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HomeMy WebLinkAbout1984-08-07; City Council; 7848; Legislative Issuesin M N r-1 z 0 ~ ..a c:; z :, 8 -,,....., Cir\ JF CARLSBAD -AGENDJ JILL a....... 7 f?-U P- MDff f U CU MTG. 8/7/84 DEPT._C"--M ___ _ TiTlE; LEGISLATIVE ISSUES DEPT.HD. __ CITY ATI'Y V .f6 CITY MOR-~ RECOMMENDED ACTION: That Council review current legislative issues and take appropriate action. ITEM EXPLANATION: l. AB 1235 (Frazee) -Trauma Center Requires. county to designate a trauma center for each heal th facility planning area. This would allow both Tri City and Palomar hospitals to become trauma centers if they are able to meet the standards set by the county. 2. SB 2137 (Greene) -Parkland Dedication This bill amends the Quimby Act and prohibits a city from charging a subdivider for park improvements. currently the Quimby Act allows a city to require developers to dedicate park land .Q.;: to pay a park-in-lieu fee. Passage of SB 2137 would probably jeopaLdize Carlsbad's park development program. 3. SCA 23 (Ayala) -Vehicle License Fee SCA 23 guarantees the permanency of long term local government finances by prohibiting the legislature from diverting VLF into the state general fund. This is one of the League of California Cities major objectives this year. The League urges all city officials to actively lobby for ~he bill in August. EXHIBITS: 1. League Bulletin -July 20, 1984 2. Letter from Escondido -July 24, 1984 3. Memo on AB 1235 \ I ,-. LfGISLATIVE lillLLETIN League of California Cities 1400 K Street • Sacramento 95814 • (916) 444-5790 July 20, 1984 LEGISLATURE RECONVENES AUGUST 6, WILL ADJOURN AUGUST 31. FINAL CERTIFICATION OF NOVEMBER BALLOT MEASURES ANNOUNCED (See Appendix). _______ J #27-1984 •••••••••••••••••••••••• LEGISLATIVE ACTIVITIES•••••••••••••••••••••••••• 1. Long-Tenn Finance Package Signed by Governor. AB 1849 (Cortese), Chapter 448, Statutes of 1984. SB 794 (Marks), Chapter 447, Statutes of 1984. 2. Constitutional Protection for Vehicle License Fee. SCA 23 (Ayala). He~ring: Tuesday, August 7, Assembly Elections, Reapportionment and Constitutional Amendments Comni ttec. 3. Fair Employment and Housing: Heart Trouble. AB 1873 (Seastrand). Chapter 380, Statutes of 1984. 4. Conflict of Interest. Disclosure Statements by City Officials. AB 790 (Elder). Hearing: August 7, Senate Governmental Organization Conmittee. 5. Limit on Attorney-Client Privilege. SB 2216 (Keene). Hearing: August 8, Assenoly Local Government Conmittee. 6. Public Employees Retirement System: Unilateral Bargaining Decisions. AB 3167 (Floyd). Senate Floor. 7. Workers' Compensation: Public Agency Self-Insurance. SB 1509 (Bill Greene). Raconsideration Vote and Hearing: August 7, Assembly Finance and Insurance Conmittee. s. Local Employer-Employee Relations: Peace Officer Time Bank. AB 2369 {Floyd). Senate Floor. 9. Public Contracts: Labor Compliance Programs. AB 3683 (Floyd) and AB 3677 (Floyd). Senate Finance Conmittee. 10. Transient Occuplncy Tax on Time-Share Units. Likely Amendments to SB 1399 (Montoya). ~earing: Monday, August 6, Assent>ly Revenue and Taxation Conmittee. 11. State Funding of County Trial Costs. AB 3106 (Robinson). ,.-., 12. Admission Day Holiday August 6 Instead of September 9, ,J84. Local Agencies Not Affected Without Positive Action. 13. Change in Makeup ~f Local Agency Formation Corrrnissions. Preprint AB 16 (Hauser). i4. Consolidation of nox-Nesbit Act, District Reorganization Act, and Municipal Organization Act. Preprint AB iG (Cortese). 