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HomeMy WebLinkAboutItem 5.3 ABAG GenBusinessMtg (2) . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 11, 1994 SUBJECT: written Communication - Association of Bay Area Govern- ments (ABAG) General Assembly Business Meeting Items (Prepared by: Lou Ann Texeira, Asst to the city Manager) ~1) Letter from Revan Tranter, Executive Director, ABAG dated March 4, 1994, and Program Budget & Work Program for FY 1994-95 EXHIBITS: /"2) ABAG' s Proposed Platform on Restructuring Government ~3) League of California cities committee on Local Government Reform Report RECOMMENDATION~ ~onsider proposed dues increase. Review and discuss ~)(l~cal government reform proposals. FINANCIAL With regard to the ABAG FY 1994-95 Budget and Work STATEMENT: Program, the budget includes a per capita dues increase in the amount of 2.5%. This would increase the City's present dues from $3,168 to $3,321 per year. The current dues include a per capita assessment based on population determined by the State Controller, along with a $300 membership fee. With regard to the local government reform proposals, the financial impacts are unknown at this time. The reports are still in draft form. Once the reports have been finalized, staff will conduct a comprehensive cost/benefit analysis of the proposals. DESCRIPTION: The City of Dublin has received a written communication from ABAG Executive Director Revan Tranter, transmitting the ABAG Budget & Work Program for FY 1994-95, along with the ABAG Proposed Platform on Restructuring Government. The ABAG FY 1994-95 Budget (Exhibit 1) includes a per capita dues increase of approximately-2.5%. The proposed dues increase will result in an increase of $153 for FY 1994-95 for the City of DUblin, based on the current population of 25,853. This increase is primarily attributable to Dublin's population growth. In addition to the FY 1994-95 Budget and Work Program, ABAG has also asked the city to consider the attached Platform on Restructuring Government (EXhibit 2). It is increasingly clear that "restructuring" is not simply the latest fad or buzz word. The problems California faces in terms of the changing economy and eVOlving society are truly profound. The Dublin city Council has previously considered several proposals in which the merits of state and local government restructuring are being debated, including first, a report from the State LegiSlative Analyst entitled, Making Government Make Sense, followed by a report from the League of California Cities Committee on Local Government Reform (Exhibit 3). ABAG's ProDosed Platform on Restructurina Government similar to the League's report, the ABAG proposal deals with California's recent economic downturn and dire fiscal conditions in terms of restructuring government, its finances and the public services delivered. The ABAG report was developed by ABAG's own Legislation & Government Organization Committee. The report will be presented at the ABAG General Assembly on April 21, 1994. This platform will serve as a starting point for ABAG;s effort to influence the ongoing restructuring debate and to prevent Sacramento from balancing the state budget with local revenues. ~----------------------------------------~-----------------~---------- COPIES TO: CI~ FILE ~~ ITEM NO. 1j.7 . . Briefly, the ABAG report includes the following principles of reform: I. GOVERNING PRINCIPLES - The governing principles associated with restructuring of local government focus primarily on the following: A. Provide adequate revenue resources to cover program costs; eliminate unfunded mandates, cost shifts and revenue reductions B. Develop a client-based approach to delivery of services C. Redesign programs for greater efficiency, enhanced service delivery and cost control D. Implement administrative streamlining, consolidation and cooperation efforts E. Align program responsibilities; reduce state and federal oversight; and enhance local flexibility II. FUNDING SHIFTS A. Prohibit funding shifts from the state to local levels (general and special tax revenues) III. FUNDING SOURCES - Major funding source issues include: A. Allocation of revenue to local government B. Role of State 1. Aggressively pursue all revenues 2. Aggressively pursue Closing tax loopholes 3. Develop new state tax revenues to finance state responsibilities 4. Appropriately distribute savings reSUlting from administra- tive streamlining 5. Return fines & forfeitures to local government IV. FUNDING PRINCIPLES - The basic funding principles include: A. Decategorize funds used by cities and counties B. Replace the 2/3 voting requirement for various bonds and taxes with 55% or 60% majority vote c. Reconsider Proposition 13 D. State should adopt a multi-year deficit reduction plan E. Revise methods of calculating and COllecting state income tax V. PROGRAM AND SYSTEM REFORM A. Reorganize cities and counties to maximize service delivery B. Re-establish "home rule" C. Eliminate "maintenance of effort" D. Implement various trial court reforms E. Encourage consolidation of various municipal services including fire services F. Standardize and streamline activities, paperwork, etc. Leaaue of California Cities Committee on Local Government Reform Renort As indicated above, the DUblin city council previously reviewed the League's report on local government reform. The League report continues to undergo modifications. The most recent version (Exhibit 3) continues to focus on long term strategies and principles with regard to the structure and finance of local government. Shown below is a recap of the League's basic principles underlying long term solutions: 1. Reduce the amount of government 2. Be revenue neutral 3. Provide rational realignment of services 4. Establish nexus between service needs and available funding 5. Tie revenue to the economy using broad-based taxes 6. Insure that any new structure is understandable In addition to the above long term strategies and principles, the League report also proposes the following recommendations: 1. Maintain current funding levels 2. Implement a multi-year deficit reduction plan 3. Maximize pursuit of federal funds 4. Reduce the vote requirement for general Obligation bonds 5. Enact incentives to downsize government 6. Allow greater flexibility over use of local revenues & administration 7. Implement a state strategic plan 8. Evaluate program effectiveness of regulatory agencies 9. Broaden the tax base 10. Reform benefit assessment laws 11. Revise reorganization laws - Annexations/Incorporations/Spheres of Influence 12. Control actions of other entities through local planning 13. Establish a task force on local permitting authority e . 14. support California Environmental Quality Act (CEQA) Reform 15. Make mandate reimbursement laws meaningful 16. Improve financial reporting 17. Adopt Telecommunications Task Force principles 18. support State audit Summarv In summary, the statewide discussions surrounding the concept of local government reform speak to a broad range of municipal issues. Likewise, in these statewide discussions, and in both the ABAG and League proposals, a number of common principles can be found. Briefly, the common elements contained in the ABAG and League platforms include the following: * Reduce the amount of government * Be revenue neutral * Rational realignment of services (client-based approach) * Establish nexus between service needs and available funding * Improve the existing tax system In addition to comparable underlying principles, both reports include a number of similar recommendations, including the following: o Maintain current funding levels o Implement a state multi-year deficit reduction plan o Maximize pursuit of federal funds o Reduce the vote requirement for general obligation bonds o Enact incentives to downsize or "rightsize" government o Allow greater flexibility over use of local revenues and administration o Evaluate program effectiveness of regulatory agencies o Broaden the tax base/new state tax revenues While both reports include a number also contain several distinctions. each agency are summarized below: of common elements, the two reports The major recommendations unique to AGAB - Provide a reliable source of funding for schools Reconsider Proposition 13 Reexamine methods of calculating and COllecting state income tax Eliminate "maintenance of efforts" requirements Implement trial court coordination reforms Establish time limits on general assistance LEAGUE - Expand sales tax base to cover cost of services Implement a state strategic plan Reform benefit assessment laws Revise reorganization laws annexations/incorporations/spheres of influence Control actions of other agencies through local planning Establish a task force on local permitting authority Support california Environmental Quality Act (CEQA) Reform Adopt Telecommunications Task Force principles Support state audit Recommendations Both the ABAG Platform and the League report are considered working documents and both are currently undergoing modifications. At this time, it is suggested that the City Council discuss the major elements identified in the proposals. If deemed appropriate, the City council should also consider taking a position on the overall proposals and/or specific elements of each plan. Lastly, it is recommended that the City council consider the ABAG FY 1994-95 Budget and Work Program, including the issue of a proposed dues increase. city staff will continue to monitor the status of both reports, along with statewide discussions surrounding the issue of local government reform. e OAB/JG . ASSOCIATION OF BAY AREA GOVERNMENTS Mailing Address: . P.O. Box 2050 . Oakland, CA 94604-2050 March 1, 1994 President Torlakson and Members of the Executive Board Association of Bay Area Governments Ladies and Gentlemen: Budiet Messaie. FY 1994-95 Few people would have envisaged a decade ago that ABAG would today be administering workers' compensation for an injured firefighter, insuring the actions of a police officer chasing a suspect, working to construct a biking and hiking trail around the Bay, raising capital for a group of 25 jurisdictions to fund key capital projects, and sending an environmental training contingent to Taiwan. To survive in today's economy, an institution must be useful, flexible and lean. The programs mentioned above, saving our members and the taxpayers millions of dollars, and carried out by an agency with only half the staff of the late '70s, show an ABAG that fits the '90s. And yet we haven't forgotten our roots. ABAG is still a planning agency, and much of our work underpins the planning of our sister agency the Metropolitan Transportation Commission. We hope to get legislative endorsement of our proposed system of sub- regional planning to deal with the future growth of the Bay Area. Our finances are tight. In the past two years we have had an overall deficit. Finding the cash to meet payroll expenses twice each month is a challenge. Membership dues have not been changed for three years. After discussing the matter with our Finance Committee, I am recommending that the per capita, dues be increased by 2.5 percent. Our staff appreciate your past confidence and support, and that of our General Assembly. We look forward to joining with you again, both to save the taxpayers money and to keep the Bay Area a desirable place to work and live. Re n A F. Tranter Executive Director Representing City and County Governments of the San Francisco Bay Area Joseph p, Bort MetroCenter . Eighth & Oak Streets. Oakland. (510) 464-7900 . Fax: (510) 464-7970 It . ASSOCIATION OF BAY AREA GOVERNMENTS Proposed BUDGET AND WORK PROGRAM Fiscal Year 1994-95 This Budget and Work Program was prepared under the direction of ABAG Executive Director Revan Tranter, with primary assistance from Joseph Chan, Cathryn Hilliard, Eugene Leong and Marcia Loss 3-1-94 . TABLE OF CONTENTS Key Policy Guidance and ABAG Highlights Executi ve Board.............,..................., ............... ........ ............. ........ ............ ............................ ................................ i Finance & Personnel Committee .. ... ........ ...........................,..............,...... ............ .......................... ....................... ii Executive Director's Budget Message .............................................................................................................,.....1 Summary of ABAG Services and Accomplishments ............................................................................................3 Financial Highlights Fiscal Year 1994-95 Operating Budget: Revenues and Expenditures for Fiscal Years 1991-92 through 1994-95 ............................................................................................................ 7 Fiscal Year 1994-95 Operating Budget: Details of Revenues for Fiscal Years 1991.92 through 1994-95 ............................................................................................................ 