BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 46|
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THIRD READING
Bill No: AB 46
Author: John A. Pérez (D)
Amended: 6/28/11 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-3, 06/22/11
AYES: Wolk, DeSaulnier, Hancock, Hernandez, Kehoe, Liu
NOES: Huff, Fuller, La Malfa
ASSEMBLY FLOOR : 62-7, 04/28/11 - See last page for vote
SUBJECT : Local government: cities
SOURCE : Author
DIGEST : This bill establishes a uniform disincorporation
process for any city with a population of less than 150
persons as of January 1, 2010, and allows that city's
respective county board of supervisors to vote to continue
the existence of that city within the county's boundaries
in certain circumstances.
ANALYSIS : The California Constitution requires the
Legislature to "prescribe uniform procedure for city
formation and provide for city powers." The Constitution
also prohibits the annexation of a city to or consolidation
with another city without the approval of the city's
voters.
The Cortese-Knox-Hertzberg Act controls how local officials
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change the boundaries of cities and special districts,
putting local agency formation commissions (LAFCOs) in
control. LAFCOs' boundary decisions must be consistent
with "spheres of influence" which LAFCOs adopt to show the
future boundaries and service areas of the cities and
special districts. Before LAFCOs can adopt their spheres
of influence, they must prepare "municipal service reviews"
which review population growth, public facilities, and
service demands.
Besides the more common annexations to cities and special
districts, LAFCOs also control city incorporations,
consolidations, and disincorporations as well as special
district formations, consolidations, and dissolutions.
This bill disincorporates every city that had fewer than
150 people as of January 1, 2010.
This bill exempts these disincorporations from specified
provisions of the Cortese-Knox-Hertzberg Act. The bill
specifically applies the Act's provisions for terms and
conditions for disincorporated cities. This bill requires
LAFCO to oversee these conditions. This bill allows LAFCO
to enforce its provisions with writs of mandate.
The bill allows a county board of supervisors to continue a
city in existence if the board determines within 90 days of
the bill's effective date that continuing the city would
serve a public purpose. The board must find that the city
is in an isolated, rural location that makes it impractical
for residents to organize another form of local governance.
If the board meets these conditions, the city will not
disincorporate.
This bill is contingent upon the enactment of AB 781 (J.
Perez).
Comments
This bill establishes a uniform disincorporation process
for any city with a population of less than 150 persons as
of January 1, 2010, according to the Department of
Finance's official records. The disincorporated territory
would then become part of the county unincorporated area,
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unless the county board of supervisors votes to continue
the city in existence because the city meets specified
conditions in the bill. If the disincorporation carries,
the county's LAFCO would be responsible for the unwinding
of the former city's affairs and debts.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/28/11)
Adult Day Health Care Association
Bienestar
Central City Association
City of Los Angeles
City of Maywood
Coalition for Clean Air
Common Cause
Communications Workers of America, Local 9000
Communities for a Better Environment
County of Kern
County of Los Angeles
Huntington Park City Councilman Andy Molina
Huntington Park City Councilman Elba Guerrero
LA Voice PICO
Latino Business Chamber of Greater Los Angeles
Los Angeles County Sheriff's Department
Monica Garcia, President of the Los Angeles Unified School
District Board
Mayor of the City of Fresno
Mayor of the City of Los Angeles
Mayor of the City of Santa Ana
Mona Field, Los Angeles Community College Board of Trustees
Mothers of East Los Angeles
Mujeres de la Tierra
Nancy Pearlman, Los Angeles Community College Board of
Trustees
National Association of Women Business Owners
Service Employees International Union
William C. Velasquez Institute
Richard Polanco, Chairman of the California Legislative
Latino Institute for Public Policy
OPPOSITION : (Verified 6/28/11)
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All American Manufacturing
AmeriPride Uniform Services
Baker Commodities
Bandini Truck Terminal
Ben's General Store
Berney-Karp Inc.
Bricklayers & Allied Craftworkers, Local 4
Brotherhood of Locomotive Engineers & Trainmen
California Contract Cities Association
California Labor Federation
California Manufacturers & Technology Association
California Teamsters Public Affairs Council
Cargill Meat Solutions
Castle & Cooke Cold Storage
Charlie's Pride Meats
City of Cerritos
City of Vernon
Clean Foods, Inc.
