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CITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVE THE PALM DESERT LEGISLATIVE REVIEW
COMMITTEE'S RECOMMENDATION TO PROVIDE A LETTER
TO ASSEMBLYMAN NESTANDE OPPOSING AB 438
(WILLIAMS).
SUBMITTED BY: Gary Rosenblum, Risk Manager/ Legislative Analyst
DATE: May 12, 2011
CONTENTS: Recommended Letter of Opposition
Recommendation
By Minute Motion, approve the recommended letter of opposition to AB 438
(Williams) to Assemblyman Nestande.
Committee Recommendation
On April 26, 2011, the Palm Desert Legislative Review Committee recommended that
the City Council approve a letter of opposition concerning AB 438 (Williams).
Background
Assembly Bill 438 (Williams) would require that any municipal or county government
that wishes to manage the costs of providing library services to its residents would be
mandated to place before the voters, in an election, the decision to change from having
the county operate the library to having a private sector contractor operate the library.
This bill would force cities or county governments to hold an election in order to perform
decision making duties related to one specific element currently managed by them. The
bill is specifically designed to prevent a local government from using a private contractor
to provide library services, as a means of protecting county library staff positions.
Codifying a policy to have the legislature force local governments to submit normal
administrative decisions to voter approval restricts the rights such entities have in
managing their affairs.
Passage of this bill would create a precedent that the State has the authority to select
an administrative issue normally handled by local governments and subject that
administrative issue to a vote. If the issue resulted in significant cost savings to the
local government, and the voters rejected the proposed plan, then the local government
would have its hands tied when it came to managing such budget issues.
Staff Report: Assembly Bill 438 (Williams)
May 12, 2011
Page 2 of 2
If library management can be subject to this kind of policy by the State, then any local
administrative function (e.g. trash collection, code enforcement, etc) could be subject to
the State's authority to mandate an election, if the service was privatized. This bill
would is ultimately corrosive to the local government's ability to manage their own
affairs.
Therefore, the City of Palm Desert Legislative Review Committee recommends a letter
of opposition to AB 438 (Williams) be sent to Assemblyman Nestande and appropriate
Assembly committee members.
Fiscal Analysis
There is no direct fiscal impact of this bill to the City; however, an indirect impact could
occur if the city is potentially unable to provide cost effective services via contract as a
result of AB 438 (Williams).
Submitted By:
Gary Rosenblum, Fisk N nager/ Legislative Analyst
Approval:
CITY COIINCILACTION
APPROVED DENIED
RECEIVED OTHER
Paul S. Gibson, Director of Finance
M. Wohlmuth, City Manager
NIEE"PING DATE
AYES: Fnerfy, /ii2rni /, Kroonea
Noes: Ncn�
ABSENT: None -
ABSTAIN: I f /) e
VERI141ED BY: g/In/(C
Original on File with City lerk's cs
May 12, 2011
The Honorable Brian Nestande
California State Assembly, 64th District
State Capitol Building, Room 4153
Sacramento, California 95814
Dear Assemblymember Nestande:
We respectfully seek your opposition to Assembly Bill 438
(Williams), which would require any municipal or county
government that wishes to manage the costs of providing library
services to its residents, to place before the voters the decision
of changing their library from a county to a private sector
contractor operation.
This bill would force cities or county governments to hold an
election in order to perform decision making duties related to
one specific element currently managed by them. Codifying a
policy to have the legislature force local governments to submit
normal administrative decisions to voter approval restricts the
rights such entities have in managing their affairs.
Passage of this bill would create a precedent that the State has
the authority to select an administrative issue normally handled
by local government and subject that administrative issue to a
popular vote. If the plan would produce significant cost savings
to the local government, and the voters rejected the proposed
plan, then the local government would have its hands tied when
it came to managing the local budget issues.
If library management can be subject to this kind of policy by the
State, then any local administrative function (e.g. trash
collection, code enforcement, etc) could be subject to the
State's authority to mandate an election, if the service was
privatized. This bill would is ultimately corrosive to the local
government's ability to manage their own affairs.
Assembly Bill 438 (Williams)
May 12, 2011
Page 2 of 2
Therefore, the City of Palm Desert recommends opposition to
AB 438. Thank you for your consideration in this matter. Please
do not hesitate to contact my office or the City's Legislative
Analyst, Gary Rosenblum, if we can be of assistance to you in
any way.
Sincerely,
JEAN BENSON
MAYOR
cc: City Council
John Wohlmuth, City Manager
Justin McCarthy, Assistant City Manager