HomeMy WebLinkAbout1997-05-13 - AGENDA REPORTS - ASSEMBLY BILL 303 (2)9.
AGENDA REPORT
City Manager Approval
Item to be presented by:
Michael P. Murphy
CONSENT CALENDAR
DATE: May 13, 1977
SUBJECT: STATE LEGISLATION - ASSEMBLY BILL 303
DEPARTMENT: City Manager
BACKGROUND
Assembly Member George Runner has introduced Assembly Bill 303 which provides for creation of the Los
Angeles County Division Authority (Authority). Mr. Runner introduced the measure in response to continuing
suggestions that Los Angeles County, which has a population greater than 43 states, is too large to operate
efficiently.
The purpose of.the Authority would be to examine the fiscal health and service delivery capability of Los Angeles
County. The Authority would also determine whether the division of Los Angeles County into two or more
smaller counties would improve fiscal health and service delivery.
To form the Authority, the bill requires that at least one or more local jurisdicitions with an aggregate population
of 2,000,000 or more adopt resolutions declaring the intent to form the Los Angeles County Division Authority.
Representatives of participating jurisdictions would serve as the governing board for the Authority and pay
proportionate share costs toward expenses of the Authority. It is presently estimated that a fiscal health and
service delivery study would cost approximately $1,000,000. Therefore, a proportionate share could range
anywhere from $11,235 to $1,000,000 per jurisdiction depending upon how many entities elect to participate.
The intent of this bill would enable the Authority to utilize the services of the Legislative Analyst or other
appropriate state agency to conduct an audit of Los Angeles County. A report generated by the Authority is
intended to be filed with the California Legislature within two years after formation of the Authority.
This bill does not initiate any county division process or do anything other than create a formal mechanism and
process for conduct of a study to determine the fiscal health and service delivery capability of Los Angeles
County. Furthermore, this bill does not change state law relative to the requirements of forming anew county
should that recommendation be made by the Los Angeles County Division Authority.
Proponents of the bill argue that the legislation provides a mechanism for jurisdictions which are unhappy with
Los Angeles County services to evaluate whether those services can be provided more efficiently under smaller
county government. The bill provides that an independent analysis be conducted to realistically assess Los
Angeles County's fiscal health and provision of services. AB 303 also places the responsibility for any municipal
MEN RIT11 H
criticism of County services directly on municipalities.
Opponents of the bill argue that the bill does not change state law enhancing the formation of a new county. They
further argue that most County services are well provided and that any required changes most likely involve minor
modifications which can be handled administratively between existing jurisdictions. Finally, opponents argue
that the bill is a "jump on the bandwagon" effort from secessionist legislation involving the City of Los Angeles
and Los Angeles Unified School District.
From Santa Clarita's perspective, the City has received outstanding service from Los Angeles County in several
areas, most notably law enforcement and fire protection. Conversely, the City has ongoing concerns about
development issues in the unincorporated area as impacts the incorporated area. A service study could possibly
help to clarify issues of concern.
Support of AB 303 at this time does not constitute an endorsement of or trigger formation of the Los Angeles
County Division Authority. Any participation by the City in the Authority would require a separate action by
the Council after enactment of the legislation.
RECOMMENDATION
Support Assembly Bill 303 and transmit statements of support to Assembly Member Runner, appropriate
members of the Legislature, League of California Cities, California Contract Cities Association and Independent
Cities Association.
ATTACHMENT
Assembly Bill 303
MPM.6303agd.597
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In bill text, brackets have special meaning:
[A> <A] contains added text, and
[D> <D] contains deleted text.
California 1997-98 Regular Session
1997 CA AB 303
Amended
970501
Runner
AMENDED IN ASSEMBLY MAY 1, 1997
ASSEMBLY BILL
No. 303
INTRODUCED BY Assembly Member Runner
FEBRUARY 14, 1997
An act to add Chapter 3 (commencing with Section 55900) to Part 3 of
Division 2 of Title 5 of the Government Code, relating to local
government agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 303, as amended, Runner. Local governmental agencies: Los
Angeles County.
Existing law provides for the establishment of various local
governmental agencies.
This bill would, upon the adoption of resolutions by the governing
boards of [D> at least 2 <D1 [A> one or more <A] local jurisdictions, as
defined, [A> that have an aggregate population of 2,000,000 or more, <A]
create a local agency known as the Los Angeles County Division
Authority.
