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Home My WebLink About06 AB 991 VECTOR BOARD 03-21-05 AGENDA REPORT Agenda Item 6 Reviewed: Jif City Manager Finance Director ~ MEETING DATE: MARCH 21, 2005 WilLIAM HUSTON, CITY MANAGER TO: FROM: OFFICE OF THE CITY CLERK SUBJECT: RESOLUTION IN SUPPORT OF ASSEMBLY Bill 991 (DEVORE) SUMMARY: Adoption of Resolution No. 05-51 will formalize the City Council's support for Assembly Bill 991 (DeVore). AB991 will amend Sections 2021 and 2022 of the Health and Safety Code, related to Mosquito Abatement and Vector Control Districts. RECOMMENDATION: Adopt Resolution No. 05-51 supporting Assembly Bill 991 (DeVore). FISCAL IMPACT: There is no fiscal impact to the City. BACKGROUND: Assemblyman Chuck DeVore introduced Assembly Bill 991 to amend the Health and Safety Code relating to mosquito abatement and vector control districts and proposes to delete the authority of the City Council of each city located within the district to appoint a person to the board of trustees; thus reducing the current size of Mosquito Abatement and Vector Control Districts throughout the State of California. Case in point, the Orange County Vector Control District currently has 35 paid appointees and 50 full-time staff members. The proposed legislation will reduce the Board size to 5 members appointed by the Orange County Board of Supervisors. Reducing the size of the Board would free up funds for the Districts operational responsibilities. It would also bring the Board size more in line with other agencies having appointed boards. J:áf .~ .K&/ ØVj Maria R. Huizar, D Chief Deputy City Clerk RESOLUTION NO. 05-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING ASSEMBLY BILL 991 (DeVORE) TO AMEND SECTIONS 2021 AND 2022 OF THE HEALTH AND SAFETY CODE, RELATED TO MOSQUITO ABATEMENT AND VECTOR CONTROL DISTRICTS The City Council of the City of Tustin, California, does hereby resolve as follows: WHEREAS, Existing law provides for the formation of mosquito abatement and vector control districts, provides for the appointment of a board of trustees of at least 5 members, and sets forth their powers and duties. Existing law requires appointment of the members by the county board of supervisors and the city council; and WHEREAS, Assemblyman Chuck DeVore introduced Assembly Bill 991 to amend the Health and Safety Code relating to mosquito abatement and vector control districts and proposes to delete the authority of the City Council of each city located within the district to appoint a person to the board of trustees; thus reducing the current size Mosquito Abatement and Vector Control Districts throughout the State of California; and WHEREAS, the City council has considered the benefits of Assembly Bill 991 at a public meeting held on March 21, 2005; NOW THEREFORE, BE IT RESOLVED that the City Council: 1. AB991 will reduce the size of mosquito abatement and vector control districts to the minimum necessary to provide the services required by residents, businesses, and visitors thereby freeing up funds for the day to day operations of districts. 2. Direct the City Clerk to communicate this support to the State legislature other affected parties. PASSED AND ADOPTED at a regular meeting of the City Council held on the 21st day of March, 2005. LOU BONE Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-51 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of March, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk CALIFORNIA LEGISLATURE-2005-o6 REGULAR SESSION ASSEMBLY BILL No. 991 Introduced by Assembly Member DeVore February 22, 2005 An act to amend Sections 2021 and 2022 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 991, as introduced, DeVore. Mosquito abatement and vector control districts. Existing law provides for the formation of mosquito abatement and vector control districts, provides for the appointment of a board of trustees of at least 5 members, and sets forth their powers and duties. Existing law requires appointment of the members by the county board of supervisors and the city council. This bill would delete the authority of the city council to appoint members. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: I SECTION 1. Section 2021 of the Health and Safety Code is 2 amended to read: 3 2021. Within 30 days after the effective date of the formation 4 of a district, a board of trustees shall be appointed as follows: 5 (a) In the case of a district that contains only unincorporated 6 territory in a single county, the board of supervisors shall appoint 7 five persons to the board of trustees. 99 AB 991 -2- I (b) In the case of a district that is located entirely within a 2 single county MI." eemtain8 b"th inc5Ip8Iateð terIit"Iÿ and 3 tIflineðl'!'"ulteð tcrIit,,!), the böMð "f 8111'el"li3ôB may Itf'pðint 4 öne "èI'ðll tô the bt}arcl t}f tItl3tee" anel the city eéJtll'leil öf eaeh 5 eity that i8 léJeateð in "hôle 8r in pt!ft "ithil'l the di3triet may 6 Itf'pBint 8ne "er88!1 t8 the bðaIð 8ftI'tl,tee8. IftfiB3e Itf'p8intrdcr,t3 7 le3ult in a b8Mð 8ftItl3tee3 "ith le88 than !i.e tItl3teè3, the board 8 of supervisors shall appoint enötlgh adclitit}halpcBön3 tB make a 9 board of trustees of five members. 10 (c) In the case of a district that contains 81'11) unineôf'Jörated II territory in more than one county, the board of supervisors of 12 each county may appoint one person to the board of trustees. If 13 those appointments result in a board of trustees with less than 14 five persons, the board of supervisors of the principal county 15 shall appoint enough additional persons to make a board of 16 trustees of five members. 17 (d) In tfie ca8e öf a digtriet that i3 lôeated in 1\.8 81 111ôIe 18 eôuntie3 and et}ntaim böth ineÖf'Jô!'!ltcd territôf) and 19 tlnineBl'!'ôulted tèrritôf), the böard Bf8tlpeI.i8ôI3 ôfeach eôöffl) 20 Ina) Itf'pôir,t ône pergôn tô the bðard Bf trtl3tec3, and the eit) 21 eðöneil öf each city that i:J l"eated in "hBk ôI part "itbin the 22 di3tIiet may apl'Bint B/ie "eI,ön tB the bôard ôftrn3tee3. IfthBge 23 Itf'pôihtment3 re8ölt in le83 thM H.e pergBn8, the bôMd ôf 24 'tlpm. i3613 ôf H,e prineipal e611nl) 8hall appôint enôtlgh 25 additi"/ialpeI86n, ta make a bôMd ôft!'U8tee, ôfH.e membè!3. 26 SEe. 2. Section 2022 of the Health and Safety Code is 27 amended to read: 28 2022. (a) Each person appointed by a board of supervisors. to 29 be a member of a board of trustees shall be a voter in that county 30 and a resident of that portion of the county that is within the 31 district. 32 (b) Eaeh per'6n Itf'p"inted b) a eit) eaöI,eil tô be a member ôf 33 a bõMd 6f tl'tl8tce3 8hall be a .6tn in that ail) Md a IE8ident 8f 34 that parti6n 6ffue ail) that i, "ithin the di'liiet. 35 (c) Nôt"ith3tandi/ig MY ôthel prB.i8iB/i ana.. il'leltlàil'lg the 36 eBmmB/ila.. dMlrille that pIeelöde, Ihe 3irhtlltalle"tlS h81ding af 37 ineBmpatible ôfftCCg, a l.1ember Bf a eit) eatlfleil may be 38 appBintcd and n,ay 8m. e M a luCli1beI Bf a b6ard ôf tru,tee8 if 39 that per3Bn al8B meet, thc 8theI applicable flöaliHea!i"/i' Bf thi8 40 ehapter-. 99 -3- AB 991 I tdt-I! is the intent of the Legislature that persons appointed to 2 boards of trustees have experience, training, and education in 3 fields that will assist in the governance of the districts. 4 fe1- 5 (c) All trustees shall exercise their independent judgment on 6 behalf of the interests of the residents, property owners, and the 7 public as a whole in furthering the purposes and intent of this 8 chapter. The trustees shall represent the interests of the public as 9 a whole and not solely the interests of the board of supervisors or 10 the city council that appointed them. 0 99