8 Operating Budget By Program Fiscal Year 1994-95 ............................................................................................. 9 Fiscal Year 1994-95 Operating Budget: Revenues ..............................................................,..............................10 Fiscal Year 1994-95 Operating Budget: Expenses .............................................................................................11 Comparison of Revenues by Funding Source, Fiscal Years 1991-92 through 1994-95 ................................................................,...............................................12 Proposed FY 1994-95 Schedule of Assessments ................................................................................................. 13 Work Program Work Program FY 1994-95 Funding Notes ......................................................................................................... 16 Regional Planning............................................................. ................................................................................... 17 Information and Data Analysis Planning Services - Plan and Project Review _ Implementing Adopted Growth Management Platform _ Modifications to California Environmental Quality Act - Bay Area Economic Forum (BAEF) - Revised Housing Needs Determination Process - Water Quality . Hazardous Waste Air Quality Bay Trail Implementation San Francisco Estuary Project Earthquake Safety Intergovernment Computer Network Education and Other Service Programs ..,..............................................,.............................................................20 Training Center HAZMACON/Pacific Recyclers Exposition CivNet Conference Other Conferences Technical Assistance/Data Center/Publications California Office of Emergency Services Support Financial Services ABAG PLAN Corp. Workers' Compensation Administration Tobacco-Free Education Project Intergovernmental Coordination and Agency Management ................................................................................ 22 Public Affairs Intergovernmental Coordination Legislation Agency Management EXECUTIVE tllARD Supervisor Tom A. Torlakson, President (County of Contra Costa) Mayor Peter W. Snyder, Vice President (City of Dublin) Supervisor Mary Griffin, Immediate Past President (County of San Mateo) e COUNTY OF: OFFICIAL REPRESENTATIVE Alameda Supervisor Mary King Supervisor Gail Steele Contra Costa Supervisor Tom A. Torlakson Supervisor Gayle Bishop Marin Supervisor Brady Bevis Napa Supervisor Paul Battisti San Francisco Supervisor Willie B. Kennedy Supervisor Carole Migden San Mateo Supervisor Mary Griffin Supervisor Ted Lempert Santa Clara Supervisor Dianne McKenna Supervisor Rod Diridon Solano Supervisor William 1- (Bill) Carroll Sonoma Supervisor Tim Smith CITIES IN THE COUNTY OF: Alameda Mayor Peter W. Snyder (Dublin) Mayor Michael Sweeney (Hayward) Contra Costa Council member Gwen Regalia (Walnut Creek) Mayor Jane A. Bartke (El Cerrito) Marin Councilmember Robert Ponarrow (Belvedere) Napa Mayor Ed Solomon (Napa) San Francisco Mayor Prank Jordan Kent O. Sims, Mayor's Off. of Econ. Planning Supervisor Barbara Kaufman San Mateo Mayor Pro Tem Doris Morse (Millbrae) Councilmember Frank J. Pagliaro, Jr. (Burlingame) Santa Clara Councilmember Karen Anderson (Saratoga) Councilmember Paul V. Kloecker (Gilroy) Solano Mayor Richard Brians (Dixon) Sonoma Councilmember David F. (Dave) Berto (Santa Rosa) City of Oakland Councilmember Nate Miley Vice-Mayor Richard (Dick) Spees Councilmember Dezie Woods-Jones City of San Jose Councilmember Trixie Johnson Councilmember Joe Head Councilmember Charlotte Powers 3/1/94 ALTERNATE Supervisor Keith Carson Supervisor Edward R. Campbell Supervisor Tom Powers Supervisor Jeff Smith Supervisor Annette Rose Supervisor Mike Rippey To Be Appointed Supervisor Sue Biennan Supervisor Michael Nevin Supervisor Michael Nevin Supervisor Ron Gonzales To Be Appointed Supervisor Barbara Kondylis Supervisor Michael Cale Mayor Mark Green (Union City) Mayor Cathie Brown (Livermore) Councilmember Gretchen W. Mariotti (Pinole) Councilmember Joyce Hawkins (Orinda) Councilmember Doug Wilson (Fairfax) CounciImember Tom Orlando (American Canyon) Stuart Sunshine Gail Goldman, Mayor's Off. of Business To Be Appointed Vice Mayor Claire L. Mack (San Mateo) Mayor Madolyn L. Agrimonti (Daly City) Councilmember WiIlem Kohler (Saratoga) Council member Gary Fazzino (Palo Alto) Mayor David A. Fleming (Vacaville) Mayor Anthony L. Cermak (Sonoma) Councilmember Sheila Jordan Councilmember Sheila Jordan Councilmember Sheila Jordan Vice Mayor Blanca Alvarado Councilmember Margie Fernandes Council member Frank Fiscalini e e FINANCE & PERSONNEL COMMITTEE Supervisor Mary King (Alameda County), Chair Mayor Pro Tern Doris Morse (Millbrae), Vice Chair Supervisor Bill Carroll (Solano County) Supervisor Rod Diridon (Santa Clara County) Councilmember Paul Kloecker (Gilroy) Vice Mayor Richard (Dick) Spees (Oakland) Ex-Officio Members: Supervisor Tom A. Torlakson, Presdent (Contra Costa County) Supervisor Mary Griffin, Immediate Past President Mayor Peter W. Snyder, Vice President ( Dublin) 3/1/94 ii e . Summary of ABAG Services and Accomplishments OUR MEMBERS GET HIGH-CALIBER SERVICES AND PROGRAMS In 1993: . ABAG and its member cities and counties worked together to protect local government revenue. As active campaign partners, our members contributed to the successful passage of Proposition 172 to retain the 1I2~ sales tax to pay for public safety programs. . More than $48 million was raised to help local jurisdictions finance their projects. In addition, through the ABAG Finance Authority for Non-Profit Corporations, we helped counties and cities provide some $150 million in financing to not-for-profit agencies offering vital services in their communities. ABAG also launched SABR (Special Assessment Bond Round-up), issuing its first pool for six jurisdictions totalling over $60 million. Cumulatively, ABAG's Financial Services programs have provided local jurisdictions with almost half a billion dollars for projects, such as buildings and equipment. . The ABAG PLAN Corporation, our 29-member cities' self-insurance pooling program, returned $1.6 million in equity to its members in July because the cities were able to hold down the number of general liability claims. This program has received national recognition for its financial stability and risk prevention programs. Since 1990, ABAG PLAN has returned $8.9 million in premiums to its members for effectively controlling their losses. During these tight budgetary times, our members have turned their insurance expenditures into an insurance investment revenue for their cities. . The Workers' Compensation service made noteworthy strides by adding new member agencies -- the cities of Belmont, Benicia, Burlingame, Daly City, Redwood City, the East Bay Municipal Utility District and the Golden Gate Bridge, Highway & Transit District. Altogether, 23 agencies saved money by having ABAG administer their workers' compensation claims and provide information on better cost management. Among services provided in the past year was a series of informational seminars focused on timely issues, such as medical cost control and understanding the new workers' compensation law revisions recently adopted by the California legislature. . Projections 94, the latest in ABAG's biennial forecasts for the region, was released by the Regional Data Center. The forecasts incorporate the latest Census and economic data, including the impact of the economic downturn on projected jobs and employed residents. In addition, the Data Center continuously assembled and released Census figures to local governments as soon as they became available. Workshops explaining the stream of Census data were well attended by local officials. The Data Center released a short-term economic forecast and the long-term projections at separate conferences. 3 e e . The ABAG General Assembly last March initiated a STOP/GO campaign and overwhelmingly adopted a resolution to STOP the property tax transfer away from local governments as part of the State's budget process. ABAG helped organize a statewide campaign that resulted in rallies including more than 5,000 local government and community-based organization representatives on the steps of the Capitol in Sacramento. The next phase was GO (Government Overhaul). The November General Assembly delegates passed a resolution calling for a study of all restructuring proposals, resulting in recommendations to the Governor and Legislature with ABAG in a lead role representing the position of its members. . The Regional Planning Committee and staff continued to work on reforming California's Environmental Quality Act, the housing needs allocation law, and implementing subregional planning. The goal is to make local government work better by saving money, reducing redundant or unnecessary documentation and procedures, rewarding jurisdictions for producing housing, and giving cities and counties leeway to form subregional strategies and the tools to carry them out. . ABAG staff prepared a guidebook illustrating what cities and counties can do individually and collectively to improve air quality. Entitled "Improving Air Quality Through Local Plans and Programs," the guidebook emphasizes measures that decrease the number and length of automobile trips. A series of workshops are being planned to introduce the publication to local planners and policy makers. . Through the Joint Air Quality Policy Committee and the Executive Board, ABAG worked with BAAQMD and MTC in completing the State Implementation Plan revisions for the region, as required by the federal Clean Air Act. The plans submitted note the region's clean air accomplishments and request redesignation to "attainment" status for meeting the federal clean air standards. . The Hazardous Waste Capacity Allocation Committee worked with the State Legislature to obtain passage of a bill, by Assemblymember Campbell, requiring the Department of Toxic Substances Control to review Bay Area county hazardous waste plans which had previously been submitted to the State. In the coming year, the committee will work with the newest waste generation data released by the State in order to adjust or revise the Regional Capacity Allocation Plan as appropriate. . ABAG's Earthquake Preparedness Program started two major projects in 1993. The first will improve 1992 estimates of the impact of future earthquakes on the region's housing supply. Estimates of the shelter and other mass care needs will be made. ABAG staff will also be working with cities and counties to improve their local programs for encouraging retrofitting of housing to minimize earthquake losses. This work is being funded by the National Science Foundation. In the second project, ABAG is working to develop ways to provide earthquake hazard maps, both on paper and in computer files, to local governments. This project is mainly funded by the U.S. Geological Survey. 