BILL NUMBER: SB 184 AMENDED
BILL TEXT
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 Sections 12419.8, 12419.10, 41802, 41803,
41805, 53243.4, 53395.1, 53395.2, 53395.10, 53395.13,
53395.14, 53395.17, 53395.85, 53396, 53890, 66442.5, and 66449
of the Government Code, to amend Section 9002 of the Health and
Safety Code, and 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, 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 a 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) 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.
(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.
This bill would expand these provisions to apply to amounts due to
special districts, in addition to amounts due to cities and
counties.
(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.
This bill would remove these provisions.
(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.
This bill would remove this provision.
(8) This bill would also make technical, nonsubstantive, and
conforming changes to provisions relating to local government.
Vote: majority. Appropriation: no. Fiscal committee: no
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. 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 or county 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 or county, city, county,
or special district, offset any amount due a city or
county 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 or county 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 or county 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, of Part A
(Aid to Families with Dependent Children), (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 Lottery Commission.
SEC. 4. Section 41802 of the Government
Code is amended to read:
41802. He The city attorney shall
frame all ordinances and resolutions an
ordinance or resolution required by the legislative body.
SEC. 5. Section 41803 of the Government
Code is amended to read:
41803. He 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) No 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 he the
city attorney is employed expressly relieve him
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, no
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. 2. 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, a county, 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),
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. 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, and any community
redevelopment agency district required to
furnish financial reports pursuant to Section 12463.1 or 12463.3.
SEC. 3. 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)
(b) 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. 4. 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)
(b) 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. 5. 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.
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.
SEC. 21. Section 9974 of the Public
Resources Code is repealed.
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.
SEC. 22. Section 9975 of the Public
Resources Code is repealed.
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.
SEC. 23. Section 9976 of the Public
Resources Code is repealed.
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.
SEC. 24. Section 9977 of the Public
Resources Code is repealed.
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.
SEC. 25. Section 9978 of the Public
Resources Code is repealed.
9978. Five directors shall constitute a quorum for the conduct of
the business of the board of directors of the district.
SEC. 6. 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. The plan may provide that all or any class or
category of real property which is exempt by law from real property
taxation may nevertheless be included within the boundaries of the
district but shall not be subject to assessment on real property.
( l ) Any other item or matter required to be
incorporated therein by the city council.