The governing board of the authority would consist of
representatives appointed by the governing boards of participating local
jurisdictions. The purpose of the authority would be to research the
current fiscal health and service delivery capability of the County of
Los Angeles and to determine if the division of the county into 2 or
more smaller counties would result in enhanced fiscal health and service
delivery.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3 (commencing with Section 55900) is added to
Part 3 of Division 2 of Title 5 of the Government Code, to read:
CHAPTER 3. LOS ANGELES COUNTY DIVISION AUTHORITY
Article 1. General Provisions
55900. This chapter shall be known and may be cited as the Los
Angeles County Division Authority Law.
55901. As used in this chapter, the following terms have the
following meaning:
(a) "Authority" means the Los Angeles County Division Authority
formed pursuant to this chapter.
(b) "Governing board" means the governing board of the authority.
(c) "Local jurisdiction" means the County of Los Angeles or any city
within the County of Los Angeles.
55902. If any provision of this chapter or the application of any
provision of this chapter in any circumstance to any person, city,
county, district, the state, or any agency or subdivision of the state
is held invalid, that invalidity shall not affect other provisions or
applications of this chapter that may be given effect without the
invalid provision or application of the invalid provision, and to this
end the provisions of this chapter are severable.
55903. Any action to determine the validity of the organization or
of any action of the authority shall be brought pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of .Civil
Procedure.
Article 2. Formation and Boundaries
55910. There may be created a local agency to be known and
designated as the Los Angeles County Division Authority.
55911. (a) The territory of the authority shall consist of all of
the territory, whether incorporated or unincorporated, within the County
of Los Angeles; as determined pursuant to subdivision (b).
(b) On or before January 1, 1999, the governing body of any local
jurisdiction may adopt a resolution declaring its intent to form the
authority. The board of supervisors shall immediately transmit a copy
of its resolution to the County Clerk of the County of Los Angeles. As
soon as feasible after receiving `r —> east-two-r-esolutiens-<D]
[A> resolutions from one or more local jurisdictions that have an
aggregate population of 2,000,000 or more people <A] , the county clerk
shall declare the authority duly formed pursuant to this chapter with
the boundaries determined pursuant to this section. The boundaries of
the authority shall be the combined territory of each local jurisdiction
in which the governing body has adopted a resolution pursuant to this
section. In the case of the County of Los Angeles, the territory is the
unincorporated territory of the county.
55912: Territory may be annexed to or detached from the authority,
upon the request of the governing body of the local jurisdiction that
has jurisdiction over the territory, with 30 days' notice to the
authority's governing board.
55913. The Cortese -Knox Local Government Reorganization Act of 1985
(Division 3 (commencing with Section 56000)) shall not apply to the
authority.
Article 3. Governing Board
55920. (a) The governing board shall be appointed pursuant to this
section.
(b) The governing body of each local jurisdiction that adopted a
resolution pursuant to Section 55911 shall appoint, by resolution, one
representative to the governing board and shall appoint, by resolution,
an additional representative for each 100,000 citizens within its
territory. In the case of the County of Los Angeles, for the purpose of
determining the number of representatives, the population shall be the
total population of the unincorporated areas of the county.
(c) Each local jurisdiction participating in.the authority shall
contribute funding to the authority in proportion to the number of its
representatives on the governing board.
55921. Notwithstanding Article 4.7 (commencing with Section 1125)
of Chapter 1 of Division 4 of Title 1 or any other provision of law,
service as a member or officer of the governing board, service as the
secretary of the governing board, and service as the treasurer -chief
fiscal officer of the authority does not constitute an incompatible
activity by an officer or employee of another public.agency.
55922. (a) The members of the governing board shall meet and elect
a president and vice president. The governing board may create
additional officers and elect members to those positions; however, no
member of the governing board shall hold more than one office. The
governing board may define the duties and terms of its officers.
(b) Except as provided in subdivision (e), the County Clerk of the
County of Los Angeles may serve as the secretary of the governing board.
(c) Except as provided in subdivision (e), the County Treasurer of
the County of Los Angeles may serve as the treasurer -chief fiscal
officer of the authority.
(d) The governing board shall adopt a resolution defining the duties
of the secretary and the treasurer -chief fiscal officer. Neither the
secretary nor the treasurer -chief fiscal officer shall receive any
compensation for his or her duties on behalf of the authority.
(e) The governing board may adopt a resolution appointing a
secretary and a treasurer -chief fiscal officer other than those provided
in subdivisions (b) and (c). The resolution may require the secretary
and treasurer -chief fiscal officer to give bonds to the authority
conditioned for the faithful performance of their duties. The authority
shall pay the premiums on the bonds.
55923. (a) The governing board shall meet at least once every three
months.
(b) The meetings of the governing board are subject to the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1).
(c) A majority of the governing board shall constitute a quorum for
the transaction of business.