4 e . . ABAG staff authored a comprehensive handbook for local governments on seismic retrofit incentive programs. Designed to help local jurisdictions develop their own programs, the handbook provides extensive case studies from 17 California cities. It also includes a discussion of possible financing sources, California's legislative activity in this area, and an analysis of liability considerations. Half-day workshops were held to assist cities and counties to develop seismic retrofit incentive programs for oWners of seismically hazardous structures. . HAZMACON completed its 10th anniversary presentation concurrently with the Pacific Recyclers Expo. The 10,000 registrations were the largest so far, and the conference has become an important venue for state regulatory agencies to inform local governments and businesses about recent and pending regulations on hazardous materials arid waste management. Recognizing that public employees and private businesses need to be efficient with their time, Pacific Recyclers Expo will be now held as part of HAZMACON. . The ABAG Training Center began offering quarterly hazardous waste operations training for local governments, as well as continuing to provide a wide array of specialized training on "land use, financing, hazardous waste and environmental issues. . The San Francisco Bay Trail, a riding and hiking trail around the San Francisco and San Pablo Bays, is now 40 percent complete. ABAG assisted localities in securing $9.25 million in acquisition and construction funds for the project this past year. . The five-year San Francisco Estuary Project completed its Comprehensive Conservation and Management Plan. The Plan has been approved by Governor Wilson and EP A Administrator Carol Browner. ABAG continued to provide administrative and technical support for this joint EPA, State and.regional project. Local elected officials have been represented on the Management Committee throughout the program. Implementation will begin in 1994. WE ARE YOUR REGIONAL PLANNING AGENCY . ABAG, owned and operated by the Bay Area's local governments, has been designated by the state as the regional planning agency for the Bay Area. . The state uses ABAG's populationlhousing/employment projections in determining certain project grants and allocations. We work carefully with our members to prepare these figures. . The Housing Needs Determination is produced as required by state law to provide local jurisdictions with important information for their housing goals. In the past few years, ABAG assisted members in defending their housing plans before the state Housing & Community Development agency. ABAG is advocating a legislative proposal developed by its members to improve the State's housing law and re-orient it to encourage and reward housing performance. The results of this work were incorporated into the language for AB 1499 (Campbell), the Regional Housing Needs Bill. ABAG continues to work on behalf of , 5 e e local governments with the California Association of Councils of Governments (CALCOG) and the author to shape the final version of the bill. . Along with MTC and the Bay Area Congestion Management Agencies. ABAG is coordinating transportation planning activities to strengthen the linkage between transportation and land use at local, subregional and regional levels. . By federal law and state designation. ABAG is the regional water quality planning agency and co-lead agency for federal air quality planning in the Bay Area. ABAG works with the Bay Area Air Quality Management District and the Metropolitan Transportation Commission to develop regionwide air quality plans. . ABAG is the state-designated Areawide Clearinghouse for review of federal grant applications. WE PROTECT LOCAL CONTROL The ABAG General Assembly adopted. by an overwhelming majority. a IS-point Platfonn on Growth Management that includes these two key components: . The planning process in California should be broadly coordinated and integrated at the state. regional, subregional and local levels. Regional. subregional and local planning will be most effective if the State first coordinates its oversight so as to provide clear and consistent planning-related goals and programs. A primary focus should be on reorganization of responsibilities for efficiency and on consolidation and streamlining at all levels. The process for achieving this integration should be derived with input from all levels of government. . Governance is handled best at the closest level to the governed. Thus the planning process should be structured so that local issues are handled locally in general plans. subregional issues are handled at a county or other subregional level and regional issues only are handled at the regional level. Moreover. greater efficiency and effectiveness in the planning process is desired, not a new layer on top of existing agencies. These features encapsulate the approach ABAG is taking to protect the interests of local governments in the rapidly changing political environment of California. Assemblymember Valerie Brown introduced AB 398, the San Francisco Bay Area Coordinated Planning Bill. Its original language was based on ABAG's Growth Management Platform. We continue to monitor the bill for consistency with ABAG's approach and offer amendments as necessary. 6 ABAG FISC'L YEAR 1994-95 OPERA~G BUDGET REVENUES AND EXPENDITURES FOR FISCAL YEARS 1991-92 THROUGH 1994-95 1991-92 1992.93 1993-94 1994-95 REVENUE SUMMARY ACTIJAL ACTIJAL ESTIMATED PROPOSED (See next page for details) Federal Contracts 1.184,677 1.572.561 1,198,692 1,163,749 State Contracts :no,242 338,648 347,123 275,000 Other Contracts 85 uno 864,726 802,751 815,636 Service Programs 2,631,796 2,822,815 3,394,161 3,703,000 Membership Dues 928,300 935,598 937,913 977,232 Total Revenues 5,926,825 6,534,348 6,680,640 6.934,617 EXPENSES & CHANGE IN GENERAL RESERVES Salaries and benefits 3,246,539 3.517,575 3,953,000 3,997,000 Legal and sub.contractors 1,058,983 1,083.969 715,116 820,500 Equipment and supplies 157,960 114,729 145,000 150,000 Outside printing 264,586 379,035 350,000 360,000 Conference & program facilities 184,405 217,279 220,000 295,000 Depreciation 270,256 262,110 280,000 285,000 Interest 152,037 116,329 125,000 135,000 Building maintenance 124,703 147,460 170,000 180,000 Utilities 3..\,369 32,564 42,000 45,000 Insurance 77,659 65,259 80,000 90,000 Postage 11 '),426 194,519 210,000 220,000 Telephone 7'-),260 74,139 80,000 90,000 Audits 39,784 44,109 46,000 47,000 Board/committee per diem 29,775 39,450 40,000 41,000 Other 177 ,431 183,265 .181,000 157,000 Increase (decrease) (90,348) 62,559 43,524 22,117 in general reserves Total Expenses & Change 5,926,825 6,534.348 6,680,640 6,934,617 in General Reserves 7 ABAG FISC! YEAR 1994-95 OPERATtG BUDGET DETAILS OF REVENUES FOR FISCAL YEARS 1991-92 THROUGH 1994-95 1991-92 1992-93 1993-94 1994-95 REVENUES ACTUAL ACTUAL ESTIMATED PROPOSED FEDERAL CONTRACTS EPA 205G) 36,296 25,540 0 0 EPA. SFEP 591,586 84~,385 357,061 200,000 MTC.FrA 103,778 122,866 104,112 114,435 MTC.FHWA 405,440 571,533 607,519 576,314 NSF 9,296 0 100,000 93,400 FEMA 38,281 9,237 0 0 USGS 0 0 30,000 29,600 Other 0 0 0 150,000 Subtotal 1,184,677 1,572,561 1,198,692 1,163,749 STATE CONTRACTS OES 167,834 116,781 125,641 150,000 OSHA 0 25,685 24,371 0 DHS 162,408 191,311 141,982 125,000 SWRCB 0 4,871 55,129 0 Subtotal 330,242 338,648 347,123 275,000 OTHER CONTRACTS MTC . IDA 466,794 510,338 533,840 560,136 MTC . Bay Trail 96,561 114,974 147,911 150,000 Haz Waste MOU Committee 57,384 57,384 57,400 57,000 Earthquake/Haz Mat 28,000 6,276 10,500 10,000 BAAQMD 33,473 60,651 53,100 38,500 ABAHO 55,200 40,103 0 0 Private Sector Foundations 114,398 75,000 0 0 Subtollll 851,810 864,726 802,751 815,636 SERVICE PROGRAMS Data Center 128,214 151,677 80,000 100,000 Publications 36,931 34,213 25,000 28,000 Training 98,144 139,140 125,000 125,000 HAZMACONlRecycling 716,254 755,293 765,000 787,000 Financial Services 130,989 100,332 150,000 148,000 Workers ComplBenefits Trust 580,861 737,645 1,262,000 1,310,000 ABAG PLAN Corp. 673,703 733,235 795,711 958,000 Conference Services 27,363 22,340 77 ,000 100,000 Other 239,337 148,940 114,450 147,000 Subtollll 2,631,796 2,822,815 3,394,161 3,703,000 MEMBERSHIP DUES ABAG Dues (local and cooperating) 928,300 935,598 937,913 977,232 TOT AL REVENUES 5,926,825 6,534,348 6,680,640 6,934,617 8 :E CI a: c:J o a: ~ >- m ... IU c:J ~ ~." men . c:J~ zen _en ....... 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Federal and State 12 e PROPOSED FY 1994-95 SCHEDULE OF ASSESSMENTS e Assessments "The annual assessment for members of the Association shall be based upon population as determined by the State Controller in making the most recent allocation to cities and counties pursuant to California Revenue and Taxation Code Section 11005, except that, beginning in 1987-88, in the case of newly incorporated cities, until such time as an official census is conducted and population established therewith, the population as estimated by the Executive Director shall be used for assessment purposes." [ABAG Bylaws, Article IX. D.] Annual Membership Fee "The membership fee shall be uniform for all members of the Association and shaH not be less than $10.00 per month or $120 per year." [ABAG Bylaws, Article IX.F.] PROPOSED SCHEDULE OF ASSESSMENTS (INCLUDING $300 MEMBERSIDP FEE) JURISDICTION POPULATION 12-03-93 COUNTY OF ALAMEDA Albany Berkeley Dublin Emeryville Fremont Hayward Livennore Newark Oakland Piedmont Pleasanton San Leandro Union City 1,337,126 17,324 104,939 25,853 6,205 183,272 121,064 61,782 39,046 382,739 11 ,046 54,348 71,296 56,753 COUNTY OF CONTRA COSTA Antioch Brentwood Clayton Concord Danville El Cerrito Hercules Martinez Orinda Pino1e Richmond San Pablo San Ramon Walnut Creek 855,109 69,572 9,669 8,382 113,227 34,090 23,431 18,618 34,997 17,051 18,172 92,594 26,404 38,880 62,446 13 1993-94 ADOPTED DUES ($) 77,807 2,202 11,708 3,168 986 17,133 12,744 7,014 4,685 28,229 1,535 6,279 8,104 6,594 52,554 7,791 1,303 1,214 12,360 4,056 2,928 2,366 3,996 2,223 2,253 10,600 3,310 4,426 7,292 ~~;' ;{Jo ;:/. ~~'~':':(~; ?+y ~:~\{ :';~::;.: :~'T~:~'~: ,..' ".' '!,?~4~?:$.,:,:: "',PROPOSED'; ''C,',': :':".::+"j)'uES'!:r::;,,' . ", .$" ... '.,0, ".. ."". ..". ,,' , " , " ,,>:::\:.,f ,J.:,::!x:: :~J~q~:7::':.:. ";~;<<1~~!iI~~Ji~~~] >>: ,..," . ...:: ~": ,. >:^" e e PROPOSED SCHEDULE OF ASSESSMENTS (INCLUDING $300 MEMBERSlDP FEE) . :'1",,'. . ......i994.g~;/:t\:i .....PROPOSED\>..> .I)PES"'" i;~~) ...:. . ..:....'il'.5~:,<~. "j~~ij~', ~!~~~~i~ ...,. :>.,...6;37?t'J..L . '1.16&... '. '. ..... ...,;:~.2?~i;:;(.:;:: 1993w94 POPULATION ADOPTED JURISDICTION 12w03w93 DUES ($) COUNTY OF MARIN 241.265 20,762 Belvedere 2,214 548 Corte Madera 8,459 1,252 Fairfax 7,177 1,107 Larkspur 11,917 1,638 Mill Valley 13,456 1,807 Novato 48.897 5,845 Ross 2.238 548 San Rafael 52.122 6,096 Sausalito 7,430 1,126 Tiburon 8,030 1,189 COUNTY OF NAPA 116,918 12,496 American Canyon 8,400 1,223 Calistoga 4,619 819 Napa 65,569 7,551 St. Helena 5.332 881 Y ountville 3,484 687 CITY & COUNTY OF SAN FRANCISCO County 752.069 46,823 City 46.823 COUNTY OF SAN MATEO 680,885 43.714 Atherton 7,272 1,120 Belmont 25,056 3,118 Brisbane 3,105 648 Burlingame 27,831 3,413 Colma 1,160 431 Daly City 98.316 11.039 East Palo Alto 24,472 3,074 Foster City 29,249 3,572 Half Moon Bay 10.141 1,426 Hillsborough 11,060 1,540 Menlo Park 29,407 3,591 Millbrae 21,125 2,670 Pacifica 39,080 4,695 Portola Valley 4,293 781 Redwood City 69,917 8,021 San Bruno 40,275 4,814 San Carlos 27,147 3,346 San Mateo 89,355 10,089 S. San Francisco 56,613 6,642 Woodside 5,247 886 14 . ...... . "12,96'1' . ... 1.282 .....840 ~~{~~~*~! ~.1 r;~i';i:::':':;:.;'?~~i:~~~01';::'::i : 3~228'<" . 663>:.. il'~13"~'1. ~601:.,;i: ':n.,,",,' :..:.....::.... ..:......:.:.~.:~~.:;...~.... .~:l.;.::::::+.:;..;.:'(.:~:~~~:,t"...h. .,. .....;.;';:::::~:~~:.;.i;:;:... . <: "':'802.: .::. . ..:8.34:?;:.~":: .'. '5006'" .. .. .....:::.+:.'3.:47i/y:. ....,: )0.499 > ': ....: :;.....,..~.l~~;..:..:.... .' .. :', .. .~~~:: /" ,': ;. . . ,.. ',' PROPOSED SCHEDULE OF ASSESSMENTS (INCLUDING $300 MEMBERSIDP FEE) 1993-94 ADOPTED DUES ($) e e JURISDICTION POPULATION 12-03-93 COUNTY OF SANTA CLARA 1,563,800 89,385 Campbell 37,105 4,458 Cupertino 41,827 4,983 Gilroy 32,695 3,938 Los Altos 27,040 3,346 Los Altos Hills 7,680 1,161 Los Gatos 28,175 3,459 Milpitas 56,671 6,498 Monte Sereno 3,288 675 Morgan Hill 25,703 3,157 Mountain View 70,047 8,040 Palo Alto 57,324 6,684 San Jose 822,013 50,761 Santa Clara 96,361 10,852 Saratoga 28,390 3,499 Sunnyvale 122,149 12,918 COUNTY OF SOLANO 369,522 27,529 Benicia 26,812 3,306 Dixon 11,824 1,614 Fairfield 85,921 9,745 Rio Vista 3,693 710 Suisun City 24,029 2,986 Vacaville 80,919 9,226 Vallejo 115,873 12,493 COUNTY OF SONOMA 416,278 29,781 Cloverdale 5,409 902 Cotati 6,455 1,001 Healdsburg 9,763 1,402 Petaluma 45,709 5,401 Rohnert Park 38,904 4,657 Santa Rosa 123,806 12,893 Sebastopol 7,367 1, 130 Sonoma 8,607 1,259 Windsor 15,500 1,856 TOTALS $926,418 DUES RATES First Second Next Remaining Pop. Actual 0.114 0.108 0.074 0.053 50,000 50,000 1 00,000 15 e e WORK PROGRAM Fiscal Year 1994-95 Funding Notes Regional Planning - Growth and Development and Environmental Management (;: Priority Programs for ABAG Dues and MTC Planning Funds Information and Data Analysis Plan and Project Review Implementing Adopted Growth Management Platform Modifications to California Environmental Quality Act Bay Area Economic Forum (BAEF) (;: Federal and State Funded Programs Revised Housing Needs Determination Process Earthquake Safety* Air Quality Water Quality* Hazardous Waste San Francisco Estuary Project* Tobacco-Free Education Project Bay Traillmplementation* Local Government Services (;: Enterprise Programs - Primarily Self-Supporting Training Center Conference Services Data Center HAZMACON Pacific Recyclers Exposition Intergovernment Computer Network* Technical Assistance/Data Center/Publications Financial Services ABAG PLAN Corp. Workers' Compensation Administration Intergovernmental Coordination and Agency Management o Priority Programs for ABAG Dues Public Affairs Intergovernmental Coordination Legislation Agency Management * ABAG Dues provide local match 16 e e REGIONAL PLANNING Over the years ABAG has established a broad base of staff expertise in policy development and implementation assistance for many program areas. These capabilities are primarily focused on assisting local governments in coping with complex regional trends and issues, as well as providing MTC with in-depth analysis of relationships between land use and transportation plans and projects and comprehensive planning issues at the local, subregional and regional levels. Information and Data Analysis(1) - Maintaining the economic, demographic and land use data base for the region is a critical ABAG