Amended in Senate June 22, 2016

Amended in Assembly January 19, 2016

Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1362


Introduced by Assembly Member Gordon

February 27, 2015


An act to add Section 2021.5 to the Health and Safety Code, relating to pest abatement.

LEGISLATIVE COUNSEL’S DIGEST

AB 1362, as amended, Gordon. begin deleteMosquito abatement and vector control districts: board of trustees: appointment of members. end deletebegin insertSan Mateo County Mosquito and Vector Control District: board of trustees: appointment of members.end insert

Existing law, the Mosquito Abatement and Vector Control District Law, specifies the procedures for district formation, the procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes the board of supervisors to appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district to appoint one person to the board of trustees, in the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory.

begin insert

This bill would authorize a change in the appointment of the board of trustees of the San Mateo County Mosquito and Vector Control District. If a majority of the legislative bodies that include the city councils in, and the Board of Supervisors of, the County of San Mateo adopt resolutions approving the change in board composition and forward a copy of the resolution to the local agency formation commission, the commission is required to adopt procedures for the reorganization of the board of trustees of the San Mateo County Mosquito and Vector Control District. The bill would require the San Mateo County Board of Supervisors to appoint 2 trustees and would require the city selection committee in the County of San Mateo to appoint one trustee from each county supervisorial district pursuant to this method of appointment. By imposing new duties on the local agency formation commission, the bill would impose a state-mandated local program.

end insert
begin insert

The bill would make legislative findings and declarations as to the necessity for a special law.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
begin delete

This bill would authorize a city council, located in an existing or newly formed district as specified above, to adopt a resolution requesting that appointments of persons to the board of trustees instead be made by a city selection committee, established pursuant to specified provisions of law, and conditioned upon a majority of authorized city councils adopting their respective resolutions. This bill would authorize the city selection committee to decrease the total number of appointments to be made by the committee if a majority of city councils within the district make this request in their respective resolutions. This bill would prohibit the total number of appointments made by the committee from exceeding the number of incorporated cities that are located in whole or in part within the district, and would prohibit those appointments from affecting the appointments made by the board of supervisors.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2021.5 is added to the end insertbegin insertHealth and Safety
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert2021.5.end insert  

(a) Notwithstanding Section 2021, the Board of
4Trustees of the San Mateo County Mosquito and Vector Control
5District may be appointed as follows:

6
(1) The San Mateo County Board of Supervisors shall appoint
7two trustees.

8
(2) The city selection committee in the County of San Mateo,
9established pursuant to Article 11 (commencing with Section
1050270) of Chapter 1 of Part 1 of Division 1 of Title 5 of the
11Government Code, shall appoint one trustee from each county
12supervisorial district.

13
(b) This section shall apply only if a majority of the legislative
14bodies that include the city councils in, and the Board of
15 Supervisors of, the County of San Mateo adopt resolutions
16approving the change in board composition.

17
(c) Upon adoption of a resolution pursuant to subdivision (b),
18the city council or board of supervisors shall forward a copy of
19the resolution to the local agency formation commission. If a
20majority of the legislative bodies that include the city councils in,
21and the Board of Supervisors of, the County of San Mateo adopt
22a resolution, the local agency formation commission shall adopt
23procedures for the reorganization of the board of trustees and
24notify the San Mateo County Mosquito and Vector Control District
25and the city selection committee in the County of San Mateo.

end insert
26begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
27is necessary and that a general law cannot be made applicable
28within the meaning of Section 16 of Article IV of the California
29Constitution because of the unique circumstances in the County
30of San Mateo with regard to identifying trustees and providing
31sufficient oversight of district operations.

end insert
32begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.

end insert
begin delete37

SECTION 1.  

Section 2021.5 is added to the Health and Safety
38Code
, to read:

P4    1

2021.5.  

(a) A city council that is authorized to appoint one
2person to the board of trustees of a district, pursuant to subdivision
3(b) of Section 2021, may adopt a resolution requesting that
4appointments instead be made by a city selection committee,
5established pursuant to Article 11 (commencing with Section
650270) of Chapter 1 of Part 1 of Division 1 of Title 5 of the
7Government Code.

8(b) This section shall only apply if a majority of city councils
9that are located within the district and are authorized to appoint a
10person to the board of trustees adopt their respective resolutions
11pursuant to this section. This section shall apply to existing and
12newly formed districts as defined in subdivision (b) of Section
132021.

14(c) The city selection committee described in subdivision (a)
15may decrease the total number of appointments to be made by the
16committee if a majority of city councils within the district make
17this request in their respective resolutions. The total number of
18appointments made by the committee shall not exceed the number
19of incorporated cities that are located in whole or in part within
20the district.

21(d) The appointments made by the city selection committee
22shall not affect the appointments made by the board of supervisors
23pursuant to subdivision (b) of Section 2021.

end delete


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