TO LOS ANGELES COUNTY LOCAL AGENCY FORMATION COMMISSION
Valley Study Foundation, Inc 14622 Ventura Blvd. Ste 201-B Sherman Oaks, CA 91403 (818) 501-5862 Fax (818) 501-6959
Re: SPECIAL REORGANIZATION OF THE SAN FERNANDO VALLEY
VALLEY STUDY FOUNDATION, INC. a Non Profit California Corporation, by and on behalf of 132,490 qualified petitioners of the San Fernando Valley
PREFACE
GOVERNMENT
STRUCTURE
ALLOCATION
OF SERVICES, ASSETS AND LIABILITIES
MUNICIPAL
SERVICES
ASSETS
AND LIABILITIES
REVENUES
AND EXPENDITURES
EMPLOYEES
INDEPENDENT
AND PROPRIETARY DEPARTMENTS
CONCLUSION
Rev 5-1-00
This preliminary Vision Statement is submitted on behalf of the 132,490 qualified and registered voters ("Applicant") of the San Fernando Valley ("Valley") who have petitioned to study a proposed Special Reorganization of the City of Los Angeles ("City") pursuant to procedures established by the State of California and the Los Angeles County Local Agency Formation Commission ("LAFCO").
DRAFT PRELIMINARY VISION OF A NEW CITY
Residents of the San Fernando Valley have petitioned for a study of reorganizing Los Angeles into two smaller cities because they seek the following long-term results from Local Government:
1. Greater local control over local neighborhoods and decisions affecting their quality of life,
2. Improved basic services,
3. Lower Taxes and Fees,
4. Safe and Clean Neighborhoods
5. Short, medium and long term planning based on the public's priorities,
6. A Business environment that encourages new businesses, seeks to retain existing businesses and seeks to create new quality jobs
7. Equal Opportunity and fair representation for all residents,
8. Equity in the distribution of services and representation,
9. Government that is accessible, accountable and responsive. To index
The Applicant has prepared this preliminary Vision Statement at the request of LAFCO. Applicant reserves all right of objection to this process and to further burdens being placed on Applicant. Applicant contends that there is no legal authority requiring Applicant to submit this document, to expend further resources, to respond to requests, to provide information, or take any further acts in the LAFCO process.
This Vision Statement is designed to provide one possible model for a new municipality, for the purpose of LAFCO's study process. Applicants recognize that the proposed municipality would be governed by a duly-elected city council, which would be charged with implementing a vision on behalf of the residents of the area. This Vision Statement is preliminary and Applicant reserves the ongoing right to modify and/or amend it as the LAFCO information gathering process moves through steps two, three and four of the LAFCO Seven Step Study Process. The Applicant has prepared this preliminary Vision Statement without the benefit of specific critical information that will only be developed and become available from LAFCO as a result of Steps two, three and four of the LAFCO Study Process. Such information includes information the City of Los Angeles will be required to supply about its operations in Step three such as, but not limited to, geo-coded revenue sources, the allocation of resources and services within the affected territory, and the number of employees who work within the affected territory. Such information significantly influences the foundation upon which this Preliminary Vision Statement was developed. As the Applicant receives additional data and information that becomes available through the LAFCO study process, the Applicant specifically reserves the right to alter elements of this Preliminary Vision Statement prior to or as part of Step five when the Applicant is asked to submit a detailed Reorganization Plan, at which point and upon which LAFCO will prepare the Comprehensive Fiscal Analysis.;
Applicant's preliminary Vision Statement is based upon the following General Comments;
1. Applicant's preliminary Vision statement was prepared in accordance with the guidelines and time frame set forth by LAFCO. Applicant will post this preliminary Vision Statement on a website at www.ValleyVote.org to obtain input, comments and suggestions from the public. Such input, comments and suggestions will be taken into account as future modifications or additions are considered by the Applicant. Additionally, it is Applicant's understanding that the elements of this preliminary Vision Statement will be the subject of public hearings held by LAFCO as part of the LAFCO process and that the public's input, comments and suggestions will be taken into account by LAFCO as it evaluates and considers the structure of the proposed Special Reorganization.
