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HomeMy WebLinkAbout10/03/1995, C-5 - ANNUAL LEAGUE CONFERENCE RESOLUTIONS MEETING DATE: "N��b���ll!IIIIP°jIl�Iii city of San Luis OBISp0 10/3/95 ITEM�LJM COUNCIL AGENDA REPORT ER: l PREPARED BY: Kim Condon, Assistant City Cler ' f SUBJECT: ANNUAL LEAGUE CONFERENCE RESOLUTIONS CAO RECOMMENDATION: By motion, authorize the voting delegate to support the resolutions as submitted unless Council provides alternate direction. DISCUSSION: Each year we receive a number of proposed resolutions from the League of California Cities. This year 29 resolutions have been presented for consideration. Each of the policy committees met earlier this month to review these resolutions and make preliminary recommendations for presentation at the Annual Conference. The General Resolutions.Committee will meet in San . Francisco on Monday, October 23, to consider the reports of the policy committees. The General Assembly will convene its Annual Business Meeting at 9:30 a.m. on Tuesday, October 24 at which time the report of the General Resolutions Committee will be considered. Please review these resolutions with an eye toward 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. The City Administrative Officer has indicated that he and the City Attorney will review the proposed resolutions prior to the Council meeting and, if there are difficulties with or comments about any of those recommended for approval, this information will be provided to you prior to the October 3rd meeting. At its meeting of Tuesday, September 19, 1995, the Council appointed Mayor Settle as voting delegate and Vice-Mayor Romero as alternate. These resolutions may be further modified by the voting membership itself prior to being voted on during the Annual Business Meeting. Therefore, the voting delegate needs to be granted some flexibility to deal with the newly worded resolutions. ATTACHMENT: League Resolution Packet (To Council, CAO,. ACAO, and City Attorney only) ` ' a September 18, 1995 c 4 s ti A R W t TO: MAYORS AND CITY MANAGERS z MEMBERS OF THE LEAGUE BOARD OF DIRECTORS MEMBERS OF LEAGUE POLICY COMMITTEES A J " a I A C o MEMBERS OF GENERAL RESOLUTIONS COMMITTEE Vote to City Managers and City Clerks: Please make immediate distribution to the mayor and to other city officials planning to attend the 1995 Annual Conference. If additional copies are required,we urge you to reproduce them in your city. Additional copies are not available from the League,but copies will be available at the Conference. RE: TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS This packet contains: 1. Information and Procedure II. Guidelines for Annual Conference Resolutions III. Location of Meetings RECEIVED IV. Membership of General Resolutions Committee SEP 2 `' 1995 CITY COUNCIL V. Preliminary History of Resolutions VI. Annual Conference Resolutions PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE ——— October 22-24, 1995 -- San Francisco----— Cs� I. INFORMATION AND PROCEDURE Resolutions Contained in this Packet. The The General Assembly will convene at 9:30 League Bylaws provide that resolutions shall be a.m.on Tuesday,October 24,during the referred by the President to an appropriate Annual Business Meeting in Rooms 130-131 policy committee for review and of the Moscone Convention Center,to recommendation. Resolutions with committee consider the report of the General Resolutions recommendations shall then be referred to the Committee. General Resolutions Committee at the Annual Conference. Resolutions approved by the General Resolutions Committee and submitted to the This year 29 resolutions have been presented for General Assembly will retain the numbers consideration by the Annual Conference and assigned to them in this document. referred to the League policy committees. Each of the policy committees met September 7 or 8 Initiative Resolutions. For those issues that to review proposed resolutions and to formulate develop after the normal 60-day deadline,a preliminary recommendations prior to the resolution may be introduced with a petition Annual Conference. The sponsors of the signed by designated voting delegates of 10 resolutions were notified of the time and place percent of all member cities(47 valid signatures of those meetings. required)and presented to the President of the League no later than 24 hours prior to the time This packet contains a copy of all resolutions set for convening the Annual Business Session that have been received and assigned to policy of the General-Assembly. This year,the committees. The source of the resolutions,the deadline is Monday,October 23, 