to the common corner of Mono, Madera, and Fresno;
thence southwesterly along the boundary of Madera to the point where
the San Joaquin River crosses the south boundary line of T. 6 S., R.
24 E.; thence southwesterly and northwesterly following the
meanderings of said river to a point on the southerly boundary of
Merced, said point being the common corner of Fresno, Madera, and
Merced and the place of beginning.
SEC. 4. Section 23124 of the Government Code is amended to read:
23124. The boundaries of Merced County are as follows:
Beginning at the northwest corner, being the southwest corner of
Stanislaus as shown on the survey map of A. J. Stakes, 1868; thence
northeasterly, on southern line of Stanislaus to common corner of
Tuolumne, Mariposa, Merced, and Stanislaus; thence southeasterly, by
direct line, being western line of Mariposa, to Phillips' ferry, on
Merced River; thence southeasterly, on line of Mariposa, being line
shown on "map of Mariposa County," to Newton's crossing on Chowchilla
Creek, forming the southeast corner; thence down the northern side
and on high water mark, being on line of Madera to the lower clump of
cottonwood timber at the sink of said creek; thence south, 45
degrees west, to the centerline of a drain in the Southwest Quarter
of the Southwest Quarter of Section 6, Township 11 South, Range 13
east, M.D.B.&M; thence along said centerline southeasterly to the
centerline of Colony East Ditch Canal; thence southerly along said
centerline to the south line of the north half of the Southeast
Quarter of Section 7, said Township and Range; thence westerly along
said south line to the northeast corner of the west half of the
Southwest Quarter of the Southeast Quarter of said section; thence
southerly along the east line of said west half to the south line of
said Section; thence westerly along said line to the North Quarter
corner of Section 18, said Township and Range; thence southerly along
the north-south centerline of said Section and Section 19 to the
south line of Section 19; thence westerly along said south line and
the south line of Sections 24 & 23 & 22 & 21 in Township 11 south,
Range 12 East to a point that is south 45 degrees west from said
clump of cottonwood timber; thence south 45 degrees west to the
eastern line of San Benito, forming the southwest corner; thence
northwesterly, by said line of San Benito and Santa Clara, to the
place of beginning.
SEC. 5. Section 34460 of the Government Code is amended to read:
34460. Three copies of the complete text of a charter proposal or
of any amended or repealed section ratified by the voters of a city
or city and county shall be certified and authenticated by the
chairperson and the clerk of the governing body and attested by the
city clerk, setting forth the submission of the charter to the voters
of the city, and its ratification by them. One copy shall be
recorded with the recorder of the county in which the city is
located, and one filed in the archives of the city. In the case of a
city and county, one copy shall be recorded with the recorder
thereof, and one filed in the archives of the city and county. The
third copy shall be filed with the Secretary of State. Each copy
recorded with the recorder of the county or city and county and filed
in the archives of the city or city and county shall be filed with
the following:
(a) Certified copies of all publications and notices required of
the city by this chapter or by the laws of this state in connection
with the calling of an election to propose, amend, or repeal a city
charter.
(b) Certified copies of any arguments for or against the charter
proposal, amendment, or repeal that were mailed to voters pursuant to
Sections 9281 and 13303 of the Elections Code.
(c) A certified abstract of the vote at the election at which the
charter proposal, amendment, or repeal was approved by the voters.
SEC. 6. Section 40471 of the Government Code is amended to read:
40471. The special charge described in Section 40470 shall only
be imposed pursuant to Article 3.5 (commencing with Section 50075) of
Chapter 1 of Part 1 of Division 1 of Title 5. The charge shall be in
an amount and for a period not to exceed five years which shall be
stated on the ballot.
SEC. 7. Section 51191 of the Government Code is amended to read:
51191. (a) For purposes of this chapter, and for purposes of
Chapter 7 (commencing with Section 51200), the Department of
Conservation, in consultation with the Department of Food and
Agriculture, upon a request from a city or county, may determine,
based on substantial evidence, that a parcel or parcels is eligible
for rescission under Section 51255.1 for placement into a solar-use
easement if the following criteria are met:
(1) The land meets either of the following:
(A) The land consists predominately of soils with significantly
reduced agricultural productivity for agricultural activities due to
chemical or physical limitations, topography, drainage, flooding,
adverse soil conditions, or other physical reasons.
(B) The land has severely adverse soil conditions that are
detrimental to continued agricultural activities and production.
Severely adverse soil conditions may include, but are not limited to,
contamination by salts or selenium, or other naturally occurring
contaminants.
(2) The parcel or parcels are not located on lands designated as
prime farmland, unique farmland, or farmland of statewide importance,
as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Natural Resources Agency, unless
the Department of Conservation, in consultation with the Department
of Food and Agriculture, determines that a parcel or parcels are
eligible to be placed in a solar-use easement based on the
information provided in subdivision (b) that demonstrates that
circumstances exist that limit the use of the parcel for agricultural
activities. For purposes of this section, the important farmland
designations shall not be changed solely due to irrigation status.