responsibility. The data base is the foundation for developing models that assist MTC, other regional, state and federal agencies, local governments, congestion management agencies and the private sector in analyzing and determining the impacts of growth or change on the local economy; the fiscal viability of the governments is affected by change, as are the corresponding impacts on the physical infrastructure (transportation and wastewater treatment facilities) that support economic development in the region. Staff continues to focus on updating and expanding the data base used for analysis and forecasts. This task is essential to maintaining the quality of information produced at ABAG, and crucial for policy analysis. The region's economy is moving into a critical period of slowing economic growth that will continue for several years. The recession has cost the Bay Area 120,000 jobs since it began in 1990. In December 1993, the latest revisions to ABAG's 10ng-teml economic and population forecast were released to local governments and the private sector. During the coming year, staff will also focus on expanding assessments of major regulatory, land use and transportation projects in the Bay Area. PlanninS! Services(l) The following programs summarize priority planning activities. They include a number of interagency projects carried out with local, regional and state agencies and the private sector. Plan and Project Review(1) - Review of Federal grant applications continues under procedures for State and Areawide Clearinghouse Review established by the state to replace the former A-95 system. The review staff also sends staff-to-staff letters on draft environmental documents. These letters comment on the adequacy of information provided to local decision makers regarding concerns embodied in Regional Plan policies adopted by the General Assembly. The Clearinghouse staff heads an interagency review team (representatives from MTC, Caltrans, BAAQMD, and BART) which meets twice a month to exchange information on proposed major developments and coordinate comments. In addition, specific assistance is provided to MTC in reviewing the Annual Element of the Regional Transportation Improvement Program for consistency with adopted regional policies for growth and development. Implementing Adopted Growth Management Platform (1) In FY 1992-93 the General Assembly endorsed a "Growth Management Platform". It establishes organizational policies 17 e e dealing with coordinated/integrated planning, subregional and regional responsibilities, conflict resolution, fiscal reform and housing. MTC and ABAG have agreed to develop a planning strategy which improves the efficiency and cost-effectiveness of existing activities, coordinates development and conservation policies, emphasizes both subregional and regional planning and decision making and provides financial and other incentives to achieve compliance with regional and subregional goals and strategies. This planning effort includes working with each county's congestion management agency. Modifications to California Environmental Quality ActC\) - ABAG's Regional Planning Committee and Executive Board developed suggested changes to the California Environmental Quality Act to streamline procedures without sacrificing its purpose. Although the legislature addressed some of ABAG's concerns in laws. developed and signed by the governor last year, more changes are needed and will be pursued this year Bay Area Economic ForumC!) The economic development program, cosponsored by ABAG and the Bay Area Council, continued to build on its successes in its fifth year. The Forum, most recently, has been focusing on comparative advantage to provide a framework for economic development in the Bay Area. Revised Housing Needs Determination Process(3) - The primary emphasis of ABAG's housing program is on providing input to local jurisdictions in meeting the need for an increase in the supply and affordability of housing. Under state law ABAG is responsible for determining the regional need for housing, and each locality's share of that need, for households at all income levels. During this last year, ABAG initiated a reform proposal to the housing needs determination process. This proposal establishes a performance-based system with incentives to localities which show a record of success in providing their "fair-share" of housing. This year staff will actively promote legislative reform. Water Quality(3) - Activities since 1978 have focused on implementing the Regional Water Quality Management Plan for the San Francisco Bay Area. A project begun in 1993 and scheduled for completion in December 1994 is the updating of ABAG's Manual of Standards for Erosion Control Measures at construction sites. This effort, funded partially by a Sec. 205(j) Clean Water Act grant, will produce a newly relevant document essential to cities' and counties' compliance with new federal and state stormwater runoff regulations. Hazardous Waste(3) - ABAG continues to assist counties in implementing countywide hazardous waste management programs. The memorandum of understanding with all nine Bay Area counties uses the committee process to assess and adopt "fair share" allocations of wastes implementing regional and county hazardous waste management plans. The counties and ABAG have made hazardous waste minimization their number one priority and have presented educational programs along with disseminating materials to local governments aiding them in the process of reducing hazardous waste. 18 e . Air Qualitv(3) -During the year, ABAG worked in cooperation with the Bay Area Air Quality Management District (BAAQMD) and Metropolitan Transportation Commission (MTC) to prepare, adopt and submit revisions to the State Implementation Plan (SIP). These SIP revisions are required by the federal Clean Air Act. As submitted to the California Air Resources Board for submittal to the U.S. Environmental Protection Agency, the SIP requests redesignation to "attainment" status for the Bay Area--a significant achievement for the region. In the coming year, ABAG will work with BAAQMD and MTC to revise the state mandated Clean Air Plan (CAP) for meeting the far more stringent California air quality standards. The CAP must document and demonstrate ongoing progress in improving the region's air quality. Bay Trail Implementation(3) - The San Francisco Bay Trail Project, staffed by ABAG and jointly funded by ABAG dues and a special allocation by MTC's Regional Measure 1 revenues, has assisted many shoreline cities in obtaining monies to develop the Bay Trail. Last year alone, $9.25 million were allocated to local jurisdictions to construct about 12 miles of Bay Trail around the region. The project has greatly enhanced multi-jurisdictional cooperation, publici private partnerships, and volunteer support for recreational and environmental projects in the Bay Area. The Bay Trail project began in 1989 with the adoption of the Bay Trail Plan and Environmental Assessment and is expected to require a decade to complete. San Francisco Estuary Project(3) - Under Federal legislation, the Environmental Protection Agency is sponsoring a major cooperative study of the current and future conditions of the San Francisco Bay Estuary. The goal of this five-year project was to develop a plan for the comprehensi ve conservation and management of the estuary, including the control of non-point sources of pollutants that degrade it. Other sponsoring agencies include San Francisco Bay Regional Water Quality Control Board (RWQCB), and ABAG. The Plan has been approved by the Governor and EP A administation. ABAG provides a wide variety of administrative, managerial, technical and office support services for the project, which is currently managed by RWQCB and ABAG. The Plan will be implemented beginning in 1994. Earthquake Safetv(3) - Since 1976, ABAG has provided technical assistance to local governments in the use of earthquake information as well as successfully advocating important legislation at federal and state levels. Earthquake hazard mapping, and detailed information about damage potential, have been developed in five projects funded by the U.S. Geological Survey. Additional funding to allow local governments to have increased access to the hazard mapping was obtained from the U.S. Geological Society (USGS). The liability of local governments for earthquake losses has been examined and a similar estimate for the private sector completed. In 1991-92, ABAG completed a program, which began in 1988-89, to guide local government and business programs dealing with hazardous materials and toxic gases in earthquakes. These efforts were funded by the National Science Foundation and the South Coast Air Quality Management District. Staff will continue to update existing hazard maps to reflect information from the October 1989 Lorna Prieta earthquake to the extent funding will allow. An assessment of the effect that earthquake had on the region's economy was completed in 1991-92. The effect of Lorna Prieta on the region's housing was detennined in 1992. That effect is being upgraded and extended to future earthquakes, including the recent Los Angeles quake near Northridge, as part of a current project funded by the National Science Foundation (NSF). 19 e . Intereovernment Computer Network(2) . The world of information management and computerization has reached local governments in varying degrees of implementation. Tremendous opportunities are opening up in citizen access to government information and new efficiencies in the sharing of data among local government agencies. ABAG staff will endeavor to establish a voluntary regional computer network for public agencies through grants, donations and volunteer efforts. To facilitate these efforts, ABAG and the Shirley Heim Organization (SHO) are jointly organizing a conference and tradeshow, CivNet, for February 1995. It is intended to introduce to citizens and local governments the new opportunities in citizen access to government information and new efficiencies in the sharing of data among local government agencies. EDUCATION AND OTHER SERVICE PROGRAMS Trainine Center(2) - Since its establishment, ABAG's Training Center has presented training courses and workshops on a broad range of timely topics. Courses are taught by experts in areas such as housing, water quality, hazardous materials, energy, population. projections and infrastructure financing programs. The curriculum has expanded to include courses in new approaches for public agency management, risk management, effective planning techniques, and other specialized technical topics. Registration fees and training contracts jointly cover the costs of the Training Center. HAZMACON(2) - ABAG's annual Hazardous Materials Management Conference and Exposition was held at the San Jose Convention Center in April 1993 with a registration exceeding 10,000 persons. This three-day event includes conference sessions, training seminars and exhibits. HAZMACON is designed to educate local government and business employees on hazardous materials issues, waste disposal, contaminated sites and new regulations. HAZMACON also serves as an important forum where government and business can meet and discuss issues of common concern. Based upon a survey of needs of over 1,000 attendees, future HAZMACON conferences will also address air pollution, industrial waste and solid waste problems. HAZMACON also will remain in the Bay Area for the foreseeable future. Pacific Recvclers Exposition(2) - The third annual The Pacific Recyclers Exposition (PRE) was held concurrently with HAZMACON '93 and contributed 2,000 persons to the total registration. PRE was created as a technical conference and product exhibition to promote knowledge and understanding of recycling of solid wastes and to help local governments reduce the solid waste stream in conformance to AB 939. To reduce the costs of PRE and to afford potential attendees greater opportunity to participate, PRE will be held as part of HAZMACON in 1994 and beyond. CivNet Conference(2) - To enhance implementation of Bay Area public agencies getting onto the information superhighway, this conference on civic networking will provide a forum for information exchange among policymakers, professionals and the public. (See also Intergovernment Computer Network above.) 