HomeMy WebLinkAbout1995-02-01 - AGENDAS - SPECIAL (2)CITY OF SANTA CLARITA
CITY COUNCIL SPECIAL MEETING
LEGISLATIVE COMMITTEE MEETING
Wednesday, February 1, 1995
4:00 p.m.
Main Conference Room
23920 Valencia Blvd., 3rd Floor
Santa Clarita, Ca. 91355
.1 y
CALL TO ORDER
ROLL CALL
FLAG SALUTE
Item 1 LEGISLATIVE ISSUES - This item is on the agenda with the intent to
discuss and to become more proactive in communicating with the legislators
regarding the City's views on several legislative bills (descriptions attached).
RECOMMENDED ACTION: Discuss, provide direction to staff, and/or refer
to the full City Council.
PUBLIC PARTICIPATION
ADJOURNMENT
NOTE: LEGISLATIVE COMMITTEE CONSISTS OF MAYOR DARCY AND MAYOR
PRO -TEM BOYER.
cnclagdlegib1.95
CITY OF SANTA CLARITA FEDERAL LEGISLATIVE ISSUES
1. Taking Back Our Streets Act (Crime Bill)
As part of the Republican Contract With America, revisiting last year's crime bill will be
an early focus of the new Congress. Provisions of this year's legislation include $10.5
billion for state prison construction, $10 billion for local law enforcement and
mandatory minimum sentences for use of firearms during commission of crimes.
At the municipal level, a more flexible COPS program might enable Santa Clarita to
participate in receipt of that program's funds. Current law provides federal funding for
only three years at $25,000 per year per officer requiring a substantial local
commitment for participation in the program. In California, the local share is
approximately $50,000 per officer per year. Santa Clarita is also concerned that
prevention programs may be substantially reduced or eliminated.
Santa Clarita will seek to provide local perspective to our federal legislators regarding
the impacts of the crime bill proposals on local efforts and possibly suggest
amendments.
2. Unfunded Mandates
This issue is already a focal point of federal legislation, S.1 and H.R. 5. Under the
legislation, as of October 1, 1995, Congressional rules would prohibit consideration of
any measure unless the Congressional Budget Office (CBO) analyzes the mandates in
terms of direct costs and benefits to state and local governments and/or determines
that the aggregate annual cost to state and local governments exceeds $50 million
annually.
If direct costs exceed the $50 million aggregate threshold, Congress must create a
mechanism to fund the mandate.
The City of Santa Clarita currently must address several unfunded mandates including
the National Pollution Discharge Elimination System ($2 Million, paid for through a $24
fee per equivalent dwelling unit), Americans With Disabilities Act requirements for
ramping at all intersections (approx $4,000 per average intersection) and federal
transit requirements (approximately 15% of Santa Clarita's transit budget).
City will work with federal representatives to obtain relief, particularly Congressman
McKeon who has served as the co-chair of the Task Force on Federal Mandates.
3. Elsmere Legislation
City will continue to work with Congressman McKeon in seeking passage of legislation
to prohibit the construction of Elsmere Canyon landfill. Language of the legislation is
still under development. The language of the bill will be dictated in part by the
Federal Legislative Issues
Page Two
administrative process as handled through the environmental review process which
begins this week with releaso of the joint Environmental Impact
Statement/Environmental Impact Report.
4. Telecommunications
The 1994 version of this legislation failed to win passage but the issue of telephone
companies entering the cable market without a franchise is likely to return for
consideration in 1995. At issue is whether telephone companies can enter the cable
market without a franchise agreement with local governments. Local governments
have historically been able to execute franchise agreements with cable companies to
use the public right-of-way. Santa Clarita currently receives $725,000 annually in
cable franchise fees. Legislation could relieve both new and existing
telecommunication or video providers of any responsibility to compensate local
governments for use of the public right-of-way.
The City will work with our federal representatives, the League of California Cities and
National League of Cities to ensure that local government interests are appropriately
protected.
MPM.fedleg95.195
01/10/95
CITY OF SANTA CLARITA STATE LEGISLATIVE ISSUES
1. State Budget/Protection of Local Revenues
Each year during the past five years, the state has shifted monies from local
governments in an effort to balance the state budget. While it appears that the state
forecasts significant economic recovery activity for 1995, Santa Clarita will closely
monitor the state budget process and ensure that our four local legislators know the
impact of various state budget proposals on the City.
The City will support and actively assist efforts of the League of California Cities,
California Contract Cities Association and Independent Cities Association to ensure
that municipal government revenues are not disproportionately reduced in the state
budget balancing act.
