HomeMy WebLinkAboutCC AG PKT 2005-04-11 #I 153 16
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AGENDA REPORT
9.
riA kud 4 u
DATE: April 11, 2005 V 3jjP' -7
L �
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: June Yotsuya, Assistant City Manager
SUBJECT: ADOPTION OF A RESOLUTION IN OPPOSITION OF AB
991 - (DEVORE) THAT WOULD ELIMINATE THE
ABILITY OF EACH CITY IN THE ORANGE COUNTY
VECTOR CONTROL DISTRICT TO APPOINT A
MEMBER OF ITS CITY COUNCIL TO THE BOARD OF
TRUSTEES
SUMMARY OF REQUEST:
City Council is requested to adopt a resolution opposing AB 991 (Devore) that would
eliminate City Council authority to appoint a member to the Board of Trustees of the
Orange County Vector Control District.
DISCUSSION:
At the last City Council meeting, Council Member Mike Levitt requested that the City
consider opposition to Assembly Bill 991. As the City's appointment to the Orange
County Vector Control District's Board of Trustees, he expressed concern regarding the
bill's intent to reduce the Board of Trustees to as low as seven members.
The Orange County Vector Control District plays a vital role in abating mosquito and pests
that can potentially expose our community to serious diseases. Eliminating City Council
authority to appoint a member to the Board of Trustees would directly affect our ability to
have a voice in such important decisions regarding the health and safety of our residents
and property owners.
FINANCIAL IMPACT:
No projected direct fiscal impact to cities.
Agenda Item T
April 11, 2005
City Council Agenda Report- Opposition to AB 991 re: eliminating City Council
appointment to Orange County Vector Control District
Page 2
RECOMMENDATION:
City Council to consider the adoption of Resolution No. opposing AB 991 that
would eliminate the ability of each city in the Orange County Vector Control District to
appoint a member of its City Council to the Board of Trustees.
Submitted by:
Olt " , .. a lhik, ii ,
J fee Yots , a, Assi ant City Manager
• ,
NOTE P ' ND APP' +'ED:
J. :. Bahorski, City Manager
Attachment:
Copy of AB 991 amendments
Assemblyman Devore's Letter
Resolution Opposing AB991
AMENDED IN ASSEMBLY MARCH 29, 2005
CALIFORNIA LEGISLATURE - 2005 -06 REGULAR SESSION
ASSEMBLY BILL No. 991
Introduced by Assembly Member DeVore
February 22, 2005
An act to amcnd Scctions 2021 and 2022 of add Section 2025.5 to
the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 991, as amended, DeVore. Mosquito abatement and vector
control districts.
Existing law provides for the formation of mosquito abatement and
vector control districts, provides for the appointment of a board of
trustees of at least 5 members, and sets forth their powers and duties.
Existing law requires appointment of the members by the county
board of supervisors and the city council.
This bill would : :
members, notwithstanding these provisions, require the board of
trustees for the district in the County of Orange to have 7 members, 2
selected by the board of supervisors, and 5 selected by a committee of
the board from representatives of the various cities within the territory
of the district.
This bill would make certain findings and declarations regarding
the inapplicability of a general statute within the meaning of Section
16 of Article IV of the California Constitution.
Vote: majority. Appropriation: no. Fiscal committee: no.
State - mandated local program: no.
98
AB 991 —2
The people of the State of California do enact as follows:
1 SECTION 1. Scction 2021 of thc IIcalth and Safcty Codc is
2 amended-to-reach
3 SECTION. 1 Section 2025.5 is added to the Health and Safety
4 Code, to read:
5 2025.5. Notwithstanding, any provision of law to the
6 contrary, in the County of Orange, the district board of trustees
7 shall be composed of seven members selected as follows:
8 (a) Two members appointed by the board of supervisors.
9 (b) Five members appointed by the City Selection Committee
10 of the board from representatives of the various cities within the
11 territory of the district. The committee shall ensure that as the
12 terms expire for these members, new appointments alternate in a
13 manner that ensures that representatives of each of the various
14 cities have an opportunity to participate.
