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Home My WebLink AboutAGENDA REPORT 1991 0206 CC REG ITEM 08NPAUL W. LAWRASON JR. Mayor BERNARDO M. PEREZ Mayor Pro Tern SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk TO: FROM: DATE: SUBJECT: Svc / MOORPARK ITEM B N. MOORPARK, CAUFORMA City C MOO&V of qqL M E M O R A N D U M STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer The Honorable City Council Susan Cauldwel@kssistant to the City Manager January 31, 1991 Support of SB169 (Repeal of SB2557) Senator Dan Boatwright has introduced SB169 (provided under separate cover) which repeals portions of SB2557 (Maddy) that permit counties to charge cities for booking prisoners and for property tax administration. The League of California Cities, the bill's sponsor, is requesting letters of support for- SB169. In addition to repealing SB2557, SB169 also provides revenue to counties to replace the revenue that would be generated from booking fees and property tax administration fees. This revenue is provided by permanently freezing the vehicle license fee (VLF) for one year and allocating the extra revenue to counties. At this point in time, the bill's chances in Sacramento are in doubt. As you may be aware, Governor Wilson has identified the VLF in his plans to deal with the state budget deficit (projected to be $7 billion at the end of FY91/92). It is therefore unlikely that the Governor will be supportive of SB169. In spite of this, it is important for cities to unite behind SB169 to send a clear message to the Governor and to stake out a position in preparation for future discussions on this subject with the Administration. Staff Recommendation Authorize the Mayor to sign a letter in support of SB169. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 PAUL W. LAWRASON JR. Mayor BERNARDO M.PEREZ Mayor Pro Tem SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk TO: FROM: DATE: SUBJECT: MOORPARK MOORPARK, CAUFORNIA City COUncii Meeting of 994 ACTION: M E M O R A N D U M The Honorable City Council Susan Cauldwel T�ssistant to the City Manager February 5, 1991 Additional Material for Agenda Item 8.N. February 6, 1991 Meeting STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer The City recently received a copy of Assemblyman Tom McClintock's AB132 (attached) which repeals booking fees and property tax administration fees enacted pursuant to last year's SB2557. This bill differs from SB169 (Boatwright) because it does not permanently freeze vehicle license fees. As with SB169, it is important for cities to remain united in their opposition to SB2557 and to send a clear message to legislators that cities will continue to resist paying booking and property tax administration fees. Staff Recommendation Authorize the Mayor to sign a letter in support of AB132. attachment 799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864 PAGE 1 Display 1991 -1992 Bill Text - INFORMATION BILL NUMBER: AB 132 BILL TEXT INTRODUCED BY Assembly Member McClintock DECEMBER 7, 1990 An act to amend Sections 77200 and 77201 of, and to repeal Article 12 (commencing with Section 29950) of Chapter 2 of Division 3 of Title 3 of, the Government Code, to amend Section 97 of, to repeal Section 97.43 of, and to repeal Chapter 1.5 (commencing with Section 72$4) of Part 1.7 of Division 2 of, the Revenue and Taxation Code, relating to local government finance, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 132, as introduced, McClintock. Local governments financing. (1) Existing law authorizes counties to impose fees upon other local agencies or colleges or universities for county costs incurred in processing or booking persons arrested by employees of other local agencies or colleges or universities and brought to county facilities for booking or detention. This bill would repeal this authorization. (2) Under provisions of the Brown - Presley Trial Court Funding Act, effective until January 1, 1991, block grants of $53,000 per judicial officer per fiscal quarter are available to option counties for trial court funding. These sums are adjusted each fiscal year by a percentage equal to the average percentage salary increase for the previous fiscal year for state employees. Under provisions of that act which are effective January 1, 1991, the base trial court funding block grant is reduced to $44,944 per judicial officer per fiscal quarter for the 1990 -91 fiscal year, subject to revision of that amount for the 1991 -92 fiscal year and fiscal years thereafter. The provisions also authorize a county to reduce total expenditures by a specified amount for court operations in any year that the block grants are reduced. This bill would repeal the