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AB-1936 Local government organization: city-county consolidation.(2003-2004)

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AB1936:v95#DOCUMENT

Amended  IN  Assembly  April 20, 2004
Amended  IN  Assembly  May 04, 2004
Amended  IN  Senate  June 09, 2004
Amended  IN  Senate  July 15, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 1936

Introduced  by  Assembly Member Berg
 (Coauthor(s): Senator Aanestad)

February 11, 2004

An act to add Chapter 6 (commencing with Section 51960) to Part 2 of Division 1 of Title 5 of the Government Code, to amend Section 50826 of the Health and Safety Code, to amend Section 4127 Sections 4127 and 4129 of the Public Resources Code, and to amend Section 2400 of the Vehicle Code, relating to local government organization.


LEGISLATIVE COUNSEL'S DIGEST


AB 1936, as amended, Berg. Local government organization: city-county consolidation.
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, specifies procedures for the organization and reorganization of local government entities within a county. Other laws provide for the establishment of charters for cities and counties. The California Constitution authorizes a county and all the cities within it to consolidate as a charter city and county as provided by statute.
This bill would enact a procedure for the establishment of a charter city and county consisting of the County of Del Norte and Crescent City and would make related changes with respect to fire protection services, eligibility of cities and counties for federal Small Cities Community Development Block Grant Program funds, and the enforcement of laws relating to the operation of vehicles.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 6 (commencing with Section 51960) is added to Part 2 of Division 1 of Title 5 of the Government Code, to read:
CHAPTER  6. Local Government Reorganization in Del Norte County
Article  1. Findings and Declarations of Policy

51960.
 (a) The Legislature finds and declares that the County of Del Norte, because of Crescent City being the only incorporated city within the county, the large unincorporated urban area of the county, the comparative compactness and physical uniformity of the county, and the absence of competing municipal interests, is uniquely suited for a program of local government reorganization to be voted on by the electorate of Crescent City and of the county.
(b) It is further found and declared that local government must be responsive and its elected officials readily accountable to the needs of the people, and visible and representative in order to permit greater participation in governmental affairs by the public. Local elected and appointed officials should have more clearly defined areas of responsibility and authority, so that the people may have more success in seeking action and redress from their government.
(c) It is further found and declared that, in order to strengthen and make more efficient and responsive the overall administrative process of local government, the administrative and executive authority in Del Norte County should be clearly defined and responsibility established under a single general purpose government, subject to approval of the electorate.
(d) The Legislature finds that a general statute cannot be made applicable to this matter because of the facts and circumstances peculiar to the local governmental jurisdictions within the County of Del Norte. Therefore, notwithstanding Section 16 of Article IV of the California Constitution, the provisions of this chapter shall be applicable only to the County of Del Norte and the incorporated City of Crescent City and special districts within the County of Del Norte, and are intended to implement, for the County of Del Norte and the city and special districts within the county, the provisions of Article XI of the California Constitution providing for consolidation of a county with all cities within the county.

Article  2. Definitions and General Provisions

51970.
 Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.

51971.
 “City” means the City of Crescent City.

51972.
 “County” means the County of Del Norte.

51973.
 “City-County of Crescent Del Norte” means the City and the County of Crescent Del Norte or the city and county established by any other name as may be approved by the voters in the charter adoption process resulting from the reorganization of local government within Del Norte County.

51974.
 “Reorganize” and “reorganization” mean the consolidation of the county with the city pursuant to Article XI of the California Constitution.

51975.
 The incorporated City of Crescent City within the County of Del Norte and the County of Del Norte may be reorganized pursuant to the provisions of this chapter.

51976.
 When reorganization proceedings are followed pursuant to this chapter, this chapter alone applies.

Article  3. Reorganization Proceedings

51980.
 Reorganization proceedings pursuant to this chapter shall be deemed to have commenced when a majority of the Del Norte County Board of Supervisors and a majority of the City Council of Crescent City approve the same proposed charter for the government of the City-County of Crescent Del Norte.

