HomeMy WebLinkAboutAGENDA REPORT 1991 0417 CC REG ITEM 08MPAUL W. LAWRASON JR.
Mayor
BERNARDO M. PEREZ
Mayor Pro Tem
SCOTT MONTGOMERY
Councilmember
JOHN E. WOZNIAK
Councilmember
LILLIAN KELLERMAN
City Cleric
TO:
FROM:
DATE:
SUBJECT:
MOORPARK
. O"'RPARK, CALIFORNIA
Ci; y Coun it Meeffng
of 7 1991
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ITEM
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
M E M O R A N D U M City Treasurer
The Honorable City Council
Susan CauldweVOPssistant to the City Manager
April 10, 1991
Consider SCA11, AB883, AB930, AB495, and AB82
Several bills which are currently working their way through the
committee process in Sacramento are of interest to the City.
SCA11 (Morgan) allows local general obligation bonds to be approved
by a simple majority vote (rather than the crirrent two - thirds
requirement), and requires statewide initiative bond measures
(except those enacted by the Legislature) to be approved with a
two- thirds majority vote. Because of the two - thirds vote
requirement, local governments have been largely unsuccessful in
getting major capital projects funded by a bond issue. For
example, in 1986, 90 percent of local government bond issues on the
ballot that failed achieved greater than 50 percent of the vote.
Easing the two - thirds requirement will prohibit a minority from
deciding the fate of public improvements. RECOMMENDATION:
Support.
AB883 (Boland) holds a city liable for failure to perform a
ministerial or.mandatory act in the issuance of a permit, license,
or other entitlement. This bill extends the City's liability in
those cases where an employee fails to issue permits to an
applicant's satisfaction. The current remedy is to seek a writ of
mandamus_ RECOMMENDATION: Oppose.
AB930 (Cannella) exempts cities from the existing small claims
court filing limitation (no more than 2 filings greater than $2500
per calendar year). This allows cities to pursue fines and
penalties through small claims court rather than formal litigation.
RECOMMENDATION: Support.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
April 10, 1991
Page 2
SB495 (Johnston) defines the "de minimis" exemption to Department
of Fish and Game fees (which were enacted by AB3158 last year) as
a "minimal or temporary" adverse affect to wildlife. According to
the League of California Cities, because this definition creates a
new finding concept to CEQA, Fish and Game will be required to
issue regulations and the courts will be required to clarify the =
terms of the finding. RECOMMENDATION: Oppose.
SB82 (Kopp) revises transfer of ownership statutes to provide for
more frequent reassessment of corporate and partnership property.
It is estimated that between $1 billion and $3 billion in new
property tax revenue will generated by these changes. Under
Proposition 13, reassessment occurs only when a major corporate
merger takes place. SB82 provides that when a cumulative 50
percent of shares of a partnership or corporation are sold a
"change in ownership" occurs and reassessment will take place.
RECOMMENDATION: Support.
Staff Recommendations
1. Authorize the Mayor to send letters of support for SCA11, SB82
and AB930.
2. Authorize the Mayor to send letters of opposition for AB883
and SB495.