provisions which are effective on January 1, 1991, and reenact the provisions which are effective prior to that date. (3) Existing law provides for the allocation in each fiscal year of property tax revenues to local jurisdictions, and generally provides that each jurisdiction shall be allocated an amount equal to the amount of property tax revenue allocated to that jurisdiction in the prior fiscal year, as modified. Existing law requires, however, for purposes of property tax revenue allocations for the 1990 -91 fiscal year, that the amount of property tax revenue deemed received by a county in the prior fiscal year shall be Display 19911992 Bill Text - INFORMATION BILL NUMBER: AB 132 BILL TEXT increased by property tax administrative costs attributable to incorporated cities within that county, as determined by the County auditor according to specified procedures, and authorizes, as specified, the county auditor to determine property tax administrative costs proportionately attributable to local jurisdictions other than the county or city and county, and cities, and submit invoices to the relevant jurisdictions for those costs. This bill would repeal these 1990 -91 fiscal year provisions. (9) Under existing property tax law, the auditor in each county with qualifying cities, as defined, is required to make property tax revenue allocations to those cities in accordance with a specified tax equity allocation formula and to make corresponding reductions in the county's property tax revenue allocation. Qualifying cities include generally those cities which existed but did not levy a property tax in the 1977 -78 fiscal year and those cities which incorporated prior to June 5, 1987, and had a property tax allocation for the 1987 -88 fiscal year which is less than an amount which would have been received by applying a specified tax -rate to its 1987 -88 assessed value. Existing law prohibits, notwithstanding existing property tax revenue allocation provisions, a qualifying city from receiving in the 1990 -91 fiscal year a property tax revenue allocation which is greater than 90% of the allocation received by that city in the 198990 fiscal year. This bill would repeal this prohibition. (5) Existing law authorizes the board of supervisors of any county to impose, subject to applicable voter approval requirements, taxes on business, and utility user taxes on specified services. This bill would repeal this authorization. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State - mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION I. Article 12 (commencing with Section 29550) of Chapter 2 of Division 3 of Title 3 of the Government Code is repealed. PAGE 3 Display 1991 -1992 Bill Text - INFORMATION BILL NUMBER: AB 132 HILL TEXT SEC. 2. Section 77200 of the Government Code is amended to read: 77200. (a) Except as provided in subdivisions (b) and (c) with respect to newly created judgeships, the Controller shall transmit to each option county quarterly payments on the block grant owing to that county based upon the number of judges, court commissioners, and referees in the-county.. as determined pursuant to Section 77202, multiplied each quarter by the €ellewiRg ameunts+ f4+ Per the 4998 -94 €4seal yeaNT the sum of forty-four thousand nine hundred €erty -feuE dollars {$447944 }v f2� For the 4991 -92 fisea4 year and eaeh €lseal year therea €tes7 the sum of fifty theueand five hundred sixty -twe dellare f$59TS6a� fifty -three thousand dollars 053,000) , as adjusted pursuant to Section 77201. (b) With respect to judgeships authorized by Chapter 1211 of the Statutes of 1987,' for any new judgeship in excess of 10 new judgeships fog a particular option county, if the county's average quarterly appropriation for court operations for the 1987 -88 fiscal year, as determined by the Controller, divided by the number of judges, referees, and court commissioners determined pursuant to Section 77202 for that year (the base year quarterly cost per judge), exceeds the applicable sum specified in subdivision (a) as adjusted pursuant to Section 77201 (the base year quarterly block grant), instead of the quarterly multiplier determined pursuant to subdivision (a), the quarterly multiplier for each such new judgeship shall be: (1) For the first -four quarters following the creation of that judgeship, the base year quarterly cost per judge. (2) For the second four quarters thereafter, the applicable sum specified in subdivision (a) as adjusted pursuant to Section 77201 (the standard current quarterly block grant), plus 75 percent of the difference between the base year quarterly cost per judge and the base year quarterly block grant. (3) For the third four