20 e e 9ther Conferences (2) _ ABAG offers a broad range of planning and support services for workshops, seminars and conferences. These services include complete "turn key" implementation from initial design and pre-planning to program registration, delivery, folluw-uP, and past-conference evaluation. ABAG has produced conferences, worksbops and training programs for as many as 10,000 people and as few as 25. Technical Assistanc~D)- Drawing on capabilities developed in ABAG's planning programs, technical assistance is made available to local and state governments and the private sector in accord with ABAG's policies on cost reimbursement. Services include: data development and analysis; assistance in developing plans and plan elements; conducting special studies and . demonstrations, and preparing reports. Data CenterD) _ In this continuing program, Data Center staff undertake small area studies under contract and provide Census and other data and analytic services on a cost reimbursement basis. With the results of the 1990 Census, AB AG staff is dispensing information widely to its member agencies in a timely fashion. PublicationsDlMucb of the agency's work is available in reports, technical memoranda, and books. A catalog is available describing ABAG's products and how to order them. ABAG's reports are also available throughout the Bay Area in more than 20 cooperating depository libraries. Financial ServicesD) _ In FY 1983-84 ABAG initiated a cooperative credit pooling program for member governments. The program enables local agencies to finance as a group public capital improvements through taX-exempt certificates of participation. Through this program public agencies are able to save by sharing costs associated with issuing the certificates. In 1987-88, Financial Services were expanded 10 include a medium term capital financing program called PEARL (pooled Exempt Adjustable Rate Leases), followed in 1992 by a similar program known as ELVIS (Exempt Lease Variable Interest Securities). ABAG also has available a program called pRIME (Pooled Rated Investments in Municipal Exempts) which offers long-term financing. In 1993 ABAG launched SABR (special Assessment Bond Round-up) which allows pooled financing of Special Assessment and Mello-Roos Bond issues. ABAG is also assisting with the financing needs uf non-prufit agencies serving our communities. ABAG formed and is serving as administrator of the ABAG Finance Authority for Nonproftt Corporations which acts as issuer on behalf of nonprofit agencies. Other financing options will continue to be added 10 serve the fmancing needs of local governments. In addition to publicizing and expanding these services, ABAG is looking into other ways to meet the financing needs of local government agencies. 21 e e ABAG PLAN Corp.(2) - In 1986, the ABAG Pooled Liability Assurance Network (ABAG PLAN Corporation) program was established. It has saved participants millions of dollars and declared equity distributions to members every year since 1990. PLAN actively promotes municipal risk management among participating jurisdictions and these loss control efforts contributed to the return of tax dollars to these communities. The ABAG PLAN insures 29 Bay Area cities. This year ABAG PLAN members are scheduled to receive an equity distribution of $2.3 million for holding down claims. ABAG PLAN has returned $9.6 million to its members in equity for controlling losses. In the year to come, the PLAN Board of Directors will be developing a police training program to reduce exposure for police liability. This year ABAG PLAN's assets will top $25 million and maintain an actuarial confidence level of 90 percent. ABAG provides professional claims adjusting and financial management for ABAG PLAN. Workers Compensation Administration(2) - ABAG in 1987-88 began a program to provide administration of agencies' workers compensation programs. It now includes 23 agencies. Eighty percent of the professional staff are state-certified workers' compensation self-insurance administrators. Tobacco .Free Education Project(3) - ABAG provides training and technical assistance to groups in the San Francisco and Monterey Bay Areas to develop skills in securing tobacco-free, alcohol-free related funding for special events, particularly multicultural festivals. The project's priority is to support those groups most heavily targeted by the tobacco industry--communities of color, women and youth. We have reached over 200 groups and individuals interested in alternative sponsorships through trainings and presentations which cover why tobacco and alcohol industry sponsorship is a public health issue, as well as the how-to's of the sponsorship seeking process. In January 1994, ABAG co-sponsored a conference about creating healthier alternatives for sports event sponsorships and using sports to deliver a tobacco-free message. The project is made possible by funds received from the Tobacco Tax Health Protection Act of 1988 -- Proposition 99. INTERGOVERNMENTAL COORDINTION AND AGENCY MANAGEMENT Public Affairs(!) - ABAG recognizes the need to involve elected officials, citizens, technical professionals, the private sector and special interest groups in the planning process, and to inform these same groups of the services ABAG can provide. The Public Affairs staff conducts a coordinated communications program which includes the: production and distribution of a government directory, bibliographies, newsletters, rosters, infonnational brochures, fact sheets, and slide-tape presentations; press conferences and liaison with the newsprint and electronic media; maintenance of regional issues infonnation files and mailing lists; organization of General Assemblies, public hearings, workshops, conferences, videos, and meetings of the Executive Board and standing committees; liaison with member governments; production of 22 e e educational programs in cooperation with community organizations, and other public agencies and the media; responses to requests for information from the general public, educational institutions, and other organizations and agencies. The staff is also responsible for the ABAG Associates program, advertising and recruiting new private sector members and giving staff support to the Corporate Advisory Committee. Intere:overnmental Coordination(l) - Ensuring coordination with MTC, throughout the year as well as in preparation of the Overall Work Program, continues as a major focus. This close working reIationship is essential to avoid duplication of effort in the use of transportation funds. It also helps ensure that ABAG's comprehensive planning program contributes substantially to making regional transportation planning more cost-effective, efficient and responsive to the needs of the region's commuters, industries and the transit dependent. Coordination with and among local govern merits and regional agencies, the private sector and special interest groups will continue, both directly and through support of ABAG's standing committees, joint policy committees, task forces and advisory committees. Le~islation(l) - ABAG's legislative program will focus this year on: bills that address economic development and job creation. Members of the Legislation & Governmental Organization Committee will work on restructuring government and suggest changes to the current relationship between the State and local jurisdictions. In the second year of this legislative session, ABAG will continue to promote the principles in the Regional Growth Management Platform, adopted by the General Assembly in October 1992; support local governments' efforts to reform the housing needs allocation process; and help streamline the CEQA process. ABAG will continue to support strengthening local government fiscal capacity by developing and co- sponsoring legislation to establish independent, stable revenue sources for local governments. ABAG will also review and comment on other legislation affecting local governments and regional planning in the Bay Area. A2ency Mana~ement(l) - To make most efficient use of scarce resources in meeting needs of member governments; the tasks include monitoring and coordinating of local services, special projects, interagency relations, regional planning, training, legislation and public affairs -~ activities centralized in the office of the Executive Director. Agency management also oversees annual budget preparation and General Assembly, Executive Board, Finance & Personnel, Legislation & Governmental Organization and Administrative Committee support, and the regional planning program. (1) Priority programs for ABAG du~s and MTC comprehensive planning funds (2) Programs expected to be primarily self-supporting (3) Federally or State funded programs 23 . . . . e e ," \, PROPOSED PLATFORM 00" RESTRUCTURING' GOVER~ENT', Association of Bay Area Governments -- March 17, 1994 ITEM 7 A lfo C? d- e e PROPOSED,PLATFORM ON l\ESTRVCTlJRlliG GOVERNMENr Association of Bay Area Governments GOVERNING PRINCIPLES 1. Any proposal to restructure government, by shifting responsibility for -any , program, service or activity from the state to cities and counties, must be accompanied by revenue sources that can provide sufficient funding to cover the." actual costs to local government and which 'are dedicated to that end. Any calculation of costs must provide funding for programs with growing populations which demand more services. 2. Cities and counties must not be subjected to any unfunded mandates or cost shifts, nor should their local revenues be reduced. 3. Restructuring must emphasize a client-based approach to delivery of quality services to the citizens of the state. 4. Restructuring must provide stronger incentives to control program costs, by encouraging the redesigning of programs for greater efficiency and delivery of service, and by allowing cities and counties to retain all savings resulting from local innovation and success. 5. Restructuring must emphasize anministrative streamlining, consolidation and cooperation. 6. ABAG, and other Councils of Governments (COGs) throughout California, already set up as joint powers agencies, may be used by their members to: . o facilitate subregional and areawide cooperative agreements o ensure the- voluntary nature of regional governance and protect home rule. 7. Restructuring must eliminate unnecessary and burdensome state and federal oversight. e e PROPOSED :PLATFORM ON RESTRUCTURING GOVERNMENT Association of Bay Area Governments 8. Restructuring must first assign responsibility for programs on the basis of which governmental unit can best provide the service, then allocate sufficient funds to support those programs. 9. Restructuring must enhance local flexibility and decision-making related to expenditures and program delivery. FUNDING SHIFTS 10. Any amendments to the State Constitution must effectively prohibit the state from shifting locally levied general and special tax revenues either direcdy or indirecdy. FUNDING SOURCES 11. Any amendments to the State Constitution must provide a permanent formula for the allocation of revenue to local governments. 12. The State of California must aggressively pursue all revenues due to the state, including but not limited to, corporate taxes from foreign companies and federal reimbursements, such as: costs related illegal immigration, costs for incarcerating federal prisoners, and costs incurred while a person's SS! status is pending. 13. The State of California must aggressively pursue closing tax loopholes other than those intended to encourage economic growth. 14. Budgetary needs to meet state responsibilities must be financed through new state tax revenues, and not through local revenues. is. When savings accrue at the state or federal level from arlmlnlstrative streamlining, a majority of the savings should be transferred to local service delivery units. e e PROPOSED PLATFORM ON RESTRUCTIJRING GOVERNMENT Association of Bay Area Governments 16. Counties should be permitted to retain their locally collected fmes and . forfeitures and civil court reporter filing fees,and the balance of state general fund support should be allocated-as trial court block grants. -(The trial court budgeting commission should be eliminated.) FUNDING PRINCIPLES 17. Funds that are to be used by cities and counties to deliver services at the community level should be decategorized. 18. The Constitution must provide a reliable source of funding for schools. 19. The 2/3 vote requirement should be eliminated for passage of the state budget and state general obligation bonds, in favor of a lesser super majority of 55% or 60%. . 20. The 2/3 vote requirement should be eliminated for passage of local taxes and general obligation bonds, in favor of a lesser super majority of 55% or 60%. 21. Proposition 13 should be reconsidered. 22. The state should adopt a multi.year deficit reduction plan. 23. The state should examine alterrtative methods of calculating and collecting state income tax, such as applying a set percentage to the federal tax. PROGRAM AND SYSTEM REFORMS 24. Maximum flexibility should be allowed for cities and counties to organize themselves in order to best provide programs and deliver services according to local needs. e e PROPOSED PLATFORM ON RESTRUCTURING GOVERNM;ENT Association of Bay Area Governments 25. Any amendments to the State Constitution must re-establish the historical home rule concept for cities and counties to block encroachment by the state into municipal affairs. 26. The state should eliminate "maintenance of efforts" requirements. 