BILL NUMBER: AB 62 CHAPTERED
BILL TEXT
CHAPTER 911
FILED WITH SECRETARY OF STATE OCTOBER 12, 1997
APPROVED BY GOVERNOR OCTOBER 12, 1997
PASSED THE ASSEMBLY SEPTEMBER 13, 1997
PASSED THE SENATE SEPTEMBER 8, 1997
AMENDED IN SENATE SEPTEMBER 4, 1997
AMENDED IN SENATE AUGUST 25, 1997
AMENDED IN SENATE AUGUST 8, 1997
AMENDED IN SENATE AUGUST 4, 1997
AMENDED IN SENATE JUNE 30, 1997
AMENDED IN SENATE JUNE 10, 1997
AMENDED IN ASSEMBLY APRIL 21, 1997
AMENDED IN ASSEMBLY APRIL 14, 1997
AMENDED IN ASSEMBLY MARCH 19, 1997
AMENDED IN ASSEMBLY MARCH 11, 1997
INTRODUCED BY Assembly Members McClintock and Hertzberg
(Coauthors: Senators Hayden and Rosenthal)
DECEMBER 3, 1996
An act to amend Section 57079 of, and to add Sections 56075.5,
56656, 56844.2, 57103.1, 57132.5, and 57176.1 to, the Government
Code, relating to local government organization.
LEGISLATIVE COUNSEL'S DIGEST
AB 62, McClintock. Local government organization.
Under the Cortese-Knox Local Government Reorganization Act of
1985, if the proposed change of organization is a city detachment,
the conducting authority, not more than 30 days after its hearing on
the matter, may by resolution terminate detachment proceedings. If a
proposed reorganization includes the detachment of territory from
any city, the conducting authority, not more than 30 days after the
hearing, is required to terminate the proceeding if a resolution or
written protest against the reorganization is filed prior to the
conclusion of the hearing by any city from which territory would be
detached or removed.
The bill would provide that the above provisions shall not apply
to a special reorganization, as defined. It would specify the
election requirements for a special reorganization, as well as the
duties of the conducting authority with respect to a special
reorganization.
This bill would establish the Special Commission on City
Boundaries, known as the "special commission" for purposes of the
act, and would set forth the membership and duties of the commission.
This bill would additionally provide that in the case of a special
reorganization, all public employees subject to specified provisions
of existing law relating to employee organizations shall continue to
be deemed public employees of the original local agency, or the
newly incorporated local agency for purposes of that existing law,
and that existing retiree benefits shall not be diminished. The bill
would also extend the exclusive representation status of an employee
organization that has been recognized as the exclusive
representative of local agency public employees affected by a special
reorganization, with respect to the unit employees of the original
local agency, or the newly incorporated local agency.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56075.5 is added to the Government Code, to
read:
56075.5. "Special reorganization" means a reorganization that
includes the detachment of territory from a city or city and county
and the incorporation of that entire detached territory as a city.
SEC. 2. Section 56656 is added to the Government Code, to read:
56656. (a) Notwithstanding any other provision of this division,
proceedings for a special reorganization that consists of the
detachment of territory consisting of all of the San Fernando Valley
from the City of Los Angeles and the incorporation of that entire
detached territory as a city shall by conducted pursuant to this
section. In the event of any conflict between this section and the
provisions of this division, this section shall prevail.
(b) There is created the Special Commission on Los Angeles
Boundaries, which shall consist of eight members. Within three
months from the date that funds are appropriated for the
implementation of this section, the Governor shall appoint two
members, the Speaker of the Assembly shall appoint one member, and
the Senate Committee on Rules shall appoint one member to the special
commission from lists of nominees submitted by community groups
whose members reside within the San Fernando Valley. Within three
months from the date that funds are appropriated for the
implementation of this section, the City Council of the City of Los
Angeles shall appoint four members to the special commission.
(c) Notwithstanding any other provision of this division, or
Section 7550.5, within nine months from the date that funds are
appropriated for the implementation of this section, the special
commission shall issue a report with recommendations to the Local
Agency Formation Commission of the County of Los Angeles, the City
Council of the City of Los Angeles, the Board of Supervisors of the
County of Los Angeles, the Governor, and the Legislature, regarding
the feasibility and desirability of a special reorganization that
consists of the detachment of territory consisting of all of the San
Fernando Valley from the City of Los Angeles and the incorporation of
that entire detached territory as a city. The report shall include,
but not be limited to, the following:
(1) A comprehensive fiscal analysis that substantially complies
with Section 56833.1.
(2) The amount of property tax revenue that would be exchanged
pursuant to Section 56842.
