Amended in Senate April 9, 2013

Senate Bill No. 184

Introduced by Committee on Governance and Finance (Senators Wolk (Chair), Beall, DeSaulnier, Emmerson, Hernandez, Knight, and Liu)

February 6, 2013

An act to amend Sections begin insert 12419.8, 12419.10, 41802, 41803, 41805, end insert 53243.4, begin insert 53395.1, 53395.2, 53395.10, 53395.13, 53395.14, 53395.17, 53395.85, 53396, 53890, end insert 66442.5, and 66449 of the Government Code, to amend Section 9002 of the Health and Safety Code, begin delete and end delete to amend Section 32556 of begin insert , and to repeal Sections 9973, 9974, 9975, 9976, 9977, and 9978 of, end insert the Public Resources Code, begin insert and to amend Section 36622 of the Streets and Highways Code, end insert relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 184, as amended, Committee on Governance and Finance. Local government: omnibus bill.

(1) 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) 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 begin delete a end delete begin insert an end insert 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) 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.

(4) 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.

begin insert

(5) 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.

end insert begin insert

This bill would expand these provisions to apply to amounts due to special districts, in addition to amounts due to cities and counties.

end insert begin insert

(6) 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.

end insert begin insert

This bill would remove these provisions.

end insert begin insert

(7) 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.

end insert begin insert

This bill would remove this provision.

end insert begin insert

(8) This bill would also make technical, nonsubstantive, and conforming changes to provisions relating to local government.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 12419.8 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

12419.8.  

(a) The Controller may, in his or her discretion, offset
any amount due a begin delete city or county end delete begin insert city, county, or special district end insert
from a person or entity pursuant to paragraph (1), (2), or (4) of
subdivision (c), and shall, at the request of the begin delete city or county, end delete begin insert city,
county, or special district, end insert offset any amount due a begin delete city or county end delete
begin insert city, county, or special district end insert 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 begin delete city or county end delete begin insert city, county, or special district end insert
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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12419.10 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin delete city or county end delete begin insert city, county, or special district end insert
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 begin delete of, end delete begin insert of end insert Part A begin delete (Aid to
Families with Dependent Children), end delete begin insert (Block Grants to States for
Temporary Assistance for Needy Families) end insert 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 Lottery Commission.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 41802 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

41802.  

begin delete He end delete begin insert The city attorney end insert shall frame begin delete all ordinances and
resolutions end delete begin insert an ordinance or resolution end insert required by the legislative
body.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 41803 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

41803.  

begin delete He end delete begin insert The city attorney end insert shall perform other legal services
required from time to time by the legislative body.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 41805 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

41805.  

(a)  begin delete No end delete begin insert A end insert city attorney who does not, in fact, exercise
prosecutorial responsibilities on behalf of the city or cities by which
he begin insert or she end insert is employed shall begin insert not end insert 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 begin insert or she end insert is employed, provided that:

(1) The city or cities by which begin delete he end delete begin insert the city attorney end insert is employed
expressly relieve begin delete him end delete begin insert the city attorney end insert 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 begin insert or
her end insert attorney’s position as a city attorney.

(b) Where the above provisions are met, begin delete no end delete partner or associate
of a city attorney shall begin insert not end insert 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 begin insert or her end insert 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.

begin delete SEC. 2. end delete
begin insert SEC. 7. end insert   

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.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 53395.1 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin delete city, a county, end delete begin insert city end insert 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 begin insert or county end insert 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.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 53395.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin delete 53397), end delete
begin insert 53397.1), end insert 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 begin delete city. end delete begin insert city or county. end insert

(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.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 53395.10 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

53395.10.  

A legislative body of a city begin insert or county end insert 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 begin insert or
county end insert 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.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 53395.13 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

53395.13.  

After adopting the resolution pursuant to Section
53395.10, the legislative body shall designate and direct the city
begin insert or county end insert engineer or other appropriate official to prepare an
infrastructure plan pursuant to Section 53395.14.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 53395.14 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin insert or county end insert 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 begin insert or county end insert 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 begin insert or county end insert 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 begin insert or county end insert 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.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 53395.17 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin insert or county end insert 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.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 53395.85 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

53395.85.  

If a city begin insert or county end insert 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 begin insert or county end insert 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.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 53396 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin insert or county end insert 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.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 53890 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

53890.  

As used in this article, “local agency” means any city,
county, begin insert and end insert any begin delete district, and any community redevelopment agency end delete
begin insert district end insert required to furnish financial reports pursuant to Section
12463.1 or 12463.3.

begin delete SEC. 3. end delete
begin insert SEC. 17. end insert   

Section 66442.5 of the Government Code is amended
to read:

66442.5.  

