Amended in Assembly August 8, 2013

Amended in Assembly June 10, 2013

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 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, 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, 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.

(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.

(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.

(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.

(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.

(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 begin delete or end delete begin insert , end insert county begin insert , or court end insert 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 begin delete and end delete begin insert , end insert counties begin insert , and courts end insert .

(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.

(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.

(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.

(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 begin insert , end insert 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.

begin delete

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.

end delete

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. Neither the Controller nor the
Franchise Tax Board shall condition a request for offset on the
submission of a person’s social security number. If sufficient funds
are not 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, begin delete or end delete begin insert city and county, end insert court begin insert , 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) If necessary to confirm the identity of a person before
making an offset, the Franchise Tax Board may, upon paying any
necessary fees, obtain a social security number from the
Department of Motor Vehicles, as authorized by subdivision (f)
of Section 1653.5 of the Vehicle Code.

(e) Notwithstanding Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1, or any other law, the social security
number of a 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 an unpaid vehicle parking penalty or an 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 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. The officially adopted facsimile
signature shall be provided to the county recorder 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.

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 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) 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,
unless a showing is made in individual cases, upon substantial
evidence, that public policy necessitates a parcel map. For purposes
of this subdivision, 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 begin delete 1931 end delete begin insert 931 end insert 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 in accordance with Section 1780 of the Government Code.
Before entering upon the duties of his begin insert or her end insert 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 begin insert , end insert 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. 31.  

Section 29 of the Kings River Conservation District
Act (Chapter begin delete 1931 end delete begin insert 931 end insert 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 that resolution the purpose for which the proposed
debt is to be incurred, the amount thereof, and 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 the purpose, and if only a portion thereof will
be so benefited, what portion thereof will be so benefited. Notice
of the hearing shall thereupon be given by the secretary by
publication of a copy of 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. The copy of the resolution published shall be
accompanied by a notice subscribed by the secretary to the effect
that the hearing referred to in the resolution will be held at the time
and place specified in the resolution and that any person interested,
including all persons owning property in the district, will be heard
upon the question stated in the resolution.

At the time and place fixed in the resolution for the hearing or
at this time and place to which 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 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 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 the improvement district and for the purpose of
taxation for the payment of the bonds and interest, shall be limited
and apply only to the improvement district. The determination of
the board on this question shall be final and conclusive.

If the board by 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 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 the hearing any person owning land in said improvement
district may file written protest to the incurring of the proposed
bonded indebtedness by the improvement district, and at the time
and place fixed any person interested may appear and be heard on
the question of whether the bonded indebtedness should be incurred
by the improvement district. If at or prior to the adjourned hearing
written objections to the incurring of the proposed bonded
indebtedness by the improvement district, signed by the owners
of the majority of the acreage of land within 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 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 deems
it necessary to incur 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 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 the bonded indebtedness to be
incurred, and shall provide for the holding of the special election
on the date so fixed. The special election may be held concurrently
with a general district election. The special election shall be called
and held in accordance with Chapter 4 (commencing with Section
21925) of Part 4 of Division 11 of the Water Code insofar as the
same may be applicable. 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 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 begin insert or her end insert statement of the result.
Any irregularity or informality in the conduct of the election shall
not invalidate the election if fairly conducted.

If it appears from the returns that more than two-thirds of the
votes cast at the election were in favor of incurring the
indebtedness, the board may begin delete be end delete begin insert , by end insert resolution at such time or times
as it deems proper begin insert , end insert provide for the form and execution of the bonds
and for the issuance of any part thereof and may sell or dispose of
the bonds so issued at that time and manner as the board deems to
be to the public interest.