The URL can be used to link to this page

Home My WebLink AboutAgenda Report - March 21, 1984 (51)CITY COUNCIL MEETING MARCH 1984 W►tllN S B CITY COUCIL MEMBERS (XI CTINS RF Following introduction of the natatter by Gaunci 1 Nimber SLATE 11M)AIM Pinkertm, regarding titrate naran(lated costs for the checking Pfmt*V of City Wel Is, O)tnc i t on Hata t i on of Cowuac i 1 Niedae r Reid, 1 Pinkertor Second, directed that a- lett.�r he sent to A.ssmblyn-om flail Isenberg stg4)orting Assen.bly Gonstitut ionratl Nwnchaent No. 35 (itader), which ataaenclnmit would provide that if there were State ma nda t ed prolrrium w i t hou t S t as t c - app ro printed f :ails , that the local agency could carp l y with the State nvindate on .a voltntnry basis until said fa.tnds were appropriitted. �sw r ty � a �[ • �sw -r y +�iiE Y 4� 4 ACA 35 —4- CALIFOM IA LECISLATUFLE-19W-61 REGULAR SESSION 1 (c') For the .purposes of this section, the Board o! Assembly Constitutional Arnendment No. 35 2 Control shill consist of the following members - 3 (1) The Controller, acting as an ex o1rido member. 4 (2) The Director of Ceneral Services, acting as an ex Introduced by Assemblyman Hader 5 officio member. 6 (3) A member appointed by and serving at the � 7 pleasure of the Co j ernor, Ivho may be a state officer. March 3, 1983 8 (4) Two members representing local agencies, 9 appointed by the Governor for terms of two years. Assembly Constitutional Amendment No. 35.--A resolution to propose to the people of the State of California an amendment to the Constitution of the state, by amending Section 6 of Article X111 B thereof, relating to state -mandated local programs. LECISIATAT COU\.SL•'US D.ICM �..\ ACA 35, its introduced, Bader. State -mandated local programs. Existing ,provisions of the California Constitution require that, whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state shallreimburse the local government for the cost of the program or increased level of service. O except for specified exe,Gnptions. This measure would Instead provide that whenever the Legislature or any state agency mandates any ireased cost, the state shall pay the local government for the increased cost. This measure dehm- es the membershi=p of the Board of Control for purposes of this section and requires the board to determine whether appropriations naade, in enacting state -mandated lecal programs-, are sufficient to pay for the cost of the mandated pro grams. This measure would wither: enable, the board to determine that appropriations are ins fflident and so !declare thereby causitt the state mandaie to 6e vroluatary until the.6eard deterinl•nes that suffitzient funds have been appropriated. e_1%. This naeasure would also regtiire the beaid to ImAestigute all state -mandated local programs enacted after July 1, 1975. to 011--1tY1 li,gr,nt,vl N•v.!ti :rn ..-,.>�.„ _�.YcFa!r�:".. .. ..nF..dt.«...�'�+iv..�1c.+.n-.»..tw««e;..-"...n.,,:.+.•......wn�.�,.�..+�.,.x...�.a ;a;.-:a�r.ra._�-x��-^-• .- -,. ;•. _ �.,..- --------.__� -� - �---- ACA 35 —2— determine if they are sufficiently funded, as specified, and if u not, cause the duty of the local entities to carry out the program, to be voluntary if funding is not provided by the next succeeding fiscal year. Vote: %. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. 1 Resolved by the Assembly, the Senate concurring, That 2 the Legislature of the State of California at its 19&3-84 3 Regular Session commencing on the sixth day of 4 December, 1982, two-thirds of the members ele-ted to 5 each of the two houses voting therefor, hereby proposes 6 to the people of the State of California that the 7 Constitution of the state be amended by amending 8 Section 6 of Article XIII B thereof to read: 9 SLC. 6. (a) Whenever the Legislature or any state 10 agency mandates ft new pregrttffi tw higher k -vel 4 11 5eviee anY hicrvased cast an atiy local governnient, the 12 state shall proviec a subvention of fun -as to rek116tftse 13 9tteh p,,v the local government for +—he ee!,t-; 4 ftteh 14 pf,&g-rt-rffi er i.iteretiged k-ee4 of the increased cost, 13 except that the Legislature may, but need not, provide 16 such subvention of funds for the following mandates: 17 18 (1) Legislative mandates requested by the local 19 agency affected; 20 21 (2) Legislation defining a new crime or changing an 22 existing definition of a crime; or 23 je} 24 (3) Legislative mandates enacted prior to January 1, 25 1975, or executive orders or regulations initially 26 implementing legislation enacted prior to January 1, 27 1970-1. 