The following statements shall appear on a final map:

begin insert end insert

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)
begin delete (b) end delete begin delete   end delete Recorder’s certificate or statement.  Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____, at page ____, at the request of ________.
Signed
	County Recorder

 

begin delete SEC. 4. end delete
begin insert SEC. 18. end insert   

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)
begin delete (b) end delete begin delete   end delete Recorder’s certificate or statement.  Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____, at page ____, at the request of ________.
Signed
	County Recorder

 

begin delete SEC. 5. end delete
begin insert SEC. 19. end insert   

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.

begin insert

begin insert SEC. 20 end insert begin insert . end insert   

end insert

begin insert Section 9973 of the end insert begin insert Public Resources Code end insert begin insert is
repealed. end insert

begin delete

9973.  

The district shall consist of three divisions, conforming
generally to the major natural resource areas of the county, as
follows:

(a) Division 1 (Northern): the Ojai Division, generally
coextensive with the boundaries of the predecessor Ojai Resource
Conservation District.

(b) Division 2 (Central): Santa Clara Valley Division,
comprising the area generally embracing the Santa Clara River
Watershed.

(c) Division 3 (Southern): South Ventura County Division,
conforming generally with the boundaries of the predecessor South
Ventura County Resource Conservation District.

end delete

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 9974 of the end insert begin insert Public Resources Code end insert begin insert is
repealed. end insert

begin delete

9974.  

(a) Within 60 days after the initial organization meeting
of the board of directors of the district, a description and map of
the district showing recommended division boundaries thereof
shall be adopted by the board of directors with a resolution
petitioning the Board of Supervisors of the County of Ventura to
review and approve such boundaries.

(b) Within 30 days after receipt of the petition, the board of
supervisors shall refer the request to the local agency formation
commission for recommendations and report.

(c) Within 30 days after receipt of the request from the board
of supervisors, the local agency formation commission shall
conduct a noticed public hearing at which any interested person
may appear and present testimony relative to the proposed
boundaries.

(d) Within 30 days after the hearing, the local agency formation
commission shall submit its boundary recommendations to the
board of supervisors.

(e) Within 30 days after receipt of the commission’s boundary
recommendations, the board of supervisors shall conduct a noticed
public hearing to consider the recommendations. If the board of
supervisors approves the boundaries as recommended, it shall
certify the boundaries by resolution and file a copy with the board
of directors of the district.

(f) Once certified by the board of supervisors, boundaries of a
division may be modified pursuant to the procedures for their initial
certification, as provided in this chapter.

end delete

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 9975 of the end insert begin insert Public Resources Code end insert begin insert is
repealed. end insert

begin delete

9975.  

(a) Notwithstanding subdivision (b) of Section 9183 or
Sections 9241 and 9242, the board of directors of the district shall
be composed of nine persons initially appointed by the Board of
Supervisors of the County of Ventura, with three directors
appointed to represent each division.

(b)  A director shall be an owner of land, or a designated agent
of an owner of land, within the territory included in the division
of the district he or she will represent. An agent of a landowner
shall reside within the territory included in the division of the
district he or she will represent.

(c) Notwithstanding any other law, at the first regular meeting
of the board of directors of the district after January 1, 1989, the
directors shall classify themselves into two classes. One class shall
have four members and the other class shall have five members.
The term of office of those in the class having four members shall
expire at noon on the last Friday in November 1990. The term of
office of those in the class having five members shall expire at
noon on the last Friday in November 1992. The board of directors
shall arrange the classification so that not more than two directors
from any division are in one class.

end delete

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 9976 of the end insert begin insert Public Resources Code end insert begin insert is
repealed. end insert

begin delete

9976.  

Upon the expiration of the terms of office of directors
pursuant to Section 9975, their successors shall be elected in the
manner provided in Article 8 (commencing with Section 9351) of
Chapter 3. Directors shall be nominated by divisions and elected
at large. After the expiration of a term of office, a director shall
continue to hold office and serve until his or her successor has
qualified.

end delete

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 9977 of the end insert begin insert Public Resources Code end insert begin insert is
repealed. end insert

begin delete

9977.  

At least 125 days prior to the day fixed for the general
district election, the secretary of the district shall deliver to the
county elections official a map and description of the boundaries
of the divisions from which directors shall be nominated. The
number designated shall equal the number of directors to be elected
at that election as determined in accordance with subdivision (d)
of Section 9975.

end delete

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 9978 of the end insert begin insert Public Resources Code end insert begin insert is
repealed. end insert

begin delete

9978.  

Five directors shall constitute a quorum for the conduct
of the business of the board of directors of the district.

end delete

begin delete SEC. 6. end delete
begin insert SEC. 26. end insert   

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.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 36622 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

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.
begin delete 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. end delete

(l) Any other item or matter required to be incorporated therein
by the city council.