BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 184
          Author:   Senate Governance and Finance Committee
          Amended:  8/8/13
          Vote:     21

           
           SENATE GOVERNANCE & FINANCE COMMITTEE  : 7-0, 04/17/13
          AYES: Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  35-0, 5/2/13 (Consent)  
          AYES:  Anderson, Beall, Berryhill, Block, Calderon, Cannella,  
            Corbett, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines,  
            Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,  
            Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla,  
            Pavley, Price, Roth, Steinberg, Wright, Wyland, Yee
          NO VOTE RECORDED:  Correa, Walters, Wolk, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  77-0, 8/19/13 - See last page for vote


           SUBJECT  :    Local government:  omnibus bill

           SOURCE  :     Author


           DIGEST  :    This bill, the Local Government Omnibus Act of 2013,  
          proposes 13 non-controversial changes to state laws governing  
          local governments' powers and duties.

           Assembly Amendments  add four more non-controversial changes and  
          make clarifying and technical changes.
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           ANALYSIS  :    Each year, local officials discover problems with  
          the state statutes that affect counties, cities, special  
          districts, and redevelopment agencies, as well as the laws on  
          land use planning and development.  These minor problems do not  
          warrant separate (and expensive) bills.  According to the  
          Legislative Analyst, in 2001-02 the cost of producing a bill was  
          $17,890.

          Legislators respond by combining several of these minor topics  
          into an annual "omnibus bill."  In 2012, for example, the local  
          government omnibus bill was SB 1090 (Senate Governance and  
          Finance Committee, Chapter 330) which contained 12  
          noncontroversial statutory changes, avoiding about $200,000 in  
          legislative costs.  Although this practice may violate a strict  
          interpretation of the single-subject and germaneness rules as  
          presented in Californians for an Open Primary v. McPherson  
          (2006), it is an expeditious and relatively inexpensive way to  
          respond to multiple requests.

          This bill, the "Local Government Omnibus Act of 2013," proposes  
          the following changes to the state laws affecting local  
          agencies' powers and duties:

           Subdivided Lands Act clarification  .  Existing law requires any  
          person who intends to sell or lease subdivided lands to file  
          with the Department of Real Estate an application for a public  
          subdivision report making various disclosures relevant to the  
          sale or lease of the property.  Existing law also specifies that  
          a person who intends to sell or lease subdivided lands is not  
          required to file a notice of intention with the Department if  
          the proposed offering of subdivided land satisfies specified  
          criteria.  Among the criteria is a requirement that each lot,  
          parcel or unit of the subdivision must be sold or offered for  
          sale improved with a completed residential structure and with  
          all other improvements completed that are necessary to  
          occupancy.  According to the author, practitioners note that a  
          bulletin issued by the Department of Real Estate in 1981  
          clarified that a subdivider who intends to sell lots with  
          residential dwellings could enter into contracts to sell the  
          lots with residences before construction is complete. 

          This bill clarifies that a lot, parcel or unit satisfies the  
          requirement that it be improved with a completed residential  

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          structure if it is improved with a completed residential  
          structure at the time it is conveyed by the subdivider. 

           Facsimile signatures on recorded government liens  .  A county  
          recorder must accept for recordation any document that is  
          authorized or required by law to be recorded. With some  
          exceptions, current law generally requires that each instrument,  
          paper, or notice must contain an original signature or be a  
          certified copy of the original.  However, existing law allows a  
          county recorder to accept facsimile signatures on liens recorded  
          by government agencies that have officially adopted those  
          signatures.  According to the author, Napa County's Recorder  
          notes that ambiguity in current statutory language creates  
          confusion about how agencies should submit facsimile signatures  
          to county recorders. 

          This bill clarifies that a government agency must provide an  
          officially adopted facsimile signature to a county recorder by  
          letter and that a facsimile signature remains valid until the  
          governmental agency notifies the county recorder that the  
          facsimile signature is revoked. 
           
          State collection of debts owed to special districts  .  If a  
          person or entity owes money to a city, county, or court that  
          city, county or court can request that the Controller withhold  
          money that the person or entity would otherwise receive from a  
          personal income tax refund, corporate income tax refund, sales  
          tax refund, state lottery winnings, or a claim for payment of  
          money from unclaimed property held by the state (Government Code  
          Section 12419.8).  The Controller can withhold money only when  
          the debt:

           Has been reduced to a judgment,
           Is contained in a court order,
           Is from a bench warrant for a fine, penalty, or assessment, or
           Is a lien for delinquent unsecured property taxes.

