BILL ANALYSIS Ó
AB 1362
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CONCURRENCE IN SENATE AMENDMENTS
AB
1362 (Gordon)
As Amended August 2, 2016
Majority vote
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|ASSEMBLY: |56-15 |(January 27, |SENATE: |30-5 |(August 18, |
| | |2016) | | |2016) |
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Original Committee Reference: L. GOV.
SUMMARY: Establishes an alternative appointment process for the
San Mateo County Mosquito and Vector Control District's
governing board.
The Senate amendments:
1)Narrow the provisions of the bill to establish an alternate
appointment process for the Board of Trustees of the San Mateo
County Mosquito and Vector Control District (District).
2)Authorize the District's Board to be appointed,
notwithstanding existing law which governs the appointments of
a board of trustees, as follows:
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a) The San Mateo County Board of Supervisors (Board of
Supervisors) shall appoint two trustees; and,
b) The city selection committee in San Mateo County (city
selection committee) shall appoint one trustee from each
county supervisorial district, as specified.
3)Provide that the alternate appointment process may only be
used if a majority of the city councils and the Board of
Supervisors in San Mateo County adopt respective resolutions
approving the change in the District board's composition.
4)Require, upon adoption of the resolution in 3) above, the city
council or Board of Supervisors to forward a copy of the
resolution to the local agency formation commission (LAFCO).
Require the LAFCO to adopt procedures for the reorganization
of District's Board, and to notify the District and the city
selection committee.
5)Find and declare that a special law is necessary and that a
general law cannot be made applicable within the meaning of
the California Constitution because of the unique
circumstances in San Mateo County with regard to identifying
trustees and providing sufficient oversight of district
operations.
6)State that if the Commission on State Mandates determines that
this bill contains costs mandated by the state that
reimbursement to local agencies shall be made pursuant to
existing law.
EXISTING LAW:
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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 formation, in a district that is
located entirely within a single county and contains both
incorporated and unincorporated territory, as follows: a) the
board of supervisors may appoint one person to the board; and,
b) the city council of each city that is located in whole or
in part within the district may appoint one person to the
board.
3)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 the
board of supervisors order the increase or decrease.
AS PASSED BY THE ASSEMBLY, this bill authorized a city selection
committee to make appointments to the board of trustees of
specified mosquito abatement and vector control districts,
subject to specified requirements.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
1)Background. There are 65 mosquito abatement and vector
control districts in California. Mosquito abatement and
vector control districts stand as guardians against epidemics,
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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.
The District serves the entire county, which contains 20
cities, and is governed by a 21-member board of trustees. In
recent years, concerns have been raised regarding the
District's management and oversight. In 2011, two employees
in the District's finance department faced criminal charges
for embezzling hundreds of thousands of dollars of district
funds. A subsequent civil grand jury report criticized the
District's manager and board of trustees for a lack of
oversight. In 2012, the San Mateo County Local Agency
Formation Commission considered, but did not approve, a
proposal to change the District's sphere of influence to allow
for the District's dissolution and consolidation with the
County.
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. For example in a mosquito and vector
control district located in a single county which contains
unincorporated and incorporated territory the board of
supervisors is authorized to make one appointment and each
individual city is authorized to make one appointment. This
leads to a large variation in the size of a mosquito abatement
and vector control district board of trustees.
Senate amendments establish an alternate appointment process
for the Board of Trustees of the San Mateo County Mosquito and
Vector Control District. This bill authorizes the Board of
Supervisors to appoint two trustees and the city selection
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committee to appoint one trustee from each county
supervisorial district. This bill prohibits the city
selection committee from appointing two trustees from the same
city. A majority of legislative bodies, which include the
city councils in San Mateo County and the Board of
Supervisors, must adopt a resolution to approve the change in
board composition.
3)Prior Legislation. AB 991 (Devore) of 2005, would have
reduced the size of the Orange County Vector Control
District's board of trustees, and would have required the
county board of supervisors to appoint one trustee and the
city selection committee to appoint 10 members, as specified.
AB 991 failed passage in the Local Government Committee.
4)Arguments in Support. Supporters argue that this bill would
allow San Mateo County to move forward with a more efficient
and leaner governing body without reimaging or dismantling the
District. Additionally supporters argue that this bill allows
for all of the cities to make an independent determination
about the change in composition to the District's Board.
5)Arguments in Opposition. None on file.
Analysis Prepared by:
Misa Lennox / L. GOV. / (916) 319-3958 FN:
0003904
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