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Item 20 - Status of Pendinng LegislationAGENDA REPORT CITY OF POWAY, 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 from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. MDs FRCM: s of City Council Honorable Mayor and Maaber James L. Bowersox INITIATED BY: Patrick R. Foley, DATE: September 2, 1986 SUBJECT: Status of Pending Legislation City Mona • Assistant to the City Manag BACRGROUND . A.B. 2926 (Stirling) Surplus School Sites The Naylor Act requires school districts to offer their surplus school sites for sale or - lease to cities, counties, and park districts so that these lands can be maintained in public' recreational use. To address a perceived problem raised by the San Diego Unified School District, senriyman Stirling mended language into the A.B. 2926 to effec- tively repeal the Naylor Acct. It is redamrnended that the City Council continue to oppose any attempt to repeal the Naylor Act. Attached for your review is the Lague of California Cities reconm ended posi— tions for the measures that will appea.r on the November 1986 ballot. JLB:PRF lc Attachments: League Highlights ACTION: 1 of 6 SEP2 1986 ITEM 20 AGENDA REPORT CITY OF POWAY 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 from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill' out a slip indicating 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 - City Council 12, FRCY4James L. Powersox, City Mena INITIATED BY: Patrick R. Ebley, Assistant to the City Manag Adaft DATE: September 2, 1986 SUBJECT: Status of Pending Legislation BACKGROUND A.B. 2926 (Stirling) Surplus School. Sites The Naylor Act requires school districts to offer their surplus school sites for sale or lease to cities, counties, and park districts so that these. lands can be maintained in public' recreational use. To address a perceived problem raised by the San Diego tkaified School District, Assemblyman Stirling amended language into the A.B. 2926 to effec tively repeal the Naylor Act. RBXVIMENIMTICIT It is recamended that the City Council continue to oppose any attempt to repeal the Naylor Act. Attached for your review is the League of California Cities recQtu nded posi- tions for the measures that will appear on the November 1986 ballot. JLB:PRFlc Attachnnents League Highlights ACTIONi: of ,6 SEF 2 1986 ITEM 20 or � ME- League of California Cities ®� 1400 K STREET • SACRAMENTO. CA 95814 • (916) 444-5790 Est California Cities Work Together RECEIVED Board of Directors July 25-261.1986 AUS 6 la HIGHLIGHTS Ci! X ,.�.... �orr►�:E Board Elects New Second Vice -President; Welcomes New Member. Mayor Gregory Cox of Chula Vista was elected by the Board to fill the vacancy in the office of Second Vice -President. For the last two years, Mayor Cox has served as a member of the Board of Directors representing the San•Diego County Division. Also elected to the Board as a new Director -At -Large was Mayor Maureen O'Connor of San Diego. Mayor O'Connor was elected Mayor in June, 1.966, the first woman to serve in this capacity. In the past she has served on the League's Human Resources Development Committee and the NLG Manpower and Income Support Committee. Board 'Acts on November Ballot Measures. The Board adopted League positions on seven of the thirteen measures that will appear on the November 1986` Ballot.: Proposition League Position, Proposition #57 --Le islators''Reti'rement Support S stem: Allowances --Limitation. This constitutional amendment :would limit increases in pensions of constitutional officers. Proposition #58 - Pro ert Taxation:- Chane in Oppose Ownership. Tis constitutional amen merit —would allow a principa res.i,dence and the first $1 million` of other real property to be transferred between parents and children without causing a reassessment for property taxes. Proposition #60 - Property: Taxation: Full Cash Value. Oppose This constitutions. amendment would al -low RomeoWers 55 or order to sell their home and buy another i n the same county and keep their lower Prop. 13 assessment for property taxes. Pro osi ti on #61- Comensati on of Public Officials Oppose , m to ees. In ividual Pub is Contractors. Thin constitutional amendment sponsored by Paul Gann would limit salaries for elected and appointed state and local government officials and for individual public contractors. Proposition #62 • Taxation. -This initiative statute .l. Oppose sponsored by'Howar Jarvi's would require cities to secure a majority vote of the people before raising general taxes. 