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HomeMy WebLinkAbout10/05/1999, C6 - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLUTIONS Council ' 'ia-s-� j acEnaa wpoat CITYOF SAN LUIS O B I S P O FROM: Lee Price, City Cler-(:; ' Prepared By: Diane Reynolds, City Clerk Secretary, / / SUBJECT: LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLUTIONS RECOMMENDATION: Authorize the voting delegate to support the resolutions as submitted, unless Council provides alternate directions. DISCUSSION: Each year the City receives a number of proposed resolutions from the League of California Cities. This year sixteen resolutions have been presented for consideration. Each of the policy committees met August 26" and 27' to review proposed resolutions and to formulate preliminary recommendations prior to the Annual Conference. Another meeting of the policy committees will be held at the Annual Conference on Saturday, October 9'. During these hearings, any city official wishing to discuss any resolution will have an opportunity to address the policy committee concerned. The General Resolutions Committee will meet at 1:30 p.m. on Monday, October 11', in the San Jose Convention Center to consider the reports of the policy committee. The General Assembly will convene at 9:15 a.m. on Tuesday, October 12th, during the Annual Business Meeting in the San Jose Convention Center to consider the report of the General Resolutions Committee. Please review these resolutions 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. ATTACHMENT: Conference Resolutions Conference Voting Procedures C6-1 y September 8, 1999 ?000 TO: MAYORS AND CITY MANAGERS MEMBERS OF THE LEAGUE BOARD OF 0 DIRECTORS MEMBERS OF LEAGUE POLICY In u COMMITTEES 1n League for the Millennium MEMBERS OF GENERAL RESOLUTIONS COMMITTEE Note to City Managers and City Clerks: Please make immediate distribution to the mayor and to other city officials planning to attend the 1999 Annual Conference. If additional copies are required,we urge you to reproduce them in your city or print a copy from the League's CITYLINK Web site(http://www.eacities.org),click on"What's New". Additional copies are not available from the League,but a limited number will be available at the Conference . RE: TRANSMITTAL OF LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE RESOLUTIONS This packet contains: I. Information and Procedure II. Guidelines for Annual Conference Resolutions III. Location of Meetings IV. Membership of General Resolutions Committee FRECEIVED V. Preliminary History of Resolutions 999 VI. Annual Conference Resolutions UNCIL PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE ——— October 10-12, 1999— San Jose——— C6-2 I. INFORMATION AND PROCEDURE Resolutions Contained in this Packet. The League Bylaws provide that resolutions shall be The General Assembly will convene at referred by the President to an appropriate 9:15 a.m.on Tuesday,October 12,during the policy committee for review and Annual Business Meeting in the San Jose recommendation. Resolutions with committee Convention Center to consider the report of the recommendations shall then be referred to the General Resolutions Committee. General Resolutions Committee at the Annual Conference. Resolutions considered by the General Assembly will retain the numbers assigned to This year 16 resolutions have been presented for them in this document. consideration by the Annual Conference and referred to the League policy committees. Each Initiative Resolutions. For those issues that of the policy committees met August 26 or 27 to develop after the normal 60-day deadline, a review proposed resolutions and to formulate resolution may be introduced with a petition preliminary recommendations prior to the signed by designated voting delegates of 10 Annual Conference. The sponsors of the percent of all member cities(47 valid signatures resolutions were notified of the time and place required)and presented to the President of the of those meetings. League no later than 24 hours prior to the time set for convening the Annual Business Session This packet contains a copy of all resolutions of the General Assembly. This year,the that have been received and assigned to policy deadline is Monday,October 11, 1999, committees. The source of the resolutions,the 9:15 a.m. If the Parliamentarian finds that a policy committees to which they were assigned, petitioned resolution is substantially similar in and the preliminary recommendations of the substance to a resolution already under policy committees to the General Resolutions consideration,the petitioned resolution will be Committee are indicated. The recommended disqualified. actions reported in this packet are preliminary. Any questions concerning the resolutions Consideration of Resolutions at Conference. procedure should be directed to Marian Avila in Another meeting of policy committees will be the Sacramento office of the League, held at the Annual Conference on Saturday, 916-658-8224. October 9. The location for each of these meetings is shown on page iv. During these hearings, any city official wishing to discuss Carolyn Ratto, President any resolution will have an opportunity to League of California Cities address the policy committee concerned. Mayor Pro Tem,Turlock The General Resolutions Committee will meet at 1:30 p.m. on Monday,October 11,in the San Jose Convention Center,to consider the reports of the policy committees. The Committee includes one representative from each of the League's regional divisions, functional departments, and standing policy committees,as well as additional city officials appointed by the League president. 11 C6-3 H. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS 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 standing policy committees and the Board of Directors. The process allows for timely consideration of issues in a changing environment and assures broad city officials the opportunity 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 1. 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 committees and Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League Bylaws. Resolutions to amend the League bylaws will require a two-thirds vote by the General Assembly for approval. C6-4 111. LOCATION OF MEETINGS Policy Committee meetings will be as.follows: Saturday. October-9, 1999 - 3 p.m. and 4:30 p.m. Fairmont Hotel 170 So..Market Street San Jose Policy..Committee Time Employee Relations 3`p.m. Housing, Comm. &Econ. Development 3 p.m. 'Public Safety 3 p:m. Revenue and Taxation 3 pdn. Administrative Services 4:30 p.m. Community Services 4:30 p.m. Environmental Quality 430 pm. (TCPW will not meet) »»»»»»»»»»»»»»»»»»»> General Resolutions Committee (Monday, October 11, 1999 at 1:30 p.m.) Ballroom Al - San Jose Convention Center 333 West San Carlos Street San Jose »»»»»»»»»»»»»»»»»»»> General Assembly at the Annual Business Meeting (Tuesday, October 12, 1999,at 9:15 a,m.) Ballroom Al -San Jose Convention Center 333 West San Carlos Street San Jose iv C6-5 IV. GENERAL RESOLUTIONS COMMITTEE League of California Cities 101 Annual Conference- San Jose, October 10-12, 1999 Chair: Dave Fleming, Mayor, Vacaville Vice Chair: Rosario Marin, Mayor, Huntington Park Parliamentarian: Arlen Gregorio, Attorney at Law, San Francisco Stephany Aguilar, Council Member, Scotts Valley Mark Montemayor, Mayor Pro Tem, West Sacramento Maria Alegria, Mayor, Pinole Kevin O'Rourke, City Manager, Fairfield Bob Allen, Council Member, Selma Jess Ortiz,Mayor, Arvin Ben Anderson, Mayor, American Canyon Alex Padilla, Council Member, Los Angeles Leonard Augustine, Council Member,Vacaville Bev Perrry, Mayor Pro Tem, Brea Ralph Bailey, Personnel. & Employee Relations Bob Pinzler, Council Member, Redondo Beach Dir., Monterey Miguel Pulido, Mayor, Santa Ana Don Bankhead, Council Member, Fullerton Oscar Rios, Mayor, Watsonville Jane Bartke, Council Member,El Cerrito Frank Roberts,Mayor,Lancaster Nathaniel Bates,Council Member, Richmond Mike Serpa, Council Member, Modesto Alicia Becerril, Supervisor, San Francisco Armour Smith, Vice Mayor, Modesto Ariel Calonne, City Attorney, Palo Alto Manny Soliz, Council Member, Antioch Margaret Clark, Mayor Pro Tem, Rosemead Thomas Sullivan, Comm. Dev. Dir., Grover Beach John Chlebnik, Council Member, Calimesa Steve Temple, Dir. of Finance, Hemet Betty Cook, Council Member, Colton James Thalman, Council Member, Chino Hills Richard Cullinen, Council Member, Cotati Marland Townsend, Council Member, Foster City Dennis Downs, Fire Chief, Ventura Larry Todd, Police Chief, Los Gatos, Monte Sereno Mac Dube, Council Member, Twentynine Palms Dennis Wilberg,Dir. of Public Works,Mission