Existing law, the Mosquito Abatement and Vector Control District Law, specifies the procedures for district formation, the procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes the board of supervisors to appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district to appoint one person to the board of trustees, in the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory.

This bill would authorize a change in the appointment of the board of trustees of the San Mateo County Mosquito and Vector Control District. If a majority of the legislative bodies that include the city councils in, and the Board of Supervisors of, the County of San Mateo adopt resolutions approving the change in board composition and forward a copy of the resolution to the local agency formation commission, the bill would require the commission to adopt procedures for the reorganization of the board of trustees of the San Mateo County Mosquito and Vector Control District. The bill would require the San Mateo County Board of Supervisors to appoint 2 trustees and would require the city selection committee in the County of San Mateo to appoint one trustee from each county supervisorial district pursuant to this method of appointment, as specified. By imposing new duties on the local agency formation commission, the bill would impose a state-mandated local program.

The bill would make legislative findings and declarations as to the necessity for a special law.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law, the Mosquito Abatement and Vector Control District Law, specifies the procedures for district formation, the procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes the board of supervisors to appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district to appoint one person to the board of trustees, in the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory.

This bill would authorize a change in the appointment of the board of trustees of the San Mateo County Mosquito and Vector Control District. If a majority of the legislative bodies that include the city councils in, and the Board of Supervisors of, the County of San Mateo adopt resolutions approving the change in board composition and forward a copy of the resolution to the local agency formation commission, the bill would require the commission to adopt procedures for the reorganization of the board of trustees of the San Mateo County Mosquito and Vector Control District. The bill would require the San Mateo County Board of Supervisors to appoint 2 trustees and would require the city selection committee in the County of San Mateo to appoint one trustee from each county supervisorial district pursuant to this method of appointment, as specified. By imposing new duties on the local agency formation commission, the bill would impose a state-mandated local program.

The bill would make legislative findings and declarations as to the necessity for a special law.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law, the Mosquito Abatement and Vector Control District Law, specifies the procedures for district formation, the procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes the board of supervisors to appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district to appoint one person to the board of trustees, in the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory.

This bill would authorize a change in the appointment of the board of trustees of the San Mateo County Mosquito and Vector Control District. If a majority of the legislative bodies that include the city councils in, and the Board of Supervisors of, the County of San Mateo adopt resolutions approving the change in board composition and forward a copy of the resolution to the local agency formation commission, the bill would require the commission is required to adopt procedures for the reorganization of the board of trustees of the San Mateo County Mosquito and Vector Control District. The bill would require the San Mateo County Board of Supervisors to appoint 2 trustees and would require the city selection committee in the County of San Mateo to appoint one trustee from each county supervisorial district pursuant to this method of appointment. appointment, as specified. By imposing new duties on the local agency formation commission, the bill would impose a state-mandated local program.

The bill would make legislative findings and declarations as to the necessity for a special law.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law, the Mosquito Abatement and Vector Control District Law, specifies the procedures for district formation, the procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes the board of supervisors to appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district to appoint one person to the board of trustees, in the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory.

Existing law, the Mosquito Abatement and Vector Control District Law, specifies the procedures for district formation, the procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes the board of supervisors to appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district to appoint one person to the board of trustees, in the case of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory.

This bill would authorize the board of supervisors and a city selection committee, established pursuant to specified provisions of law, to appoint persons to the board of trustees, as specified, in the case of a district that is located entirely within a single county and contains both incorporated territory, including every city within that county, and unincorporated territory. a city council, located in an existing or newly formed district as specified above, to adopt a resolution requesting that appointments of persons to the board of trustees instead be made by a city selection committee, established pursuant to specified provisions of law, and conditioned upon a majority of authorized city councils adopting their respective resolutions. This bill would authorize the city selection committee to decrease the total number of appointments to be made by the committee if a majority of city councils within the district make this request in their respective resolutions. This bill would prohibit the total number of appointments made by the committee from exceeding the number of incorporated cities that are located in whole or in part within the district, and would prohibit those appointments from affecting the appointments made by the board of supervisors.

