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HomeMy WebLinkAboutMINUTES - 05141996 - C27 C, ;7 TO: BOARD OF SUPERVISORS Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR o '� _ ';'s Costa x� -;..;.:-:.-.- County '9 C'�,. DATE: May 6, 1996 rrgT61f_ LEGISLATION: CO-SPONSOR AB 3472 (ASSEMBLY LOCAL SUBJECT. GOVERNMENT COMMITTEE) -OMNIBUS LOCAL GOVERNMENT ACT OF 1996 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AGREE to CO-SPONSOR AB 3472 by the Assembly Local Government Committee, which contains one proposal submitted by Contra Costa County, to require that ballots for reclamation district elections be forwarded to the County Clerk, rather than to the Clerk of the Board of Supervisors. BACKGROUND: The 1996 Legislative Program approved by the Board of Supervisors includes a proposal submitted by the Clerk of the Board of Supervisors. Under current law, the ballots and other election materials for all elections are the property of the County Clerk or other elections official. The exception to this is reclamation district elections where the law, for some inexplicable reason, requires that the ballots be forwarded to the Clerk of the Board of Supervisors for storage. Since the Clerk of the Board stores no other election ballots and has no special facilities for this storage, it was suggested that the law pertaining to reclamation district elections be made parallel to other elections. The Assembly Local Government Committee generally authors a local government clean-up bill each year. The Committee has agreed to include the provision pertaining to reclamation district election in the 1996 local government clean-up bill, AB 3472. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 14, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 14 , 1996 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: SUP ORS AND COUNTY ADMINISTRATOR See Page 2 BY UTY Therefore, it is recommended that the Board of Supervisors agree to co-sponsor AB 3472 as long as it continues to include the provision described above regarding reclamation district elections. cc: County Administrator County Clerk-Recorder Chief Clerk, Board of Supervisors The Honorable Richard K. Rainey, Chairman Assembly Local Government Committee Room 4139, State Capitol Sacramento, CA 95814 Les Spahnn; Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 -2- CALIFORNIA LEGISLATURE--1995-96 REGULAR SESSION ASSEMBLY BILL No. 3472 Introduced by Committee on Local Government (Assembly Members- Rainey (Chairman), Ackerman, Granlund, Hannigan, Kuykendall, Margett, Kevin Murray, Napolitano, Setencich, and Sweeney) March 5, 1996 An act to amend Sections 8762 and 8771 of the Business and Professions Code, to amend Section 17850 of the Education Code, to amend Sections 26907, 27279, 65361, 66416.5, and 66417 of, to amend and renumber Sections 12035 and 12036 of, and to repeal Sections 12037, 12038, and 66452.7 of, the Government Code, to amend Sections 40275, 41210, and 41220 of the Health and Safety Code, to amend Sections 8813, 8813.1, 8813.2, 8815.2, and 8815.3 of the Public Resources Code, and to amend Section 50752 of the Water Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 3472, as introduced, Committee on ' Local Government Local government. Existing law provides that, after making a survey in conformity with the practice of land surveying, the surveyor or civil engineer may file with the county surveyor in the county in which the survey was made, a record of the survey and, requires that a record of the survey relating to land boundaries or property lines shall be filed if the survey discloses any of specified conditions. 99 AB 3472 — 2 — This bill would instead make these provisions applicable to field surveys, as'specified. Existing law relating to the practice of land surveying specifies standards for the use of monuments in surveys. This bill would revise those standards as specified. Existing law requires a school district, upon the approval by its governing board to proceed with. the issuance of certificates of participation 'revenue bonds, to notify the county superintendent of schools and the county auditor. This bill would delete the requirement of notification of the county auditor and would make related changes. Existing law designates the Office of Intergovernmental Management as the clearinghouse for specified information from the Federal Bureau of the Budget, requires that office to be the clearinghouse for requests from cities and counties, that appropriate state agencies evaluate the environmental impact of any proposed subdivision or land project, and requires the office, upon request by a city or county, to arrange for technical assistance from state agencies in connection with the evaluation of proposed subdivision maps. This bill would rename ame the office the State Clearinghouse and delete . the duties relating to the evaluation of . the environmental impact of proposed subdivisions and land projects and to the evaluation of subdivision map acts; as described above. Existing law provides that the county auditor may destroy certain