HomeMy WebLinkAbout1981-02-10; City Council; 6446-1; Legislative PolicyCITY OF CARLSBAD
A Tmtisl*
AGENDA BILL NO. {/ */*/& - .^^^f^ojL^^^f ***/ Dept. Head
DATE: February 10, 1981 City Att¥-
City Mgr.
DEPARTMENT: City Manager
Subject:
LEGISLATIVE POLICY
Statement of the Matter
Many of the problems faced by the city can only be resolved by the
state legislature. As a direct result of Proposition 13, the state
is assuming more and more authority over local government finances.
Currently, about 75% of general fund revenues are controlled by the
state. Only 25% are controlled by the City Council.
In addition, the state legislature continuously passes laws which
directly affect the operations of local government.
For these reasons it is highly desirable that the city develop a
legislative program which will allow the council to have a timely
and effective influence on state legislation. We are fortunate to
have Senator Craven and Assemblyman Frazee representing Carlsbad.
Both of these legislators have had experience in local government
and are supportive of our needs. A city legislative program can
enhance the cooperation which now exists and could become a real
advantage to the people of Carlsbad.
Attached is a proposed legislative program for 1981. It is suggested
that the Council review and approve policy positions which will enable
the Mayor and City Manager to represent the Council's position in a
timely manner.
Further, it is recommended the Council authorize the City Manager to
enter into a contract for services with John McTighe to monitor the
city's legislative program during the year.
Fiscal Impact
A contract with John McTighe for monitoring the city program would
cost $7,200 for 1981. This would include a weekly summary of all
bills moving through the legislature and,in addition, up to 8 hours
per month of specific analysis on city proposals.
Without a contract, the City Manager would monitor the legislature
on a time available basis. There would be no weekly summary of bills
and significantly less time invested in developing a positive city
program.
Council Action:
2-10-81 Council approved the legislative policy and directed that the matter of
the contract with Mr. McTighe be placed on a future agenda when a full
COUncil « present.
Page 2
Agenda Bill No.
Legislative Policy
Exhibits
1. Council Legislative Policy
2. Letter from John McTighe re legislative hearings, 1/29/81
3. Agenda Bill 6446, 12/2/80
4. Summary of legislation, John McTighe, 12/15/80
Recommendation
1. That Council review and approve Council Legislative
Policy for 1981.
2. That Council authorize City Manager to enter into
a contract with John McTighe for legislative service,
not to exceed $7,200.
CITY OF CARLSBAD
COUNCIL LEGISLATIVE POLICY
NUMBER POLICY BILL NUMBER ACTION
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
COASTAL
ZONE
HOUSING
CITY
REVENUES
DEFLATOR
BUENA
VISTA
LAGOON
DREDGE
WATER
RESOURCES
PERIPHERAL
CANAL
AIR POL-
LUTION
VEHICLE
INSPECTION
SUBSIDIARY
DISTRICTS
HOUSING
BOND
COMMITTEE
COASTAL
ZONE
LCP
COASTAL
ZONE
AGRI-
CULTURAL
EXHIBIT 1
CITY OF CARLSBAD
COUNCIL LEGISLATIVE POLICY
PURPOSE
These general legislative policy guidelines allow the City
Manager and staff to respond in a timely manner to the
legislative issues in Sacramento. Positions are stated
on those issues which have the most significant potential
impact upon the City of Carlsbad. This legislative policy
is considered a dynamic working document and is intended
to be expanded and modified as additional issues or new
information become available to the Council.
PROCEDURE
Issues to be included in the Council Legislative Policy will
be referred to the City Manager for analysis and recommendation
of a policy position for consideration by the Council. Once
the Council has taken a position on a specific issue, it will
be incorporated into this policy statement.
The City Manager will report to the Council monthly on the
status of legislation relating to the legislative policy
guidelines. The City Manager will prepare correspondence
and testimony for the Mayor and/or Council members on specific
legislation which is in support of the policy positions
included in these guidelines.
The City Attorney shall be involved in the formulation of
legislative proposals to ensure that;
a. the policies are consistent with legal principles
and constitutional restrictions; and
b. the proposal legally accomplishes the policy.
