HomeMy WebLinkAboutAgenda Report - August 21, 2002 I-03CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Supporting Proposed Amendments to Senate Bill
1717 (Machado)
MEETING DATE: August 21, 2002
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: That the City Council adopt a resolution supporting proposed
amendments to Senate Bill 1717 (Machado).
BACKGROUND INFORMATION: As noted during the April 3, 2002 Special Council Meeting, Senator
Machado introduced legislation on February 21, 2002 that impacts
cities which have non-contiguous annexed property. Lodi falls into
this category. As such, Council, adopted Resolution No. 2002-74 opposing SB 1717. The Resolution
noted that the City Council " ... strongly opposes Senate Bill 1717 due to its extremely intrusive nature
into local control by its attempt to dictate how a city utilizes property, which is legally within its boundary
and owned by that City." With that message, Council Members and staff worked with the League of
California Cities, Senator Machado's Office, and interested parties to amend the legislation. The
legislation was amended on April 16th, April 30th, and June 17' , however the amendments did not fully
address the City's concerns.
It is staff's understanding that Senator Machado is now prepared to present amendments on the Senate
Floor to include the following which City staff find acceptable:
1. Allows for "general sports purposes such as training and competitive sports."
2. Shall not include a shopping center, hotel, motel, or lodging house.
3. Allows for a dormitory or medical facility that exclusively serves individuals participating at the
facilities.
4. Allows for food facilities as defined in Section 113785 of the Health and Safety Code
5. Allows for the construction and operation of electrical generation, transmission, and distribution.
City staff is recommending that Council adopt a resolution, superceding Resolution No. 2002-74,
supporting the proposed amendments to SB 1717 as referenced in the Attachment.
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Jag a ter
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cc: Senator Mike Machado
League of California Cities
Attachment
APPROVED:
H. Dixon Flynn -- City Manager
SB 1717
Proposed Floor Amendments
BILL NUMBER: SB 1717 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 17, 2002
AMENDED IN SENATE APRIL 30, 2002
AMENDED IN SENATE APRIL 16, 2002
INTRODUCED BY Senator Machado
FEBRUARY 21, 2002
An act to amend "^��— Sections 37396 and
56742 of the Government Code, relating to city annexations.
SECTION 1. Section 37396 of the Government Code is amended to
read:
37396. A city, county, or city and county may lease property
owned, held, or controlled by it for not to exceed 99 years, for
stadium, park, recreational, fair, exposition, or exhibition purposes,_
or for general sports purposes such as training and competitive sports.
(b) On and after April 24, 2002, a lease executed pursuant to this
section on territory annexed pursuant to Section 56472, shall not
include a shopping center, hotel, motel, or lodging house, but may
include a lease for all other purposes authorized under this section
including a lease for either or both of the following purposes:
(i) Any dormitory or medical facility that exclusively serves
individuals participating in trainings or competitions held at the
stadium, park recreational, fair, exposition, or exposition purposes.
(ii) Any food facility as defined by Section 113785 of the Health and
Safety Code, food vending, and sales of goods and services incidental
to, and in support of, the purposes of the lease.
, eE ffei feed --s ending -and spar -Ung ftode sales ssCsazr t a x to
the stadium, park, veer-eatden al, fair-, empesit4en, or exh-lbitien
purposes. Ter-ritozy annemed pursuant to Seetien 56742 may net be—
(c) A lease made by a county pursuant to this section is subject to
Article 8 (commencing with
Section 25520) of Chapter 5 of Part 2 of Division 2 of Title 3.
SEC. 2. Section 56742 of the Government Code is amended to
read:
56742. (a) Notwithstanding Section 56741, upon approval of the
commission a city may annex noncontiguous territory not exceeding 300
acres if the territory meets all of the following requirements:
(1) It is located in the same county as that in which the city is
situated.
(2) It is owned by the city.
(3) It is used for municipal purposes at the time commission
proceedings are initiated.