15. Changed Status of Bills Previously Reported: AB 2912 (Campbell), and SB 2137 {L. Greene). FEDERAL AFFAIRS 16. Removal of Mandatory Retirement Age for PERS Safety Personnel. H.R. 5310. **************************************************************************************** 17. State Reimbursement for Unemployment Insurance Costs Required. Supreme Court Denies Hearing in Sacramento Case. ****************************************************************tt********************** LEGISLATIVE ACTIVITIES 1. Lon -Term Finan ernor. AB 1849 Cha ter 448, Statutes or 98. SB 79 Marks, Cater 447, Statutes o • ove'nor Deukmejian signed AB 1849 and SB 794 this week, as anticipated, in a Los Angeles ceremony attended by League President Darill Wright and Board Members and past presidents Harry Armstrong and Dr. Torn Clark. Both bills were most recently described in the Legislative Bulletins of June 29 and July 9. The Legislative Analyst's estimate of individual city revenues from the VLF and the new supple- mental subvention was included with the July 9 Bulletin. ------------------------------·------------------------------------------------------- Constitut·:onal Protection for Vehicle License Fee. •2. URGENT SUPPORT SCA 23 {Ayala). Hearing: Tuesday, August 7, Assembly Elections, Reaiportionment·and Constitutional Amendments Co0111ittee. s~·23 guarantees the·permanency of this year's lony-terrn local government finance bills (AB 1849,'SB 794) by providing that the VLF is a local government revenue source which cannot be redirected to the state general fund. This proposal is the result of several years of debate at the League's Annual Conference and represents the long-tenn basis of the local government financing package. An issue paper on SCA 23 is attached to this bulletin for addition&. background. All city officials must become active lobbyists for SCA 23. The measure will face several critical ~otes in August. If we lose any one of the votes, there will be little or no time for a reconsideration vote. The first test is the Assembly Committee on Elections, Reapportionment and Constitutional Amendments (Ccmmittee menbers are: Johnston (Chair), Mojonnier (Vice Chair), Agnos, Alatorre, Dennis Brown, Chacon, Gogain, Klehs, Robinson, Roos, and Statham.). If successful there, SCA 23 will then be considered by the Ways and Means Co1T111ittee, probably the third week in August. F'inally, two-thirds of the full Assembly and Senate rmist approve SCA 23 before the end of August. -2-July 20, 1984 3 or seven members by local option. Preprint AB 16 would modify the makeup of LAFCOs by providing that in any county with a population of less than 300,000 persons on January 1, 1985, the LAFCO may be enlarged to seven members, one of whom is appointed by the board of supervisors to represent agricultural interests within the county and one of whom is a representative of the general public and appointed by the city and county members of the LAFCO. We would appreciate co11111ents from interested city officials. ----------------------------------------------··------------------------------------ 14. REVIEW AND COMMENT Preprint AB 15 (Cortese). Consolidation of Knox- Nesbit Act, District Reorganization Act, and Municipal Organization Act. On behalf of the California Association of Local Agency Formation Co11111issions (CaLAFCO), Assemblyman Cortese has introduced Preprint AB 15. The bill, to be introduced next year, would consolidate the Knox-Nesbit Act, which establishes LAFCOs and their procedures, the District Reorganization Act, and the Municipal Organization Act. The bill has been put into preprint form so that interested parties may review and conment on the bill early. Interested city officials should obtain a copy of Preprint AB 15, and any city official who wishes to do a detailed review, may request a cross-reference table between existing and proposed law from either the Sacramento office of the League or from Assemblyman Cortese's office. 