I. COASTAL ZONE - HOUSING
A. BACKGROUND
The California Coastal Act of 1976 provides for
the planning and regulation of development under
a coastal development permit process within the
coastal zone which is based on various coastal
resources planning and management policies set forth
in the act. Some of the policies require that housing
opportunities for persons and families of low or
moderate income shall be protected, encouraged, and,
where feasible, provided. It is further required
that new housing in the coastal zone be developed
in conformity with the standards, policies, and
goals of local housing elements adopted in accor-
dance with certain provisions of the Government
Code.
The Coastal Act further requires that a coastal
development permit or any development, or action
approved on appeal, be subject to reasonable terms
and conditions to ensure that such development or
action will be in accordance with the Coastal Act.
The above noted provisions of the Coastal Act may
in fact result in a conflict with the city's effort
to plan for housing opportunities for persons of all
income groups in the city as a whole.
B. POLICY
It is the legislative policy of the Council to
support:
1. Legislation to amend the California Coastal Act
of 1976 to delete the authority of the Coastal
Commission to regulate the provision of low or
moderate income housing in the coastal zone.
— 3 —
II. CITY REVENUES - DEFLATOR
A. BACKGROUND
The passage of Proposition 13 in June, 1978
resulted in several significant changes in the
funding of local agencies throughout the state.
In 1979 the legislature enacted Assembly Bill 8
which, among other provisions, shifted a share
of the property tax from school districts to
cities in lieu of previous "state bail out"
funding.
Assembly Bill 8 also contained a "deflator"
provision which would require a reduction in
the amount of revenue to cities if the state's
revenues fell below a certain amount.
The deflator provisions, as well as arbitrary
reductions in existing property tax allocation,
make it impossible for the city to accomplish
intermediate and long range fiscal planning
essential to sustaining responsiveness and
effectiveness of the city's services.
B. POLICY
It is the legislative policy of the Council to support:
1. Legislation that will repeal the deflator
provisions of Assembly Bill 8 of 1979.
It is the legislative policy of the Council to oppose:
1. Legislation that provides a reduction in the
amount of property tax revenue that is due to
the city pursuant to Assembly Bill 8 of 1979.
III. BUENA VISTA LAGOON - DREDGE
A. BACKGROUND
The City of Carlsbad is endowed with the
inclusion of the Buena Vista Lagoon within
its city limits. This lagoon provides a
unique habitat which is supportive of water-
fowl and other wildlife. The city encourages
the preservation and enhancement of the Buena
Vista Lagoon as a wildlife refuge.
Damage to the lagoon caused by siltation from
the winter rains of 1980 has resulted in de-
priving wildlife of much of their natural
habitat.
B. POLICY
It is the legislative policy of the Council
to support:
1. Legislation that would appropriate funds
to the State Department of Fish and Game
to dredge and replenish the Buena Vista
Lagoon.
-5-
IV. WATER RESOURCES - PERIPHERAL CANAL
A. BACKGROUND
Without construction and operation of the
Peripheral Canal, southern California will
not have a reliable adequate water supply
after the cutoff of Colorado River water.
Senate Bill 200 enacted in 1980 authorizes
construction of the 43 mile Peripheral Canal
to carry additional water from northern
California to southern California. However,
a referendum to bar construction of the
Peripheral Canal has qualified for the ballot.
Unless a statewide special election is called
for the referendum, it will be voted on at
the June, 1982 election. Until such time
that an election is held on the referendum,
no work can begin on the canal. It is
important that this referendum be voted upon
as early as possible in order to either
locate and develop alternative water supplies
or to avoid costly escalation of construction
costs of the canal.
B. POLICY
It is the legislative policy of the Council to support;
1. Legislation that will call for a special
election on the Water Facilities Referendum
Statute at an early date.
-6-
?
V. AIR POLLUTION - VEHICLE INSPECTION
A. BACKGROUND
The federal Clean Air Act Amendments of 1977
require states which do not meet federal clean
air standards to implement mandatory periodic
motor vehicle inspection and maintenance pro-
grams. The act provides sanctions for states
which do not comply with this provision. These
sanctions include the withholding of certain
federal transportation, water quality and air
quality funds that would otherwise be received
by public agencies within the state.
