HomeMy WebLinkAbout1993-09-20; Parks & Recreation Commission; 993-12; AB 2007PARKS & RECREATION COMMISSION - AGENDA BILL
TITLE:
AB 2007 (INFO)06
RECOMMENDED ACTION:
Accept and file staff update.
ITEM EXPLANATION;
Over the past six months, the Parks and Recreation Directors from cities and other
park jurisdictions throughout San Diego County, have been meeting to discuss
and share information and ideas relative to benefiting the field of Parks, Recreation
and Leisure Services in San Diego County.
As a result of those meetings, information was presented during a meeting held
on September 9,1993. During that meeting, it was revealed that an initiative is well
underway which would establish the formation of a San Diego County Regional
Park and Open Space District as a regional funding mechanism to provide funds
for park acquisition, development, and operations to all jurisdictions within the
County (Exhibit 1).
Assembly Bill 2007 (Alpert) (Exhibit 2), as we understand, is currently awaiting the
Governor's signature which would authorize a vote of the people in San Diego
County to assess a fee in order to provide for regionally significant park
acquisition, development, and operations. In essence, the initiative would create
a county-wide assessment district to benefit parks and open space.
Although this information is new to our department and the procedure for
implementation of this proposed assembly bill is somewhat controversial, the San
Diego Association of Governments (SANDAG), of which the City of Carlsbad is a
member, has submitted a recommendation relative to AB 2007 (Exhibit 3).
The SANDAG Executive Committee referred AB 2007 to SANDAG's Open Space
Citizens' Advisory Committee. The Citizens' Committee recommends support of
the bill as a 'tool" and that it be amended to require consistency with the Open
Space Element of the Regional Growth Management Strategy.
Pursuant to the Citizens' Committee recommendation, the Executive Committee
has made recommendations relative to amending AB 2007 (Exhibit 3, Pg. 2).
Specifically, those recommendations are:
Require SANDAG, serving as the Regional Growth Management
Review Board, to determine consistency between the district's plans
and the open space element of the Regional Growth Management
Strategy, and reimburse it for its costs.
069
Page 2
Limit administrative costs from 1 % to 3%, depending on the amount
of district revenues to be derived from the measure.
Authorize agencies such as the San Dieguito River Park JPA to
receive project funds under the act.
At the conclusion of the September 9, 1993 county park director's meeting, each
city has been asked by the County Director (Bob Copper) to submit projects for
funding under AB 2007.
Because the City has not taken an official position of support of AB 2007 at this
time, staff will only submit a list of conceptual projects noting that they require
appropriate approvals from the Manager's office, Parks and Recreation
Commission, and the City Council.
Examples of projects that fit the preliminary criteria and that .would benefit Carlsbad
residents are: The open space and city-wide trail system, Poinsettia Community
Park Phase II or III, Hosp Grove/Buena Vista Lagoon improvements, and various
park restoration projects.
EXHIBITS:
1. Letter from Director of San Diego County Parks and Recreation
2. Proposed Assembly Bill 2007 (Alpert)
3. Memo: SANDAG-Regional Open Space Technical Advisory Committee
070
Olountg of Jian JB
ROBERT R COPPER
DIRECTOR
<6.9i 69A-3030 DEPARTMENT OF PARKS AND RECREATION
S2O1 RUFFIN ROAO SUITE P. SAN DIEGO. CALIFORNIA 92123-1699
August 19, 1993
Dear Colleagues:
This is a follow-up to the letter you received from David Wigginton
regarding the next County Director's meeting. On August 5, 1993 I
met with you to discuss the potential formation of a San Diego
County Regional Park and Open Space District as a regional funding
mechanism to provide funds for park acquisition, development and
operations to all jurisdictions in the County.
At that meeting you expressed interest in meeting with the
representatives who successfully ran the Proposition A campaign in
Los Angeles County. Proposition A created an Open Space and Park
District and identified $540 million of parks projects for the next
twenty-two years. We have arranged for Esther Feldman, Special
Projects Director from the Mountains, Recreation and Conservation
Authority (MRCA) to attend the September 9th meeting of the County
Directors to answer questions and acquaint you with their success.
This meeting will provide an opportunity to begin to assess our
park and recreation needs in the San Diego region. Please come
•prepared to share your park and recreation needs and your top
priority projects. This will be a rough draft but it will help us
begin to focus on what will be on the ballot.
I have enclosed an agenda for the meeting. I look forward to
working with you to develop a measure that will provide capital and
operations funding and that will guarantee our communities and our
citizens the stable delivery of park services for many years to
come. See you on September 9th!
„-••—"s t ,.-""-> /Sincerely^ - y.
ROBERT R. COPPER, Director
Parks & Recreation Department
RRC:jp
Enclosure EXHIBIT 1
071
AGENDA
COUNTY PARK AND RECREATION DIRECTORS MEETING
September 9, 1993
1:30 - 3:30 p.m.
5201 Ruffin Road
Social Services Training Room C
FUNDING FOR OUR PARK, RECREATION AND OPEN SPACE NEEDS
I. Proposition A, L.A. County
Briefing by Esther Feldman on success of $540 million ballot
measure in Los Angeles County to fund park, recreation and
open space lands
II. Funding Options
A. State-wide Bond Measures
B. County Funds
C. City Funds
D. Regional Park and Open Space District
III. Identification of Needs in San Diego County
A. Ball Fields
B. Playgrounds
C. Community Parks
D. Open Space
E. Rehabilitation Project
F. Trails
G. Operations and Maintenance
IV. Potential Support
A. Civic Groups
B. Homeowners Associations
C. Sports and Athletics
D. Recreation Councils
E. City Councils
F. Other
V. Potential Opposition Organizations
VI. Next Steps
072
In bill text, brackets have special meaning:
[A> <A] contains added text, and
[D> <D] contains deleted text.
