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Item 24.1 - Status Report on Pending Legislation A('..l<'~A REPORT SUMMARY - ': Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager . , INITIATED BY: John D. Fitch, Assistant City Manager~ Penny Riley, Senior Management Analys DATE: September 5, 1995 SUBJECI': Status Report on Pending Legislation ABSTRACI' The League of California Cities has informed the City of the following measures which are pending in the State Legislature: AS 700 (Cunneen) Tort Reform-Hazardous Recreation Activities; and AB 49XX (Granlund) Local Agency Formation. ENVIRONMENTAL REVIEW This action does not constitute a project. Therefore, environmental review is not required. -"ISCAL IMPACI' , 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 receive a copy of this agenda report. RECOMMENDATION It is recommended that the City Council sUDDort AB 700 and ODDose AS 49XX and direct staff to notify the appropriate legislative members and committees. ACI10N 1 of 3 . c: \reports \pnleg.cov SEP 5 1995 ITEM 24.1 CITY OF POWAY AGENDA REPORT . This rtport iI iaeluded OIl the Ccmc:at CaIeodar. 1bere will be DO ICIp&JaIe dilcwtioD of 1be report prior 1D IIpPwvaJ by the City CouDeiJ unleu mc:mbcn of 1be COUDCil, It&ff or public requ.M it to be removed fnlm die CaaJaIl CU:oclat IDd diacullCd acpuatdy. If you wilb to have 1biI report pulled for BIII.iou, plcue rill out . .Iip iDdicatiu& Ibe report aumbct 8D6 live it to 1be City CIttt prior to Ibe bcaiDDioa: of die City CouDci1ISlCdioa:. TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manager ~ INITIATED BY: John D. Fitch, Assistant City Manager~ Penny Riley, Senior Management Analys DATE: September 5, 1995 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: AB 700 (Cunneen) Tort Reform- Hazardous Recreation Activities; and AB 49XX (Granlund) Local Agency Formation. FINDINGS AB 700 (Cunneen) - Tort Reform-Hazardous Recreation Activities Assemblymember Cunneen introduced AB 700 on February 21, 1995, which would add paragliding and mountain biking to the definition of hazardous recreational activities for which local governments receive limited liability protection. This legislation would be important to the City of Poway because of the extensive trail system and the growing popularity of the sport of mountain biking. It is recommended that the City Council support this legislation. AB 49XX (Granlund) - Local Aoencv Formation Commissions Assemblymember Granlund introduced AB 49XX on July 26, 1995 as part of the Second Extraordinary Session. AB 49XX will require cities and special districts to fund LAFCOs. Counties currently fund LAFCO operations. AB 49XX would provide that a Board of Supervisors would direct the County Auditor to reduce property tax allocations to cities and special districts in proportion to their total receipts of property taxes in order to fund the LAFCO. For example, a city which gets 25% of the overall property taxes in a county would be required to fund 25% of the LAFCO annual budget and have the city's property tax allocation reduced accordingly. The League's Strategic Plan calls for reforms of the LAFCO decision-making process but not for giving up even more property tax to counties. The League has requested four major amendments to AB 49XX. . of 3 SEP 5 1995 ITEM 24. 1 2 . - - Agenda Report - Status ~ Pending Legislation September 5, 1995 Page 2 ,- . Any property tax reallocation to pay for LAFCOs must be made voluntarily by each city. . . Any cities that consent to paying for LAFCO operations must have representation on the LAFCO in proportion to the percentage of incorporated residents in the County. . Any annexation pass-through agreements must guarantee that cities receive no less than their proportionate share of AB 8 revenues. . County development must be barred within a city's sphere of influence unless approved by the city council. It is recommended that the City Council oppose AB 49XX as another attempt to take property tax revenues away from cities. ENVIRONMENTAL REVIEW Environmental review is not required for this item under California Environmental Quality Act guidelines. 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 actions: I. Support AB 700 and direct staff to notify the local Assembly and Senate representatives of the City's support for the measure. 2. Oppose AB 49XX and direct staff to notify the local Assembly delegation of the City's opposition to the measure. ob:\rptl\pnleu.905 - . 3 of 3 SEP 5 1995 ITEM 24.1 .