(3) The provisional appropriations limit that would be determined
pursuant to Section 56842.6.
(4) Any terms and conditions that would be imposed pursuant to
Sections 56843, 56844, and 56845.
(5) Any other matters that the special commission deems relevant.
(d) A special reorganization may be initiated, the Local Agency
Formation Commission of the County of Los Angeles may conduct
commission proceedings for a special reorganization, the conducting
authority may conduct proceedings, an election may be conducted, and
a special reorganization may be completed before the special
commission issues the report required pursuant to subdivision (c).
(e) The special commission shall conduct public meetings to
solicit the views and advice of the public, including elected and
appointed local officials, regarding city organization and boundaries
in the County of Los Angeles.
(f) The special commission shall select a chair and vice chair
from among its respective membership.
(g) The members of the special commission shall be reimbursed for
their actual and necessary expenses for attending the meetings of the
special commission. The special commission may authorize a payment
of a per diem not to exceed one hundred dollars ($100) to the members
of the special commission for each day while they are in attendance
at meetings of the special commission. The per diem may be in
addition to the reimbursement for actual and necessary expenses. The
special commission may appoint employees, including counsel, define
their qualifications and duties, and provide compensation for the
performance of their duties. The special commission may contract
with any other public or private agency for any services necessary to
carry out the purposes of this section. The cost of the quarters,
equipment, supplies, and operating expenses incurred by the special
commission shall not be a county charge but shall be paid by the
special commission.
(h) As used in this section:
(1) "San Fernando Valley" means the territory included within the
San Fernando Valley Statistical Area, as defined in Section 11093.
(2) "Special commission" means the Special Commission on Los
Angeles Boundaries created pursuant to subdivision (b).
(i) This section shall only be implemented to the extent that
funds for that purpose are appropriated in the annual Budget Act.
SEC. 3. Section 56844.2 is added to the Government Code, to read:
56844.2. (a) This section shall only apply to a special
reorganization.
(b) All public employees to which Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 applies shall continue to be
deemed public employees of the original local agency or of the newly
incorporated local agency for all the purposes of that chapter,
including, but not limited to, the continuation and application of
any collective bargaining agreement that applies to these employees,
and all representational and collective bargaining rights under that
chapter.
(c) Any existing collective bargaining agreement shall remain in
effect and be fully binding on the original local agency or on the
newly incorporated local agency, and on the employee organizations
that are parties to the agreement for the balance of the term of the
agreement, and until a subsequent agreement has been established.
(d) Any existing retiree benefits, including, but not limited to,
health, dental, and vision care benefits, shall not be diminished.
(e) Notwithstanding any other provision of law, an employee
organization that has been recognized as the exclusive representative
of local agency public employees affected by a special
reorganization shall retain exclusive representation of the unit
employees of the original local agency, or of the newly incorporated
local agency.
SEC. 4. Section 57079 of the Government Code is amended to read:
57079. (a) Notwithstanding Sections 57075 and 57078, if the
proposed change of organization is a city detachment, the conducting
authority, not more than 30 days after the conclusion of the hearing,
may by resolution terminate the detachment proceedings.
(b) Notwithstanding Sections 57075, 57077, and 57078, if a
proposed reorganization includes the detachment of territory from any
city, the conducting authority, not more than 30 days after
conclusion of the hearing, shall terminate the proceeding if a
resolution or written protest against the reorganization is filed
prior to the conclusion of the hearing by any city from which any
portion of the territory of the city would be detached or removed
pursuant to the reorganization.
(c) This section shall not apply to a special reorganization.
SEC. 5. Section 57103.1 is added to the Government Code, to read:
57103.1. Notwithstanding Section 57103, in any resolution
ordering a special reorganization, the conducting authority shall
call an election in both of the following territories:
(a) The territory ordered to be detached from the city.
(b) The entire territory of the city from which the detachment is
ordered to occur.
SEC. 6. Section 57132.5 is added to the Government Code, to read:
57132.5. Notwithstanding Section 57132, the election on the
question of a special reorganization shall be called and held at the
next regular primary or general election occurring in an
even-numbered year at least 88 days after the date on which the
resolution calling the election was adopted.
SEC. 7. Section 57176.1 is added to the Government Code, to read:
57176.1. Notwithstanding subdivision (a) of Section 57176, the
conducting authority shall adopt, within 30 days of the canvass of
the election, a resolution confirming a special reorganization if a
majority of votes cast upon the question are in favor of the special
reorganization in both of the following circumstances:
(a) An election called in the territory ordered to be detached
from the city.
(b) An election called in the entire territory of the city from
which the detachment is ordered to occur.