Enrolled
ASSEMBLY BILL No. 2007
Passed the Assembly September 3, 1993
Chief Clerk of the Assembly
Passed the Senate August 31, 1993
Secretary of the Senate
This bill was received by the Governor this
day of , 1992, at o'clock M.
Private Secretary of the Governor
CHAPTER
Alpert
An act to add Sections 5506.3, 5538.3, and 5539.3 to the Public
Resources Code, relating to regional park or open-space districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2007, Alpert. Regional park or open-space districts: San Diego
County.
Under existing law, a regional park district, regional park and
open-space district, or regional open-space district may generally only
be formed upon presentation of a petition, among other things, signed by
at least 5,000 residents, to the board of supervisors of the county
containing the largest area within the proposed district. Upon receipt
of the petition, the board of supervisors is required to hold a hearing,
pass a resolution approving or denying the petition, and call an
election, if the petition is approved, to approve or disapprove
formation of the district and to elect district directors. Existing law
authorizes the board of directors of a district to levy assessments.
This bill would permit proceedings for the formation of a regional
park and open-space district or a regional open-space district in San
Diego County to be initiated by resolution of the county board of
supervisors adopted after a noticed hearing. The bill would specify the
contents of the resolution, including a requirement to call an election,
as prescribed. The bill would prescribe related powers and duties of the
regional district, if formed, including requirements applicable to any
assessment levied by the district. The bill would make related
legislative findings and declarations.
The people of the State of California do enact as follows:
SECTION 1. Section 5506.3 is added to the Public Resources Code, to
read:
5506.3. (a) (1) The Legislature hereby finds and declares that the
population of San Diego County continues to grow at an increasing rate,
and already the county is far behind other urban areas in the state in
providing adequate park, recreational, and open-space facilities for its
residents. Formation of a regional district with boundaries coterminous
with those of San Diego County is critical to help address the growing
and unmet park and recreational needs in San Diego County.
(2) Proceedings for the formation of a regional park and open-space
district or a regional open-space district with boundaries coterminous
with those of San Diego County may be initiated by resolution of the
Board of Supervisors of the County of San Diego after a hearing noticed
in accordance with Section 6064 of the Government Code, in lieu of the
petition and proceedings related to the petition specified in this
article.
(b) As used in this section and Sections 5538.3 and 5539.3:
(1) "Regional district" means a district formed pursuant to this
section that contains all of the territory within San Diego County,
including all incorporated cities.
(2) "Capital outlay project" means the acquisition or improvement of
real property, but, for purposes of subdivision (c) includes the
servicing of bonds issued pursuant to Section 5539.3.
(c) The resolution specified in subdivision (a) shall do all of the
following:
(1) Name the proposed regional district and state the reasons for
forming it.
(2) Specify that the Board of Supervisors of the County of San Diego
shall act, ex officio, as the governing body of the regional district.
The provisions of this article pertaining to district directors do not
apply, and all powers and authority of the regional district shall be
vested in the board of supervisors in its capacity as the governing body
of the regional district.
(3) Describe the territory to be included in the regional district.
(4) Describe the methods by which the regional district will be
financed.
(5) (A) Specify that all revenue generated by the regional district,
including the proceeds from the issuance of any bonds, shall be
allocated among all affected public agencies within the territory of the
district, for expenditure consistent with the purposes of this article,
to adequately address the needs specified in subdivision (a) of Section
5539.3.
074
(B) For the purposes of this paragraph, "all affected public
agencies" means the County of San Diego, all incorporated cities within
the county, and any joint powers authority or agency established for the
purpose of acquiring land for park, recreational, open-space, and
conservation purposes.
(6) (A) Call and give notice of an election to be held in the
proposed regional district for the purpose of determining whether the
regional district shall be formed.
(B) Notwithstanding Section 5518, the County Counsel of the County
of San Diego shall prepare the language in the ballot label. The
proposition shall specify the matters set forth in the resolution,
except for subparagraph (A). The analysis and review of the measure
shall be carried out pursuant to Section 3781 of the Elections Code.
(7) State that, in the first 20 years after the date that an
assessment is levied pursuant to Section 5539.3, a minimum of 80 percent
of all proceeds of assessments levied by the regional district shall be
used for capital outlay projects.
(8) Include an expenditure plan consisting of a list of capital
outlay projects, including acquisition areas, and a general description
of proposed outlays for operation and maintenance to be funded, over a
20-year period from the date on which the assessment is first levied,
with proceeds of assessments levied by the regional district.
(9) State the proposed rate and method of apportionment to be used
in levying annual assessments for all categories of property.
(10) Include any other matters determined to be necessary by the
board of supervisors.
(d) (1) The formation of the regional district is not subject to
Section 5517.1 or to the Cortese-Knox Local Government Reorganization
Act of 1985 (Division 3 (commencing with Section 56000) of Title 5 of
the Government Code).
(2) The regional district shall be formed if a majority of voters
voting on the proposition vote in favor of formation of the regional
district.
(e) (1) No proceeds from any bonds issued pursuant to Section 5539.3
shall be expended for operation and maintenance. Bond proceeds may be
expended to pay all costs incidental to the preparation and issuance of
the bonds.