claims, warrants, and vouchers that are more than 5 years old or at any time after the document has been recorded or reproduced if the copy is maintained for 5 years from the date of the document. The auditor may destroy an index or warrant register that is over 15 years old without reproducing it. This bill would permit the auditor to destroy an index or warrant register that is over 5 years old without reproducing it. Existing law requires the county recorder, upon the payment of proper fees and taxes to accept for recordation any instrument,paper, or notice that is authorized or required by law to be recorded if the instrument,paper, or notice meets 99 C� ;7- - 3 - - 3 — AB 3472 e to - ' specified requirements. Existing law defines "instrument" for • these laws relating to recordation. ,-ing This bill would authorize the county recorder to accept, in lieu of a written paper, for recording digitized images of recordable instruments if specified requirements are met. 1 by Existing law relating to local planning and land use requires of S the legislative body of each county and city to prepare and the adopt a comprehensive, long-term general plan for the physical development of the county or city. The Director of the Planning and Research may grant a reasonable extension of time not to exceed 2 years for the preparation and adoption atal ; of the general plan if the legislative body makes any of :ion specified findings. During the period of the extension the city Fice or county is not subject to certain requirements, including requirements of state law that its decisions be consistent with yes' those portions of the general plan for which an extension has .1tal ind been granted. This bill would delete the exemption from those state to I in requirements during the extension. The Subdivision Map Act, which generally regulates the tps. ..r rise j division of land for purposes of sale, lease, or finance, defines the i city engineer and county surveyor, which includes a county end engineer, for purposes of the act. This bill would provide that a city engineer -or county as engineer registered as a civil engineer after January 1, 1982, roy shall not be authorized to prepare, examine, or approve n 5 i surveying maps and documents but would specify that those ied acts shall only be performed by a person licensed as a the professional land surveyor or registered prior to January 1, or 1982, as a civil engineer. ing Existing law provides that the treasury of the Bay Area Air Quality Management District shall be in the custody of a county treasurer of a county included entirely within the bay or ing district and that this treasurer shall be the bay district treasurer. the This bill would delete the requirement that the county of ion that treasurer be included entirely within the district. red Existing law specifies that the boundaries of the Mojave •ets Desert Air Quality Management District include all of San Bernardino County not within the south coast district. I 99 99 I i I AB 3472 — 4 — This 4 — This bill would specify that the district also includes all of Riverside County not within the south coast district and would require the appointment of an additional public member to the district governing board, thereby imposing a state-mandated local program. Existing law provides that the system of plane, coordinates which has been established by the United States Coast and Geodetic Survey for defining and stating the positions or locations on points of the surface of the earth within the State of California is the California Coordinate System. This bill would make certain technical revisions in i provisions concerning that system. Existing law requires that the ballots for reclamation district elections be forwarded to the clerk of the board of supervisors. This bill would require that those ballots be forwarded to f the county clerk instead. The California Constitution requires the state to reimburse local agencies and school districts,for certain costs mandated by .the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made i pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows. 1 SECTION 1. This act shall be known and may be cited 2 as the Omnibus Local Government Act of 1996. 3 The Legislature finds and declares that operating costs 4 can be decreased by reducing the number. of separate 5 bills affecting related topics by consolidating these bills ' 6 into a single measure. Therefore, in enacting this act, it is 7 the intent of the Legislature to consolidate minor, 99 i i f - 5 — AB 3472 all of 1 noncontroversial statutory changes relating to public lould 2 agencies into a single measure. er to 3 SEC. 2. Section 8762 of the Business and Professions g a 4 Code is amended to read: 5 8762. After making a field survey in conformity with i.ates 6 the practice of land surveying, the surveyor or civil and 0 7 engineer may file with the county surveyor in the county 'is or 8 in which the survey was made, a record of the survey. 