51981.
 The county and the city may jointly prepare a charter for the government of the City-County of Crescent Del Norte. The county and the city may cause the charter to be prepared, or the county and the city may appoint a charter commission to prepare the charter. The charter so prepared shall be presented for approval to the Del Norte County Board of Supervisors and the City Council of Crescent City. If the proposed charter is approved by a majority of the board of supervisors and a majority of the city council, then the charter shall be filed in the office of the county clerk and in the office of the city clerk. The legislative body of the county shall, within 15 days after the filing, cause the charter to be published once in a newspaper of general circulation printed and published in the county.

51981.1.
 The legislative body of the county shall cause copies of the charter to be printed in convenient pamphlet form and in type of not less than 10-point and shall cause copies to be mailed to each of the qualified electors of the county and city, and shall, until the day fixed for the election upon reorganization and adoption of the charter, advertise at least once per week in one or more newspapers of general circulation in the county, a notice that copies may be had upon application therefor.

51981.2.
 The proposed charter shall be submitted to the electors of the entire county at a date to be fixed by the legislative bodies of the city and county before submitting the proposed charter, either at a special election held not less than 90 days from the completion of the publication of the charter as provided in Section 51981, or at the next general election following the 90 day period.

51982.
 The charter as adopted at the election by a majority of the electors of the entire county voting thereon and by a majority of the electors of Crescent City voting thereon shall be the governing law of the reorganized city-county.

51983.
 At the election, the questions of reorganization and adoption of a charter shall both be presented as provided in Section 51983.3.

51983.1.
 The legislative body of the county shall cause notice of the election to be given by publication in a newspaper of general circulation printed and published in the county, at least once a week for the four weeks prior to the election.

51983.2.
 The notice shall do all of the following:
(a) State distinctly the proposition to be submitted.
(b) State the name of the city and the county proposed to be consolidated in a reorganized government.
(c) State the date of the election.
(d) Inform the electors on the procedures for casting a vote in the election.
(e) Designate the voting precincts and places at which polls will be open.

51983.3.
 Upon the ballots used at the election shall be printed the words: “Shall the City of Crescent City and the County of Del Norte be reorganized and consolidated and shall the proposed Charter of the City-County of Crescent Del Norte be adopted as the governing law of the City-County of Crescent Del Norte?” Opposite and to the right of these words, the words “Yes” and “No” shall be printed on separate lines, with voting squares.

51983.4.
 Notwithstanding the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000), the governing body of any special district located entirely within the County of Del Norte may, but is not required to, cause to be submitted to the electors of that special district a proposition for the dissolution and consolidation of the special district into the City-County of Crescent Del Norte. The governing body of the district may do so by adopting a resolution to place upon the ballot the proposition described in Section 51983.5.

51983.5.
 Upon the ballots used at the election within each of the special districts proposed to be dissolved and consolidated with the City-County of Crescent Del Norte pursuant to Section 51983.4 shall also be printed the words as a separate question or proposition: “If the proposed Charter of the City-County of Crescent Del Norte is adopted as the governing law of the City-County of Crescent Del Norte, shall the [name of special district] be dissolved and consolidated with the City-County of Crescent Del Norte?”

51983.6.
 If, voting on a proposition presented pursuant to Sections 51983.4 and 51983.5, an elector stamps a cross in the voting square after the word “Yes,” his or her vote shall be counted for reorganization and consolidation of the special district into the City-County of Crescent Del Norte, and if he or she stamps a cross in the voting square after the word “No,” his or her vote shall be counted against reorganization and consolidation of the special district.

51983.8.
 Except as otherwise provided in this article, the election, if a special election, shall be conducted as other special elections in the county or, if a general election, as other general elections in the county. Notwithstanding any other provision of law, the analysis of the proposed charter, prepared pursuant to Section 9160 of the Elections Code, may not exceed 1,500 words.

51983.9.
 After performing their duties, the election officers shall deliver the ballots, tally sheets, and returns to the clerk of the county.

51984.
 At its next regular meeting following the election, the Del Norte County Board of Supervisors shall canvass the returns. The canvass shall be completed at the meeting if practicable, or as soon as possible thereafter, avoiding adjournments.

