Bill Text: CA AB204 | 2015-2016 | Regular Session | Amended
Bill Title: Redevelopment: County of Los Angeles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB204 Detail]
Download: California-2015-AB204-Amended.html
BILL NUMBER: AB 204 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2015
AMENDED IN ASSEMBLY APRIL 9, 2015
INTRODUCED BY Assembly Member O'Donnell
JANUARY 29, 2015
An act to amend Section 34179 of the Health and Safety Code,
relating to redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 204, as amended, O'Donnell. Redevelopment: County of Los
Angeles.
Existing law dissolved redevelopment agencies and community
development agencies as of February 1, 2012, and provides for the
designation of successor agencies to wind down the affairs of the
dissolved redevelopment agencies, subject to review by oversight
boards, and to, among other things, make payments due for enforceable
obligations and to perform obligations required pursuant to any
enforceable obligation. Existing law authorizes, in each county where
more than one oversight board was created, only one oversight board
to be appointed on and after July 1, 2016.
This bill would require an oversight board within the County of
Los Angeles to continue to independently operate past the July 1,
2016, consolidation date, until its successor agency adopts a
resolution dissolving the board and the board approves that
resolution, as provided.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Los Angeles.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares that the
oversight boards to individual successor agencies were established
pursuant to the Redevelopment Agency Dissolution Act, which
prescribes that all oversight boards in the County of Los Angeles
will be consolidated into a single countywide oversight board by July
1, 2016.
(b) The Legislature further finds that collapsing all functions of
the 71 oversight boards in the County of Los Angeles into a single
countywide oversight board would create administrative gridlock and
be a severe impediment to the expeditious disposition of properties
owned by former redevelopment agencies.
(c) In recognition of these findings and to ensure that the duties
of the 71 oversight boards and successor agencies in the County of
Los Angeles will be met in a timely manner, it is the intent of the
Legislature to continue all oversight boards in the County of Los
Angeles in existence until the respective successor agency requests
dissolution of its oversight board and transfer of fiduciary duties
to the countywide oversight board.
SEC. 2. Section 34179 of the Health and Safety Code is amended to
read:
34179. (a) Each successor agency shall have an oversight board
composed of seven members. The members shall elect one of their
members as the chairperson and shall report the name of the
chairperson and other members to the Department of Finance on or
before May 1, 2012. Members shall be selected as follows:
(1) One member appointed by the county board of supervisors.
(2) One member appointed by the mayor for the city that formed the
redevelopment agency.
(3) (A) One member appointed by the largest special district, by
property tax share, with territory in the territorial jurisdiction of
the former redevelopment agency, that is of the type of special
district that is eligible to receive property tax revenues pursuant
to Section 34188.
(B) On or after the effective date of this subparagraph, the
county auditor-controller may determine which is the largest special
district for purposes of this section.
(4) One member appointed by the county superintendent of education
to represent schools, if the superintendent is elected. If the
county superintendent of education is appointed, then the appointment
made pursuant to this paragraph shall be made by the county board of
education.
(5) One member appointed by the Chancellor of the California
Community Colleges to represent community college districts in the
county.
(6) One member of the public appointed by the county board of
supervisors.
(7) One member representing the employees of the former
redevelopment agency appointed by the mayor or chair of the board of
supervisors from the recognized employee organization representing
the largest number of former redevelopment agency employees employed
by the successor agency at that time. If city or county employees
performed administrative duties of the former redevelopment agency,
the appointment shall be made from the recognized employee
organization representing those employees. If a recognized employee
organization does not exist for either the employees of the former
redevelopment agency or the city or county employees performing
administrative duties of the former redevelopment agency, the
appointment shall be made from among the employees of the successor
agency. In voting to approve a contract as an enforceable obligation,
a member appointed pursuant to this paragraph shall not be deemed to
be interested in the contract by virtue of being an employee of the
successor agency or community for purposes of Section 1090 of the
Government Code.
(8) If the county or a joint powers agency formed the
redevelopment agency, the largest city by acreage in the territorial
jurisdiction of the former redevelopment agency may select one
member. If there are no cities with territory in a project area of
the redevelopment agency, the county superintendent of education may
appoint an additional member to represent the public.
(9) If there are no special districts of the type that are
eligible to receive property tax pursuant to Section 34188 within the
territorial jurisdiction of the former redevelopment agency, the
county may appoint one member to represent the public.
(10) If a redevelopment agency was formed by an entity that is
both a charter city and a county, the oversight board shall be
composed of seven members selected as follows: three members
appointed by the mayor of the city, if that appointment is subject to
confirmation by the county board of supervisors; one member
appointed by the largest special district, by property tax share,
with territory in the territorial jurisdiction of the former
redevelopment agency, that is the type of special district that is
eligible to receive property tax revenues pursuant to Section 34188;
one member appointed by the county superintendent of education to
represent schools; one member appointed by the Chancellor of the
California Community Colleges to represent community college
districts; and one member representing employees of the former
redevelopment agency appointed by the mayor of the city, if that
appointment is subject to confirmation by the county board of
supervisors, to represent the largest number of former redevelopment
agency employees employed by the successor agency at that time.
(b) The Governor may appoint individuals to fill any oversight
board member position described in subdivision (a) that has not been
filled by May 15, 2012, or any member position that remains vacant
for more than 60 days.
