CC - Item V A - Support Of AB 8 (Cardenas) Allowing Equal Representation On The LA Community College District BoardTO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: KmRANK- G. TRIPEPI, CITY MANAGER
DATE: MARCH 23, 2000
RE: SUPPORT OF AB 8 (CARDENAS) ALLOWING EQUAL REPRESENTATION
ON THE LOS ANGELES COMMUNITY COLLEGE DISTRICT BOARD
Attached for your consideration is AB 8 (Cardenas) which establishes single member trustee
districts in the Los Angeles Community College District. Assembly member Tony Cardenas is
requesting our support of this legislation. Attached is a copy of the bill and a letter from
Assembly member Cardenas.
RECOMMENDATION
ITEM 'No. If the Council supports this legislation it is recommended that staff be directed to prepare the
MAR 2 8 2000
necessary correspondence for the Mayor's signature.
staf epor
T ems`
March 17, 2000
Margaret Clark
5838 E. Valley Blvd.
Rosemead, CA 91770
Dear Margaret Clark
C Sslemh v
&II-fornin ~gisfafnrr
TONY CARDENAS
Democratic Caucus Chairman
ASSEMBLYMAN, THIRTY-NINTH DISTRICT
COMMITTEES:
CHAIR:
SELECT COMMITTEE ON INDIAN
GAMING
MEMBER:
BANKING AND FINANCE
BUDGET
BUDGET SUBCOMMITTEE #3 ON
RESOURCES
ELECTIONS, REAPPORTIONMENT
AND CONSTITUTIONAL
AMENDMENTS
GOVERNMENTAL ORGANIZATION
JOINT LEGISLATIVE BUDGET
UTILITIES AND COMMERCE
As you are well aware, last session I authored AB 1328, which was vetoed by Governor
Gray Davis. AB 1328 would have established single member trustee districts in the Los
Angeles Community College District (LACCD) allowing equal representation of all the
communities. As you know, the status quo has not been fair in representing all the
residents of LACCD. Many incidents have occurred which have proven the present
system ignores the necessities of neighborhoods.
Due to the importance of AB 1328, I have recently "gutted and amended" one of my bills
to include language that will accomplish the essential goal of ensuring the equal
representation of all the LACCD. The new bill is AB 8. I would like to ask for your
continuing support and I vow to continue working until residents and students within
LACCD receive equal representation.
Once again, I would like to thank you for your support. I would appreciate if your city
would once again submit letters of support. I would also request your city pass a
resolution supporting AB S. If you have any questions on this or any other matter, do not
hesitate to contact my staff member, Francisco Martinez, at (916) 319-2039.
Sincerely,
,_r ~a Y' Hx o
TONY CARDENAS
Assemblymen, 391h District
TC: ap
STATE CAPITOL, P.O. BOX 942849, SACRAMENTO, CA 94249-0001, PHONE (916) 319-2039 FAX (916) 319-2139
DISTRICT OFFICE, 9140 VAN NUYS BLVD., SUITE 109, PANORAMA CITY, CA 91402, PHONE (818) 894-3671 FAX (818) 894-4672
~W
Printed on Recycled Paper - -
CURRENT BILL STATUS
MEASURE : A.B. No. 8
AUTHOR(S) Cardenas.
TOPIC Postsecondary education: community college trustee
areas.
HOUSE LOCATION SEN
+LAST AMENDED DATE 02/28/2000
TYPE OF BILL :
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 03/16/2000
LAST HIST. ACTION Withdrawn from committee. Re-referred to Com. on ED.
COMM. LOCATION SEN EDUCATION
TITLE An act to amend Section 5019.5 of, to amend and renumber
Section 72031 of, and to add Article 4 (commencing with
Section 72040) to Chapter 1 of Part 45 of, the Education
Code, relating to postsecondary education.
COMPLETE BILL HISTORY
BILL NUMBER : A.B. No. 8
AUTHOR Cardenas
TOPIC Postsecondary education
TYPE OF BILL :
BILL HISTORY
2000
community college trustee areas.
Active
Non-Urgency
Nor.-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tar. Levy
Feb. 28 From committee chair, with author's amendments: Amend, and re-refer
to committee. Read second time, amended, and re-referred to Com.
on RLS.
1999
June 17 Referred to Com. on RLS.
June 7 In Senate. Read first time. To Com. on RLS. for assignment.
June 3 Read third time. Urgency clause adopted. Passed and to Senate.
(Ayes 61. Noes 17. Page 2434.)
June 1 Read second time. To third reading.
May 28 From committee: Amend, and do pass as amended. (Ayes 14. Noes 7.)
(May 26). Read second time and amended. Ordered returned to
second reading.
May 12 In committee: Set, first hearing. Referred to APPR. suspense file.
Apr. 22 From committee: Do pass, and re-refer to Com. on APPR.
Re-referred. (Ayes 9. Noes 3.) (April 20).
Jan. 11 Referred to Com. on HIGHER ED.
