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HomeMy WebLinkAbout10/04/1988, 11 - POLICY RESOLUTIONS TO BE CONSIDERED BY THE LEAGUE OF CALIFORNIA CITIES MEr`NG AGENDA DAtt_ OCT 4 S9 ITEM # gill II II!I II I I III������1�� II�IIIII III � I cityof sAn WIS OBISPO 34 - _ 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 September 27, 1988 MEMORANDUM To: City Council From: John Dunn i Subject: Policy re olutions to be considered by the League of California Cities Recommendation That City Councilmembers give any comments or guidance regarding any of the proposed resolutions to the designated City representative. Discussion Each year at this time we receive a number of proposed resolutions from the League which, for the most part, have been sent through the League's various policy committees, and which will be sent to the Resolutions Committee and thereafter to the voting delegates of the League. While these resolutions deal with the subject matter and policy direction which one or more policy committees believes is important, it is also important to realize that the exact form of the resolutions may be considerably changed as they receive further review by the Policy Committees and the Resolutions Committee, and may be ultimately modified by the voting membership itself. In this respect, the voting delegate needs to be granted some flexibility to deal with the newly worded resolutions. The final product of this exercise is that the League will have a series of membership approved resolutions which then become the policy framework for their efforts during next year and, in particular, act as guidance and instruction for the work programs of the various policy committees. The City Attorney and I will be reviewing all the proposed policy resolutions, and we will be getting our thoughts to the designated City delegate. Essentially our review will be for consistency with the City's presently adopted policies and what is generally viewed to be in the long-term best interest of California cities and the City of San Luis Obispo. We appreciate you expressing your concerns and suggestions, to provide guidance to Councilmember Settle, the City's designated delegate. JD:mp M 3 `= League ®f California Cities from John Duan AiI� `i ? 1400 K STREET • SACRAMENTO.CA 95814 • (916)444-5790 :.:& _:. Caulornia Coes Sacramento, CA work rogerner September 6, 1988 TO: Members of the Committee on Revenue and Taxation FROM: Harriet Stockwell, Chair, Council Member, E1 Cajon Dan Harrison, League Staff, (916) 444-5790 RE: ANNUAL CONFERENCE RESOLUTIONS The attached Annual Conference Resolutions numbered 37 through 38 have been referred to the Committee on Revenue and Taxation as part of this year's Annual Conference Resolutions procedure. Consideration of these resolutions will be part of the agenda for the Committee meeting on September 16, 1988. The Committee will meet again at 12:30 p.m. on Sunday, October 16, 1988 during the Annual Conference, to finalize its actions. Please bring this packet with you to the Revenue and Taxation Policy Committee meeting. As a reminder, the following arrangements have been made for the meeting: Date: Friday, September 16, 1988 Time: 10:00 a.m. - 3:00 p.m. Place: Grand Peninsula "G" Meeting Room Hyatt Regency Burlingame 1333 Old Bayshore Highway Burlingame, CA 94010 (415) 347-1234 AGENDA 1. Oral Legislative Update. 2. Consideration of Annual Conference Resolutions Assigned to the Committee. 3. Fiscal Review of all Resolutions. 4. Proposition 95 (Background materials included with previous mailing) . 5. Development of 1989 Committee Work Program. 6. Other Committee Business as Time Permits and as Chair Determines. A short report on the insurance measures that will appear on ,the November ballot is included with this mailing for informational purposes. I If you have not already returned the attendance form that was attached to the previous mailing, please do so right away or call the League receptionist to let us know whether or not you will be able to attend this meeting. Directions: From the 101 Freeway (North), exit at Old Bayshore/Burlingame rig t) . Turn left on Old Bayshore. The hotel is on the left. From the 101 Freeway (South), exit at Millbrae (East) . Turn right on, Old Bayshore. Pass 4 stop lights. The hotel is on the right. Parking is free. Transportation: Travel information (air and auto), reservations and ticket service are available through Mutual Benefit Travel Association (META), the League's travel consultant in Sacramento, (916) 929-4488 or (800) 223-6282. Discount Air Fares: American: Request the League's code "SUN12° USAir: Request the League's USAir Number "M1536C11. Discount fares are subject to availability. A complimentary shutt a runs between the hotel and airport every 15 minutes. Courtesy phones are in the baggage claim area. Overnight Accommodations: The sleeping room rate is $88 (single or double) . Contact the hotel and request the League's special rate. LtrReTx.policy �I /1 - 3 The Role of Annual Conference Resolutions in League Policy Development Guidelines for Resolutions September 1988 Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the eight standing policy committees and the Board of Directors. The process allows for timely consideration of issues in a changing environment and assures broad access for city officials to both initiate and influence policy decisions. This influence may be exercised directly through participation as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue under the committee's purview. If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the Board of Directors. Annual Conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions I. The issue addressed in the resolution has a direct relation to municipal affairs. 2. The issue is not of a purely local or regional concern. 3. {Generally, the recommended policy should not restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities (b) Establish a general direction for the League by setting forth general principles around which more detailed policies may be developed by the policy committee and Board of Directors (c) Consider important issues not adequately addressed by the policy committees and Board of Directors (d) Amend the League Constitution and Bylaws. OVER . . . Suggested Format for Resolutions There are few hard-and-fast rules governing the form of Annual Conference Resolutions. The following suggestions may be kept in mind as guides: 1. "WHEREAS" clauses may be avoided entirely if the "RESOLVED" clause can clearly state the desired action and its purpose. If explanatory matter is absolutely necessary, it should be simply and clearly stated .in one to three short "WHEREAS" clauses. 2. Unsubstantiated "WHEREAS" clauses should be avoided; briefly provide authority or evidence for assertions made or delete the assertion. 3. The "RESOLVED" clause should be a complete sentence clearly stating the desired action. Be clear and concise in describing', the action resolved. RESOLVED, by. the General Assembly of the League of California Cities, assembled in Annual Conference in San Diego, October 18, 1988, that the .League support (or sponsor, or oppose) legislation to authorize cities to levy a local sales tax. 4. "RESOLVED" clauses should reflect standard terminology for League legislative positions, i .e., support, sponsor, oppose. S. Resolutions directing action an legislative matters .should not spell out the precise language of the desired legislation. Circumstances can change substantially between the time of the Conference and the Legislative Session. A precise draft in the resolution may not address adequately the changed circumstances that exist the following spring or summer. Resolutions should describe the desired result in general terms as in the example above. 6. "RESOLVED" clauses. addressing federal issues normally should direct the League to request the National League of Cities to work to achieve the desired objective, i.e., "Resolved... that the League urge NLC to. . ." During the meeting in which committees make preliminary recommendations on resolutions, each committee should perform the following functions thoroughly or authorize the committee staff to perform them: a. Make editorial corrections as necessary to clean up typographical and other nonsubstantive errors or ambiguities. b. Edit, streamline and delete "WHEREAS" clauses in the resolutions to as great a degree as possible, consistent with clarity and understanding. Short resolutions and a short resolutions packet will be more widely read. DH607L2.policy SUMMARY ANALYSIS OF ANNUAL CONFERENCE RESOLUTIONS 1) Resolution Number 2) Title. 3) Sponsor of Resolution 4) Contact Name Title _ City Phone 5) Assigned Committee 5) Reason for Resolution: 6) What Action is Required (check those that apply) : Support Legislation Publicize Issue Sponsor Legislation Adopt Policy Oppose Legislation Refer to NLC Support/Oppose Initiative Training Collect Information Other 7) Direct Relation to Municipal Affairs? Yes No 8) Statewide Issue? Yes No 9) Does this Resolution have a Fiscal Impact? Yes No The fiscal impact affects: . The fiscal impact is: cities minor state significant federal government gibe: League Other 10) Past Resolutions or League Policy on this Subject: 11) Likely Support or Opposition to Resolution: Support: Opposition: acresfor.transfer 37. RESOLUTION RELATING TO SALES TAX EXEMPTION FOR LOCAL GOVERNMENT PURCHASES Source: Fire Chiefs Department Re erred to: Committee on Revenue and Taxation Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, it is in the public interest that local governments meet the service needs of their constituents; and WHEREAS, purchasing equipment and supplies is necessary to meet those service needs; and WHEREAS, current state law requires local governments to pay sales tax on the purchases of equipment and supplies; and . . WHEREAS, the payment of sales tax depletes the public funds available to local government for the purchase of necessary supplies and equipment, thereby making it more difficult to meet service needs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation exempting local. government agencies from sales tax on purchases of supplies and equipment used by local government. res37.policy 38. RESOLUTION RELATING TO COST REIMBURSEMENT FOR HEARING