The California Legislature has not enacted
legislation for a motor vehicle inspection
and maintenance program. The federal
Environmental Protection Agency and Depart-
ment of Transportation have imposed the funding
sanctions on California. Included within the
funding sanctions are funds for expansion and
improvement of water pollution control facilities
and federal funds for state and local highway
projects. It is believed that the long run
effect of these sanctions will be to thwart
the ability of the city to accomplish the orderly
growth and development of its general plan.
B. POLICY
It is the legislative policy of the Council to support:
1. Legislation that would authorize the
implementation of a periodic motor
vehicle inspection and maintenance
program.
-7-
VI. SUBSIDIARY DISTRICTS
A. BACKGROUND
The Council finds and declares that the
orderly and efficient provision of public
services to the residents within the city
can best be accomplished if a single
public agency provides the same service
to all portions of the city and if that
service can be combined with services of
a similar nature.
In order to accomplish the above, it may
be desirable to seek the merger of a sub-
sidiary special district with the city.
Present state laws providing for the
creation of a subsidiary district are
unclear and costly to comply with. The
law should be simplified and clarified
in order to carry out the intention of
the legislature.
B. POLICY
It is the legislative policy of the Council to support:
1. Legislation that would amend subdivision
(a) (1) of section 56403 of the Govern-
ment Code to clarify that the portion of
territory of the subsidiary district
lying within the city shall represent
70 percent or more of the assessed value
of land within the district^
-8-
10
VII. HOUSING - BOND COMMITTEE
A. BACKGROUND
The State of California encourages the
provision of housing opportunities for low
and moderate income persons and families
through, among other means, the provision
of state-backed mortgage revenue bonds
sponsored by cities and counties. The
State Housing Bond Committee must approve
the proposed bonds before they may be
offered for sale. That committee, however,
consists entirely of state officers with
no local or legislative representation.
B. POLICY
It is the legislative policy of the Council
to support:
1. Legislation that would change the
membership of the State Housing Bond
Committee by deleting the Governor
and Executive Director of the California
Housing Finance Agency and replacing
them with a representative of city
government and a representative of
county government.
-9-
VIII. COASTAL ZONE - LOCAL COASTAL PLAN
A. BACKGROUND
Current state law requires the Coastal
Commission to adopt the Carlsbad Local
Coastal Plan (LCP) on or before July 1,
1981. Based upon progress to date, it is
unlikely that the state will complete
hearings before July 1. In addition, the
city has many differences with state staff
over provisions in the LCP. It is unlikely
that the city will be able to resolve these
differences. Pursuant to the Chula Vista
Court decision, it is anticipated that the
state will disapprove the LCP. Since there
are no penalties in the law for failure to
adopt the LCP on July 1, it seems advisable
to delete the July 1, 1981 compliance date.
B. POLICY
It is the legislative policy of the Council
to support:
1. Legislation to repeal section 30171 of
the Public Resources Code which requires
the adoption of an LCP for portions of
the City of Carlsbad on or before
July 1, 1981.
IX. COASTAL ZONE - AGRICULTURE
A. BACKGROUND
The State Coastal Commission defines agri-
cultural land as land which produced $200
gross income per acre. Using that definition,
large portions of Carlsbad are being designated
in the Local Coastal Plan (LCP) as permanent
agriculture. Due to the economics of agri-
culture today, the definition is no longer
appropriate.
B. POLICY
It is the legislative policy of the Council
to support:
1. Legislation to lift the $200 per acre ceiling
now used by the Coastal Commission to define
agricultural land.
13
January 29, 1981
JOHN J. McTIGHE, M.P.A.
PUBLIC AFFAIRS CONSULTANT
1438 Bathurst Place
El Cajon, California 92020
(714) 440-3808
Mr. Frank Aleshire
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Frank:
The following is a list of legislative hearings scheduled over
the next few weeks on subjects that might be of interest to the
City of Carlsbad:
Wednesday, February 4, 1981 - Senate Local Government Com-
mittee - "Alternative methods for financing public facilities
required for residential development - Who should pay for
what?"
Wednesday, February 11, 1981 - Senate Local Government Com-
mittee - "The impact of the proposed 1981-82 budget on
Lo c a1 Government."
Tuesday, February 17, 1981 - Senate Judiciary Committee -
"SB 61 (Garamendi) Acquired property: compensation"
Friday, February 20, 1981 - Senate Elections and Reappor-
tionment Committee (in San Diego) - "Senate Reapportionment -
San Diego and Riverside Counties."
