HomeMy WebLinkAboutR08-Redevelopment Agency
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DEVELOPMENT DEPARTMENT
OF rBE CITY OF SAK BERlWWIBO
REOOEST FOR COIMISSION/COUlICIL ACTION
From:
KEflNETH J. HENDERSON
Executive Director
Subj ect: LEGISLATIVE ADVOCACY
AGIWIfwu WITH MICHAEL
J. ARBOLD AKD ASSOCIATES
Date:
September 8, 1992
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SvnoDsis of Previous C~issionlCounc~l/Committee Action(s):
In July 1991, the Mayor and Common Council adopted a resolution
retaining the services of Michael J. Arnold and Associates as a
Legislative Advocate for the City, the Municipal Water Department and
the Economic Development Agency. The cost for such services is
$3,OOO/month.
On August 17, 1992, this item was continued.
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RecDmmPnded Motion(s}:
(Ravor .nd Common Council)
MOTION
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND MICHAEL J. ARNOLD AND ASSOCIATES, INC.
RELATING TO ADVOCACY SERVICES IN CONNECTION WITH
LEGISLATIVE ACTIONS IN SACRAMENTO.
Admifrator
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Contact person(s):
5081
Kenneth J. Henderson
Phone:
Project Area(s):
ALL
Ward(s):
1-7
Supporting Data Attached:
Staff ReDort
FUNDING REQUIREMENTS:
Amount: $ 36.000
Source: Tax Increment
General Fund;
Water DeDartment
Budget Authority:
Reouested
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Commission/Council Kotes:
KJH:lmp:2352B
COIMISSION MEETING AGElIDA
Meeting Date: 09/08/1992
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Agenda Item Kumber:
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DEVELOPMBKT DBPARTMEBT
OF THE CITY OF SAB" BEIl1WIDIKO
STAFF REPORT
LEGISLATIVE ADVOCACY AGlIllKIOK..-r WITH MICHAEL J. A11I1OW AKD ASSOCIATES
On August 17, 1992, approval of the subject agreement was continued due
to the lack of a quorum and time for adequate discussion.
In July 1991, the Mayor and Common Council adopted a resolution
retaining the services of Michael J. Arnold and Associates as a
Legislative Advocate for the City, the Municipal Water Department and
the Economic Development Agency. The cost for such services is
$3,OOO/month.
The first year of advocacy by this firm has passed and based upon
performance, the Mayor's office and staff is recommending retention of
Michael J. Arnold and Associates for an additional year at the
$3 , OOO/month.
The cost of such services is to be shared equally between the City, its
Water Department and the Economic Development Agency.
Based upon the foregoing, staff recommends adoption of the attached
resolution.
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J. IIIlIDERSOK, Executive Director
PDent Department
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KJH:lmp:2352B
COIMISSIOK IlEETIKG AGDDA
Meeting Date: 09/08/1992
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Agenda Item Bumber:
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19 Counci1members
20 ESTRADA
21 REILLY
22 HERNANDEZ
23 MAUDSLEY
24 MINOR
25 POPE-LUDLAM
26 MILLER
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RBSOLUTION NO.
RBSOLUTION OF '1'BB CITY OF SAN BBIUlARDINO AUTHORIZING THB
BXECUTION OF AN AGREBllBIIT BY UlD BBTWEBN '1'BB CITY OF SAN BBRNARDINO
UlD JlICBUL J. ARNOLD UlD ASSOCIATBS, INC. OLaTING TO ADVOCACY
SBRVICES IN COHNBCTION WITH LEGISLaTIVE ACTIONS IN SACRAMEIITO.
BB IT RESOLVED BY '1'BB MAYOR UlD COMMON COUJICIL OF THB CITY OF
SAN BBRNARDINO AS PaLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of the City an agreement by and between the City
8 of San Bernardino and Michael J. Arnold and Associates, Inc. to
9 provide advocacy services in connection with legislative actions in
10 Sacramento.
11 SECTION 2. The authorization to execute the above-referenced
12 agreement is rescinded if the parties to the agreement fail to
13 execute it within sixty (60) days of the passage of this
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resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1992, by the following vote, to wit:
day of
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ABSTAIN
ABSENT
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RESOLUTION. .. AUTHORXZING THE EXECUTION OF AN AGREEMENT BY
AND BETWEEN THE CITY OF SAN BERNARDINO AND MICHAEL J. ARNOLD AND
ASSOCIATES, INC., RELATING TO ADVOCACY SERVICES IN CONNECTION WITH
LEGISLATIVE ACTIONS IN SACRAMENTO.
