HomeMy WebLinkAboutAGENDA REPORT 1992 0506 CC REG ITEM 08RITEM 8• MOORPARK anon"
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
M E M O R A N D U M
`OORPARK, CAUFO? 1 -.1N
City Coun I Mee ling
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,,,CTION:
TO: Honorable City Council
FROM: Mary K. Lindley, Assistant to the City Manage)
DATE: April 30, 1992 (May 6 City Council Meeting)
SUBJECT: Consider Position on
39 and SB 1977, Taxes
Workers Compensation
Summary
Proposed State Legislation ACA
and Assessments; and AB 3251,
There are several State bills currently under consideration by the
Legislature that will impact city governments. ACA 39 (O'Connell)
and SB 1977 (Bergeson) require 60 -day Public Notice before adopting
a new or increased general tax or assessment and AB 3251 (Frazee)
is an attempt to sort out the legal stalemate regarding workers
compensation. Staff is recommending that Council oppose ACA 39 and
SB 1977 and support AB 3251.
Background
ACA 30 (O'Connell) and SB 1977 (Bergeson) are sponsored by the
California Association of Realtors. ACA 39 would place into the
California Constitution, and SB 1977 would place into the "Brown
Act" statutes, new requirements for enacting any new or increased
taxes and assessments. Both measures would require the legislative
body of any city, county, or special district to provide lengthy
and costly public notices and to conduct at least two public
hearings before adopting any new or increased general tax or
assessments. The League of California Cities is urging
jurisdictions to oppose both measures.
AB 3251 (Frazee) is sponsored by the League of California Cities in
response to AB 1576, passed last year, which has been interpreted
by the Department of Industrial Relations to create a new legal
obligation on the part of local governments that utilize a record
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
Proposed State Legislation
April 30, 1992
Page 2
keeping mechanism for business listings and /or charge a fee for
business licensing or registration. Under its interpretation, the
Department believes that when a business pays for its business
license tax, cities are required to validate that the business has
proper workers' compensation coverage under the provisions of AB
1576.
It appears that a number of city attorneys who have reviewed the
provisions of AB 1576 are of the opinion that the language is so
vague that no obligation is created whatsoever and are advising
their cities accordingly. AB 3251 is an attempt to sort out this
legal stalemate by eliminating any real or implied liability on the
part of local government under the provisions of AB 1576, but still
provided information for those agencies which have the obligation
under current law to enforce the requirements for workers
compensation coverage. The effective date for this bill is January
1, 1994, to allow adequate time for proper implementation.
Recommendation
Staff recommends that Council oppose ACA 39 (O'Connell) and SB 1977
(Bergeson) and support AB 3251 (Frazee) and authorize the Mayor to
written letters to the appropriate legislators expressing the
City's position.