15. Changed Status of Bills Previously Reported. (a) AB 2912 (Campbell). School Site Disposition Co111T1ittee Composition Bill on Governor's Desk. League-sponsored AB 2912 changes the makeup of school sitP. disposition co11111ittees to require that one of the comnittee members have knowledge of the land-use restrictions of the cities in which the school district owns school sites. It passed the Senate with no negative votes, and is now on the Governor's desk awaiting signature. (Referred to in previous Bulletins: 3-2-84 and 4-27-84.) (b) Parkland Dedication Fees Biil Set for Hearing. S 2137 Greene). SB 2137 prohibits a city from charging a subdivider, purs~an tote Parkland Dedication Law (Quini>y Act), monies for improving parkland, and limits the ch r to ac · 'tion of uni ve . , y'l:he League and will be heard in the Asse y Loca Government Conmittee on~S. Members of the comn· e are: Cortese (Chair), Clute (Vice Chair), radle Farr, Filante razee Hauser, Killea, and Sebastiani. (Referred o ,n previous Bulletin: --84.) -------------------------------------------------------------------------------~- FEDERAL AFFAIRS 16. Removal of Mandatory Retire1i1ent Age for PERS Safety Personnel. The League has endorsed R.R. 5310 to permit cities to establish a maximum entry-level age and a mandatory retirement age for firefighters and police without violating the ADEA and bring to an end harassment by EEOC of PERS contract cities. It is contended by some that each individual can be tested for physical and mental -9-July 20, 1984 J ( £"'1...-........... ,-,.-w:i Q cr.nn-n""'...--nn '--{ .I. .J.. ~ V L1 '---i p '--{ 'V .A L ..U .L .LI' '-' ERNIE COWAN MAYOR 100 VALLEY BLVD., ESCONDIDO, CALIFORNIA 92025 (619) 741-4610 July 24, 1984 The Honorable Mary H. Casler uayor of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: AB 1235 (Frazee)--Trauma care Dear Mayor Casler: As you are aware, the county's designation of Trauma Centers has excluded any hospital in the North county. Assemblyman Robert Frazee has introduced a bill (AB 1235), a copy of which is enclosed which would rectify this problem by insuring a Trauma Center for each health f~cility's planning area. AB 1235 is scheduled for hearing before the senate F•inal)ce committde on -August 6th. The City Council of the City of .escondido has unanimously voted to support AB 1235 and I have written a letter to the members of the senate Finance committee indicating this position and u,ging favorable consideration of the bill. A copy of my letter is included for your review. AB 1235 is in the best interests of all residents of North county and I urge your City council to support this bill ~nd to write letters to the members of the senate Finance committee indicating this support. If you have any questions or would like discuss this bill please do not hesitate to contact me. For your additional information I am enclosing a list of the members of the senate Finance committee with their respective mailing addresses. Yo{<) very t~ E~AN Mayor, City of Escondido ..-·.f•-;{'l~-2Jlit~ ..-'•) ..,_'--"</' ;:,", .-c,.,· • '-()"'I.._, .:Jj ~"'~ .lflL 1984 ~; EC/DRC/mce City of :... .-CARLSBAD N ~% Carlsbad, CA' .;:' ~~/ q,('> ·c1,,m 6 ~ \, -< Enclosures ERNIE COWAN, MAYOR JIM RADY, MAYOR PRO T£:M DOUG BEST JERRY HARMON DORIS THURSTON - TO: FROM: REGARDING: AB 1235, Frazee/Bradley/Craven. Trauma Centers SIMIJ ,AR BILLS: None ANALYSIS: Over the past year, the County of San Diego has been working toward the implementation of a trauma care system. In preparation for designation of the sites, a Predesignation Proposal Review Committee comprised of experts from the medical community were asked to review applications from nine hospitals interested in receiving a Level II trauma center designation. Only six hospitals were judged to meet adopted standards. Both Tri-City and Palomar Hospitals did not qµalify. In an effort to deal with the public outcry from North County, the B0ard of Supervisors has agreed to allow both Tri-City and Palomar to resubmlt applications for designation this October. The Board has indicated their willingness to make one additional designation of a Level II site in North County. AB 1235, which was introduced at the request of Palomar