Articles XIII C and XIII D of the California Constitution generally require that assessments, fees, and charges be submitted to property owners for approval or rejection after the provision of written notice and the holding of a public hearing. Existing law, the Proposition 218 Omnibus Implementation Act (hereafter the Act), prescribes specific procedures and parameters for local jurisdictions to comply with Articles XIII C and XIII D of the California Constitution and defines various terms for these purposes.

This bill would define stormwater for purposes of the act to mean any system of public improvements or service intended to provide for the quality, conservation, control, or conveyance of waters that land on or drain across the natural or man-made landscape.

This bill would become operative only if ACA ___ of the 201516 Regular Session is approved by the voters.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1362

Author:(Gordon)

As Amended Ver:August 2, 2016

Majority vote

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:
   1. The San Mateo County Board of Supervisors (Board of Supervisors) shall appoint two trustees; and,
   2. 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:

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, 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.

1. 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 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.

1. 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.
2. 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.
3. Arguments in Opposition. None on file.

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0003904

 THIRD READING  

Bill No: AB 1362

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 6-1, 6/29/16

AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley

NOES: Moorlach

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 56-15, 1/27/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill establishes an alternative process under which the size of the San Mateo County Mosquito and Vector Control District’s governing board may be reduced to seven appointed members.

ANALYSIS:

Existing law:

1. Grants, pursuant to the Mosquito Abatement and Vector Control District Law (SB 1588, Local Government Committee, Chapter 395 of the Statutes of 2002), California’s 65 mosquito and vector control districts broad statutory authority to conduct programs for the surveillance, prevention, abatement, and control of mosquitoes and other vectors.
2. Requires each mosquito and vector control district to be governed by a board of trustees that must have at least five members.
3. Specifies, for a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory, that the county board of supervisors and the city council of each city within the district may each appoint one member to the district’s board of trustees.
4. Requires, in a county with more than one city, that there be a city selection committee to appoint city representatives to boards, commissions, and agencies pursuant to statutory guidelines. The membership of a city selection committee consists of the mayor of each city within the county.

This bill:

1. Allows, notwithstanding existing law governing the appointment of members to a mosquito and vector control district’s board, the members of the board of trustees of the San Mateo County Mosquito and Vector Control District to be appointed as follows:
   1. The board of supervisors may appoint two trustees.
   2. The city selection committee in the County of San Mateo, established pursuant to state law, may appoint one trustee from each county supervisorial district.
   3. The city selection committee must not appoint a trustee to serve on the board at the same time as another trustee if both trustees would represent the same city as a result of that appointment.
2. Directs that the alternative appointment process established by the bill only applies if a majority of city councils and the board of supervisors in San Mateo County adopt respective resolutions approving the change in the mosquito and vector control district board’s composition.
3. Requires that, upon adopting a resolution approving the change in board composition, the city or county must forward a copy to the Local Agency Formation Commission and requires the commission to notify the mosquito and vector control district and the city selection committee once a majority of resolutions is collected.

Background

Because the San Mateo County Mosquito and Vector Control District serves the entire county, which contains 20 cities, it is governed by a 21-member board of trustees. In recent years, San Mateo County officials and other stakeholders have raised concerns about problems with 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.

Some local officials in San Mateo County believe that the San Mateo County Mosquito and Vector Control District’s large governing board has contributed to governance problems and inadequate oversight of the District’s activities. They want the Legislature to give city and county officials in San Mateo the option of using an alternative process to appoint a seven-member board of trustees to govern the San Mateo County Mosquito and Vector Control District.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/9/16)

San Mateo County Mosquito and Vector Control District Trustee Joe Galligan

San Mateo County Supervisor Don Horsley

OPPOSITION: (Verified 8/9/16)

San Mateo County Mosquito and Vector Control District

Two individuals

ARGUMENTS IN SUPPORT: Supporters argue that the alternative appointment process established by this bill preserves local officials’ authority over board appointments while 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.

ARGUMENTS IN OPPOSITION: Opponents argue that this bill unjustifiably singles-out only one of California’s numerous mosquito and vector control districts by establishing an alternative appointment process that could make the district’s board less representative and more politicized.