(2) The regional district may use the proceeds from the levy of
assessments for the operation and maintenance of capital outlay
projects.
(f) The San Diego Association of Governments, serving as the
Regional Planning and Growth Management Review Board, should review the
expenditure plan for consistency with the open-space element of the
Regional Growth Management Strategy.
SEC. 2. Section 5538.3 is added to the Public Resources Code, to
read:
075
5538.3. The officers and employees of the County of San Diego may
act, ex officio, as officers and employees of the regional district
formed pursuant to Section 5506.3 and may discharge the authority and
responsibility specified in this article. The County of San Diego may
provide the services and facilities needed to carry out the functions of
the regional district. The proceeds of assessments levied pursuant to
Section 5539.3 may be expended to reimburse the county for the actual
costs of those services and facilities.
SEC. 3. Section 5539.3 is added to the Public Resources Code, to
read:
5539.3. (a) (1) The Legislature hereby finds and declares that the
land acquisition, improvements, and services provided by the regional
district formed pursuant to Section 5506.3 will specifically benefit the
properties assessed and the persons paying the assessments authorized in
this section in at least the following respects:
(A) Enhanced recreational opportunities and expanded access to
recreational facilities for all residents throughout the regional
district.
(B) Improved quality of life for all communities in the regional
district by protecting, restoring, and improving the regional district's
irreplaceable park, wildlife, open-space, and beach lands.
(C) Preservation of canyons, foothills, and mountains and
development of public access to these lands throughout the regional
district.
(D) Protection of the diverse historical, cultural, and
archaeological values of the territory of the regional district.
(E) Increased economic activity and expanded employment
opportunities within the regional district.
(F) Increased property values, resulting from the benefits specified
in this subdivision.
(G) Provision of benefits to all properties within the regional
district, including positive impacts on air and water quality, capacity
of roads, transportation and other public infrastructure systems,
schools, and public utilities.
(2) The Legislature further finds and declares all of the following:
(A) The expansion, restoration, and improvement of park,
recreational, beach, and open-space lands throughout the regional
district benefits all residents in the regional district.
(B) Protection, restoration, and improvement of the lands within the
regional district are vital to the quality of life for all residents in
the regional district.
(C) Increased park and recreational opportunities in the densely
populated and heavily urbanized areas of the regional district are vital
to the health and well-being of all residents in the regional district,
and providing those opportunities is a high priority.
(D) Portions of parcels of land that are in commercial agricultural
use do not benefit from park or open-space lands, facilities, or
services funded pursuant to this section.
(b) In addition to the authority conferred in Section 5539.5, to the
extent not inconsistent with this section, all provisions of the
Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section
22500) of Division 15 of the Streets and Highways Code), are applicable
to the regional district, except as follows:
(1) Article 2 (commencing with Section 22605) of Chapter 2 of Part 2
of Division 15 of the Streets and Highways Code does not apply.
(2) No changes shall be made pursuant to Chapter 3 (commencing with
Section 22620) of Part 2 of Division 15 of the Streets and Highways Code
or Section 5572 of this code with respect to the rate and method of
apportionment of assessments, the use of proceeds of assessments, the
use of proceeds of bonds, and the territory included within the
district, except that the governing body may correct errors in
assessments, rule on appeals of assessments against particular parcels,
and annually adjust the assessments levied against particular parcels of
real property to reflect changes in the uses of those parcels.
(3) No changes shall be made to the rate and method of apportionment
of any assessment approved by the voters and levied pursuant to this
section.
(4) In addition to the items required by Section 22567 of the
Streets and Highways Code, the regional district's annual report shall
include all of the following:
(A) Changes in the total number of parcels assessed and changes in
the number of parcels with respect to use code.
(B) The amount of revenue expected to be received by the regional
district in the next fiscal year.
(C) The proposed allocation of funds for operation and maintenance
for the next fiscal year.
(D) The expenditure of funds in the current fiscal year.
(5) Any notice required pursuant to the Landscaping and Lighting Act
of 1972, Section 54954.6 of the Government Code, or Section 5511 shall
be published pursuant to Section 6064 of the Government Code.
(6) (A) (i) The governing body shall not levy any assessment unless
a proposition authorizing the regional district to levy the assessment
is first approved by a majority of the voters voting on the proposition.
The proposition shall include the matters specified in subdivision (c)
of Section 5506.3, except for paragraph (6). The election held pursuant
to this paragraph shall satisfy the requirement for any election that
may be required under Section 22525.5 of the Streets and Highways Code.
(ii) No additional assessment shall be levied pursuant to this
section, including any assessment for time periods beyond those
specified in paragraphs (7) and (8) of subdivision (c) of Section
5506.3, unless a proposition, including the provisions specified in
paragraphs (5), (8), and (9) of subdivision (c) of Section 5506.3, is
approved by a majority of the voters in the regional district voting on
the proposition.
(B) Notwithstanding Section 5518, the County Counsel of the County
of San Diego shall prepare the language in the ballot label. The
analysis and review of the measure shall be carried out pursuant to
Section 3781 of the Elections Code.
(C) The Board of Supervisors of San Diego County may consolidate a
proposition submitted to the voters pursuant to this paragraph into a
single ballot measure with the proposition whether to form the regional
district submitted pursuant to paragraph (6) of subdivision (c) of
Section 5506.3.