2. Applicant's preliminary Vision Statement proposes a Special Reorganization of the City of Los Angeles into two smaller municipalities in a manner intended to improve the quality of life for the residents of the newly incorporated city as well as those residents who live within the residual City of Los Angeles. The underlying issue is that of Local Control and allowing residents of the newly incorporated city, as well as residents who remain within the residual City of Los Angeles to make their own decisions regarding their own municipal services and facilities. Toward this end, the Applicant seeks to divide the existing city's municipal services in such a way as to have a smooth and equitable transition, with minimal impact upon city services, operations, departments, employees and residents.
3. The Applicant's preliminary Vision Statement is based upon the belief that a Special Reorganization will produce advantages for all residents -- those in the San Fernando Valley municipality as well as those in the residual City of Los Angeles. Such benefits are expected to include greater local control; smaller more accessible, accountable and responsive government, and improved public services. It is further expected that better fiscal management and fewer levels of bureaucracy will result in substantial savings in operations and delivery of services.
4. The preliminary Vision Statement is based upon Applicant's belief that local government and its elected officials are to be the servants of the public. This preliminary Vision Statement takes a frugal approach to the establishment a new Valley City. To the extent possible the proposed new city shall utilize existing facilities and equipment. Additionally, elected officials should be compensated fairly but in line with local salaries appropriate for the work and responsibilities involved and with those who they represent. Thus, a new City in the Valley would attract those who wish to serve their constituents rather than becoming career politicians.
5. This preliminary Vision Statement is also based upon the proposition that all changes affecting the residents of the proposed valley City will be determined by the duly elected Mayor and City Council members of the new municipality, elected by, and based upon the will of the public. While the Applicants individually and collectively may have strongly held beliefs and ideas about how to improve services, they defer to the new municipality's elected representatives, who will have the standing and ability to make changes through due public process before considering or implementing changes in operations and services.
6. This preliminary Vision Statement is reflective of the Applicant's intent to comply with the legal requirements and findings required under the Special Reorganization process as set forth in the Cortese-Knox Act.
7. This preliminary Vision Statement by the Applicant proposes no material changes that are expected to affect the environment resulting from and at the time of the proposed Special Reorganization. It is also the Applicant's intent that there be no change in the existing planning or land-use provisions of the existing General Plan or of any Community Plan as a direct result of the Special Reorganization. Changes, if any, during the normal course of the future city's existence would be made subsequently by the then-elected officials and would be subjected to an open public process including the determination of any environmental impacts.;
8. The Applicant's preliminary Vision Statement is based upon the Applicant's belief that residents of the City of Los Angeles are the equivalent of shareholders and thus are entitled to a per capita, proportionate interest in all the City's assets, facilities, departments, services, revenues and debts regardless of which area of the city they are located within and regardless of whether they are located in a geographic area initiating a Special Reorganization process.
9. The Applicant's preliminary Vision Statement is based upon the belief that the Special Reorganization process was created by the State of California, and in doing so, it was the legislature's intent to give communities such as the affected territory in the San Fernando Valley the democratic right to empower themselves by exploring the option of creating their own municipality if residents believe their existing City is not sufficiently meeting their needs. As such Applicant believes the Special Reorganization process should be fair, comprehensive and completed in a timely manner. Ultimately, the question of reorganizing the existing city into two smaller cities will be subject to a majority vote of all the City's residents. To index
This preliminary Vision for the Government Structure of the newly proposed City within the San Fernando Valley is based on the following elements;
1. General Law City - As set forth in the California Constitution, the newly proposed City at the time of its creation will begin as a General Law City. The elected representatives of the new city and the voting public will then have the opportunity; to vote upon any proposed City Charter, and thus determine the form of municipal government that best suits their needs.