(d) The governing board shall act only by ordinance, resolution, or
motion. A recorded vote by a majority of the total membership of the
governing board is required on each action.
(e) The governing board shall keep a record of all of its acts,
including its financial transactions. Unless another provision of law
requires a longer retention period, the governing board may destroy or
otherwise dispose of any paper or document filed with or submitted to
the authority more than two years previously, unless the governing board
determines that there is a need for its retention. In determining
whether there is a need for retaining a paper or document, the governing
board shall consider the effect of statutes of limitation, future public
need, and historical significance.
55924. Members of the governing board shall not receive any
compensation for their service, including attending meetings of the
governing board. Members of the governing board who are not officers or
employees of another local. agency may receive reimbursement from the
authority for their necessary and actual expenses for traveling to and
from meetings of the governing board.
Article 4. Powers
55925. The authority shall have and may exercise all rights and
powers, expressed or implied, necessary to carry out the purposes and
intent of this chapter including; but not limited to, the following
powers:
(a) To appoint employees, to define their qualifications and duties,
and to provide compensation for the performance of their duties.
(b) To employ counsel.
(c) To contract with any other public agency for any services
necessary to carry out the purposes of the authority.
(d) To contract for any services necessary to carry out the purposes
of the authority.
55926. The powers of the authority shall be used to research the
current fiscal health and service delivery capability of the County of
Los Angeles. In reviewing those capabilities, the authority shall
determine if the division of the County of Los Angeles into two or more
smaller counties would result in enhanced fiscal health and service
delivery. As part of that determination the authority shall prescribe
the boundaries of any proposed division.
Article 5. Fiscal Affairs
55930. (a) On or before June 1 of each year, the governing board
shall prepare a preliminary budget for the fiscal year that begins July
1.
(b) On or before June 1 of each year, the governing board shall
publish a notice stating all of the following:
(1) That it has prepared a preliminary budget that is available for
inspection at times and places specified in the notice.
(2) The date, time, and place when the governing board will meet to
adopt the final budget.
(3) That any person may appear and be heard regarding any item in
the budget or regarding the addition of other items.
(c) The notice shall be published pursuant to Section 6066 in at
least one newspaper of general circulation in each county within the
boundaries of the authority.
(d) At the time and place specified for the meeting, any person may
appear and be heard regarding any item in the budget or regarding the
addition of other items.
(e) On or before July 1 of each year, after making any changes in
the preliminary budget, the governing board shall adopt a final budget.
The final budget shall establish its appropriation limit pursuant to
Division 9 (commencing with Section 7900) of Title 1.
55931. (a) All claims for money or damages against the authority
shall be governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1.
(b) Claims against the authority shall be audited, allowed, and paid
by order of the governing board.
(c) Notwithstanding subdivision (b), the governing board may
authorize its treasurer -chief fiscal officer to use an alternative
procedure for payment of claims against the authority.
(d) Notwithstanding subdivision (b), the governing board. may adopt a
resolution creating a petty cash fund to pay small bills directly.
The resolution shall designate all of the following:
(1) The maximum amount of the fund, not to exceed five hundred
dollars ($500).
(2) The purposes for which the fund may be spent.
(3) The officer or employee who is authorized to spend the fund and
who will account for it.
(4) The officer or employee who is authorized to create and
reimburse the fund. Each document to reimburse the fund shall contain
an itemized account of expenditures.
55932. The authority may accept any revenue, money, grants, goods,
property, or services from any federal, state, regional, or local agency
or from any person for any lawful purpose of the authority.
55933. Notwithstanding any other provision of law, the authority
shall not do any of the following:
(a) Receive property tax revenues pursuant to Chapter 6 (commencing
with Section 95) of Article 0.5 of Division 1 of the Revenue and
Taxation Code.
(b) Levy special taxes including, but not limited to, taxes levied
pursuant to the Mello -Roos Community Facilities Act of 1982 (Chapter 2.5
(commencing with Section 53311) of Part 1).
(c) Levy general taxes.
(d) Levy benefit assessments or special assessments.
(e) Issue bonds.
Article 6. Termination
55940. If the authority has not been created pursuant to Section
55911 on or before January 1, 1999, this chapter shall be repealed. If
the authority has been created pursuant to Section 55911 it shall be
terminated two years after the county clerk has declared the authority
duly formed pursuant to Section 55911.
SEC. 2. The Legislature finds and declares that a special law is
necessary and the general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances in the County of Los Angeles. The
facts constituting the special circumstances are as follows:
The diverse needs of the residents and cities within Los Angeles
County require special study to determine how best to provide
governmental services.
END OF REPORT
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