(b) To assist in the determination described in this section, the
city or county shall require the landowner to provide to the
Department of Conservation the following information to the extent
applicable:
(1) A written narrative demonstrating that even under the best
currently available management practices, continued agricultural
practices would be substantially limited due to the soil's reduced
agricultural productivity from chemical or physical limitations.
(2) A recent soil test demonstrating that the characteristics of
the soil significantly reduce its agricultural productivity.
(3) An analysis of water availability demonstrating the
insufficiency of water supplies for continued agricultural
production.
(4) An analysis of water quality demonstrating that continued
agricultural production would, under the best currently available
management practices, be significantly reduced.
(5) Crop and yield information for the past six years.
(c) The landowner shall provide the Department of Conservation
with a proposed management plan describing how the soil will be
managed during the life of the easement, how impacts to adjacent
agricultural operations will be minimized, how the land will be
restored to its previous general condition, as it existed at the time
of project approval, upon the termination of the easement. If the
Department of Conservation determines, in consultation with the
Department of Food and Agriculture, pursuant to subdivision (a), that
lands are subject to this section, the city or county shall require
implementation of the management plan, which shall include any
recommendations provided by the Department of Conservation, as part
of any project approval.
(d) A determination by the Department of Conservation pursuant to
this section related to a project described in Section 21080 of the
Public Resources Code shall not be subject to Division 13 (commencing
with Section 21000) of the Public Resources Code.
(e) The Department of Conservation may establish a fee to be paid
by the landowner to recover the estimated costs incurred by the
department in participating in the consultation described in this
section.
SEC. 8. Section 51191.3 of the Government Code is amended to read:
51191.3. (a) A county or city may require a deed or other
instrument described in subdivision (c) of Section 51190 to contain
any restrictions, conditions, or covenants as are necessary or
desirable to restrict the use of the land to photovoltaic solar
facilities.
(b) The restrictions, conditions, or covenants may include, but
are not limited to, the following:
(1) Mitigation measures on the land that is subject to the
solar-use easement.
(2) Mitigation measures beyond the land that is subject to the
solar-use easement.
(3) If deemed necessary by the city or county to ensure that
decommissioning requirements are met, the provision for financial
assurances, such as performance bonds, letters of credit, a corporate
guarantee, or other securities to fund, upon the cessation of the
solar photovoltaic use, the restoration of the land that is subject
to the easement to the conditions that existed before the approval or
acceptance of that easement by the time that the easement
terminates.
(4) Provision for necessary amendments by the parties provided
that the amendments are consistent with the provisions of this
chapter.
(c) For term easements or self-renewing easements, the
restrictions, conditions, or covenants shall include a requirement
for the landowner to post a performance bond or other securities to
fund the restoration of the land that is subject to the easement to
the conditions that existed before the approval or acceptance of the
easement by the time the easement is extinguished. The Department of
Conservation may adopt regulations pursuant to the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Division 3 of Title 2) to implement this subdivision.
SEC. 9. Section 51192.1 of the Government Code is amended to read:
51192.1. In the case of a solar-use easement that is extinguished
because of a notice of nonrenewal by the landowner or due to
termination, the landowner shall restore the land that is subject to
the easement to the conditions that existed before the approval of
the easement by the time the easement is extinguished.
SEC. 10. Section 51192.2 of the Government Code is amended to
read:
51192.2. (a) If all or a portion of the parcel held in a
solar-use easement will no longer be used for the purposes outlined
in the easement the landowner may petition the county or city to
approve termination of the easement.
(b) Prior to any action by the county or city giving tentative
approval to the termination of any easement, the county assessor of
the county in which the land is located shall determine the current
fair market value of the parcel or parcels to be terminated as though
the parcel or parcels were free of the easement restriction. The
assessor shall certify to the county or city the termination
valuation of the parcel or parcels for the purpose of determining the
termination fee. At the same time, the assessor shall send a notice
to the landowner and the Department of Conservation indicating the
current fair market value of the parcel or parcels as though the
parcel or parcels were free of the easement restriction and advise
the parties, that upon their request, the assessor shall provide all
information relevant to the valuation, excluding third-party
information. If any information is confidential or otherwise
protected from release, the department and the landowner shall hold
it as confidential and return or destroy any protected information
upon completion of all actions relating to valuation or termination
of the easement on the property. The notice shall also advise the
landowner and the department of the opportunity to request formal
review from the assessor.
(c) Prior to giving tentative approval to the termination of any
easement, the county or city shall determine and certify to the
county auditor the amount of the termination fee that the landowner
shall pay the county treasurer upon termination. That fee shall be an
amount equal to 121/2 percent of the termination valuation of the
property.
(d) If it finds that it is in the public interest to do so, the
county or city may waive any payment or any portion of a payment by
the landowner, or may extend the time for making the payment or a
portion of the payment contingent upon the future use made of the
parcel or parcels and the parcel or parcels economic return to the
landowner for a period of time not to exceed the unexpired period of
the easement, had it not been terminated, if both of the following
occur:
(1) The termination is caused by an involuntary transfer or change
in the use which may be made of the land and the land is not
immediately suitable, nor will be immediately used, for a purpose
which produces a greater economic return to the owner.
