Bill Text: CA SB184 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Local government: omnibus bill.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 210, Statutes of 2013. [SB184 Detail]
Download: California-2013-SB184-Amended.html
Bill Title: Local government: omnibus bill.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 210, Statutes of 2013. [SB184 Detail]
Download: California-2013-SB184-Amended.html
BILL NUMBER: SB 184 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 10, 2013
AMENDED IN SENATE APRIL 9, 2013
INTRODUCED BY Committee on Governance and Finance (Senators Wolk
(Chair), Beall, DeSaulnier, Emmerson, Hernandez, Knight, and Liu)
FEBRUARY 6, 2013
An act to amend Section 11010.4 of the Business
and Professions Code, to amend Sections 12419.8, 12419.10,
27201, 41802, 41803, 41805, 50281, 53243.4,
53395.1, 53395.2, 53395.10, 53395.13, 53395.14, 53395.17, 53395.85,
53396, 53890 66428 , 66442.5, and 66449
of the Government Code, to amend Section 9002 of the Health and
Safety Code, to amend Section 32556 of, and to repeal Sections 9973,
9974, 9975, 9976, 9977, and 9978 of, the Public Resources Code,
and to amend Section 36622 of the Streets and
Highways Code, and to amend Sections 3.1, 23, and 29 of, and to
repeal Section 24 of, the Kings River Conservation District Act
(Chapter 931 of the Statutes of 1951), relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
SB 184, as amended, Committee on Governance and Finance. Local
government: omnibus bill.
(1) Existing law requires any person who intends to offer
subdivided lands within this state for sale or lease to file with the
Department of Real Estate an application for a public report
consisting of a notice of intention and a completed questionnaire, as
specified. Existing law exempts from this requirement a proposed
offering of subdivided land where each lot, parcel, or unit of the
subdivision will be sold or offered for sale improved with a
completed residential structure and with all other improvements
completed that are necessary for occupancy or with financial
arrangements determined to be adequate by the city to ensure
completion of the improvements.
This bill would specify that a lot, parcel, or unit satisfies the
requirement that it be improved with a completed residential
structure if it is improved with a completed residential structure at
the time it is conveyed by the subdivider.
(1)
(2) Existing law, the Public Cemetery District Law,
defines the term "family member" for purposes of that law to include,
among others, a person's spouse.
This bill would additionally include within the definition of
"family member" a person's domestic partner, and would define the
term "domestic partner," as specified.
(2)
(3) Existing law requires specified employment
contracts between a local agency and an officer or employee to
include a provision that would fully reimburse the local agency for
that officer's or employee's salary if that officer or employee is
convicted of a crime involving an abuse of his or her office or
position. Existing law, for purposes of these provisions, defines the
term "abuse of office or position" to include, among other things, a
crime against public justice, including bribery of an executive or
judicial officer of the state.
This bill would revise the definition of "abuse of office or
position" to include bribery of a Member of the Legislature.
(3)
(4) Existing law, the Subdivision Map Act, requires the
city engineer or county surveyor, as appropriate, to sign an
approved final or parcel map and indicate his or her registration
number and stamp the map with his or her seal.
This bill would additionally require the city engineer or county
surveyor to provide that date on which he or she signed the final or
parcel map, and to include his or her seal.
(5) Existing law, the Subdivision Map Act, provides that for any
conveyance of land to or from a governmental agency, public entity,
public utility, or for land conveyed to a subsidiary of a local
public utility for conveyance to that public utility for
rights-of-way, rights-of-way may not be considered a division of land
for purposes of computing parcels.
This bill would instead provide that a parcel map is not required
for land conveyed to or from a governmental agency, public entity,
public utility, or for land conveyed to a subsidiary of a local
public utility for conveyance to that public utility for
rights-of-way, unless a showing is made in individual cases, upon
substantial evidence, that public policy necessitates a parcel map.
(4)
(6) Existing law, the Baldwin Hills Conservancy Act,
requires the board of the Baldwin Hills Conservancy to consist of 13
voting members, including, among others, the member of the Los
Angeles County Board of Supervisors within whose district the
majority of the Baldwin Hills area is located.
This bill would instead require one of the 13 voting members to
include the member of the Los Angeles County Board of Supervisors
within whose district the majority of the Baldwin Hills area is
located, or his or her designee.
(5)
(7) Existing law allows the Controller, either in his
or her discretion or upon local request, to offset or deduct certain
amounts due from a person or entity to a city or county against
certain state claims. Existing law also requires the Controller, to
the extent feasible, to offset any amount overdue and unpaid for a
fine, penalty, assessment, bail, vehicle parking penalty, or
court-ordered reimbursement for court-related services, against any
amount owing the person or entity by a state agency on a claim for a
refund from the Franchise Tax Board under the Personal Income Tax Law
or the Bank and Corporation Tax Law, or from winnings in the
California State Lottery.
This bill would expand these provisions to apply to amounts due to
special districts, in addition to amounts due to cities and
counties.