'SEP 2 ' 1986 JTEM 20- I f lf A. yy Proposition League Position Proposition #63 Official State Lan ua e, This Oppose initiative constitutional amen merit wouldprovide that English• ts,the4 ofi i ci al language of the State of z ,C.1 ifarnat°the State take all steps necessary to preserve and enhance the common language; and that any re filen ow.person doing business in California may ,sue to enforc ese provisions. Pro osition #64 Acquired Immune Deficiency S ndrome Oppose (AIDS1. This initiative statute backed, y the followers of Lyndon LaRouche would declare AIDS to be a contagious disease and allow quarantines to be imposed on individuals infected or identified as carriers. The Board also discussed Proposition 65, which restricts toxic discharges into drinking water. Board members expressed support for the concept but found technical problems in the initiative. •The League`s Environmental Quality Committee was asked to consider this measure and recommend a League -position at the next Board meeting. Legislative Issues and Objectives Reviewed. The Board reviewed the status of the Leagues most important legislative - objectives for 1986 and established League positions on several pending legislative issues. The issues which have required the greatest League .. involvement this past year include: restrictions. on local taxation, toxic waste, siting, ' joi nt and several liability, Brown Act amendments, �`- transportation finance, and redevelopment Concerning federal legislation, the Board reviewed the status of the general revenue sharing reauthorization and the provisions of the tax reform package as they affect cities. Congressman Pete Stark is the only member from California -serving -on the. Tax Reform Conference Committee, and the League and individual city officials continue to provide information to hire concerning the need to retain tax exemption for municipal bonds including redevelopment '= bonds. So far these efforts have not been rewarded' League to Pursue Additional Tort Reforms. - Since the passage of Proposition 51,.the League has continued to participate actively with the coalition of organizations which supported Proposition 51. Together the coalition has developed a series of additional tort reforms whi-ch will be pursued legislatively. The most important provisions of the legislative proposal for cities include: 1. -Extension of the limitations contained .in the Medical Injury Compensation Reform Act of 1975 (MICRA) to all areas of liability; these reforms are: becoming: known as PICRA , the Personal Injury Compensation Reform Act. 2. Restoration of immunity from liability for public improvements that were safe at the time that they were designed and constructed but may- have ayhave become unsafe due to the passage of time and -changed conditions. ' s - 2 • �• 3 of 6 ; T; .�:: Other provisions of the reform package which are of principal interest x to other members of the coalition include: 3. Limitation on punitive damage suits.. ' 4. Change in product liability law to adopt the "state of the art" rule. S. Immediate implementation of Proposition 51. Additional Information concerningthese issues andthe bills in which they are embodied will be reported in the League s Legislative Bulletin. The League is hoping for favorable: consideration of this reform package by the Legislature in 1967. League Supports Workers' Compensation Package. The Board of Directors reviewed a major proposal for benefit increases and reforms in the current workers' compensation system. The reform package is the resul:t of negotiations between labor and management -representatives over the last six weeks. Temporary disability benefits would be increased from a maximum level of $224 per week to approximately $600 per week. Reforms to the package reduce medical and legal costs in the system and remove financial ' incentives for employees to drag out vocational rehabilitation benefits simply r to receive money. The. League.Board recommended support of the package and suggested several amendments to further improve the basic provisions. These proposals, contained in SB 1617 (B. Greene), will be a major subject for debate during the final tree weeks of the -session. *Additional information and updates will be included in the Legislative Bulletin. Cities .and League to be Linked by Electronic Network.' The Board' of Directors approved implementation of an ambitious League -sponsored statewide telecommunications network called: CITYLINK. Once implemented the system will substantially improve the effectiveness of city lobbying: efforts by providing instantaneous bill -tracking information, League legislative. bull eti ns and other commun i cati ons -as well as faci l i tat i ng transmission of information between and -among cities and the League such as. ordinances, city attorney opinions,, library resources, training calendars, etc. Cities wi 11 be able to use CITYLINK ,both as a. statewide telecommunications system and as a link with the National League of Cities and the International City Management Association information systems. A League staff member will be visiting cities individually to explain these services and how they may be utilized by city officials League Initiates Liability -Insurance Service. Recognizing that liability i=nsurance coverage continues to be one of the most critical issues for