'state 9 After making a field survey in conformity with the 10 practice of land surveying, the licensed land surveyor or s in 11 registered civil engineer shall file with the county 12 surveyor in the county in which the field survey was made ;trict . 13 a record of the survey relating to land boundaries or .cors. 14 property lines, if the field survey discloses any of the A to 15 following: 16 (a) Material evidence or physical change, which in ,urse 17 whole or in part does not appear on any subdivision map, ated official map, or record of survey previously recorded or ; for 19 filed in the office of the county recorder or county ')tate 20 surveying department, or map or survey record tt do 21 maintained by the Bureau of Land Management of the for 22 United States. 23 (b) A material discrepancy with the information Itate 24 contained in any subdivision map, official map, or record d by 25 of survey previously recorded or filed in the office of the iade 26 county recorder or the county surveying department, or 27 any map or survey record maintained by the Bureau of yes. 28 Land Management of the United States. For purposes of 29 this subdivision, a "material discrepancy" is limited to a 30 material discrepancy in the position of points or lines, or MS., 31 in dimensions. 32 (c) Evidence that, by reasonable analysis, might result -ited 33 in materially alternate positions of lines or points, shown 34 on any subdivision map, official map, or record of survey %osts 35 previously recorded or filed in the office of the county rate 36 recorder or the county surveying department, or any bills 37 map or survey record maintained by the Bureau of Land it is 38 Management of the United States. nor., 39 (d) The representation or establishment of one or It 40 more points or lines not shown on any subdivision map, 99 99 AB 3472 — 6 — I 6 -1 official map, or record of survey, the positions of which ' 1 2 are not ascertainable from an inspection of the 2 3 subdivision map, official map, or record of survey withetit 3 4 eetlettlettieffi. 4 5 (e) The points or lines set during the performance of 5 6 afield survey of any parcel described in any deed or other 6 7 instrument of title recorded in the county recorder's 7 8 office are not shown on any subdivision map, official map, `` 8 9 or record of survey. 9 10 The record of survey required to be filed pursuant to 10 .11 this section shall be filed within 90 days after the setting 11 12 of boundary monuments during the performance of a 12 13 field survey or within 90 days after completion of a Feld 13 14 survey, whichever occurs first. 14 15 If the 90-day time limit contained in this section cannot . 15 16 be complied with for reasons beyond the control of the 16 17 licensed land surveyor or registered civil engineer, the 17 18 90-day time period shall be extended until such time as 18 19 the reasons for delay are eliminated. If the licensed land 19 20 surveyor or registered civil engineer cannot comply with _> 20 21 the 90-day time limit, be or she shall, prior to the 21 22 expiration of the 90-day time limit, provide the county 22 23 surveyor with a letter stating that he or she is unable to 23 24 comply. The letter shall provide an estimate of the date 24 25 for completion of the record of survey, the reasons for the0 d, 25 26 delay, and a general statement as to the location of the 26 27 survey, including the assessor's parcel number or 27 28 numbers. 28 29 The licensed land surveyor or registered civil engineer 29 30 shall not initially be required to provide specific details of 3o 31 the survey. However, if other surveys at the same location 31 32 are performed by others which may affect or be affected 32 33 by the survey, the licensed land surveyor or registered 33 34 civil engineer shall then provide information requested . 34 35 by the county surveyor without unreasonable delay. 35 36 Any record of survey filed with the county surveyor 36 37 shall, after being examined by him or her, be filed with 37 38 the county recorder. 3S 39 SEC. 3. Section 8771 of the Business and Professions 35 40 Code is amended to read: � 4C 99 AB 3472 ,vhich 1 8771. Monuments set shall be sufficient in number F th6 2 and durability and efficiently placed so as not to be readily +hOut 3 disturbed, to assure, together with monuments already 4 existing, the perpetuation or facile re-establishment of ice of 5 any point or line of the survey. other 6 When monuments exist why that control the location rder's (a 7 of subdivisions, tracts, boundaries, roads, streets, or map, 8 highways, or provide survey control, the monuments 9 shall be located and referenced by or under the direction int to 10 of a licensed land surveyor or registered civil engineer -Itting 11 prior to the time when any streets OT-, highways, other ! of a 12 rights-of-way, or easements are improved, constructed, .Held 13 reconstructed, or relocated and a corner record of the 14 references shall be filed with the county surveyor. They tnnot . 