(8) Existing law requires the county recorder, upon payment of
proper fees and taxes, to accept for recordation any instrument,
paper, or notice that is authorized or required to be recorded, as
specified. Existing law requires the recorder to accept a facsimile
signature on a lien recorded by a governmental agency when that
facsimile signature has been officially adopted by that agency, and
requires a copy of the agency's resolution or action adopting the
signature for facsimile transmission purposes or a certified copy of
the agency's adopted signature to be provided to the county recorder
when the signature is officially adopted by the agency, or at the
beginning of each calendar year.
This bill would instead require the agency to provide the
officially adopted facsimile signature by letter, and would provide
that the facsimile signature will continue to be valid until the
agency notifies the county recorder that the facsimile signature has
been revoked.
(9) Existing law authorizes the owner of a qualified historical
property and the legislative body of a city, county, or city and
county to contract to enforceably restrict the use of the property in
exchange for a reduction in the property tax assessment on the
property. Existing law requires the owner or agent of an owner to
record the contract with the county in which the property is located
within 6 months of entering into the contract.
This bill would repeal the requirement that the owner or agent of
the owner record the contract with the county in which the property
is located within 6 months of entering into the contract.
(6)
(10) Existing law requires the Ventura County Resource
Conservation District to meet specified criteria, including criteria
related to its subdivisions, boundaries, elections, and board of
directors.
This bill would remove these provisions.
(7)
(11) The Property and Business Improvement District Law
of 1994 requires, prior to the establishment of a property and
business improvement district pursuant to the act, that the
proponents of the district submit to the city council a management
district plan. A management district plan may provide that a 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.
This bill would remove this provision.
(12) The Kings River Conservation District Act establishes the
Kings River Conservation District, and sets forth the requirements
for the election of members of the board of directors. Existing law
requires the district to be split into electoral divisions for the
election of members of the board of directors.
This bill would require that in an election, the candidate
receiving the highest number of votes cast for the office of director
for a specific division be declared elected.
Existing law requires all vacancies occurring in the office of
director to be filled by appointment by the remaining directors, as
specified.
This bill would instead require the district to fill vacancies in
the board in the same manner as those vacancies on the governing
board of a special district are filled.
Existing law authorizes the district to incur bonded indebtedness,
and requires the district to hold a special election on the question
prior to incurring indebtedness. Existing law sets forth the
procedures for conducting that election.
This bill would require the district to instead comply with the
Irrigation District Law in issuing bonds.
(8)
(13) This bill would also make technical,
nonsubstantive, and conforming changes to provisions relating to
local government.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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 2013.
(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 bills.
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. 1.5. Section 11010.4 of the
Business and Professions Code is amended to read:
11010.4. The notice of intention specified in Section 11010 is
not required for a proposed offering of subdivided land that
satisfies all of the following criteria:
(a) The owner, subdivider, or agent has complied with Sections
11013.1, 11013.2, and 11013.4, if applicable.
(b) The subdivided land is not a subdivision as defined in Section
11000.1 or 11004.5.
(c) Each lot, parcel or unit of the subdivision is located
entirely within the boundaries of a city.
(d) Each lot, parcel or unit of the subdivision will be sold or
offered for sale improved with a completed residential structure and
with all other improvements completed that are necessary to occupancy
or with financial arrangements determined to be adequate by the city
to ensure completion of the improvements. A lot, parcel, or
unit shall satisfy the requirement that it be improved with a
completed residential structure if it is improved with a completed
residential structure at the time it is conveyed by the subdivider.
SEC. 2. Section 12419.8 of the Government Code is amended to read:
12419.8. (a) The Controller may, in his or her discretion, offset
any amount due a city, county, or special district from a person or
entity pursuant to paragraph (1), (2), or (4) of subdivision (c), and
shall, at the request of the city, county, or special district,
offset any amount due a city, county, or special district from a
person or entity pursuant to paragraph (3) of subdivision (c),
against any amount owing the person or entity by a state agency on a
claim for a refund from the Franchise Tax Board under the Personal
Income Tax Law or the Bank and Corporation Tax Law, a claim for
refund from the State Board of Equalization under the Sales and Use
Tax Law, from winnings in the California State Lottery, or a claim
filed by the owner, as described in subdivision (d) of Section 1540
of the Code of Civil Procedure, for payment of money from unclaimed
property held by the state. Standards and procedures for submission
of requests for offsets shall be as prescribed by the Controller.
Whenever insufficient funds are available to satisfy an offset
request, the Controller, after first applying the amounts available
to any amount due a state agency, may allocate the balance among any
other requests for offset.
(b) The Controller shall deduct and retain from any amount offset
in favor of a city, county, or special district an amount sufficient
to reimburse the Controller, the Franchise Tax Board, the State Board
of Equalization, or the California State Lottery for their
administrative costs of processing the offset payment.
(c) This section shall apply only to any of the following
situations:
(1) Where the amount has been reduced to a judgment.
(2) Where the amount is contained in an order of a court.
(3) Where the amount is from a bench warrant for payment of any
fine, penalty, or assessment.
(4) Where the amount is delinquent unsecured property taxes on
which a certificate lien has been filed for record in the office of
the county recorder pursuant to Section 2191.3 of the Revenue and
Taxation Code.