1995,9:30 policy committees to which they were assigned, a.m. If the Parliamentarian finds that a and the preliminary recommendations of the petitioned resolutions is substantially similar in policy committees to the General Resolutions substance to a resolution already under Committee are indicated. The recommended consideration,the petitioned resolution will be actions reported in this packet are preliminary. disqualified. Consideration of Resolutions at Conference. Any questions concerning the resolutions Another meeting of each policy committee will procedure should be directed to Marian Avila in be held at the Annual Conference on Saturday, the Sacramento office of the League October 21. The location for each of these (916)658-8224. meetings is shown on page iv. During these hearings,any city official wishing to discuss any resolution will have an opportunity to Mary Andrews, President address the policy committee concerned. League of California Cities Council Member,Chico The General Resolutions Committee will meet at 1:30 p.m.on Monday,October 23,in Room 133 of the Moscone Convention Center,to consider the reports of the policy committees. The Committee includes at least .one representative of each of the League's regional divisions, functional departments,and standing policy committees. ii C- 5� II. 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 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 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 majority of voting delegates at the General Assembly for approval.. cs- y III. LOCATION OF MEETINGS Policy Committee meetings will be as follows: Saturday. October 21. 1995 - 2-.4:30 p.m. -Hilton Hotel. San Francisco Policy Committee Room Administrative Services Yosemite A Community Services Yosemite B Employee Relations Continental 7 Environmental Quality Continental 5 Housing,Comm. &Econ. Development Continental 6 Public Safety Yosemite C Revenue and Taxation Continental 4 . Transportation& Public Works Continental 1 »»»»»»»»»»»»»»»»»»»> General Resolutions Committee Room 133 Moscone Convention Center (Monday,October 23, 1995 1:30 p.m.) General Assembly at the Annual Business Meeting-Rooms 130-131 Moscone Convention Center (Tuesday,October 24, 1995,9:30 a.m.) »»»»»»»»»»»»»»»»»»»> iv C- s= 5' IV. GENERAL RESOLUTIONS COMMITTEE League of California Cities 97th Annual Conference- San Francisco,October 22-24, 1995 Chair. James Worthen,Council Member, Eureka Vice Chair. Art Takahara,Council Member, Mountain View Parliamentarian: Judge Thomas M.Jenkins(Ret.), Superior Court, San Mateo County Michael Acorne,Director of Personnel,Petaluma Richard Sill,Chief of Police,Chino Jim Bagley,Mayor,Twentynine Palms Dick Spees, Vice Mayor,Oakland Ron Bates,Council Member,Los Alamitos Jim Spering,Mayor, Suisun Chuck Belba,Council Member,Lomita Barbara Steckel,Finance Director, Riverside Amy Belser,Council Member,Sausalito Kurt Swanson, Dir. of Community&Cultural Peter Brown,City Attorney,Carpenteria Services,Cerritos Marge Bruno,Council Member,Los Altos Ben Tarver, Mayor, Pleasanton Margaret Clark,Mayor Pro Tem, Rosemead Floyd Weaver, Vice Mayor, Stockton Judy Cody,Council Member,Claremont Judy Wright,Council Member,Claremont Kevin Cole,Council Member,South Lake Tahoe Rosemary Corbin,Mayor,Richmond Richard Cullinen,Council Member,Cotati Dave Eshleman, Mayor, Fontana Severo Esquivel,City Administrator,Pomona Pat Figueroa,Council Member,Mountain View Andrea Greenberg,Dir.of Personnel, Livermore Ira Hearen,Jr.,Council Member,Holtville Mike Hernandez,Council Member,Los Angeles Mary Herron,Mayor,Coronado Larry Hughes,Fire Chief,Modesto Trixie Johnson,Vice Mayor,San Jose Barbara Kautz,Comm. Dev. Director, San Mateo Helen Kawagoe,City Clerk,Carson Liz Kniss,Council Member,Palo Alto John Leonard,Council Member, Mill Valley Wally Linn,Mayor,La Palma Rosario Marin,Mayor Pro Tem,Huntington Park Ed Marshall,Dir.of Public Works,Mill Valley Ed Martin,Council Member, Lemoore Mark Martinez,Vice Mayor,Carpinteria Patricia McGuigan,Council Member,Santa Ana Harriet Miller,Mayor, Santa Barbara Sara Myers,Council Member,Folsom Deborah Ortiz,Council Member, Sacramento Robin Parker,Council Member, Sunnyvale Fran Pavley,Mayor,Agoura Hills Carl Pellatz,Council Member,Arcata Carolyn Ratto,Council Member,Turlock Paul Richards, Mayor,Lynwood Helen Rucker,Council Member,Seaside Richard Shoemaker,Vice Mayor, Ukiah Y CS � V. PRELIMINARY 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 (�). 