quarters thereafter, the standard current quarterly block grant, plus 50 percent of the difference between the base year quarterly cost per judge and the base year quarterly block grant. (4) For the fourth four quarters thereafter, the standard current quarterly block grant, plus 25 percent of the difference between the base year quarterly cost per judge and the base year quarterly block grant. For purposes of this subdivision, a judgeship created upon the adoption of a resolution by the board of supervisors shall be deemed to be created in the quarter in which the resolution is adopted. (c) With respect to judgeships authorized by statutes which take effect on or after January 1, 1990, if the county's average quarterly appropriation for court operations for the fiscal year preceding the effective date of that statute, as determined by the Controller, reduced by the average quarterly amount of funds, if any, received during that fiscal year pursuant to Section 77207, divided by the number of judges, referees, and court commissioners determined pursuant to Section 77202 for that year (the base year quarterly cost per judge), exceeds the quarterly multiplier for the fiscal year in which the statute takes effect (the comparison year quarterly block grant), instead of the quarterly multiplier determined pursuant to subdivision (a), the quarterly multiplier for each such new judgeship shall be: (1) For the first fiscal year following the effective date of the statute PAGE 4 Display 1991 -1992 Bill Text - INFORMATION BILL NUMBER: AB 132 BILL TEXT authorizing that judgeship, the base year quarterly cost per judge. (2) For the second fiscal year thereafter, the applicable sum specified in subdivision (a) for each quarter of the current fiscal year as adjusted pursuant to Section 77201 (the standard current quarterly -block grant), plus 75 percent of the difference between the base year quarterly cost per judge and the comparison year quarterly block grant. (3) For the third fiscal year thereafter, the standard current quarterly block grant, plus 50 percent of the difference between the base year quarterly cost per judge and the comparison year quarterly block grant. (4) For the fourth fiscal year thereafter, the standard current quarterly block grant, plus 25 percent of the difference between between the base year quarterly cost per judge and the comparison year quarterly block grant. (d) IR any year In whieh the Meek grants provided pursuant to subdivision fa} are redueed, a eeunty may veduee tetal expeRditu 'res ter eeurt epesatiene by as ameuat up to but xet exeeed €rig the total dellav amount et the EeduetieR to the eeuxty In state Meek grant €undingw fe} Quarterly payments shall be transmitted by the Controller on or before the 15th day of that quarter, except that payments for the quarter beginning January 1, 1989, shall be made no latex than February 15, 1989. SEC. 3. Section 77201 of the Government Code is amended to read: 77201. fa} Exeegt as Provided iR subdivision fb }r tke The sum set forth in subdivision (a) of Section 77200 shall be adjusted each fiscal year by a percentage equal to the average percentage salary increase for the previous fiscal year for California state employees, as determined pursuant to Section 68203, beginning with an adjustment for the 1989 -90 fiscal year based on the 1988 -89 state employees' average percentage salary increase. +b+ There shall be Re suer adjustment for the 1998 -91 €lseal yeA*V SEC. 4. Section 97 of the Revenue and Taxation Code is amended to read: 97. Except as otherwise provided in Sections 97.3, 97.32, 97.35, 97.37, and 97.38 for the 1980 -81 fiscal year and each fiscal year thereafter, property tax revenues shall be apportioned to each jurisdiction pursuant to this section and Section 97.5 by the county auditor, subject to allocation and payment of funds as provided for in subdivision (b) of Section 33670 of the Health and Safety Code, to each jurisdiction in the following manner: (a) Except as provided in subdivision (b), for each tax rate area, each Jurisdiction shall be allocated an amount of property tax revenue equal to the amount of property tax revenue allocated pursuant to this chapter to each jurisdiction in the prior fiscal year, modified by any adjustments required by Section 99 or 99.4. (b) For each tax rate area, each special district shall be allocated an amount of property tax revenue equal to the amount of property tax revenue which would have been allocated pursuant to this chapter to such district in the prior fiscal year if no adjustment had been made pursuant to Section 98.6. This amount shall then be adjusted for the current year pursuant to Section 98.6. (c) The