27. Trial court coordination reforms which can provide cost-savings should be encouraged, such as: o electronic court reporting o consolidation of local superior and municipal courts' aclministrative offices and support functions. o where appropriate, replacement of bailiff positions with "court attendants. " '" "direct calendaring" for felony cases, in which a home court handles all charges for each defendant under a single charging document, to prevent duplication and forum shopping. 28. Consolidation of fire services should be encouraged, either entirely in voluntary regional units or according to specialized functions, such as dispatch, fire prevention, hazardous materials response teams, and recruitment and testing. 29. Consolidation of municipal services must be encouraged wherever possible. 30. Time limits should be set on general assistance for able bodied employable persons. 32. A single application form and uniform eligibility requirements should be developed for all state health programs. e e PROPOSED PLATFORM ON RESTRUCnm.ING GO~ENT Association of Bay Area Governments 33. The standards and reporting requirements for public health and community protection activities handled by the following agencies should be streamlined:Cal/EP A,- Health.. Services, Office" of Emergency Services (hazardous materials), Department of Occupational Health and Safety, Housing and Community Development. 34. State and local governments must work together on standardizing forms, reducing paperwork and eliminating requirements for excessive documentation. e . League of California Cities Committee on Local Government Reform INTRODUCTION It is no surprise that the difficult economic times in California have had a direct and detrimental impact on governmental finance and services. The upcoming 1994 Legislative Session marks the fourth consecutive year that the State Legislature and the Governor have faced substantial state budget deficits. The same economic difficulties that plague the state budget have also produced local budget deficits proportionately equivalent to those at the state level. Even prior to the economic downturn we are now experiencing, the fiscal integrity of the state budget was undermined by a "structural" problem that saw expenditures in case load driven programs greater than the projected revenue intake could support. This "preexisting condition," coupled with the severe economic recession, has not only produced huge budget deficits, but it has prompted the elected leadership of California, both at the state and local levels, to make serious inquiries into the governmental structure of this state and the public services delivered. There are several "venues" in which the merits of state and local government restructuring are being debated. The first, and to date perhaps the foremost effort was developed by the Legislative Analyst's Office (IAO) in the report entitled, Making Government Make Sense. That report begips with the premise that the state and local governmental structure in California is "dysfunctional" and proceeds to recommend several very specific, and to some extent monumental, changes in programs and revenue shifts between and among state and local governments. The recommendations are intended to make the various levels of state and local government more accountable and responsible for the programs and services delivered. While there are many solid recommendations in the lAO report, several recommendations have been met by objections from city government officials who argue that cities are more functional than dysfunctional and are better prepared to meet the goals of accountability and responsibility than other levels of government. In addition to the work by the Legislative Analyst, the Assembly has appointed a Select Committee on Restructuring Government, chaired by Assembly Member Valerie Brown, which has held a series of hearings around the state seeking the advice of government officials, academics, and private citizens about how best to deliver public services in California. The Governor appointed his own advisory group called the Local Government Policy Council, which appointed a technical advisory group called the Restructuring Advisory Panel (RAP) to make recommendations on restructuring state and local government. A number of city officials served on that panel. Last, and certainly not least, the Legislature in 1993 passed, and the Governor signed, legislation establishing a CalifonVa Constitutional Revision Commission. Many observers see this commission as a key forum for addressing many of the dysfunctional provisions in M /0 (0,.'?J e e California's Constitution which impede the efficient delivery of public services. The commission is scheduled to issue its recommendations in mid-to-Iate 1995. The problem of state and local government finance/restructuring requires both long-term and short-term solutions. It is critical for any individual Of group examining the restructuring of California state and local government to take a broader perspective than simply that of parochial city, county, school or state government interests. There are many broader societal and public policy questions than those dealt with in city halls across this state. On the other hand, in the short-term, cities have first to survive to be involved in the larger, more long-term public policy problems facing California. Recognizing this short-term/long-term dilemma, the officers and board of directors of the League appointed a League Committee on Local Government Reform to develop initial recommendations for consideration in the League policy process. Those serving on the Committee are many of the same city managers and finance directors who participated in the Governor's RAP. This provided an opportunity to maintain a continuity of ideas and dialogue on the restructuring issue. The charge of the Committee on Local Government Reform is to provide technical advice to the League of California Cities' staff and board of directors regarding: 1. Short-term budget recommendations for 1994-95 and, possibly, 1995-96, and 2. Longer term strategies and principles with regard to the structure and finance of local government. The report of the Committee on Local Government Reform will be reviewed by all policy committees and Divisions of the League. BACKGROUND - WHY RESTRUCTURING? Everyone knows the old admonition, "If it ain't broke, don't fix it." Unfortunately, there is a growing consensus that there is something fundamentally "broken" with the structure and financing of California government today. It is increasingly clear that "restructuring" is not simply the latest fad or buzz word to cross the state. The problems we face with our changing economy and evolving society are truly profound. It is highly unlikely that managing California cities over the next twenty years will be anything like it has been over the last twenty years. We are beyond being able to "fine tune" the system or "tinker" with the peripheral issues around the edges. Moreover, this latest recession has laid bare some basic structural realities. This time we are not going to be able to rely on California's traditional ability to "grow" its way out of these social and economic problems. Tax users are growing faster than tax generators. The shift away from aerospace and defense manufacturing is likely irreversible. Many cities are probably already bankrupt and simply have not yet come to terms with it. 2 e e There has been a constant devolution of private sector entities through mergers, takeovers, shake-outs and failures. Governments, on the other hand, always manage to survive and multiply. Our constituents seldom understand, rightfully so, how this Byzantine "system" of government works. They resent the taxes they pay and refuse to pay more. And, they see most of the indicators of what they consider to be a good quality of life continuing to decline. Too many of our own politicians and journalists have carried "California bashing" to a high art form. We do not intend any part of this report to be taken in that vein. California is still the Golden State. We have natural, human, and economic resources beyond compare. We also have problems, however significant, they are problems which can and must be solved. PRINCIPLES UNDERLYING LONG TERM SOLUTIONS The goal of the Committee on Local Government Reform is to have a "plan" on the issue of restructuring which can be taken to whatever forum or venue is considering the issue--be that the Constitutional Revision Commission, the Assembly Select Committee on Restructuring Government, or whatever other forum. As we set out to develop a plan, it seemed most reasonable that we should set forth some underlying principles which will guide us in the creation of our plan and our evaluation of other plans and proposals as they are brought forward. This section of the report will attempt to set forth those principles developed by the committee and to explain the thinking behind each. 1. Reduce the Amount of Government There is too much government in California. We, in government, need to acknowledge that fact and commit ourselves to be a part of its reduction. California has almost 7,000 units of local government including cities, counties, special districts, school districts, and a multiplicity of regulatory agencies, e.g., air quality management districts, water quality control boards, integrated solid waste management boards. These 7,000 units of local government raise approximately $70 billion arnmally. Those very numbers are a large part of the reason people are resistent to any new taxes and disillusioned by virtually all governmental operations. No one is apt to believe that the current structure is the best way to organize the government of the state! It is, therefore, understandable why any restructuring of local government and rethinking of governmental finance are going to need to address the size before they can earn credibility in the eyes of the people. Any sincere effort on restructuring must commit to the goal of reducing the sheer amount of government in California. In doing so, emphasis should be placed on favoring general purpose government over single or special purpose agencies. 3 e e 2. Be Revenue Neutral Given the Byzantine way taxes are collected and spent, it is impossible to honestly determine whether or not there is enough money to meet the service needs of the state. The opening premise must be that no new revenues be sought until, and unless, a clear determination can be made that the current resources are being used in the best manner feasible. The $70 billion cited above includes all types of taxes, charges, assessments~ and enterprise (e.g., water, sewer, transit fares) revenues. The officials in the bureaucracy can distinguish between items that are clearly "taxes" as opposed to other sources of revenue. However, the average taxpayer seldom makes a distinction. People are not apt to accept new or higher taxes, as long as they are convinced that there is already enough revenue to go around and that the government uses them poorly. In fact, California's overall tax burden ranks about average among all states as a proportion of personal income. Until the time that the case for increased revenues can be made, it is important, and politically realistic, that any reform proposal be "revenue neutral." Certainly, changes to the tax system can and should be made, but the cumulative tax burden on business and individuals must not increase. 3. Provide Rational Realignment of Services Any restructuring of state and local government should first assign the responsibility for programs on the basis of who can best provide the service. The starting point for any such study must b~ the services to be provided and not the boxes on an organizational chart. The assignment of program responsibility should ensure that the assigned level of government is accountable to the public for the performance of those activities. Services should be provided by the level of government that can effectively and efficiently provide those services, and is closest to the people receiving the services. Assignment of program responsibilities should be accompanied by a modification of current law to establish clear performance standards and the responsible level of government should be given the power to achieve the performance standards by whatever means it deems appropriate. Without concurring with the specifics of the reorganization model put forward last year by the Legislative Analyst's Office, the concept being proposed is clearly on target. A fundamental reassessment of which level of government is best suited for providing which specific services must be undertaken. Old paradigms must be set aside and a fresh look should be taken at organization at the state, regional, and local level. 