Viejo Nadine Felix, Gen. Mgr, Convention& Cultural Alice Woody, Council Member, San Jose Facilities, San Jose Tony Ferrara, Vice Mayor,Arroyo Grande Fran Florez, Council Member, Shafter Gil Garcia, Council Member, Santa Barbara Nancy Goodrich,Asst. Police Chief, San Diego Joe Hilson, Council Member, Hayward Lori Howard, Council Member, Santee Debra Jackson, City Clerk, Imperial Rodney Jones, Mayor, Anderson Helen Kawagoe, City Clerk, Carson Craig Lake, Council Member, Lemon Grove Robin Lowe, Mayor, Hemet Roberta MacGlashan, Mayor, Citrus Heights Carol McCauley, Council Member, Oceanside Kathryn McCullough, Council Member, Lake Forest Jere Melo, Mayor Pro Tem, Fort Bragg v C6-6 I. HISTORY OF RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Please note some resolutions may have been assigned to more than one committee. These resolutions are noted by this sign (4). KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee - Preliminary A- Approve 2. Policy Committee - Final D- Disapprove 3. General Resolutions Committee N - No Action 4. General Assembly R- Refer to appropriate policy committee for study Action Footnotes a- Amend * Subject matter covered in another resolution Aa- Approve as amended ** Policy Committee will make final Aaa- Approve with additional amendment(s) recommendation at October 9 meeting *** Existing League policy Ra- Amend and refer as amended to appropriate policy committee for study **** Local authority presently exists Raa- Additional amendments and refer Da- Amend(for clarity or brevity) and Disapprove Na- Amend(for clarity or brevity) and take No Action W - Withdrawn by Sponsor [Procedural Note: Resolutions that are approved by the General Resolutions Committee,as well as all qualified petitioned resolutions,are reported to the floor of the General Assembly. At the 1998 Annual Conference,the League General Assembly approved Resolution#2,which established a procedure to give the General Assembly the additional opportunity to consider any resolutions approved by League policy committees but not approved by the General Resolutions Committee. Following the adoption of Resolution#2-1998,League policy now provides that: Every resolution initially recommended for approval and adoption by the League policy committee(s) but subsequently recommended for disapproval,referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy committee(s)and General Resolutions Committee,as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly,the request for debate is approved,the General Assembly shall have the opportunity to debate and subsequently vote on the resolution.] vi C6-7 Resolutions have been grouped by policy committees to which they have been assigned. Please note some resolutions may have been assigned to more than one committee. These resolutions are noted by this sign Number Key Word Index Reviewing Body Action ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3 4 1 Amending Political Reform Act to Increase Fees for Aa Copies *2 Distribution of Proceeds from Tobacco Settlement ** Memorandum of Understanding COMMUNITY SERVICES POLICY COMMITTEE 3 Supporting Reauthorization of the Older Americans Act Na Federal Legislation 4 Stable Funding for Libraries Na EMPLOYEE RELATIONS POLICY COMMITTEE 5 California Public Employees' Retirement System I A (CaIPERS)Board of Administration Membership ENVIRONMENTAL QUALITY POLICY COMMITTEE 6 Forest Products Labeling A 7 Public Hearings of California Environmental Quality Act Aa Reports 8 Use of Fluoride in Public Water Supplies N* 9 Use of Fluoride in Public Water Supplies Aa HOUSING,COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE 10 Local Control Over Group Homes with Six or Fewer Aa Clients +11 State and Local Government Fiscal Reform Efforts A PUBLIC SAFETY POLICY COMMITTEE 12 Emergency Medical Services A 13 Implementing the"Tag You Lose"Campaign A 14 Opposing Color-Tread Tires(*Revised language) A (original) 15 Pro-Active Ordnance Procedures R ♦16 Support for Police, Fire and Local Government Service A Funding Initiative vii C6-8 Number Key Word Index Reviewing Body Action REVENUE AND TAXATION POLICY COMMITTEE 1 2 3 4 ♦2 Distribution of Proceeds from Tobacco Settlement Aa Memorandum of Understanding ♦11 State and Local Government Fiscal Reform Efforts N ♦16 Support for Police,Fire and Local Government Service A Funding Initiative TRANSPORTATION AND PUBLIC WORKS POLICY COMMITTEE Note No resolutions were assigned to this policy committee. RESOLUTIONS INITIATED BY PETITION Resolution General Committee Assembly Recommendation Action Pol icy\acres\table99.doc Viii C6-9 VI. ANNUAL CONFERENCE RESOLUTIONS Resolutions Referred to Administrative Services Policy Committee I. RESOLUTION RELATING TO AMENDING POLITICAL REFORM ACT TO INCREASE FEES FOR COPIES Source: Administrative Services Policy Committee Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended. Final Recommendation to General Resolutions Committee: WHEREAS, Proposition 9,the Political Reform Act, was approved by the voters in 1974; and WHEREAS, Proposition 9 was chaptered in the Government Code as Title 9. Political Reform, Chapters 1 through 11, Sections 81000 through 91015; and WHEREAS, Section 81008. Inspection of Reports; Fee for Copies, subsection(a)provides in part"Copies shall be provided at a charge not to exceed ten cents($0.10)per page. In addition,the filing officer may charge a retrieval fee not to exceed five dollars ($5)per request for copies of reports and statements which are five or more years old.'; and WHEREAS, twenty-five years have passed since the passage of Proposition 9 in 1974 and the fee for reproduction of such records was then ten cents ($0.10)per page and remains the same in 1999; and WHEREAS, in 1974,the cost of a first class postage stamp was eight cents($0.08)and has increased to thirty-three cents ($0.33)in 1999; and WHEREAS, in 1974, a hand-canceled letter by the postal clerk was free but in 1999 a consumer is charged sixty cents ($0.60) for this service; and WHEREAS, in 1974,the cost of a certified birth certificate was two dollars ($2)per copy but in 1999 the cost has increased to fifteen dollars($15)per copy; and WHEREAS, in 1974,there was no charge for telephone information but in 1999,there is a twenty-five cent($0.25) charge for local information and ninety-five cents($0.95) charge for out of the area information; and WHEREAS,the requests and demands for copies of campaign statements has increased by 300 percent and impacts the normal daily workload necessitating overtime pay to complete the routine daily business; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999,that the League support legislation to amend Government Code Section 81008, subsection(a), to increase the fee for the reproduction of statements required under the Political Reform Act from ten cents($0.10)per page to twenty-five cents($0.25)per page. C6-10 ♦2. RESOLUTION RELATING TO DISTRIBUTION OF PROCEEDS FROM TOBACCO SETTLEMENT MEMORANDUM OF UNDERSTANDING Source: Cities of Coalinga, Arvin, California City, Delano, Lemon Grove, Maricopa, McFarland, Ridgecrest, Shaffer, Susanville, Taft,Tehachapi, and Wasco. Referred to: Administrative Services and Revenue and Taxation Policy Committees Preliminary Recommendations to General Resolutions Committee: ♦Administrative Services Policy Committee- Policy Committee will make final recommendation at the October 9 meeting. *Revenue and Taxation Policy Committee -Approve as amended. Final Recommendation to General Resolutions Committee: WHEREAS,the governing bodies of the State of California, its 58 counties, and its four largest cities,through a Tobacco Settlement Memorandum of Understanding ("MOV') developed by their attorneys in 1998, have agreed to divide among themselves by a specified formula some $25 billion in anticipated revenues in the form of payments from the tobacco companies over the next 25 years under the MOU; and WHEREAS, it is perceived that such anticipated revenues may be considered, by at least some state officials, to be an offset or reimbursement for the $4 billion plus of tax receipts that have been redirected by the state, in the 1990s to date,to the State Treasury from the previous distribution to counties, cities and other local agencies; and WHEREAS,the MOU provides for four large cities and 58 counties to receive some $12.5 billion in anticipated revenues over the next 25 years, but does not provide by formula or otherwise for any of the other 469 of California's 473 cities--from whom the bulk of the"redirected" $4 billion to date has been taken--to receive even a penny for their communities and programs, which include, among others, significant health-related services