15 SEC. 2. Due to the unique circumstances concerning the
16 mosquito abatement and vector control district in the County of
17 Orange, it is necessary that membership of the board of trustees
18 be considered separately, and the Legislature finds and declares
19 that a general statute cannot be made applicable within the
20 meaning of Section 16 of Article IV of the California
21 Constitution.
22 ' :: • ; .
24 • . : - - - • - ; • ; •••. •
25 • • • • • - • ; , . . ; . : : • -: - •
26 • . • • :::, • ,
27 (b) In thc casc of a district that is locatcd cntircly within a
28 - • _- •• ::: • -: - • • ::•
29
30 (c) In thc casc of a district that contains tcrritory in morc than
31 - - : . : : : .. - .. - • • - : • ... • • • : ::• '
32 :-- :::,:: : , : : ::: - -.
33 • - . ::: : V
34
35 . : : ' : - . - - - - - - - : , - .: ::,:: -. - - - i .- - - - - -. -
.
36 . . -- . ; . • -
37 _n __
98
-3 — AB 991
1 • . • • • :1141/ : : ::, :: - .. - . • •
2 :- -. .. ::, :. • :..
3 , • . -- : • .: • , - • - --
4
5 (b)
6 - - - • _ - •-, - : - :..• '- -. • •
7 1/::,:- • - - - . - .- • - :: -:. -. ': -
g ;--•• • - -
9 - - - - - . - - - , -- • ,- :-
13 . .. ; •-• • ; 1/14 .1:: •.- •
14 - - - -. - • - . 1/1/:' • - - -
0
98
CALIFORNIA LEGISLATURE - 2005 -06 REGULAR SESSION
ASSEMBLY BILL No. 991
Introduced by Assembly Member DeVore
February 22, 2005
An act to amend Sections 2021 and 2022 of the Health and Safety
Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 991, as introduced, DeVore. Mosquito abatement and vector
control districts.
Existing law provides for the formation of mosquito abatement and
vector control districts, provides for the appointment of a board of
trustees of at least 5 members, and sets forth their powers and duties.
Existing law requires appointment of the members by the county
board of supervisors and the city council.
This bill would delete the authority of the city council to appoint
members.
Vote: majority. Appropriation: no. Fiscal committee: no.
State - mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 2021 of the Health and Safety Code is
2 amended to read:
3 2021. Within 30 days after the effective date of the formation
4 of a district, a board of trustees shall be appointed as follows:
5 (a) In the case of a district that contains only unincorporated
6 territory in a single county, the board of supervisors shall appoint
7 five persons to the board of trustees.
99
AB 991 -2-
1 (b) In the case of a district that is located entirely within a
2 single county and contains both incorporatcd tcrritory and
3 •,; - ... - ; -_ • -- :: :: • . •
4 : - •- • ::: .: . • :. - .
6 : - - : - - - : - • , - - ••• : : : ; : : : : -
7 .: ::, -:: - -- - -- - - -- . - - , --- ,theboard
8 of supervisors shall appoint - - :.: - • • : - ; : - - - - - : - - • - a
9 board of trustees of five members.
10 (c) In the case of a district that contains
11 territory in more than one county, the board of supervisors of
12 each county may appoint one person to the board of trustees. If
13 those appointments result in a board of trustees with less than
14 five persons, the board of supervisors of the principal county
15 shall appoint enough additional persons to make a board of
16 trustees of five members.
17 (d) In thc casc of a district that is locatcd in two or more
18 L.ountics and contains both incorporatcd tcrritory and
19 • • - ::: • :: :.:: • • • ••
20 -. ••••• • • : - ::.: •
21 council of cach city that is locatcd in wholc or part within thc
22 • • ::: :' : • • : : : :, :: :. ; -
23 ::::'- - - - - -, • - - - • • , -- : :: • :
24 . -: - . -- , • - -•:- :. - . ::: :•
25 :: • ': • • • • :::: :: • • ;
26 SEC. 2. Section 2022 of the Health and Safety Code is
27 amended to read:
28 2022. (a) Each person appointed by a board of supervisors to
29 be a member of a board of trustees shall be a voter in that county
30 and a resident of that portion of the county that is within the
31 district.
