BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1236|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 1236
          Author:   Hernandez (D) 
          Amended:  3/28/16  
          Vote:     21 

           SENATE GOVERNANCE & FIN. COMMITTEE:  5-0, 4/13/16
           AYES:  Hertzberg, Beall, Hernandez, Lara, Pavley
           NO VOTE RECORDED:  Nguyen, Moorlach

           SENATE APPROPRIATIONS COMMITTEE:  5-1, 5/27/16
           AYES: Lara, Beall, Hill, McGuire, Mendoza
           NOES: Bates
           NO VOTE RECORDED: Nielsen
           
           SUBJECT:   Local government


          SOURCE:    Author


          DIGEST:  This bill enacts statutes governing the City of  
          Industrys city-owned housing occupancy, annual audits, city  
          councilmembers compensation, and contracting practices.


          ANALYSIS:  


          Existing law:


          1)Allows cities that adopt charters to control their own  
            "municipal affairs."  In all other matters, charter cities  
            must follow the general, statewide laws.









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          2)Imposes requirements, pursuant to the Public Contract Code, on  
            contracts between cities and their contractors or  
            subcontractors.


          3)Specifies that the Public Contract Code's provisions apply to  
            charter cities unless there is an express exemption or a  
            charter city ordinance or regulation that is in direct  
            conflict with the code.  


          This bill:


          1)Imposes the following requirements on a city that is  
            incorporated to promote commerce and industry, is located  
            wholly within the County of Los Angeles, and had no  
            residentially zoned land within its boundaries as of January  
            1, 1992:


             a)   No more than 5 percent of the city's total city-owned  
               housing may be occupied by:


               i)     Employees or officers of the city, including the  
                 family of employees or officers of the city.


               ii)      Persons that contract with the city, including  
                 employees of persons or companies that contract with the  
                 city, and including the family of persons who contract  
                 with the city and the family of employees of persons or  
                 companies that contract with the city.


             b)   The city must make an annual disclosure of all property  
               owned by the city, wherever that property is situated.


             c)   The city must conduct an annual audit that utilizes  








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               internal control components and elements based on the  
               guidelines established by the Government Accountability  
               Office's Internal Control Management and Evaluation Tool.   
               The city must substantially comply with those guidelines.


             d)   Compensation for service on the city council must not  
               exceed $1,000 per month.


             e)   The California Public Contract Code must apply to  
               contracts entered into by the city, including contracts for  
               the provision of waste collection and management services,  
               notwithstanding existing law that applies the Public  
               Contract Code's provisions to charter cities only in the  
               absence of an express exemption or a city charter provision  
               or ordinance that conflicts with the relevant provision of  
               the Public Contract Code.


          2)Specifies that the above requirements remain in effect only  
            until January 1, 2028.


          3)Contains legislative findings and declarations relating to  
            concerns about corruption in small charter cities.


          Background


          Encompassing an area of nearly 12 square miles in southeastern  
          Los Angeles County, the City of Industry is a charter city which  
          incorporated in 1957 for the purpose of promoting commerce and  
          industry.  The City is governed by a city council comprised of  
          five members who serve four year terms.  Councilmembers are  
          subject to at-large elections, although the City has rarely had  
          to hold competitive elections.  With approximately 440  
          residents, the City accommodates very little residential housing  
          within its boundaries.










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          For many years, the City of Industry's government has attracted  
          attention over allegations of corruption, misspending, and  
          mismanagement.  Just last year, an internal city audit  
          reportedly found that the city had paid more than $300 million  
          to companies owned by the city's former mayor and his relatives  
          and that the payments were often not supported by accurate  
          invoices or other documentation.  In response, the Los Angeles  
          County Board of Supervisors unanimously approved a resolution  
          calling upon for the District Attorney to investigate possible  
          fraud, corruption and illegal activity by Industry's former  
          Mayor and City Council.  The Board's resolution also requested  
          the State Controller to conduct an audit of the city's  
          government transactions and contracts.  In January, 2016, after  
          conducting a review in the City of Industry, the Controller's  
          Office released a report on its findings, which included  
          widespread deficiencies in the city's internal controls,  
          questionable expenditures, inadequate oversight of financial and  
          operational activities, and irregular compensation and personnel  
          practices. 


          These reports raise concerns about a lack of honesty, fairness,  
          and accountability in how the City of Industry is governed.  In  
          response, some state elected officials want to impose limits on  
          city officials' discretion over matters that include city  
          council compensation, city contracting procedures, and the use  
          of city owned housing by city officials and their relatives.