City Clerk
of
The foregoing resolution is hereby approved this
, 1992."
day
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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2 THIS AGREEMENT, made and entered into this day of
3 , 1992 by and between the CITY OF SAN BERNARDINO,
4 a Municipal Corporation ("City) and MICHAEL J. ARNOLD and
5 ASSOCIATES, INC., a California Corporation ("Consultant"):
6 WITNESSETH:
7 WHEREAS, much of what goes on in the City is affected by
8 legislative actions in Sacramento, and
9 WHEREAS, as the City continues to grow and expand, it is
10 becoming necessary to assure that the City'S interests are
11 considered by the various legislators in the State's Capital, and
12 WHEREAS, Consultant asserts that it is ready, willing and able
.13 to provide various services for the City in Sacramento including
14 meeting with Legislators, reporting to the City on the status of
15 pending legislation and testifying in committee hearings,
16 NOW THEREFORE, the parties hereto agree as follows:
17 1. Consultant agrees to:
18 a. Provide a full range of advocacy services to
19 influence the outcome of legislative and
20 administrative actions affecting the interests of
21 the city.
22 b. Review all bills introduced in the California
23 Legislature, inform the City of all legislation of
24 special interest: and forward copies of all such
25 bills to the City for review.
26 c. Serve as the Legislative Representative of San
27 Bernardino in the State Capitol.
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d.
Provide information and data pertaining to various
state issues and programs of interest to the city.
Provide conflict-free representation for the City.
Consultant will represent no client with
conflicting positions while under contract with the
City.
Perform long term and short term work assignments
pursuant to directives from the City.
Attend League of cities regular "City
Representative" briefings.
Track legislation on which the City has taken a
position. Provide periodic reports to the city as
desired.
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1.
Prepare periodic reports to the City which
summarize the consultant's activities on behalf of
the City and which offer useful information on
Sacramento legislative activity.
Arrange and coordinate meetings with legislators
for City staff and elected officials when necessary
and be prepared to participate as required.
Lobby on behalf of City-sponsored legislation and
on specific bills as directed by the city.
Represent the City in meetings with state agencies,
boards, commissions and legislative bodies.
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Research and provide information/recommendations
on:
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2.
1) state agency and department regulations,
guidelines, directives and other instruments
of administrative policy.
2) Funding opportunities for proposed City
projects.
3) Technical memoranda and reports impacting City
operations.
n. Develop strategies to successfully implement the
City'S legislative programs.
o. Meet with City representatives early during the
contract term and participate in the development of
a comprehensive plan for representation of the City
during the term of the Agreement.
p. Conduct regular periodic meetings with City
representatives.
q. Maintain insurance sufficient to hold the City
harmless from all claims such as, but not limited
to, worker's compensation, employer liability,
damage to property, personal injury liability and
products liability.
r. Obtain Council approval before introducing any
legislation on behalf of the City.
City agrees to:
a. Review and analyze all bills forwarded by
Consultant and inform Consultant of City'S
position, if any.
b. Compensate Consultant in the amount of $3,000.00
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per month, payable in advance on the first day of
each month.
c.
Reimburse Consultant for expenses incurred in
connection with activities directly related to
representation of the interests of the City and
reimburse Consultant for travel and other expenses
directly related to participation in meetings
outside the City of Sacrlllllento.
Mileage
reimbursement to be at the rate of 25 cents per
mile.
3.
This Agreement shall commence on the date first shown
above and shall continue in full force for one year.
This Agreement may be terminated by either party upon a
thirty (30) day written notice.
4.
For all purposes of this Agreement, Consultant shall be
an independent contractor and shall not be considered as
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an employee of City.
5.