(2) The waiver or extension of time is approved by the Secretary
of the Natural Resources Agency. The secretary shall approve a waiver
or extension of time if the secretary finds that the granting of the
waiver or extension of time by the county or city is consistent with
the policies of this chapter and that the county or city complied
with this article. In evaluating a request for a waiver or extension
of time, the secretary shall review the findings of the county or
city, the evidence in the record of the county or city, and any other
evidence the secretary may receive concerning the termination,
waiver, or extension of time.
(e) When termination fees required by this section are collected,
they shall be transmitted by the county treasurer to the Controller
and deposited in the General Fund, except as provided in subdivision
(b) of Section 51203 or subdivision (d) of Section 51283.
(f) It is the intent of the Legislature that fees paid to
terminate a contract do not constitute taxes but are payments that,
when made, provide a private benefit that tends to increase the value
of the property.
SEC. 11. Section 53243.4 of the Government Code is amended to
read:
53243.4. For purposes of this article, "abuse of office or
position" means either of the following:
(a) An abuse of public authority, including, but not limited to,
waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to,
a crime described in Title 5 (commencing with Section 67) or Title 7
(commencing with Section 92) of Part 1 of the Penal Code.
SEC. 12. Section 53892.1 of the Government Code is amended to
read:
53892.1. For the purpose of permitting the compilation of the
financial transactions of school districts by the Controller as
required by Section 12463, the Superintendent of Public Instruction
shall make available to the Controller, on an as-needed basis and in
the time, manner, and format as prescribed by the Controller, data
and other matters required by this article by the Controller. The
Superintendent shall derive the data and other matters required for
purposes of this article by the Controller from reports furnished by
school districts or by county officials to the Superintendent as
provided by law. No school district or county superintendent of
schools shall be required to furnish separate reports to the
Controller by the provisions of this article. The Superintendent
shall furnish average daily attendance or enrollment data in lieu of
the general population data required of counties and other municipal
corporations by this article. The Superintendent shall add to the
report forms furnished by him or her items or other matters as may be
agreed by the Superintendent and the Controller to be needed for the
purposes of this article.
SEC. 13. Section 54712 is added to the Government Code, to read:
54712. Any local agency levying a benefit assessment pursuant to
this chapter may bring an action to determine the validity of the
assessment pursuant to Chapter 9 (commencing with Section 860) of
Title 10 of Part 2 of the Code of Civil Procedure upon adoption of
the assessment and for 60 days thereafter. If the agency does not
bring its own action under Chapter 9 (commencing with Section 860) of
Title 10 of Part 2 of the Code of Civil Procedure, then Sections 863
and 869 of the Code of Civil Procedure shall not apply.
SEC. 14. Section 65302.10 of the Government Code is amended to
read:
65302.10. (a) As used in this section, the following terms shall
have the following meanings:
(1) "Community" means an inhabited area within a city or county
that is comprised of no less than 10 dwellings adjacent or in close
proximity to one another.
(2) "Disadvantaged unincorporated community" means a fringe,
island, or legacy community in which the median household income is
80 percent or less than the statewide median household income.
(3) "Fringe community" means any inhabited and unincorporated
territory that is within a city's sphere of influence.
(4) "Island community" means any inhabited and unincorporated
territory that is surrounded or substantially surrounded by one or
more cities or by one or more cities and a county boundary or the
Pacific Ocean.
(5) "Legacy community" means a geographically isolated community
that is inhabited and has existed for at least 50 years.
(b) On or before the due date for the next adoption of its housing
element pursuant to Section 65588, each city or county shall review
and update the land use element of its general plan, based on
available data, including, but not limited to, the data and analysis
developed pursuant to Section 56430, of unincorporated island,
fringe, or legacy communities inside or near its boundaries. The
updated land use element shall include all of the following:
(1) In the case of a city, an identification of each island or
fringe community within the city's sphere of influence that is a
disadvantaged unincorporated community. In the case of a county, an
identification of each legacy community within the boundaries of the
county that is a disadvantaged unincorporated community, but not
including any area within the sphere of influence of any city. This
identification shall include a description of the community and a map
designating its location.
(2) For each identified community, an analysis of water,
wastewater, stormwater drainage, and structural fire protection needs
or deficiencies.
(3) An analysis, based on then existing available data, of benefit
assessment districts or other financing alternatives that could make
the extension of services to identified communities financially
feasible.
(c) On or before the due date for each subsequent revision of its
housing element pursuant to Section 65588, each city and county shall
review, and if necessary amend, its general plan to update the
analysis required by this section.
