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
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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.
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SEP 5 1995 ITEM 24.1
CITY OF POWAY
AGENDA REPORT .
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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.
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Agenda Report - Status ~ Pending Legislation
September 5, 1995
Page 2
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. 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.
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