Tuesday, March 3, 1981 - Assembly Transportation Committee -
"ACR 21 (L. Stirling) Freeways (State Route 52 & State Route
125 inclusion in the state transportation improvement pro-
gram) . "
Please let me know if you would further information on any of
these hearings. Until we complete the legislative policies and
get Council adoption, I will continue to review the list of
scheduled hearings and will let you know of the ones r think
look like they may be of interest to your city.
Very truly yours,
Policy Analysis Legislative Analysis Fiscal Analysis
EXHIBIT 2
Legislative Representation
CITY OF CARLSBAD
AGE11DA BILL
DATE :
Initial:
Dept., Hd •
DECEMBER 2, 1980
DEPARTMENT:CITY MANAGER C. Mgr.TV-
PROPOSAL TO PROVIDE LEGISLATIVE SERVICES
Statement of the Matter
John McTighe has proposed to provide the following leoislative services
to the City: ' '
1
2
Assist in formulation of State legislative policies,
Monitor and report on all proposed State legislation which
relates to adopted legislative policy of the City,
3. Provide an analysis of effect of specified legislation
on Carlsbad. . " " .
A more detailed description of the proposed service is contained inExhibit I.
The.services that McTighe offers would allow the City to organize
its State legislative activities into a comprehensive program which
woulc^ provide a more effective way of dealing with legislative issues
A numcer of significant issues with profound local effect will be
before the Legislature in the coming year. Such issues,the local coastal
program, annexation tax-split, inclusionary zoning, low-moderate housino,
and the AB-8 deflator are just a sample. The program as outlined "
by McTighe would allow the City to become more proactive and not always
be in a reactive position. .
Fiscal Impact: ; •
The cosifof proposed service is broken into three components:
1. Legislative Policy Development $1,540
2. Legislative Monitoring • $2 400
3. Legislative Analysis $4,800
TOTAL $8,740
The funds for this service would need to be appropriated from the
Contingency Reserve which currently has a balance of $385,305.
Exhibits ' ...
1. Letter from John'McTighe dated October 10, 1980.
Re commc n d a t i oh
That the City enter into an agreement with Mr. McTighe for services
• outlined in Exhibit I. Direct staff to bring back a Resolution
approving- this agreement.
EXHIB.IT 3
JOHN J. McTIGHE, M.P.A.
PUBLIC AFFAIRS CONSULTANT
1438 Bathurst Place
El Cajon, California 92020
(714)440-3808
October 10, 1980
Mr. Frank Aleshire
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, Ca 92008
Dear Frank:
I am submitting a revised proposal for legislative services
along the lines we recently discussed.
Specifically, I have reduced the scope of the legislative
monitoring and legislative analysis to cover only those
issues which will be included in the City's legislative
policies. Because the number and complexity of the issues
to be covered is unknown at this time, I have quoted you a
minimal number of hours which in my judgment would be
necessary to carry out these services. The proposal contem-
plates the possibility of additional analysis at a set hourly
rate added to the base cost. I have also quoted you a rate
for legislative representative services should you have a
need for such services. The prices quoted in this revised
proposal are good only if accepted by the City Council not
later than December 1, 1980.
In summary, I am proposing three distinct services:
1) Legislative Policy Development, 2) Legislative Monitoring,
and 3) Legislative Analysis. Should you choose to contract
with me for all three services, the minimum total cost to
the city for the period December 1, 1980 through November 31, 1981
would be $8,740.00. You have the option, however, of contracting
for only one or two of the proposed services. For example,
you could contract for the legislative policy development and
monitoring of the related legislation and leave the analysis of
the specific impact of the proposed legislation to City staff.
I am hoping your Council will act upon this proposal relatively
soon so that we may begin the legislative policy development
on December 1 in order to have the policies in place as early
in the legislative session as possible.
Policy Analysis • Legislative Analysis « Fiscal Analysis • Legislative Rcpiesentation
Mr. Frank Aleshire
City of Carlsbad
October 10, 1980
Page Two
Please give me a call if you need additional information or
have questions about the revised proposal.
Very truly^yours,
JOHN J. McTIGHE, M.P.A.