32 (b) • • • ••••• • •' • • • • • •
33 . : : : - : : , , : - , .; ,, .,
35 -.. -- . - . • : -- : ;. : . . - 36 - : - - - -; .:: • , • : -- ,;
37 incompatiblc officcs, a mcmbcr of a city council may be
• : • ::: • • •
39 : ; ::: :: : .. ; •
40 chaptcr.
99
— 3 — AB 991
1 (d)—It is the intent of the Legislature that persons appointed to
2 boards of trustees have experience, training, and education in
3 fields that will assist in the governance of the districts.
4 (e-
5 (c) All trustees shall exercise their independent judgment on
6 behalf of the interests of the residents, property owners, and the
7 public as a whole in furthering the purposes and intent of this
8 chapter. The trustees shall represent the interests of the public as
9 a whole and not solely the interests of the board of supervisors or
10 the city council that appointed them.
0
99
03/17/2005 12:41 FAX 916 319 2170 CHUCK DEVORE 4J 001
•
STATE CAPITOL
P.O. 80X 942849 y 1
SACRAMENTO. CA 94249-0070
(91S) 319.2070
xCYfnrn � Ixfurle k .. A4 o
DISTRICT OFFICE 1 "'! '', , >e
JAMBOREE CENTER •
3 PARK PLAZA. SUITE 275 ( D EVOIiE'
IRVINE, CA 92614 1 • ,,, IC
(949) 863.7070 ASSEMBLYMEMeER;SEVENTIETH 0.1SiRICT
E '' t I:II't
ossemblymemberdevore@assembly.ca.gov
17 March 2005
The ilonorablc City Councilmember Ray Ybaben
211 8 Street
Seal Beach, CA 90740
Dear City Councilmember Ybaben,
I have recently introduced AB 991, legislation that would reduce the Orange County
Vector Control Board from its current 35 board members to seven board members.
In Orange County, our Vector Control District has responsibility for controlling pests
such as mosquitoes and red fire ants. The problem is that the oversight body for the
district has grown so large that it imperils the effective management of the district. There
are 35 board members overseeing 50 fulltime employees. Imagine if you needed 18 votes
to change policy in your city. •
The current version of AB 991 will allow the Board of Supervisors to have two
appointments to the Vector Control Board, and the city selection committee to appoint
five members. This apportioned among the supervisorial districts.
As the lead donor county in the lead donor state, it is incumbent on us to offer ourselves
as an example of government reform and efficiency. I trust you may find AB 991 worthy
of your support.
A he best,
CHUCK DEVORE
Assemblyman, Seventieth District
CC:
Councilrnernber Levitt
Councilmember Antos
Councilmember Yost
Councilmember Larson
Printed on Recycled Paper
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April 11, 2005
The Honorable Tom Harmon
State Assembly, District 67 .
State Capitol, Room 5158
Sacramento, CA 95814
Dear Assemblyman Harmon,
Assembly Bill 991 (Devore) is currently in the Assembly Committee on Local
Government for review. The City of Seal Beach opposes the bill as drafted and
amended. This bill specifically targets the structure of the Orange County Vector Control
District by severely reducing appointments to the Board of Trustees.
Presently, all the Orange County cities have an equal voice in the decision making
process of the District. Our city actively participates in all board decisions through our
appointed City Council representative. This is very important to a small community such
as ours. This bill would eliminate our city's ability to be directly involved in the decision
making process on health and safety issues that concern our residents such as the West
Nile Virus and the Red Fire Ant infestation.