1998
Dec. 8 From printer. May be heard in committee January 7.
Dec. 7. Read first time. To print.
AMENDED IN SENATE FEBRUARY 28, 2000
AMENDED IN ASSEMBLY MAY 28, 1999
CALIFORNIA LEGISLATURE-1999-2000 REGULAR SESSION
ASSEMBLY BILL No. 8
Introduced by Assembly Member Cardenas
December 7, 1998
An act relating to the has Angeles Geffffnttnity College
Distriet, and deeiaring-the txgene} theree€, to take effeet
Lmmediately: to amend Section 5019.5 of, to amend and
renumber Section 72031 of, and to add Article 4 (commencing
with Section 72040) to Chapter I of Part 45 of, the Education
Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 8, as amended, Cardenas. Los Angeles Gentmunify
GoHege Dist et Postsecondary education: community
college trustee areas.
(1) Existing law requires the governing board of each
school district or community college district in which trustee
areas have been established, and in which each trustee is
elected by the residents of the area the trustee represents, to
adjust the trustee area boundaries following the decennial
census.
This bill would impose a state-mandated local program by
requiring a community college district to make a proposed
adjustment public prior to its adoption.
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AB 8 -2-
(1) Existing law establishes in each county a county
committee on school district organization, which is
authorized to establish trustee areas in community college
districts. Existing law requires members of the Board of
Trustees of the Los Angeles Community College District to be
elected at large in odd-numbered years in a specified manner.
This bill, instead, would require the Board of Trustees of the
Los Angeles Community College District to establish 7 trustee
areas in the district, and would require members of the
governing board to be elected by trustee area. By increasing
the responsibilities of the county and the community college
district when they conduct elections, the bill would impose a
state-mandated local program.
(3) This bill would state the findings and declarations of the
Legislature that, due to unique circumstances applicable to
the Los Angeles Community College District, a statute of
general applicability cannot be made applicable.
(4) 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, including the
creation of a State Mandates Claims Fund to pay the costs of
mandates that do not exceed SI,000,000 statewide and other
procedures for claims whose statewide costs exceed
$1,000,000.
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.
the stiffl of S4,772,000 ffem the Higher °d„t~.i~ii
i-.gii~,~i_ .
afneants, ea}iee
of the Galif Fri "„`„"unit., Gallegeg Fv._ -to the Les
cbr-' -niawai~vi alleeet:e~i uvJ
A...gele.. Geni unit • Gallege Distfiet for site w RGi;tiisi tion at
b iuV
i as Angel s Mission G illege The Budget A et of 1997 provided
b exgendifefe ate', -lane 30, 1998.
1998, and F..'tl er required that the balanee ,et4 an 4anuaf `
n ~uii..rtiy
-1 1999.
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-3-
AB 8
T
appr
his bill wouln in ° manner similar to the above refereneea
opriation ift the Budget Aei of 1992, state ihe intent of the
1
i
i
t
i
th
B
d
t A
t
f 1999
l
t
~eg
o appropf
a
e
n
e
u
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e
o
,
s
attffe
, 84,4
Fun
~2,990 Ira
d af 199-2 to the Beafel of Govemefs of the Galifemid
at Las Angeles Mission Gallege.
(2) The bill wauld deelare that it is te take eFFeef
immediately as an urgeney statute.
Vote: 2/3 majority. Appropriation: no. Fiscal committee: rte
yes. State-mandated local program: na yes.
The people of the State of California do enact as follows
1
SEGTIOP4 i. it ts the intent ai
the Legisiatufe to
2
SECTION 1. Section 5019.5
of the Education Code is
3
amended to read:
4
5019.5. (a) Following each
decennial federal census,
5
and using population figures
as validated by the
6
Population Research Unit of th
e Department of Finance
7
as a basis, the governing board
of each school district or
8
community college district in
which trustee areas have
9
been established, and in which
each trustee is elected by
10
the residents of the area he or
she represents, shall adjust
I1
the boundaries of any or all of the trustee areas of the
12
district so that one or both of the following conditions is
13
satisfied:
14
(1) The population of each area is, as nearly as may be,
15
the same proportion of the total
population of the district
16
as the ratio that the number of
governing board members
17
elected from the area bears
to the total number of
18
members of the governing board.
19
(2) The population of each are
a is, as nearly as may be,
20
the same proportion of the total
population of the district
21
as each of the other areas.
22
(b) The governing board of
each community college
23
district shall make a proposal
of boundary adjustment
24
available to the public prior to
adjusting the boundaries
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AB 8 -4
1 of trustee areas. Public comment regarding the proposal
2 shall be elicited and considered by each governing board.
3 (c) (1) The boundaries of the trustee areas shall be
4 adjusted by the goveming board of each school district or
5 community college district, in accordance with
6 subdivision (a), before the first day of March of the year
7 following the year in which the results of each decennial
8 census are released. If the goveming board fails to adjust
9 the boundaries before the first day of March of the year
10 following the year in which the results of each decennial
11 census are released, the county committee on school
12 district organization shall do so before the 30th- day-o
13 April 30 of the same year.
14 The
15 (2) The goveming board of the school district or
16 community college district shall reimburse all reasonable
17 costs incurred by a county committee in adjusting the
18 boundaries pursuant to this subdivision.