2. Continuing Local Emergency/Local Declaration
State law (Government Code Section 8630) requires local governing bodies to review,
at least every 14 days, the need for continuing a local emergency. In practice, this
requirement can be quite cumbersome in requiring a City Council to meet in
extraordinary sessions to continue the emergency.
In the case of the 1994 Northridge earthquake, while the City declared a local state of
emergency to begin the state and federal assistance process, many of the funding
reimbursements are predicated on federal action in terms of the length of the incident
period. To ensure maximum reimbursement eligibility, the Santa Clarita City Council
maintained the local emergency declaration concurrent with Federal Emergency
Management Agency actions.
It appears appropriate to change state law in a manner which gives local governments
flexibility in the emergency continuation process. Options include allowing the
declarations to be changed from the 14 day cycle to the next regular meeting date of
the governing body, every 30 days, or an open ended declaration to be terminated at
the end of the emergency period. At the state level, the governor declares the
emergency and then terminates it at an appropriate time without interim renewals as
required of local governments.
The City may seek to sponsor legislation based on Santa Clarita's experience to
provide local governments more flexibility during emergency periods.
3. Car Lease Sales Tax
Sales tax is collected on both purchases and leases of motor vehicles. One percent
of the sales tax on automobile purchases is returned to jurisdiction in which the
dealership is located. This represents approximately $2.5 million for Santa Clarita.
State Legislative Issues
Page Two
Sales tax collected on lease transactions is retumed to the jurisdiction in which the
leasing company office is located. Therefore, almost every lease transaction
completed at the Santa Clarita ,auto Center results in sales tax leakage from the
community. It is estimated that approximately 25% of all automobile dealer
transactions are leases. This figure is anticipated to reach the 50% mark by the year
2000. It is estimated that the City of Santa Clarita is losing between $500,000 and
$1,000,000 annually in lease vehicle sales tax.
Several cities have joined together to consider sponsoring legislation which would
direct the sales tax to the point of lease transaction jurisdiction. Santa Clarita will
work with the sponsoring cities to facilitate passage of the measure.
4. Graffiti
During the past few years, several bills have been introduced to make parents more
accountable for graffiti and vandalism crimes perpetrated by their minor children.
Previous efforts have included fines, community service or other sentencing
requirements which mandate parent participation. Some legal experts have concluded
that these approaches, in essence, pass sentence on the parents for crimes which
they did not directly commit. Criminal justice experts are seeking to find mechanisms
which hold parents more accountable for their children's graffiti and vandalism crimes,
but which also meet legal sentencing laws.
The Anti -Gang Task Force has been supportive of such efforts in the past and will
likely advocate City Council support for 1995 legislation as the City Council has
previously supported legislation which seeks to aggressively tackle the graffiti problem.
The City will continue to actively support legislation in this subject area with the
assistance of community organizations.
S. Castaic Lake Water Agency Legislation Relative to the Santa Clarita
Community Recovery Agency
On January 3, 1995, the CLWA Board of Directors authorized CLWA General
Manager Bob Sagehom to seek legislation pertaining to CLWA's relationship with
the Santa Clarita Community Recovery Agency (CRA). The key components of the
bill include: 1) Taxes for the State Water Project would not be part of the tax
increment, 2) Growth of the tax increment would be restricted to 5%, and 3) 50% of
the revenue loss to CLWA could be returned to CLWA, notwithstanding provisions of
1993 AB 1290.
State Legislative Issues
Page Three
While some discussion of these legislative concepts has taken place between the City
and CLWA during the failed implemen•atiori phase of the conceptual recommendations
agreed to by both parties in November, the City has not expressed concurrence with
the proposal. The CLWA action is designed in part to meet the legislative bill drafting
deadline submission date of January 20, 1995.
The City Council will need to take a position on the legislation and will direct
appropriate response action.
6. Castaic Lake Water Agency Legislation to Gain the Powers and Authority of a
County Water District
This is a resurrection of AB 2094 which was defeated by the Legislature in 1994. At
issue is whether or not CLWA shall receive among other authority, the ability to sell
water at retail. AB 2094 contained a number of provisions of concern to the City
including restrictions on the City's historical right of eminent domain, elimination of the
franchise fee revenues presently paid by privately owned water companies, and local
water management checks and balances.
While the 1995 language has not been finalized, this
to ensure that community interusts are appropriately
will need to take a position on the new version of the
response actions.
7. Local Authority VreampJ jai
bill will be monitored by the City
represented. The City Council
legislation and direct appropriate
The City, in conjunction with statewide organizations such as the League of California
Cities, California Contract Cities Association and Independent Cities Association will
continue to monitor legislation which preempts or otherwise restricts local municipal
authority.
Local action in the form of seeking amendments or defeat of such legislation will be
determined as such legislation is introduced or amended to include municipal
preemptions or restrictions.