ASSEMBLY FLOOR: 56-15, 1/27/16

AYES: Achadjian, Alejo, Bloom, Bonta, Brown, Burke, Calderon, Campos, Chang, Chiu, Chu, Cooley, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Quirk, Rendon, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins

NOES: Travis Allen, Baker, Bigelow, Brough, Chávez, Gatto, Gray, Grove, Hadley, Harper, Kim, Mathis, Olsen, Wagner, Wilk

NO VOTE RECORDED: Bonilla, Chau, Cooper, Eggman, Eduardo Garcia, Jones, Patterson, Ridley-Thomas

Prepared by:

8/10/16 15:45:25

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Robert M. Hertzberg, Chair

2015 - 2016 Regular

San Mateo County Mosquito and Vector Control District: board of trustees: appointment of members

Establishes an alternative process under which the size of the San Mateo County Mosquito & Vector Control District’s governing board may be reduced to seven appointed members.

Background

The Mosquito Abatement and Vector Control District Law (SB 1588, Senate Local Government Committee, 2002) grants California’s 65 mosquito and vector control districts broad statutory authority to conduct programs for the surveillance, prevention, abatement, and control of mosquitoes and other vectors. Each mosquito and vector control district is governed by a board of trustees that must have at least five members. In a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory, the county board of supervisors and the city council of each city within the district may each appoint one member to the district’s board of trustees.

In a county with more than one city, state law requires that there be a city selection committee to appoint city representatives to boards, commissions, and agencies pursuant to statutory guidelines. The membership of a city selection committee consists of the mayor of each city within the county.

Because the San Mateo County Mosquito and Vector Control District serves the entire county, which contains 20 cities, it is governed by a 21-member board of trustees. In recent years, San Mateo County officials and other stakeholders have raised concerns about problems with 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.

Some local officials in San Mateo County believe that the San Mateo County Mosquito & Vector Control District’s large governing board has contributed to governance problems and inadequate oversight of the district’s activities. They want the Legislature to give city and county officials in San Mateo the option of using an alternative process to appoint a seven-member board of trustees to govern the San Mateo County Mosquito and Vector Control District.

Proposed Law

Assembly Bill 1362, notwithstanding existing law governing the appointment of members to a mosquito and vector control district’s board, allows the members of the board of trustees of the San Mateo County Mosquito and Vector Control District to be appointed as follows:

• The board of supervisors may appoint two trustees.
• The city selection committee in the County of San Mateo, established pursuant to state law, may appoint one trustee from each county supervisorial district.

AB 1362 directs that the alternative appointment process established by the bill only applies if a majority of city councils and the board of supervisors in San Mateo County adopt respective resolutions approving the change in the mosquito and vector control district board’s composition.

The bill requires that, upon adopting a resolution approving the change in board composition, the city or county must forward a copy to the Local Agency Formation Commission and requires the commission to notify the mosquito and vector control district and the city selection committee once a majority of resolutions is collected.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. Reducing the size of the San Mateo Mosquito and Vector Control District’s governing board would produce many governance and oversight benefits. A smaller board would increase collaboration between neighboring cities by authorizing the city selection committee to make shared decisions on local governance. This process adds an additional level of oversight and accountability to the appointment process, while retaining 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. The District’s board has often had multiple simultaneous vacancies because some jurisdictions find it challenging to keep their seats on the board filled by appointees. The District’s recent history of governance issues also suggests that a larger board does not necessarily mean greater oversight or accountability. AB 1362 does not interfere with local autonomy by mandating any changes to the District’s board. Instead, the bill establishes a governance alternative that may be adopted only if elected officials from San Mateo County and a majority of cities within the county agree.

2. Let’s be fair. Under the alternative board of trustees appointment process established by AB 1362, the San Mateo County city selection committee must appoint one board member to represent each of the county’s five supervisorial districts. Because the boundaries of the cities of South San Francisco, Belmont, San Bruno, and Menlo Park fall within more than one county supervisor’s district, it is possible that AB 1362 could allow those cities to be represented by more than one trustee on the board. To prevent appointees from disproportionately representing a small group of cities, the Committee may wish to consider amending AB 1362 to clarify that the city selection committee’s appointments must not result in two or more appointees representing a single city serving on the board at the same time.