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 �I 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 recommendation at October 21 meeting Aaa- Approve with additional amendment(s) *** 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 [Note: Only those resolutions with an approve recommendation from the General Resolutions Committee are reported on the floor of the General Assembly.] vi Number Key Word Index ReviewingBody Action COMMITTEE ON ADMINISTRATIVE SERVICES 1 2 3 4 1 Immunity for Building Safety Officials Who Are Independent Contractors R 2 Land Movement Liability A 3 Judicial Elections R 4 Policy Development Procedures Aa 5 Petition Resolutions; Bylaws Amendment A 16 Creation of New Divisions; Bylaws Amendment Aa COMMITTEE ON COMMUNITY SERVICFS 1 2 3 4 7 Gang Suppression Funding I Aa COMMITTEE ON EMPLOYEE RELATIONS 1 . 2 3 4 8 PERS Part-Time Employee Policies A •9 Employment Training A COMMITTEE ON ENVIRONMENTAI n rar.LTv 1 2 3 4 10 Administration of Environmental and Health Laws D COMMITTEE ON HOI ISING. COMMUNITY AND ECONOMIC DEYELOPMENT 1 2 3 4 ♦9 Employment Training A 11 Residential Care Facilities Aa 12 Regional Representation on LAFCO N 13 Community Development Block Grant and HOME Program Funding A 14 Local Redevelopment Participation in Closure Clean- Up and Reuse of Military Bases Aa 15 . Redevelopment Authority Ra vii C- s-� N=ber Key Word Index ReviewingBody A COMMITTEE ON PUBLIC SAFETY 1 2 3 4 16 Use of Photo-Radar Equipment Aa 17 Jury Selection System D 18 Federal Drug Interdiction N 19 Parole of Violent Offenders A 20 Domestic Violence W 21 The Need to Better Regulate Firearms Aa COMMITTEF ON RFVENUF AND TAXATION 1 2 3 4 22 Possessory Interest Tax Aa 23 Sales Tax Redistribution D 24 Reallocation of Traffic Fines Aa 25 Local Government Revenue Sources D 26 Contract with California R COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS 1 2 3 4 27 Tax on Gasoline and Petroleum Products for Transportation Purposes A 28 At-Grade Railroad Crossings D 29 Antelope and San Joaquin Valleys High Speed Rail N Route RFSOM ONS INITIATED BY PETITION . Resolution General Committee Assembly Recommendation Action viii V1. ANNUAL CONFERENCE RESOLUTIONS Resolutions Referred to Committee on Administrative Services 1. RESOLUTION RELATING TO IMMUNITY FOR BUILDING SAFETY OFFICIALS WHO ARE INDEPENDENT CONTRACTORS Source: Los Angeles County Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Refer to appropriate policy committee for study Final Recommendation to General Resolutions Committee: WHEREAS,many small cities have arranged for their building and safety functions to be performed by an independent contractor;and WHEREAS,these independent contractors serve as building inspectors,planning directors, building officials,and city engineers and,thus,serve in the capacity of public officials;and WHEREAS,California Government Code Section 820.2 exempts public employees from liability arising out of certain discretionary acts performed in good faith;and WHEREAS,California Government Code Section 810.4 defines"public employees" to include public officials but specifically exempts independent contractors from the definition;and WHEREAS,the public policy for protecting public employees from liability should be extended to apply equally to independent contractors serving the city in the capacity of building and safety officials under the direct control of the city;now,therefore,be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24; 1995,that the League support legislation that would extend to independent contractors serving cities in the capacity of building and safety officials the same immunities as now apply to public employees. **s•*trr*. 2. RESOLUTION RELATING TO LAND MOVEMENT LIABILITY Source: Los Angeles County Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS,cities and counties have a duty to issue building permits and tract approvals unless well documented evidence can be produced to deny them;and 1 WHEREAS,cities and counties issue these building permits based upon a diligent review of the facts, including geologic conditions; and WHEREAS,cities and counties make the decision to issue building permits based upon the best geological information available at the time; and WHEREAS,despite the good efforts to employ the best practices available,cities and counties have become the target of suits resulting from permits issued in areas where subsidence and land movement has occurred; and WHEREAS, lawsuits totaling in the hundreds of millions of dollars have been filed against cities and counties because subsidence and land movement has occurred; and WHEREAS,these lawsuits have siphoned off scarce funds from city and county coffers and have resulted in reduction of services to the public at large; and WHEREAS,the landowner/permittee is essentially "insured" by the public entity against any untoward geologic or soils event by virtue of their almost certain ability to recover in a lawsuit while the public entity cannot share in the profits if the endeavor is successful; and WHEREAS, liability insurance for subsidence and land movement is not available to cities or counties thus leaving them completely exposed to the whims of a jury consoling a bereft plaintiff;now,therefore,be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995,that the League support legislation that will severely limit the financial recovery available for geologic incidents and statutorily protect the validity of Geologic/Soils Hold Harmless Agreements. ++++++++++ 3. RESOLUTION RELATING TO JUDICIAL ELECTIONS Source: Orange County Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Refer to appropriate policy committee for study Final Recommendation to General Resolutions Committee: WHEREAS,Justices of the Supreme Court are appointed by the Governor and must be affirmed by the electorate of the State of California at the first gubernatorial election following ;their appointment in order to continue in office,and are thereafter subject to reaffirmation by the -statewide electorate for 12-year terms; and 2 WHEREAS,Justices of the Courts of Appeals are appointed by the Governor and must be affirmed by the electorate of the respective judicial districts in which they serve at the first gubernatorial election following their appointment in order to continue in office, and are thereafter subject to reaffirmation by the district electorate for 12-year terms; and WHEREAS, Judges of the Superior, Municipal, and Justice Courts are elected to office for six-year terms by the electorate of their respective counties and judicial districts,vacancies being filled by the Governor in the case of Superior Court and Municipal Court judges and, in the case of Justice Courts, by the board of supervisors of the county in which the Justice Court is located; and WHEREAS, little or no information is available to voters concerning the incumbent's biographical, professional,or legal background, or years of judicial experience; and WHEREAS,the public interest would be served by providing the electorate such information either in the form of a ballot statement or other qualifying information; now, therefore,be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League refer this issue to the appropriate policy committee in order to examine this issue and develop policy or legislative direction to support the efforts of the Secretary of State to provide background information in judicial elections,and be it further RESOLVED,that the League,through its policy committee, further address the issue of requiring either a ballot statement or other qualifying information relative to the incumbents' biographical,professional,or legal background, in addition to the year(or gubernatorial administration)of appointment and/or elevation. o***.•rst� 4. RESOLUTION RELATING TO POLICY DEVELOPMENT PROCEDURES Source: Los Angeles County Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS,the Bylaws of the League of California Cities are silent on the issue of general assembly quorums,thus allowing the adoption of League policy by a consensus of voting members representing significantly less than a majority of the League member cities;and WHEREAS, policies adopted by the League should reflect the views of a majority of its member cities;and 3 WHEREAS, current procedures do not always allow adequate feedback on some issues from the League departments and divisions prior to consideration of those issues by the League policy committees; and WHEREAS,the League Annual Conference resolutions process enables the general membership to achieve a variety of aims, including modification or reversal of existing policy; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League modify its policy development process as follows: 1. Adopt procedural changes ensuring that Annual Conference resolutions are determined by a majority of a quorum of voting delegates representing the member cities attending the Annual Conference. A quorum shall be defined as a simple majority of delegates representing the total number of member cities attending the Annual Conference. 2. When it appears that a quorum does not exist, ensure strict observance of existing parliamentary rules to require a roll call vote of representative cities. 3. Take all reasonable steps necessary to ensure that League policy committee members receive agendas and background information on general policy issues in a timely manner to enable department and division representatives to seek and receive feedback from their respective members prior to committee meetings. 