2. Transfer of Existing Laws - To provide continuity, stability and an orderly transition, the existing City of Los Angeles laws and ordinances, as required by the Cortese-Knox Act, will roll over to the new Valley city at the time of its creation, except as designated otherwise by LAFCO. One primary objective of the proposed reorganization is to provide local residents with control over the governance of their own communities and their own municipal services. With that in mind, subsequent changes to the existing laws and ordinances would then be made by the newly elected local officials. These officials would be duly elected by the public and conduct their deliberations in accordance with public policy laws and guidelines such as the Brown Act.
3. Providing Municipal Services - The Applicant's preliminary Vision Statement foresees that the new City will operate as an independent city. As such for the most part it shall be responsible for maintaining and operating its own departments and municipal services. However, Applicant recognizes the probable need to contract for certain municipal services, either on a transitional or permanent basis. This could include contracting with the existing City, neighboring cities, or the County of Los Angeles, as appropriate.
4. City Council - The Applicant anticipates the initial creation of a fixed-size City Council under the General Law city provisions of the California Codes. The City Council positions should be compensated fairly but in such a way as to attract candidates whose priorities lie in serving their community and neighbors, rather than as career politicians. The Applicant is currently supporting State legislation that would modify the General Law provisions to provide that the newly proposed municipality in the Valley have not less than one council person per 100,000 residents, thus ensuring a greater level of representation for the residents than they currently have. The Council members would be elected to represent districts that conform to the Voting Rights Act and to related civil rights cases and statutes.
5. Mayor - The Applicant proposes that the new municipality have a Mayor who is elected by the general public. The Mayor would be the executive officer of the City Government. The Mayor would be elected by a citywide vote and provide a system of checks and balances in the new municipality. To index
The division and allocation of services, assets and liabilities, should be done in the most fair and equitable fashion possible.; The residents of the existing City should be considered as pro rata stakeholders, similar to private shareholders, each with a vested percentage interest in the entire assets of the City of Los Angeles. The overarching rule should be a division in which the assets in each resultant municipality's account are proportionate to its population.
In the case of population, the affected territory is estimated to be 36.25% (1,337,446 residents in the City of Los Angeles portion of the San Fernando Valley divided by 3,688,311 total residents in the City of Los Angeles according to the 1998 Los Angeles County Urban Research Department).
Where and when appropriate to achieve equity, a geographic measurement may be more appropriate measurement of fair allocation.
In the case of the geographic area of the affected territory the percentage is estimated to be 47.74% (222 square miles in the Los Angeles portion of the San Fernando Valley divided by 465 total square miles in the City of Los Angeles).
In the case of utility lines, streets, sidewalks, etc, ("Distributed Infrastructure"), facilities should generally be equalized in place, with any special allocation being handled as follows: The percentage would be the percentage of the measured item located within the affected territory divided by the total measured item in the total City of Los Angeles.;
In the case of fixed immovable local assets such as buildings, libraries, fire stations, etc. ("Localized Structures and Infrastructure") valuation would be determined using accepted appraisal standards, and booked as an asset of the municipality where situated.
In the case of fixed immovable centralized assets such as City Hall, ("Centralized Structures and Infrastructure") the asset would be appraised, with a proportional interest debited to the municipality where situated and credited to the other municipality.
In the case of fixed immovable centralized service infrastructure assets, such as utility, sewer, and service plants, stations and facilities ("Centralized Service Infrastructure") the asset would be held and operated jointly, or operated under a joint powers agreement, with continued, consistent and equitable provision of services.
; In the case of cash on hand, funds, receivables, and other personal property and moveable assets such as vehicles, chattels and supplies ("Fungible Assets") such assets shall be divided equitably by type, by lot, or on an auction basis, and pro rata by quantity. To index
; The Applicant's preliminary Vision Statement for the delivery of Municipal Services to the newly proposed City within the San Fernando Valley is based on the following elements;
1. Allocation of Services - Applicant proposes that the municipal services to the newly proposed municipality be equitably allocated on a prorata basis. Applicant proposes, to the greatest extent possible, that the newly proposed city shall initially continue to receive the same level of service the area is currently receiving plus a similar prorata percentage of central services, but administered locally. Services would be allocated based on population, geographic area or other applicable measurement, depending on which measure more appropriate correlates with the delivery of the particular municipal service.
