HomeMy WebLinkAbout1984-04-24; City Council; 7725; Subsidiary District Legislationrg
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CIT\~F CARLSBAD -AGENDA)ILL
AB# 77~.s'
MTG. 4,L24/84
DEPT. CM
ItILE;
RECOMMENDED ACTION:
SUDSIDIARY DISTRICT LEGISLATION
DEPT.HD.~
CITY ATTY __
CITY MGR .. ~
That Council oppose AB 3382-3383-3384-3385 and authorize
Mayor to testify against the bills if necessary.
BACKGROUND:
Four bills have been introduced by Assemblyman Farr of Santa
Cruz and are scheduled for hearing before Assembly Local
Government Committee Tuesday, April 25 at 1:30 PM in
Sacramento. These bills are sponsored by Costa Real Muni-
cipal Water District, Olivenhain Water District and Rincon
Water District in Escondido. The bills are all designed to
make it more difficult for the voters to initiate proposals
to consolidate water functions under a city government.
These bills are identical to issues proposed by Costa Real
in 1983 and rejected by the City Council during negoti~tion
of the joint water services agreement.
The bills provide as follows:
AB 3382 allows District to put alternative question on
ballot in subsidiary district election.
AB 3383 requires two elections -one in city and one in
District.
AB 3384 prohibits City from initiating subsidiary election
if agreement in effect.
AB 3385 requires 5-year wait between elections •
The Escondido City Council has opposed the bills.
The League of California Cities is opposed to the bills but
regards them as mainly aimed at Carlsbad and Escondido.
The Office of Local Government Affairs in the governor's office
has inquired as to the position of the City Council on these bills.
Assemblyman Frazee and Bradley have declined to author the bills.
FISCAL IMPACT:
Costs would be incurred to testify against the bills.
Costa Real continues to spend Carlsbad water revenues to retain
lobbyists and special counsel to carry on this battle against
the city in spite of the fact that they have signed agreements
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' Page 2 of AG#
4/24/84 -----
Subsidiary District Legislation
FISCAL IMPACT: Continued
and stipulated judgments to cooperate with Carlsbad in
providing efficient water service.
Efforts to persuade CRMWD officials to "back off" have
been unsuccessful.
ATTACHMENTS:
1. AB 3382
2. AB 3383
3. AB 3384
4. AB 3385
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ASSEMBLY BILL No. 3382
Introduced by Assembly Member £ h~b\~~ 1) j J CJ 51
February 16, 1984
An act to add Sections 56255, 56256, 56257, and 56417.2 to the
Government Code, relating to local agencies.
LEGISLATIVE COUNSEL'S DICFSI'
AB 3382, ciS introduced, Farr. Cities: subsidiary districts.
( 1) Existing law prescribes procedures whereby an
existing independent special district of limited powe1s may
become a subsidiary district of a city, and be governed by the
legislative body of the city, when the boundaries of a city are
changed so as to encompass all or a specified portion of the
territory of the district, or when a newly incorporated city will
encompass all or a specified portion of the district.
This bill would prescribe a special procedure to be followed
if the affected district proposes an alternative to the
subsidiary district proposal. Under this procedure, both the
original and the alternative proposals would be required to be
considered by the local agency formation, the county board
of supervisors, and, if the proposition is approved subject to
the confirmation by the voters, the voters of the affected
district.
By prescribing procedures for considering alternatives to a
proposal for the formation of a subsidiary district, the bill ·
would impose a state-mandated local program.
(2) Article XIII B of the Califo11lia Constitution and
Sections 2231 and 2234 of the Revenue and Taxation Code
require the state to reimburse local agencies and school
districts for certain costs manc;lated by the state. Other
provisions require the Department of Finance to review
statutes disclaiming these costs and provide, in certain cases,
99 SO
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AB 3382 -2-
for making claims to the State llotird of Control for )
reimbursement.
This bill would provide that no appropriation is made by
this act for the purpose of making reimbursement pursuant to
the constitutional mandate or Section 2231 or 2234, but would
recognize that local agencies and school districts may pursue
their other available remedies to seek reimbursement for ,
these costs. J
(3) This bill would provide that, notwitilstanding Section
2231.5 of the Revenue and Taxation Code, this act does not
contain a repealer, as required by that section; therefore, the
provisions of the act would remain in effect unless and until
they are amended or repealed by a later enacted act.
·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. Section 56255 is added to the
2 Government Code, to read: )'
3 56255. (a) Within 10 days after receiving a proposal
4 to form a subsidiary district, the executive officer shall
5 notify by registered mail the district or districts which are
6 the subject of the proposal.
