Item 19 - Status Report on Pending Legislation
AGENDA REPORT SUMMARY
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0: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~r-"
INITI.-\TED BY: John D. Fitch, Assistant City Manage~Yt
Penny Riley, Management Analyst~
DATE: August 2, 1994
SUBJECf: Status Report on Pending Legislation
ABSTRACf
The League of California Cities has informed the City of the following measures which
are pending in the State Legislature: SB 95 (Kopp) California Public Records Act and
AB 3606 (Moore) Public Utilities.
The Legislature has recessed for summer break. They will return on August 8, 1994 to
complete the session. August 31, 1994 is the last day for each House to pass bills.
The last day for the Governor to sign or veto bills is October 1, 1994.
_ ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACf
There is no fiscal impact associated with this informational report.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Assemblyman Jan Goldsmith, Senator David Kelley, Bob Wilson (the City's Lobbyist), and
the League of California Cities were notified of this agenda item.
RECOMMENDATION
It is recommended that the City Council oppose SB 95 and oppose AB 3606, and direct
staff to notify the aoorooriate committees of the City's position on each measure.
AcnON
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AUG 2 1994 ITEM 19
~ AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council, staff or public request it to be removed fr?~ t~e ~onsent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip mdLcatmg the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ r~
INITIATED BY: John D. Fitch, Assistant City Manager~
Penny Riley, Management AnalYs~~
DATE: August 2, 1994
SUBJECT: Status Report on Pending Legislation
BACKGROUND
The League of California Cities has informed the City of the following
measures which are pending in the State Legislature: SB 95 (Kopp) California
Public Records Act and AB 3606 (Moore) Public Utilities.
The Legislature has recessed for summer break. They will return on August 8,
1994 to complete the session. August 31, 1994 is the last day for each House
to pass bi 11 s. The last day for the Governor to sign or veto bills is
October 1, 1994.
FINDINGS
SB 95 IKooo) - California Public Records Act
Senator Kopp introduced SB 95 on January 12, 1993, which proposes a major
overhaul of the California Public Records Act. The League of California
Cities reports that this legislation has major implications for local
government, including substantial implementation costs.
The existing California Public Records Act generally provides that the public
records of any state or local agency are open to inspection during office
hours, except for those records specifically exempted from the disclosure
requirements or those that an agency determines, based on the facts of the
particular case, the public interest would be better served by not making the
record public. Further, existing law provides that, except for those records
exempt from disclosure, any person may request a copy of a public record from
any state or local agency upon payment of a fee covering the cost of
duplication.
ACTION:
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Agenda Report
Pending Legislation
August 2, 1994
Page 2
SB 95 proposes the following changes:
'. Expands the definition of "Public Records" to include computer-held
information.
. Requires that public records are open to public inspection and copying in
all forms of compilation used by the respective agency and that copies of
computerized data must be made available in any form of information-storage
media used by the agency.
. Directs public agencies to ensure that systems used to collect and hold
public records shall be designed to ensure ease of public access to public
records.
. Reorganizes the disclosure exemptions into two types: specific records and
categorical. Exemptions which describe broad categories of records, such
as law enforcement, personal privacy, etc., would remain in the Act. All
specific exemptions which are now outside the Act, and any future
disclosure exemptions would be descriptively listed in a new index section
of the Act.
This legislation is a very broad, generalized approach without appreciation
for the local information systems, especially as this relates to the diversity
of local electronic technology in relation to the management of public
records. Local government organizations which have proprietary information
developed through expensive and time-consuming processes may be profoundly
impacted by this proposed legislation. Many cities and counties have
developed complex geogra~hic information systems or computerized data about
land use, urban developm~nt and regional planning. Some agencies recover
portions of the cost of maintaining this data by direct sale of the
i nformat i on. SB 95 would seriously inhibit the ability of agencies to recoup
system development costs.
San Diego Association oflGovernments (SANDAG) is concerned that by potentially
authorizing all of its d~tabases as identifiable public records, including
geographic information s~stem (GIS) information, to be released in electronic
format to any person, th following may occur. First, there is concern when
public records are reque~ted by a person who intends to sell the information
at a profit. In this in~tance, the fee charged for the information should be
higher when the informatlon is requested for resale. Second, there is a
substantial concern that the information, such as GIS databases, may be used
inappropriately and attrlbuted to the public agency without the public
agency's endorsement. Third, there is no guarantee that the public agency
would be held harmless fOr potential liability resulting from use by others of
the information.
It is recommended that the City Council oppose SB 95 and direct staff to
notify the Assembly Ways and Means Committee of the City's opposition to the
measure.
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Agenda Report
Pending Legislation
August 2, 1994
Page 3
AB 3606 (Moore) - Public Utilities
'Assemblymember Moore introduced AB 3606 on February 29, 1994, which would give
cable companies the specific "right" to enter into local phone business if and
when telephone companies begin providing cable services. The bill is
sponsored by the California Cable Television Association.
The League of California Cities believes that the measure will be clearly
disadvantageous to cities in relation to franchise, customer service and
infrastructure protection. The League has proposed several amendments to the
legislation to clarify key provisions relating to existing franchise
agreements and infrastructure. The amendments were rejected by the author.
It is recommended that the City Council oppose AB 3606 and direct staff to
notify the Senate Appropriations Committee of the City's opposition to the
measure.
ENVIRONMENTAL REVIEW
This informational report does not constitute a project; therefore,
environmental review is not required.
FISCAL IMPACT
There is no fiscal impact.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Assemblyman Jan Goldsmith, Senator David Kelley, Bob Wilson (the City's
Lobbyist), and the League of California Cities were notified of this agenda
item.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Oppose SB 95 and direct staff to notify the Assembly Ways and Means
Committee of the City's opposition to the measure.
2. Oppose AB 3606 and direct staff to notify the Senate Appropriations
Committee of the City's opposition to the measure.
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AUG 2 1994 ITEM 19
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