PUBLIC AFFAIRS CONSULTANT
1438 Bathurst Place
tl Cajon, California 92020
(714)440-3808 ,
Proposal for Legislative Services
for the City of Carlsbad, California
Revised October 7, 1980
Purpose of Services:
1. To assist the City Council arid Manager in the formulation
of State legislative policies.
2. To summarize, monitor and report to the City Council and
Manager on all proposed State legislation which relates
to the adopted legislative policies of the City.
3. To provide the City Council and Manager with analysis of
the potential effect of specified proposed legislation on
the City of Carlsbad.
Scope of Services:
Consultant will develop for Council consideration and
adoption a set of legislative policy statements dealing with
those issues anticipated to be considered by the State
Legislature in the 1981-82 biennial session of importance to
the City. Consultant will regularly monitor and report on
all proposed legislation which relates to the City's adopted
legislative policies. Consultant will perform up to eight
hours per month of analysis of pending legislation.
Legislation to be analyzed will be determined by the City
Manager or his designated representative. '
i
Description of Services: I
1. Legislative Policy Development
This service will consist of meetings with City Council I
Members, the City Manager and key City staff to determine <
those issues of greatest significance to the City which |
might be addressed by future legislation. In addition, |
consultant will meet with legislators, staff of the League
of California Cities and staff of other cities in
San Diego County to determine which issues are most likely
to be considered in the 1981-82 legislative session.
At the conclusion of the above meetings, consultant will
draft a set of policy statements for the Council's
consideration which most nearly reflect the consensus of
of Council and staff on those issues most likely to be
addressed by the Legislature. Consultant will meet with
the Council in a workshop session to discuss the proposed
policies. Consultant will follow up the workshop session
with the submittal of a final set of legislative policies
for adoption by the City Council.
Policy Analysis • Legislative Analysis « Fiscal Analysis . Legislative Representation
Proposal for Legislative Services
for the City of Carlsbad, Ca
October 10, 1980
Page Two
2. Legislative Monitoring
This service will consist of continual review of all
legislation introduced or amended that relates to the
legislative policies of the City. Consultant will
provide a weekly written summary of all such legislation
that has been introduced or amended in the previous
week. In addition, consultant will provide a monthly
written summary of the status of all legislation that
has been previously reported on in the weekly summaries.
3• Legislative Analysis
Analysis will consist of a summary of the proposed legis-
lation together with, a description of the potential
effect passage of the legislation would have on the City
of Carlsbad. Consultant will provide the City Manager
with a complete written analysis of the legislation and
its potential effect on the City. Consultant will
further meet with the City Council once a month to
orally review legislation and answer questions concerning
the written analysis.
During conduct of analysis, consultant will meet with
appropriate City staff to gather pertinent data and
information to be utilized in the analysis.
Term of Services:
1. Legislative Policy Development - December 1, 1980 through
January 31, 1981.
2. Legislative Monitoring - December 1, 1980 through
November 31, 1981.
3. Legislative Analysis - December 1, 1980 through
November 31, 1981.
Cost of Services:
1- Legislative Policy Development: $1,540.00 payable in two
equal installments ol:£770.00, the first due ten days
following submission of the draft set of policy statements
and the final due ten days following submission of the
final set of policy statements.
Proposal for Legislative Services
for the City of Carlsbad, Ca
October 10, 1980"
Page Three
2. Legislative Monitoring: $2,400.00 payable in tv/elve equal
monthly installments of $200.00 by the fifteenth day of
each month, commencing with January, 1981.
3- Legislative Analysis; $4,800.00 payable in twelve equal
monthly installments of $400.00 by the fifteenth day of '
each month, commencing with January, 1981.
Additional Services:
1. Legislative Analysis
If the City Manager or his designated representative
authorize analysis in excess of eight (8) hours in any
one month, consultant will provide such services at an
ho\irly rate of $50.00 for the first eight additional
hours, $45.00 for each of the next four hours/ and
$40.00 for each hour thereafter up to a total of twenty
four additional hours in any one month. Such additional
services will be invoiced to City on a monthly basis and
are payable within ten (10) days following the receipt of
consultant's invoice.