such as DARE and Emergency Medical Services; and WHEREAS, it would seem most appropriate that all 473 California cities be equitably included as recipients (or"payees") of revenues received under the Tobacco Settlement MOU, and that any reimbursements to those local governments and agencies that lost revenues to the state in the 1990s be made on an equitable basis proportionate to the revenues so lost; now,therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Jose, October 12, 1999,that the League assist its interested member cities to achieve guaranteed appropriate, fair and equitable shares of Tobacco Settlement revenues currently anticipated to be received by the state and counties, and due under the Memorandum of Understanding ("MOU") between the State of California's Attorney General and four cities and 58 counties in the state; said assistance could be in the form of League sponsored legislation, support in negotiations between cities and their respective counties, or by other means; and be it further 2 C6-11 RESOLVED,that a mechanism be set up such that all proceeds and revenues received from the tobacco companies be placed in trust funds,or other appropriate instruments, immediately upon receipt from the tobacco companies, for payment only to the appropriate payee(s)(i.e., state, counties and cities), so that no agency in the future can divert any such proceeds from the appropriate payees, without the payee's prior agreement in writing. »»»»» Resolutions Referred to Community Services Policy Committee 3. RESOLUTION RELATING TO SUPPORTING REAUTHORIZATION OF THE OLDER AMERICANS ACT FEDERAL LEGISLATION Source: City of San Jose Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend and take no action. Final Recommendation to General Resolutions Committee: WHEREAS,the Older Americans Act respects the unique needs of local communities by encouraging planning that responds to local priorities through flexibility in grant allocations and input from local governments; and WHEREAS,the Older Americans Act acknowledges the dignity of older persons by supporting their desire to remain self-sufficient in their own homes through an array of home and community-based services; and WHEREAS,the proposed reauthorization of the Older Americans Act includes a new provision known as the Family Caregiver Support Program with a new and separate appropriation to enable families to secure a tax credit for care-giving and implement new care-giving services; and WHEREAS,the federal Older Americans Act has provided the infrastructure for aging services for cities throughout the nation for over twenty years, and has provided hundreds of millions of dollars in basic funding for the key senior services delivered through city senior centers on which seniors and city senior services staff rely, which are often matched by city general funds and CDBG grants; and WHEREAS, the funding allocations for the Older Americans Act have not kept pace with the increases in the older population; and WHEREAS, one of the greatest strengths of the legislation is that it has steadfastly opposed means testing for its services, ensuring access to all older Americans; and WHEREAS, two of the most important services that are now required by the Older Americans Act to be provided by every community receiving Older Americans Act funds are legal services and ombudsman services; now,therefore, be it 3 C6-12 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose,October 12, 1999,that the League support reauthorization of the Older Americans Act legislation that continues to require and fund legal and ombudsman services as provided in the current version of the bill, and continues to offer services without means testing and without taking away from other programs; and be it further RESOLVED, that the League of California Cities support state activities to request the National League of Cities to encourage the federal government to support reauthorization of the Older Americans Act. »»»»» 4. RESOLUTION RELATING TO STABLE FUNDING FOR LIBRARIES Source: City of Agoura Hills Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend and take no action. Final Recommendation to General Resolutions Committee: WHEREAS,restored revenue funding is needed to back-fill empty bookshelves after years of lost revenue have left public libraries unable to provide sufficient current materials to meet the over- growing demands of school children in grades K through 12; and WHEREAS, restored revenue funding would also be used to extend library hours of operation to make public libraries more accessible to children after school, evenings, and on weekends when student use of libraries is at its highest; and WHEREAS, computers and technology are critically needed at the public libraries to meet the new challenges on school children as they are about to enter the new millennium of learning; and WHEREAS,the Public Library Fund(PLF)provides state revenue to individual public libraries but has not recently been fully funded by the state; and WHEREAS, for example, in Los Angeles County the cumulative shortfall in books and materials since the property tax shift, when adjusted for inflation,has been a loss of$35.1 million, and to restore the level of Los Angeles County library services just to what it was prior to the tax shift six years ago, when adjusted for inflation, would require $11.2 million; and WHEREAS, books and materials purchased with state funds would be consistent with state and local curriculum guidelines to ensure that such materials adequately serve the education needs of our children, now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999,that the League reaffirm its support for the full funding of the Public Library Fund; and be it further 4 C6-13 RESOLVED,that the League support legislative efforts to secure a stable funding source for city and county libraries to begin to satisfy long,unmet needs at public libraries,while the state must provide full reimbursement to local agencies for state-mandated programs and/or costs. »»»»» Resolutions Referred to Employee Relations Policy Committee 5. RESOLUTION RELATING TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (Ca1PERS) BOARD OF ADMINISTRATION MEMBERSHIP Source: Employee Relations Policy Committee Referred to: Employee Relations Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, over 430 California cities participate in the CaIPERS retirement system; and WHEREAS, funding of retirement costs and benefits are a significant portion of the annual budgets of these cities, and the 200,000 employees in these cities represent approximately 20 percent of the Ca1PERS active and retired membership; and WHEREAS,the policies of Ca1PERS are established by the Board of Administration, including but not limited to investment of employer and employee contributions to Ca1PERS, adoption of administrative policies, interpretation of retirement law, disability retirement decisions and other decisions significantly impacting the finances of member cities; and WHEREAS, the Board of Administration is currently composed of 13 members, including four appointed by the Governor, six elected by employees, retirees and organized labor, one appointed by the Legislature, and two ex-officio members holding designated state offices; and WHEREAS,only one member among the four appointed by the Governor represents cities; and WHEREAS, in order to ensure the integrity of investments and financial returns, Ca1PERS has adopted a corporate governance philosophy regarding those companies in which it invests; and WHEREAS, cities represent major investors in Ca1PERS and share similar concerns about corporate govemance within Ca1PERS; and WHEREAS,currently there is no proportionate representation for cities on the Board of Administration, and,therefore, less opportunity for direct involvement in the activities and decisions of the Board of Administration by cities; and WHEREAS,a Board of Administration member, selected by and representing cities, would enhance the cities' confidence in Ca1PERS and the decisions of the Board of Administration; now, therefore, be it 5 C6-14 RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999,that the League petition the Governor and the Legislature to expand the membership of the Ca1PERS Board of Administration to include one new member appointed by the League of California Cities. »»»»» Resolutions Referred to Environmental Ouality Policy Committee 6. RESOLUTION RELATING TO FOREST PRODUCTS LABELING Source: Environmental Quality Policy Committee Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, at the 1998 League of California Cities Annual Conference held in Long Beach, Annual Conference Resolution Number 12, related to forest products labeling,was referred to the Environmental Quality Policy Committee for further study; and WHEREAS, cities regularly purchase forest products in the forms of lumber,plywood, constructive and decorative timbers, laminated beams,wood trusses, millwork,paper products and other consumer goods that have wood as a basic raw material; and WHEREAS, California is a leading state in the production of wood products, but the needs are so great that less than half of the consumer demand can be met from commercial timberlands of the State; and WHEREAS, a number of different private certification and forest product labeling programs exist to assist consumers; and WHEREAS, cities are interested in information about the harvest and manufacturing methods of forest products available on the market, along with the advertising of the products with respect to timber harvest and manufacture; and WHEREAS, the following information about timber harvesting and forest products is important in gaining an understanding of the complexity of the issue: 1. The U.S. Department of Commerce sets grade quality standards and labeling practices for solid wood products such as lumber, plywood,timbers and beams. 