IMPAIRED DEVICES Source: Los Angeles County Division Referred to: Committee on Revenue and Taxation Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the State of California has a program to subsidize the cost of acquiring hearing devices for private citizens that. are hearing impaired; and WHEREAS, the phone companies are assessing a surcharge on all phone bills for hearing impaired devices; and WHEREAS, this surcharge is collected for the State which in turn uses the surcharge to reimburse the phone companies for healing impaired devices; and WHEREAS, local governments must acquire such devices in .order to make public service equally accessible to all citizens including the hearing impaired; and WHEREAS, the State collects a special tax on all telephone bills to benefit the hearing impaired; and WHEREAS, the State does not reimburse local governments for acquiring said devices for the hearing impaired; and WHEREAS, a city's efforts to install such devices in all departments would result in unreimbursed costs to the city; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation to require the State to assume responsibility for acquiring, on behalf of all local governments, devices for the hearing impaired. i res38.policy i i ' /l-8 1. RESOLUTION RELATING TO VOTER REGISTRATION Source: Los Angeles County Division Referred to: Committee on Administrative Services Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, voter registration by mail was instituted to reduce the cost of registration by deputy registrars and to make registering to vote easiser for the public; and WHEREAS, registration by mail has resulted in the unanticipated consequence of adding to the voter registration rolls individuals who do not meet the proper citizenship requirements; and WHEREAS, the re-employment of deputy registrars will continue to make it easy to register yet permit verification of voter eligibility; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League sponsor legislation to reinstitute the employment of deputy registrars to assist the public in registering to vote and that the voter rolls be purged after each general election of registrants who have not exercised their right to vote. resl.policy 2. RESOLUTION RELATING TO INAPPROPRIATE USE OF ABSENTEE BALLOTS Source: Los Angeles County Division Referred to: Committee on Administrative Services Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the absentee ballot process was originally designed to assist individuals who could not vote in person duel to illness, physical handicap, or absence from the community; and WHEREAS, candidates for public office have begun to use the absentee process as a campaign tool by encouraging voters to "vote by mail" rather than- at the polls; and WHEREAS, this strategy has unnecessarily increased the number of absentee voter applications that must be personally verified by the city clerk's office; and WHEREAS, verification increases both the personnel and material costs of the election, which ultimately must be borne by the municipal government; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled -in Annual Conference in San Diego, October 18; 1988, that the League sponsor legislation that will require voters to deal directly with the city clerk's office to obtain absentee ballots without the intervention of a candidate for office acting as a third party. res2.policy 3. RESOLUTION RELATING TO ENCOURAGING GREATER PARTICIPATION IN CITY COUNCIL ELECTIONS Source: Hal Conklin, Council Member, Santa Barbara Re erred to: Committee on Administrative Services Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the right to vote in the United States of America is a fundamental aspect of our democracy; and WHEREAS, the right to vote ensures individual freedom via the election of responsive public officials dedicated to the rights set forth in the Constitution of the United States of America; and WHEREAS, the right to vote allows citizens of the United States of America to participate in the political processes which serve to establish public policies affecting the lives of children, women, and men; and WHEREAS, the 9th U.S. Circuit Court of Appeals recently ruled that Watsonville's at-large election system lessened the opportunity of Hispanics to elect representatives of their choice in violation of Section 2 of the voting rights act; and WHEREAS, district election systems potentially could serve to promote greater minority participation in the election process, and increase representation of minority elected officials in California local government; and WHEREAS, the U.S. 1980 Census showed that 26% (6,363,612) of the risidents of California are Hispanic or Black; and WHEREAS, minority elected officials constitute % of elected City officials; and WHEREAS, fuller participation in elections by persons from all racial and ethnic backgrounds is a desirable goal that would promote the effectiveness of city governments throughout the State of California; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League encourage responsible public officials to: 1. examine their at-large election systems in comparison to the criteria set forth in Gomez v. Watsonville; and 2. work with their minority community to open the doors of local government to full minority political access res3.policy / /_ 4. RESOLUTION RELATING TO INSURING NON-PROFIT AND VOLUNTEER PROVIDERS Source: Department of Recreation, Parks and Community Services Referred to: Committee on Administrative Services ', Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, cities continue to expand their use of non-profit and volunteer providers to deliver needed community services; and WHEREAS, services such as dependent care, meals-on-wheels, library volunteers, advisory boards, special events, and seniorlhomemaker services, to name only a few, could not otherwise be provided cost-effectively by a city; and WHEREAS, many non-profit and volunteer providers continue to experience difficulties in meeting local insurance requirements, thereby reducing the pool -of available providers and resulting in possible reductions or elimination of services; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18; 1988, that the League study the current problems of non-profit and volunteer providers in meeting local insurance requirements and explore innovative solutions to mitigating these problems. res4. olic P Y S. RESOLUTION RELATING TO LEAGUE CONSTITUTION AND BYLAWS Source: Board of Directors Rimed to: Committee on Administrative Services Pre imi nary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the League Constitution and Bylaws were adopted in 1932 and have been revised regularly since that time; and WHEREAS, during these 56 years of use there has never been a general updating to introduce modern terminology or assure internal consistency among the various articles and sections, some of which have been amended several times; and WHEREAS, the League Board of Directors has approved a series of recommended amendments to the Bylaws which are non-substantive, technical corrections, now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League Constitution and Bylaws be amended as follows: res5.policy l�/3 i I i 6. RESOLUTION RELATING TO AMERICAN HERITAGE TRUST ACT Source: Department of Recreation, Parks and Community Services Referred to: Committee on Community Services Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the League of California Cities has supported the findings of the President's Commission on Americans Outdoors which gave rise to H.R. 4127, which will create the "American Heritage Trust Act of 19880; and WHEREAS, the Trust shall constitute a principal mechanism for funding the safeguarding of important elements of America's, natural, historical , cultural , and outdoor recreational heritage, and provide for its use and enjoyment by the public; and WHEREAS, continued population growth and demographic changes in our cities and the continuing loss of our nonrenewable resources require this investment in order to sustain the quality of life for future generations; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support and urge the National League of Cities to support H.R. 4127, which establishes the American Heritage Trust. res6.policy II I - I • I I 7. RESOLUTION RELATING TO CHILD CARE Source: City of San Jose Referred to: Committee on Community Services Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the League of California Cities has consistently supported the need for state and federal action to increase available child care; and WHEREAS, major legislation is currently pending in Congress to appropriate additional funds to states for child care; and WHEREAS, California could expect to receive approximately 223 million new dollars to expand subsidized programs and to develop new programs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support and urge the National League of Cities to support S 1885 and HR 3660, which support the proposed Federal Act for Better Child Care Services; and be it further RESOLVED, that the League support any companion state legislation which would provide tax credits and other incentives for existing, and new child care programs, promote an increased level of networking with private and nonprofit organizations to coordinate child care services, and minimize regulatory obstacles while ensuring the sound provision of child care programs by establishing quality control measures for adequate licensing, liability and insurance requirements. res7.policy 8. RESOLUTION RELATING TO ANTI-GANG PROGRAMS Source: Committee on Community Services and Department of Recreation, Parks and Community Services Referred to: Committee on Community Services Preliminary Recommendation to Resolutions Committee:; Final Recommendation to Resolutions Committee: WHEREAS, youth gang violence is one of the most serious problems plaguing many California cities, and reaches all socio-economic classes and ethnic groups; and WHEREAS, the crimes committed by youth gangs are a financial burden to all California taxpayers; and WHEREAS the Governor's State Task Force on Youth Gang Violence found that effective anti-gang programs consist of prevention, intervention, and enforcement elements; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation to allocate sufficient funding for the development of innovative local programs that prevent gang membership. res8.policy 9. RESOLUTION RATING TO SUBSTANCE ABUSE PREVENTION Source: • Department of Recreation, Parks and Community Services Rei red to: Committee on Community Services Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, substance abuse is a national problem affecting the productive and healthy existence of today's youth and future generations; and WHEREAS, there is increasing evidence that many traditional enforcement programs deal only with the symptoms of existing problems and not the causes; and WHEREAS, proactive childhood educational and intervention programs are effective deterrents for at-risk youth; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League appoint a task force to propose strategies for the funding of local comprehensive early substance abuse prevention and intervention programs. res9.policy j 10. RESOLUTION RELATING TO EMERGENCY CARE FACILITIES Source: Los Angeles County Division Reed to: Committee on Community Services Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, private hospital emergency rooms throughout the state are presently suffering *dramatic financial losses in treating trauma and emergency medical patients due to being inundated with patients :lacking ability to pay for the cost of medical care; and WHEREAS, hospitals have expressed intent to close their emergency room doors and trauma centers, considering that the actual cost for an intensive care unit bed in Los Angeles County is $21,100 per day, and the County currently reimburses private hospitals $744 per day to care for their medically uninsured emergency and trauma patients; and WHEREAS, in Los Angles County as one example, lnot only have seven of the original hospitals in Los Angles County's trauma network withdrawn from the system, but the closing of basic 24-hour emergency rooms may also become a reality; and WHEREAS, other hospitals may follow suit, causing the displaced patients .from closed hospitals to be taken to county facilities and other geographically distant hospitals, which will delay and decrease the level of care provided; and WHEREAS, this condition could create a domino effect and compound the problem by overloading these other geographically distant hospitals, thereby causing them to consider closing their emergency (room facilities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation providing for State funding that would relieve the present crisis in emergency care caused by imminent closures of emergency rooms in California's urban centers. I reslO.policy 11. RESOLUTION RELATING TO UNIVERSAL AND AFFORDABLE HEALTH CARE Source: City of San Jose _.. Re erred to: Committee on Community Services Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, there is increasing national and state recognition of the need for universal and affordable health care, including preventive health care services; and WHEREAS, the cities of San Jose, Baltimore, Milwaukee, and Cincinnati have proven the cost effectiveness and cost savings capacity of preventive health care measures with a Medicare Waiver Program for Medicare recipients residing in these cities; and WHEREAS, it is important for cities to be an instrumental part of the development of national universal health care policy and funding mechanisms which are efficient, effective, and do not negatively impact California cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League urge the National League of Cities to support a national health care referendum which urges the U.S. Congress to enact a national health program which: (1) provides high quality, comprehensive, personal health care including preventive, curative, and occupational health services; (2) is universal in coverage, equitably financed, and community controlled; (3) is sensitive to the particular health needs of all ; and (4) is efficient in containing its costs; and be it further RESOLVED, that the League urge the National League of Cities to support legislation which would _recognize and make permanent those preventive and curative health care programs which have demonstrated cost effectiveness and cost savings as the Medicare Waiver Program. resll.policy 12. RESOLUTION RELATING TO CONSERVATION CORPS PROGRAMS ; Source: City of San Jose Re erred to: Committee on Community Services Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the San Jose Conservation Corps was established in January 1988 and hires young men and women between the ages of'118-23, in the San Jose area; and WHEREAS, the Corps has an educational program that enables the corpsmembers to work toward a higher education and career development; and WHEREAS, the corpsmembers learn skills while doing much needed conservation projects in the San Jose area; and WHEREAS, the Corps is a nonprofit corporation receiving most of its_. funds from corporations and foundations, with some state funding; and . - WHEREAS, there are similar local conservation corps in the following cities: Sacramento, San Francisco, Oakland, Los Angeles, San Rafael , and new ones being established in Long Beach and San Diego; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support local conservation corps programs in the state and urge the Legislature and Governor to support measures to increase funding for these programs. res12.policy /l-� a 13. RESOLUTION RELATING TO TICKET SCALPING Source: City of San Diego Re erred to: Committee on Community Services Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, California is host to the Rose Bowl , the Holiday Bowl , numerous Super Bowls, frequent World Series and National Basketball Association Championship games, major concerts and blockbuster plays and musicals; and WHEREAS, many sporting, concert, theatre and other entertainment venues are public facilities; and WHEREAS, a large number of Californians have an interest in attending entertainment events; and WHEREAS, all Californians have a right to expect an opportunity to attend entertainment events; and WHEREAS, the actual price paid to ticket scalpers by the public can be 30 times or more the face value of the best tickets; and WHEREAS, ticket scalpers allow only a privileged few to enjoy the best seats at entertainment events in public facilities paid for by all , for the enjoyment of all ; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 189 1988, that the League support state legislation banning ticket scalping. res13.policy 14. RESOLUTION RELATING TO VOLUNTARY CHILD SUPPORT PAYROLL DEDUCTION PROGRAN Source: City of Los Angles Re rred to: Committee on Employee Relations Preliminary Recommendation to Resolutions Committee.: Final Recommendation to Resolutions Committee: WHEREAS, the children of divorced parents often suffer economic hardship because of inadequate child support, including delinquent or irregular child support payments; and WHEREAS, the availability of a voluntary child support payroll deduction program, such as that which is being implemented by the City of Los Los Angeles, can help a parent carry out his or her child support responsibilities; and WHEREAS, the City of Los Angeles' payroll deduction program in its first four months of implementation already has 100 enrolled City employees who are making payments that will amount to more than $340,000 annually; and WHEREAS, both public and private sector employers have seen the merits of the City of Los Angeles' voluntary child support payroll deduction program and are considering adopting similar programs of their own; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 181, 1988; that the League urge its member cities to institute and encourage the institution of voluntary child support payroll deduction programs; and be it further RESOLVED, that the League urge - the National League of Cities similarly to encourage its member cities to institute and encourage the institution of voluntary child support payroll deduction programs. res14.policy 15. RESOLUTION RELATING TO HAZARDOUS WASTE FACILITY SITING PROCESS Source: Robert Bacon, Council Member, West Covina Referred to: Committee on Environmental Quality Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the Tanner Hazardous Waste Siting Process, established in 1986 by AB 2948 (Tanner), sets out a process to address the state's hazardous waste facility siting needs; and WHEREAS, the intent of AB 2948 is for cities, counties, and councils of government to work together to adopt hazardous waste management plans to meet their own needs for hazardous waste management and to participate in inter-jurisdictional agreements where appropriate; and WHEREAS, the State Department of Health Services (OHS) Guidelines for county hazardous waste management plans appear to go beyond the intent of the Tanner statute and would prohibit counties from limiting the size or type of facilities that can be sited; and WHEREAS, the League of California Cities and the County Supervisors Association of California (CSAC) support efforts by all parties to develop a consensus report for the purpose of resolving areas of concern relating to preparation of Tanner Plans; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League continue to work with CSAC and the Department of Health Services to resolve concerns with the OHS Guidelines, including the °fair share,° siting criteria, CEQA, and other issues; and be it further RESOLVED, that the league work with CSAC in urging DHS to clarify the goals and objectives to be contained in the state's Tanner plan and identify which data it will use to prepare the state plan; and be it further RESOLVED, that the League continue to work with CSAC to develop model inter-jurisdictional agreements to be used for hazardous waste management planning. res15.policy 16. RESOLUTION RELATING TO COST RECOVERY FOR HAZARDOUS WASTE INCIDENTS Source: Los Angeles County Division Referred to: Committee on Environmental Quality Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, local government expenditures incurred in response, management or cleanup activities mandated by violations' of hazardous waste and substance control laws are reaching mammoth proportions; and -WHEREAS, police, fire and public works departments have responsibility for prevention of imminent substantial danger to public health