19 fe)-
20 (d) Except to the extent that the adjustment of trustee
21 area boundaries is necessary for the purposes set forth in
22 this section, the authority to establish or abolish trustee
23 areas, rearrange the boundaries of trustee areas, increase
24 or decrease the number of members of the governing
25 board, or adopt any method of electing goveming board
26 members may be exercised only as otherwise provided
27 under this article or under Article 3 (commencing with
28 Section 72022) of Chapter I of Part 45.
29 SEC. 2. Section 72031 of the Education Code is
30 amended and renumbered to read:
31 72031. The pi:eeisiens of this seetion shall apply enly
32 to the Las Anigeles Geffimuftity College .
33 (a-)-
34 72044. Whenever in this code a section refers to a
35 district, or to two or more districts, govemed by a single
36 governing board, or by governing boards of identical
37 personnel, or to a district or districts in. which the average
38 daily attendance or the number of full-time equivalent
39 students is in excess of 400,000, or makes a similar
40 reference, all provisions of the section shall apply with
97
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5- AB 8
1 equal force to both the city school district and community
2 college district.
3 (b) Membefs of the governing boaftl of the Las
4 Angeles Genimunity College Disttiet shall be eleeted at
5 lafge in the Rian"er established by Chapter 62 of the
6 Statutes Vf 1968.
7 SEC. 3. Article 4 (commencing with Section 72040) is
8 added to Chapter 1 of Part 45 of the Education Code, to
9 read:
10
11 Article 4. Los Angeles Community College District
12
13 72040. This article shall apply only to the Los Angeles
14 Community College District.
15 72041. This article shall supersede any conflicting
16 provisions of Sections 5019 and 5020 and any other
17 provisions of Chapter I (commencing with Section 5000)
18 of Part 4, Article 3 (commencing with Section 72022) of
19 Chapter 1 of Part 45 of this code, or Sections 1302 and
20 10405.7 of the Elections Code.
21 72042. The Board of Trustees of the Los Angeles
22 Community College District shall, by July 1, 2001, provide
23 for the establishment ofseven trustee areas.
24 72043. (a). The Board of Trustees of the Los Angeles
25 Community College District shall hold a public hearing
26 prior to its adoption of the boundaries of the trustee areas
27 and shall have sole authority to establish those
28 boundaries.
29 (b) The Board of Trustees of the Los Angeles
30 Community College District shall number the trustee
31 areas established pursuant to Section 72042. The trustee
32 area with the northernmost boundary shall be area 1. The
33 trustee area with the boundary that, except for the
34 boundary of area 1, is northernmost, shall be area 2. Each
35 of the remaining districts shall be numbered accordingly
36 3 to 7, inclusive. Each trustee area shall be balanced in
37 resident population.
38 (c) Any person who seeks election to represent a
39 trustee area in the Los Angeles Community College
97
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AB 8 -6
1 District shall reside in and be registered to vote in that
2 trustee area.
3 (d) (1) The four trustee positions that will expire on
4 June 30, 2001, shall be filled by election at large. The
5 trustees elected at that election shall serve four-year
6 terms.
7 (2) The three trustee positions that will expire on June
8 30, 2003, shall be filled by three trustees elected by trustee
9 area for four -year terms.
10 (3) The trustee areas in which elections will be held in
11 2003 shall be determined by lot.
12 (4) The remaining trustee positions shall be elected by
13 trustee area in 2005.
14 SEC. 4. The Legislature finds and declares that, due
15 to the unique circumstances applicable to the Los
16 Angeles Community College District relating to its size,
17 a statute of general applicability cannot be made
18 applicable within the meaning of subdivision (b) of
19 Section 16 of Article lV of the California Constitution.
20 SEC. 5. Notwithstanding Section 17610 of the
21 Government Code, if the Commission on State Mandates
22 determines that this act contains costs mandated by the
23 state, reimbursement to local agencies and school
24 districts for those costs shall be made pursuant to Part 7
25 (commencing with Section 17500) of Division 4 of Title
26 2 of the Government Code. If the statewide cost of the
27 claim for reimbursement does not exceed one million
28 dollars (SI,000,000), reimbursement shall be made fn-onn
29 the State Mandates Claims Fund.
30 appropriate, in the 0
31 m hair-seven hundred seventy twe thatxsand d
32
33 Bond Fund of 1992 to the Beafd of Gayernars of th-e
34 "alifemaa Gaffimuntity-Ealleg„ s €er eapital etitia) --€aF
35
36 m tfiet fer site aequisitian at Las n^^^t N fissien
37 Eallege
38
39
40
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2
3
4
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-7- AB 8
O
97
feauthafive the expendittit:e of these fitnds as seen a-9