2. In California,the Z'Berg-Nejedly Forest Practice Act of 1973 sets standards for commercial harvest and restoration of timberland. Many other states, Canadian Provinces and some other countries use regulatory or voluntary programs for timber harvest and reforestation. 6 C6-15 3. There are a number of programs outside of government control that use various certification schemes to encourage timber harvest and reforestation, manufacture and utilization at levels that minimize environmental impacts. 4. The General Agreement on Tariffs and Trade (GATT) permits forest products labeling that reflects process and production methods, but GATT prohibits governments from requiring labels as the rules under GATT are designed to ensure that market access is available to producers and that labels cannot be used as a protectionist measure; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999, that the League encourage cities to purchase forest products that come from sustainable timberlands and that are manufactured by sustainable processes; and be it further; RESOLVED that the League support voluntary labeling of forest products to assist consumers, such as cities, to identify sustainably produced forest products; and be it further, RESOLVED that the League prepare and distribute to cities, for their use in the purchase of forest products, a resource book that provides information on: (1)U.S. Department of Commerce grade quality standards of forest products; (2)a list and description of nations, states and Canadian Provinces that have programs for sustaining the production of timber and forest values; and(3) a summary and explanation of the major private certification and forest product labeling programs. »»»»» 7. RESOLUTION RELATING TO PUBLIC NOTICE FOR CALIFORNIA ENVIRONMENTAL QUALITY ACT REPORTS Source: City of Diamond Bar Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended. Final Recommendation to General Resolutions Committee: WHEREAS, current state statutes and administrative regulations do not require a lead agency, such as the State of California, to conduct public hearings for projects that the lead agency has determined to require only a negative declaration or a mitigated negative declaration, pursuant to the California Environmental Quality Act(CEQA); and WHEREAS, current state statutes and administrative regulations only require one method of giving public notice (i.e., publication,posting or mailing), related to the circulation of CEQA documents making declarations and/or determinations to property owners or occupants of property impacted by the proposed project; and 7 C6-16 WHEREAS, when a lead agency determines.a project only requires a negative declaration or mitigated negative declaration and because there is no requirement to conduct:a publichearing or give extensive actual notice,persons who object to the selected environmental process are left with litigation as-the only reasonable way to express objections to the environmental process or the project's impacts; and WHEREAS, in order to assure complete disclosure and analysis of the environmental impacts of projects promulgated by extraterritorial public agencies (state, university; community college, school, county, special district or city), that impact the residents of areas both inside and outside of the jurisdictional boundaries of the lead agency of the proposed project; and WHEREAS, requiring comprehensive public notice (i.e., publishing,posting and mailing).for all projects proposed by public agencies (state,university, community college, school, county, special district or city), that impact the residents of areas both inside and outside of the jurisdictional boundaries of the lead agency of the project will assure the full and complete participation of those persons impacted by such projects; now, therefore, be it RESOLVED, by the General Assembly of the League�of California Cities assembled in Annual Conference in San Jose, October 12, 1999, that the League support legislation to require all projects proposed by state or focal public agencies-including universities; community colleges, schools, counties, cities, and.special districts--to comply with the identical local public notice requirements which would be applicable to projects sponsored by private developers in the jurisdiction where the project is located. »»»»» 8. RESOLUTION RELATING TO USE OF FLUORIDE IN PUBLIC WATER SUPPLIES Source: Marie Waldron, Council Member, Escondido Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action, subject matter covered in another resolution. Final_Recommendation_to General Resolutions Committee: WHEREAS, each citizen possesses the inalienable right to choose what foods they shall eat and drink, and the health care and the medications they will accept; and WHEREAS, even with clearly defined non-emergency public health measures,each citizen is afforded the right to informed consent; and WHEREAS,the public water supply is entrusted to the management of our local elected officials in order to assure that access to; and safety of;our most precious and essential community resource is protected for the good of each and every citizen consuming the water, not the benefit.of a selected,few; and WHEREAS, the universal essential nature of water requires that nothing,short of the same.level of human necessity and the need to provide safe drinkable water,warrants our representatives adding anything to the water supply for any other purpose without due diligence; and 8 C6-17 WHEREAS,populations and individuals vary in their susceptibility to, and need for,any specific medication; and WHEREAS,recent literature indicates that total exposure to fluoride from sources other than the water supply has risen, as has the incidence of the visible display of fluoride overdose in the form of dental fluorosis; and WHEREAS, the state legislative scheme,taken as a whole, recognizes that a city may adopt more stringent measures to protect water quality,just as states may adopt more protective measures than federal requirements; and WHEREAS, local government may desire to employ more effective, more economical, or more narrowly tailored methods of achieving the stated health goals that do not infringe upon citizens' right to choose, or that do not force the cost and hardship of abandoning the public water supply on those subsets of the population that are identified as unusually susceptible to the adverse effects of fluoride; and WHEREAS,the decision to fluoridate or not fluoridate has been historically a municipal concern; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999, that the League support legislation to rescind all laws that would deny local decision-making bodies from making their own independent determination regarding the use of their public water supplies as a delivery system for medication, or other substances intended to treat humans rather than the water, including fluoride; and to support legislation and regulations that confirm the right for local governments to pursue more stringent protection and safety of their water supplies in accordance with the tenets and objectives of the California Safe Drinking Water Act of 1996. »»»»» 9. RESOLUTION RELATING TO USE OF FLUORIDE IN PUBLIC WATER SUPPLIES Source: Lori Van Arsdale, Council Member,Hemet Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended. Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities generally opposes legislation that imposes the burden of unfunded mandates on local government; and WHEREAS,the potential liability generated from the effects of adding any substance to the public water supply, other than those necessary to assure consistent safe delivery of the purest potable water possible, would fall upon the shoulders of local government; and WHEREAS, legislation that requires the addition of any substance to the public water supply that is not necessary to improve water quality,purification and safety of delivery, as in the case of fluoridation, denies each and every citizen the right of informed consent; now, therefore, be it 9 C6-18 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999,that the League oppose all laws that would deny local government the right to make an independent determination and support legislation that would rescind all laws that deny the right to make an independent determination regarding the addition of any substance,other than those necessary for the safety and for consistent delivery of potable water,to their public water, and support legislation that confirms the right of local governments to pursue the protection and safety of their water supplies in accordance with the tenets and objectives of the California Safe Drinking Water Act of 1996. »»»»» Resolutions Referred to Housing, Community and Economic Development Policy Committee 10. RESOLUTION RELATING TO LOCAL CONTROL OVER GROUP HOMES WITH Six OR FEWER CLIENTS Source: City of Corona Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended. Final Recommendation to General Resolutions Committee: WHEREAS, state law, Health and Safety Code 1267.8 allows group homes with six or fewer beds in any residential district; and WHEREAS, several types of homes for six or fewer clients are exempt from state licensing requirements, including locational criteria; and WHEREAS,jurisdictions have no control over where group homes with six or fewer beds are located; and WHEREAS, these facilities can have potential health, safety and environmental impacts that can create problems for neighbors who tum to local leaders for assistance; and WHEREAS, the League of California Cities as part of its existing adopted policy and guiding principles supports permitting cities to exercise review and land use regulation of group home and residential care facilities in residential neighborhoods including the application of local zoning, building and safety standards, and has sponsored and supported legislation,participated in task forces, and lobbied in support of these policies in both the California Legislature and the United States Congress; and WHEREAS,this is an issue that affects all California jurisdictions; now,therefore,be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999,that the League's primary objective of this policy is to allow local control regarding the siting of these facilities by amending state statute; and be it further 10 C6-19 RESOLVED,that in order to affect the necessary changes, the League will continue its efforts to lobby the State Legislature to allow that jurisdictions: a) Have land use control over all group homes of six or fewer, including those exempted from state licenses pursuant to Health and Welfare 1505; and b) Establish business licensing requirements so the facilities can be mapped and monitored. »»»»» ♦11. RESOLUTION RELATING TO STATE AND LOCAL GOVERNMENT FISCAL REFORM EFFORTS Source: League Board of Directors Referred to: Housing, Community and Economic Development and Revenue and Taxation Policy Committees Preliminary Recommendation to General Resolutions Committee: ♦Housing, Community and Economic Development Policy Committee-Approve. ♦Revenue and Taxation Policy Committee-No Action. Final Recommendation to General Resolutions Committee: WHEREAS,the fiscal relationship between the state and city government has been substantially altered over the last 20 years through statewide ballot initiatives, state legislative and gubernatorial actions and the courts; and WHEREAS,the resulting revenue and taxation structure destabilizes city government finances and local services; and WHEREAS, the current revenue and taxation structure allows the state to continue to shift local government revenues to support state services during economic downturns; now,therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999,that the League adopt this resolution in support of a state and local government partnership to explore and recommend changes in the state and local finance structure to achieve an improved, more accountable and stable state and fiscal relationship for the new millennium. »»»»» II C6-20 Resolutions Referred to Public Safety Policy Committee 12. RESOLUTION RELATING TO EMERGENCY MEDICAL SERVICES Source: Public Safety Policy Committee Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS,the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act ("the EMS Act")was enacted by the California State Legislature in 1980; and WHEREAS, the EMS Act has been recently:interpreted.by the California Supreme Court in the San Bernardino case precluding cities and fire districts from expanding the level and scope of their prehospital medical care beyond that which was provided in 1980 without the approval of county governing bodies; and WHEREAS,the EMS Act has reduced cities' and fire districts' ability to determine the type and level of prehospital emergency medical care provided within their boundaries; and WHEREAS, according to the EMS Act, the emergency medical service providers operating within city and Are district boundaries are responsible to county governing bodies and not city councils or fire district boards; and WHEREAS, cities and fire districts are precluded from holding those emergency medical transport providers (ambulance companies)operating under county authority accountable for the type and level of service delivered to their residents and visitors; and WHEREAS, cities and fire districts have a public-safety-driven motivation to ensure that their citizens and visitors receive prompt and.high-quality emergency-medical services; and WHEREAS,the General Assembly of the League of California Cities,.assembled in annual conference in San Francisco, October 14, 1997, and again in Long Beach, October 3, 1998, did adopt a resolution and introduced legislation in 1998, AB 2586 authored by Assembly Member Deborah Ortiz, and cosponsored with the California Fire Chiefs Associations,the Fire District Association of California, California Professional Firefighters Association, and California.State Firefighters Association, which sought to amend the EMS Act to assure a more inclusive role by local government related to EMS delivery; and WHEREAS,the League of California Cities,by policy, supports and strives to ensure local control of those matters that directly influence the residents and visitors of their communities; now, therefore, be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999,that the League work with other interested parties to restore balance to the local control of EMS, and if and when necessary,the League cosponsor with the California Fire Chiefs Associations,the Fire District Association of California, California Professional 12 C6-21 Firefighters Association, and California State Firefighters Association, legislation to authorize cities and fire districts to prescribe and monitor the manner and scope of prehospital emergency medical services provided within their boundaries for the purpose of increasing the level of prehospital emergency medical service; to authorize cities and fire districts at their discretion to increase the level of emergency medical services provided within their boundaries,to and including the provision of prehospital emergency medical transport through ambulance services; to coordinate the provision of prehospital emergency medical services with the local emergency medical service agencies; and to authorize cities and fire districts to strategize in the cost recovery associated with the provision of prehospital emergency medical services to medically indigent individuals within their communities. »»»»» 13. RESOLUTION RELATING TO IMPLEMENTING THE"TAG YOU LOSE" CAMPAIGN Source: Pat Dando, Council Member, San Jose and Suzanne Jackson, Vice Mayor, Monte Sereno Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve. Final Recommendation to General Resolutions Committee: WHEREAS, graffiti is a blight on our society that remains a persistent problem despite the years of hard work throughout the State of California to eradicate graffiti; and WHEREAS, government agencies in California spend millions of dollars annually cleaning up