(d) For purposes of paragraph (4) of subdivision (c):
(1) Upon the tax collector's request for taxpayer identification
numbers required by the Controller's procedures, the tax collector
shall immediately notify the appropriate assessee, by registered or
certified mail, that the request has been made for the purpose of
intercepting refunds from the state government due the taxpayer, in
order to offset the delinquent property tax obligation. The letter
shall state that if the assessee does not pay the outstanding tax
amount to the tax collector within 20 days, the required taxpayer
identification number will be so provided.
(2) The tax collector shall not be named in any action that may be
brought as a result of compliance with this subdivision.
SEC. 3. Section 12419.10 of the Government Code is amended to
read:
12419.10. (a) (1) The Controller shall, to the extent feasible,
offset any amount overdue and unpaid for a fine, penalty, assessment,
bail, vehicle parking penalty, or court-ordered reimbursement for
court-related services, from a person or entity, against any amount
owing the person or entity by a state agency on a claim for a refund
from the Franchise Tax Board under the Personal Income Tax Law or the
Bank and Corporation Tax Law, from winnings in the California State
Lottery, or a cash payment of a claim for unclaimed property held by
the state. Standards and procedures for submission of requests for
offsets shall be as prescribed by the Controller. Whenever
insufficient funds are available to satisfy an offset request, the
Controller, after first applying the amounts available to any amount
due a state agency, may allocate the balance among any other requests
for offset.
(2) Any request for an offset for a vehicle parking penalty shall
be submitted within three years of the date the penalty was incurred.
This three year maximum term for refund offsets for parking tickets
applies to requests submitted to the Controller on or after January
1, 2004.
(b) Once an offset request for a vehicle parking penalty is made,
a local agency may not accrue additional interest charges, collection
charges, penalties, or other charges on or after the date that the
offset request is made. Payment of an offset request for a vehicle
parking penalty shall be made on the condition that it constitutes
full and final payment of that offset.
(c) The Controller shall deduct and retain from any amount offset
in favor of a city, county, or special district an amount sufficient
to reimburse the Controller, the Franchise Tax Board, the California
State Lottery, and the Department of Motor Vehicles for their
administrative costs of processing the offset payment.
(d) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1, or any other provision of law, the social
security number of any person obtained pursuant to Section 4150,
4150.2, or 12800 of the Vehicle Code is not a public record and shall
only be provided by the Department of Motor Vehicles to an
authorized agency for the sole purpose of making an offset pursuant
to this section for any unpaid vehicle parking penalty or any unpaid
fine, penalty, assessment, or bail of which the Department of Motor
Vehicles has been notified pursuant to subdivision (a) of Section
40509 of the Vehicle Code or Section 1803 of the Vehicle Code,
responding to information requests from the Franchise Tax Board for
the purpose of tax administration, and responding to requests for
information from an agency, operating pursuant to and carrying out
the provisions of Part A (Block Grants to States for Temporary
Assistance for Needy Families) or Part D (Child Support and
Establishment of Paternity) of Subchapter IV of Chapter 7 of Title 42
of the United States Code. As used in this section, "authorized
agency" means the Controller, the Franchise Tax Board, or the
California State Lottery Commission.
SEC. 3.5. Section 27201 of the
Government Code is amended to read:
27201. (a) The recorder shall, upon payment of proper fees and
taxes, accept for recordation any instrument, paper, or notice that
is authorized or required by statute, or court order to be recorded,
or authorized or required to be recorded by a local ordinance that
relates to the recordation of any instrument, paper, or notice that
relates to real property, if the instrument, paper, or notice
contains sufficient information to be indexed as provided by statute,
meets recording requirements of state statutes and local ordinances,
and is photographically reproducible. The county recorder shall not
refuse to record any instrument, paper, or notice that is authorized
or required by statute, court order, or local ordinance that relates
to the recordation of any instrument, paper, or notice that relates
to real property to be recorded on the basis of its lack of legal
sufficiency.
"Photographically reproducible," for purposes of this division,
means all instruments, papers, or notices that comply with standards
as recommended by the American National Standards Institute or the
Association for Information and Image Management for recording of
records.
(b) (1) Each instrument, paper, or notice shall contain an
original signature or signatures, except as otherwise provided by
law, or be a certified copy of the original.
(2) A facsimile signature shall be accepted on a lien recorded by
a governmental agency when that facsimile signature has been
officially adopted by that agency. The lien shall have noted on its
face a statement to that effect. A copy of the agency's
resolution or action adopting the signature for facsimile
transmission purposes or a certified copy of the agency's adopted
signature The officially adopted facsimile signature
shall be provided to the county recorder when the
signature is officially adopted by the agency, or at the beginning of
each calendar year by a letter from the agency. A
facsimile signature shall continue to be valid until the agency
notifies the county recorder that the facsimile signature has been
revoked .
SEC. 4. Section 41802 of the Government Code is amended to read:
41802. The city attorney shall frame an ordinance or resolution
required by the legislative body.
SEC. 5. Section 41803 of the Government Code is amended to read:
41803. The city attorney shall perform other legal services
required from time to time by the legislative body.
SEC. 6. Section 41805 of the Government Code is amended to read:
41805. (a) A city attorney who does not, in fact, exercise
prosecutorial responsibilities on behalf of the city or cities by
which he or she is employed shall not be precluded from defending or
assisting in the defense of, or acting as counsel for, any person
accused of any crime except for violation of any ordinance of the
city or cities by which he or she is employed, provided that:
(1) The city or cities by which the city attorney is employed
expressly relieve the city attorney of any and all prosecutorial
responsibilities on its or their behalf; and
(2) The accused has been informed of and expressly waives any
rights created as a result of any potential conflict created by his
or her attorney's position as a city attorney.