4. Establish Nexus Between Service Needs and Available Funding Once services can be identified and realigned with the most appropriate provider, a reallocation of funding must be made. 4 e e The current separation between revenues and programs is leading to a breakdown of government in California. Officials at all levels of government are less accountable for their actions and can blame the problem on others' actions. Through the transfer of state fiscal problems to local officials, the state has become less accountable for its actions. This has led to decreased understanding by the taxpayer of what level of government is responsible for which services and what the taxes they pay are funding. It is critical that any proposal for restructuring government contain a nexus between revenues and the services provided by each level and entity of government. Program funding responsibility should be consolidated at the level of government that has program control. A reduced reliance on shared revenues or overlapping sources of revenues would decrease the conflict between levels of local government over annexations and development. This would help to restore accountability and responsibility to government and to make government understandable to the average citizen. Combining the control of programs and revenues would have the added benefit of diminishing unnecessary state oversight of local programs and thereby reducing the overall cost of government. 5. Tie Revenue to the Economv Usin~ Broad-Based Taxes Within the context of staying revenue neutral, it is necessary to look at our tax structure to seek greater equity without increasing the net tax burden. Our current tax system is outmoded; it is based on an industrial economy structured to fit a manufacturing-based society. For example, the current sales tax laws date back to 1933 and rely on the taxing of retail sales of tangible goods. This sales tax base fit California well until the mid-1970s when it became evident that California and the United States had become an increasingly service-based economy. The nation's share of personal consumption spent on services increased from 31 percent in 1950 to 51 percent in 19901 Conversely, the percentage of the Gross National Product spent on tangible goods decreased from 57 percent in 1950 to 39 percent in 19901 Clearly one of the most obvious distortions, resulting from the current system of local government finance, is the advent of "cash box zoning." With the continuing trend to take property tax revenue from local government and replace it with sales tax receipts, the state has created a system that rewards cities and counties when they attract high volume retail businesses with minimum wage jobs, such as discount retailers and auto dealers. The current tax system offers local government little incentive for attracting industries with high paying jobs, because the property taxes paid by these industries may not offset the demands for such services as police and fire protection. There will always be concerns about the "fiscalization of land use," however, actions by state and local agencies will never be without consideration of fiscal impacts. Perhaps, the time has come to reconsider the revenue structure so that it rewards actions by local agencies that encourage appropriate development. 5 e e 6. Insure that Any New Structure is Understandable People will rarely accept that which they do not understand. The system of governmental finance in California is clearly not understood by the people. Years of tinkering, without ever undertaking a comprehensive overhaul even though the entire framework for local government finance was drastically altered by Proposition 13, has left the state with an illogical and antiquated tax system. California has evolved into an increasingly complex overlay of governmental jurisdictions and responsibilities. No reform of state and local government finance will succeed if it cannot be done in such a way that people will feel they understand it, and that it is designed for the broadest public good. RECOMMENDATIONS 1. Maintain Current Funding Levels Local governments must be assured that the state will not seek to balance the state budget through further cuts to local governments. It must be recognized that the downturn in the economy that has plagued state revenues is having the same impact on local revenues. The state cannot continue to turn to local agencies to solve its own budget problems. The League recommends that if additional budget problems arise in future fiscal years, the state must deal with those shortfalls within its own budget. The state has made one~ time reductions to cities, counties, and special districts of nearly $1 billion, and permanent reductions of over $4 billion since 1978. This does not take into account the hundreds of millions of dollars of uncompensated program responsibilities shifted to counties. It is untenable to continue reducing the "local" property tax share or to seize a local revenue source as a means of balancing the state budget and justifying it by claiming the state is recapturing the AB 8 bailvout which it can no longer afford. Local agencies contend that the state has already taken all of the AB 8 bail-out and many more dollars. It is time for both "sides" to stop playing this numbers game and finally draw a double line in the ledger book to close that issue. There is no longer any rational or equitable reason for any further revenue shifts, absent a comprehensive reformation of governmental structure and finance. 2. Implement a MultivYear Deficit Reduction Plan The state did not get into their current fiscal problem in a single year and it is unrealistic to try to get out of this dilemma in just one or two years. It would be extremely difficult for the state to immediately cure its past budget practices and adopt a truly balanced annual budget. The state has actually ended the year in deficit for each of the last three fiscal years. The state cannot afford another politically expedient, but fiscally unrealistic, quick fix. 6 .. e e The League recommends that the state consciously implement a multi-year budget approach. In essence, the multi-year deficit reduction plan could be a reasonable method of long-term financial planning and would "buy time" to make the more fundamental reforms which need to be addressed. 3. Maximize Pursuit of Federal Funds The League has had a long-standing policy of pursuing reimbursement for unfunded federal mandates. As an extension of this policy, state and local governments should work aggressively with California's Congressional delegation, the Clinton Administration, and . key Congressional leaders to increase federal funding to California and other impacted states for the costs related to federal immigration policies. The League recommends that the state should also aggressively pursue maximum federal revenue in all eligible areas where financing is currently being provided primarily from state and local funds. 4. Reduce the Vote Requirement for General Obligation Bonds The State Constitution requires that the issuance of general obligation bonds by local governments be approved by a two-thirds, super-majority of the voters. General obligation bonds are repaid over twenty to thirty years by pledging revenue from an increased property tax rate. This two-thirds vote requirement allows a minority of voters to deny the will of the majority. The League recommends that the two-thirds vote requirement for general obligation bonds be reduced to either a majority vote or no more than a sixty percent vote requirement. 5. Enact Incentives to Downsize Government California has almost 7,000 units of local government with approximately $70 billion in revenue annually. These very numbers are a large part of the reason people are resistant to any new taxes and disillusioned by virtually all government operations. The mix of local agencies providing services varies greatly throughout the state. There is no one right way to provide services. In order to more efficiently and effectively provide services, the League recommends the enactment of incentives to downsize, merge, or consolidate local agencies. 6. Allow Greater Flexibility Over Use of Local Revenues and Administration Local governments, especially counties, are faced with requirements to provide specific services with restricted revenues without the flexibility needed to integrate services and revenues to improve outcome. Both the federal and state government have developed new programs designed to solve specific aspects of health care, social service, or public protection problems without regard to how the new programs would fit into existing local 7 e e government organizational structures. Many related programs continue to exist side-by- side, isolated from each other due to federal and/or state inflexibility. For example, health care services include separate and distinct programs within the categories of public health, indigent health, mental health, alcohol and drug, and environmental health services. These health programs are funded by about fifty distinct revenue sources and, for the most part, these revenues can only be expended for very specific services with little or no incentive to integrate services to improve outcome for patients. To achieve the goals of increased flexibility and consequently improved service, the League makes the following recommendations: a. The state should suspend or reduce requirements, such as maintenance of effort provisions in state-sponsored/ county-administered programs, which are impediments to funding services of highest priority to the citizens of the state. In addition, counties should be given full authority to centralize/restructure the administration of county governments with the goal better and more rational delivery of services. b. Local elected officials should be allowed to shape, in the most reasonable manner, public programs under their jurisdiction. City councils and boards of supervisors, that control dependent special districts, should be authorized to shift property tax revenue between entities under their own control in order to use funds for the highest priority programs. c. All statutory and regulatory barriers and impediments should be eliminated to encourage and enable local agreements to consolidate or to operate cooperative progra~s among cities, counties, school districts, and special districts. The League shall pursue this issue by surveying cities to identify specific barriers and impediments. 7. Implement a State Strategic Plan The state has no coordinated plan for the future. Frequently the state's departments work at cross purposes. The League recommends the adoption of a state strategic plan with clearly articulated and internally consistent state goals and policies. This plan, developed by the Governor, would be an outline of the principal goals, policies, and objectives of statewide importance that would be addressed in the time frame of the plan and would serve as the basis for resource allocation in the state budget. 8. Evaluate Program Effectiveness of Regulatory Agencies Frequently the focus of regulatory agencies has been the rules and process with little attention paid to achieving the goals that the agency was established to achieve. For example, the Integrated Waste "Management Board should place more attention on achieving the recycling goals under AB 939 than on prescribing the exact steps to be taken by each local agency to be in compliance with AB 939. The League recommends that state and local governments evaluate the efficiency and effectiveness of regulatory agencies in light of legislative goals and purposes. 8 ~ e e 9. Broaden the Tax Base As the state's economic system continues to shift to a services and information based economy, the taxing system must also shift if we are to effectively finance governmental services. The goal of this change would not be to increase revenues, but to reflect the economy of the 1990s. As an example, imposing a gross receipts tax on services or widening the basis for taxing telecommunications would expand the tax base and potential growth of California's tax system. The League recommends serious examination of a broadened tax base which is "revenue neutral." The transition to a new and broadened tax base would have to be phased in carefully to ensure the viability of existing local agencies. Converting to a new tax base that reflects today's economy would allow state and local governments to benefit from the growth in the economy and better meet the needs of their constituents. 