or the environment arising from any unauthorized disposal or release of any hazardous substance/waste; and WHEREAS, recent anot addressing issue the of it for hazardousubnce cleanup otfocuson comparative fault, sothathe parties are responsible only for their share of the fault; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18,1 1988, that the League support legislation which would allow cities to recover funds expended in response, management or clean-up activitiesinvolving hazardous substance/waste emergencies. res16.policy II I 17. RESOLUTION RELATING TO A RECYCLING POLICY Source: City of San Diego Re erred to: Committee on Environmental quality Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, there is .a serious shortage of landfills in California and strong public opposition and resistance to siting future landfills in close proximity to population centers, there is therefore a need to optimize use of our remaining disposal capacity; and, WHEREAS, alternative strategies for solid waste such as waste-to-waste, are facing similar public opposition and resistance; and WHEREAS, the League of California Cities supports an integrated approach to waste management, including waste reduction and recycling as essential elements of this comprehensive strategy; and WHEREAS, recycling is a viable waste management strategy that can divert usable and marketable materials from unnecessary disposal , conserve energy and natural resources, preserve open space and create employment opportunities; and WHEREAS, removal of certain recyclable elements from the waste stream may lessen the public's concern and opposition to alternative waste management technologies and landfills; and WHEREAS, development of markets for recycled materials and products and restrictions relating to packaging is properly in the purview of local , state and federal governments; and WHEREAS, tax laws should be reviewed regularly to redress inequities that favor virgin materials over recycled materials and products; and WHEREAS, it is the responsibility of local governments to manage their waste in an economically and environmentally sound manner, mandated waste management funding mechanisms and state and federal grants should recognize the need for local autonomy and control ; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support state legislation and urge the National League of Cities to support federal legislation which promotes recycling, supports local efforts to implement programs such as curbside collection, siting, and public information, creates economic incentives for recycling and recycled products through market development, procurement preferences, and tax policies, and discourages excess and nonrecyclable packaging. res17.policy 18. RESOLUTION RELATING TO DISPOSABLE PLASTIC CONTAINERS i Source: Los Angeles County Division and City of Rolling Hills Estates Referred to: Committee on Environmental Quality Preliminary Recommendation to Resolutions Committees Final Recommendation to Resolutions Committee: WHEREAS, non-biodegradable, disposable plastic containers are pervasive throughout industry in the State of California, and the nation as a whole; and WHEREAS, these plastic containers result in numerous hazards to the environment including the release of fluorocarbons into, the atmosphere; and WHEREAS, the inability of these container IIs to be broken down biologically results in substantial economic cost due to increases in litter and increases in need for sanitary landfills for disposal , thus further impacting the already critical shortage of landfill space; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation to systematically reduce the production and use of non-biodegradable, disposable plastic containers. resl8.policy /C -fid 19. RESOLUTION RELATING TO CLEAN AIR ACT EXTENSION Source: Mayor Dave Karp and Council Member Linda Perry, City of San Leandro Referred to: Committee on Environmental Quality Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the League of California Cities supports the extension of the Clean Air Act and the national goal of improving the quality of air and the quality of life in our nation's cities; and WHEREAS, the extension. of the Clean Air Act is essential if cities are to avoid counter-productive economic sanctions; and WHEREAS, the national interest will be best served by establishing practical and realistic goals for the attainment of clean air standards; and WHEREAS, federal policy on clean air attainment must be consistent; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support the extension of the Clean Air Act and the adoption of realistic timetables for attainment of air quality standards; and be it further . RESOLVED, that the League urge the federal government to be consistent in its application of clean air policy by supporting programs, such as mass transit assistance, which assist cities in cleaning up their air; and be it further RESOLVED, that the League oppose the imposition of counter-productive economic sanctions which will serve no purpose other than to retard the economic progress necessary to attain clean air and a higher quality of urban life; and be it further RESOLVED, that the League urge the National League of Cities to adopt similar policies and work with the federal government toward their implementation. res19.policy W 20. RESOLUTION RELATING TO SAN JOAQUIN VALLEY IDE AIR I QUALITY STUDY Source: City of Visalia and South San Joaquin Valley Division Referred to: Committee on Environmental Quality Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the San Joaquin Valley, the states largest air basin, consistently exceeds state and federal ozone standards;, and WHEREAS, the primary sources of pollution in Ithe San Joaquin Valley are not restricted to the Valley; and WHEREAS, the air pollution levels are damaging the Valley's annual $8 billion agricultural crop, damaging trees and potentially affecting Giant Sequoia reproduction in the National Parks, and posing a threat to health; and WHEREAS, emission control decisions based on inadequate and limited information could cost this region, the state and the nation hundreds of millions of dollars per year in reduced agricultural production; and WHEREAS, the San Joaquin Valleywide Air Quality Study will seek to ensure that future emission. controls will be effective in achieving improved air quality; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18I, 1988, that the League support the San Joaquin Valleywide Air Study and its objectives in determining the relevant controls and measures necessary to attain National Ambient Air Quality Standards and in providing for a healthier environment. res20.policy 21. RESOLUTION RELATING TO THE NEW SOURCE REVIEW PROGRAM Source: Orange County Division Referred to: Committee on Environmental Quality Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the South Coast Air Quality Management District's (SCAQMD) New Source Review Program requires that newly-constructed facilities obtain emission reduction credit offsets from other sources as a condition of obtaining a permit to construct; and WHEREAS, local public wastewater treatment agencies are required by law to operate and maintain facilities for the treatment of sewage, to preserve and improve water quality for the protection and propagation of fish and wildlife and to provide for recreation in and on the waters of the nation and this State; and WHEREAS, it is the nation's and State of California's policy that publicly-owned wastewater treatment facilities of the best available and practical design be constructed in order to eliminate the discharge of pollutants into navigable waters and to ensure the highest level of protection to the environment; and WHEREAS, the New Source Review Program of SCAQMD relating to air emissions places undue hardships on non-discriminatory construction of public facilities for the treatment of sewage and is counterproductive to the legal requirements and national and state goals of improved water quality; and WHEREAS, the best overall improvement to our environment will be achieved by cross media assessment practices, whereby a balanced and coordinated evaluation, analysis and implementation of practices, procedures and requirements relating to water, land and air are utilized; and WHEREAS, for example, the County Sanitation Districts of Orange County intend to construct Central Power Generation Systems which are considered essential projects in the public interest; and WHEREAS, the Central Power Generating Systems will provide sufficient electrical power to run vital equipment through the efficient use of digester gas produced at wastewater treatment plants and this energy source will reduce the Districts' demand on other limited energy sources, reduce total emissions to the air basin, and provide electrical reliability to ensure treatment needs and outfall disposal pumping requirements at all times; and WHEREAS, the Districts' proposed Central Power Generating Systems will be designed and equipped with the Best Available Control Technology (SACT) , which will use all digester gas produced in the wastewater treatment process and will provide the benefits of a substantial net air emissions reduction; and WHEREAS, for example, the SCAQMD Emission Reduction Credit Program would require the County Sanitation Districts of Orange County to obtain credits from private sources at a cost of $3,050,080.00 to the ,County's taxpayers for the construction of its Central Power Generating Systems without giving full consideration to all reduction of emissions achieved by the Districts through the projects; now, therefore, be it RESOLVED, by the General Assembly of the league of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation to exempt public works projects involving the construction, modification or repair of wastewater treatment facilities from the SCAQMD New Source Review Program requirements, provided such projects, are essential to the public health, welfare and interest; now, therefore, be it further RESOLVED, that the League support a revision of the New Source Review Regulation of the South Coast Air Quality Management District to give public works projects such as wastewater treatment facilities first priority at no cost on the use of the accumulated emissions