15 shall be reset in the surface of the new construction, a if the 16 'suitable monument box placed thereon, or permanent the 17 witness monuments set to perpetuate their location and ne as 18 a corner record filed with the county surveyor prior to the land 19 recording of a certificate of completion for the project. with 20 Sufficient controlling monuments shall be retained or the 21 replaced in their original positions to enable 6ftd )unty 22 property, right-of-way and easement lines, property )le to 23 corners, and subdivision and tract boundaries to be date 24 re-established without devious surveys necessarily )r the 25 originating on monuments differing from those that ,f the 26 currently control the area. It shall be the responsibility of r or 27 the governmental agency or others performing 28 construction work to provide for the monumentation beer 29 required by this section. It shall be the duty of every land ails of 30 surveyor or civil engineer to cooperate with the ation 31 governmental agency in matters of maps, field notes, and .cted 32 other pertinent records. Monuments set to mark the :ered 33 limiting lines of highways, roads,of streets orright-of-Way :sted 34 or easement lines shall not be deemed adequate for this 35 purpose unless specifically noted on the records of the �eyor 36 improvement works with direct ties in bearing or with 37 azimuth and distance between these and other 38 monuments of record. cions 39 SEC. 4. Section 17850 of the Education Code is 40 amended to read. 99 99 AB 3472 — 8 - 1 17850. (a) Upon the approval by the governing 1 2 board of the school district to proceed with the issuance 23 3 of certificates of participation revenue bonds, the school 4 4 district shall notify the county superintendent of schools 5 5 the dr-. The superintendent of the school 5 6 district shall provide the repayment schedules for that 7 debt obligation, and evidence of the ability of the school ( 7 8 district to repay that obligation, to the eettnty a e�the 8 9 county superintendent, the governing board, and the 9 10 public. Within 15 days of the receipt of the information, 10 11 the, county superintendent of schools ftftd the eery 11 12 audi may comment publicly to the governing board of 12 13 the school district regarding the capability of the school 13 14 district to. repay that debt obligation. 14 15 (b) Upon the . approval by the county board of 15 16 education to proceed with the issuance of certificates of 16 17 participation or revenue bonds, the county 17 18 superintendent of schools or superintendent of a school 18 19 district for which the county board serves as governing 19 20 board shall notify the Superintendent of Public 20 21 Instruction. The county superintendent of schools or the 21 22. superintendent of a school district for which the county 22 23 board serves as the governing board shall provide the 23 24 repayment schedules for that debt obligation and 24 25 evidence of the ability of the county office of education '' �( 25 26 or school district to repay that obligation, to the 26 27 Superintendent of Public Instruction, the governing 27 28 board, and the public. Within 15 days of the receipt of the 28 29 information the Superintendent of Public Instruction 29 30 may comment publicly to the county board of education 30 31 regarding the capability of the county office of education 31 32 or school district to repay that debt obligation. 32 33 SEC. 5. Section 12035 of the Government Code is 33 34 amended and renumbered to read: 34 35 12035. 35 36 65040.10. As used in this article, " 4 36 37 T,.-.ter-ge ,,�.- ..�-.,,,.,to �4��tnent" «Sta to 37 38 Clearinghouse"means the office of that name established 38 39 by executive action of the Governor or any successor 39 40 office designated by the Governor as the clearinghouse H,%Y 99 - 9 — AB 3472 ring. 1 for information from the me of the Budget ance 2 Office of Management and Budget in accordance with :pool 3 the Intergovernmental Cooperation Act of 1968 (P.L. fools 4 90-577) . ,hool 5 SEC. 6. Section 12036 of the Government Code is that 6 amended and renumbered to read: -h ool 7 12036 -- the 8 65040.11. The of the 9 " "State Clearinghouse" shall submit such tion, 10 information acquired by it pursuant to the application of 11 the Intergovernmental Cooperation Act of 1968 (P.L. rd of 12 90-577) to an agency designated for streh that purpose by 'hoof 13 concurrent resolution of the Legislature. 14 SEC. 7. Section 12037 of the Government Code is J of 15 repealed. es of 16 12037. •(-a+ The 9ffiee of I ter-go ent ,1 17 N4a „n;.�,.,e t s be the fey gists fFeffi inty 18 elt•��aed that state eoziirtieJ � a,------ b.00l 19 evaittate the ;R*;A P;1Qt ,, iffipezet of any prepesed Hing 20 within the of 8 1535 of the �blic ®))) ((i�® . 21 mess aed � ef L the 22 pr-ejeet within the � of 8 11888-5 of eke linty 23 Business aed 12r,.r- nd 24 0)* Upee reeeipt�ef a request frees a eity e - � the and - ltion 25 p�� to f a the 8�ee of the 26 ----=- - - e------e--- -..._r t shall.L eaeh state �- - --N4ft e- ---- ning 27 ageney, a7s 4 Beefs , to aed f the 28 the 6T- laed :tion 29 view aed eeftmettt shall , as :ly as 30 p--aeti ,ab _, w4th the faeter-s speei ied i-H 8eetiee 21100 of ition 31 the the R... ettr-, ,., pion 32 fie} As seee as pew het ift tie est ler than 30 leis 00 (;4 33 dftys 4-effi reeeipt ofar-eqfTrefftaeit-yeeettiity - 34 pur-stiant to th}s seetiee the 8f€iee of Itite--g - _----fiefta 35 N4attagefftent shall tr-etnst the eeffiffien afrd 36 n,a a`-:e s of the varie s state to the eity ;tate 37 e - 38 SEC. 8. Section 12038 of the Government Code is shheedd 39 repealed. �ssor ouse 99 99 AB 3472 — 10 - 1 - 10 - 1 !2038,,. Pie Offiee of !cite .gr,v„•,...