SEC. 15. Section 66442 of the Government Code is amended to read:
66442. (a) If a subdivision for which a final map is required
lies within an unincorporated area, a certificate or statement by the
county surveyor is required. If a subdivision lies within a city, a
certificate or statement by the city engineer or city surveyor is
required. The appropriate official shall sign, date, and, below or
immediately adjacent to the signature, indicate his or her
registration or license number and the stamp of his or her seal,
state that:
(1) He or she has examined the map.
(2) The subdivision as shown is substantially the same as it
appeared on the tentative map, and any approved alterations thereof.
(3) All provisions of this chapter and of any local ordinances
applicable at the time of approval of the tentative map have been
complied with.
(4) He or she is satisfied that the map is technically correct.
(b) City or county engineers registered as civil engineers after
January 1, 1982, shall only be qualified to certify the statements of
paragraphs (1), (2), and (3) of subdivision (a). The statement
specified in paragraph (4) shall only be certified by a person
authorized to practice land surveying pursuant to the Professional
Land Surveyors' Act
(Chapter 15 (commencing with Section 8700) of Division 3 of the
Business and Professions Code) or a person registered as a civil
engineer prior to January 1, 1982, pursuant to the Professional
Engineers' Act (Chapter 7 (commencing with Section 6700) of Division
3 of the Business and Professions Code). The county surveyor, the
city surveyor, or the city engineer, as the case may be, or other
public official or employee qualified and authorized to perform the
functions of one of those officials, shall complete and file with his
or her legislative body his or her certificate or statement, as
required by this section, within 20 days from the time the final map
is submitted to him or her by the subdivider for approval.
(c) As used in this section, "certificate," "certify," and
"certified" shall have the same meaning as provided in Sections
6735.5 and 8770.6 of the Business and Professions Code.
SEC. 16. Section 66450 of the Government Code is amended to read:
66450. (a) If a subdivision for which a parcel map is required
lies within an unincorporated area, a certificate or statement by the
county surveyor is required. If a subdivision lies within a city, a
certificate or statement by the city engineer or city surveyor is
required. The appropriate official shall sign, date, and, below or
immediately adjacent to the signature, indicate his or her
registration or license number and the stamp of his or her seal and
state that:
(1) He or she examined the map.
(2) The subdivision as shown is substantially the same as it
appeared on the tentative map, if required, and any approved
alterations thereof.
(3) All provisions of this chapter and of any local ordinances
applicable at the time of approval of the tentative map, if required,
have been complied with.
(4) He or she is satisfied that the map is technically correct.
(b) City or county engineers registered as civil engineers after
January 1, 1982, shall only be qualified to certify the statements of
paragraphs (1), (2), and (3) of subdivision (a). The statement
specified in paragraph (4) of subdivision (a) shall only be certified
by a person authorized to practice land surveying pursuant to the
Professional Land Surveyors' Act (Chapter 15 (commencing with Section
8700) of Division 3 of the Business and Professions Code) or a
person registered as a civil engineer prior to January 1, 1982,
pursuant to the Professional Engineers' Act (Chapter 7 (commencing
with Section 6700) of Division 3 of the Business and Professions
Code).
(c) The county surveyor, city engineer, or city surveyor, as the
case may be, or other public official or employee qualified and
authorized to perform the functions of one of those officials, shall
complete his or her certificate or statement, as required by this
section, within 20 days from the time the parcel map is submitted to
him or her by the subdivider for approval. The completed parcel map
shall be delivered to the county recorder or, if required by local
ordinance, filed with the legislative body prior to delivery to the
county recorder, within the same 20-day period.
SEC. 17. Section 5473.8 of the Health and Safety Code is amended
to read:
5473.8. All laws applicable to the levy, collection, and
enforcement of general taxes of the entity, including, but not
limited to, those pertaining to the matters of delinquency,
correction, cancellation, refund, and redemption, are applicable to
the charges authorized pursuant to this article, except that if any
real property to which these charges relate has been transferred or
conveyed to a bona fide purchaser for value or a lien of a bona fide
encumbrancer for value has been created and attaches thereon during
the year prior to the date on which the first installment of the
general taxes that include the charges appears on the assessment
roll, then the lien which would otherwise be imposed by Section
5473.5 shall not attach to the real property and the charges relating
to that property shall be transferred to the unsecured roll of
collection.
SEC. 18. Section 5473.11 of the Health and Safety Code is amended
to read:
5473.11. (a) An entity shall notify the assessee shown on the
latest equalized assessment roll whenever delinquent and unpaid
charges for services which would become a lien on the property
pursuant to subdivision (b) remain delinquent and unpaid for 60 days.
(b) The amount of the unpaid charges may, in the discretion of the
entity, be secured at any time by filing for record in the office of
the county recorder of any county, a certificate specifying the
amount of the unpaid charges and the name and address of the person
liable for those unpaid charges. From the time of recordation of the
certificate, the amount required to be paid together with interest
and penalty constitutes a lien upon all real property in the county
owned by the person or afterwards, and before the lien expires,
acquired by him or her. The lien shall have the force, priority, and
effect of a judgment lien and shall continue for 10 years from the
date of the filing of the certificate unless sooner released or
otherwise discharged. The lien may, within 10 years from the filing
of the certificate or within 10 years from the date of the last
extension of the lien in the manner herein provided, be extended by
filing for record a new certificate in the office of the county
recorder of any county and from the time of this filing the lien
shall be extended to the real property in this county for 10 years
unless sooner released or otherwise discharged.