28 (b) The e Board of Control, within 90 days of the 29 enactment of the state -mandated local program or the 30 effective date of the statute, whichever is later, shall 31 do. termine whether er th e appropriation is sufficient to pay 32 for the cost of the mandated program. 33 (1) If the board determines that the appropriation is Lun M —3— ACA 35 1 sufficient, it shall so declare 2 (2) If the board determines that the appropriation is 3 insu t it shall so declare, and the local entity's duty 4 to carry out the state -mandated local program shall be 3 suspended and compliance with the mandate shall be 6 voluntary until the board determines that suMcient funds 7 have been appropriated 8 (c) The Board of Control shall monitor each 9 state -mandated local program enacted by the Legislature 10 for condiiiied funding and shall determine whether the 11 level of funding remains sufficient to pay for the cost of 12 the state -mandated local program. If the board 13, determines that funding has become insufficient it shall 14 so declare, and the local entitys duty to carry out the 15 state -man, dated local program shall be suspended and 16 compliance with the mandate shall be voluntary until the 17 board determines that sufficient funds have been 18 appropriatvd. 19 (d The Board of Control shall investigate all 20 .state -r and.ited local programs, as specified in 21 subdivision (a), enacted ufterfid), 1, 1975, to determine 22 whether the state -mandated local programs have been 23 funded and, if so, whether the funding has been and 24 continues to be sufficient to pay for the cert of the 25 programs. If the board determines that a state -mandated 26 program was not funded or that the funding has been or 27 has become insufficient to pay for the cost of the 28 state -mandated local program, the board shall so declare 29 and shall calculate the current cost of the state -mandated 30 local program and shall report these amounts to the 31 Legislature. If, by the commencement of the next 32 succeeding fiscal year, the Legislature has not 33 appropriated an amount sufficient to pay the local 34 wtwes for the current cost of the identified 35 state -mandated local programs, the duty of the local 36 entity to carry out any state -mandated local progrw= 37 s+v has not been funded, or has been insufficiently 38 funded, shall be suspended and compliance with the 39 mandate shall be volujitary until the board determines 40 that sufficient funds have been appropriated. CITY COUNCIL "TVELYN M OISON. Mayur JOHN R Mandy) SNIDER Mayor Pro Tempore ROUERT C MURPItY IAME S W PINK[ R ION, Ir FRIO M RIF ID March 2G, 1984 PD CITY OF LOIYI CITY HAIL. 221 WEST PINE MILE T POST OFFICE BOX 320 I.M. CAI IFORNIA 95241 (209) 3345634 Assemblyman Phil Isenberg State Capitol Sacramento, CA 95814 Re: Assembly Constitutional Amendment No. 35 (Bader) Dear Assemblyman Isenberg: HENRY A GLAVES. It City Manager ALICE M REIMCHE City Clerk RONALD M STE IN City Attorney We would respectfully ask you to support AssembIy Constitutional Amendment No. 35 (Bader) (copy attached). As you will note, said Constitutional Amendment would provide that if there were State mandated programs without State -appropriated funds, that the local agency could comply with the'State mandate on a voluntary basis until said funds were appropriated. Stated more clearly, if the State mandates a program, the State would have to pay for same. It is the belief of this Council that where the State has mandated a program, it is unfair to have the bill with the SB90 d-isclaimer. Certainly a local agency has the ability to increase fees, however, a -s you are aware, in many instances, it is unfair to the citizens of the Local Agency to continually increase fees in order to pay for State mandated services. Further, it is the belief of this Council that the continued increases in State mandated programs without the State funds is a direct contravention of the spirit (if not the letter) of Proposition 13. It is our understandingl,that ACA No. 35 was defeated March 19, 1984 by a 6 - 5 vote. However, we would ask that you take whatever course is necessary to reintroduce this bill. Thank you very much. RMS:ve Very truly yours, CITY COUNCIL OF THE CITY OF LODI By__ -- Alice M. Reimche City Clerk 0