graffiti vandalism, not including the money spent on law enforcement or by individual homeowners and businesses to keep their properties free of graffiti; and WHEREAS,there are a wide range of measures available to those convicted of graffiti vandalism, including suspension of driving privileges that are of the utmost importance to teenagers, as well as assigning responsibility to the graffiti offender,to maintain and clean certain area; and WHEREAS,the Santa Clara County Cities Association, in conjunction with the Santa Clara County District Attorney's Office, the Juvenile Courts and the Juvenile Probation Department of Santa Clara County initiated a strategy to increase awareness of the."Do Graffiti, Lose Your License"and "Adopt-A-Block" laws through a campaign titled"Tag You Lose," with the goal of deterring young people from committing graffiti; and WHEREAS, this collaboration constitutes a pledge by all parties to promote a broader awareness, vigilant enforcement, aggressive prosecution, and consistent application of the"Do Graffiti, Lose Your License,""Tag You Lose,"and"Adopt-A-Block" laws; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in the Annual Conference in San Jose, October 12, 1999, that the League endorse the"Tag You Lose"anti- graffiti campaign and encourage other cities to implement this program into their existing anti-graffiti programs and authorize the display of campaign posters and bumper stickers in appropriate prominent locations throughout cities within the state; and be it further 13 C6-22 RESOLVED,that the implementation of the"Tag You Lose"campaign be coordinated with law enforcement and other public safety agencies, as well as schools, youth service organizations, neighborhood associations, and neighborhood watch groups within California cities. »»»»» 14. (Proposed Revised ) Resolution Opposing Color- Tread Tires Source: League Board of Directors and the City of Gilroy Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve (original language). Final Recommendation to General Resolutions Committee: WHEREAS, BFGoodrich Tires, a unit of Michelin, has announced plans to market the"Scorcher T/A" line of tires having colored tread bands, and these colored tread bands are capable of leaving colored markings on street and roadway surfaces in the same manner as black tread marks are left on these surfaces; and WHEREAS,the BFGoodrich promotional material alse mmkes elear.that shows these tires will leave these colors in the tread(skid)marks left on street surfaces during rapid acceleration and hard braking stops; and WHEREAS, the promotional materials suggest that the appeal of the"Scorcher T/A" line of tires is to leave skid marks on street surfaces, which city officials believe will encourage unsafe driving; and WHEREAS, city officials believe that BFGoodrich should promote safety in conjunction with the sale of its products and BFGoodrich should be aware thm it is illegal te easeumge of the legal ramifications of encouraging anyone directly or indirectly to willfully leave tread marks on streets; and WHEREAS, the residue associated with such markings adds to the contaminants left on street surfaces, where rain water runoffs into storm drains can carry these l materials into rivers, creeks, bays, deltas, and other waterways,potentially adding to er-eating environmental and water quality problems; and WHEREAS, BFGoodrich Tires has chosen the colors Red, Blue and Yellow for these tire tread colors, and the colors Red and Blue are the two primary colors chosen by gangs, regardless of the nature, background or ethnic makeup of the gangs, and gang members are `loyal' to their color choice and are prone to violent behavior against anyone displaying a color of an opposing gang; and The proposed revisions are based on legal counsel's suggestions in light of subsequent correspondence from Michelin. These suggestions have not yet been considered by the League's policy committees,but wil be when they meet at the annual conference. Italics indicate proposed additions of language;slFgiethFoughs indicate proposed deletions. 14 C6-23 WHEREAS,gang members are known to leave graffiti written in their gang color in opposing gang territory to insult and intimidate rival gang$,thereby provoking violent actions in response from the rival gangs; and WHEREAS,city officials believe*e PPGoodr-irb colored-tread tires will provide a new means for gangs to leave their color marking in rival gangs territory, and such markings will be very difficult and expensive to remove, increasing the level of insult and intimidation imposed on the rival gangs; and WHEREAS,the behavior of one gang leaving colored graffiti markings in a rival gangs territory has been well-documented to provoke violent responses, including physical assaults, including shootings, stabbings, and other violent actions, sometimes resulting in death, and often involving innocent bystanders who become victims; and WHEREAS, traffic safety, gang activity and water quality issues are serious public concerns in California and local agencies incur significant expense in addressing each of these areas of citizen concern; and WHEREAS, the League board of directors has already adopted a policy of opposing the use of these tires and communicated its concerns to the manufacturer, which has refused to discontinue selling the tire; now,therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999, that the League and the cities of California jointly ask BFGoodrich Tires and the Michelin sCompany and any other company planning to market colored- tread tires in California to voluntarily abandon such a product line and thereby prevent the public safety, environmental and social problems these tires can potentially cause; and be it further RESOLVED, that the depth of city official concern about the potential consequences of having these tires in California's communities is sufficiently great that city officials are pursuing the following: 1. State and/or federal legislation to prohibit the use of colored tread tires on local streets and roadways; 2. Legal remedies to redress the anticipated consequences and problems of colored tread tires on local streets and roadways. 21. .4-s-k AMM: lav;AM—fe-Fea-RA-e-A-s- effi-e-Wils te use the full power.Af the lavis Afthis State And A 15 C6-24 stFeets;-ead »»»»» 15. RESOLUTION RELATING TO PRO-ACTIVE ORDNANCE PROCEDURES Source: City of Marina Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Refer to appropriate policy committee for study. Final Recommendation to General Resolutions Committee: WHEREAS, California cities have become important participants in addressing issues relating to unexploded ordnance through the military base closure process; and WHEREAS, claims have been made by interested persons and agencies that ordnance may be located on many parcels of land located within cities; and WHEREAS, cities are charged with the protection of the public's health and safety; and WHEREAS, cities have found that pro-active procedures may most effectively address health and safety issues regarding property upon which ordnance may be located; and WHEREAS, pro-active procedures include education, the provision of annual notice and the specific screening of excavation on properties that ordnance may be located; and WHEREAS, the California Department of Toxic Substance Control is charged on behalf of the State with regulating ordnance issues for the base closure process; and WHEREAS, the California Department of Toxic Substance Control requires the recording of restrictive covenants in the chain of title in addition to or instead of pro-active procedures; and WHEREAS, restrictive covenants make financing difficult for ordnance properties, which discourages economic reuse of such properties and adjacent lands; and WHEREAS, ordnance properties that have not achieved economic reuse are subject to unauthorized public access and use,thereby endangering the public; now,therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Jose, October 12, 1999,that the League sponsor legislation that would permit the use of pro-active ordnance procedures in lieu of restrictive covenants. 