SEC. 19. Section 5474.6 of the Health and Safety Code is amended
to read:
5474.6. (a) The tax collector shall include the amounts of the
installments of fees or charges and the interest on bills for taxes
levied against the respective lots and parcels of land. Thereafter,
all laws applicable to the levy, collection and enforcement of taxes
of the entity, including penalties and interest thereon and
cancellation or refund thereof, shall be applicable to those
installments of fees or charges and interest, except that, if any
real property to which the fees or charges relate has been
transferred or conveyed to a bona fide purchaser for value or a lien
of a bona fide encumbrancer for value has been created and attaches
thereon during the year prior to the date on which the first
installment of the general taxes that include the fees or charges
appears on the assessment roll, then the lien which would otherwise
be imposed by Section 5474.5 shall not attach to the real property
and the fees or charges and interest shall be transferred to the
unsecured roll for collection.
(b) The amount of the unpaid installments of fees or charges and
interest may, in the discretion of the entity, be secured at any time
by filing for record in the office of the county recorder of any
county, a certificate specifying the amount of the fees or charges
and interest and the name and address of the person liable therefor.
From the time of recordation of the certificate, the amount required
to be paid together with interest and penalty constitutes a lien upon
all real property in the county owned by the person or afterwards,
and before the lien expires, acquired by him or her. The lien shall
have the force, priority, and effect of a judgment lien and shall
continue for 10 years from the date of the filing of the certificate
unless sooner released or otherwise discharged. The lien may, within
10 years from the filing of the certificate or within 10 years from
the date of the last extension of the lien in the manner herein
provided, be extended by filing for record a new certificate in the
office of the county recorder of any county and from the time of this
filing the lien shall be extended to the real property in this
county for 10 years unless sooner released or otherwise discharged.
SEC. 20. Section 36622 of the Streets and Highways Code is amended
to read:
36622. The management district plan shall contain all of the
following:
(a) If the assessment will be levied on property, a map of the
district in sufficient detail to locate each parcel of property and,
if businesses are to be assessed, each business within the district.
If the assessment will be levied on businesses, a map that identifies
the district boundaries in sufficient detail to allow a business
owner to reasonably determine whether a business is located within
the district boundaries. If the assessment will be levied on property
and businesses, a map of the district in sufficient detail to locate
each parcel of property and to allow a business owner to reasonably
determine whether a business is located within the district
boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the
boundaries of benefit zones, proposed for establishment or extension
in a manner sufficient to identify the affected lands and businesses
included. The boundaries of a proposed property assessment district
shall not overlap with the boundaries of another existing property
assessment district created pursuant to this part. This part does not
prohibit the boundaries of a district created pursuant to this part
to overlap with other assessment districts established pursuant to
other provisions of law, including, but not limited to, the Parking
and Business Improvement Area Law of 1989 (Part 6 (commencing with
Section 36500)). This part does not prohibit the boundaries of a
business assessment district created pursuant to this part to overlap
with another business assessment district created pursuant to this
part. This part does not prohibit the boundaries of a business
assessment district created pursuant to this part to overlap with a
property assessment district created pursuant to this part.
(d) The improvements and activities proposed for each year of
operation of the district and the maximum cost thereof. If the
improvements and activities proposed for each year of operation are
the same, a description of the first year's proposed improvements and
activities and a statement that the same improvements and activities
are proposed for subsequent years shall satisfy the requirements of
this subdivision.
(e) The total annual amount proposed to be expended for
improvements, maintenance and operations, and debt service in each
year of operation of the district. If the assessment is levied on
businesses, this amount may be estimated based upon the assessment
rate. If the total annual amount proposed to be expended in each year
of operation of the district is not significantly different, the
amount proposed to be expended in the initial year and a statement
that a similar amount applies to subsequent years shall satisfy the
requirements of this subdivision.
(f) The proposed source or sources of financing, including the
proposed method and basis of levying the assessment in sufficient
detail to allow each property or business owner to calculate the
amount of the assessment to be levied against his or her property or
business. The plan also shall state whether bonds will be issued to
finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be
levied. In a new district, the maximum number of years shall be five.
Upon renewal, a district shall have a term not to exceed 10 years.
Notwithstanding these limitations, a district created pursuant to
this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. The management
district plan may set forth specific increases in assessments for
each year of operation of the district.
(i) The proposed time for implementation and completion of the
management district plan.
(j) Any proposed rules and regulations to be applicable to the
district.
(k) A list of the properties or businesses to be assessed,
including the assessor's parcel numbers for properties to be
assessed, and a statement of the method or methods by which the
expenses of a district will be imposed upon benefited real property
or businesses, in proportion to the benefit received by the property
or business, to defray the cost thereof, including operation and
maintenance. The plan may provide that all or any class or category
of real property which is exempt by law from real property taxation
may nevertheless be included within the boundaries of the district
but shall not be subject to assessment on real property.
