BILL NUMBER: AB 544 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Coto
FEBRUARY 25, 2009
An act to add and repeal Section 6529.5 of the Government Code,
relating to joint powers agreements.
LEGISLATIVE COUNSEL'S DIGEST
AB 544, as introduced, Coto. Joint powers agreement: Tule River
Tribal Council.
The Joint Exercise of Powers Act authorizes 2 or more public
agencies, by agreement, to jointly exercise common powers and defines
public agencies for this purpose.
This bill would amend the act to authorize the Tule River Tribal
Council, as the governing body of the Tule River Indian Reservation
of California, a federally recognized Indian tribe to enter into a
joint powers agreement with the City of Porterville to create a joint
powers agency, known as the Porterville Airport Area Development
Authority (PAADA), for the sole purpose of developing approximately
1,200 acres of land in the vicinity of the Porterville Airport. The
bill would specify the membership of the PAADA's 5-member board and
require that all actions taken by PAADA be by an affirmative vote of
4 members of the board. The bill would authorize PAADA to take
various actions, including jointly planning land use, incurring debt,
making lease purchase arrangements, and issuing revenue bonds and
certificates of participation. The bill would prohibit PAADA from
authorizing or issuing bonds pursuant to the Marks-Roos Local Bond
Pooling Act of 1985, unless the funded public improvements will be
owned and maintained by PAADA or one or more public agency members,
and the revenue streams pledged to repay the bonds derive from PAADA
or one or more of its public agency members. The bill would repeal
its provisions on January 1, 2039.
This bill would state the findings and declarations of the
Legislature concerning the need for special legislation.
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. Section 6529.5 is added to the Government Code, to
read:
6529.5. (a) For purposes of this section the following
definitions shall apply:
(1) "PAADA" means the Porterville Airport Area Development
Authority created pursuant to subdivision (b).
(2) "Board" means the board of directors of PAADA created pursuant
to subdivision (c).
(b) The Tule River Tribal Council, as the governing body of the
Tule River Indian Reservation of California, a federally recognized
Indian tribe, may enter into a joint powers agreement with the City
of Porterville to create a joint powers agency, to be known as the
Porterville Airport Area Development Authority, for the sole purpose
of developing approximately 1,200 acres of land in the vicinity of
the Porterville Airport. The Tule River Tribal Council is deemed to
be a public agency for purposes of this chapter.
(c) (1) The board of directors of PAADA shall consist of two
members appointed by the city council of the City of Porterville, two
members appointed by the Tule River Tribal Council, and one member
appointed by the other four members.
(2) An action taken by PAADA shall require an affirmative vote of
at least four members of the board.
(d) PAADA may take any of the following actions:
(1) Jointly plan for land use.
(2) Adopt a specific plan for land use.
(3) Take action to implement the land use plan and specific plan,
including the adoption and enforcement of zoning ordinances.
(4) Receive fees in lieu of taxes that would be paid on behalf of
tribal lands included within the boundaries of PAADA if these lands
were not tribal lands.
(5) Use moneys from payments in lieu of taxes to provide services
deemed necessary by the board.
(6) Enter into leases.
(7) Incur debt with unanimous vote of the board, including making
lease purchase arrangements and issuing of revenue bonds and
certificates of participation based upon the revenues from fees
received in lieu of taxes on tribal lands, in accordance with the
requirements of subdivision (f).
(8) Adopt ordinances calling for the provision of services.
(9) Take action to enforce adopted ordinances.
(e) (1) Both of the following acts shall apply to PAADA:
(A) The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1).
(B) The Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Division 2 of Title 5).
(2) PAADA shall not use tribal nation status to avoid or
circumvent the requirements specified in paragraph (1) or any other
state law that otherwise applies to a local governmental agency.
(3) All meetings of PAADA shall be held at a site available to the
general public in full compliance with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Division 2 of Title 5).
(4) All records of PAADA shall be located and maintained at a site
available for inspection by the general public pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1).
(f) PAADA shall not issue bonds pursuant to the Marks-Roos Local
Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584)),
unless the public improvements to be funded by the bonds will be
owned and maintained by PAADA or one or more of its public agency
members, and the revenue streams pledged to repay the bonds derive
from the authority or its public agency member.
(g) Nothing in this section shall be construed as extending the
power of eminent domain to the Tule River Tribal Council or PAADA.
(h) This section shall remain in effect only until January 1,
2039, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2039, deletes or extends
that date.
SEC. 2. The Legislature finds and declares that, because of the
unique circumstances applicable only to the City of Porterville and
the Tule River Tribal Council, a statute of general applicability
cannot be enacted within the meaning of subdivision (b) of Section 16
of Article IV of the California Constitution. Therefore, this
special statute is necessary.