These and other important vector control issues should not be decided by only a handful
of city representatives. Orange County is a diverse region with highly urbanized areas
as well as rural and coastal communities. The present composition of the Board insures
that the different needs of the region are adequately addressed.
The City of Seal Beach respectfully requests that you oppose Assembly Bill 991 if
passed through committee.
Sincerely,
7
Paul Y
Mayor
cc: City Council
Orange County Vector Control District
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April 11, 2005
The Honorable John Campbell
State Senator, District 35
State Capitol, Room 3056
Sacramento, CA 95814
Dear Senator Campbell,
Assembly Bill 991 (Devore) is currently in the Assembly Committee on Local
Government for review. The City of Seal Beach opposes the bill as drafted and
amended. This bill specifically targets the structure of the Orange County Vector Control
District by severely reducing appointments to the Board of Trustees.
Presently, all the Orange County cities have an equal voice in the decision making
process of the District. Our city actively participates in all board decisions through our
appointed City Council representative. This is very important to a small community such
as ours. This bill would eliminate our city's ability to be directly involved in the decision
making process on health and safety issues that concern our residents such as the West
Nile Virus and the Red Fire Ant infestation.
These and other important vector control issues should not be decided by only a handful
of city representatives. Orange County is a diverse region with highly urbanized areas
as well as rural and coastal communities. The present composition of the Board insures
that the different needs of the region are adequately addressed.
The City of Seal Beach respectfully requests that you oppose Assembly Bill 991 if
passed through the Assembly.
Sincerely,
-- PC(..19 ---
Paul Yost
Mayor
cc: City Council
Orange County Vector Control District
RESOLUTION NUMBER J d ) S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA, EXPRESSING THE CITY COUNCIL'S
OPPOSITION TO ASSEMBLY BILL 991 (DEVORE) THAT IS
SPECIFIC TO THE ORANGE COUNTY VECTOR CONTROL
DISTRICT AND WOULD ELIMINATE THE ABILITY OF EACH
CITY IN THE DISTRICT TO HAVE DIRECT REPRESENTATION
ON THE BOARD OF TRUSTEES
WHEREAS, existing law provides for the formation of mosquito abatement and vector control
districts and provides for the appointment of a board of trustees of at least five members: and
WHEREAS, existing law requires that the appointment of the members of the respective district
board of trustees be made by the county board of supervisors and the city council of each city
located within the district; and
WHEREAS, these trustees are empowered to make decisions on the health and safety welfare of
residents, property owners and public served by the district regarding the abatement and control
of mosquitoes and other pests; and
WHEREAS, Assembly Bill 991 specifically targets the Orange County Vector Control District;
and
WHEREAS, Assembly Bill 991 would reduce the Orange County Vector Control District Board
of Trustees to seven members, two selected by the Orange County Board of Supervisors and five
from a city selection committee, thus eliminating a member of the Board from each city within
the District; and
WHEREAS, Assembly Bill 991 would eliminate the City of Seal Beach's ability to directly
appoint a member of its City Council to the Board of Trustees; and
WHEREAS, Assembly Bill 991 would eliminate our city's ability to be directly involved in the
decision making process on health and safety issues that concern our residents such as West Nile
Virus and Red Fire Ant infestation;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF SEAL BEACH HEREBY OPPOSES ASSEMBLY BILL 991 AND URGES ITS
CALIFORNIA LEGISLATORS TO OPPOSE ASSEMBLY BILL 991.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on
I / 4 day of , 2005 by the following vote: , ¢
AYES: Councilmembers p i}1 Q 2-ia -I ,� t{ ) vairm, !I
NOES: Councilmembers 1 1 :1,b
ABSENT: Councilmembers 7
C° ""
May
ATTEST:
d
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing
resolution is the original copy of Resolution Number ° 5.3J on file in the office of the City
Clerk, passed, approved, and adopted by the Cit Council of the City of Seal Beach, at a regular
meeting thereof held on the 1/ ` day of , 2005.
it Clerk