7 (b) Within 35 days after receiving the notice from the J
8 executive officer, the board of directors of the subject
9 district or districts may do either of the following:
10 (1) Adopt a re.solution consenting to the subsidiary
11 district propos~, with or without requesting additional
12 terms and conditions.
13 (2) Adopt a resolution of intention to file an
14 alternative proposal to the subsidiary district proposal.
15 (c) Any resolution adopted under paragraph (1) or ,
1G (2) of subdivision (b) sh~ immediately be filed with the )
17 executive officer.
18 SEC. 2. Section 56256 is added to the Govem.-nent
19 Code, to read:
20 56256. If a district files a resolution of intention to file
21 an alternative proposal pursuant to paragraph (2) of
22 subdivision (b) or Section 56255, the executive officer J
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2 form a subsidiary district for a period of 70 days, During
3 this period, the district which has filed a resolution of
4 intention shall prepare and submit a completed
5 application for the alternative proposal in a form similar
6 to the original proposal, as prescribed by the commission.
7 A district which has filed a re~·olution of intention to file
8 an alternative proposal but which does not file a
9 completed application within the prescribed time period,
10 shall be deemed to have consented to the original
11 proposal to form a subsidiary district.
12 After receiving an alternative proposal, the executive
13 officer shall analyze and report on both the original
14 proposal and the alternative proposal concurrently and
lS set both for hearing by the commission in order that both
16 proposals may be considered simultaneous.ly at a single
17 hearing.
18 SEC. 3. Section 56257 is added to the Government
19 Code, to read:
20 56257. (a) Within 35 days following the conclusion of,
21 a hearing on an original and an alternative proposal to
22 form a subsidiary district, the commission shall adopt its
23 resolution of determination, which shall do one of the
24 following:
2.5 (1) Deny both the original proposal and the
26 alternative proposal.
?:I (2) Approve both the original proposal and the
28 alternative proposal.
29 (3) Approve one proposal and deny the other.
30 (b) If the commission approves both proposals, it shall
31 adopt an order directing the board of supervisors to
32 con~ider both proposals at a single hearing and to either
33 approve both proposals or deny both. proposals.
34 SEC. 4. Section 56417.2 is added to the Government
35 Code, to read:
36 56417.2. In any resolution approving, subject to the
37 confirmation of the voters, both an original and an
38 alternative proposal as determined by the commission
39 pursuant to paragraph (2) of subdivision (a) of Section
40 56257, the board of supervisors need provide for an
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AB 3382
1 election to be held only within the boundaries of the J
2 subject district. The ballot at the election shall enable
3 those voting to do one of the following:
~ (a) Disapprove both proposals.
5 (b) Approve the original proposal.
6 (c) Approve the alternative proposal.
7 SEC. 5. Notwithstanding Section 6 of Article XIII B of
b the California Constitution and Section 2231 or 2234 of
9 rhe Revenue and Taxation Code, no appropliation i!l
10 made by this act for the purpose of making
11 reirtibursement. pursuant to these sections. It is
12 recognized, however, thai a local agency or school
13 district may pursue any remedies to obtain
14 reimbursement available to it under Chapter 3
15 (commencing with Section 2201) of Part 4 of Division l
16 of that code.
17 SEC. 6. Notwithstanding Section 2231.5 of the
18 Revenue and Taxation Code, this act does not contain a
19 repealer, as required by that section; therefore, the
20 provisions of this act shall remain in effect unless and
21 until they are amended or repealed by a later enacted
22 act.
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CALl, .... .RNIA LEGISLATIJHE--1961-84 REGULAR SE.% .4
ASSEMRLY B!! ,L
Introduced by Assembly Member Farr
l,i.,ebruary 16, 1984
An act to amend Section 56421 of, and to add Section 56417.1
to, the Government Code, relating to local agencies.
LEGISLATIVE COUNSEL'S DICE5J'
AB 33&1, as introduced, Farr. Cities, districts: subsidiary
districts.
( 1) Existing law prescribes procedures for an existing
special district to be established as a subsidiary district of a city
if, as a result of a change in city boundaries, all or a portion
of the district is encompassed within the city•s boundaries.
Under the existing procedures, when an election is called
on the question of establishing an existing district as a
subsidiary district of a city, the election may be held only
within the district, or one election may be held within the
district and another election held within that territory of the
city which lies outside the boundaries of the district.