16 C6-25 ♦16. RESOLUTION RELATING TO SUPPORT FOR POLICE,FIRE AND LOCAL GOVERNMENT SERVICE FUNDING INITIATIVE Source: Cities of Taft and Tehachapi Referred to: Public Safety and Revenue and Taxation Policy Committees Preliminary Recommendation to General Resolutions Committee: ♦Public Safety Policy Committee - Approve. *Revenue and Taxation Policy Committee-Approve. Final Recommendation to General Resolutions Committee: WHEREAS,the California Legislature has, for the past two decades, deprived California cities of various revenue sources including,but not limited to Business Inventory Exemption Reimbursement; Liquor License Fees; Highway Carriers Uniform Business License Tax; Bank In-Lieu Tax; Cigarette Tax; and a portion of local property tax; and WHEREAS,the loss of such revenues has limited the ability of California cities to provide local government services to municipal residents and placed a substantial number of California cities in financial distress; and WHEREAS, the California Legislature has refused to restore municipal revenue sources, notwithstanding an extended period of economic prosperity with a record surplus in the California state budget; and WHEREAS, the California Legislature has been unable to provide a reasonable, reliable and consistent method for funding local governments in California; and WHEREAS, failure to resolve these issues leaves California cities to the caprice of the California Legislature on an ongoing basis; and WHEREAS, the membership of the Kern County Association of Cities,which includes the eleven incorporated cities of Kern County,has voted unanimously to support the Police, Fire and Local Government Service Funding Initiative and to recommend that the League of California Cities do likewise; now, therefore,be it RESOLVED by the General Assembly of the League of California Cities assembled in the Annual Conference in San Jose, October 12, 1999, that the League support the Police, Fire and Local Government Funding Initiative and encourage the voters of California to Bring Our Tax Dollars Home by supporting and voting for this initiative constitutional amendment. »»»»» 17 C6-26 Resolutions Referred to Revenue and Taxation Policy Committee ♦2. RESOLUTION RELATING TO DISTRIBUTION OF PROCEEDS FROM TOBACCO SETTLEMENT MEMORANDUM OF UNDERSTANDING Resolution #2 referred also to Administrative Services Policy Committee. For recommendaiton, see Administrative Services section. »»»»» ♦11. RESOLUTION RELATING TO STATE AND LOCAL GOVERNMENT FISCAL REFORM EFFORTS Resolution #11 referred also to Housing, Community and Economic Development Policy Committee. For recommendation, see HCED section. »»»»» ♦16. RESOLUTION RELATING TO SUPPORT FOR POLICE,FIRE AND LOCAL GOVERNMENT SERVICE FUNDING INITIATIVE Resolution #16 referred also to Public Safety Policy Committee. For recommendation, see Public Safety section. »»»»» [Note: No resolutions were assigned to the Transportation, Communications and Public Works Policy Committee.] 000000000000000 Po1icy199res1pkt2x.doc 18 C6-27 AN INITIATIVE AMENDMENT TO THE CONSTITUTION OF THE STATE OF CALIFORNIA POLICE.FIRE AND LOCAL GOVERNMENT SERVICE FUNDING INITIATIVE This initiative measure is submitted to the people In accordance with Article 11, Section a of the Constitution. This initiative measure expressly amends the Constitution by adding a section to Article XI thereof. PROPOSED AMENDMENT TO ARTICLE XI SECTION 1.TITLE This measure shall be known,and may be cited, as the Police, Fire and Local Government Service Funding Amendment- SECTION mendmentSECTION 2. PURPOSE AND INTENT It is the intent of the People of the State of California in enacting this measure to provide an adequate and reliable source of funding for California cities,counties,cities and counties, schools,and other special districts;to restore certain local government revenue taken by the California Legislature prior to June 1, 1998; and to prohibit the California Legislature from reducing local government revenue, from transferring the cost of existing state programs to local government agencies, or from imposing the cost of new programs upon local goverment agencies. SECTION 3. FINDINGS The people of the State of California hereby find and dedare that the provision of adequate local. government services is critically Important to the security,welt-being and quality of life of the State's citizens and to the growth and prosperity of the State and Its communities and that providing a reliable source of funding for 1=1 goverment services Is of paramount Importance to the people of this State. The people further find that protection of the public safety is an essential responsibility of local government and that local officials have an obligation to provide adequate public safety services. Local officials are also responsible for quality of fife services such as land use regulation, parks and recreation services,street maintenance,traffic control, building safety and similar services traditionally provided by local government agencies. SECTION 4 POLICE FIRE AND LOCAL GOVERNMENT SERVICE FUND a)An amount equal to fifty percent(50%)of the total sales and use tax revenue collected by the State of California during each fiscal year shall be deposited in the Police,Fire and Local Government Service Fund,which fund Is created by this Amendment. C6-28 SECTION 5. PROPERTY TAX RESTORED TO LOCAL GOVERNMENT All property taxes collected In this State pursuant to Section 1(a)of Article XIIIA of this Constitution are hereby declared to be local government revenue and shall be distributed among local government agencies in accordance with the law In effect on July 1,.1990. The.distribution . required by this.Section may be onli be altered in accordance with: n Article XVI,section 18 of this Constitution; QHQ a location determination made as part of a change of organization (Including- an Includingan Incorporation,annexation,detachment, consolidation,disincorporation or dissolution);or(1i7 a local determination to modify the proportionate share of the property tax in accordance with a modification of service responsibility. SECTION 8. SCHOOL FUNDING AND GROWTH IN FUNDING PROTECTED This Amendment shall not be interpreted or applied in any manner that will diminish the financial obligation of the State of Cardomia pursuant to Prop.98 or In any manner that will result In any loss of funding whatsoever or any loss whatsoever in the growth of funding to elementary or secondary schools in this site or to any institution of higher teaming. it is the Intent of this measure that the revenues required by Sections 4 and 5 of this measure be provided from State revenues and that, if those revenues are insufficient to provide those revenues and to accomplish State priorities that the required local government funding and the requirements of Prop.98 shall take precedence. SECTION 7. SEVERABILITY If any provision of this amendment or its application to any person or ci=mstance is held Invalid,that Invalidity shall not affect other provisions or applications of the amendment which can be given effect without the invalid provision or application, and to this end the provisions of this amendment are severable. SECTION B. RELATIONSHIP TO OTHER MEASURES If any provision of this measure, or the application of this measure to any person or circumstance is held to be Invalid or in conflict with another measure which is approved by a greater number of votes at the same election as this Amendment Is approved,the remainder of this measure shall remain In effecL In the event the conflicting ballot measure Is later Invalidated, it is the Intent of the People that this measure be reinstated and given the full force of law. SECTION 9. CONSTRUCTION This measure shall be liberally construed to effectuate Its purposes of enhancing local government funding and reducing State influence In local fiscal affairs. C6-29 The Police. Fire and Local Government Service Fundina Initiative An Initiative Constitutional Amendment Brina Our Tax Dollars Home Just as Proposition 98 provided long-term reliable funding for CaQfomta's schools and colleges, the Police.Fire and Local Government Service Funding Amendment provides tong-tern reliable funding for Califomia's cites, counties and special districts. Since 1978,the Cardomia Legislature has very quietly taken—stolen—billions of dollars from cities, counties and special districts to balance an ever growing state budget. Funds taken from cities and counties include money received from Liquor License Fees; Highway Carriers Uniform Business License Tax;Bank in-Lieu Tax;Cigarette Tax;and as much as 40 percent of the local Property Tax Most of the government services that Californians depend upon each day are provided by local government—by cities,counties and special districts—not by the State of California. Police,.fire,emergency medical response—ati high visibility services;all provided by clues and counties, not by Sacramental Streets,parks, recreation,transit, building and safety, code enforcement—all provided by cities, counties and special districts, not by Sacramental The Police, Fire and Local Government Service Funding Amendment provides permanent and reliable funding for these