-,.-.-,et4a1 - 2 Maof eft r-equest by tt ei ,e -eettiity, etrr-ange 3 few tee n;ee l e,`s s a fr-e� vayiets age eies e the 5 3esed subdityi I.iletpsi . Stieh te•�ttieffll etssistetti a.n r. 6 sltl be r a e b-y the tee state tees. 7 subjeet t-e t e a'e&iletbili of state per-seeeel 8 SEC. 9. Section 26907 of the Government Code is 9 amended to read: 10 26907. Notwithstanding Section 26201, 26202, or ] 11 26205, the auditor or, ex officio auditor may destroy any 1 12 county, school, or special district claim, warrant, or any i 13 other paper issued as a warrant voucher whieh that is ] 14 more than five years old, or at any time . after the ] 15. document has been photographed, microphotographed, ] 16 reproduced by electronically recorded video images on l 17 magnetic surfaces, or reproduced on film of a type 18 approved for permanent photographic records by the 1 19 National Bureau of Standards if the copy is kept or ] 20 maintained for five years from the date of the document. 21 The auditor may make a kphotographic record of an 22 index or warrant register and may provide for the 23 destruction of the index or warrant register. Any index or 24 warrant register whieh that is over 44 five years old may 25 be destroyed without being photographically or x 26 . microphotographically reproduced. 27 SEC. 10. Section 27279 of the Government Code is 28 amended to read: c 29 27279. (a) "Instrument," as used in this chapter, 30 means a written paper signed by a person. or persons 31 transferring the title to, or giving a lien an real property, 32 or giving a right to a debt or duty.- 33 (b) The recorder of any county may, in lieu of a , u 34 written paper, accept for recording digitized images of 35 recordable instrumentsif both of the following conditions 4 36 are met. 3 37 (1) The image conforms to all other applicable statutes 38 that prescribe recordability, except the requirement of 3 39 original signatures 1n subdivision (b) of Section 27'201. 3 4 99 AB 3472 1 (2) The requester and addressee for delivery- of the W 2 recorded images are the same and can be readily- the 3 identified as a- local or state government entity; or an of 4 agency, branch, or instrumentality of the federal ttxttee 5 government. 6 SEC. 11. Section 65361 of the Government Code is 7 amended to read: -de is 8 65361. (a) Notwithstanding an other provision of Y er 9 law, upon application by a city or county, the Director of or 10 Planning and Research shall grant a reasonable extension E any 11 of time not to exceed two years from the date of issuance r any 12 of the extension, for the preparation and adoption of all 6Jat is 13 or part of the general plan, if the legislative body of the the 14 city or county, after a public hearing, makes any of the )lied, 15 following findings: es on 16 (1) Data required for the general plan shall be type 17 provided by another agency and it has not yet been y the 18 provided. pt: or 19 (2) In spite of sufficient budgetary provisions and nent. 20 substantial recruiting efforts, the city or county has not of an 21 been able to obtain necessary staff or consultant the 22 assistance. .ex or 23 (3) A disaster has occurred requiring reassignment of may 24 staff for an extended period or requiring a complete i or ®) �(� 25 reevaluation and revision of the general plan, or both. 26 (4) Local review procedures require an extended ,de is 27 public review process -tom that has resulted in delaying 28 the decision by the legislative body. Lpter, 29 (5) The city or county is jointly preparing all or part of r.sons 30 the general plan with one or more other jurisdictions )erty, 31 pursuant to' an existing agreement and timetable for 32 completion. 33 (6) Other reasons exist that justify the granting of an es of 34 extension, so that the timely preparation and adoption of tions 35 a general plan is promoted. 36 (b) The director shall not grant an extension of time totes 37 for the preparation and adoption of a housing element :rpt of 38 except in the case of a newly incorporated city or newly ° 1 39 formed county .tom that cannot meet the deadline set C, 40 by Section 65360. Before the director grants an extension 99 99 AB 3472 — 12 — I 12 -1 of time pursuant to this subdivision, he or she shall consult 2 with the Director of Housing and Community 3 Development. 4 (c) 'The application for an extension shall contain all of 5 . the following: 6 (1) A resolution of the legislative body of the city or 7 county adopted after public hearing setting forth in detail 8 the reasons why the general plan was not previously 9 adopted as required by law or needs to be revised, . 