Item 16 - Status Report on Pending Legislation
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AGENDA REPORT SUMMARY
TO:
DATE:
Honorable Mayor and Members of the City Council
James L. Bowersox, City Man~ ~~
John D, Fitch, Assistant City Manager~
Penny Riley, Senior Management Ana1ys
Scott A. Nespor, Management Intern~~
February 27, 1996
FROM:
INITIATED BY:
SUBJECT:
Status Report on Pending Legislation
ABSTRACT
The League of California Cities has informed the City of AB 1770 (Brewer) Public
Utilities: Services To Tenants and S8 1590 (O'Connell) Santa Clara/Guardino
Decision Implementation, which are pending in the State Legislature.
Additionally, staff has reviewed the March 1996 Ballot and recommends that the
Council support Proposition 203: Public Education Facilities Bond Act of 1996.
ENVIRONMENTAL REVIEW
This informational report is not subject to CEQA review.
FISCAL IMPACT
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 will be mailed a copy of this agenda report.
RECOMMENDATION
It is recommended that the City Council oppose AB 1770, support SB 1590, and
support Proposition 203 and direct staff to notify the appropriate legislative
members, committees, and organizations of the City's position on these measures.
ACTION
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~ AGENDA REPORr-
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 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.
INITIATED BY:
Honorable Mayor and MemberS~f e City Council
James L. Bowersox, City Mana ^
. . . ~\~
John D. Fltch, Asslstant Clty Manager
Penny Riley, Senior Management Analys
Scott A. Nespor, Management Intern;;~
TO:
FROM:
SUBJECT:
February 27, 1996
Status Report on Pending Legislation
DATE:
BACKGROUND
The League of California cities has informed the City of AB 1770
(Brewer) Public Utilities: Services To Tenants and SB 1590 (O'Connell)
Santa Clara/Guardino Decision Implementation. Additionally, staff has
been informed of Proposition 203: Public Education Facilities Bond Act
of 1996.
FINDINGS
AB 1770 (Brewer) Public utilities: Services To Tenants
Assemblymember Brewer introduced AB 1770 on February 24, 1996, which
prohibits municipally owned utilities and municipal utility districts
from seeking any recovery of charges or penalties for the furnishing
of services (such as water, trash, or sewer) from any subsequent
tenant or the property owner due to nonpayment of charges by a
previous tenant. This legislation has passed the Senate Judiciary
Committee and has been referred to the Senate Appropriations
Committee.
AB 1770 would change the procedures municipal utilities use in
requiring security deposits and collecting bad debts and non-payment
of services. It would require municipal utilities to use different
deposit and collection procedures than those used by investor-owned
utilities.
It is recommended that the City Council oppose AB 1770.
ACTION:
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rEa 2 7 1996 ITEM 16
status Report on Pending Legislation
""- February 27, 1996
Page 2
SB 1590 (O'Connell) Santa Clara/Guardino Decision Implementation
The League of California cities has drafted a measure which generally
contains the following provisions:
. Implements the Santa Clara/Guardino court decision by
confirming that Proposition 62 subjects all taxes imposed or
increased after December 14, 1995 to the majority voter
requirements of Proposition 62.
. Designates in stature that December 14, 1995 is the effective
date of the Supreme Court Santa Clara/Guardino decision.
. Validates all taxes enacted prior to December 14, 1995.
This legislation encodes the Santa Clara/Guardino court decision and
clears up confusion over the validity of taxes levied by California
counties and General Law cities before the Santa Clara/Guardino
decision. Currently, taxes that have not met the 2/3 voter approval
requirement might be invalid. If not passed, cities which have
already experienced cutbacks in revenues during the past decade might
see their revenues further diminished. Some cities might be faced
with the repayment of taxes, if this bill is not passed into law.
It is recommended that the City Council support SB 1590.
Proposition 203 - Public Education Facilities Bond Act of 1996
Proposition 203 is slated for the March 26, 1996 Primary Election and
authorizes the issuance of $3 billion of State general obligation
bonds to provide funds for school facility improvement programs. The
bonds would help upgrade and construct classrooms, libraries, and
other needed facilities in California's public schools, community
colleges, and state universities. The legislation earmarks $2.025
billion for primary and secondary schools and $975 million for higher
education.
Funds will be used to make current classrooms safer in the event of
earthquakes, to equip classrooms for the computer technology in the
21st century, to reduce class size, and to meet enrollment growth.
For the poway Unified School District, these funds could enrich the
redevelopment funds being used to retrofit older schools.
It is recommended that the City Council support Proposition 203.
ENVIRONMENTAL REVIEW
This informational report is not subject to CEQA review.
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FEB 2 7 1996 ITEM 16
status Report on Pending Legislation
February 27, 1996
Page 3
FISCAL IMPACT
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 will be mailed a
copy of this agenda report.
RECOMMENDATION
It is recommended that the City Council take the following action:
1. Oppose AB 1770 and direct staff to notify the Senate
Appropriations Committee of the City's support for the measure.
2. Support SB 1590 and direct staff to notify interested parties of
the City's support for the measure.
3. Support Proposition 203 and direct staff to notify interested
parties of the City's support for the measure.
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