(D) Notwithstanding any other provision of the Landscaping and
Lighting Act of 1972, any assessment proposed pursuant to that act shall
be deemed levied upon approval of a majority of the voters voting on the
proposition.
(7) (A) All proceeds of assess :s levied or bonds issued by the
regional district shall be allocate: in accordance with paragraphs (5)
and (8) of subdivision (c) of Section 5506.3.
(B) Any future expenditure plan shall include a division of funds
between expenditures for capital outlay projects and expenditures for
operation and maintenance, a list of proposed capital outlay projects,
and a description of areas proposed for acquisition. No expenditure plan
shall contain any provision that may impair the payment of debt service
on bonds or other evidence of indebtedness previously issued pursuant to
this section. Any assessment levied pursuant to this section may include
an annual amount to pay the costs of operation and maintenance and may
be collected in annual installments.
(c) Prior to the election required by paragraph (6) of subdivision
(b), the Board of Supervisors of San Diego County may undertake
proceedings on behalf of the proposed regional district in accordance
with Part 2 (commencing with Section 22500) of Division 15 of the
Streets and Highways Code to create an assessment district with the same
boundaries as the proposed regional district. Hearings required pursuant
to Part 2 (commencing with Section 22500) of Division 15 of the Streets
and Highways Code may be consolidated with those required pursuant to
this article. Those proceedings shall be deemed to be the proceedings
required by Part 2 (commencing with Section 22500) of Division 15 of the
Streets and Highways Code.
(d) (1) The governing body shall exempt from assessment any
uninhabited parcel that is substantially used in agriculture and any
parcel enforceably restricted as open-space land during the time that
the parcel is so used or restricted, if the governing body determines
that the parcel will not benefit from the expenditure of the proceeds of
assessments.
(2) For purposes of this subdivision, lands that are enforceably
restricted as open-space lands include, but are not limited to, lands
restricted under contract pursuant to the Williamson Act (Chapter 7
(commencing with Section 51200) of Part 1 of Division 1 of Title 5 of
the Government Code) and lands restricted pursuant to a conservation
easement.
(e) Notwithstanding any other provision in the acts specified in
Section 5539.5 and in subdivision (b), the net amount to be assessed
upon lands within an assessment district may be apportioned by any
formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be
received by each lot or parcel from the improvements.
(f) The regional district shall not levy assessments beyond the last
maturity date of any bonds issued pursuant to Section 5539.3 nor longer
than 30 years from the date on which the assessment is first levied.
(g) The regional district shall not levy an assessment within a city
or within the unincorporated territory of the county if the city or the
county has adopted an ordinance limiting rents, which ordinance applies
to real property other than mobilehome parks, unless one of the
following applies:
(1) Under the ordinance, the owner of the real property is permitted
to increase directly without filing requirements, the rent rate owed by
a tenant under an existing lease in an amount not less than that
tenant's proportional share of one-half of the increased assessment
applied to the real property.
(2) An amount not less than a tenant's proportional share of
one-half of the increased assessment applied to the real property is
added to an annual general adjustment to the rental rate owed by that
tenant.
SEC. 4. The Legislature hereby declares that this measure is
intended to provide an additional mechanism to fund park, open-space,
and recreational projects and programs in San Diego County. This measure
is not intended to affect or otherwise limit the ability of any public
agency to exercise any authority that the public agency may otherwise
have under existing law.
SEC. 5. If any provision of this act or the application thereof is
held invalid, that invalidity shall not affect other provisions or
applications of this act which can be given effect without the invalid
provision or application, and to this end the provisions of this act are
severable.
Approved , 1992
Governor
END OF REPORT
079
09/10/93
City of Carlsbad
Page 1
4953
CA AB 2007 AUTHOR: Alpert
TITLE: Regional park/open-space districts: San Diego Co.
INTRODUCED: 03/05/93
LAST AMEND: 08/26/93
LOCATION: To enrollment
SUMMARY:
Permits proceedings for the formation of a regional park and
open-space district or a regional open-space district in San
Diego County to be initiated by resolution of the county board
of supervisors adopted after a noticed hearing. Specifies the
contents of the resolution, including a requirement to call an
election.
STATUS:
09/03/93 In ASSEMBLY,
amendments.
ASSEMBLY concurred in SENATE
To enrollment.
END OF REPORT
080
CONCURRENCE IN SENATE AMENDMENTS
AB 2007 (Alpert) - As Amended: August 26, 1993
ASSEMBLY VOTE 50-23 ( June 9, 1993 )SENATE VOTE 24-7 ( August 31, 1993
Original Committee Reference: L. GOV.
DIGEST
Existing law authorizes regional park, park and open space, and open space
districts to purchase, hold, and use real property to carry out certain
purposes. Proceedings are initiated by submitting a petition with at least
5,000 signatures to the county board of supervisors, with exceptions for
certain counties.
As passed by the Assembly, this bill establishes procedures for the formation
and operation of a regional park and open space district in San Diego County
which:
1) Authorized the county board of supervisors to initiate formation of
the district by resolution after a noticed public hearing, rather than
by petition. The resolution must contain certain information (eq.,
methods to finance the district, expenditure plan, rate and method of
apportionment).
District formation would be subject to approval by a majority of the 5
voters, and the district would be governed by the board of supervisors.
2) Provided that the district territory Is coterminous with the
county, and district formation would not be-subject to the
Cortese-Knox Local Government Reorganization Act of 1985.
3) Allowed county officers and employees to act as ex-officio officers
and employees of the district. The county may provide services and
facilities, and assessment proceeds may be used to reimburse the
county for actual costs of these services and facilities.