( l ) Any other item or matter required to be
incorporated therein by the city council.
SEC. 21. Section 36623 of the Streets and Highways Code is amended
to read:
36623. (a) If a city council proposes to levy a new or increased
property assessment, the notice and protest and hearing procedure
shall comply with Section 53753 of the Government Code.
(b) If a city council proposes to levy a new or increased business
assessment, the notice and protest and hearing procedure shall
comply with Section 54954.6 of the Government Code, except that
notice shall be mailed to the owners of the businesses proposed to be
assessed. A protest may be made orally or in writing by any
interested person. Every written protest shall be filed with the
clerk at or before the time fixed for the public hearing. The city
council may waive any irregularity in the form or content of any
written protest. A written protest may be withdrawn in writing at any
time before the conclusion of the public hearing. Each written
protest shall contain a description of the business in which the
person subscribing the protest is interested sufficient to identify
the business and, if a person subscribing is not shown on the
official records of the city as the owner of the business, the
protest shall contain or be accompanied by written evidence that the
person subscribing is the owner of the business or the authorized
representative. A written protest that does not comply with this
section shall not be counted in determining a majority protest. If
written protests are received from the owners or authorized
representatives of businesses in the proposed district that will pay
50 percent or more of the assessments proposed to be levied and
protests are not withdrawn so as to reduce the protests to less than
50 percent, no further proceedings to levy the proposed assessment
against such businesses, as contained in the resolution of intention,
shall be taken for a period of one year from the date of the finding
of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to
levy both a new or increased property assessment and a new or
increased business assessment, the notice and protest and hearing
procedure for the property assessment shall comply with subdivision
(a), and the notice and protest and hearing procedure for the
business assessment shall comply with subdivision (b). If a majority
protest is received from either the property or business owners, that
respective portion of the assessment shall not be levied. The
remaining portion of the assessment may be levied unless the
improvement or other special benefit was proposed to be funded by
assessing both property and business owners.
SEC. 22. Section 36629 of the Streets and Highways Code is amended
to read:
36629. All provisions of this part applicable to the
establishment, modification, or disestablishment of a property and
business improvement district apply to the establishment,
modification, or disestablishment of benefit zones or categories of
business. The city council shall, to establish, modify, or
disestablish a benefit zone or category of business, follow the
procedure to establish, modify, or disestablish a property and
business improvement district.
SEC. 23. Section 36671 of the Streets and Highways Code is amended
to read:
36671. (a) Upon the disestablishment or expiration without
renewal of a district, any remaining revenues, after all outstanding
debts are paid, derived from the levy of assessments, or derived from
the sale of assets acquired with the revenues, or from bond reserve
or construction funds, shall be refunded to the owners of the
property or businesses then located and operating within the district
in which assessments were levied by applying the same method and
basis that was used to calculate the assessments levied in the fiscal
year in which the district is disestablished or expires. All
outstanding assessment revenue collected after disestablishment shall
be spent on improvements and activities specified in the management
district plan.
(b) If the disestablishment occurs before an assessment is levied
for the fiscal year, the method and basis that was used to calculate
the assessments levied in the immediate prior fiscal year shall be
used to calculate the amount of any refund.
SEC. 24. Section 37212 of the Water Code is amended to read:
37212. In case any charges for water or other services, or
either, remain unpaid:
(a) If unpaid for 60 days or more on July 1st, the district board
may, by resolution, order the secretary to do each of the following:
(1) Prepare a list of the parcels of land upon which water and
other services, or either, requested in writing by the owner of the
property, was used, and for which the charges remain unpaid.
(2) Certify that the list is true and correct.
(3) Submit the list of unpaid charges and parcels to the county
auditor no later than five days after the estimate of the district
board was furnished pursuant to Section 37206.
Upon receipt by the county auditor of the list and a certified
copy of the resolution, the amount of the unpaid charges attributed
to each parcel mentioned in the list shall constitute a special
assessment against the parcel, and shall be a lien on that property
for that amount. The lien attaches upon recordation in the office of
the county recorder of the county in which the property is situated
of a certified copy of the resolution of the district board
accompanied by a certified copy of the list specifically describing
the real property by a legal description or reference to an assessor'
s parcel number and specifying the amount applicable to each parcel.
The assessment shall be collected at the same time and in the same
manner as ordinary municipal ad valorem taxes are collected, and
shall be subject to the same penalties, and the same procedure and
sale in case of delinquency as provided for those taxes. All laws
applicable to the levy, collection, and enforcement of municipal ad
valorem taxes shall be applicable to the assessment, except that, if
any real property to which the lien would attach has been transferred
or conveyed to a bona fide purchaser for value or a lien of a bona
fide encumbrancer for value has been created and attached thereon
during the year prior to the date on which the first installment of
the taxes that include the assessment appears on the assessment roll,
then the lien which would otherwise be imposed by this section shall
not attach to the real property and the delinquent and unpaid
charges, as certified, relating to the property shall be transferred
to the unsecured roll for collection.