2. Departments - For the purpose of this preliminary Vision Statement and subject to new information that may come later as a part of the LAFCO study process, the Applicant proposes to maintain the same basic departments that now exist for the City of Los Angeles, but administered locally. Applicant proposes that personnel, equipment and facilities initially be allocated at the same level the affected territory is currently receiving plus a similar pro-rata percentage of central services, but administered locally. (See Attachment "A" for a list of city departments)
3. Service Priorities - Notwithstanding any reservation of rights hereunder, as the LAFCO Study process proceeds Applicant as part of its modification or as part of Step five will set priorities for the services and Departments that the proposed new city will provide. Applicant is most concerned about the delivery of basic public services especially public safety. As such it currently is the Applicant's particular intent to administer and operate its own local Police Department and Fire Department. It is anticipated that these departments may initially be created through a reconfiguration and re-dedication of existing equipment, facilities and personnel. To index
If LAFCO determines that a special reorganization is deemed feasible and can be made to comply with the Cortese-Knox Act provisions, Applicant proposes that the City's Assets and Liabilities be equitably divided between the San Fernando Valley and the residual City of Los Angeles as set forth herein.
ASSETS
Applicant proposes that local assets Distributed Infrastructure, Localized Structures and Infrastructure, Centralized Structures and Infrastructure, and Fungible Assets, as defined herein, including but not limited to buildings, land, libraries, parks, facilities, infrastructure improvements, furniture, equipment, and vehicles within the San Fernando Valley remain within the Valley and become the property of the new municipality. Local assets located in the rest of Los Angeles shall remain with Los Angeles. To the extent the value of local assets located in the Valley is more or less than the percentage of citywide assets the Valley is entitled to, on a pro-rata basis, then as part of the Special Reorganization, an adjustment or credit, if any, should be provided for the differential in value as part of the terms and conditions set down by LAFCO. The Applicants contend that the proposed new municipality in the Valley is entitled to its pro-rata (36.25%) interest when allocating such assets. The final proposal for the; allocation and accommodation of the Valley's pro-rata interests will require additional consideration by the Applicant, the City of Los Angeles and LAFCO once such assets have been identified and quantified.
LIABILITIES
Applicant proposes that unsecured and general City Liabilities be equitably divided between the San Fernando Valley and the remainder of Los Angeles on the same basis as allocation of assets. Each resulting municipality should assume its equitable responsibility for such existing debts and liabilities. Liabilities are to include funded and unfunded indebtedness. Special consideration should to be given to secured liabilities and those obligations such as bonds that have funded a specific asset or improvement.; In such case, the debt attaching to an asset being claimed or received hereunder shall accompany the asset or that portion of the asset allocable to each municipality. The value of the secured asset should be adjusted to accommodate debits that are not divided on a pro-rata basis. To index
Applicant proposes to meet the Special Reorganization requirements as set forth by the Cortese-Knox Act, while achieving an equitable distribution of the City's revenue and expenditures between the San Fernando Valley and the remainder of Los Angeles. Applicant is not seeking a Special Reorganization as a means of avoiding financial responsibility and acknowledges the goal of revenue neutrality so that the existing residents of the City of Los Angeles who occupy the residual municipality and the residents of the newly proposed municipality in the San Fernando Valley are not materially impacted financially as a result of the proposed Special Reorganization. To index
Applicant proposes to retain and allocate the existing City Employees between the newly proposed San Fernando Valley's City Departments and services and the existing City of Los Angeles Departments and services so there will be a smooth transition for all City employees. This should be done on a voluntary basis, and in the event there is a surplus of volunteers, then positions be allocated by lot. Applicant's intention is that the newly proposed City shall honor and assume its equitable responsibility for, and to, the existing retirees, and the pensions and other accumulated benefits of those workers who come to work for the newly proposed City. Furthermore, Applicant proposes to honor the employee and union contracts. To index
Applicant believes that the Valley is entitled to its prorata share of the independent and proprietary departments including, but not limited to:
Department of Airports
Harbor Department
Department of Water and Power
City Employees Retirement Plan
Department of Pensions
Applicant recognizes there are alternatives to dividing the independent or proprietary departments. Such alternatives, which might include a Joint Powers Agreement or competitive bidding to provide some of the services (for example DWP), can be considered during of the LAFCO Study process and through negotiations among the Applicant, the City representatives and LAFCO.