          Comments


          Purpose of the bill.  After auditing the City of Industry's  
          administrative and internal controls last year, the State  
          Controller reported finding pervasive deficiencies in the City's  
          accounting practices.  The Controller's staff found that 67 the  
          79 control elements evaluated pertaining to the City of  
          Industry's internal controls were considered inadequate.  None  
          of the City's 16 evaluated control elements relating to  
          integrity and ethical value, commitment to competence, and  
          management oversight and control were found to be adequate.  The  
          Controller's review "identified numerous contracts and  








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          transactions that, at least in appearance, raised questions  
          about City Council's lack of due diligence, including potential  
          conflicts of interest and favoritism."  Although City officials  
          are working to correct many of the problems identified in the  
          Controller's report, other concerns about the City's governance  
          remain unresolved.  The District Attorney's office is reportedly  
          investigating the City's contracting practices.  A June 2, 2015  
          city council election also generated controversy by placing  
          three new members on the council who immediately replaced the  
          city manager and city attorney who had worked for the previous  
          council.  Ongoing uncertainty about the integrity, stability,  
          and honesty of the City of Industry's government is not good for  
          city residents or for the businesses located within the City.   
          The questions raised about the City's government also cast a  
          broader shadow of mistrust over municipal government in general.  
           This bill is a reasonable and targeted response to these  
          problems.  This bill imposes a few common-sense restrictions on  
          City of Industry practices that are raising concerns among  
          auditors, law enforcement professionals, and members of the  
          general public.


          Charter city.  The California Constitution allows cities that  
          adopt charters to control their own "municipal affairs."  In all  
          other matters, charter cities must follow the general, statewide  
          laws.  Because the Constitution doesn't define "municipal  
          affairs," the courts determine whether a topic is a municipal  
          affair or whether it's an issue of statewide concern.  Despite  
          the fact that the City of Industry is a charter city, this bill  
          says that its statutory provisions apply to the City.  To  
          support this assertion, this bill includes a legislative finding  
          and declaration that having an open, honest, and transparent  
          government is a matter of statewide concern, and not a municipal  
          affair.  Ultimately, the courts may decide whether this bill's  
          provisions can apply to a charter city.  To avoid any  
          uncertainty about whether City of Industry can be subject to  
          general law restrictions, it would be necessary to amend the  
          California Constitution.  For example, until voters approved a  
          1970 constitutional amendment proposed by the California  
          Constitution Revision Commission (Proposition 2), the  
          Constitution did not allow cities with a population of less than  
          3,500 residents to become charter cities.  Restoring this  








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          population threshold in the Constitution would guarantee that  
          the City of Industry could be subjected to greater regulation  
          under state law.


          Impairment of contract.  This bill caps, at five percent, the  
          share of City owned housing that can be occupied by city  
          employees, city officers, or their relatives.  It is unclear  
          whether, if the bill becomes law, the City would be required to  
          evict current occupants of city owned housing in order to comply  
          with the new cap.  Article I, Section 9 of the California  
          Constitution prohibits the Legislature from passing laws that  
          impair obligation of contracts.  To the extent that current  
          occupants of city-owned housing entered into lease agreements  
          with the City, state law may not be able to force the city to  
          break the terms of those leases.  To clarify the intended effect  
          of the 5% cap, the Legislature could consider specifying that  
          the cap will apply to city owned housing only after current  
          leases on those houses expire.


          Mandate. The California Constitution requires the state to  
          reimburse local governments for the costs of new or expanded  
          state mandated local programs.  Because SB 1236 imposes new  
          duties on City of Industry officials, Legislative Counsel says  
          that it imposes a new state mandate.  SB 1236 requires the state  
          to reimburse local agencies if the Commission on State Mandates  
          determines that the bill imposes a reimbursable mandate.


          Special legislation.  The California Constitution prohibits  
          special legislation when a general law can apply (Article IV,  
          §16).  SB 1236 contains findings and declarations explaining the  
          need for legislation that applies only to the City of Industry.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, unknown  
          mandate costs, potentially in the range of $50,000 to $150,000  
          annually until 2028, related to requirements to conduct annual  








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          audits and provide annual disclosures of city-owned property  
          (General Fund).  Actual state-reimbursable costs would be  
          contingent upon the filing of a successful mandate claim with  
          the Commission on State Mandates, and a determination by the  
          Commission that specific duties constitute a new program or  
          higher level of service that warrants state reimbursement.


          SUPPORT:   (Verified5/26/16)


          None received


          OPPOSITION:   (Verified5/26/16)


          City of Industry


          ARGUMENTS IN SUPPORT: This bill's proponents argue that a  
          pattern of mismanagement, ethically questionable  
          decision-making, and possible corruption in the City of Industry  
          violates the trust residents place in city officials, leads to  
          wasteful misuse of public funds, and generally undermines public  
          confidence in government.  Proponents argue that protecting  
          open, honest, and transparent government is a matter of  
          statewide concern which justifies placing statutory restrictions  
          on the City of Industry's housing, compensation, and contracting  
          practices.                


          ARGUMENTS IN OPPOSITION:     Opponents of this bill argue that  
          the issues addressed by the bill are municipal affairs which  
          cannot be regulated through state statutes because the City of  
          Industry is governed by a voter-approved charter.   Opponents  
          argue that correcting problems related to management of public  
          funds, city-owned housing, and city council compensation is the  
          responsibility of local elected officials who can be held  
          directly accountable by city voters.










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          Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
          5/28/16 17:15:10


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