California cities,; the Board approved initiation of a new League liability insurance service. The program, now in its beginning stages _ will include the following: (1) Maintain a clearinghouse for current information concerning liability insurance and risk Management (2)'Organize.tra:ining: sessions =insurance and risk management with an emphasis on loss prevention and control; /I Af 9 (3). Provide direct assistance to cities in identifying and helping t% evaluate available options for liability insurance; (4) Provide assistance in the formation of new liability insurance. pool s including helping to link cities with common interests; (5) Offer direct consultation and assistance to cities on risk management and loss control, (6) Conduct research to " hel'p develop and support legislative proposal's addressing municipal liability problems such as tort reform, insurance pools, and-insurance regulation; (7) Coordinate:the preparation of a cities' risk management handbook; (8) Assess the need for additional League services in the area of insurance and risk management. 88th League Annual Conference to be herd in Los Angeles, October-l9'-22, 1986. The theme forethis year's Annual Conference will be "Celebrating ; California Cities". General sessions and: workshops will adopt a very upbeat tone in r addressing the key issues confronting cities. The City of Los Angeles is making arrangements for special hosted "Theme Receptions" during the Conference for all attendees. Receptions are planned,.! at, the Bradbury Building, Little Tokyo, the-Museumsof Science and Industry, and the Los Angeles Music Center. Each will hii ghl i.ght and celebrate: some of the unique features and characteri'sti1cs of Los Angeles and cities in general. A d i spi ay of photographs of California city halls is also planned,, which will . `-� be open for viewing at the: Los .Angeles City Hall throughout the Conference. There will be a shuttle system operating between the hotels and the Convention Center and also serving ,the severalreception sites. All Conference sessions _ will be at the Convention Center, although some special. interest meetings will be at the Bonaventure Hotel. Other plans for the Conference are progressing well The- exposition is already larger than any before and, speakers are being confirmed. _ A Conference announcement was mailed to all city officials in mid-duly and a detailed outline of the Conference Program will' appear in the September issue of Western City magazine. ;f The Boardnoted that the deadline for submitting resolutions for consideration by the Annual Conference is Friday, September 5, 1986. Proposed resolutions should be received.by the Sacramento Office: of the League by that date. City Participation Encouraged in`Four Court Cases. - The League Legal Advocacy Program assists cities to take a coordinated approach to litigation of major municipal significance in which cities have a common interest-In the. outcome. The Board-approved the Legal Advocacy Committee recommendations that consenting.cities be invited: to join in amicus briefs in four cases The legal qujje[[sti'ons involved' include •. j � s �. V •`{ M � M V' 'mss e 1 4 of ro 'i i I. A'wrongful death action concerning a police officer who was killed during the course and scope of his employment; 2. The. -application of sovereign immunity to a private organization { k operating on land l eased from a special district; 3. The appl icabi.l i ty .of the Permit Streamlining Act to a variance application which does not involve a physical change to property, and 4.. The award.ng of attorney fees to the plaintiff in an appeal over the awarding of attorney fees to the defendants after the. original suit was found to be frivolous.. t A special bulletin to all city attorneys will provide a complete discussion of these cases and recommendations for city participation. League Nomi nati nn Committee Will Report- to Annual,Conference. Ran Gonzales, Council Member of Sunnyvale and Chairman of the Nominating l Committee for' 1986, reported that his . commi tees will be meeting between now and early September, to consider= candidates for the offices of League President, First Vice-Pres-ident, Second Vice -President and eight Directors. -At -Large. The committee's report will be presented to the ,Annual Conference in October. Any mayors or council members who are, nterested in`sery ng in one of these positions or who wish to recommend a colleague are invited to send a:'letter of eppl i.cation or nomination with a resume which demonstrates their' knowledge of' city -government and. past commitment to the League to: Ron Gonzales;. Councz 1 Member, City of Sunnyvale, P.O. Box 60607, Sunnyvale,, CA 94088. a The other committee members include: Tom Clark, Council Member, Long Beach; Peggy Messinger, Mayor, Modesto; Pat Murphy, Council Member, Cathedral City; �. and Tony TIrada, Mayon Pro Tem, Calexico. bdmtg786.pooi; SEP 2 1986 IT EM 20 F ` AnfC ,