Any notice to be provided from one party to the other
under this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as
follows:
TO THE CITY:
TO CONSULTANT:
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Michael J. Arnold and
Associates, Inc.
1127 Eleventh Street
Suite 820
Sacramento, CA 95814
Nothing in this paragraph shall be construed to prohibit the
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6. This Agreement shall be governed by the laws of the State
of California.
It constitutes the entire Agreement
between parties regarding its subject matter. If any
provision of this Agreement is held by any court to be
invalid, void or unenforceable, the remaining provisions
shall nevertheless continue in full force.
IN WITNESS WHEREOF, the parties hereto have executed this
8 Agreement on the day and date first above shown.
City of San Bernardino
BY:
W.R. Holcomb, Mayor
MICHAEL J. ARNOLD AND ASSOCIATES, INC.
MICHAEL J. ARNOLD,
President
ATTEST:
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pproved as to form
22 and legal content:
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REC'O.-AOMIN. OFF.
l!l9Z AUG 27 AM 8 03
Michael J. Arnold and Associates, Inc.
Legislative Advocates and Consultants
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MEMORANDUM
VIA FEDERAL EXPRESS
TO:
Mayor Holcomb, City of San Bernardino
FROM
Michael J. Arnold, Legislative Advocate
DATE;
August 26, 1992
SUBJECT:
Legislative Representation Activities - Summary
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Thank you for asking me to provide you with a statement describing the activities in which
I have been engaged on behalf of the City of San Bernardino over the past year. I believe
we bave been very successful in addressing public policy issues in Sacramento and look
forward to representing the City for many years to come.
My activities on behalf of the City of San Bernardino are summarized as follows;
Patton Park Bill. We successfully sponsored AB 538 (Eaves), which was
signed into law by the Governor. This "authorizing statute" allows the City to
sell specific lands deeded to it by the state for park purposes if all of the
proceeds go to develop new parks or improve existing ones.
Horse Racing Revenue Enhancement Evaluated. Our office conducted
substantial research on expanding city revenue from the satellite wagering
facility within city boundaries in connection with SB 708 (Petris), a bill
sponsored by the City of Albany to increase city share in the "parimutuel
handle" from.33 to.s percent. The bill was withdrawn in the 1991 session,
but the issue is likely to turn up again in the future. A session held at the
League of Cities conference with other cities containing horseracing facilities
generated a great deal of discussion; we are working with other cities to
determine the appropriate course of action in the next legislative session.
Annexation Legislation. I worked with Assemblyman Jerry Eaves to sponsor
AB 2695, a proposal allowing cities to annex inhabited county "islands"
entirely surrounded by the city. The measure was ultimately put on hold
pending the outcome of additional local discussions on these issues.
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Opposition to Tax on Urban Water Suppliers. Skyrocketing water costs led us
to oppose SB 959 (Presley). The bill failed passage in the Assembly Water,
1127 Eleventh Street, Suite 820, Sacramento, California 95814
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(916) 446-2646
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August 26, 1992
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Parks and Wildlife Committee, whose members I had apprised of the City's
objections to the measure. The bill would have dramatically increased water
costs to the citizens of San Bernardino.
PERS Lawsuit. We followed the progress of "Claypool et al. v. Wilson et al.,"
the lawsuit filed by the Public Employee and Retiree Coalition against the
State to stop implementation of AB 702, Chap. 83 (1991). The lawsuit
threatened the financial relief brought to San Bernardino through PERS
sa vings created by AB 702.
Brown Act Proposal. I worked with the League of California Cities to secure
amendments to SB 1538 (Kopp), a proposal which would have added
substantial costs to the City due to unrealistic new requirements which would
have been imposed under the Ralph M Brown Act. We have secured several
amendments which make the bill more palatable to cities.
Support for MOE Relief. AB 3017 (Filante), a bill to give cities relief from
maintenance of effort requirements (MOE) in existing law, was replace mid-
session by AB 2418 (Quackenbush) and SB 1963 (Boatwright). We actively
supported all of these bills; SB 1963 has passed both houses and is likely to be
signed by the Governor.