          Special districts can only ask the Controller to withhold money  
          from tax refunds, lottery winnings, or unclaimed property  
          payments to collect debts from unpaid bridge tolls,  
          high-occupancy toll lane fees, or other charges on account of  
          nonpayment of bridge toll or high occupancy toll lane fees  
          (Government Code Section 12419.12, enacted by AB 1175,  
          Torlakson, Chapter 515, Statutes of 2009).  California Special  

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          Districts Association staff notes that special districts could  
          benefit from the same revenue collection efficiency that  
          benefits cities and counties when they ask the Controller to  
          collect debts by withholding state payments.

          This bill expands special districts' existing authority to use  
          the Controller's debt collection program, giving special  
          districts the same statutory authority that cities, counties and  
          courts have to request that the Controller withhold state  
          payments to collect debts.

           Recording requirements for Mills Act contracts  .  The Mills Act  
          authorizes property owners and local officials to preserve  
          historical properties with voluntary contracts that restrict the  
          use of qualified historical properties in historic zones, and  
          reduced property tax assessments for the contracted properties,  
          based on statutory formulas instead of their acquisition prices.  


          AB 654 (Hueso, Chapter 278, Statutes of 2011) repealed language  
          requiring property owners to send copies of their historical  
          property preservation contracts to the State Office of  
          Historical Preservation.  AB 654 replaced the repealed language  
          with a requirement that a property owner must, within six months  
          of entering into a contract, record the contract with the county  
          where the property is located.  Other statutory language that  
          was enacted as part of the original Mills Act already requires  
          the clerk of a city council or board of supervisors, no later  
          than 20 days after a city or county enters into a contract with  
          a property owner, to record a copy of the contract with the  
          county recorder.  

          This bill repeals the duplicative requirement that a property  
          owner must record a Mills Act contract, leaving in place the  
          long-standing requirement that city or county officials must  
          record a contract within 20 days of entering into the contract. 

           Gender-neutral references to city attorneys  .  Some statutes that  
          govern city attorneys have not been amended for many decades and  
          use the masculine pronouns "he" and "him" to refer to a city  
          attorney (Government Code Section 41802, Section 41803, and  
          Section 41805).  The League of California Cities' General  
          Counsel notes that this gender-specific language does not  
          conform to current usage.

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          This bill replaces outdated references to "he" and "him" with  
          the gender-neutral term "the city attorney."  

           "Abuse of office" definition  .  State law requires a local  
          agency's employment contracts to contain a provision to  
          reimburse the local agency for specified salary, legal, and  
          settlement costs if an employee is convicted of a crime  
          involving an abuse of his/her office or position (AB 1344,  
          Feuer, Chapter 692, Statutes of 2011).  For the purposes of this  
          requirement, Government Code Section 53243.4 defines "abuse of  
          office" as either:

           An abuse of public authority, including, but not limited to,  
            waste, fraud, and violation of the law under color of  
            authority.
           A crime against public justice, including, but not limited to,  
            a crime described in Title 5 (commencing with Section 67) or  
            Title 7 (commencing with Section 92) of Part 1 of the Penal  
            Code.

          The Local Government Omnibus Act of 2012 (SB 1090, Senate  
          Governance and Finance Committee, Chapter 330) added the  
          cross-reference to Title 5 of the Penal Code.  Assembly Local  
          Government Committee staff notes that the current definition  
          excludes important crimes that are contained in Title 6 of the  
          Penal Code.

          This bill adds a cross-reference to Title 6 of the Penal Code to  
          more accurately define the phrase "abuse of office."

           Counties and Infrastructure Financing Districts  .  Cities and  
          counties can create Infrastructure Financing Districts (IFDs)  
          and issue bonds to pay for community scale public works:  
          highways, transit, water systems, sewer projects, flood control,  
          child care facilities, libraries, parks, and solid waste  
          facilities.  To repay the bonds, IFDs divert property tax  
          increment revenues from other local governments, but not  
          schools, for 30 years.  California State Association of Counties  
          staff notes that the statutes governing IFDs only use the term  
          "city" because "city" is defined, for the purposes of the IFD  
          statutes, as including a county and a city and county.  The  
          exclusive use of the term "city" throughout the IFD statutes may  
          mislead some readers into thinking that counties are not  

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          authorized to use IFDs.