(b) Where the above provisions are met, partner or associate of a
city attorney shall not be prevented from defending or assisting in
the defense of, or acting as counsel for, any person accused of any
crime except for violations of any ordinance of the city or cities by
which his or her partner or associate is employed as a city
attorney.
This section shall not preclude any city from limiting or
prohibiting the private practice of any attorney it retains or
employs.
SEC. 6.5. Section 50281 of the
Government Code is amended to read:
50281. Any contract entered into under this article shall contain
the following provisions:
(a) The term of the contract shall be for a minimum period of 10
years.
(b) Where applicable, the contract shall provide the following:
(1) For the preservation of the qualified historical property and,
when necessary, to restore and rehabilitate the property to conform
to the rules and regulations of the Office of Historic Preservation
of the Department of Parks and Recreation, the United States
Secretary of the Interior's Standards for Rehabilitation, and the
State Historical Building Code.
(2) For an inspection of the interior and exterior of the premises
by the city, county, or city and county, prior to a new agreement,
and every five years thereafter, to determine the owner's compliance
with the contract.
(3) For it to be binding upon, and inure to the benefit of, all
successors in interest of the owner. A successor in interest shall
have the same rights and obligations under the contract as the
original owner who entered into the contract.
(c) The owner or agent of an owner shall record the contract with
the county in which the property is located within six months of
entering into the contract.
SEC. 7. 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), Title 6
(commencing with Section 85), or Title 7 (commencing with Section 92)
of Part 1 of the Penal Code.
SEC. 8. Section 53395.1 of the Government Code is amended to read:
53395.1. Unless the context otherwise requires, the definitions
contained in this article shall govern the construction of this
chapter.
(a) "Affected taxing entity" means any governmental taxing agency
which levied or had levied on its behalf a property tax on all or a
portion of the property located in the proposed district in the
fiscal year prior to the designation of the district, but not
including any county office of education, school district, or
community college district.
(b) "City" means a city or a city and county.
(c) "Debt" means any binding obligation to repay a sum of money,
including obligations in the form of bonds, certificates of
participation, long-term leases, loans from government agencies, or
loans from banks, other financial institutions, private businesses,
or individuals.
(d) "Designated official" means the city or county engineer or
other appropriate official designated pursuant to Section 53395.13.
(e) (1) "District" means an infrastructure financing district.
(2) An infrastructure financing district is a "district" within
the meaning of Section 1 of Article XIII A of the California
Constitution.
(f) "Infrastructure financing district" means a legally
constituted governmental entity established pursuant to this chapter
for the sole purpose of financing public facilities.
(g) "Landowner" or "owner of land" means any person shown as the
owner of land on the last equalized assessment roll or otherwise
known to be the owner of the land by the legislative body. The
legislative body has no obligation to obtain other information as to
the ownership of land, and its determination of ownership shall be
final and conclusive for the purposes of this chapter. A public
agency is not a landowner or owner of land for purposes of this
chapter, unless the public agency owns all of the land to be included
within the proposed district.
(h) "Legislative body" means the city council or board of
supervisors.
SEC. 9. Section 53395.2 of the Government Code is amended to read:
53395.2. (a) The revenues available pursuant to Article 3
(commencing with Section 53396) may be used directly for work allowed
pursuant to Section 53395.3, may be accumulated for a period not to
exceed five years to provide a fund for that work, may be pledged to
pay the principal of, and interest on, bonds issued pursuant to
Article 4 (commencing with Section 53397.1), or may be pledged to pay
the principal of, and interest on, bonds issued pursuant to the
Improvement Bond Act of 1915 (Division 10 (commencing with Section
8500) of the Streets and Highways Code) or the Mello-Roos Community
Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311)),
the proceeds of which have been or will be used entirely for
allowable purposes of the district. The revenue of the district may
also be advanced for allowable purposes of the district to an
Integrated Financing District established pursuant to Chapter 1.5
(commencing with Section 53175), in which case the district may be
party to a reimbursement agreement established pursuant to that
chapter. The revenues of the district may also be committed to paying
for any completed public facility acquired pursuant to Section
53395.3 over a period of time, including the payment of a rate of
interest not to exceed the bond buyer index rate on the day that the
agreement to repay is entered into by the city or county.
(b) The legislative body may enter into an agreement with any
affected taxing entity providing for the construction of, or
assistance in, financing public facilities.
SEC. 10. Section 53395.10 of the Government Code is amended to
read:
53395.10. A legislative body of a city or county may designate
one or more proposed infrastructure financing districts pursuant to
this chapter. Proceedings for the establishment of a district shall
be instituted by the adoption of a resolution of intention to
establish the proposed district and shall do all of the following:
(a) State that an infrastructure financing district is proposed to
be established under the terms of this chapter and describe the
boundaries of the proposed district, which may be accomplished by
reference to a map on file in the office of the clerk of the city.