10 including one or more of the findings made by the 1� 11 legislative body pursuant to subdivision (a), and the 1: 12 amount of additional time necessary to complete the 1: 13 preparation and adoption of the general plan. 1� 14 (2) A detailed budget and schedule for preparation 1 15 and adoption of the general plan, including plans for l� 16 citizen participation and expected interim action. The P 17 budget and schedule shall be of sufficient detail to allow 1' 18 the director to assess the progress of the applicant at P 19 regular intervals during the term of the extension. The P 20 schedule shall provide for adoption of a complete and 2( 21 adequate general plan within two years of the date of the 2 22 application for the extension. 2; 23 (3) A set of proposed policies and procedures which 2,' 24 would ensure, during the extension of time granted 2z 25 pursuant to this section, that the land use proposed in anj 6 D 26 application for a subdivision, rezoning, use permit, 2E 27 variance, or building permit will be consistent with the 2'. 28 general plan proposal being considered or studied. D 29 (d) The director may impose any conditions on D 30 extensions of 'time granted that the director deems T 31 necessary to ensure compliance with the purposes and 3.' 32 intent of this title. Those conditions shall apply. only to 14 33 those parts of the general plan for which the extension has & 34 been granted. . In establishing those conditions, the 3� 35 director may adopt or modify and adopt -any of the 3t- 36 policies and procedures proposed by the city or county 3( 37 pursuant to paragraph (3) of subdivision (c) . 3� 38 (e) During the extension of time specified in this 3f 39 section; the city or county is not subject to the 3c' 40 requirement that a complete and adequate general plan 4( 99 f - 13 — AB 3472 onsult ® 1 be adopted;or the requirement that it be adopted within -iunity 2 a specific period of time; e -the of stette 1w 3 t its deeisietts be ee stetA withmese p of the i all of 4 gener-etl p6-ft fef whieh etre extensietthes been gamed. 5 However, development approvals shall be consistent °ity or 6 with the conditions imposed by the director pursuant to detail ( 7 subdivision (d) and any element or elements that have iously ® ® 8 been adopted and for which an extension of time is not wised, 9 sought. -y the 10 (f) If a city or county that is granted a time extension d. the 11 pursuant , to this section determines that it cannot :e the 12 complete the elements of the general plan for which the 13 extension has been granted within the prescribed time nation 14 period, the city or county may request one additional gas for 15 extension of time, which shall not exceed one year, if the �. The 16 director determines that the city or county has made allow 17 substantial progress toward the completion of the general nt at 18 plan. This subdivision shall not. apply to an extension of k_ The 19 time granted pursuant to subdivision (b) . and , 20 (g) An extension of time granted pursuant to this of the 21 section for the preparation and adoption of all or part of 22 a city or county general plan is exempt from Division 13 :which 23 (commencing with Section .21000) of the Public anted 24 Resources Code. in an (((�, 25 SEC. 12. Section 66416.5 of the Government Code is 26 amended to read: rh the 27, 66416.5. (a) "City engineer" means the person 28 authorized to perform the functions of a city engineer. as on 29 The land surveying functions of a city engineer may be seems 30 performed by a city surveyor, if that position has been ;s and 31 created by the local agency. my to 32 (b) A city engineer registered as a civil engineer after :)n has 33 January 1, 1982, shall not be authorized to prepare, the 34 examine, or approve the surveyingmaps and documents. )f the 35 The examinations, certifications, and approvals of the ounty 36 surveying maps and documents shall only be performed 37 by a person authorized to practice land surveying n this 38 pursuant to the Professional Land Surveyors Act 3 the 39 (Chapter 15 (commencing with Section 8700) ofDi vision 4 plan Oji ((l\ 40 3 of the Business and Professions Code) or a person 99 99 AB 3472 — 14 — i registered as a civil engineer prior to January 1, 1982, 2 pursuant to the Professional Engineers Act (Chapter 7 3 (commencing with Section 6700) of Division 3 of the 4 Business and Professions Code). 5 (c) Nothing contained in this provision shall prevent 6 a city engineer from delegating the land surveying 7 functions to a person authorized to practice land 8 surveying. Where there is no person authorized to 9 practice land surveying within the city or agency, nothing 10 shall prevent the city engineer from contracting with a 11 person who is authorized to practice land surveying to 12 perform the land surveying. functions. L 13 SEC. 13. Section 66417 of the Government Code is 14 amended to read: 15 66417. (a) "County surveyor" includes county 16 engineer, if there is no county surveyor. 17 (b) A county engineer registered as a civil engineer It . 18 after January 1, 1982, shall not be a u th orized to prepare, 19 examine, or approve the surveying maps and documents. 