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Support of SB 1317 and 1318. We supported SB 1317 and SB 1318 (both
Leonard & Ayala), whiC'h would authorize the Department of General
Services to acquire or construct new facilities for the Fourth District Court
of Appeals and the Department of Transportation's District 8 offices,
respectively. Both bills are proceeding through the legislative process.
Opposition to SB 1711. We joined the League of Cities and California
Redevelopmcnt Association in opposing SB 171 I (Bergeson), which would
have placed outrageous penalties on redevelopment agencies that had not yet
adopted a housing element update. Although we may not ultimately be able
to block passage of this powerful senator's measure, we secured amendments
to SB 1711 to make the bill less onerous.
Protection of City Revenues in 1992-93 State Budget. Our most daunting
challenge this year has been to protect city funds in the face of the worst
state budget crisis ever. And we thought last year was bad! Cuts to local
government have been one of the major points of contention separating
Republican and Democrat camps in this year's deliberations. As lawmakers
still have not agreed to a budget, it is difficult to say how badly cities will be
hit. Yct we have already fended off some of the more burdensome proposals,
such as the huge "redshift" redevelopment proposal, and we will do our best to
minimize the damage to the City of San Bernardino.
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August 26, 1992
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Enclosed with this memorandum is a copy of our San Bernardino Legislative Update. This
report is produced by our computerized bill tracking system. The system alIows us to stay up
to date on alI the currently active bills whose outcomes have a bearing on the City. We
folIow their legislative progress and intervene in support or opposition of each piece of
legislation as necessary.
I have attempted to keep this summary brief. There are many other issues in which we have
been involved over the past year. I trust you will find this summary to be useful. Please let
me know if you need additional information.
It is great to be a part of the San Bernardino city team. I look forward to working with the
elected city officials and staff for the continued betterment of the citizens of San
Bernardino.
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cc: Shauna Clark, City Administrator
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CITY OF SAN BERNARDINO
LEGIS LA TIVE UPDATE
August 1992
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..... CA AB 1012 AUTHOR: Bates
TITLE: Local government programs
LOCATION: To enrollment
SUMMARY: .
Repeals the requirement of a county board of supervisors, prior
to closing or eliminating any area of service of a county
hospital or county medical facility, or reducing the level of
services provided to indigents as of 01/01/95, or in any way
transferring the management of county hospitals or medical
facilities, to file specified documents with the State
Department of Health Services and the appropriate areawide
voluntary health planning agency.
POSITION: SUPPORT
CA AB 2067 AUTHOR: Floyd
TITLE: Public safety officers
LOCATION: Senate Judiciary Committee
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SUMMARY:
Defines interrogation and redefines punitive action, for the
purposes of the Public Safety Officers Procedural Bill of Rights
Act. Clarifies that the procedures in the act apply to
interrogation which could lead to punitive action against the
interrogated employee or any other employee of the agency or
department.
POSITION: OPPOSE
CA AB 2303 AUTHOR: Vasconcellos
TITLE: 1992-93 Budget
LOCATION: Senate Budget and Fiscal Review Committee
SUMMARY:
Makes appropriations for support of state government for the
1992-93 fiscal year.
POSITION: WATCH
CA AB 2418 AUTHOR: Quackenbush
TITLE: Transportation: funds: cities and counties
LOCATION: Senate Appropriations Committee
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SUMMAR Y:
Relates to the apportionments to cities and counties of a
portion of the revenues derived from a per gallon tax on motor
vehicle fuels. Creates a maintenance of effort committee,
comprised of a specified membership. Authorizes the committee
to adjust, & grant reductions in, the required expenditures of a
city or county in accordance with prescribed criteria until
01/01/96.
POSITION: SUPPORT
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""., CA AB 2695 AUTHOR: Eaves
TITLE: Annexation
LOCATION: Assembly Local Government Committee
SUMMAR Y:
Permits the commission to approve the annexation by a city of
inhabited territory & authorize the city to order annexation
without an election pursuant to the same procedures where the
territory does not exceed 400 acres in area, is entirely
surrounded by the city, the city.is a charter city, has a
population over 150,000, is located in a county with an area
over 20,000 square miles, has no county park within 4 miles, and
residents receive fire service from the city.