The county shall deduct from the charges collected an amount
sufficient to compensate the county for costs incurred in collecting
the delinquent and unpaid charges. The amount of this compensation
shall be fixed by agreement between the board of supervisors and the
district's board of directors.
(b) The amount of the unpaid charges may, in the discretion of the
district, be secured at any time by filing for record in the office
of the county recorder of any county, a certificate specifying the
amount of the charges and the name and address of the person liable
therefor.
From the time of recordation of the certificate, the amount
required to be paid together with interest and penalty constitutes a
lien upon all real property in the county owned by the person or
afterwards, and before the lien expires, acquired by him or her. The
lien has the force, priority, and effect of a judgment lien and shall
continue for 10 years from the date of the filing of the certificate
unless sooner released or otherwise discharged. The lien may, within
10 years from the filing of the certificate or within 10 years from
the date of the last extension of the lien in the manner herein
provided, be extended by filing for record a new certificate in the
office of the county recorder of any county and from the time of the
filing the lien shall be extended to the real property in this county
for 10 years unless sooner released or otherwise discharged.
SEC. 25. Section 3 of the Kings River Conservation District Act
(Chapter 931 of the Statutes of 1951), as amended by Section 2 of
Chapter 1410 of the Statutes of 1955, is repealed.
SEC. 26. Section 3 is added to the Kings River Conservation
District Act (Chapter 931 of the Statutes of 1951), to read:
Sec. 3. (a) On or before May 1, 2013, the board shall adopt a
resolution that divides the district into seven electoral divisions,
which shall be numbered and denominated Division One, Division Two,
Division Three, Division Four, Division Five, Division Six, and
Division Seven.
(b) Using the most recent federal census data as a basis, the
electoral divisions shall be as far as practicable, equal in
population as required by law.
(c) In establishing the boundaries of the electoral divisions, the
board may give consideration to the topography, geography,
cohesiveness, contiguity, integrity, compactness of territory, and
the community of interests of the electoral divisions.
(d) The establishment of seven divisions pursuant to this section
shall not affect the term of office of any director holding office on
January 1, 2013.
SEC. 27. Section 3.1 is added to the Kings River Conservation
District Act (Chapter 931 of the Statutes of 1951), to read:
Sec. 3.1. (a) (1) One director shall be elected in accordance with
this section by the voters of each electoral division.
(2) A candidate for the board of directors shall be a resident in
the electoral division for which he or she is a candidate.
(3) A director shall continue to reside within the electoral
division during his or her term of office, except that no change in
boundaries of an electoral division shall affect the term of office
of an incumbent director.
(b) Consistent with the requirements of Section 10404 of the
Elections Code, the first elections for Division One, Division Three,
and Division Five established pursuant to Section 3 shall be
conducted at the November 4, 2014, general district election.
(c) Consistent with the requirements of Section 10404 of the
Elections Code, the first elections for Division Two, Division Four,
Division Six, and Division Seven established pursuant to Section 3
shall be conducted at the November 8, 2016, general district
election.
(d) Except as otherwise provided by this act, the term of office
for each director elected pursuant to subdivisions (b) and (c) shall
be four years and the director shall hold office until his or her
successor qualifies and takes office.
(e) Elections pursuant to this section shall be conducted in
accordance with the Uniform District Election Law (Part 4 (commencing
with Section 10500) of Division 10 of the Elections Code).
SEC. 28. Section 3.2 is added to the Kings River Conservation
District Act (Chapter 931 of the Statutes of 1951), to read:
Sec. 3.2. The board shall review the boundaries of the seven
electoral divisions established pursuant to Section 3 before November
1 of the year following the year in which each decennial census is
taken. If necessary, the board of directors shall, by resolution,
adjust the boundaries of any divisions pursuant to Chapter 8
(commencing with Section 22000) of Division 21 of the Elections Code,
except as otherwise provided in this act.
SEC. 29. Section 5 of the Kings River Conservation District Act
(Chapter 931 of the Statutes of 1951), as amended by Section 174 of
Chapter 2019 of the Statutes of 1965, is amended to read:
Sec. 5. As used in this act the following words shall have the
following meanings unless by the context otherwise indicated, and the
definition of a word applies to any of its variants:
(a) "District" means Kings River Conservation District.
(b) "Board" means the board of directors of the district.
(c) "President" means the president of the board.
(d) "Secretary" means the secretary of the board.
(e) "General district election" means the election required to be
held in the district on the first Tuesday after the first Monday in
November in each even-numbered year.
(f) "Special district election" means any district election other
than a general district election.
(g) "Elector," "voter," and "precinct board" have, respectively,
the same meanings as in the Elections Code, but an elector or voter
shall also be a resident of the district and, when required, of a
division thereof.
(h) "Property" embraces all real and personal property.