difference between the total amount of property tax revenue and the amounts allocated pursuant to subdivision (a) shall be allocated pursuant to Section 98, and shall be known as the "annual tax increment." rAk3r: :3 Display 1991 -1992 Bill Text - INFORMATION HILL NUMBERt AB 132 BILL TEXT (d) For purposes of this section, the amount of property tax revenue referred to in subdivision (a) shall not include amounts generated by the increased assessments under Chapter 3.5 (commencing with Section 75). fe} fly Notwithstanding aRy ether previsleR at lawn for the 3996 -91 €issal year* €er the purposes at the eemputat €ens required by this sestienT the amount at property tax presumed to have been reeeived by the eeuRty iR the prier year shall be inereased by the ameunt at 1969 -90 property tax administrative eests prepootienately attributable to iaeerperated a }ties as determined Pursuant to paragraph f2 }t f2} The auditer shall determine the 1989 -90 €ieeal year property tax administrative eests propertienately attrIbutable_te lneerperated eities by adding the 1989 -98 €iseal year property tax - related eests of the asseSSGET tax eelleeterT and audlteET iRelad!Rg applicable administrative overhead Beets as permitted by federal Gireular A -87 standardsT and multiplying the sum at these ameuRts by the ratio. of property tax revenue reee €ved by all iAeerperated cities divided by the total property tax revenue ter all leeal #urisdietiens is 'she equaty far that €iseal year* f3} The eeuRty shall use the add €tieRal revenue reeeived pursuant to this sebdivisieR only to fund the aetual orals e€ assessingT eelleetingr and alleeating property taxesz At least epee eaeh fiscal yeas* the eeuaty axditer shall repent the amount at these actual eests and allowable overhead Bests to the legislative body and any ether jurisdtetieR OF person that request the in €ormatiemw 19e the exteRt that actual essts for assessiag7 eellest}Rgr and alleeatiA9 property taxes plus allewable everhead eests are less than the amount determined pursuant to paragraph f2�T the eeuRty auditer shall apportion the di € €erenee to each 1Resrperated elty as otherwise required by this seetlex. f4} The sounty may retain up to one-half of any iRereaaed property tax alleeatiex to whieh a jurisdietion may be otherwise eRtitledr until the esuRty reeelves its additional revenues pursuant to this sestiear f6} It is -the intent of the Legislature iR eRaetixg this subdivision to reeegRise that sinee the adeptien at Aetiele X111 A at the Cali €ernia GeRstitutieR by the vetersT seuRty governments have borne an unfair and disprepertieRate part at the €inaneial burden of assessiAgr eelleetiRgT and allesating property tax revenues far eities, it is iurther the intent at the Legislature that the adjustments provided ter by this ambdivisieR shall seRet4tute charges by a eeeRty €er the assessmeaU7 eellestieRT and alleeatten e€ property taxes and snail net exeeed the aetuai eeets reasenably berme by a eeaxty ter these aetivitiegT f €} The auditer may determine the 1989 -98 €iseal year property tar administrative seats prepertleRately attributable to leeal jusisdietlens ether than the eeunty er eity and eeuRtyT &Rol eitieeT by adding the property tax - related eests at the asseeserT tax eelleeterT and aAd"GNT ineludiRg applieable administrative everhead eests as permitted by federal Gireular A -87 staxdardsT and PAGE 6 Display 1991 --1992 Bill Text - INFORMATION SILL NUMBERS AB 132 BILL TEXT �altiplyiRg the sum of these ameuRts by the ratio of prepeEty tax veveRse meeeived by #ariedietions ether than the SOURtyT eity and eeaatyT and eit €es divided by the total property tax reee+ved by t1l lesal 4arisdietieRs in the eeaRty €es tkat € €sea€ yeast NetwikkstandiRQ aR.y ethOV previsieR of €awT this ameunt may be ealealated €eye eaeh €iseal year eeeneiRg with the 1989 -98 € }seal yearT and the aaditev mayT eemmeRsing iR €iseal year 1999 -91T submit an #Rvelee to these jurisdietieRS ter serviees Eexdered in the prier €+seal year, SEC. 5. Section 97.43 of the Revenue and Taxation Code is repealed. 97T43-r Netw +tkstanding any etlhef pPevisieR of this avtieleT a =qua1 + €y4:Rq eity shall Ret reeelve a property tax EeveAae alleeatlen in tine 1999 -91 €+seal year whiek is gEeater than 96 peEeeRt at tine alleeatioR reeelved by that gxali €ying city +R the 1989 -98 €+seal yeaEv "SEC. 6. Chapter 1.5 (commencing with Section 7284) of Part 1,7 of Division l 2 of the Revenue and Taxation Code is repealed. =SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that important changes are made to local government financing provisions-during the 1990 -91 fiscal year, it is necessary that this act go into immediate effect. i