reduction credits due to shutdowns for the purpose of offsetting any increase in emissions due to the construction and operation of such facilities, in recognition of the fact that such facilities provide necessary and vital services to, their communities. res2l.policy 22. RESOLUTION RELATING TO INHABITED ANNEXATIONS Source: Los Angeles County Division Rhe erred to: Committee on Housing, Community and Economic Development Pre i� 'minary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, counties have the responsibility of providing services to inhabited unincorporated areas surrounded by or substantially surrounded by cities; and WHEREAS, inhabitants of these unincorporated areas are using surrounding cities' services without compensation for their use; and WHEREAS, it is practical and economically sensible for cities surrounding or substantially surrounding inhabited unincorporated areas to annex these areas without election; and WHEREAS, cities have previously been able to annex these areas . without election under Government Code Sections 56113 and 56112; and WHEREAS, Government Code Section 56113 expired on January 1, 1988 eliminating the city's authority to annex without election; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation similar to Government Code Section 56113 which would allow cities the authority to annex inhabited unincorporated areas surrounded by or substantially surrounded by the city without election. res22.policy 23. RESOLUTION RELATING TO CITY AUTHORITY OVER URBAN DEVELOPMENT Source: City of Richmond Referred to: Committee on Housing, Community & Economic Development Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, examples abound of cities being nl'egatively impacted by urban-type development in unincorporated territory adjacent to their boundaries, due to the absence of sufficient controls and/or veto authority related to such development; and WHEREAS, such development can. place an additional financial strain upon the adjacent city inasmuch as the residents of the development will use services provided by the city without having to share the burden of paying for such services; and WHEREAS, state, regional , and local policies developed over a period of years recognize that local municipalities are the most effective and efficient providers of municipal-type services; and WHEREAS, the citizens of this state are . best served if the traditional municipal-type services are provided through the framework of municipal government, thus negating the need to establish numerous multi-layered, single-purpose districts, with their attendant costs; and WHEREAS, action must be. taken to ensure the involvement of cities in the planning process for approving urban-type development in unincorporated territory adjacent to their boundaries, that, among : others, could include regulatory control , veto power, or an appeal process; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18; 1988, that the League support legislation and state regulations strengthening the ability of cities to control urban-type development in unincorporated ; territory adjacent to their boundaries and not within the sphere of influence of any other city. res23.policy i i / 24 RESOLUTION DRUG ATINGLCOHTORECOVL LAND US TIES ULATION OF RESIDENTIAL COMMUNITY CARE AND Source: Orange County Division Referred to: Committee on Housing, Community and Economic Development Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, residential community care and drug/alcohol recovery homes and facilities licensed by the Community Care Licensing process of the State Department of Social Services and the State Department of Alcohol and Drug Programs which serve six (6) or fewer persons ensure provision of a normal residential environment for groups such as the mentally disordered, handicapped, developmentally disabled, elderly, dependent and neglected children and for drug and alcohol recovery; and WHEREAS, current state law prohibits local jurisdictions from imposing stricter zoning, building and safety standards on these facilities than those applied to other family dwellings in a residential zoning district; and WHEREAS, the current overconcentration, operation and administration of these facilities can have, and are having, a serious negative impact on the maintenance and enhancement of property values and the overall integrity of residential neighborhoods in many cities; and WHEREAS, current State code provisions pertaining to concentration of residential community care facilities are inadequate to preserve the residential character of established neighborhoods; now, therefore, be it RESOLVED, by the General Assembly of the League of C-alifornia Cities assembled in Annual Conference in San Diego, October 18, 1988-y that the League support legislation to restore .local land use authority over proposals for community care and alcohol/drug recovery facilities to ensure the character and integrity of residential neighborhoods are preserved by: 1.. Restoring authority to local jurisdictions to deny proposals for residential community care or alcohol/drug recovery facilities if the proposals do not comply with local ordinances which prescribe reasonable standards, restrictions and requirements concerning spacing, concentration, parking, traffic and noise controls. An example of similar statutory provisions is contained in Section 1597 of the Health and Safety .Code as related to large family day care centers; and 2. Requiring that no residential community care facility or alcohol/drug recovery facility, serving six (6) or fewer persons, be located within 1,000 feet from any similar facility. This provision is intended to transcend any jurisdictional changes which would occur within the 1,000 feet. The responsible agencies; e.g., Department of Community Care Licensing and the Department of Drug and Alcohol /IvJ3 Recovery Program, would not have the authority to waive this separation requirement; and 3. Requiring the Department of Social Services and the Department of Alcohol and Drug Programs to provide formal notification to one another thereby ensuring adequate separation between similar facilities licensed by separate agencies. To eliminate the current complexities and duplications inherent in having similar facilities licensed and monitored by different and separate agencies, and to increase the efficiency and effectiveness of its licensing system, the State should consider consolidation of these functions by one agency; and 4. Requiring each responsible agency to notify local jurisdictions prior to licensing a facility and provide a review period in which the locality may determine compliance with local toning requirements and compatibility with existing land uses; and . 5. Requiring each responsible agency to respond to complaints about the subject facilities, in writing, within ten (10) days, forwarding a copy of the response to the local jurisdiction within which the facility is located. res24.policy 25. RESOLUTION RELATING TO LOW INCOME HOUSING PRESERVATION ACT Source: City of San Jose Referred to: Committee on Housing, Community & Economic Development Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, unless Congress acts at once to preserve low income housing, 316,481 families nationwide could lose their homes during the next few years; and WHEREAS, the prepayment of HUD subsidized mortgages and the termination of HUD housing subsidies could magnify the already severe shortage of low income housing; and WHEREAS, the federal government, as a partner with private owners in these low income housing projects, has a responsibility to preserve the low income character of these units; and WHEREAS, the least costly means of fulfilling that responsibility entails the purchase of the threatened low income housing with funds from a housing preservation grant, which the Low Income Housing Preservation Act, H.R. 5252, would establish; and WHEREAS, the Low Income Housing Preservation Act would help save this housing stock by enabling nonprofit corporations and state and local housing agencies to acquire and maintain low income housing; now, therefore, be it RESOLVED, by the General Assembly of the' League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League urge the National League of Cities to support H.R. 5252, the Low Income Housing Preservation Act. res25.policy i 26. RESOLUTION RELATING TO CONCEALED WEAPON VIOLATION I Source: Los Angeles County Division Referred to: Committee on Public Safety Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, current law provides that it is a misdemeanor to carry a concealed weapon; and WHEREAS, gang members buy and possess conceal,able firearms utilized to kill or cause serious injury to rival gang members, innocent victims, and innocent children; and WHEREAS, the total number of concealable handguns owned and possessed in the City of Los Angeles exceeds 1,000,000 in 1988; and WHEREAS, to deter crimes involving concealable handguns and stem the increase in these crimes, gang members should be prosecuted for a felony when possible and mandatory prison sentences should be imposed on repeat offenders; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support Tegislation making it an alternate felony/misdemeanor to carry a concealed handgun on one's person or in a vehicle. resZ6.policy /l -3� 27. RESOLUTION RELATING TO SEMIAUTOMATIC WEAPONS Source: Los Angeles County Division Referred to: Committee on Public Safety Pre— imp Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, gang members and others possess and utilize powerful weapons to commit crimes and cause fear andanxiety among officers and citizens; and WHEREAS, gang members and others can easily obtain and possess these weapons such as the UZI or AK-47 assault rifles; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation making it illegal to sell or possess semiautomatic weapons such as the UZI or AK-47 assault rifles. res27.policy 28. RESOLUTION RELATING TO "STREET ROBBERY" AS A FIRST DEGREE ROBBERY I Source: Los Angeles County Division Referred to: Committee on Public Safety Preliminary Recommendation to Resolutions Committees: Final Recommendation to Resolutions Committee: WHEREAS, robbery of a person in a park, parking lot, sidewalk or similar outside place (commonly referred to as "street