2. Legis 1 atiye Repres en tat.ion
If the City Council should determine to use consultant's
services to represent the City's interests with the State
Legislature or individual Legislators, consultant will
provide such services at an hoxirly rate of $35.00 plus
expenses incurred in the performance of such services.
Such additional services will be invoiced to City on a
monthly basis and are payable within ten (10) days
following the receipt of consultant's invoice.
JOHN J. McTIGHE, M.P.A.
PUBLIC AFFAIRS CONSUL! ANT
1438 Bathurst Place
El Cajon, California 92020
(734)440-3808
August 1980
In these times when the State Legislature is exerting
increasing influence over the affairs of local agencies, it is
more important than ever before that local agencies keep
abreast of proposed changes in State law that affect them. It
is most critical that local agencies take advantage of every
opportunity to insure their voices are heard in Sacramento.
State associations can only go so far in the legislative process
and by necessity must represent the best interests of the
majority of their membership on those few issues where a
concensus of the members is possible.
John J. McTighe has developed a unique set of services tailored
to the individual needs of local agencies to be involved in the
State legislative process. These services are intended not to
duplicate, but rather to supplement the services currently
provided by state associations.
Agencies may pick from several types of services to develop a
custom package which precisely fits their needs. Each agency
pays only for what it needs.
Contracting with John J. McTighe for legislative services
offers the advantages of receiving highly professional legis-
lative summaries, analyses and/or representation for a fraction
of the cost of employing staff to perform the same functions.
John combines over ten years of experience in legislative
representation and local government administration with solid
Policy Analysis • Legislative Analysis • Fiscal Analysis . Legislative Representation
grounding in public affairs and administration. He is able to
concentrate on legislation and bring your agency the quality of
services that previously only the larger local agencies could
afford.
John possesses a firm belief in the importance of local control
of governmental functions and an understanding of the inter-
governmental realities of the 1980s,
Local agencies are able to select from legislative summaries,
legislative analyses, and legislative representation or a
combination of these services depending on their need. In
addition, John J. McTighe will work with the local agency to
develop a positive state legislative program to allow the
agency to aggressively track legislation and to work toward the
enactment of legislation that will be in the best interests of
the agency's constituents.
As the State is becoming more of a factor in local affairs,
few agencies can afford not to have the services of
John J. McTighe.
It is important that you act now if you feel your agency can
use these services. The next Legislative session is only a
few months away and you won't want to miss any legislation that
will affect you. There are only a limited number of clients
that John J. McTighe will be serving for the 1981 session. You
are encouraged to contact John today so you don't miss the
opportunity to be among them.
JOHN J. McTIGHE, M.P.A.
PUBLIC AFFAIRS CONSULTANT
1438 Bathurst Place
El Cajon, California 92020
(714)440-3808
December 15, 1980
Honorable Ronald Packard, Mayor and
Member3 of the City Council
City of Carlsbad
1200 £lem Avenue
Carlsbad, California 92008
Dear Mayor Packard and Council Members:
During discussion of agenda bill #6446 on December 2, 1980,
your Council determined to postpone consideration of contrating
for my legislative services until after you had an opportunity
to review a sample of my work. In a subsequent discussion with
the City Manager, I agreed to prepare, at no obligation to the
City, a summary of legislation introduced in the first week of
the new legislative session that might be of interest to you.
Due to the lack of a statement of legislative policies of your
Council, the following summary may include issues which are not
of particular concern to youi However, I have attempted to be
selective and have covered only those issues which would appear
to have some effect on the City of Carlsbad.
SUMMARY OF LEGISLATION INTRODUCED AS OF DECEMBER 5. 1980;
Coastal Act
Senate Bill 36 by Senator Beverly would exempt the conversion
of apartments to condominiums from the requirements of the
Coastal Act.
Preprint Assembly Bill 25 by Assemblyman Frazee would prohibit
the Coastal Commission from placing any housing requirements
or conditions on coastal development permits if the city or
county has an adopted housing element in conformance with the
Government Code.
Buena Vista Lagoon
Senate Bill 13 by Senator Craven would appropriate $1.5
million for dredging and repair of the Buena Vista Lagoon
Ecological Reserve in order to restore and preserve the wet-
land habitat for wildlife.