51984.1.
 Immediately upon the completion of the canvass, the Del Norte County Board of Supervisors shall declare the results and cause a record to be entered upon its minutes, stating the proposition or propositions submitted, the number of votes cast, and the number of votes cast for and against reorganization and the adoption of the charter within the city and within the county as a whole and on each separately stated proposition.

51984.2.
 If a majority of the votes cast in the city or if a majority of the votes in the county as a whole is against reorganization and charter adoption, reorganization shall not be accomplished, the charter shall not be adopted, and proceedings for the reorganization of the city and county shall not be completed, and no similar or substantially similar reorganization and charter adoption shall be initiated pursuant to this chapter for one year after the date of the election.

51984.3.
 If a majority of the votes cast in both the city and in the county as a whole is for consolidation and charter adoption, reorganization shall be deemed approved and the charter adopted, and the clerk of the Del Norte County Board of Supervisors shall prepare under seal and deliver to the Crescent City Clerk a copy in duplicate of the record of the canvass, with a statement of the proposition or propositions submitted, at the election.

51985.
 (a) A copy of the record of the canvass, with a statement of the proposition or propositions submitted at the election, shall be recorded with the county recorder of the County of Del Norte and filed with the Secretary of State. Thereafter, the courts shall take judicial notice of the provisions of the charter.
(b) A copy of the record of the canvass, with a statement of the proposition or propositions submitted at the election, shall be filed with the State Board of Equalization, the county assessor, and the county auditor as may be provided for by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2. The State Board of Equalization shall distribute relevant information from the canvass and statements to the Department of Finance and the Controller, as appropriate.

51986.
 Upon the filing with the Secretary of State of the charter of the consolidated City-County of Crescent Del Norte pursuant to Section 3 of Article XI of the California Constitution, or upon a later date specified in the charter, the reorganization is complete and the city and county are reorganized and consolidated into the City-County of Crescent Del Norte as provided in the charter and in accordance with Section 51990.

51987.
 (a) Sections 51990 to 51995, inclusive, shall apply to a special district only in the event that the electors of that special district have voted, pursuant to Section 51983.5, to retain its existing local governmental structure. dissolve and consolidate with the City-County of Crescent Del Norte.
(b) Notwithstanding any provision of law or the charter of the City-County of Crescent City and the County of Del Norte as the City-County of Crescent Del Norte shall be deemed for the purposes of Section 9 of Article XI of the California Constitution to operate as consent for any independent special district, as defined by Section 56044 and existing on the effective date of the reorganization, and any district of limited powers, as defined by Section 56037 and existing on the effective date of that reorganization, to furnish its inhabitants with light, water, power, heat, transportation, harbor services, or means of communications within the boundaries of the City-County of Crescent Del Norte and to expand its service area within the boundaries of the City-County of Crescent Del Norte.

Article  4. Effects of Reorganization

51990.
 Upon reorganization, the city is deemed consolidated with the county into the City-County of Crescent Del Norte. The City-County of Crescent Del Norte shall be a charter city and a charter county. Its charter city powers supersede conflicting charter county powers.

51991.
 (a) Upon reorganization every special district within the county whose electors have approved dissolution pursuant to Section 51983.5 except as may be otherwise provided in the charter, is deemed dissolved. The functions of all dissolved districts shall be assumed by and merged with the city-county government, except as may be otherwise provided in the charter. The provisions of Sections 51992, 51993, and 51994 shall be applicable to the dissolution of every special district dissolved and consolidated with the city-county pursuant to this chapter.
(b) Except as provided in subdivision (c), after the reorganization of the city and county pursuant to this chapter, the change of organization or reorganization of any special district shall be governed by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000)).
(c) The proposed merger of an independent special district, as defined by Section 56044, or a district of limited powers, as defined by Section 56037, with the City-County of Crescent Del Norte shall not be initiated by the local agency formation commission pursuant to subdivision (a) of Section 56375 or by a resolution of application adopted by the legislative body of the City-County of Crescent Del Norte.

51992.
 When the city and the county are reorganized pursuant to this chapter, the reorganized City-County of Crescent Del Norte is the successor of the city and the county so consolidated. Upon reorganization, the title to any property owned or held by, or in trust for, the city and the county, or by their officers or boards in trust for public use, shall be vested in the city-county, or its officers or boards, except as may be otherwise provided in the charter.