Applicant previously proposed that LAFCO as part of the Special Reorganization process make a determination as to the division of the proprietary Departments so the determination is available and known to the public at the time of the election but that the implementation of the division be held off for a period of three years to allow the proposed new city and the residual City an opportunity to negotiate in good faith; Joint Powers agreements.;
During the three-year negotiation period, all such Departments shall continue to function and shall provide equality of services and rates to the new municipality and the existing City in a fair, equitable and consistent fashion.
If after the three-year period the parties fail to reach an equitable agreement or the adoption of such Joint Powers Agreements, the Departments or functions would be divided among the municipalities pro rata or based upon the formula set forth by LAFCO at the time of the election. To index
Applicant reserves the right based on the availability of the data, the analysis of the data collected and the processing of the data through the subsequent six steps of the LAFCO Study Process, to request additional data and re-evaluate the proposed structuring of certain items.
This preliminary Vision Statement should not be deemed all-inclusive and LAFCO should add what items in its judgment it determines are needed and alternative scenarios. Applicant understands that LAFCO has the sole legal responsibility to gather the facts and documents necessary to make the required findings under the applicable California Government Code Sections.
Applicant reserves the right to supplement and amend this preliminary Vision Statement at any time for any reason including after-discovered information and subsequent events.
Dated May 1,2000;
Jeff Brain, Applicant's Representative
Valley Departments
|
Department |
Allocation of Services, Equipment & Personnel |
|
Aging |
Pro-rata |
|
Animal Services |
Pro-rata |
|
Building & Safety |
Pro-rata |
|
City Administrative Officer |
Pro-rata |
|
City Attorney |
Pro-rata |
|
City Clerk |
Pro-rata |
|
Commission on Children, Youth & their Families |
Pro-rata |
|
Commission on the status of Women |
Pro-rata |
|
Community Development |
Pro-rata |
|
Controller |
Pro-rata |
|
Council |
Pro-rata |
|
Cultural Affairs |
Pro-rata |
|
Department of Disability |
Pro-rata |
|
Employee Relations Board |
Pro-rata |
|
Environmental Affairs |
Pro-rata |
|
Ethics Commission |
Pro-rata |
|
Fire |
Pro-rata |
|
General Services |
Pro-rata |
|
Human Relations Commission |
Pro-rata |
|
Information Technology Agency |
Pro-rata |
|
Los Angeles Convention Center |
Pro-rata |
|
Los Angeles Housing Department |
Pro-rata |
|
Mayor |
Pro-rata |
|
Pension - City Employees Retirement Fund |
Pro-rata |
|
Pension - Fire & Police Pension System |
Pro-rata |
|
Personnel |
Pro-rata |
|
Planning |
Pro-rata |
|
Police |
Pro-rata |
|
Board of Public Works |
Pro-rata |
|
Public Works - Bureau of Accounting |
Pro-rata |
|
Public Works - Bureau of Contract Administration |
Pro-rata |
|
Public Works - Bureau of Engineering |
Pro-rata |
|
Public Works - Bureau of Management-Employee Serv. |
Pro-rata |
|
Public Works - Bureau of Sanitation |
Pro-rata |
|
Public Works - Bureau of Street Lighting |
Pro-rata |
|
Public Works - Bureau of Street Services |
Pro-rata |
|
Transportation |
Pro-rata |
|
Treasurer |
Pro-rata |
|
Zoo |
Pro-rata |