(b) State the type of public facilities proposed to be financed by
the district. The district may only finance public facilities
authorized by Section 53395.3.
(c) State that incremental property tax revenue from the city or
county and some or all affected taxing entities within the district
may be used to finance these public facilities.
(d) Fix a time and place for a public hearing on the proposal.
SEC. 11. Section 53395.13 of the Government Code is amended to
read:
53395.13. After adopting the resolution pursuant to Section
53395.10, the legislative body shall designate and direct the city or
county engineer or other appropriate official to prepare an
infrastructure plan pursuant to Section 53395.14.
SEC. 12. Section 53395.14 of the Government Code is amended to
read:
53395.14. After receipt of a copy of the resolution of intention
to establish a district, the official designated pursuant to Section
53395.13 shall prepare a proposed infrastructure financing plan. The
infrastructure financing plan shall be consistent with the general
plan of the city or county within which the district is located and
shall include all of the following:
(a) A map and legal description of the proposed district, which
may include all or a portion of the district designated by the
legislative body in its resolution of intention.
(b) A description of the public facilities required to serve the
development proposed in the area of the district including those to
be provided by the private sector, those to be provided by
governmental entities without assistance under this chapter, those
public improvements and facilities to be financed with assistance
from the proposed district, and those to be provided jointly. The
description shall include the proposed location, timing, and costs of
the public improvements and facilities.
(c) A finding that the public facilities are of communitywide
significance and provide significant benefits to an area larger than
the area of the district.
(d) A financing section, which shall contain all of the following
information:
(1) A specification of the maximum portion of the incremental tax
revenue of the city or county and of each affected taxing entity
proposed to be committed to the district for each year during which
the district will receive incremental tax revenue. The portion need
not be the same for all affected taxing entities. The portion may
change over time.
(2) A projection of the amount of tax revenues expected to be
received by the district in each year during which the district will
receive tax revenues, including an estimate of the amount of tax
revenues attributable to each affected taxing entity for each year.
(3) A plan for financing the public facilities to be assisted by
the district, including a detailed description of any intention to
incur debt.
(4) A limit on the total number of dollars of taxes which may be
allocated to the district pursuant to the plan.
(5) A date on which the district will cease to exist, by which
time all tax allocation to the district will end. The date shall not
be more than 30 years from the date on which the ordinance forming
the district is adopted pursuant to Section 53395.23.
(6) An analysis of the costs to the city or county of providing
facilities and services to the area of the district while the area is
being developed and after the area is developed. The plan shall also
include an analysis of the tax, fee, charge, and other revenues
expected to be received by the city or county as a result of expected
development in the area of the district.
(7) An analysis of the projected fiscal impact of the district and
the associated development upon each affected taxing entity.
(8) A plan for financing any potential costs that may be incurred
by reimbursing a developer of a project that is both located entirely
within the boundaries of that district and qualifies for the Transit
Priority Project Program, pursuant to Section 65470, including any
permit and affordable housing expenses related to the project.
(e) If any dwelling units occupied by persons or families of low
or moderate income are proposed to be removed or destroyed in the
course of private development or public works construction within the
area of the district, a plan providing for replacement of those
units and relocation of those persons or families consistent with the
requirements of Section 53395.5.
SEC. 13. Section 53395.17 of the Government Code is amended to
read:
53395.17. The legislative body shall conduct a public hearing
prior to adopting the proposed infrastructure financing plan. The
public hearing shall be called no sooner than 60 days after the plan
has been sent to each affected taxing entity. In addition to the
notice given to landowners and affected taxing entities pursuant to
Sections 53395.11 and 53395.12, notice of the public hearing shall be
given by publication not less than once a week for four successive
weeks in a newspaper of general circulation published in the city or
county in which the proposed district is located. The notice shall
state that the district will be used to finance public works, briefly
describe the public works, briefly describe the proposed financial
arrangements, including the proposed commitment of incremental tax
revenue, describe the boundaries of the proposed district and state
the day, hour, and place when and where any persons having any
objections to the proposed infrastructure financing plan, or the
regularity of any of the prior proceedings, may appear before the
legislative body and object to the adoption of the proposed plan by
the legislative body.
SEC. 14. Section 53395.85 of the Government Code is amended to
read:
53395.85. If a city or county that is a member of the Orangeline
Development Authority establishes an infrastructure financing
district pursuant to this chapter for the purpose of providing
funding for public transit facilities, that city or county may
provide some or all of this funding to the Orangeline Development
Authority for the purposes of furthering public transit facilities
within the jurisdiction of the authority, including facilities
related to magnetic levitation.
SEC. 15. Section 53396 of the Government Code is amended to read:
53396. Any infrastructure financing plan may contain a provision
that taxes, if any, levied upon taxable property in the area included
within the infrastructure financing district each year by or for the
benefit of the State of California, or any affected taxing entity
after the effective date of the ordinance adopted pursuant to Section
53395.23 to create the district, shall be divided as follows:
(a) That portion of the taxes which would be produced by the rate
upon which the tax is levied each year by or for each of the affected
taxing entities upon the total sum of the assessed value of the
taxable property in the district as shown upon the assessment roll
used in connection with the taxation of the property by the affected
taxing entity, last equalized prior to the effective date of the
ordinance adopted pursuant to Section 53395.23 to create the
district, shall be allocated to, and when collected shall be paid to,
the respective affected taxing entities as taxes by or for the
affected taxing entities on all other property are paid.
