Loading...
Item 19 - Status Report on Pending Legislation AGENDA REPORT SUMMARY ,.-." " - 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 ~ L 1 of 4 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: )) 2 of 4 AUG 2 1994 ITEM 19 -'.. - 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. AUG 2 1994 ITEM 19 3 of 4 -- -~_.-._-------- --, ~~-- 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. eb:\rpts\pnleg.805 AUG 2 1994 ITEM 19 4 of 4