robbery") is by far the vast majority of all robberies committed, and in fact comprised 71 percent of all robberies in 1987 in the City of Los Angeles; and WHEREAS, robbery of the first degree is punishable by imprisonment for 3, 4 or 6 years and robbery of the second degree is punishable by imprisonment for 2, 3 or 5 years; and WHEREAS, few robberies occur that fit under the first degree penalty provisions; and WHEREAS, amending State law to make "street robbery" a first degree offense punishable by a more severe sentence; and WHEREAS, this new legislation would deter the opportunistic or planned commission of this potentially lethal crime; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation which would make it robbery of the first degree to commit . the crime of robbery against a person in a park, parking lot, sidewalk or similar outside place. res28.policy 29. RESOLUTION RELATING TO CONDITIONS OF PAROLE AND PROBATION Source: Los Angeles County Division Reed to: Committee on Public Safety Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, crimes of violence committed by gang members have reached epidemic proportions; and WHEREAS, amending State law to make it a crime to fail to carry "conditions of parole or probation," .and present these conditions, upon request, when contacted by a peace officer will enable law enforcement officers to arrest criminal gang members and other persons who violate "conditions of probation and parole;" and WHEREAS, this new legislation would encourage convicted criminals to abide by their "conditions of parole or probation," while providing a vehicle for removing criminal parole and probation violators from the community; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation directing judges to order parolees and probationers to carry "conditions of parole or probation" on their person, and to. present these conditions, when requested, to peace officers. res29.policy 30. RESOLUTION RELATING TO DISCOVERY IN HOMICIDE CASES i Source: Los Angeles County Division ReTerred to: Committee on Public Safety Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions. Committee: WHEREAS, broad requests for discovery of homicide investigations have placed a tremendous burden on law enforcement agencies 'in California; and WHEREAS, homicide investigations contain sensitive, confidential information, the release of which jeopardizes successful investigations and endangers citizens who provide information; and WHEREAS, the right of defendants to discovery information must be balanced against the safety of police officers and the public; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation which would authorize a court ; to establish specific parameters in discovery requests in homicide cases, including germaneness to the case at hand, that. no information be released before it is reviewed by a magistrate and that any information released by a judge not be released to the media or the public. res30.policy I ��- /0 31. RESOLUTION RELATING TO INVOLVEMENT OF MINORS IN DRUG SALES Source: Los Angeles County Division Referred to: Committee on Public Safety Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the street sale of illegal drugs is becoming more prevalent in both urban and suburban communities in California; and WHEREAS, with increased frequency police departments are finding that children are involved in drug sales either as dealers, runners or look-out; and WHEREAS, the use of minors to assist in drug sales is attractive due to the relatively mild penalties imposed; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation that will discourage minors from becoming involved in illegal drug sales and/or will deter drug pushers from employing minors in their illegal activities. res3l.policy 32. RESOLUTION RELATING TO MONETARY REWARD SYSTEM FOR GANG INFORMATION Source: Los Angeles County Division ReTer�ed to: Committee on Public Safety Preliminary- Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the violent actions and reactions of gang members cause injury and death to innocent victims and rival gang members; and WHEREAS, the numerous documented violent crimes committed by gang members cause apprehension and fear among witnesses who withhold information essential to identifying and capturing the perpetrators; and WHEREAS, the Governor has discussed a statewide reward system with law enforcement groups and encouraged cities to support the concept; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the league support legislation introducing a monetary reward system for information leading to the arrest and conviction of gang members engaged in criminal activity. res32.policy 33. RESOLUTION RELATING TO GANG GRAFFITI Source: Los Angeles County Division Re erred to: Committee on Public Safety Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the defacement of property by means of spray paint is proscribed by law but only as a misdemeanor, which may be appropriate in many graffiti situations, but not in situations of gang violence; and WHEREAS, some individuals (such as gang members) intentionally destroy private property by use of graffiti, demarcating gang territory, . creating challenges to rival gangs, and escalating the opportunity for violence; and WHEREAS, gang members, by use of graffiti, cause unrest and fear in communities by depicting gang slogans, words of violence, and terrifying expressions of battle cries; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation which would make it an alternate felony/misdemeanor to gang graffiti any public or private property. res33.policy 34. RESOLUTION RELATING TO PSYCHIATRIC INFORMATION Source: Los Angeles County Division Re erred to: Committee on Public Safety Preliminary Recommendation to Resolutions Committee:: Final Recommendation to Resolutions Committee: WHEREAS, police do not have sufficient information about a person's psychiatric background when it is needed during an emergency to evaluate strategy and tactics to diffuse a potentially dangerous or life-threatening situation to the person or the public; and WHEREAS, if Section 5328.01 of the Welfare and Institutions Code were reinstated, it would allow psychiatric information to be given to law enforcement officers in emergency situations; and WHEREAS, this new legislation would provide valuable information to officers, especially hostage negotiations teams-, about past and present behavior exhibited by the person, as well as- information that would be dangerous to release to the person; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18,, 1988, that the League support legislation which would allow release of psychiatric information to law enforcement officers, if authorized by a court magistrate, in emergency situations. res34.policy 35. RESOLUTION RELATING TO DRIVING LICENSES FOR VEHICLE THIEVES Source: Los Angeles County Division Referred to: Committee on Public Safety Pre iminary Recommendation to Resolutions Committee: . Final Recommendation to Resolutions Committee: WHEREAS, juveniles are involved in tens of thousands of vehicle thefts that have reached epidemic proportions throughout the nation and particularly in California; and WHEREAS, amending State law to allow for the suspension of a. juvenile's driver's license or delay a juvenile's ability to obtain a license if a petition is sustained under the Welfare and Institutions Code for violation of Vehicle Code Section 10851 (Driving Without Owner's Consent), or Penal Code Section 487.3 (Grand Theft Auto) , will enable the Criminal Justice System to focus on auto thefts committed by juveniles; and WHEREAS, amending State law to continue imposition of the above restrictions on persons who become 18 years of age and who are subsequently convicted in a Municipal or Superior Court for violation of Vehicle Code Section 10851 or Penal Code Section 487.3, would continue this focus on young adults who commit auto thefts; and WHEREAS, this new legislation would deter youthful offenders from committing vehicle thefts by providing that the first sustained petition would cause the delay of a juvenile's license for a period of six months and the second sustained petition would restrict a juvenile from obtaining a license until the juvenile is 21 years of age; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October .18, 1988, that the League support legislation to impose.. mandatory suspension or restriction of a driver's license for persons under 21 years of age who commit auto thefts. res35.policy 36. RESOLUTION RELATING TO UNSAFE COMMERCIAL VEHICLES Source: Los Angeles County Division Rimed to: Committee on Public Safety Preliminary Recommendation to Resolutions Committee': Final Recommendation to Resolutions Committee: WHEREAS, local peace officers assigned to traffic duties currently enforce Vehicle Code sections regulating commercial , vehicles on roadways. These regulations pertain to a commercial vehicle's weight, size, equipment, loading and hazardous materials laws; and WHEREAS, during their enforcement activitiO, local peace officers are confronted with commercial vehicles that are in such disrepair and poor condition that their continued operation on the roadway constitutes an extreme hazard to other motorists; and WHEREAS, the safest course of action when' local peace officers discover such unsafe commercial vehicles is to prohibit the movement of the vehicles until repairs are made; and WHEREAS, the only officers currently authorized to remove unsafe commercial vehicles from use are California Highway, Patrol officers; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation to extend the authority to remove commercial vehicles from service to all properly trained peace officers assigned to traffic duties. res36.policy 37. RESOLUTION RELATING TO SALES TAX EXEMPTION FOR LOCAL GOVERNMENT PURCHASES Source: Fire Chiefs Department e erred to: Committee on Revenue and Taxation Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, it is in the public interest that local governments meet the service needs of their constituents; and WHEREAS, purchasing equipment and supplies is necessary to meet those service needs; and WHEREAS, current state law requires local governments to pay sales tax on the purchases of equipment and supplies; and WHEREAS, the payment of sales tax depletes the