(i) "Works" includes conduits, canals, embankments, dams,
reservoirs, wells, pumps, tunnels, powerhouses, power generating
equipment, powerlines, and other appliances and other facilities
useful in the control, conservation, drainage, diversion and
transmission of waters and in the generation, control and
transmission of electrical power, and all land, property, franchises,
easements, rights-of-way and privileges necessary or useful to
maintain any of the foregoing.
(j) "Conduits" includes canals, laterals, ditches, flumes, pipes
and their appurtenances.
(k) "Operate" includes use, maintenance and repair.
(l) "Street" includes road, alley, avenue, highway and public way.
(m) "United States" includes the United States of America and all
bureaus, commissions, divisions, departments, boards, agencies and
officers of the United States of America.
(n) "State of California" includes the State of California and all
bureaus, commissions, divisions, departments, agencies and officers
of the State of California.
SEC. 30. Section 8 of the Kings River Conservation District Act
(Chapter 931 of the Statutes of 1951) is amended to read:
Sec. 8. The powers of the district shall, except as otherwise
provided, be exercised by a board of seven directors.
SEC. 31. Section 19 of the Kings River Conservation District Act
(Chapter 931 of the Statutes of 1951) is repealed.
SEC. 32. Section 20 of the Kings River Conservation District Act
(Chapter 931 of the Statutes of 1951) is repealed.
SEC. 33. Section 21 of the Kings River Conservation District Act
(Chapter 931 of the Statutes of 1951) is amended to read:
Sec. 21. Whenever any land is added to the district, the board,
by resolution, shall include it or any part thereof in such division
or divisions as the board may determine, giving consideration to the
location thereof and the interests of its inhabitants with respect to
power and water and the sources of water supply therein; and the
board shall relocate the boundary lines of the division or divisions
to which such territory is added accordingly. Whenever any territory
is excluded from the district, the board, by resolution, shall
relocate the boundary lines of the division or divisions within which
such territory lies so as to exclude it from such division or
divisions. No such change in a division or divisions may be made
within 180 days immediately preceding a general district election,
nor shall such change work a forfeiture of office of any director. A
certified copy of such resolution, together with a map or plat
showing the boundaries of such division or divisions as relocated
thereby shall be filed with the county recorder of each county within
which any portion of the district lies.
SEC. 34. Section 22 of the Kings River Conservation District Act
(Chapter 931 of the Statutes of 1951) is repealed.
SEC. 35. Section 24 of the Kings River Conservation District Act
(Chapter 931 of the Statutes of 1951) is amended to read:
Sec. 24. Consistent with the requirement heretofore imposed by the
District pursuant to Elections Code Section 10404, the election of
directors shall be held on the first Tuesday after the first Monday
in November in each even-numbered year, and each director must be an
elector and resident of the division for which he or she is elected.
The candidate receiving the highest number of votes cast for the
office of director for a specific division shall be declared elected.
FORM OF APPOINTMENT
The undersigned hereby appoint ________ the
following voters of Kings River Conservation
District as verification deputies to obtain
signatures to a certificate of nomination
nominating ________as a candidate for the office
of director of said district at an election to
be held in said district on the ________ day of
________, 20 ___.
Name Address
________________________ ________________________
________________________ ________________________
________________________ ________________________
Dated this ________ day of ________, 20___.
___________ ___________
Residence Signature
(2) The certificate of nomination shall be
signed by not less than 25 voters of the
division from which the candidate is to be
elected, or in the event any division shall have
less than 100 voters resident therein, such
certificate shall be signed by not less than 25
percent of the voters of such division. In the
case of the director at large, the certificate
of nomination shall be signed by not less than
25 voters of the district. The certificate of
nomination may consist of one or more parts and
shall read substantially as follows:
CERTIFICATE OF NOMINATION
We, the undersigned, certify that we do hereby
join in a certificate of nomination of
________, whose residence is at ________ , for the
office of director of Kings River Conservation
District from Division ________, (or at large) to
be voted for at the election to be held in said
district on the ________ day of ________ , 20 ___,
and each of us further certifies that he or she is
a voter residing within said Division ________ (or
said district) and is not at this time a signer of
any other certificate nominating any other
candidate for the above-named office and that his
or her residence and occupation are as hereinafter
stated.
Signatures Residence Occupation Date
Verification Deputy's Affidavit
State of California ) SS.
County of ________ )
I, ________, solemnly swear that I have been
appointed according to the provisions of the Kings
River Conservation District Act as a verification
deputy to secure signatures to a certificate of
nomination of ________ as a candidate for election
to the office of director of Kings River
Conservation District; that all the signatures on
this section of the certificate were made in my
presence and that to my knowledge and belief each
of the signatures is a genuine signature of the
person whose name it purports to be.
_____________________
Verification Deputy
Subscribed and sworn to before me this ________
day of ______, 20___.
___________________________________
Notary Public (or other officer)
The certificate of nomination of which this
section forms a part shall, if found insufficient,
be returned to the verification deputy at
________(address), California.
SEC. 36. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.