(b) Territory which is used by a city for the reclamation,
disposal, and storage of treated wastewater may be annexed to the
city pursuant to this section without limitation as to the size of
the territory.
(c) If territory is annexed pursuant to this section, the annexing
city may not annex any territory not owned by the city, not used for
municipal purposes, and not contiguous to the city, although the
territory is contiguous to the territory annexed pursuant to this
section.
(d) Notwithstanding any other provision of this section, a city
which annexes territory pursuant to this section may annex additional
territory in the same county as that in which the city is situated
which is owned by the United States government or the State of
California and which is contiguous to the first annexed territory if
the total acreage of the first annexed and the subsequently annexed
territory together does not exceed 300 acres in area. If after the
completion of the subsequent annexation, the city sells any or all of
the first annexed territory, the subsequently annexed territory
shall cease to be part of the city if the subsequently annexed
territory is no longer contiguous to territory owned by the city.
this seetlenis ne—lengerewffied by the elty er is—ne lenger- used €eL-
mun eipal purpeses, that terrltery shall eease to be apart of that
(e) When any or all of the territory annexed to a city pursuant to this section is sold by
the city, all of the territory which is no longer owned
, or- is no lengeF used feF
teFfiter-y shall cease to be a part of that city -i
(2) 7+ J .. l.....,er . ed Lam... ,./ ....r....s .
(f) A city may lease territory annexed pursuant to this section for any of the purposes
authorized pursuant to Sections 37380 to 37396 of the Government Code, as well as
enter into leases for the construction and operation of electrical generation,
transmission, and distribution. If, however, a city enters into a lease on and after April
24, 2002, pursuant to Section 37395, 37396, or any other provision of law, which would
authorize the development of a shopping center, hotel, motel, or lodging house on
territory annexed pursuant to this section, the affected territory shall cease to be a part
of the city.
When territory ceases to be part of a city pursuant to this
section, the legislative body of the city shall adopt a resolution
confirming the detachment. The resolution shall describe the
detached territory and shall be accompanied by a map indicating the
territory. Immediately upon adoption of the resolution, the city
clerk shall make any filing required by Chapter 8 (commencing with
Section 57200) of Part 4.
(g) If territory annexed to a city pursuant to this section
becomes contiguous to the city, the limitations imposed by this
section shall cease to apply.
SSG. 2.
SEC. 3. It is the intent of the Lemislature that none of the changes made in this Act
Sections 37396 and 56742 of the Government Code by this legislation shall affect or
impair the conditions or oblications of any leases which were entered into prior to
April 24, 2002.
S3
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Supporting Proposed Amendments to Senate Bill
1717 (Machado)
MEETING DATE: August 21, 2002
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: That the City Council adopt a resolution supporting proposed
amendments to Senate Bill 1717 (Machado).
BACKGROUND INFORMATION: As noted during the April 3, 2002 Special Council Meeting, Senator
Machado introduced legislation on February 21, 2002 that impacts
cities which have non-contiguous annexed property. Lodi falls into
this category. As such, Council, adopted Resolution No. 2002-74 opposing SB 1717. The Resolution
noted that the City Council " ... strongly opposes Senate Bill 1717 due to its extremely intrusive nature
into local control by its attempt to dictate how a city utilizes property, which is legally within its boundary
and owned by that City." With that message, Council Members and staff worked with the League of
California Cities, Senator Machado's Office, and interested parties to amend the legislation. The
legislation was amended on April 16th, April 30th, and June 17t , however the amendments did not fully
address the City's concerns.
It is staff's understanding that Senator Machado is now prepared to present amendments on the Senate
Floor to include the following which City staff find acceptable:
1. Allows for "general sports purposes such as training and competitive sports."
2. Shall not include a shopping center, hotel, motel, or lodging house.
3. Allows for a dormitory or medical facility that exclusively serves individuals participating at the
facilities.