4) Prohibited the district from levying assessments under the
Landscaping and Lighting Act of 1972 unless a majority of the voters
approve an authorizing proposition. The assessed amount may be
apportioned by a formula which fairly distributes it among till lots or
parcels in proportion to the benefits. The district may only make
changes to correct errors in assessments and annually adjust the
assessments to reflect changes in use.
Uninhabited, agricultural, and open space land may be exempt from the
assessment.
.5) Prohibited bond proceeds from being used for any operations or
maintenance, and at least 80% of assessment proceeds must be used for
capital outlay projects. Bond proceeds must be allocated to all
affected agencies in the district and cannot be expended for operation
and maintenance.
6) Allowed the board to consolidate the formation and assessment
propositions.
The county counsel must prepare the ballot language, setting forth
certain matters, as well as the analysis and review in accordance with
Elections Code procedures.
081
The Senate amendments:
1) Specify that the San Diego Association of Governments should review
the expenditure plan for consistency with the regional open space
element.
2) Specify that portions of parcels in commercial agricultural use do
not benefit from the funded park lands, facilities, or services.
3) Clarify definitions, terms, notice, and election procedures.
4) Prohibit the district from levying an assessment in a city or in
unincorporated territory where an ordinance limits rents (other than
for mobilehome parks) unless the owner is permitted by the ordinance
to increase the tenant's rent by 50% of the increased assessment.
FISCAL EFFECT
No known fiscal effect.
COMMENTS
According to The Trust for Public Land, this bill is needed because: a)
population growth is increasing the need for park and open space facilities;
b) facilities are needed to provide youth with positive alternatives to
drugs, gangs, and juvenile delinquency; c) conflicts with endangered species
can be avoided if funds are provided soon to set aside needed habitat areas
and reduce development project construction delays; and d) the Legislature's
ability to help fund park projects has decreased 91% over the past five
years. -•-
Current law sets procedures for creating a regional park district, and
certain counties have provisions which differ from the standard procedures.
Formation by the board of supervisors is allowed in Los Angeles, Marin, Napa,
Riverside, San Bernardino, and Sonoma counties. The respective boards of
supervisors serve as the governing bodies, The Landscaping and Lighting Act
of 1972 is also available to the Los Angeles,-Riverside, and San Bernardino
county districts. Assessments under this Act, as with other assessment acts,
are levied without voter approval. Nevertheless, assessments in these three
districts, as well as the assessment proposed in this bill, must be approved
by a majority of the voters. All notices must be published once a week for
four successive weeks in a newspaper of general circulation.
This bill is patterned after procedures provided for the Los Angeles County
regional park district enacted by SB 659 (Hill) Chapter 823, Statutes of
1991, and for Sacramento County provided under SB 730 (Johnston).
Proposition A, the Los Angeles County Safe Neighborhood Park Act, earmarked
.$540 million for various park projects and was approved by 64% of the county
voters.
Randy Pestor
445-6034
END OF REPORT
July 9, 1993
San Diego
ASSOCIATION OF
GOVERNMENTS
Suite 800. First Interstate Plaza
401 8 Street
San Diego. California 92101
(619)595-5300 Fax (619)595-5305
TO:
FROM:
Regional Open Space Technical Advisory Committee
Ruth Potter
SUBJECT: AB 2007, Proposed Amendments
AB 2007 (Alpert) has passed the Assembly and will be heard in the Senate Local Government
'Committee on July 14, 1993. ." - • ;- \
The Citizens Advisory Committee for Open Space reviewed the bill at its meeting on June 28th.
While the Committee members believed that the legislation could be useful in carrying out the
.Region's Open Space Element, they suggested that changes be made to include SANDAG review
of projects to ensure consistency with the Regional Growth Management Strategy and the Open
Space Element.
The SANDAG Executive Committee, meeting on July 9, 1993, will consider proposed
amendments (see attached Executive Committee report). Members of the TAG should inform
Planning Directors, Parks and Recreation Directors and City Managers (CAO) of the bill
(attached) and the amendments proposed.
083
EXHIBIT 3
MEMBER AGENCIES; Cities of Carlsbad. Cnula Vlsia, Coronado. Del Mar. El Caion, Encinitas. Escondldo. Imperial Beach. La Mesa.
Lemon Grove, Nntionnl City. Ocaanside, Poway. San Olego. San Marcos, Santee. Solana Beach. Vista and County of San Diego.
ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tl|uana/8a|a California.
Item "a" (3)
July 9, 1993
LEGISLATIVE UPDATE:
3. AB 2007 (ALPERT): SAN DIEGO COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT
Introduction
AB 2007 would allow the formation of a regional park and open space district if approved by
a majority of the area's voters. In June, the Executive Committee referred the bill to
SANDAG's Open Space Citizens Advisory Committee.
The Citizens Committee recommends support of the bill as "a tool", and that it be amended to
require consistency with the Open Space Element of the Regional Growth Management Strategy.
Therefore, it is my
RECOMMENDATION
that the Executive Committee, subject to ratification by the Board of Directors, propose
amendments to AB 2007 that would:
• require SANDAG, serving as the Regional Growth Management Review Board, to
determine consistency between the district's plans and the open space element of the
Regional Growth Management Strategy, and reimburse it for its costs;
• limit administrative costs from 1% to 3%, depending on the amount of district revenues
to be derived from the measure.