51992.1.
 Immediately upon reorganization, all persons occupying or possessing the offices of each of the city and the county shall surrender them to the proper officers of the city-county, except as may be otherwise provided in the charter.

51993.
 Except as otherwise provided in the charter, reorganization does not affect any debts, demands, liabilities, or obligations of any kind existing in favor of or against the city and the county, at the time of reorganization. Reorganization does not affect any pending action or proceeding involving any debt, demand, liability, or obligation or any action or proceeding brought by or against any city or the county prior to reorganization. All proceedings shall be continued and concluded, by final judgment or otherwise, as if reorganization had not been effected. All rights or liabilities become the rights and liabilities of the city-county. However, the charter may provide for certain debts, demands, liabilities, or obligations that are payable by assessments or ad valorem taxes on properties within a district or area, such as within a former special district or city, to remain payable from those assessments or ad valorem taxes within that district or area as though reorganization had not occurred.

51994.
 The legislative body of the city-county shall levy and collect the taxes necessary to pay the indebtedness or liability of the city and the county incurred prior to reorganization within the city or the county or the special district that incurred the indebtedness, except as may be otherwise provided in the charter in compliance with state laws and the California Constitution governing the authority to levy and collect taxes.

51995.
 Except as the proposed city-county charter may provide, upon reorganization, all ordinances of the city and the county shall remain in effect as ordinances of the city-county. Where there is conflict between provisions of the city ordinances and county ordinances, the provisions of the city ordinances shall apply. Both city and county ordinances may be amended in the manner provided by law by the governing body of the city-county. Reorganization shall not discharge any person from any existing civil or criminal liability, nor affect any pending prosecution for violation of any ordinances, nor affect vested rights created pursuant to those ordinances.

51996.
 Upon reorganization, the charter of the city-county shall have full effect throughout the city-county. The charter may provide for subgovernments, urban service zones, different tax rates, and other differences in taxation, services, costs of government and levels of service, and type of government representation and administration in different areas of the city-county.

51996.1.
 If reorganization is completed, all proper expenses of reorganization proceedings not otherwise provided for shall be paid by the city-county. If reorganization is not completed, the county shall pay the expenses of calling and holding any election within it at which the question of consolidation was submitted.

51997.
 This chapter shall not be construed to prevent the consolidated city-county from framing and adopting a new or revised charter after consolidation, in which case the provisions of Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 shall be applicable.

SEC. 2.

 Section 50826 of the Health and Safety Code is amended to read:

50826.
 As used in this chapter:
(a) “Eligible city or county” means an area which is not a metropolitan city or part of an urban county, as defined by paragraphs (4) and (6), respectively, of subsection (a) of Section 5302 of Title 42 of the United States Code. A city and a county that have been consolidated as a city-county pursuant to Chapter 6 (commencing with Section 51960) of Part 2 of Division 1 of Title 5 of the Government Code shall be eligible both as a city and as a county.
(b) “Persons and families of low or moderate income” means persons and families whose income does not exceed 80 percent of the area median income, adjusted for family size, as determined pursuant to regulations adopted by the department.
(c) “Program” means the Small Cities Community Development Block Grant Program created pursuant to federal law (42 U.S.C. 5301, et seq.).

SEC. 3.

 Section 4127 of the Public Resources Code is amended to read:

4127.
 The board shall not include within state responsibility areas any of the following lands:
(a) Lands owned or controlled by the federal government or any agency of the federal government.
(b) Lands within the exterior boundaries of any city, except a city and county with a population of less than 50,000 if, at the time the city and county government is established, the county either contains no municipal corporations, or contains one municipal corporation and the city and county government enters into a memorandum of understanding with the board in which the city and county government assumes responsibility, either directly or with the consent of fire districts within the city and county, for fire protection in all areas of the city and county, not otherwise exempt under this section, that were not state responsibility areas prior to the consolidation of the county and the city within it.
(c) Any other lands within the state which do not come within any of the classes which are described in Section 4126.