public funds available to local government for the purchase of necessary supplies and equipment, thereby making it more difficult to meet service needs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation exempting local government agencies from sales tax on purchases of supplies and equipment used by local government. res37.policy 38. RESOLUTION RELATING TO COST REIMBURSEMENT FOR HEARING IMPAIRED DEVICES Source: Los Angeles County Division Rimed to: Committee on Revenue and Taxation Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the State of California has a program to subsidize the cost of acquiring hearing devices for private citizens that are hearing impaired; and WHEREAS, the phone companies are assessing a surcharge on all phone bills for hearing impaired devices; and WHEREAS, this surcharge is collected for the State which in turn uses the surcharge to reimburse the phone companies for hearing impaired devices; and WHEREAS, local governments must acquire such devices in order to make public service equally accessible to all citizens ;including the hearing impaired; and. WHEREAS, the State collects a special tax on all telephone bills to benefit the hearing impaired; and WHEREAS, the State does not reimburse local governments for acquiring said devices for the hearing impaired; and WHEREAS, a city's efforts to install such devices in all departments would result in unreimbursed costs to the city; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation to require the State to assume responsibility for acquiring, on behalf of all local governments, devices for the hearing impaired. res38.policy J 39. RESOLUTION RELATING TO TRANSPORTATION FUNDING Source: City of San Jose Re erred to: Committee on Transportation and Public Works Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, as of July 1, 1989 the State. of California will have no state funds available for construction of new highway projects; and WHEREAS, local governments have provided in the FY 88-93 STIP $2.1 billion out of a total .of $7.1 billion, 30% of the total funding for state highway construction programs; and WHEREAS, the timing and completion of many locally funded projects is Jeopardized by a lack of matching state revenue promised in the past; and WHEREAS, further loss of federal dollars for transportation will take place if state matching funds are not forthcoming; now, therefore., be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League declare a crisis in state transportation funding; and be it further RESOLVED, the the League support legislation designating an -increase in the gas tax as a user fee with the resulting increased proceeds going half to cities and counties for local transportation needs and half for state highways and transit systems, as an immediate first step toward solving the upcoming crisis. res39.policy _ 40. RESOLUTION RELATING TO POST-INTERSTATE ERA Source: Mayor Dave Karp and Council Member Linda Perry, City of San Leandro Referred to: Committee on Transportation and Public Works Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, the 35 year era of interstate highway construction will come to a close in 1991; and WHEREAS, this provides the nation with an excellent opportunity to examine and restructure federal , state and local responsibilities in the surface transportation field; and WHEREAS, the $15 billion per year generated by the highway trust fund is of critical importance to the future growth and development of urban America; and WHEREAS, the League of California Cities will be an important part of the overall debate in the reshaping of these programs; and WHEREAS, there has been a wide ranging series of proposals to accomplish a variety of ends in the 'Post-Interstate Era;' now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League be guided by the following principles in the ongoing Post-Interstate debate: The revenues currently earmarked for the Highway Trust Fund should continue to be allocated to surface transportation needs, and not diverted to federal deficit reduction. Money in the Highway Trust Fund should be spent. as soon as possible, with reasonable reserves held back, but not massive accumulation of funds. The Highway Trust Fund should be removed from the Federal Unified Budget so that its user fee revenues are not used to disguise budget deficits on paper. To the greatest extent possible, programs should be reorganized so that those elements which most greatly affect urban areas such as the Federal Aid Urban Highway System and the bridge replacement and repair program, are allocated directly to local governments with no necessity for a state pass-through or approval . Consideration should be given to an Urban Transportation Block Grant, which would combine many surface transportation programmatic efforts. Consideration of devolving the federal gas , tax to the individual states should be opposed. Federal support in the form of funding, research and development, technology transfers and intelligence on the hazardous nature of contents must be made available to local governments in their efforts to address nonrecurring traffic congestion through corridor management teams as provided in Congressman Applegate's legislation. State and local governments must be permitted 'to implement innovative techniques to generate the local share for federal aided projects including administration right-of-way donations or acquisitions, the use of toll facilities and real estate impact fees. Employers are urged to adopt flextime provisions in their management policies wherever possible. All levels of government are urged to provide incentives to companies for participation in flextime programs. res40.policy 41. RESOLUTION RELATING TO TRANSIT Source: Mayor Dave Karp and Council Member Linda Perry, City of Referred to: CommaLeandro itteeonTransportation and Public Works Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: when transportation, the Congress will addressing sothe need totreviewstheeEra of Post-Interstate hEra of public transit; and WHEREAS, the League of California Cities has long viewed the issue of surface transportation as one of mobility provided by highways, bridges, trains, buses, light rail as well as car and van pools; and WHEREAS, it is imperative that federal and state support for transit continue and grow as public transit is the only form of mobility available to the transportation-dependent of society: the poor, the elderly, the young and the handicapped; and WHEREAS, public transit serves as a ci.ty's most cost effective tool in the fight against air pollution and urban traffic congestion; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League be guided by the following principles in the ongoing Post-Interstate Transit debate: The revenues currently earmarked for mass transit from the federal gas tax must be maintained. Money in the Mass Transit Account of the Highway Trust Fund should be spent as soon as possible, with reasonable reserves held back, but not. the current massive accumulation of funds. Public Transit must be viewed and supported as a full and active partner in the nation's response to the need for individual and freight mobility as well as a specific answer to traffic congestion and air quality degradation. Current service levels for mass transit must be preserved while new and expanded services are aggressively pursued. Greater dollar investment, increased coordination of investments as well as greater flexibility in the use of available resources are needed and can be supplemented but not supplanted by new partnerships, competition and technology. res41.policy 42. RESOLUTION RELATING TO REGIONAL TRAFFIC IMPACT FEES Source: Committee on Transportation and Public Works Re7erred to: Committee on Transportation and Public Works Preliminary Recommendation to Resolutions Committee: . Final Recommendation to Resolutions Committee: WHEREAS, many regions in California are facing a transportation infrastructure crisis where new development is having a substantial impact on the regional transportation network; and WHEREAS, regional traffic impact fees on new.development have proven successful in Orange County and elsewhere to help: finance the necessary capacity improvements for the major regional transportation corridors; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support the concept of regional traffic impact fees as a way to fund capacity improvements for major regional transportation corridors to serve the regional traffic needs of new development and that the League encourage cities and counties to be receptive to and .explore the feasibility of regional traffic impact fees. res42.policy 43. RESOLUTION RELATING TO TRAFFIC SURVEY OF 85TH PERCENTILE Source: Los Angeles County Division Referred to: Committee on Transportation and Public Works Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, Section 40802 of the California Vehicle Code provides speed limits cannot be enforced by radar unless justified by an engineering and traffic survey within five years of the violation; and WHEREAS, Section 627 of the California Vehicle Code requires such surveys be conducted in accordance with methods determined by the Department of Transportation; and WHEREAS, these methods provide that speed limits be established as . close to the 85th percentile speed as possible; and WHEREAS, establishing speed limits on the basis of the speed at which 85 percent of the traffic is moving can result in speeds which are too high to be considered reasonable and safe on residential collector streets; and WHEREAS, alternatives to the application of the 85 percentile speed standard on residential collector streets are needed; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League work with the Department of Transportation to establish alternative standards for setting speed limits on local residential collector streets when the local agency has determined application of the 85 percentile speed standard is unreasonable and unsafe. res43.policy 44. RESOLUTION RELATING TO AIRPORT CAPACITY Source: Mayor Dave Karp and Council Member Linda Perry, City of San Leandro Referred to: Committee on Transportation and Public Works Pre iminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, 450 million passengers were handled at airports in the