POSITION: WATCH
CA AB 3128 AUTHOR: Eaves
TITLE: Emergency medical care: exclusive operating areas
LOCATION: Assembly Health Committee
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SUMMARY:
Revises definition of exclusive operating area to provide that
it is an area in which operations are restricted to I or more
private providers of emergency ambulance, basic life support,
limited advanced life support, or advanced life support
services. Provides that nothing in specified provisions of law
pertaining to exclusive operating areas shall limit public
safety agencies from providing prehospital emergency medical
services within their jurisdiction.
POSITION: SUPPORT
CA AB 3213 AUTHOR: Isenberg
TITLE: Cigarette Tax Fund: allocations
LOCA TION: SENATE
SUMMAR Y:
Allocates all moneys in the Cigarette Tax Fund to the General
Fund.
POSITION: OPPOSE
CA AB 3214 AUTHOR: Isenberg
TITLE: Local government finance
FILE: 171
LOCATION: Assembly Third Reading File
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SUMMARY:
Requires for the 1992.93 fiscal year &each fiscal year
thereafter, that the amount of property tax revenue allocated to
school districts be increased by property tax revenues otherwise
allocable to special districts with respect to the enterprise
activities of those districts.
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POSITION: OPPOSE
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CA SB 828 AUTHOR: Boatwright
TITLE: Local government: property tax allocations
FILE: 271
LOCATION: ASSEMBLY
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SUMMARY:
Declares legislative intent to reconsider the policies that
authorize the collections by counties of specified property tax
administrative costs proportionately attributable to
incorporated cities, as well as criminal justice administrative
fees from a city, special district..school district, community
college district, college, or university for reimbursement of
county expenses incurred with respect to the booking or other
processing of arrested persons.
POSITION: SUPPORT
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CA SB 867 AUTHOR: Thompson
TITLE: California Groundwater Management Act
COMMITTEE: Assembly Ways and Means Committee
HEARING: 08/26/92
SUMMAR Y:
Enacts the Glenn County Groundwater Management Act. Authorizes
the Board of Supervisors of Glenn County to create the Glenn
County Groundwater Management District Establishes the general
duties and responsibilities of the District Authorizes the
District to conduct investigations and would authorize the
District to prepare an annual report.
POSITION: WATCH
CA SB 1050 AUTHOR: Russell
TITLE: Hospital districts
FILE: 1
LOCA TION: Assembly Third Reading File
SUMMAR Y:
Provides a local hospital district with various powers,
including the power to transfer, with or without consideration,
any part of its assets to one or more nonprofit corporations to
operate and maintain the assets for the benefit of the
communities served by the district Permits a local hospital
district to make this transfer only at fair market value.
POSITION: WATCH
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CA SB 1155 AUTHOR: Leonard
TITLE: Community redevelopment: Town of Yucca Valley
LOCATION: Assembly Housing and Community
Development Committee
SUMMAR Y:
Makes certain findings and declarations of the Legislature
concerning the disaster that occurred in the Town of Yucca
Valley due to the earthquake that occurred on 06/28/92, in that
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area. Modifies certain procedural and substantive requirements
specified in the Community Redevelopment Law for purposes of a
redevelopment plan adopted by the legislative body of the Town
of Yucca Valley for an area within the Town of Yucca Valley.
POSITION: WATCH
CA SB 1270 AUTHOR: Deddeh
TITLE: Public utilities: water corporations
LOCATION: Senate Agriculture and Water
Resources Committee
SUMMAR Y:
Provides that any public corporation established pursuant to a
special water district act which sells, leases, rents, or
delivers water wholesale or at cost to its constituent members,
whether under contract or otherwise, is a public utility, and is
subject to the Public Utilities Act and subject to the
jurisdiction, control, and regulation of the commission.
POSITION: OPPOSE
CA SB 1280 AUTHOR: Alquist
TITLE: 1992-93 Budget
",... FILE: 119
I", FILE: 47
LOCATION: Senate Unfinished Business
SUMMARY:
Makes appropriations for support of state government for the
1992-93 fiscal year.