EXHIBIT 4
Policy Analysis • Legislative Analysis « Fiscal Analysis • Legislative Representation
Honorable Ronald Packard, Mayor ar;d
Members of tne City Council
City of Carlsbad
December 15, 1930
Page two
Housing
Senate Bill 53 by Senator Boatwright would delete the Governor
and the Executive Director of the California Housing Finance
Agency from membership on the Housing Bond Credit Committee
and would add in their place two Governor's appointees, who
would be a mayor or a councilman and a coanty supervisor. The
mayor or city councilman would be appointed from among nominees
sxabmitted by the League of California Cities. The county
supervisor would be appointed from among nominees submitted
by the County Supervisors Association of California.
Senate Constitutional Amendment 1 would remove the requirement
for an election to approve a public body's development, con-
struction or acquisition of a low rent housing project. It
would substitute a referendum on such projects if a petition
signed by 10% of the number of voters who voted in the last
gubernatorial election is submitted within 60 days of the
required public notice of intent to develop, construct or
acquire.
Assembly Bill 39 by Assemblyman Young would authorize the
sale of $5 billion of tax-exempt revenue bonds by the
California Housing Finance Agency to purchase mortgage loans
made by savings and loan associations prior to January 1, 1982.
The bill requires that at least 75% of the monies received by
the savings and loan associations be used for relending to
provide housing for persons of low or moderate income.
Local Agency Finance
Senate Bill 25 by Senator Campbell would distribute a 1% rate
of the State sales and use tax to cities and counties in pro-
portion to population. For the 1981-82 fiscal year only, each
city ana county receiving the sales tax revenue would receive
a reduction in property tax revenue equal to the amount of
additional sales tax revenue received. The amount of property
tax not received by cities and counties as a result of this
bill would be received by school districts on a tax rate area
basis.
Senate Bill 29 by Senator Campbell removes most of the
"cost-of-living" allowances built into existing state law
and substitutes fixed amounts allowing for adjustments to
be made only in the annual State Budget Act. The only por-
tion of this bill which directly affects cities deals with
the reimbursement for the business inventory tax exemption.
Honorable Ronald Packard, Mayor and
Members of the City Council
City of Carlsbad
December 15, 1980
Page three
Local Agency Finance (continued)
Assembly Bill 21 by Assemblyman Lockyer would revise the form-
ula for distributing money allocated to cities and counties
from the Financial Aid to Local Agencies Fund by deleting the
part of the formula which distributes funds among cities and
the county based on per capita personal income and substituting
a part which distributes funds based on the proportion of
entitlements received by each city and the county under the
federal Housing and Community Development Act of 1974, as
amended.
Assembly Bill 45 by Assemblyman Vasconcellos requires the
fiscal committee of each house before completing its action
on the annual budget to review each state revenue and ex-
penditure program which provides for automatic cost-of-living
adjustments to determine whether it is appropriate to index
that program and if so, whether the index presently in use
most accurately reflects the inflation effect on the program.
Taxation
Senate Bill 44 and Senate Constitutional Amendment 8 would
require all residential real property to be annually reassessed
to its fair market value. The bill would limit the total
amount of property tax collected from residential real prop-
erty to the amount that would have been collected without
the proposed change in valuation.
Assembly Bill 10 by Assemblyman Kelley would exempt from
state and local sales and use taxes the sale of liquefied
petroleum gas for residential use in household appliances.
This bill would reimburse cities and counties for the
revenue loss from the exemption.
Assembly Bill 19 and Assembly Constitutional Amendment 1
by Assemblyman Lockyer v.7ould establish a yield tax on gas
and oil production throughout the state in lieu of property
taxes on such production. This bill would provide for the
payment to local agencies of proceeds from the Oil and Gas
Production Fund equivalent to the average of the 1980-81 &
1981-82 property tax received by the local agencies from oil
and gas production, increased annually by the percentage
increase in the state's "Gatin" expenditure limit" The
balance of the monies not distributed to local agencies
would be deposited in the Oil and Gas Production Tax Account
of the state General Fund. If ACA 1 is enacted by the
people, this measure would become effective for the 1983-84
fiscal year.
Honorable Ronald Packard, Mayor and
Members of the City Council
City of Carlsbad
December 15, 198C
Page four
Taxation (continued)
Assembly Bill 20 by Assemblyman Lockyer would cancel all
interest and penalties owing due to rhe late payment of
supplemental unsecured property taxes for 1978-79, if the
supplemental taxes are paid prior to December 31, 1981.