(b) That portion of the levied taxes each year specified in the
adopted infrastructure financing plan for the city or county and each
affected taxing entity which has agreed to participate pursuant to
Section 53395.19 in excess of the amount specified in subdivision (a)
shall be allocated to, and when collected shall be paid into a
special fund of, the district for all lawful purposes of the
district. Unless and until the total assessed valuation of the
taxable property in a district exceeds the total assessed value of
the taxable property in the district as shown by the last equalized
assessment roll referred to in subdivision (a), all of the taxes
levied and collected upon the taxable property in the district shall
be paid to the respective affected taxing entities. When the district
ceases to exist pursuant to the adopted infrastructure financing
plan, all moneys thereafter received from taxes upon the taxable
property in the district shall be paid to the respective affected
taxing entities as taxes on all other property are paid.
SEC. 16. Section 53890 of the Government Code
is amended to read:
53890. As used in this article, "local agency" means any city,
county, and any district required to furnish financial reports
pursuant to Section 12463.1 or 12463.3.
SEC. 16. Section 66428 of the
Government Code is amended to read:
66428. (a) Local ordinances
may require a tentative map where a parcel map is required by this
chapter. A parcel map shall be required for subdivisions as to which
a final or parcel map is not otherwise required by this chapter,
unless the preparation of the parcel map is waived by local ordinance
as provided in this section. A parcel map shall not be required for
either of the following:
(1) Subdivisions of a portion of the operating right-of-way of a
railroad corporation, as defined by Section 230 of the Public
Utilities Code, that are created by short-term leases (terminable by
either party on not more than 30 days' notice in writing).
(2) Any conveyance of land Land
conveyed to or from a governmental agency, public
entity, public utility, or for land conveyed to a subsidiary of a
public utility for conveyance to that public utility for
rights-of-way shall not be considered a division of land for
purposes of computing the number of parcels , unless
a showing is made in individual cases, upon substantial evidence,
that public policy necessitates a parcel map . For purposes of
this subdivision, any conveyance of land
conveyed to or from a governmental agency shall include a fee
interest, a leasehold interest, an easement, or a license.
(b) A local agency shall, by ordinance, provide a procedure for
waiving the requirement for a parcel map, imposed by this division,
including the requirements for a parcel map imposed by Section 66426.
The procedure may include provisions for waiving the requirement for
a tentative and final map for the construction of a condominium
project on a single parcel. The ordinance shall require a finding by
the legislative body or advisory agency, that the proposed division
of land complies with requirements established by this division or
local ordinance enacted pursuant thereto as to area, improvement and
design, floodwater drainage control, appropriate improved public
roads, sanitary disposal facilities, water supply availability,
environmental protection, and other requirements of this division or
local ordinance enacted pursuant thereto. In any case, where the
requirement for a parcel map is waived by local ordinance pursuant to
this section, a tentative map may be required by local ordinance.
(c) If a local ordinance does not require a tentative map where a
parcel map is required by this division, the subdivider shall have
the option of submitting a tentative map, or if he or she desires to
obtain the rights conferred by Chapter 4.5 (commencing with Section
66498.1), a vesting tentative map.
SEC. 17. Section 66442.5 of the Government Code is amended to
read:
66442.5. The following statements shall appear on a final map:
Engineer's or Surveyor's statement:
This map was prepared by me or under my direction and is based
upon a field survey in conformance with the requirements of the
Subdivision Map Act and local ordinance at the request of (name of
person authorizing map) on (date). I hereby state that all the
monuments are of the character and occupy the positions indicated or
that they will be set in those positions before (date), and that the
monuments are, or will be, sufficient to enable the survey to be
retraced, and that this final map substantially conforms to the
conditionally approved tentative map.
(Signed) _____ (Date Signed) _____
L.S. or R.C.E. No. __________________ (Seal)
Recorder's certificate or statement.
Filed this ___ day of ____, 20__, at
____m. in Book ____ of ____, at page ____, at the
request of ________.
Signed _________________________
County Recorder
SEC. 18. Section 66449 of the Government Code is amended to read:
66449. The following statements shall appear on a parcel map:
Engineer's or Surveyor's statement:
This map was prepared by me or under my direction (and was
compiled from record data) (and is based upon a field survey) in
conformance with the requirements of the Subdivision Map Act and
local ordinance at the request of (name of person authorizing map) on
(date). I hereby state that this parcel map substantially conforms
to the approved or conditionally approved tentative map, if any.
(Signed) ________ (Date Signed)____
L.S. or R.C.E. No. ____________________(Seal)
Recorder's certificate or statement.
Filed this ___ day of ____, 20__, at ____m. in
Book ____ of ____, at page ____, at the request
of ________.
Signed __________________________
County Recorder
SEC. 19. Section 9002 of the Health and Safety Code is amended to
read:
9002. The definitions in Chapter 1 (commencing with Section 7000)
of Part 1 of Division 7 apply to this part. Further, as used in this
part, the following terms have the following meanings:
(a) "Active militia" means the active militia as defined by
Section 120 of the Military and Veterans Code.
