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HomeMy WebLinkAboutAGENDA REPORT 1994 0420 CC REG ITEM 08RTO: FROM: DATE: r AGENDA REPORT CITY OF MOORPARK Honorable City Council Mary R. Lindley, Assistant to the City Manager I" 1 April 14, 1994 SUBJECT: Consider Opposition of AB 3505, Reallocation of Sales Tax; AB 2673, Water District Oversight; and AB 2983, Building Standard Appeals Background Council is being asked to consider and take a position on the following legislative bills and to direct the Mayor to communicate the City's position to the appropriate committees and legislators. AB 3505, Reallocation of Sales Tax - Oppose AB 3505 (V. Brown) provides for the reallocation of any growth in countywide Bradley -Burns Sales Tax for local jurisdictions. If approved, AB 3505 would allocate countywide sales tax growth using the following formula: 1) Fifty percent on a per capita basis to all jurisdictions within the county (the population used for the county would be based on the unincorporated portion of the county). 2) Fifty percent to jurisdictions that have a total sales tax allocation which is less than the average per capita sales tax allocation in the county. In addition, any decreases in countywide sales tax would be deducted from each jurisdiction on a per capita basis. The reallocation of local sales tax could negatively impact growing jurisdictions such as the City of Moorpark. The City's net sales tax could be lower than under the present formula if Moorpark experienced commercial and retail growth since a portion of the growth would have to be shared with other jurisdictions in the county. Another major concern is that AB 3505 would set a precedent of allocating sales tax on a basis other than the location where the tax was collected. This may have benefit to lower sales tax cities such a Moorpark, however, in doing so, sales tax may become like property tax and be subject to annual reallocation by the State. Consider Legislation April 13, 1994 Page 2 AB 2673, Water District Oversight - Oppose If approved, AB 2673 (Cortese) would prohibit the City from utilizing its legislative authority to amend the City's comprehensive general plan unless a water district made a specific finding about the water availability for Moorpark. Water agencies currently have statutory authority and opportunity through the CEQA process. They review and comment on the scope of analysis for all development projects and may also submit specific mitigation and monitoring measures to a city. A city must then either incorporate appropriate measures or respond on the record to all water agency comments. Further, cities must submit all major proposed general plan amendments to water agencies for comments. Cities and their elected officials are vested with broad legislative authority to plan for and provide essential services on behalf of the residents they serve. City councils are subject to the concerns of citizens and their rights of referendum as well as direct elections. Therefore, councils exercise their legislative authority carefully and make decisions which best reflect the needs of their constituents. This may not be the case with water districts which may have other agendas.. In addition, a water district's assumptions about continuing supply, growth in user demand, and change in industry trends remain subject to debate among experts. It would be a serious mistake to give special districts the ability to halt growth. The League of California Cities strongly urges cities to oppose AB 2673. AB 2983, Building Standard Appeals - Oppose AB 2983 (Rainey) would allow any person who believes they are adversely affected by local adoption or enforcement of any type of building standard, which is more stringent than the uniform codes, to appeal that standard to the California Building Standards Commission. The standard would then be nullified unless, and until, the Commission determines to approve it. The City of Moorpark has several building codes that are stricter than those imposed by the State. 'These codes were adopted by the Council because it believed that doing so would provide for a greater level of health and safety for Moorpark residents, e.g, the City does not allow treated or untreated wooden shingle roof. The City needs to continue to have the ability to respond to local conditions regarding building code standards. Consider Legislation April 13, 1994 Page 3 Individual builders who disagree with a particular ordinance or other requirement already have an appeals process available to them. Rather than further limiting local governments' control over building standards, the League of California Cities has been working to increase local control.. Recommendation Staff recommends the Council oppose AB 3505, reallocation of sales tax; AB 2673, water district oversight; and AB 2983, building standard appeals; and direct the Mayor to communicate the Council's position to the appropriate committees and legislators. wpdocs /ab3505.agd