2( 20 The examinations, certifications, and approvals of the 2- 21 surveying maps and documents shall only be performed 2! 22 by a person authorized to practice land surveying I 23 pursuant to the Professional Land Surveyors Act 2, 24 (Chapter 15 (commencing with Section 8700) ofDivision 21 Business and Professions Code) or a person 25 3 of the Busi 2( 26 registered as a civil engineer prior .to January 1, 1982, 2' 27 pursuant to the Professional Engineers Act (Chapter 7 2(' 28 (Commencing with Section 6700) of Division 3 of the T 29 Business and Professions Code) 3( 30 SEC. 14. Section 66452.7 of the Government Code is 3' 31 repealed. I 32 66452,7-. The 9 body; wheii there is fte 33 etElviserry ageftey eT- the advisees tigeftey,is Y-equir-ed b-y T 4 34, 34 Seetieti 6645" to subffi4 the tentative to t1--fe- Off4ee 35 4er-nffi I ent- I Matiagefftent,ffifty exteftd t-ke titfte 3tt T 36 per-ffiitted 144- attetieft aft seepfffftp if it ifeEtttif Jv-e,, FtI!eW . .1 C�jm,�, 37 37 eeftsider-ettie of the e-eektat ie.. f eeeived tie ...-.-e T 38 of !"tefgevefnffiental Metfietgeffient, btA the exteftsieft 39 sha4 not e3feeed 44 E3� 4( 99 - 15 — AB 3472 1982, ® 1 SEC. 15. Section 40275 of the Health and Safety Code iter 7 2 is amended to read: �f the 3 40275. The bay district treasury shall be in the custody 4 of the county treasurer of a county ineluded efttir-ely went 5 within the bay. district designated by the bay district ,ying 6 board, and ftieh that treasurer shall be the bay district land ("�, 7 treasurer. d to 8 SEC. 16. Section 41210 of the Health and Safety Code thing 9 is amended to read: :pith a 10 41210. (a) There is hereby created the Mojave ng to 11 Desert Air Quality Management District. 12 (b) The boundaries of the Mojave Desert district shall )de is 13 include all of the County of San Bernardino=-wand the 14 County of Riverside .that is not included within the >unty 15 boundaries of the south coast district, and any other area 16 included pursuant to subdivision (c) . r'neer 17 (c) The Mojave Desert district board may, by pare, 18 resolution,include in the Mojave Desert district any other lents. 19 area upon receipt of a resolution from the district -. f theAll 20 that currently includes the area requesting inclusion and . rined 21 specifying the area to be included. All territory included Y ing 22 within the Mojave Desert district shall be contiguous. 4ct 23 SEC. 17. Section 41220 of the Health and Safety Code 4sion 24 is amended to read: 25 41220. (a) The Mojave Desert district shall be 1 son �� �� 26 governed by a district board composed of the following 1982, 27 members: p g ter 7 28 (1) The members of the San Bernardino County Board f' the 29 of Supervisors who represent the first and third )de is 30 supervisorial districts of the county, or who, after 31 reapportionment affecting the county supervisorial fre 32 districts, represent any supervisorial district of the county 33 that lies in whole or in part within the Mojave Desert 4r€iee 34 district. 4-i e 35 (2) One member of the city council of each 36 incorporated city within the Mojave Desert district, who �rtee 37 shall be appointed by the city council. 38 (3) One public member who shall be appointed by a 39 majority of the Mojave Desert District governing board 40 for a term of two years and who shall be a resident of an 99 99 AB 3472 — 16 — I 16 -1 incorporated city or a supervisorial district that lies in 2 whole or in part within the Mojave Desert District. 3 (4) Upon the incorporation of any new city within the 4 boundaries of the Mojave Desert district, the city council 5 of that city shall appoint one member of the city council 6 to the Mojave Desert district board. 7 {4} 8 (5) If a district submits a resolution of inclusion 9 pursuant to subdivision (c) of Section 41210, one or more 10 members of the county board of supervisors or of a city 1 11 council from the area to be included shall be appointed 1 12 to the Mojave Desert district board, pursuant to 1 13 agreement between the county :board of supervisors or 1 14 the city council, or both, and the Mojave Desert district 1 15 board. 1 16 J-5+ 1 17 (6) At the time of the appointment of a member of the 1 18 city council of a newly incorporated city to the Mojave 1 19 Desert district board, as specified in paragraph-(4+ (4) , or 1 20 upon making an agreementto appoint a member from an 2 21 area included in the Mojave Desert district pursuant to 2 22 paragraph �4} (5), the Mojave Desert district board may 2 23 revise the remaining membership of the Mojave Desert 2 24 district board, as previously constituted, by adding or 2 25 removing one or more members of the board of2 26 supervisors of a county having territory in the district, 2 ' 27 adding or removing one or more members of the city 2 28 councils of previously incorporated cities within the 2 29 district, or both. 2 30 (b) The city council or a board of supervisors 3 31 appointing member may appoint an alternate who shall 3 32 be an elected official and who shall be a resident of an 3 33 incorporated city or a supervisorial district that lies in 3 34 whole or in part within the Mojave Desert District. ' 3 35 (c) As used in this section, "city" means any city, town, 3 36 or municipal corporation incorporated under the laws of 3 37 this state. 