BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1362


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          Date of Hearing:   January 13, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                              Brian Maienschein, Chair


          AB 1362  
          (Gordon) - As Amended January 4, 2016


          SUBJECT:  Mosquito abatement and vector control districts: board  
          of trustees: appointment of members.


          SUMMARY:  Establishes an appointment process for the board of  
          trustees of a mosquito abatement and vector control district  
          that is located within a single county and contains both  
          incorporated territory, including every city in the county, and  
          unincorporated territory, as specified.  Specifically, this  
          bill:  


          1)Requires, within 30 days of formation, the board of trustees  
            of a mosquito abatement and vector control district that is  
            located entirely within a single county and contains both  
            incorporated territory, including every city within the  
            county, and unincorporated territory to be appointed as  
            follows:  


             a)   Authorizes the county board of supervisors to appoint  
               one person;  


             b)   Authorizes a city selection committee to appoint up to  
               the total number of trustees as there are incorporated  








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               cities within the district; and,  


             c)   Requires the board of supervisors to appoint additional  
               trustees, if the appointments listed in a) and b), above,  
               result in a less than five-member board.  


          2)Makes other technical changes.  


          EXISTING LAW:   


          1)Establishes the Mosquito Abatement and Vector Control District  
            Law, which requires a legislative body of at least five  
            members known as the board of trustees to govern every  
            mosquito abatement and vector control district.  



          2)Requires a board of trustees to be appointed within 30 days  
            after the effective date of the formation of a district, as  
            follows:



             a)   In a district that is located in a single county and  
               contains only unincorporated territory, the board of  
               supervisors shall appoint five persons to the board of  
               trustees;



             b)   In a district that is located entirely within a single  
               county and contains both incorporated territory and  
               unincorporated territory, the board of supervisors may  
               appoint one person to the board of trustees, and the city  
               council of each city that is located in whole or in part  








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               within the district may appoint one person to the board of  
               trustees;



             c)   In a district located in more than one county that  
               contains only unincorporated territory, the board of  
               supervisors of each county may appoint one person to the  
               board of trustees; and,



             d)   In a district located in two or more counties and  
               contains both incorporated territory and unincorporated  
               territory, the board of supervisors of each county may  
               appoint one person to the board of trustees and the city  
               council of each city located whole or part in within the  
               district may appoint one person to the board of trustees.  



          3)Specifies that each trustee appointed by a board of  
            supervisors or a city council must be a voter in the area that  
            is appointing them and a resident of the portion of the area  
            they are representing.  



          4)Authorizes a board of trustees to adopt a resolution  
            requesting that the board of supervisors of any county that  
            contains territory within the district to increase or decrease  
            the number of members on the board of trustees who represent  
            the unincorporated territory of that county, and requires that  
            within 60 days of receiving the resolution the board of  
            supervisors order the increase or decrease.  



          5)Requires that a city selection committee be created by the  








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            mayors in any county in which two or more cities are  
            incorporated for the purpose of appointing city  
            representatives to boards, commissions, and agencies as  
            required by law, the membership of which shall consist of the  
            mayor of each city within the county.  



          FISCAL EFFECT:  None


          COMMENTS:   


          1)Mosquito Abatement and Vector Control Districts.  There are 65  
            mosquito abatement and vector control districts in California.  
             Mosquito abatement and vector control districts stand as  
            guardians against epidemics, public health emergencies, and  
            economic disasters.  These districts have a long history of  
            applying science to counter public health threats, and  
            continue to do so as Californians face threats like the West  
            Nile virus.  



            In 2002, the Senate Local Government Committee appointed a  
            "Working Group on Revising the Mosquito Abatement District  
            Law" to update the law which had not undergone a comprehensive  
            review since 1939.  The working group agreed to maintain the  
            method of appointing trustee boards, but changed the method  
            for increasing or decreasing the size of boards.  Due to the  
            rewrite in 2002, current law authorizes a board of trustees to  
            change a board's size by directing a county board of  
            supervisors to increase or decrease the number of trustees  
            representing the unincorporated area of the county.  The  
            working group rejected draft language that would have allowed  
            the underlying city councils and county board of supervisors  
            to trigger changes in the size of the board of trustees.  









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          2)Bill Summary.  Existing law establishes an appointment process  
            for a mosquito abatement and vector control district, which  
            must be done within 30 days of the effective date of  
            formation.  Each district must have at least five trustees;  
            however the appointment process established by current law  
            determines city and county appointments based on the territory  
            contained in the district.  If a district includes a part of a  
            city or county, that respective governing body is authorized  
            to make an appointment.  This leads to a large variation in  
            the size of a mosquito abatement and vector control district  
            board of trustees.  


            This bill establishes an appointment process for a newly  
            formed mosquito and vector control district that has all of  
            the following characteristics: a) the district is located in a  
            single county; b) the district contains incorporated  
            territory, including every city in the county; and, c) the  
            district contains unincorporated territory.  Under the  
            appointment process established by this bill, the county board  
            of supervisors may appoint one person to the board of  
            trustees, and the city selection committee to appoint up to  
            the total number of trustees as there are incorporated cities  
            within the county.  


          3)Author's Statement.  According to the author, "Unlike most  
            special districts, which are typically governed by five-member  
            boards, mosquito abatement districts can have very large  
            governing boards due to this structural appointment process.   
            For instance, in San Mateo County there are 20 incorporated  
            cities, and in Orange County there are 34 cities.  The  
            addition of one representative from the board of supervisors  
            results in a very large board composition for these counties -  
            21 members in San Mateo and 35 in Orange County. 