4. Allows for food facilities as defined in Section 113785 of the Health and Safety Code
5. Allows for the construction and operation of electrical generation, transmission, and distribution.
City staff is recommending that Council adopt a resolution, 6, per^eaing Resel itieR No 2092 74,
supporting the proposed amendments to SB 1717 as referenced in the Attachment.
7atull
. Kee er `
cc: Senator Mike Machado
League of California Cities
Attachment
APPROVED:
H. Dixon Flynn — City Manager
League of California Cities
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: (916) 658-8200 Fax: (916) 658-8240
www.cwAies.org
August 19, 2002
TO: All Assembly Members
FROM: Dan Carrigg, Legislative Representative [916/658-8222]
RE: SB 1717 (Machado) City -Owned Land: Annexation
Notice of Neutral Position, based Upon August 19, 2002, Amendments (Rn#216375)
The League of California Cities has taken a Neutral position on SB 1717 (Machado), as amended August 19,
2002, (RN#216375).
This legislation affects city -owned territory located in county areas, which have been annexed to the city when the
territory is used for municipal purposes, such as wastewater treatment, landfills, and municipal airports. The
current statute is dear that if a city sells some of this territory that the affected territory is no longer part of the
city. However, the law is silent on leases.
This bill clarifies that if cities in the future approve a lease for a shopping center, hotel, motel, or lodging house on
one of these municipal islands, then the affected territory would no longer be part of the city.
To date, we are unaware of examples of cities having approved these commercial uses on municipal islands. We
opposed earlier versions of this legislation out of concern that the language was overly broad and could prohibit
local governments from entering into other leases which benefit the municipal purpose or are ancillary to or in
support of other leases on the property, and we also wanted to ensure that a change in the law applied only to
future leases, not retroactively.
The language in the proposed amendments removes the League's prior concerns about the potential statewide
impact of the language.
We also appreciate the efforts of the author to work with us to develop language to remove our concerns.
cc: Senator Mike Machado
William Weber, Principal Consultant, Assembly Republican Caucus
Mike Gotch, Legislative Secretary, Governor's Office
City of Lodi
RESOLUTION NO. 2002-180
A RESOLUTION OF THE LODI CITY COUNCIL SUPPORTING
PROPOSED AMENDMENTS TO SENATE BILL 1717
(MACHADO)
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WHEREAS, Senator Machado introduced legislation on February 21, 2002 that impacts cities
which have non-contiguous annexed property, which will include the City of Lodi; and
WHEREAS, the Lodi City Council adopted Resolution No. 2002-74 opposing SB 1717, which
stated in part that the City Council " ... strongly opposes Senate Bill 1717 due to its extremely
intrusive nature into local control by its attempt to dictate how a city utilizes property, which is legally
within its boundary and owned by that City"; and
WHEREAS, with that message, Council Members and staff worked with the League of
California Cities, Senator Machado's Office, and interested parties to amend the legislation; and
WHEREAS, the legislation was amended on April 16`h, April 301h, and June 17th, but did not
fully address the City's concerns; and
WHEREAS, staff understands that Senator Machado is now prepared to present
amendments on the Senate'hoor to include the following, which City staff finds acceptable:
1. Allows for "general sports purposes such as training and competitive sports."
2. Shall not include a shopping center, hotel, motel, or lodging house.
3. Allows for a dormitory or medical facility that exclusively serves individuals participating at the
facilities.
4. Allows for food facilities as defined in Section 113785 of the Health and Safety Code.
5. Allows for the construction and operation of electrical generation, transmission, and
distribution.
WHEREAS, City staff now recommends that the City Council adopt a resolution supporting
the proposed amendments to SB 1717 as referenced above.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi does hereby
support the proposed amendments (as listed above) to Senate Bill 1717 (Machado).
Dated: August 21, 2002
I hereby certify that Resolution No. 2002-180 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held August 21, 2002, by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Nakanishi, and Mayor
Pennino
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2002-180