5. RESOLUTION RELATING TO PETITION RESOLUTIONS;BYLAWS AMENDMENT Source: Peninsula Division and City of Mountain View Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, Annual Conference resolutions are an important part of the League of California Cities policy development process; and WHEREAS,Annual Conference resolutions require careful review and analysis for the statewide impacts and effect on cities;and WHEREAS,Annual Conference resolutions submitted 60 days prior to the opening general session of the League Annual Conference are subject to review and analysis by policy committees and by the Resolutions Committee prior to being voted on at the General Assembly; and 4 WHEREAS, Annual Conference petition resolutions bypass the policy committee review process; and WHEREAS,petitioned resolutions do not undergo the same review process and are as such not reviewed and analyzed by city officials or League staff for potential impact on cities; now,therefore,be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995,that the League Bylaws be amend as follows: ARTICLE VIII Section 5. Resolutions (b) Procedure for Review Resolutions shall originate from city officials,the regional divisions,departments, policy committees, or Board of Directors or by means of being included in a petition signed by designated voting delegates of ten-pefeent(I04� twenia.percent(20%)of the number of member cities. Except for resolutions presented directly to the President of the League contained in a petition signed by designated voting delegates of ten pefeent(101e) spryper ent(20%)of the number of member cities, all resolutions shall be submitted to the Resolutions Committee, at the League office,not later than sixty (60)days prior to the opening general session of the Annual Conference. All resolutions submitted to the Resolutions Committee shall be referred by the President to an appropriate policy committee for review and recommendation prior to the opening general session of the Annual Conference,and such resolutions with recommendations shall be reported to the Committee on Resolutions at the Annual Conference. (c) Resolutions Proposed by Petition. A designated voting delegate of a city may present by petition a resolution to the President of the League for consideration by the Resolutions Committee. The petition must contain the specific language of the resolution, a statement requesting consideration by the General Assembly and must be signed by designated voting delegates of-teu peeeal(W4e)twenty percent(20%)of the number of member cities. The signed petition must be presented to the President no later than twenty-four(24)hours prior to the time set for convening of the Business Session of the General Assembly. If the President finds that the petition has been signed by designated voting delegates of ten perfeat(19'74) twenty nercent(20%of the number of member cities,the petition shall be reviewed by the Parliamentarian and then presented to the Chair of the Resolutions Committee. If such petition resolutions are submitted prior to final action on resolutions by the Resolutions Committee,they will be considered by the Resolutions Committee following consideration of other resolutions. The resolution contained in the petition,along with 5 action of the Resolutions Committee, shall be considered by the General Assembly following consideration of other resolutions. 6. RESOLUTION RELATING TO CREATION OF NEW DIVISIONS; BYLAWS AMENDMENT Source: Inland Empire Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, an important purpose of regional divisions of the League of California Cities is to represent geographical areas, foster participation in the League, exchange information among city officials, and provide training opportunities; and WHEREAS,the cities located in the Inland Empire Valley and Riverside County regions of Southern California share a wide range of mutual interests unique to their respective regions; and WHEREAS, the cities located in San Bernardino County, exclusive of the existing Desert-Mountain Division,and the cities located in Riverside County believe their interest and the interests of the League of California Cities would be better served by the formation of two separate divisions of the League; now,therefore, be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995,that the League dissolve the current Inland Empire Division and create two separate divisions, namely, the Inland Empire Division and the Riverside County'Division,by amending its Bylaws as follows: ARTICLE IV - BOARD OF DIRECTORS Section 2. Staggered Terns. The terns of the Directors shall be staggered, so that the terms of approximately one-half of the members of the Board shall expire each year. The terms of the Directors from the departments of Fiscal Officers,Public Works Officers, Mayors and Council Members, Planning and Community Development,Fire Chiefs, City Clerks and the following regional divisions: Central Valley, Imperial.County,Inlan�re,Monterey Bay,North Bay,Redwood Empire, Sacramento Valley and San Diego County shall expire in the even-numbered years;and the terms of the Directors in the departments of 6 City Attorneys,City Manager, Police Chiefs, Recreation, Parks and Community Services, Personnel and Employee Relations and the following regional divisions: Channel Counties,, Desert Mountain, East Bay, Los Angeles County, Orange County, Peninsula, Riverside County L, and South San Joaquin Valley shall expire in the odd-numbered years. ARTICLE E V - REGIONAL DIVISIONS Section 1. Regional Divisions. There shall be formed within the League of California Cities the following regional divisions: Central Valley,Channel Counties,Inland Empire, Desert-Mountain, East Bay, Imperial County, Los Angeles County, Monterey Bay,North Bay, Orange County,Peninsula, Redwood Empire, Riverside County, Sacramento Valley, San Diego County and South San Joaquin Valley, and such additional regional divisions as may be formed from time to time and approved by the Board of Directors. •rss•«�*s• . Resolutions Referred to Committee on Community Services 7. RESOLUTION RELATING TO GANG SUPPRESSION FUNDING Source: Community Services Policy Committee and Recreation,Parks and Community Services Department Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee:Annrroye as Amended Final Recommendation to General Resolutions Committee: WHEREAS, the state,as well as many cities,have made curtailing the spread of gang involvement by youth a priority; and WHEREAS,public parks,recreation, libraries,and community services departments have traditionally offered programs and activities that have prevented or diverted children and youth from involvement in gangs; and 7 c s-/� WHEREAS,the League of California Cities, through its Investing In Our Youth Task Force,has recognized the critical role that public parks, recreation, libraries, community services, and youth crime prevention/diversion programs can provide in assisting young people; and WHEREAS,the California Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6 enables the State Office of Criminal Justice Planning (OCJP) to grant financial and technical assistance for district attorney's offices, local law enforcement agencies, county probation departments,school districts,county offices of education, and community-based organizations to suppress gang activity; and WHEREAS, public parks,recreation, libraries, and community services departments are excluded from directly applying for financial and technical assistance under this program although they play a similar role in gang suppression as those organizations defined in California Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6; and WHEREAS,public parks,recreation, libraries, and community services departments should be eligible to apply for this assistance and therefore should be included in California Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6; now,therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League sponsor legislation to . . amend California Penal Code,Chapter 3.5 Gang Violence Suppression, Section 13826.6 to include the role of public parks,recreation, libraries,and community services departments, allowing these agencies to be eligible to seek financial and technical assistance to support gang suppression activities. Resolutions Referred to Committee on Employee Relations 8. RESOLUTION RELATING TO PERS PART-TIME EMPLOYEE POLICIES Source: City of Lakewood Referred to: Employee Relations Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS,a hallmark of local self-government is the home rule authority of cities and counties to conduct employee relations without interference from other governmental entities; and WHEREAS,this ability is undermined by unfunded state mandates and state actions that impair contracts and memoranda of understanding; and WHEREAS, cities must design and implement alternative service delivery mechanisms to reconcile public service needs with available revenues; and WHEREAS,cities employ part-time workers to provide a myriad of municipal services and appropriately base part-time compensation and benefits on local conditions. However, all part-time employees