services without harming Proposition 98 school funding. First,the Amendment restores $3.6 billion per year in property tax funding to cites, counties and special districts by ending the transfer of local property taxes to state government In addition,the amendment redirects 50 percent of state sales tax revenue—approximately$10 billion per year—to the newly established Police,Fire and Local Government Service Fund. These funds will be apportioned to cities, counties and independent special districts as prescribed In the amendment. The initiative prohibits the legislature from penalizing local governments by reducing, eliminating or redirecting any city,county or special district revenue source in existence an June 1, 1998 or by requiring any city,county or special district to provide state mandated service without being paid the full cost of that service. Cities,counties and special districts—the governments nearest the people, the governments upon which Californians depend for everyday service and for catastrophic response—have been subject to the financial mischief of the Legislature for too long. The time has conte for cities, counties and special diistricts to present their case for predictable, reliable funding to the voters they serve through the Police,Fire and Local Government Service Funding Amendment For better cites, better counties, better services, bring our tax dollars home! Support the Police, Fire and Local Government Service Funding Amendment. C6-30 For purpose of this Section,sales and use tax revenue collected by the State of California shall not include revenue derived from any sales or use tax imposed by any city,county or city and county or any political subdivision which Is collected for them by the State,whether pursuant to the Bradley Bums Uniform Sales and Use Tax Law,the Transactions and Use Tax Law (Revenue&Taxation Code 7251 at seq.),or any other law;nor any sales and use tax revenue collected by the State of California pursuant to Article 13,Section 35 of this Constitution. b)The Legislature shall appropriate all monies deposited In the Police, Fire and local Government Service Fund.during each fiscal year for distribution.to local government agencies as follows: 1)One-third of all monies deposited In the Police, Fire and Local Government service . Fund shall be appropriated for distribution by the State Controller to cities, counties and cities and counties be on point of sale. 2)One-third of all monies deposited in the Police,Fire and Local Government Service Fund shall be appropriated for distribution by the State Controller to cities, counties and cities and counties on a per capita basis. 3)One-third of all monies deposited In the Police,Fire and Local Government Service Fund shall be appropriated for distribution by the State Controller to Independent special districts, excepting water districts and utility districts,which receive a portion of the property tax authorized by Section 1(a) of Article XIIIA In accordance with law in effect on the date this Amendment takes effect. c)Should distribution of funds from the Police, Fire and Local Government Service Fund result In any city, county, city and county or Independent special district receiving revenue In excess of its appropriations limit as specified in Article 13B of this Constitution, all such revenue shall . revert to the said fund for redlsiribution in accordance with Section 4(b)of this Amendment d) In implementing this Amendment,the Legislature shall not reduce, eliminate or redirect the revenues raised by local general and special taxes hor any revenue source allocated to local government agencies under law In existence on June 1, 1998; nor shall the Legislature require any local government agency to undertake any activity or to provide any service not being provided on June 1, 1998 without providing an appropriation to cover the entire cost of that activity or service, provided, however the enactment of a criminal statute shall not be within the scope of the prohibition of this paragraph. e)Should the Legislature reduce or abolish the State sales and use tax below the rate in effect an the date this measure takes effect, an amount equal to fifty percent(50%)of the total sales and use tax revenue collected by the State of California in the fiscal yeat Immediately prior to such reduction or abolition of the said taxes shall be appropriated from other State revenues and- shall be deposited in the Police, Fire and Local Government Service Fund and shall be distributed in the manner specified In Section 4(b) of this Amendment The replacement revenues required by this paragraph shall be adjusted for Inflation,for ehch year following the fiscal year immediately prior to any reduction or abolition of the State sales and use tax,In proportion to Increases in the Consumer Price Index for All Urban Consumers maintained by the. Bureau of Labor Statistics of the United States Department of Labor or any successor to that Index. C6-31 Kern C®unIss®c®afr®n of Crties.NIFETtwG _ y� AGENDA r ITEM # ® er CDD DIR pp O FIN DIR Ap 0FIRECHIEF CALIFORNIA CITY � �RNE' D PW DIR BAI�RSFIELD [BCLERK16Fdo O POLICE CHF O 96MT TEAM 0 REC DIR O.UTIL DIR ° 0 Dear Voting Delegate: �.0 13 PERSDIR- MARICOPA MCFARLAND On behalf of the Kern County Association of Cities; the cities of Taft and Tehachapi are soliciting your support for two resolutions being considered by the General Assembly of the League of California Cities on Monday,October 12, 1999 at San Jose. SHAFTER TAFT The first is proposed Resolution 16 entitled Resolution Relating To Support For Police, Fire and Local Government Service Funding initiative proposed. by the cities of Taft and Tehachapi and supported unanimously by the member cities of the Kern County Association WASCO of Cities. The proposed resolution was approved by the League's Revenue and Taxation Committee and its Public Safety Committee meeting in Ontario on August 26, 1999. PRESIDE The Police,Fire and Local Government.Service Funding Amendment provides permanent and JOHN ROWOUrS reliable funding for these services without harming Proposition 98 school funding. cmr of TEHACHAPI 115 S.ROBINSON ST TEHwcwAPI,ca First; the amendment immediately restores $3:6 billion per year in.property tax funding to moas61 cities, counties and special districts by ending the transfer of local property taxes to state government. 41PRESIDE AWARMENDAM In addition, the amendment redirects 50 percent of state sales tax revenue, approximately $10 CITY OFDo billion r ear to the newl established Police and Local.Government Service Fund. These P.o.Box >?e Y y DELANO.CA =6 funds will be-apportioned to cities, counties and independent special districts as prescribed in 661-721-300 the amendment. The initiative also prohibits the legislature from penalizing local governments by reducing, eliminating or redirecting any city,.county or special district revenue source in existence on June 1, 1998 or by requiring any city, county or special district to provide state mandated service without being paid the full cost of that service. Your support of Resolution 16 at the annual conference will help advance this important proposal to restore fiscal integrity to California local government. A full copy of the proposed initiative is available by calling Pat Parsons, City of Taft(661) 763-1222, ext. 12. It is also posted on the Internet at http%/www.geocities.com/fundinpinitiative. The second is proposed Resolution 2 entitled Resolution Relating To Distribution Of Proceeds From Tobacco Settlement Memorandum Of Understanding. This resolution was supported by the League's Revenue and Taxation Committee in Ontario and is awaiting action. Hopefully, it will be approved by the Administrative Committee at the October 9 Policy Committee meetings in San Jose. RECEIVED I FP. 2 9 1999 Voting Delegatt September 22, 1999 Page 2 This resolution encourages cities to seek an equitable share of the $25 billion/25-year tobacte settlement windfall being reaped by the State of California itself and by 58 counties and four cities. The Kern County Association 'p-f'GtWe and its;inember cities encourage each voting delegate to review these import" local government issues and to cast your ballot in support of these resolutions at the League's General Assembly on October 12, 1999. If you have questions on the Police, Fire and Local Government Service Funding Initiative, contact Eric G. Ziegler,City of Taft at(661) 763-1222, ext. 11 or cellular (661) 333-3113. If you have questions on the tobacco settlement, contact George Edes, City of Coalinga at (559)935-1533. Sincerely, Js R ^, John H.E. Rombouts KCAC President Mayor of the City of Tehachapi •