(b) "Armed services" means the armed services as defined by
Section 18540 of the Government Code.
(c) "Board of trustees" means the legislative body of a district.
(d) "District" means a public cemetery district created pursuant
to this part or any of its statutory predecessors.
(e) "Domestic partner" means two adults who have chosen to share
one another's lives in an intimate and committed relationship of
mutual caring, and are qualified and registered with the Secretary of
State as domestic partners in accordance with Division 2.5
, of the Family Code.
(f) "Family member" means any spouse, by marriage or otherwise,
domestic partner, child or stepchild, by natural birth or adoption,
parent, brother, sister, half-brother, half-sister, parent-in-law,
brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first
cousin, or any person denoted by the prefix "grand" or "great," or
the spouse of any of these persons.
(g) "Firefighter" means a firefighter as defined by Section
1797.182.
(h) "Interment right" means the right to use or control the use of
a plot, niche, or other space, authorized by this part, for the
interment of human remains.
(i) "Nonresident" means a person who does not reside within a
district or does not pay property taxes on property located in a
district.
(j) "Peace officer" means a peace officer as defined by Section
830 of the Penal Code.
(k) "Principal county" means the county having all or the greater
portion of the entire assessed value, as shown on the last equalized
assessment roll of the county or counties, of all taxable property
within a district.
(l) "Voter" means a voter as defined by Section 359 of the
Elections Code.
SEC. 20. Section 9973 of the Public Resources Code is repealed.
SEC. 21. Section 9974 of the Public Resources Code is repealed.
SEC. 22. Section 9975 of the Public Resources Code is repealed.
SEC. 23. Section 9976 of the Public Resources Code is repealed.
SEC. 24. Section 9977 of the Public Resources Code is repealed.
SEC. 25. Section 9978 of the Public Resources Code is repealed.
SEC. 26. Section 32556 of the Public Resources Code is amended to
read:
32556. (a) The board shall consist of 13 voting members and 7
nonvoting members.
(b) The 13 voting members of the board shall consist of the
following:
(1) The Secretary of the Resources Agency, or his or her designee.
(2) The Director of Parks and Recreation, or his or her designee.
(3) The Director of Finance, or his or her designee.
(4) The Director of the Los Angeles County Department of Parks, or
his or her designee.
(5) The member of the Los Angeles County Board of Supervisors
within whose district the majority of the Baldwin Hills area is
located, or his or her designee.
(6) Six members of the public appointed by the Governor who are
residents of Los Angeles County and who represent the diversity of
the community surrounding the Baldwin Hills area. Of those six
members, four members shall be selected as follows:
(A) One member shall be a resident of Culver City selected from a
list of three persons nominated by the city council.
(B) Three members shall be residents of the adjacent communities
of Blair Hills, Ladera Heights, Baldwin Hills, Windsor Hills,
Inglewood, View Park, or Baldwin Vista.
(7) A resident of Los Angeles County appointed by the Speaker of
the Assembly, and a resident of Los Angeles County appointed by the
Senate Committee on Rules.
(c) The seven nonvoting members shall consist of the following:
(1) The Secretary of the California Environmental Protection
Agency, or his or her designee.
(2) The Executive Officer of the State Coastal Conservancy, or his
or her designee.
(3) The Executive Officer of the State Lands Commission, or his or
her designee.
(4) An appointee of the Governor with experience in developing
contaminated sites, commonly referred to as "brownfields."
(5) The Executive Director of the Santa Monica Mountains
Conservancy, or his or her designee.
(6) The Director of the Culver City Human Services Department, or
his or her designee.
(7) The Director of the Department of Conservation, or his or her
designee.
(d) A quorum shall consist of seven voting members of the board,
and any action of the board affecting any matter before the board
shall be decided by a majority vote of the voting members present, a
quorum being present. However, the affirmative vote of at least four
of the voting members of the board shall be required for the
transaction of any business of the board.
(e) The board shall do both of the following:
(1) Study the potential environmental and recreational uses of
Ballona Creek and the adjacent property described in subdivision (a)
of Section 32553.
(2) Develop a proposed map for that area.
SEC. 27. 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.
( l ) Any other item or matter required to be
incorporated therein by the city council.
SEC. 28. Section 3.1 of the Kings River
Conservation District Act (Chapter 1931 of the Statutes
of 1951), as amended by Chapter 330 of the Statutes of 2012, is
amended 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).
(f) The candidate receiving the highest number of votes cast for
the office of director for a specific division shall be declared
elected.
SEC. 29. Section 23 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951) is amended to read:
Sec. 23. All vacancies occurring in the office of director shall
be filled by appointment by the remaining directors, and if
a person appointed or elected fails to qualify, the office shall be
filled as if there were a vacancy in the office. An appointment to
fill the vacancy in the office of director shall be for the unexpired
term for the office in which the vacancy exists in
accordance with Section 1780 of the Government Code . Before
entering upon the duties of his office, each director shall take and
subscribe the official oath and file it with the secretary. The oath
of office may be taken before the secretary, any member of the board
or any officer authorized by law to administer oaths.
SEC. 30. Section 24 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951), as amended by Chapter 330 of the Statutes of 2012, is
repealed.