POSITION: WATCH
CA SB 1317 AUTHOR: Leonard
TITLE: Dept. of General Services: leasing state property
FILE: 250
LOCATION: Assembly Consent Calendar
SUMMARY:
Authorizes the Director of General Services, as the agent for
state agencies, to enter into an agreement for preliminary plans
for lease, lease-purchase, or lease with an option to purchase
real property, or to convert existing property leased or owned
by other state agencies, not sooner than 30 days after
notification in writing to the chairperson of specified
legislative committees, for the purpose of financing parking
facilities for use of state agencies
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POSITION: SUPPORT
CA SB 1318 AUTHOR: Leonard
TITLE: Dept. of General Services: leasing state property
LOCATION: Assembly Ways and Means Committee
SUMMAR Y:
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Authorizes the Director of General Services, as agent for the
Department of Transportation and other agencies, to enter into
an agreement to lease, lease-purchase, or lease with an option
to purchase real property for the purpose of financing,
refinancing, and acquiring office facilities for state agencies
and headquarters for District 8 of the Department of
Transportation. Provides that the total purchase price shall
not exceed the market value.
POSITION: SUPPORT
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CA SB 1538 AUTHOR: Kopp
TITLE: Open meetings of local government
FILE: 297
FILE: 86
COMMITTEE: Conference Committee
HEARING: 08/26/92 11:00 am
COMMITTEE: Conference Committee
HEARING: 08/27/92 11:00 am
COMMITTEE: Conference Committee
HEARING: 08/28/92 11:00 am
SUMMARY:
Defines public work project to include any structure or
infrastructure improvement, and its associated services and
activities intended for public rather than private benefit.
Specifies that any multimember body that exercise any material
authority of a legislative body of a local agency delegated to
it is a legislative body whether it is organized and operated by
a local agency or by a private corporation specifically created
to exercise the delegated authority.
POSITION: SK.AMEND
CA SB 1711 AUTHOR: Bergeson
TITLE: Redevelopment
FILE: 293
FILE: 81
COMMITTEE: Conference Committee
HEARING: 08/26/92 3:00 pm
COMMITTEE: Conference Committee
HEARING: 08/27/92 3:00 pm
COMMITTEE: Conference Committee
HEARING: 08/28/92 3:00 pm
SUMMAR Y:
Makes extensive revisions in the Community Redevelopment Law.
Authorizes the Attorney General to receive specified information
relating to redevelopment agencies, & to take specified actions
with regard to the findings of redevelopment agencies relating
to the housing elements of general plans.
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POSITION: OPPOSE
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... ' CA SB 1757 AUTHOR: Morgan
TITLE: Eminent domain: public utility property
FILE: 156
LOCATION: Assembly Third Reading File
SUMMAR Y:
Provides that where property which has been appropriated to a
public use is electric, gas, or water public utility property
which the public entity intends to put to the same use, the
presumption of a more necessary use is a rebuttable presumption
affecting the burden of proof.
POSITION: OPPOSE
CA SB 1963 AUTHOR: Boatwright
TITLE: Transportation: funds: cities and counties
LOCA TION: To enrollment
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SUMMAR Y:
Relates to apportionments to cities and counties of a portion of
the revenues derived from a per gallon tax on motor vehicle
fuels in accordance with prescribed formulas. Creates a
maintenance of effort committee, comprised of a specified
membership and authorizes the committee to adjust, and grant
reductions in, the required expenditures of a city or county in
accordance with prescribed criteria until 01/01/96.
POSITION: SUPPORT
CA SB 1977 AUTHOR: Bergeson
TITLE: Local taxes & assessments: public meeting
FILE: 308
FILE: 99
COMMITTEE: Conference Committee
HEARING: 08/27/92 2:30 pm
SUMMAR Y:
Amends the Ralph M Brown Act to require the legislative body of
any city, county, or special district, before adopting any new
or increased general tax or any new or increased assessment, to
conduct at least one public meeting, with 45 days' notice,
regarding the proposed new or increased general tax or new or
increased public assessment in addition to the noticed public
meeting at which the legislative bOdy proposes to enact or
increase the general tax/assessment
POSITION: OPPOSE
c:,
END OF REPORT
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