Assembly Constitutional Amendment 6 by Assemblyman Dennis
Brown would amend the Constitution to state that unsecured
property on the 1978-79 roll is covered by the 1% limitation
of Proposition 13. This measure would require local agencies
which"collected taxes at a higher rate for 1973-79 to refund
the excess taxes upon a claim being made.
Assembly Constitutional Amendment 4 by Assemblyman Campbell
would exempt the acquisition of real property as a replace-
ment for comparable property from reassessment, if the per-
son acquiring the real property has been displaced from the
property replaced by eminent domain proceedings, by acquis-
ition by a government agency, or by government action which
has resulted in a judgement of inverse condemnation.
Economic Development
Senate Bill 27 would allow for the establishment of Urban
Job Zones in any city over 4,000 population if any of the
following conditions exist:
1. The unemployment rate within the zone exceeds 2 times
the national average and the poverty rate exceeds 30
percent;
2. The unemployment rate within the zone exceeds 3 times
the national average; or
3. The poverty rate within the zone exceeds SO percent.
Once designated an Urban Job Zone, the designation would
remain effective for 5 years. The designation of the Urban
Job Zone would lead to special tax incentives under the per-
sonal income tax law and the bank and corporation tax law
for businesses located within an Urban Job Zone.
Land Use
Assembly Bill 78 by Assemblyman McAlister revises the pro-
cedures for suits in eminent domain to require a named
defendent who holds a lien that secures a special assess-
ment to file an answer, instead of a certification, with
the court* • .
Senate Bill 15 and Senate Constitutional Amendment 15 by
Senator Speraw would require a public entity to prepare an
economic analysis estimating the aggregate dollar amount of
reduction in fair market value that a regulation, control or
••«.
-
Honorable Ronald Packard/ Mayor and
Members of the City Council
City of Carlsbad
December 15, 1980
Page five •.
Land Use (continued)
restriction on the use of real property will have before
enactment of such regulation, control or restriction. This
bill requires notification of property owners affected by
such action and an offer to pay the total amount of the
impairment in fair market value to those whose estimated
reduction in valueis 50% or more. Establishes a cause of
action in the courts for property owners whose property has
been impaired by the enactment of a regulation, control or
restriction. Permits a two part trial to allow the public
entity to rescind the action or affirm the action and pay
just compensation within 45 days of the court's finding
of substantial impairmentT
Air Pollution
Senate Bill 33 by Senator Presley would authorize an air
pollution control district to implement a motor vehicle
inspection and maintenance program in a non-attainment
area or to require the Office of Motor Vehicle Inspection
(created by this bill) to implement such a program. The
inspection and maintenance program would apply to 1969 and
later model-year vehicles from whose owners would be collected
an annual fee not toexceed $15 when the vehicle is rereg-
istered each year.This bill would allow for either a cen-
tral inspection or for decentralized inspection by licensed
clean air test stations.
Local Agency Formation Commissions
Senate Bill 55 would allow an alternative member appointed
by an independent special district selection committee to
serve and vote if a regular member representing independent
special districts is disqualified.(Johnson)
Peripheral Canal-Special Election
Assembly Bill 9 would call a special election to be held on
June 2, 1981 to consider a referendum on Senate Bill 200 of
the 1979-80 session(the peripheral canal bill).(Johnson)
Assembly Bill 68 by Assemblyman Young would call a special
election to be held on April 7, 1981 to consider a referen-
dum on Senate Bill 200 of the 1979-80 session(the peripheral
canal bill) and an initiative measure entitled "The Gift and
Inheritance Taxes Initiative Statute."
Public Communications
Assembly Bill 98 would make it a misdemeanor for an employer
to interfere with, restrain, or coerce employees with respect:
to their communications to public officials. (Harris)
Honorable Ronald Packard, Mayor and
Members of the City Council
City of Carlsbad
December IS, 1980
Page six
I welcome the opportunity to sit down with each of you to
personally review the legislation reported on here as well
as to discuss the areas of particular concern that you believe
might be addressed in future legislation.
I hope you have found the above information useful and agree
with me that a continuation of such service will be of benefit
to your Council.
Very truly yours,