• authorize agencies such as the San Dieguito River Park JPA to receive project funds under
the act.
ENNETH E. SULZ3
Executive Director
084
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TAXES
New Taxes: Di<
A cool-headed look at the fine print
About 110 million Americans will
file individual tax returns next
spring. On 108 million of them, .r^
taxes will take a smaller bite
than they did this year.
That's right: smaller.
Iiilinitesimally, to be sure, but small-
er nonetheless. That's true despite
what's been decried as the biggest tax
hike in the history of the world—a plan
so bad that every single Republican in
the House and Senate voted against it
not once, but twice; a law so distasteful
~ that many of the Democrats who voted
"aye" made sure everyone knew they
were gagging as ihey did so.
hut take a look at reality. Consider a
couple v\uh $125,000 in taxable in-
come. 1 heir 1992 tax bill was $31,501;
in 1993 the tax on the same income will
be $31,279.'! hat's $222 l<"\s. How about
a single person with $5()7000 of taxable
income? In 1992, she owed $11,212.
"Hie 1993 billoiSl 1,127—$85 less.,.
^ The fact is, more than 98% .of "V .
""aren't affected by the higher income-tax"3
T*rates, which reach.back.to the hist of _^
f the year. Our tax bills,jvj,U go down
'bit, orvtb.e,same.income,*because tax*-
brackets are indexed for inflation. *
Actually, more taxpayers will benefit
from retroactive tax breaks than get
burned by retroactive tax hikes. Benefi-
ciaries include two million self-em-
ployed taxpayers who are due refunds
from the IKS, as well as a coterie of the
much-vilified rich who are being reim-
bursed lor luxury taxes they paid on
jewelry, furs and yachts.
1 he dark side of the new law has
been so overemphasized, says Tom
Ochsenschlager, a certified public ac-
countant and tax attorney, that the vast
majority of taxpayers will be pleasantly
surprised next spring. "Apparently,
they're fully expecting that when
they're sitting at the kitchen table on
April lf>, they're going to have another
$2,000 or $3,000 to pay," says Ochsen-
schlager, of (Irani Thornton's Washing-
Xi '. '. ..V •;-'•;••»•'*•'•.•• '. 'mvfrthatithe:damage
^^^p^^^^a^lyisfer^:^
n
nrTOlEU mi HIPUNGER'S PERSONAL FINANCE MAGAZINE
ton, D.C., of-
fice. "Instead,
they're going to
find they have the usual
refund, or just a little bit to pay."
We're not playing I'ollyanna here.
The new law aims to collect almost $250
billion in new taxes over the next five
years, and you're sure to be nicked.
Also, Congress's latest handiwork adds
some confusion to everyone's life. But
so many axes have been ground on this
issue that the specifics have been lost in
a shower of sparks.
090
PAY UP AT THE PUMP
The one part of the law that hits every-
one—the additional 4.3 cents-a-gallon
gasoline tax—takes effect October I.
There's not a lot you can do about it,
except to cut back on driving and to
buy a car that gets better mileage next
time you're in the market. According to
d You Get Hit?
not be as bad as you've heard, by Kevin McCormally
t . I ' *
•fffi&ttfr'•&!**
; $<*
figures worked up by Congress, the tax
will tost drivers al>out $28 a year, rang-
ing from an average of $18 a year in
Washington, D.C. (hmmmm, the home
ol 'Congress), to $38 a year in Wyoming.
On (lie bright side, even with the in-
crease, gas costs less than it did ten years
>. When Congress okayed the in-
crease in August, for
example, unleaded g-as was be-
ing pumped in Kansas City, Mo., for 84
cents a gallon (the national average was
about $1.11). Here's the national aver-
age price in recent years, according to
the American Automobile Association:
VEAN PRKJI VKAM PR KB
1992 $!.!-» 1985 $1.21
1991 1.11 1983 1.23
1990 1.20 1980 1.25
LASSOING THE AFFLUENT
More than hall of the new income
taxes—$1 \5 billion over five years—will
come from higher levies on six- and
seven-figure incomes. Last year, ihe top
rate was 31%. Now it's as high as 39.6%.
Here are the new rates, which are
retroactive to January I.'ihe income
figures are lor laxahle income—income
alter adjustments, exemptions aruT
cluctions. The rates apply to the
amounts within each income range.
SINGLES
Up 10 $22.100
$'22.100 10 $53,500
S315(lO to $115,000
$115,000 in $250,000
Over $'250,000
MARRIEDS FILING JOINTLY
Up lo $36.900
$36.900 to $89. 150
$H'J. 150 to $1-10,000
$1-10,000 lo $'250,000
Over $250,000
HEADS OF HOUSEHOLD
Up u> $29,600
$29.«H).io $76,400
$76.400 10 $127, 500
$127 .500 to $250,000
Over $250.000
15%
28
31
36 ^
*>•
15%
28
31
36
39.6
15%
28
31
36
39.6
The 39.6% bracket that kicks in at
$250,000 is due to the so-called 10%
millionaire's surtax (no one said you
had to know math to get into Con-
gress). If your taxable income falls IMI-
low $115^011 on a single return or.
I on a |omt return, your rates
won t change at all.