Under this bill, whenever an inhabited portion of the
district lies outside the city, separate elections would be
required ( 1) within the territory of the district int:!!uded
within the city, and (2) within the territory of the district
which lies outside the city.
The bill would impose a state-mandated local program by ·
requiring separate local elections to be conducted in that
portion of a district which is within the boundaries of the city,
and in that portion of the district lying c.itside the district.
(2) Article XIII B of the California Constitution and
Sections 2231 and 2234 of the Revenue and Taxation Code
require the state to reimburse local agencies and school
districts for certain costs mandated by the state. Other
99 (\0
AB 3383 -2-
provisions require the Department of Finance to review
statutes disclaiming these costs and provide, in certain cases,
for making claims to the State Board of Control for
reimbursement. ·
This bill would provide that no appropriation is made by
this act for the purpose of making reimbursement pursuant to
the constitutional mandate or Section 2231 or 2234, but would
recognize that local agencies and school districts may pursue
their other available remedies to seek reimbursement for
these costs.
(3) This bill would provide that, notwithstanding Section
22.'31.5 of the Revenue and Taxation Code, this act does not
contain a repealer, as required by that section; therefore, the
provisions of the act would remain in effect unless and until
they are amended or repealed by a later enacted act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State af California do enact as follows:.
1 SECTION 1. Section 56417.1 is added to the
2 Government Code, to read:
3 56417.1. An election called on the question of the
4 establishment of a subsidiary district which includes
5 inhabited territory within the bowidarie;; of the district
6 which is outside of the boundaries of the city, shall be
7 conducted so as to provide for separate elections within
8 the territory of the district included within the city, and
9 another election within the territory of the district
10 outside the city.
11 SEC. 2. Section 56421 of the Government Code is
12 amended to read:
13 56421. The board of supervisors shall adopt a
14 resolution confirming a prior order for the establishment
15 of a subsidiary district in the following cases:
16 (a) Where the only question submitted was upon the
17 establishment of a subsidiary district and a majority of the
18 votes cast thereon favored such establishment~.
19 (1) At an election called only within the district 1 er.
20 (2) At each election, where one election was called
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l within the district and another within the territory of the
2 city outside the· boundaries of said district.
3 (3) At each election, where one election was called
4 and held within the territory of the district which was also
5 within the city and another which was called in tern1ory
6 outside of the city.
7 (b) Where both the question of merger and the
8 question of the establishment of a subsidiary district were
9 submitted at an election called only within the distr.ct
10 and the results of such electioa were as follows:
11 (1) The question of establishment of l1 subsidiary
12 district was favored by a majority of the votes cast
13 thereon but the question of merger failed to be favored
14 by a majority of the votes cast thereon t .
15 (2} Both the question of merger and the question of
16 the establishment of a subsidiary district were favored by
17 a majority of the votes cast thereon but the question of
18 the establishment of a subsidiary district was favored by
19 a greater number of votes than was the question of
20 merger.
21 (c) Where both the question of merger and the
22 question of the establishment of a subsidiary district were
23 submitted at an election called within the district and at
24 another election called within the territory of the city
2.5 outside the boundaries of said district, and the results of
26 such elections were es follows:
2:1 ( 1} The question of the establishment of a subsidiary
28 district was favored by a majority of the votes cast
29 thereon at each of the respective elections, but the
30 question of merger failed to be favored by a majority of
31 the votes cast thereon at either one or both of such
32 elections t .
33 (2) Both the question of merger and the question of
34 the establishment of a subsidiary district were favored by
· 35 a majority of the votes cast thereon at each of the
36 respective elections, but the question of the
37 establishment of a subsidiary district was favored at both
38 such elections by a greater number of votes than was the
39 question of merger.
40 SEC. 3. Notwithstanding Section 6 of Article XIII B of
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AB3383 -4-
1 the California Constitution and Section 2231 or 2234 of )
2 the Revenue and Taxation Code, no appropriation is
3 made by this act for the purpose of making
4 reimbursement pursuant to these sections. It is
5 recognized, however, that a local agency or school
6 district may pursue any remedies to obtain
7 reimbursement available to it under Chapter 3 J
8 (commencing with Section 2201) of Part 4 of Division l
9 of that code.
10 SEC. 4. Notwithstanding Section 2231.5 of the
11 Revenue and Taxation Code, this act does not contain a
12 repealer, as required by that section; therefore, the
13 provisions of this act shall remain in effect unless and
14 until they are amended or repealed by a later enacted
15 act.