MPM.stateleg.195
01/10/95
CASTAIC
DWACT0e9
E. G. "Jerry" Glodboch
W J Mar»no
Jonas L. Gates
Donald R. Froelich
Dean D. Efstolhiou
Wtlllom Cooper
Richard Green
robed J. DPrimio
Donald Hayes
Mdxyd Bal�cerzdc
Randall Pfiester
January 24, 1995
LAKE WATER
A Public Agency Established 1902
32700 N. Lake
P.O. Box
Castaic, CA
(805) 257-6024 Fa
x
TO: CLWA BOARD OF DIRECTORS
FROM: Robert C. Sagehorn
.General Manager
fr .0 6
GE4-, 7
Hughes Rd.
368
91310
(805) 257-6146
efeglAr MAMAOl9
iobert C Sogerorn
AfY0aw9Y
robed H Ckri
Attached this memo in recommended bill language for four (4) proposed actions
to amend State law to facilitate Agency operations. One of the bills will
facilitate CLWA operating as a retail water purveyor and three of the bills
relate to the redevelopment agency issue.
The proposed legislation is marked on the top of each as "Bill A", •Dill B",
"Bill C", and "Bill D". The underlined portion of each is language proposed
to be added to existing law. The text that is not underlined is language of
existing law. Each is generally described as follows:
`1111 A"
iU ia�cPailTaCtMti(tTir�-IC�iQT
This bill will grant County Water District authority to the CLWA to facilitate
possible purchase of the Santa Clarita Water Company by CLWA.
x•1111 P•
This bill will make a permissive "pass through" of redevelopment tax increment
associated with State Water Project specific taxes legal for all 29 State
Water Contractors. This bill in concept was supported by resolution the State
Water Contractors Inc. on January 19, 1995.
This bill will permit an extension of the map filing deadline date of the
State Board of Equalization for a period not to exceed 90 days for
redevelopment plans adopted in response to state of emergencies.
ti -mill D•
This bill will make a permissive "pass through" of redevelopment tax increment
associated with all taxes (lt tax, 1978 voter approved, and State Water
Project) of the Castaic Lake Water Agency legal.
Your approval to seek an author and introduce the contents of each bill is
recommended.
1 11 The people of the State of California do tnact as follows:
2 SECTION 1. Section 15.1 otthe Castaic Lake Water Agency Law is
311 amended to read:
411 Sec. 15.1. In addition to the other powers set forth in this act, and
1• \.111 1. 1• / . 1•. •11 1./ ••1
(a) Acquire water and water rights, including, but not limited to,
7„ ter water from the State of California under the State Waw Resources Development
=1 System.
(b) Develop, store, treat, distribute, and reclaim the water.
(c) Provide, sell, and deliver water at L7>tan or wholesale for
1111 municipal, Industrial, domestic, and other purposes.
r` -.I ! ' 1�11. :/ 1 •1 � • / 1.1.1.1 1 .
•146 10 W-1111-11.1 it I -it • 1 •1. /.H 11. 1 -
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1 Poaaibfe amendmentlanouaoa to Health and Safety Code, section 33607.5:
2 (f)(1) The Legislature finds and declares both of the following:
3 (A) The payments made pursuant to this section are necessary in order tc
4 alleviate the financial burden and detriment that affected taxing entitles may incur m
b a result of the adoption of a redevelopment plan, and payments made pursuant to this
section w#i benefit redevelopment project areas.
(B) The payments made pursuant to this section are the exclusive payments
that are required to be made by a, redevelopment agency to affected taxing entities
during the term of a redevelopment plan, except that taxes levied to make payments
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1511 (2) Notwithstanding any other provision of law, a redevelopment agency shall
16 not be required, either directly or indirectly, as a measure to mitigate a significant
17 environmental effect or as part of any settlement agreement or Judgment brought in
18 any action to contest the validity of a redevelopment plan pursuant to Section 33501,
19 to make any other payments to affected taxing entities except for payments allocated
0
21 11nayllisamant System,or to pay for public facilities that will be owned or leased to an
22 affected taxing entity.
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I Tha oam of 1m Stats of California de enact as follows:
SECTION 1. Section 54902 of the Government Cede Is wnwWed to read:
See. 54902. On or before January 1 at of the year In which the assessments of
4 11 taxes are to be levied, the statement and the map or plat shad be filed with each
511 assessor whose roll is used for the levy and with the State Board of Equalization in
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The of the State of California.. enact as follows:
SECTION 1. Section 34015 is added to the Health and Safety Code to read:
34016. NobAdthmiandino any• .•1 of y.,. 1 33607.5. for a
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