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HomeMy WebLinkAbout1984-04-24; City Council; 7725; Subsidiary District Legislationrg N •r-1 ~ @ r~ It) co ("1 C"'l ~ I t ~ '<:I' co C"'l l C"'l ~ C"'l CX) C"'l i M ~ N • t ~~ Mr-I i ,,-{ I :a! .Q ' .B:S l i l §~ ,I ' •ri I 4->·i •rl Ul ~ell o!i' ·.o ,g U) ill ~ ~ .8 ~\ .-I~ •oi § a, 8:S qt co I qt N I -==' 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 ·-·...:.~~--~.--:.. ) ' 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 , . ' 1 J ,, t i t 1 i l ! ' !. 'i J, \ I ,t i '.~ ; ·ii J ,, : 1 ~ •I ,t ,', ~ ?. :~ Q 2 • ., ,, ·., • ;i. J>.;.~ If' ..: :a-~ ' ~ • ... . . . . . '· ~ ~ .... ---"' ... ,, . ,. . ... -. " . ... ... . . . . . . ~ . ~ --' ·-... . . .. . . . . . --.. . ... -.,,_ . -· . ---~ ... (_ ( 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 ..3 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 98 go ( ' l ,-. -3-,.B3.'.)82 l chall tal,A "0 r. .... h.,.r ol'\tinn on thA n"Mm-o1 n .. n,,n .... 1 tn ..,....... ~"" •• • .,.,. •• • ..., .,.., ..,.. •• ·••-v• •oll~ t'• ''t'".,.,.. •v 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 99 uo 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. 0 ~ 130 ) ) C ( 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 Ga 100 J _) ) J ) ~-~ .. ~. •.·\: •,•:,·•,,•:. ~-> •;•' ,•,•~·:• ~. ·•··, •• . .-·•••-< ~ •·>•~•·•·•·:•--!.,,.,.:•,••--' • • ,'., •. • . ••,~••~ ~;I''..,••·•;•· : • ... ·: . . ... ... . ' .. C -3- 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 ; • -I 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. 0 99 130 ) J ' . ( ~~ 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. 0 99 50 ) . ~ ...... 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 98 90 (• ; ~· " '· ' .. , ' t ~ ! , ~ i l t 1 1 l. ( ( l ,--3- 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. 0 l I ' ! i