Congress also ratcheted up the rate
for the alternative minimum tax
(AMT)—which kicks in if you do too
good a job of holding down your regu-
lar lax. Last year, the AM T rate was a
Hal 24%. Now it's 2t>% on the first
$175,01)0 of income and 28% on
amounts. Generally, the AMT appli
only to wealthy taxpayers who have
substantial iteini/.eu deduction* or who
exercise incentive stock options.
liven death now carries a higher
price lag for the well-to-do. Congress
NEW TAXES
restored the 53% and 55% estate tax
brackets, which had expired at the be-
ginning of the year. The 53% bracket
starts when an estate's value passes $2.5
million; 55% kicks in at $3 million.
In another strike at the affluent, law-
makers made permanent a couple of
tax hikes that were supposed to disap-
pear within a few years: the rule that
squeezes the tax-saving power of item-
i/.ed deductions when adjusted gross in-
come exceeds $ 108,450 (ACT is income""
Before ycnTsubTract exemptions
ancTdeductions); and the
^phaseout of exemption al-
lowances for yourself and
your dependents, which
starts when AC I hits
$108,450 for singles and
$162,700 for couples. Tak-
"ing away tax breaks has
the same effect as raising
the tax rate.
Starting next year, an-
other tax hike will hit six-fig-
ure incomes. High earners will
pay the medicare tax (1.45% for
employees and 2.9% for self-em-
ployeds) on all of their earnings.
For 1993, the tax stops at
$135,000.
To salve its conscience for am-
bushing top earners retroactively,
Congress decided to let them pay
the extra taxes over three years. If
your bill for 1993 is bigger than it
would have been without the new law,
you should pay one-third of the extra
tax next April 15, the second third in
1995 and the final installment in 1996.
Don't expect any help from the IRS in
figuring how much of this year's tax is
due to the new law. An IRS official told
Ochsenschlager that it's too complicat-
ed to put on a form. (If you're hit by
the AMT, you don't get the interest-free
installment plan option.)
DODGIMG TMB BULUTS. If you're in the
good news/bad news position of earn-
ing enough to be hit by these tax hikes,
tax planning promises to be much
more rewarding than in the past.
you're in the 39.6% bracket. "I here'll
be another run on municipal bonds,"
says Jeff Saccacio, Coopers and I.y-
brand's director lor financial planning
for Southern California. Ray Woi seek,
chief economist for A.G. Edwards, in St.
Louis, doubts that the increased de-
mand will lead to lower yields.
• Medicare Uix tiuuietiver. If you're self-
employed and will make more than
$135,000 this year, consider pulling
some of next year's earnings into 1993.
,«i
I Capital gams^.
the top raie.fo£,long-icrjn.capitaLgain»r
the profits from assets owned more '
year. That means the IRS can
claim just $280 of a $1,000 profit from a
stock sale, 29% less than the $396 it can
grab from $1,000 of interest income.
• Annuities and cash-value insurance. In-
vestments that grow tax-deferred have
added luster as tax rates rise.
• Municipal bonds. Higher rates make
tax-free yields more valuable. A 4.75%
tax-exempt bond is worth as much as a
6.88% taxable yield when you're in the
31 % bracket. But it's worth 7.86% if
That could save you 2.9%, since the
medicare levy stops at $135,000 this
year but is unlimited in the future.
SQUEEZING SENIORS
The tax hike lor social security recipi-
ents isn't effective until next year. For
1993, the same rules apply as belore:
those with "provisional" incomes over
$25,000 (on a single return) or $32,000
(on a joint return) can be taxed on up
to 50% of their benefits. Provisional in-
come is AGI plus any tax-free interest
plus 50% of social security benefits. Un-
der these rules 9.2 million ol 41 million
beneficiaries pay tax on part of their
benefits. Starting next year, convoluted
new rules arrive that can make up to
85% of benefits liable to taxation. - -.,
Note this, though: If your income ,
falb below the $25.000 or the $32,000,
threshold, your benefits remain tax-
free.-^lf you are currently not taxed on
your benefits, nothing is going to
change," says Evelyn Morton, legislative
representative lor the American Associ-
ation of Retired Persons.
And it your provisional income is
less than $34,000 on a single return or
$44,000 on a joint return, no more
than half your benefits can be taxed.
Only when income—including tax-free
interest and 50% (not 85%) of
benefits—exceeds those thresholds can
more than 50% be taxed. 'I hat hits
about 5.4 million beneficiaries. I tie IRS
is supposed to devise a work sheet to
determine what portion ol (heir bene-
fits—up (o 85%—to include in taxable
income. (An early version bad 1C) steps.)
Fortunately, the IRS lias more (ban a
year to devise a simplified work sheet.
DODGING THB BULLETS. Since tax-tree
interest is included in the
formula, shifting to mu-
nicipal bonds will do little
to limit how much of
your benefits fall prey to
the IRS. However, re-
thinking when you re-
ceive income from an
IRA withdrawal, tor ex-
ample, or from a sale of
stock can help. If the
maximum 50% of your
benefits will be taxed
this year, it might make
• sense to take some ex-
tra income belore
year's end—if reducing
next year's income will
reduce the amount of
social security that will
be taxed.
Saccacio ol Coopers
and Lybrand notes that
the change gives higher-in-
come retirees more incentive to move
away from'fixed-income investments,
the interest from which is included in
the social security taxing formula as it is
earned, and toward equities, the appre-
ciation of which doesn't show up until
you sell the stock or fund shares.
LETTING UP ON LUXURY
If you spent a lot at Tillany since the
first of the year, you've probably already
been notified that you have a tax re-
fund coming. The jeweler started send-
ing out the notices as soon .as Congress
repealed the 10% luxury tax on jewelry
costing more than $10,000. Also re-
pealed retroactive to January I: the
10% tax on furs costing over $10,000,
boats over $100,000 and airplanes over
$250,000. II you paid a luxury tax on
any of these items this year, you deserve
your money back. The Nm> York Tinifs
found a New Yorker who has $190.000
coming, the lax he paid on an emerald
and diamond necklace lor his wife.
