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
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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.
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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.
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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;
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(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
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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..
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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
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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.
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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
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