          This bill removes counties from the definition of a city and  
          inserts the term "county" throughout the statutes governing  
          IFDs.

           Subdivision Map Act Update .  The Subdivision Map Act (Government  
          Code Section 66410, et seq.) controls how local officials  
          approve the division of property into smaller parcels.  To  
          approve a major subdivision, local officials approve a  
          "tentative map," the subdivider fulfills the conditions, and  
          then local officials issue the "final map."  For a minor  
          subdivision ("lot split"), the local officials approve and issue  
          a final "parcel map."  When the county surveyor or city engineer  
          approves a parcel map, he/she must sign the map, indicate  
          his/her registration number, and stamp the map with his/her seal  
          (Government Code Section 66450 [a]).  When the county surveyor  
          or city engineer approves a final map, he/she must sign the map  
          and indicate his/her registration number, and stamp the map with  
          his/her seal.  Additionally, state law requires the licensed  
          professional who prepared a parcel map or final map to include a  
          specified statement on the map.  The California Land Surveyor's  
          Association wants this statement to provide additional  
          information about the timing of a map's completion and the  
          identification of the licensee who prepared a map.

          This bill amends Government Code Sections 66442.5 and 66449 to  
          provide more complete information of the licensee who prepared a  
          map by including the "date signed" and the actual "seal" of the  
          licensee.

           Subdivision Map Act Correction  .  The Subdivision Map Act  
          controls how counties and cities approve requests to convert  
          large properties into marketable parcels.  When a major  
          subdivision creates five or more parcels, current law requires a  
          two-stage process involving both a tentative map and a final  
          map.  A minor subdivision with fewer parcels needs only a parcel  
          map, but local officials can require a tentative parcel map and  
          a final parcel map.  Counting the number of parcels determines  
          if a proposed subdivision is a major subdivision or a minor  
          subdivision.  The Map Act excludes certain types of divisions  
          when counting parcels.  To address inconsistent statutory  
          language, SB 194, (Senate Governance & Finance Committee,  
          Chapter 382, Statutes of 2011) amended a section of the  

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          Subdivision Map Act that excluded land conveyed to or from a  
          government agency, public entity, public utility, or land  
          conveyed to a subsidiary of a public utility for conveyance to  
          the public utility from being counted as a parcel. County  
          officials found that SB 194 inadvertently eliminated the  
          statute's frequently-used exemption for specified real property  
          transactions involving local governments and public utilities. 

          This bill repeals the changes made by SB 194 and restores the  
          exact wording of the statute as it read before January 1, 2012. 

           Public Cemetery District Law's Definition of "Family Member.  "   
          In 2003, the Legislature modernized and recodified the Public  
          Cemetery District Law, which governs California's 250 cemetery  
          districts (Health & Safety Code 9000, et seq., recodified by SB  
          341, Senate Local Government Committee, Chapter 57, Statutes of  
          2003).  The Public Cemetery District Law defines the term  
          "family member" as:  any spouse, by marriage or otherwise, 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.

          State law establishes a statewide domestic partnership registry  
          (AB 26, Migden, Chapter 588, Statutes of 1999) and requires that  
          registered domestic partners have the same rights, protections,  
          and benefits as are granted to spouses (AB 205, Goldberg,  
          Chapter 421, Statutes of 2003).  Cemetery District officials  
          note that the Public Cemetery District Law's definition of  
          "family member" omits domestic partners.

          This bill clarifies that a domestic partner is included in the  
          Public Cemetery District Law's definition of "family member."

           Ventura Resource Conservation District's Board of Directors  .   
          The 98 resource conservation districts (RCDs) in California  
          conserve soil and water, control runoff, stabilize soil, protect  
          water quality, reclaim water, and develop water storage  
          facilities and distribution systems.  RCDs are governed by  
          five-, seven-, or nine-member boards. The number of directors  
          may be changed by resolution adopted by a majority of the  
          members of the board of directors.  The special act governing  
          the Ventura County Resource Conservation District splits the  

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          District into three divisions and requires that three members of  
          the board of directors must be elected from each division. 

          This bill eliminates the District's three divisions and reduces  
          the size of the governing board to seven directors who are  
          elected at-large which will allow the District to follow general  
          current laws that govern the size and election of a resource  
          conservation district's board of directors. 