Coast Packing
Command Packaging
Cooperative Purchasers
CR Laurence Company
Crown Poly, Inc.
Culver City Meat Company
Douglas Steel Company
Epic Textiles, Inc.
F. Gaviña & Sons, Inc.
Farmer John Meats
Food Industry Business Roundtable
Golberg and Solovy Foods, Inc.
Hercules Forwarding, Inc.
IBEW, Local 47
International Association of Machinist and Aerospace
Workers, Local 947
Jobbers Meat Packing Company, Inc.
Kal Plastics/Tom York Enterprises
King Meat, Inc.
L.A. Washrack
League of California Cities
Los Angeles Area Chamber of Commerce
Los Angeles County Business Federation
Los Angeles County Federation of Labor
Los Angeles/Orange Counties Building and Construction
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Trades Council
Marantz & Associates
Mt. Vernon Industrial
Nai Capital
National Meat Association
Neptune Foods
Overhill Farms
PABCO Paper
Pacific Coast Coffee Association
Papa Cantella's, Inc.
Petrelli Electric
Preferred Freezer
ProCases, Inc.
Purchase Environment Consulting & Analytics, LLC
Rehrig Paper Company
Rite-Way Meat Packers, Inc.
Rose and Shore
Rose Meat Services, Inc.
Sir Speedy
Square H Brands, Inc.
Steel Services Company
Sweetner Products
T & T Foods, Inc.
Teamsters Joint Council 7
Teamsters Joint Council 42
Teamsters, Local 63
Teamsters, Local 572
Teamsters, Local 848, Division 56
Teamsters, Local 986
The Ligature
Tom Anderson of Morgan Stanley
Tool & Abrasive Supply, Inc.
True World Foods Los Angeles, LLC
U.S. Growers Cold Storage, Inc.
UFCW, Local 770
Union Ice Company
United Association of Journeymen and Apprentices of the
Plumbing and Pipe
Fitting Industry of the United States and Canada, Local 345
United Food Group, Inc.
United Steel Fence Company
United Transportation Union
Valley Industry & Commerce Association
Vernon Chamber of Commerce
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Vernon Police Officers' Benefit Association
Vivion Inc.
Walters Wholesale Electric
Wayne Provision Company
West Coast Protective League, Glass Molders, Pottery,
Plastic International Union
Yonekyu USA, Inc.
ARGUMENTS IN SUPPORT : According to the author's office,
smaller cities often lack the needed checks and balances
that all levels of government deserve. When the population
is so small, the burden of monitoring government activities
falls on the few and therefore no real protections exist.
Additionally, cities with very small populations may face
political instability because there are too few residents
to support the government, and this may contribute to
public corruption, voter fraud, and stalled growth.
ARGUMENTS IN OPPOSITION : The City of Vernon argues that
this bill will have a harmful impact on the city employees
and private business located in Vernon. The California
Teamsters Public Affairs Council states that Vernon is an
industrial city and is set up to serve industrial
enterprises in an efficient and cost effective way. The
Teamsters argues that Vernon's energy prices are far lower
in comparison to other service providers, and Vernon has
one of the few specialized hazardous materials trained fire
department, which has led to lower fire insurance rates.
Additionally, the California Contract Cities Association
believes that this bill is "an attempt to usurp the
authority of a city to exercise local control over planning
and land use decisions" and that the bill's precedent could
potentially "impact any city in California should the
Legislature wish to impose its misguided authority in the
future."
ASSEMBLY FLOOR : 62-7, 04/28/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Cook, Davis, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Halderman, Hall, Hayashi, Roger Hernández,
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Hill, Huber, Hueso, Huffman, Jeffries, Lara, Bonnie
Lowenthal, Ma, Miller, Mitchell, Monning, Nestande,
Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Torres, Wieckowski,
Williams, Yamada, John A. Pérez
NOES: Conway, Donnelly, Grove, Hagman, Mansoor, Morrell,
Swanson
NO VOTE RECORDED: Garrick, Gorell, Harkey, Jones, Knight,
Logue, Mendoza, Nielsen, Valadao, Wagner, Vacancy
AGB:nl 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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