(c) The oversight board may direct the staff of the successor
agency to perform work in furtherance of the oversight board's duties
and responsibilities under this part. The successor agency shall pay
for all of the costs of meetings of the oversight board and may
include those costs in its administrative budget. Oversight board
members shall serve without compensation or reimbursement for
expenses.
(d) Oversight board members are protected by the immunities
applicable to public entities and public employees governed by Part 1
(commencing with Section 810) and Part 2 (commencing with Section
814) of Division 3.6 of Title 1 of the Government Code.
(e) A majority of the total membership of the oversight board
shall constitute a quorum for the transaction of business. A majority
vote of the total membership of the oversight board is required for
the oversight board to take action. The oversight board shall be
deemed to be a local entity for purposes of the Ralph M. Brown Act,
the California Public Records Act, and the Political Reform Act of
1974. All actions taken by the oversight board shall be adopted by
resolution.
(f) All notices required by law for proposed oversight board
actions shall also be posted on the successor agency's Internet Web
site or the oversight board's Internet Web site.
(g) Each member of an oversight board shall serve at the pleasure
of the entity that appointed that member.
(h) The Department of Finance may review an oversight board action
taken pursuant to this part. Written notice and information about
all actions taken by an oversight board shall be provided to the
department by electronic means and in a manner of the department's
choosing. An action shall become effective five business days after
notice in the manner specified by the department is provided unless
the department requests a review. Each oversight board shall
designate an official to whom the department may make those requests
and who shall provide the department with the telephone number and
email contact information for the purpose of communicating with the
department pursuant to this subdivision. Except as otherwise provided
in this part, if the department requests a review of a given
oversight board action, it shall have 40 days from the date of its
request to approve the oversight board action or return it to the
oversight board for reconsideration and the oversight board action
shall not be effective until approved by the department. If the
department returns the oversight board action to the oversight board
for reconsideration, the oversight board shall resubmit the modified
action for department approval and the modified oversight board
action shall not become effective until approved by the department.
If the department reviews a Recognized Obligation Payment Schedule,
the department may eliminate or modify any item on that schedule
prior to its approval. The county auditor-controller shall reflect
the actions of the department in determining the amount of property
tax revenues to allocate to the successor agency. The department
shall provide notice to the successor agency and the county
auditor-controller as to the reasons for its actions. To the extent
that an oversight board continues to dispute a determination with the
department, one or more future recognized obligation schedules may
reflect any resolution of that dispute. The department may also agree
to an amendment to a Recognized Obligation Payment Schedule to
reflect a resolution of a disputed item, however, this shall not
affect a past allocation of property tax or create a liability for
any affected taxing entity.
(i) Oversight boards shall have fiduciary responsibilities to
holders of enforceable obligations and the taxing entities that
benefit from distributions of property tax and other revenues
pursuant to Section 34188. Further, the provisions of Division 4
(commencing with Section 1000) of Title 1 of the
Government Code shall apply to oversight boards. Notwithstanding
Section 1099 of the Government Code, or any other law, any individual
may simultaneously be appointed to up to five oversight boards and
may hold an office in a city, county, city and county, special
district, school district, or community college district.
(j) Commencing Except as specified in
subdivision (q), commencing on and after July 1, 2016, in each
county where more than one oversight board was created by operation
of the act adding this part, there shall be only one
oversight board appointed as follows:
(1) One member may be appointed by the county board of
supervisors.
(2) One member may be appointed by the city selection committee
established pursuant to Section 50270 of the Government Code. In a
city and county, the mayor may appoint one member.
(3) One member may be appointed by the independent special
district selection committee established pursuant to Section 56332 of
the Government Code, for the types of special districts that are
eligible to receive property tax revenues pursuant to Section 34188.
(4) One member may be appointed by the county superintendent of
education to represent schools if the superintendent is elected. If
the county superintendent of education is appointed, then the
appointment made pursuant to this paragraph shall be made by the
county board of education.
(5) One member may be appointed by the Chancellor of the
California Community Colleges to represent community college
districts in the county.
(6) One member of the public may be appointed by the county board
of supervisors.
(7) One member may be appointed by the recognized employee
organization representing the largest number of successor agency
employees in the county.
(k) The Governor may appoint individuals to fill any oversight
board member position described in subdivision (j) that has not been
filled by July 15, 2016, or any member position that remains vacant
for more than 60 days.
(l) Commencing on and after July 1, 2016, in each county where
only one oversight board was created by operation of the act adding
this part, then there will be no change to the
composition of that oversight board as a result of the operation of
subdivision (b).
(m) Any oversight board for a given successor agency shall cease
to exist when all of the indebtedness of the dissolved redevelopment
agency has been repaid or a successor agency has dissolved the
oversight board pursuant to subdivision (q).
(n) An oversight board may direct a successor agency to provide
legal or financial advice in addition to that provided by agency
staff.
(o) An oversight board is authorized to contract with the county
or other public or private agencies for administrative support.
(p) On matters within the purview of the oversight board,
decisions made by the oversight board supersede those made by the
successor agency or the staff of the successor agency.
(q) Notwithstanding subdivision (j), an oversight board within the
County of Los Angeles shall continue to independently operate until
its successor agency adopts a resolution dissolving its oversight
board and its oversight board approves that resolution, after which
time the successor agency shall be overseen by the oversight board
established pursuant to subdivision (j).
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the County of Los Angeles.