United States in 1987; and WHEREAS, it is estimated that by the year 2000, 750 million passengers are expected to utilize the nation's airports; and WHEREAS, it is projected that 32 airports will experience 20,000 hours of annual delays by the year 1996 unless there are significant improvements in airport capacity; and WHEREAS, the costs of delays is estimated at $3 billion to $4 billion a year; and WHEREAS, the Fiscal Year 1988 appropriations for aviation capital programs from the Aviation Trust Fund were cut considerably below levels authorized in the Airport & Airway Safety & Capacity Expansion Act of 1987; and WHEREAS, in addition to Congress's less than fully funding aviation programs, legislative efforts are underway to undermine the revenue base available to cities and their airport authorities by limiting their ability to impose user fees to all companies conducting business at their airport; and WHEREAS, federal courts have upheld the ability of local government to impose their user fees, holding that user fees are properly related to the revenue raising requirements of airports; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League strongly believes that there is a need to build new airports, build new runways, and to use technology to make existing airports and runways as efficient as possible; and be it further RESOLVED, that the League of California Cities call upon Congress to provide funding for the Airport Improvement Program (AIP) at the full $1.7 billion authorized level ; and be it further RESOLVED, that the League call upon Congress to reject the Administration's proposal to repeal the trigger tax provision, since the Aviation Trust Fund has nearly a E6 billion uncommitted surplus from aviation user taxes; and be it further RESOLVED, that the League of California Cities support the efforts of the Partnerships for Improved Air Travel and encourages its efforts to educate the public with respect to the positive impact of a modern, efficient aviation system; and be it further RESOLVED, that the League urge the National League of Cities to adopt similar policies and work with the Congress toward their implementation. res44.policy 45. RESOLUTION RELATING TO CABLE TELEVISION Source: Mayor Dave Karp and Council Member Linda Perry, City Of Referred to: CommaLeandro itteeonTransportation and Public Works Preliminary Recommendation to Resolutions Committee: Final Recommendation to Resolutions Committee: WHEREAS, cable television exerts an enormous influence on the lives and culture of city residents; and WHEREAS, cable television is a vital tool in communication of essential government information to citizens; and WHEREAS, the role of local governments in franchising and monitoring the performance of cable television companies is critical ; and WHEREAS, the League of California Cities helped play a leadership role in the development of and passage of the Cable Communications Act of 19849 ending years of legislative struggle between cities and the cable industry; and WHEREAS, the principal provisions of the Act have been under attack by the industry since enactment of the law, in the courts, before the Federal Communications Commission and in other forums; and WHEREAS, these actions threaten the delicate balances achieved in the 1984 legislation in areas such as franchising, rate regulation, renewal, franchise fees and access; and WHEREAS, many cities are facing lawsuits from cable operators and would-be cable operators which challenge basic franchising and regulatory actions on First Amendment grounds; and WHEREAS, the courts have yet to establish clear-cut and certain rules concerning the proper application of the First Amendment to municipal regulation of cable television, and have struck down municipal regulation in several cases as in violation of the First Amendment; and WHEREAS, these lawsuits frequently seek the award of millions of dollars of damages as well as the elimination of virtually all regulation, including access requirements, universal service requirements, franchise fee payments, and technical standards; and WHEREAS, these lawsuits have attacked all aspects of municipal regulation, including decisions not to renew the franchise of an incumbent cable operator, to impose regulatory and franchise requirements on existing and would-be cable operators, and to conduct a selective franchising process; and WHEREAS, the municipal actions at issue in these lawsuits have been taken by cities and towns in conformity with and in good faith reliance on the provisions of the Cable Act; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League support legislation to preserve the intent of the 1984 legislation; and be it further RESOLVED, that the League seek a series of dialogues with representatives of the cable television industry to discuss the status of the 1984 Act and other interests of mutual concern; and be it further RESOLVED, that the League support the enactment of federal legislation which provides broad protection against the award of damages in First Amendment lawsuits for regulatory and franchising activities by municipalities relating to cable television, including decisions not to renew franchises, to establish and enforce regulatory requirements, or to utilize a selective franchising process; and be it further RESOLVED, that the League urge the National League of Cities to adopt similar policies and work with the cable industry and the federal government toward their implementation. res45.policy I /l-�� 46. RESOLUTION RELATING TO CONGRESSMAN JAMES J. HOWARD Source: Mayor Dave Karp - City of San Leandro Rimed to: Committee on Transportation and Public Works Pre iminary Recommendation to Resolutions Committee: . Final Recommendation to Resolutions Committee: WHEREAS, Congressman Jim Howard served the citizens of New Jersey with honor for more than three decades as a teacher and Member of Congress; and WHEREAS, as Chairman of the Subcommittee on Surface Transportation from 1976-19809 he was instrumental in bringing together all transportation interests into a common working bond; and WHEREAS, as Chairman of the House Public Works and Transportation Committee, he was a tireless leader on behalf of cities in the areas of surface transportation, environmental quality, economic development, and many other areas; and WHEREAS, his death in April of this year was a tragic loss to the nation's cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Diego, October 18, 1988, that the League mourns the passing of Congressman Jim Howard, but remembers with great gratitude his tremendous accomplishments and extends its best wishes for the future to Chairman Howard's family. . res46.policy // `-, / LEAGUE OF CALIFORNIA CITIES _ _,44ITTEE ON REVENUE AND TAXATION - 1988 Chairperson Harriet Stockwell , Council Member, E1 Cajon Vice Chairperson Linda Jeffery, Mayor, Dublin League Staff James Harrington, Dan Harrison Department Appointments City Attorneys Louis Green, City Attorney, Sunnyvale City Clerks Elias Martinez, City Clerk, Los Angeles City Managers John Dunn, City Administrative Officer, San Luis Obispo Fire Chiefs Michael Dolder, Fire Chief, San Luis Obispo Fiscal Officers John deRussy, Finance Director, San Mateo Mayors & Council Members Fred Reid, Council Member, Lodi Planning & Community Development Anne Moore, Planning Director, San Rafael Police Chiefs Kenneth S. Jones, Chief Of Police, Newark Public Works Officers Thomas M. Blalock, Public Works Director, Fremont Recreation, Parks & Community Services Syd Kronenthal , Human Services Director, Culver City Division Appointments Central Valley Janet Carlsen, Mayor, Newman Channel Counties Vicky Howard, Mayor Pro Tem, Simi Valley East Bay Georgean Vonheeder, Vice Mayor, Dublin Imperial County '-%land Empire Rena M. °Pat" Murphy, Council Member, Cathedral City s Angeles County Nell Mirels, Mayor Pro Tem, Rolling Hills .Estates monterey Bay Joseph J. Ghio, Council Member, Santa Cruz North Bay Division Gary Falati, Mayor, Fairfield Orange County John C. Holmberg, Council Member, La Habra Peninsula Redwood Empire Peter Mann, Council Member, Crescent City Sacramento Valley Dudley R. Holman, Council Member, Woodland San Diego County R. H. Dorman, Mayor, Coronado South San Joaquin Valley Nero Pruitt, Council Member, Porterville Affiliate Appointments Assistants Groups Mark Rohloff, Administrative Analyst, Long Beach California Building Officials California Municipal Treasurers Association Mary Turner, City Treasurer, Anaheim California Society of Municipal Finance Officers Robert S. Biery, Finance Director, Thousand Oaks Municipal Data Processing Association of California Steven Hale, Data Processing Manager, San Bernardino over . . . Appointments Of The President James A. A gie, Director Of Financial Management, Long Beach Ronald C. Anderson, Jr., Deputy City Manager, Fresno Lynne C. Barrette, Assistant City Manager, Santa Monica Don Blubaugh, City Manager, Walnut Creek Deborah Brown, Council Member, Rancho Cucamonga Tom Campbell , Fire Chief, Salinas Timothy J. Casey, City Manager, Redondo Beach Rex Clark, Council Member, Watsonville John Crowley, Council Member, Pasadena Vera Robles Dewitt, Council Member, Carson Robert Eaton, Director Of Finance, Vacaville Harry Ehrlich, Public Services, Irvine Patricia T. Frazier, Financial Management Director, San Diego John 0. Goss, City Manager, Chula Vista James M. Hanks, Finance Director, Port Hueneme Mark Hanlon, Council Member, Sunnyvale Rita Haugner, Council Member, Alameda John J. Healy, Council Member, Santa Rosa Bruce Henderson, Council Member, San Diego Paul R. Howard, Finance Director, Palm Springs Balvino Irizarry, Council Member, Modesto 'Shelley Jones, Director Of Public Works, Ventura Robert Leland, Finance Director, Fairfield John S. Lindsay, Director of Finance and Administrative Services, Santa Rasa Marvin Loney, Mayor, Lompoc Jeanne M. Markson, Council Member, Sonoma Thomas G-. Mauk, City Manager, Whittier Ross S. Nammar, City Manager, San Jacinto Robert Norquist, Asst To The City Admin/Budg & Fin, Culver City .Tom Oglesby, City Manager, Camarillo Lu Ryden, Council Member, San Jose Thomas R. Sisson, Chief Administrative Analyst, Los Angeles Robert A. Traverso, Assistant City Manager, Davis Zev Yaroslaysky, Council Member, Los Angeles RT 9/1/88 pclists.policy 1647