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            "This existing appointment process is suitable for some  
            mosquito and vector control districts that are smaller in  
            size; however, the over 50 mosquito districts throughout the  
            state are all different.  Large boards are more difficult to  
            manage efficiently and less transparent. Appointees to a  
            mosquito district board serve either two or four year terms,  
            calling for regular reappointments or replacements.  Many  
            cities struggle to identify and vet candidates in a timely  
            manner from a small pool of individuals.  This results in  
            consistent vacancies and significant turnover.  


            "AB 1362 would grant a mosquito abatement district which has  
            countywide boundaries the option to utilize its existing city  
            selection committee to appoint Trustees to the district,  
            rather than each city council doing so independently.  This  
            reduces pressure on each individual city to appoint a  
            representative, and increases collaboration between  
            neighboring cities by authorizing the city selection committee  
            to make shared decisions on local governance.  Additionally,  
            AB 1362 would provide the city selection committee with the  
            ability to determine the size of the mosquito district board.   
            This process adds an additional level of oversight and  
            accountability to the appointment process, while retaining the  
            city councils' authority to appoint members.  Other benefits  
            include reducing the costs associated with meeting expenses  
            and stipends for each member's service, streamlining board  
            communication, reducing duplicative work, and providing more  
            transparency on the Board's representation and  
            decision-making."   


          4)Policy Considerations.  The Committee may wish to consider the  
            following in order to better align the Author's stated intent  
            with the language contained in the bill:   










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             a)   If the author's intent is to provide mosquito abatement  
               and vector control districts with the option to use a city  
               selection committee process to determine city appointments,  
               the Committee may wish to make the provisions of this bill  
               clearly permissive.  


             b)   If the author's intent is to allow existing districts to  
               use this new appointment method, then the Committee may  
               wish to make that clear in the provisions of the bill.  


             c)   If the author's intent is to allow for a decrease in the  
               size of an existing board of trustees, the Committee may  
               wish to consider the following:  


               i)     What will the process be to determine if a city  
                 selection committee will make the city appointments and  
                 which governing body will make that determination?   
                 Current law grants flexibility to a board of trustees to  
                 change the size of a board by ordering an increase or  
                 decrease to the number of trustees representing the  
                 unincorporated area of a county.  The author may wish to  
                 consider the role trustee boards should have in  
                 determining the size of their board given this provision  
                 in current law.  


               ii)    Will there be adequate representation among cities?   
                 The Committee may wish to ensure that there will be  
                 adequate representation among all cities, especially if  
                 the number of city appointments is less than the number  
                 of cities within the district.  The city selection  
                 committee process for some special districts requires  
                 appointments to alternate between cities or guarantees  
                 seats among geographic groupings to ensure diverse and  
                 fair representation.  









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               iii)   Is there evidence of a statewide problem?  This bill  
                 affects districts that are located in a single county and  
                 contain incorporated territory, including every city  
                 within the county, and unincorporated territory.  There  
                 are an estimated 10 districts in the state in this  
                 category.  


          5)Prior Legislation.  AB 991 (Devore) of 2005 would have reduced  
            the size of the Orange County Vector Control District's board  
            of trustees to 11 members, and would have required the Orange  
            County Board of supervisors to appoint one trustee and the  
            Orange County City Selection Committee to appoint ten members,  
            as specified.  AB 991 failed passage in this Committee.  


          6)Arguments in Support.  According to Supervisor Don Horsley,  
            "In San Mateo County, the existing countywide mosquito  
            abatement district is comprised of 21 members - one  
            representative from the Board of Supervisors and one  
            representative from each of the 20 cities in the county.  This  
            is a very large board that can be difficult to manage and  
            challenging for each jurisdiction to keep consistently filled  
            with trustees.  For instance, our board currently has four  
            vacant seats.  In addition, the recent history of the San  
            Mateo County Mosquito District proved that a larger board does  
            not necessarily offer greater oversight.  Rather than  
            completely overhauling the governance structure of this  
            special district, creating the option of having a more focused  
            representative board could produce a more effective management  
            tool.  In San Mateo County, I believe the appointment process  
            outlined in AB 1362 would be a good fit for the board of  
            trustees of the mosquito and vector control district."  


          7)Arguments in Opposition.  According to the Mosquito and Vector  
            Control Association of California, "The nexus of this proposal  
            is reported to come from San Mateo County's concerns with the  








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            size of its district's board of trustees.  However, as a  
            statewide association comprised of over 60 member agencies,  
            including many large urban districts with diverse populations,  
            our members have not raised concerns as to the size of their  
            board of trustees.  In fact, 2015 marks the centennial  
            anniversary of the creation of mosquito control districts in  
            California, and we believe that the addition of a city  
            selection process for trustee appointments is not necessary.   
            As we continue to work with you on your concerns related by  
            the San Mateo County Board of Supervisors, we believe that the  
            issues in that specific county and district should be  
            addressed on their own, as opposed to opening a governance  
            structure that would be statewide."  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Supervisor Don Horsley, San Mateo County, 3rd District


          Trustee Joe Galligan, San Mateo County Mosquito and Vector  
          Control District




          Opposition


          Mosquito and Vector Control Association of California


          Individual letter








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          Analysis Prepared by:Misa Lennox / L. GOV. / (916) 319-3958