           Baldwin Hills Conservancy Governing Board  .  Existing law  
          establishes the Baldwin Hills Conservancy to acquire and manage  
          public lands within the Baldwin Hills area, and to provide  
          recreational, open space, wildlife habitat restoration and  
          protection, and lands for educational uses within the area. The  
          Conservancy's governing board consists of 13 voting members and  
          seven nonvoting members. One of the voting members is the member  
          of the Los Angeles County Board of Supervisors whose district  
          the majority of the Baldwin Hills area is located within. Some  
          of the Board's voting members, including the Secretary of the  
          Resources Agency, the Director of Parks and Recreation, the  
          Director of Finance, and the Director of the Los Angeles County  
          Department of Parks can name a designee to sit on the board. The  
          Los Angeles county supervisor who sits on the Conservancy's  
          board is not authorized to name a designee to sit on the board. 

          This bill authorizes the Los Angeles County supervisor who sits  
          as a voting member of the Baldwin Hills Conservancy's governing  
          board to name a designee to sit on the board. 

           Property and Business Improvement District Assessments on  
          Tax-Exempt Property  .  Proposition 218 (1996) requires owners of  
          real property to approve benefit assessments in a weighted  
          ballot protest proceeding; property owners vote in proportion to  
          their proposed assessments, which reflect how much their  
          property benefits from the proposed public works or public  
          services. The Property and Business Improvement District Law of  
          1994 allows property owners to petition a city or county to set  
          up an improvement district (PBID) and levy assessments on  
          property owners, business owners, or both, to pay for certain  
          improvements and activities. Current law allows a PBID's  
          management plan to provide that "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." According to the author,  

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          practitioners that work with PBIDs note that this language is  
          ambiguous and appears to conflict with Proposition 218's special  
          benefit requirements by allowing tax-exempt parcels that benefit  
          from PBID activities and improvements to be excluded from the  
          assessment. 

          This bill deletes the ambiguous language in the Property and  
          Business Improvement District Law that conflicts with  
          Proposition 218. 

           Kings River Conservation District's elections  .  The Kings River  
          Conservation District (Fresno County) is a special district  
          established by a special act that provides flood control, water  
          resource management, and power generation services. The District  
          is governed by a seven-member elected board of directors. SB  
          1090 (Governance & Finance Committee, Chapter 330, Statutes of  
          2012) included amendments to the District's statutes governing  
          its board elections and inadvertently reenacted some antiquated  
          statutory language that had been repealed by AB 1892 (Porter,  
          1965).  According to the author, district officials want to  
          repeal the statute that contains the outdated language and add  
          some cross-references to more modern statutes governing district  
          elections. 

          This bill repeals outdated statutory language relating to the  
          King's River Conservation District's elections, requires the  
          District's board to fill board vacancies pursuant to a specified  
          section of the Government Code, and specifies that the  
          District's elections to approve bonded indebtedness must be  
          conducted pursuant to the statutes that govern irrigation  
          districts' bond elections. 

           Comments
           
          This bill compiles 13 noncontroversial changes to state laws  
          affecting local agencies and land use into a single bill.   
          Sending a bill through the legislative process costs around  
          $18,000.  By avoiding eight other bills, the Committee's measure  
          avoids over $140,000 in legislative costs.  Although the  
          practice may violate a strict interpretation of the  
          single-subject and germaneness rules, the Committee insists on a  
          very public review of each item.  More than 100 public  
          officials, trade groups, lobbyists, and legislative staffers see  
          each proposal before it goes into the Committee's bill.  Should  

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          any item in this bill attract opposition, the Committee will  
          delete it.  In this transparent process, there is no hidden  
          agenda.  If it's not consensus, it's not omnibus.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/20/13)

          California Association of Public Cemeteries
          California Land Surveyors Association
          California Special Districts Association
          California State Association of Counties
          Civitas Advisors, Inc.
          County of Los Angeles
          County Recorders Association of California
          Kings River Conservation District
          Napa County Recorder, John Tuteur

           ASSEMBLY FLOOR  :  77-0, 8/19/13
           AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,  
            Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell,  
            Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,  
            Perea, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NO VOTE RECORDED: V. Manuel Pérez, Vacancy, Vacancy


          AB:nl  8/21/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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