Section 4129 of the Public Resources Code is amended to read:

4129.
 (a) The board of supervisors of any county may provide by ordinance that the county elects to assume responsibility for the prevention and suppression of all fires on all land in the county, including lands within state responsibility areas when the Director of Forestry and Fire Protection concurs in accordance with criteria adopted by the State Board of Forestry and Fire Protection, but not including lands owned or controlled by the federal government or any agency of the federal government or lands within the exterior boundaries of any city. After the effective date of the contract referred to in Section 4133, the county shall exercise for the duration of the contract all the duty, power, authority, and responsibility for the prevention and suppression of all fires on all land in the county for which the county is authorized by this section to elect to assume responsibility.
(b) No city-county formed pursuant to Chapter 6 (commencing with Section 51960) of Part 2 of Division 1 of Title 5 of the Government Code shall exercise the powers set forth in subdivision (a) for a period of ten years from the effective date of consolidation.

Section 2400 of the Vehicle Code is amended to read:

2400.
 (a) The commissioner shall administer Chapter 4 (commencing with Section 10850) of Division 4, Article 3 (commencing with Section 17300) of Chapter 1 of Division 9, Division 10 (commencing with Section 20000), Division 11 (commencing with Section 21000) except Chapter 11 (commencing with Section 22950), Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14 (commencing with Section 31600), Division 14.1 (commencing with Section 32000), Division 14.5 (commencing with Section 33000), Division 14.7 (commencing with Section 34000), Division 14.8 (commencing with Section 34500), Division 15 (commencing with Section 35000), Division 16 (commencing with Section 36000) except Chapter 2 (commencing with Section 36100) and Chapter 3 (commencing with Section 36300), and Division 16.5 (commencing with Section 38000) except Chapter 2 (commencing with Section 38010).
(b) The commissioner shall enforce all laws regulating the operation of vehicles and the use of the highways except that, on ways or places to which Section 592 makes reference, the commissioner shall not be required to provide patrol or enforce any provisions of this code other than those provisions applicable to private property.
(c) The commissioner shall not be required to provide patrol for or enforce Division 16.5 (commencing with Section 38000).
(d) The commissioner shall have full responsibility and primary jurisdiction for the administration and enforcement of the laws, and for the investigation of traffic accidents, on all toll highways and state highways constructed as freeways, including transit-related facilities located on or along the rights-of-way of those toll highways or freeways, except facilities of the San Francisco Bay Area Rapid Transit District. However, city police officers while engaged primarily in general law enforcement duties may incidentally enforce state and local traffic laws and ordinances on toll highways and state freeways within incorporated areas of the state. In any city having either a population in excess of 2,000,000 or an area of more than 300 square miles, city police officers shall have full responsibility and primary jurisdiction for the administration and enforcement of those laws and ordinances, unless the city council of the city by resolution requests administration and enforcement of those laws by the commissioner.
(e) The commissioner shall have full responsibility and primary jurisdiction for the administration and enforcement of the laws, and for the investigation of traffic accidents, on all highways within a city and county with a population of less than 50,000, if, at the time the city and county government is established, the county either contains no municipal corporations or contains one municipal corporation and the city and county government enters into a memorandum of understanding with the commissioner in which the city and county government assumes full responsibility and primary jurisdiction for the administration and enforcement of the laws, and for the investigation of traffic accidents, on all highways within the city and county that were not the commissioner’s responsibility and primary jurisdiction prior to the consolidation of the county and the city within it.
(f) The commissioner may enter into any interagency agreement with the State Board of Equalization for the purpose of enforcement of statutes requiring commercial vehicles from foreign jurisdictions to have a diesel fuel tax permit and to make payments to the board as required.
(g) The commissioner shall assume those duties and responsibilities of providing protection to state property and employees actually being performed by the California State Police Division on and before July 11, 1995.
(h) The commissioner may provide for the physical security of any current or former constitutional officer of the state and current or former legislator of the state.
(i) Upon request of the Chief Justice of the California Supreme Court, the commissioner may provide appropriate protective services to any current or former member of the State Court of Appeal or the California Supreme Court.