Assembly Actions

Assembly Local Government Committee: 9-0

Assembly Floor: 56-15

Support and Opposition

(6/23/16)

Support: San Mateo County Supervisor Don Horsley; San Mateo County Mosquito and Vector Control District Trustee Joe Galligan.

Opposition: Unknown.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1362

Author:(Gordon)

As Amended Ver:January 19, 2016

Majority vote

SUMMARY: Authorizes a city selection committee to make appointments to the board of trustees of specified mosquito abatement and vector control districts, subject to specified requirements. Specifically, this bill:

1. Authorizes a city council that may appoint a trustee, pursuant to existing law, to a newly formed or existing mosquito abatement and vector control district that is in a single county and contains incorporated and unincorporated territory, to adopt a resolution requesting city appointments be made by a city selection committee.
2. Provides a city selection committee may only be used to make appointments if a majority of city councils located within the mosquito abatement and vector control district adopt respective resolutions.
3. Authorizes a city selection committee to decrease the total number of city appointments made by the city selection committee, if a majority of city councils within the district make this request in an adopted resolution.
4. Prohibits the total number of appointments made by a city selection committee from exceeding the number of incorporated cities, wholly or in part, in the district.
5. Prohibits the appointments made by the city selection committee from affecting the appointments made by a county board of supervisors, pursuant to existing law for these specified districts.

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 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.

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.

1. 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.

This bill authorizes a city selection committee to make appointments in a newly formed or existing mosquito abatement and vector control district that is located in a single county and contains incorporated and unincorporated territory if a majority of city councils within the district adopt a resolution. A majority of city councils must also adopt a resolution to permit the city selection committee to decrease the number of appointments. This bill prohibits the appointments made by a city selection committee from exceeding the number of incorporated cities within the district.

1. Author's Statement. According to the author, "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. 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."
2. Policy Considerations. The Legislature may wish to consider the following:
   1. Equal Representation. The Legislature 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.
   2. Statewide Problem. This bill affects districts that are located in a single county and contain incorporated and unincorporated territory. The Legislature may wish to consider if there is evidence of a statewide problem.
   3. Role of the Board of Trustees. 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.
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. 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."
5. 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 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."

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0002554

ASSEMBLY THIRD READING

ATR Bill Id:AB 1362

Author:(Gordon)

As Amended Ver:January 4, 2016

Majority vote

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:
   1. Authorizes the county board of supervisors to appoint one person;
   2. Authorizes a city selection committee to appoint up to the total number of trustees as there are incorporated cities within the district; and,
   3. 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 formation, in a district that is located entirely within a single county and contains both incorporated territory 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 that within 60 days of receiving the resolution the board of supervisors order the increase or decrease.

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.

1. 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.

1. Author's Statement. According to the author, "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."
2. Policy Considerations. The Legislature may wish to consider the following in order to better align the author's stated intent with the language contained in the bill:
   1. 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 Legislature may wish to make the provisions of this bill clearly permissive.
   2. If the author's intent is to allow existing districts to use this new appointment method, then the Legislature may wish to make that clear in the provisions of the bill.
   3. If the author's intent is to allow for a decrease in the size of an existing board of trustees, the Legislature may wish to consider the following:
      1. 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.
      2. Will there be adequate representation among cities? The Legislature 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.
      3. 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 eight districts in the state in this category.
3. 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 10 members, as specified. AB 991 failed passage in the Local Government Committee.
4. 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."
5. 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 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."

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 FN: 0002547

Date of Hearing: January 13, 2016

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Brian Maienschein, Chair

ABPCA Bill Id:AB 1362

Author:(Gordon) – As Amended Ver: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:
   1. Authorizes the county board of supervisors to appoint one person;
   2. Authorizes a city selection committee to appoint up to the total number of trustees as there are incorporated cities within the district; and,
   3. 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:
   1. 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;
   2. 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 within the district may appoint one person to the board of trustees;
   3. 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,
   4. 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 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.

1. 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.

1. 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.

"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."

1. 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:
   1. 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.
   2. 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.
   3. 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:
      1. 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.
      2. 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.
      3. 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.
2. 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.
3. 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."
4. 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 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, 3^rd District

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

Opposition

Mosquito and Vector Control Association of California

Individual letter

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