Whether or not you're contacted by the
retailer, that's whom you should see tor
your refund—not the IRS.
Although Congress couldn't bring it-
self to abolish the 10% tax on tars cost-
ing more than $30,000. the lawmakers
tried to oiler a little leliel by indexing
46 OCTOIEH 1*tl KIPUIVCER'S PERSONAL FINANCE MAOA2INE
NEW TAXES
the nigger price lor inlliition. Uuliinu-
nately, they gooled. 'I lie threshold was
supposed to rise to $32,000 starting Au-
gust 10, but the way the law is written,
(he higher level won'i go into elleci un-
til IK'x( yc;ir. II (loom ess gets around to
fixing (he snafu, lolks who pay the (ax
could get a $200 refund.
REFUNDS FORSELF-EMPLOYEDS
More than two million sell-employed
taxpayers may deserve refunds for tax-
es they overpaid last year. These checks
come courtesy ol (he restoration,
retroactive to July 1. 1992, ol the law al-
lowing self-employed persons to deduct
25% of the cost of their health insur-
ance. If the loss of that provision curbed
your 1992 write-olls, claim the extra
amount now on an amended return.
Another retroactively revived
break—the right of employees to get up
to $5,250 of non-job-relaicd education-
al benefits tax-free—will also put money
in thousands of taxpayers' pockets. If
you reported and paid tax on the value
of such assistance you received dining
the hitler hall of l<><)2, you overpaid
your tax. You miglu not have to lile an
amended return to get your money
back. Congress told the IRS to devise a
simpler method, (.'.heck with your bene-
fits oil ice or local IRS ollice lor details.
GOOD NEWS/BAD NEWS
FOR BUSINESSES
To encourage investments in new ma-
chines and equipment, the law hikes to
$17,500 the value ol such assets that can
be expensed each year. Expensing lets
you write oil the lull value ol new
equipment right away, rather than tak-
ing depreciation deductions over sever-
al years. The old limit was $10,000. The
increase applies starting this year.
Smiting next year, Congress takes
another swipe at expense-account liv-
ing, limiting to 509? the tMillion ol busi-
ness-meal and entertaining costs that
ran IK; deducted. Next yrar will end the
deductions lor < luh dues (80% ol which
can be deductible this year) and the
chance to-write oil costs lor a spouse
who travels with you on business, unless
the spouse is your employee.
DODGING THE BULLETS. I'OI the lest of
this year, you can deduct HO'/i of the
cost of business meals and entertain-
ment. Buying tickets lor events early-
next year (the Super Bowl, peihaps)
and prepaying part ol next year's club
dues can lock in the higher write-oll.
MOVING IN ONMOVING EXPENSES
The law takes a big bite out of moving-
expense deductions. But it also opens IQ!
NEW TAXES
he door lo those who do not itemize
deductions to claim these write-olls.
Starting next year, you'll no longer
be able to deduct the following: the cost
6fpre-rnove househunting trips, costs '
••associated with selling your old home I
and buying a new one. icmpoiaiy liv-
ug expense's at (he new location and
he COM ol any meaN asstx iatc-cl with the
nove. Basically/the deduction will be
limited to the cosuof getting yourself,
your family and your household goods
to the new location.
As alwavs. the move must be con-
lected with taking a job or stalling a
business at a new location. *1 hrough the
end of this year, the new job has to be at
least 35 miles farther from your old
home than your old job was. Stalling in
1991. it has to be at least 50 miles.
If your employer pa\s for the move,
vou'll no longer have to count the leim-
nursement as income and then deduct
expenses to ollsel it: You can just ignore
the whole tiling on vour tax forms. But
il your emplover nays expenses that are
no longer deductible—most will, says
'loin I'eillcT, exec utixr \ice-picsiclenl ol
Ruiir.heimcr. a business consulting
lii in—the extra amount will be consid-
ered taxable income.
- Beginning in 1994, the moving-ex-
pense write-oirbecomes an adjustment
to income, meaning it's available
whether or not von ilcmi/.e cleclnc tions.
'I hat could be- a leal help for students
moving to lake their first jobs.
CRACKING DOWN ON
RETIREMENT PLANS
The law limits how mm h compensation
can be taken into account when figur-
ing an employ IT'S retirement benelils.
and stalling next year the ceiling comes
down from S'J'.tf.SM) to $150.000. l-ted
Rumack of Buck Consultants, a firm
that helps companies devise employee
lienc'lit plans, suggests that the cap
could trickle down to lestiirt benefits
lor anyone making mote than $o.r>,000.
MUCH, MUCH MORE
"1 he new law is packed with other pio-
visions thai may ailed you and jour tax
planning, most ol them ellective next
year. Among the items we'll co\er in lii-
ture issues are relief from the passive-
loss rules for certain real estate iu-
"vcstors, a longer depreciation period
"lor nonresidential real estate, a special'
, capital-gains bieak Ibr investing in risky
small businesses, changes in the estimat-
ed tax rules, tougher substantiation
rules for chaiitahle-contiibution deduc-
tions and an inc.tease to 'JS'.T in the
amount that will be withheld lioni
bonuses. (D
i RESEARCH REPORTER: KATIE YOUNG