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. 31. Section 29 of the Kings River
Conservation District Act (Chapter 1931 of the Statutes of
1951) is amended to read:
Sec. 29. Whenever the board deems it necessary for the district to
incur a bonded indebtedness, it shall by resolution so declare and
state in said that resolution the
purpose for which the proposed debt is to be incurred and
, the amount thereof, and shall by said
resolution fix a time and place for a hearing by the board
on the question as to whether the whole district or only a portion
thereof will be benefited by the accomplishment of said
the purpose, and if only a portion thereof will
be so benefited, what portion thereof will be so benefited. Notice of
such the hearing shall thereupon be
given by the secretary by publication of a copy of said
the resolution in one newspaper of general
circulation, printed and published in each county within which any
portion of the district lies at least once a week for two weeks prior
to the hearing. Said The copy of
said the resolution so
published shall be accompanied by a notice subscribed by
the secretary to the effect that the hearing referred to in
said the resolution will be had
held at the time and place specified in
said the resolution and that at said
time any person interested, including all persons owning
property in said the district ,
will be heard upon the question stated in said
the resolution.
At the time and place fixed in said the
resolution for said the hearing
or at such this time and place to which
said the hearing may be adjourned, the
board may proceed with the hearing, and any person interested,
including any and all persons owning property within the district,
may appear and present any and all such matters
material to the question as he or she may desire. Upon the
conclusion of the hearing, the board shall by resolution determine
whether the whole of the district will be benefited by the
accomplishment of the purpose stated; and if it determines that the
whole of the district will not be so benefited by the accomplishment
of such the purpose, it shall state
what portion of the district will be so benefited; and that portion
of the district so described shall thereupon constitute and be known
as Improvement District No. ____ of Kings River Conservation
District; and the proceedings thereafter, for the purpose of the bond
election within said the improvement
district and for the purpose of taxation for the payment of
said the bonds and interest, shall be limited
and apply only to said the improvement
district. The determination of the board on this question shall be
final and conclusive.
If the board by such the resolution
determines that only a portion of the district will be benefited and
creates an improvement district as hereinabove provided, it shall
adjourn the hearing for not less than 40 nor more than 70 days.
Within 10 days after such the order of
adjournment, the secretary shall publish once in one newspaper of
general circulation, printed and published in each county within
which any portion of the improvement district lies, a notice stating
the time and place fixed for the adjourned hearing, and that at or
prior to such the hearing any person
owning land in said improvement district may file written protest to
the incurring of the proposed bonded indebtedness by such
the improvement district, and at the time and
place fixed any person interested may appear and be heard on the
question of whether such the bonded
indebtedness should be incurred by such the
improvement district. If at or prior to the adjourned hearing
written objections to the incurring of the proposed bonded
indebtedness by such the improvement
district, signed by the owners of the majority of the acreage of land
within such the improvement district
are filed with the secretary, then the board, by resolution adopted
at the hearing, shall abandon proceedings for the proposed bond
issue. The last equalized assessment roll of each county containing
land within such the improvement
district is prima facie evidence of ownership of land in that county.
If the proceedings are not abandoned as hereinabove provided, the
board, if it deem deems it necessary to
incur such the bonded indebtedness,
shall by a resolution so declare and state the purpose for which the
proposed debt is to be incurred, whether or not the whole of the
district is to be benefited thereby or only a portion thereof, and if
only a portion thereof a description of such
the portion sufficient for identification and the designation
thereof, all in accordance with the determination of the board as
expressed in its previous resolution, the amount of the debt to be
incurred, the maximum term the bonds to be issued shall run before
maturity, which shall not exceed 40 years, and the amount or rate of
interest to be paid, which shall not exceed 5 percent, payable
annually or semiannually, and the proposition to be submitted to the
voters of the district or of the improvement district, as the case
may be.
The board shall fix a date upon which an election shall be held
for the purpose of authorizing said the
bonded indebtedness to
be incurred, and shall provide for the holding of
such the special election on the date so fixed.
Such The special election may be held
concurrently with a general district election. Such
The special election shall be called and held in
accordance with the provisions of Section 24 hereof
Chapter 4 (commencing with Section 21925) of Part 4 of
Division 11 of the Water Code insofar as the same may be
applicable , but in addition to the matters and things
required to be set forth in the proclamation therein provided for,
such proclamation shall likewise contain a copy of the resolution
declaring the necessity to incur such bonded indebtedness hereinabove
referred to . The returns of the election shall be made to
and the votes canvassed by the board on the first Tuesday which is
six or more days after the election, and the results of the election
shall be ascertained and declared in accordance with the
provisions of Section 24 hereof Chapter 4 (commencing
with Section 21925) of Part 4 of Division 11 of the Water Code
. As soon as the result is declared, the secretary shall enter in
the records of the board his statement of the result. No
Any irregularity or informality in the conduct
of the election shall not invalidate the election if
fairly conducted.
If from such returns it appears from the
returns that more than two-thirds of the votes cast as
such at the election were in favor of incurring
the indebtedness, the board may be resolution at such time or times
as it deems proper provide for the form and execution of
such the bonds and for the issuance of any part
thereof and may sell or dispose of the bonds so issued at
such times that time and in such
manner as the board deems to be to the public interest.