Hospital, proposes to require Level II trauma center desig~ations if the facility making application is the only.such application received from a health facility planning area (a geographic area used by the state and federal governments for health care planning) and if that facility meets all the technical requirements used to designate the other trauma centers. In practical terms, thiy bill would ;nsure that, if qualified, both Tri- City and Palomar would receive trauma center designations. Opponents suggest that adding two additional trauma centers will result in less patient work- load for other sites thereby diminishing the sKills necessary for saving the acutely injured. SUPPORT: OPPOSE: STATUS: RECOMMENDATION: Proponents suggest that 1) North County currently deals with 47% of the County's trauma patients, 2) Tri-City handled the highest number of cases, Palomar, the third highest, 3) the County's trauma care sys·tem provides for a review of the operating system afte·r a full year to determine, based upon actual patient numbers, whether more or fewer designated sites are necessary, and 4) the City Board of Supervisors ignqred geographic consider- ation when they made the designations. Palomar Hospital, City of Oceanside Tri-City Hospital, County of San Diego, San Diego County Society of General Surgeons, San Diego County Medical Society. Senate Finance Committee 7 -•, • .. * .. : ""'l""'""' .... ,~-,,.,,iy-"-,.,-"' ~ ... ~ .;'"'I :{ClTUR -..L--~·_ •"----, ....... IP-. -----·· •• ---. 4 ,------..,,. ,., ------- ______ .._.......,-... ..._-.,.,.,.----. -.4\>-,__... __ .,,_. ____ ~ ~-- ;j• , ' "" --"' -..... \• Labor and management building tomorrow t I l f ' \ 1blished by the Construction Aw■re-Ptegnim .. , Volume 3/Summer 1984 ~) I ----, ~ ----. -------- Jarvis IV called 'overkill' The latest anti-tu initiative from Howard Jarvis could result in a tax re- fund of $624 million from local govern- ments and $508 miliion from the state if pauc:d by voters in November. Dubbed .. Jarvis IV." the initiative wou;.!: • Reverse court rulings that have nar- rowed the scope of Proposition 13, ap- ' -plying the two-thirds popular vote re- ' quirement to virtually every new tax by local governments, and would invalidate numerous local taxes passed without .a two-thirds vote. ' • Require a two-thirds vote for any fee increue excuding a cost of living adjust- ment. • Give property taxpayers from the years 1975 through 1978 a refund of Sl.3 billion in taxes plus interest, overturning an appeals c:ourt ruling that allowed Prop. 13 asse111nent increases of two percent an- nually to be imposed for those years • • Lower by six percent the assessed \ ~-or pre-1978 owners. l·-'Poil,id·thc IIIC of money frobi govcm- mfflt rea for suppo.tilt, pension eystems, e\lffl in prosrams wher'e nlaiies and bcne- ..... -~ _ . ...., .............. ~--~-·"'· -~ -- fits are funded entirety by fees. Howard Jarvis predicts the measure will pass by a two to one margin and "gi~e the lie to people who have been saying the tax revolt is dead." According to a spokesman for Jarvis• Los Angeles-based California Tax Reduc- tion Movement, the campaign for the ini- tiative will be financed by the group•s 250,00 members who pay S2S each in an- nual dues, as well as contributions from non-members. The California State Chamber of Com- merce was the fim major business group to announce opposition to the new mea- sure, although the Chamber took no posi- tioll on Proposition 13 and has since en- dorsed some of its provisions. Chamber of Commerce Prc5ident Joha Hay called the initiative "the worst cue of overkill in recent memory," addina that "the damage this measure would do the economic grov.1h and jobs, housi• and water would be a state tragedy." The board of the League of California Cities recentl;• voted to oppose Jarvis IV. The measure is also opposed by the Cal- fontia· Building Industry Associailon. J, ! -~