3 38 SEC. 18. Section 8813 of the Public Resources Code is 3 39 amended to read: 3• 99 - 17 — AB 3472 'Yes in ® ® 1 8813. The CCS27 and CCS83 coordinates shall be 2 based on monumented fel aftd second-order stations or in the 3 better which have been published by USC&GS and NGS )uncil 4 or their successors as specified in this section and in )uncil 5 Sections 8813.1 and 8813.2. The geodetic positions of 6 CCS27 and CCS83 stations which are used to increase the 7 density of control and which purport to be of / e - lusion 8 second-order or better accuracy shall have been surveyed more 9 in conformity with € / e - seeee 'e�ey- the applicable a city 10 . survey standards and specifications in effect at the time )inted 11 of the survey as defined by the Federal Geodetic Control at to 12 Subcommittee. If an FGCS order of accuracy is claimed yrs or 13 for a survey or a map, it shall be justified by additional istrict 14 written data that show equipment, procedures, closures, 15 adjustments, and a control diagram. 16 SEC. 19. Section 8813.1 of the Public Resources Code of the 17 is amended to read: Mojave 18 8813.1. Prior to January 1, 2000, any survey or map '4), or 19 --� that is to be based on state plane coordinates shall )m an 20 show established field-observed direct; n e tr+ •= int to `�1 21 connections to at least two stations of corresponding or i may 22 better accuracy whose credentials are based upon >esert 23 published stations of USC&GS or NGS or their successors. ng or 24 SEC. 20. Section 8813.2 of the Public Resources Code rd of 25 is amended to read: strict, 26 8813.2. After December 31, 1999, any survey or map e city 27 =-� that is to be based on state plane coordinates shall n the 28 show established field-observed direct; 29 connections to at least two stations that are: Visors 30 (a) Included in the CSRS-H. shall 31 (b) Included in the NGS National Geodetic Reference of an 32 System, or its successor, and having a FGCS accuracy ies in (,� �� 33 standard of B order or better. 34 (c) Shown on a subdivision map, record of survey, or town 35 a map filed with the county surveyor by a public officer , iws of 36 and whose horizontal positions have been determined by 37 Global Positioning System survey methods in accordance ode is 38 with first order or better FGCS standards and 39 specifications and whose state plane coordinates are 40 based on field-observed direct, nontrivial, connections to 99 99 AB 3472 — 18 - 1 18 - 1 at least two stations that are included in the CSRS-H or 2 included in the NGS National Geodetic Reference < 3 System, or its successor, and having a FGCS accuracy 4 standard of B order or better. 5 SEC. 21. Section 8815.2 of the Public Resources Code 6 is amended to read: 7 8815.2. The epoch for a survey using CCS83 8 coordinate shall be the ,hest NGS-published epoch of the 9 a, controlling stations station for the survey. If the ,hest 10published epees e€ the eent--a"_-rg n+�iens aye fie+ the 11 same; the epeeh of the statien hang the 12 latest epoeh shall be used. 13 SEC. 22. Section 8815.3 of the Public Resources Code 14 is amended to read: 15 8815.3. When the latest published epochs of the 16 controlling stations for a survey using CCS83 coordinates 17 are not the same, appropriate adjustments shall be made 18 to the horizontal positions of controlling stations hetvift 19 eager epeehs so that the coordinates of all the controlling .20 stations are consistent. These adjustments in the 21 horizontal positions of controlling stations shall be made 31 (" ' 22 in accordance with NGS-published procedures and 23 values. 24 SEC. 23. Section 50752 of the Water Code is amended 25 to read: 26 .50752. The election board shall canvass the votes cast (� 27 and issue certificates of election to the persons elected, 28 and shall place the ballots, when canvassed, in a sealed 29 envelope and forward it to the. county clerk of the bear-d 30 of . 31 SEC. 24. Notwithstanding Section 17610 of the 32 Government Code, if the Commission on State Mandates 33 determines that this act contains costs mandated by the 34 state, reimbursement to local agencies, and school C� 35 districts for those costs shall be made pursuant to Part 7 36 (commencing with Section 17500) of Division 4 of Title 37 2 of the Government Code. If the statewide cost of the 38 claim for reimbursement does not exceed one million 39 dollars ($1,000,000), reimbursement shall be made from 40 the State Mandates Claims Fund. xJfl-- 99 - 19 — AB 3472 -H or i; . 1 Notwithstanding Section 17580 of the Government -ence 2 Code, unless otherwise specified, the provisions of this act .zracy 3 shall become operative on the same date that the act 4 takes effect pursuant to the California Constitution. Code CS83 .s �! )f the { ►t �e latest the Code the mates rade Aling the �! made and nded 5 cast cted, Baled the dates y the (00 ,hool $art 7 Title ,f the illion from N p 99 99