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~~ l""" CALIF IA LECISLATIJRE-191!.'3-84 REGULAR SFS5I( ,
ASSEMBLY BILL No.3384
Introduced by Assembly Member Farr
February 16, 1984
An act to amend Section 56401 of the Government Code,
relating to local agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 3384, as introduced, Farr. Cities: subsidiary districts:
mutual service agreements.
Existing law prescribes procedures for reorganizing an
existing district of limited powers as a subsidiary district of a
city to be governed by the city council. Such proceedings may
be initiated by the city when a change in the city boundaries
would encompass all or a specified portion of the existing
district.
This bill would prohibit a city from initiating such a
proposal during the time that a mutual services agreement
between the city and the district is in effect.
Vote: majority. Appropriation: no. Fiscal committee: ~o.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 56401 of the Government Code
2 is amended to read:
3 56401. A district of limited powers may be either
4 merged with or established as a subsidiary district of a city
5 in the manner provided in this chapter.
6 A city which has entered into a mutual service
1 agreement with a district of limitPd powers shall not,
8 while such agreement is in eHect, initiate a proposal to
9 establish the district as a subsidiary district of the city.
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CAUFO: l LEGISLATURE--198.1-Si REGULAR SE:&510!'
ASSEMBLY BILL No. 3385
Introduced by Assembly Member Farr
February 16, 1984
An act to add Section 56419.l to the Government Code,
relating to local agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 3385, as introduced, Farr. Cities: special districts.
( 1) Existing law prescribes proceedings for an existing
special district to be merged with, or reorganized as a
subsidiary district of, a city when the boundaries of the city
are changed to encompass all or a specified portion of the
district.
This bill would prohibit any new proposal for a merger or
establishment of a subsidiary district involving the same
district to be filed with a local agen~y formation commission,
on or after January l, 1985, within 5 years if the voters rejected
the initial proposal, but would permit the local agency
formation commission to waive the prohibition against new
proceedings if it finds the prohibition to be detrimental to the
public interest. The biJl's provisions would apply to all
proposals filed on or after January 1, 1980.
The bill would impose a state-mandated local program by
requiring a local agency formation commission to consider
whether or not it should waive the prohibition against the
filing of new proposals.
(2) Article XHi B of the Cdifornia Constitution and
Sections 2231 and 2234 of the Revenue and Taxation Code
require the state to reimburse local agencies 1µ1d school
districts for certain costs mandated by the state. Other
provisions require the Department of Firumce to review
statutes disclainuub these costs and provide, in certain cases,
AB 3385 -2-
for making claims to the State Board of Control for J
reimbursement.
This bill would provide that no appropriation is made by
this act for the purpose of making reimbursement pursuant to
the constitutional mandate or Section 2231 or 2234, but would
recog-,ilize that local agencies and school districts may pursue
their other available remedies to seek reimbursement for J
the~e costs.
(3} This bill would provide that, notwithstanding Section
2231.5 of the Revenue and Taxation Code, this act does not
contain a repealer, as required by that section; therefore, the
provisions of the act would remain in effect unless and until
they are amended or repealed by a later enacted act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
l SECTION 1. Section 56419.1 is added to the
2 Government Code, to read: -,
3 56419.1. If proceedings are terminated by failure of a J
4 majority of voters to confirm a resolution ordering
5 merger or establishment of a subsidiary district, no new
6 proposal for a merger or establishment of a subsidiary
7 district involving the same district may be filed with the )
8 commission on or after January 1, 1985, within five years
9 of the date of the 1 ~solution adopted by the board of
10 supervisors, pursuant to clause (ii) of Section 56419.
11 However, the commission may waive the provisions of
12 this section if it finds such provisions are detrimental to
13 the public interest. This section shall be applicable to all
14 proposals ftled and rejected by the voters pursuant to this
15 chapter on or after January 1, 1980.
16 SEC. 2. Notwithstanding Section 6 of Article XIII B of )
17 the California Constitution and Section 2231 or 2234 of
18 the Revenue and Taxation Code, 110 appropriation is
19 made by this act for the purpose of making
20 reimbursement pursuant to these sections. It is
21 recognized, however, that a local agency or school
22 district may pursue any remedies to obtain J
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1 rei.T.bursement avrufable to it under Chapter 3
2 (commencing with Section 2201) of Part 4 of Division 1
3 of lZ1~t code.
4 SEC. 3. Notwithstanding Section 2231.5 of the
5 Revenue and Taxation Code, this act does not contain a
6 repealer, as required by that section; therefore, the
7 provisions of this act shall remain in effect unless and
8 until they are amended or repealed by a later enacted
9 act.
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