10. Reform Benefit Assessment Laws Benefit assessments provide for a levy on properties in cases where a direct or special benefit to the assessed property can be shown. Because the determination of assessments are based on the degree of benefit received by each property, assessments are not considered a tax. Benefit assessment districts are one of the oldest and most widely used mechanisms to fund public capital improvement projects and to provide for the ongoing maintenance of such projects. In recent years, many local governments have initiated assessment districts for services which may have been previously funded through the agency's general fund. In addition, the' state has adopted legislation to expand the purposes for which benefit assessment district financing may be applied. Benefit assessment districts can now be used for a variety of services including fire suppression, graffiti abatement, and park maintenance. Both the business community and taxpayer groups have expressed concerns with the increasing use of benefit assessment districts by local government. One belief is that such assessments bypass many recent requirements for voter approval of mechanisms to raise revenue for public services. In addition, the cumulative increase in the use of benefit assessments, since the passage of Proposition 13, has been the subject of a commentary in a newsletter of the California Taxpayers' Association. Another concern voiced by these groups is that with the use of benefit assessments to fund more general purpose activities, the ability to identify direct or special benefits for certain properties diminishes and such funding mechanisms begin to reflect the characteristics of a tax. The opportunity to create assessment districts allows legislative bodies and citizens to determine an appropriate level of services and a direct means for funding such services. Elected representatives should continue to have the discretion of initiating benefit assessment districts by a vote of the legislative body provided that citizens are given an opportunity to participate in this process through public hearings and a protest procedure. This authority must be balanced by responding to the concerns expressed by business and 9 e e taxpayer groups, or the ability of local agencies to fund much needed improvements through benefit assessments will be lost. It is recommended that the League aggressively participate in the task force already underway to reform the use of benefit assessment districts in order to preserve this funding mechanism and to ensure abuse of this financing technique is prevented. 11. Revise Reorganization Laws. Annexations/Incorporations/Spheres of Influence Several of the major problems facing local government today can be traced to the difficulties of reorganization. Due to fiscal stress, cities and counties argue about property tax and sales tax sharing agreements, while frequently ignoring the long~term goals of development within their communities. This can lead to a lack of a comprehensive planned community and hop~scotching development. In order to solve these problems, cities and counties need to stop working at cross purposes and begin building towards a future that is better for the entire population. The following recommendations are designed to achieve a better planned community, consistent with the premise that cities should have control of land use within their spheres of influence: a. Remove impediments to annexations of pockets containing housing and/or manufacturing. Local Agency Formation Commissions (LAFCOs) should not have the power to disapprove annexations of territory surrounded by a city. b. The current system for approving annexations allows counties to stop annexations if the city is not willing to share with the county a satisfactory amount of sales or property tax (as determined by the county). Growth is occurring within a city's sphere of influence, but the city is unable to annex the territory. It is recommended that a default provision designating the property tax and sales tax distribution be adopted, if the city and county cannot agree. c. Cities should have the authority to approve urban development within their spheres of influence. The spheres of influence could then be strengthened by allowing cities to assume planning and zoning responsibility within their spheres of influence. No city should have a sphere of influence coterminous with the city boundaries, if there is an unincorporated area abutting the city. d. Urban development should occur within incorporated areas. Several counties have a policy that the only approved development will be within incorporated areas. From the perspective of land use, this policy is very sensible, and it would take a strong commitment from both the county and the cities within the county to be adopted. The Goverrunent Code provision allowing Santa Clara County cities to approve annexations within their sphere of influence without LAFCO approval should be expanded to include all cities where the county agrees to a municipal only development policy and tax sharing formula. 10 - e e. Require LAFCO to approve annexation applications within a city's sphere of influence unless LAFCO can make specific findings to the contrary. This could be expanded to require cities to annex any developed property within their sphere of influence. Of necessity, this could be tied in with intermediate spheres of influence outlining current infrastructure servicing areas and ultimate spheres of influence for ultimate future growth. 12. Control Actions of Other Entities Through Local Planning Current law allows local agencies to approve or disapprove development which is subject to the general plan of another entity. All actions of districts and limited purpose agencies must be compatible with the planning and zoning, and building inspection requirements of the city or county that is the responsible comprehensive land use planning agency. 13. Establish a Task Force on Local Permitting Authority The conflicting permit requirements imposed by overlapping state, local, and regional authorities provide too many roadblocks for development projects. The League recommends that a task force be established to determine better alternatives to the current permitting process. 14. Support California Environmental Quality Act (CEQA) Reform Under existing law, CEQA is focused on project level decisions because funding is applicant based. This project level analysis encourages NIMBY lawsuits and redundant policy analysis. Recent amendments to CEQA (AB 1888 and SB 919) allow for preparation of comprehensive environmental analysis of general plans but failed to provide a funding mechanism for these master environmental impact reports (EIR). The League recommends that cities and counties be allowed to utilize a Master Environmental Impact Report for each new or updated general plan. If the Master EIR analyzes buildout of a general plan, projects of any size which conform to the general plan would not require further CEQA analysis. This would place the focus on the environmental concerns of the city's or county's general plan and not on specific projects which would eliminate the unfairness of project level challenges. This Master EIR concept is, however, believed taTun afoul of the AB 1600 nexus requirements. Therefore, the League recommends legislation amending the Government Code to allow collection of fees on a jurisdiction-wide basis to pay for the Master EIR. 11 e e 15. Make Mandate Reimbursement Laws Meaningful Article XIII B of the California Constitution requires the state to reimburse local agencies when the state mandates a new program or higher level of service. Exceptions are provided for mandates requested by a local agency, defining a new crime, and mandates enacted prior to January 1, 1975. State laws over the years have also exempted reimbursement when the mandated program can be supported by a fee or when there are costs as well as savings in the bill. In recent years, the Legislature has added "poison pills" to mandate legislation, which have provided that if the Commission on State Mandates or the courts finds a reimbursable mandate in the act the legislation will become inoperative. This has the effect of canceling out both the mandate and other local programs which the local governments support. The League recommends adhering to the provisions of Article XIII B of the Constitution to make mandate relief a meaningful issue. The state must reimburse mandates without passing the cost on to local entities by requiring them to increase fees. There needs to be an end to the inclusion of "poison pills" in bills which effectively prohibit local agencies from suing the state for proper reimbursement. 16. Improve Financial Reporting Uniform financial reporting among local governments and the timely release of accurate and reliable financial data from the State Controller's Office are essential if elected officials at all levels of government are to make intelligent budget decisions. Requiring the State Controller's Office to prepare its Annual Report of Financial Transactions within six months of the financial reporting deadline will allow for state budget decisions to be based on current and accurate information. In order to facilitate the improvements to financial reporting, it is recommended that the League work with the State Controller's Office to improve the report on city financial transactions. 17. Adopt Telecommunications Task Force Principles The development of advanced telecommunications technologies promises to stimulate competition and economic development. The desire to create an open and competitive market has sparked efforts at the federal and state level to remove regulatory "barriers" at all levels of government, in order to streamline the development of advanced telecommunications services. As the open market for telecommunications services evolves, the regulatory powers cities enjoy will become increasingly vulnerable. Cities must take steps to ensure that their role in protecting the interests of their communities is not sacrificed in the interest of developing the information superhighway. The League is currently developing the following principles that reflect the interests of cities in the development of telecommunications policy: 12 e e a. Cities must have certain regulatory powers over telecommunications service providers in order to protect city infrastructure. ensure open access to telecommunications services. protect the privacy of consumers of these services. and correct the market inequities that will occur when the advanced telecommunications services market becomes open and competitive. b. Cities should receive compensation for use of the public right-of-way. from all users of the public right-of-way. including telecommunications service providers. Cities should also receive compensation for the short- and long-term negative impacts of installing fiber-optic and other telecommunications wire in city streets and in the public right-of-way. Securing these revenues will be especially important if municipal franchises for cable service are eliminated due to a softening of the existing regulatory and franchise powers. c. Cities recognize that broadband capacity has considerable value, in that it can be used both to support city operations and to streamline delivery of a variety of public services. Cities should receive an appropriate allocation of all advanced telecommunications resources, such as bandwidth on broadband networks. fiber-optic wiring. and spectrum on the 800mhz radio frequency. that operate within their sphere of influence. 18. Support State Audit The League is reaffirming Annual Conference Resolution #37-1993. which recommended that the State of California should implement a complete review and audit of all state spending and budgetary procedures. The State Auditor. with proper funding should: a. Challenge and question the basic assumptions underlying all state agencies and the programs and services offered by the state to identify those that are vital to the best interest of the people of the State of California and those that no longer meet that goal. b. Conduct a complete review of all state agencies and all programs, services. and activities operated by those agencies. c. Evaluate the efficiency with which state agencies operate under their jurisdictions and fulfill the duties assigned to them by law. d. Determine the methods to maximize the amount of federal funds received by the state for its programs in order to better ensure that the people of California receive a greater share of the taxes levied on them by the federal government. e. Identify any state agency or any state program or service now offered by an agency that can be eliminated or transferred to the private sector without injury to the public good and/or well being. 13 - e f. Make recommendations for the programs and the services the various state agencies provide, as well as recommendations for the elimination of or reduction in funding to various agencies, programs, or services based on the results of the performance audit review. g. Make recommendations to the State Legislature as to amendments to statutory and constitutional provisions that will improve the efficiency of state government, including, if appropriate, recommendations on the reorganization or consolidation of state agencies. .. ' H: \LEG\lS\RESTRUcr.002 14