have been covered by a federally-qualified pension system since 1991;and WHEREAS,the Board of Administration of the Public Employees' Retirement System (PERS) successfully sponsored SB 53 in 1993 to financially penalize local agencies that do not "enroll"part-time employees in PERS if the part-time employees work 1,000 or more hours in any year or if they have ever been members of PERS and have funds on deposit; and WHEREAS,members of the PERS staff have sought to interpret state law and PERS policies to allow PERS to unilaterally void existing contract exemptions in PERS contracts that have allowed hundreds of cities to withhold PERS membership and full benefits; and WHEREAS, PERS has initiated an aggressive field auditing program to identify and penalize local PERS contracting agencies that do not comply with the unfunded PERS part-time mandate despite the existence of contract provisions between local agencies and PERS exempting part-time,hourly compensated or seasonal employees; and WHEREAS,the 1,000-hour rule and accompanying policies disproportionately impact and jeopardize the survival of municipal programs dependent on part-time employees, including recreation,child care, library, paratransit programs; and WHEREAS, compliance with the 1,000-hour rule will not only have fiscal and service delivery consequences but also create severe hardship on existing part-time employees who may be laid off or have their hourly rate or employment hours severely adjusted;and WHEREAS, PERS only now recognizes that the so-called 1,000-hour rule has significant fiscal impacts on local agencies, including in most cases,employer pickup of pension contributions and inclusion in PEMHCA medical plans under the same conditions as full-time employees; and WHEREAS,PERS has initiated a policy review process of the 1,000-hour rule through regional outreach meetings and the creation of a problem solving task force including local agency representatives; and WHEREAS,the PERS Public Agency Coalition(PERS PAC),which was formed through League of California Cities' sponsorship,is broadly representing municipal local control interests in the PERS part-time policy review; now,therefore,be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco,October 24, 1995,that the League oppose efforts to 9 n Q unreasonably restrict the home rule authority of cities to hire,classify and compensate part-time employees and to mandate that cities enroll such employees in PERS benefit programs. �rrrrrr*�r ♦9. RESOLUTION RELATING TO EMPLOYMENT TRAINING Source: City of Sunnyvale Referred to: Employee Relations Policy Committee and Housing, Community and Economic Development Policy Committee Preliminary Recommendation of Employee Relations Committee: Approve Preliminary Recommendation of HCED Committee Approve Final Recommendation to General Resolutions Committee: WHEREAS, Service Delivery Areas and Private Industry Councils designated under the Job Training Partnership Act are the national delivery system for employment training services; and WHEREAS,the public/private partnerships created by Private Industry Councils and Chief Elected Officials provide local autonomy, flexibility and accountability in developing and operating employment training programs that address existing and emerging business and community needs; and WHEREAS, Private Industry Councils in California have demonstrated for over ten years their ability to develop effective employment training policies; and WHEREAS, California's Service Delivery Areas have received national recognition for their leadership, innovative programs and services,and ability to produce an exemplary return on the invested resources; and WHEREAS, employment training resources are a critical component of local economic development efforts,now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco,October 24, 1995,that the League support: 1. The development and implementation of a coordinated strategy to improve employer and job seeker access to federal,state and local employment training resources. 2. Federal and state initiatives that augment the comprehensiveness and autonomy of the locally-operated workforce development system. 3. Capitalizing on the experience and success of the existing job training delivery system developed through the Job Training Partnership Act by designating the partnership of Private 10 Industry Councils and Chief Elected Officials to be the leading mechanism for the development and delivery of employment training services to youths and adults. 4. Increasing the role of Private Industry Councils and Chief Elected Officials in addressing workforce transition needs, in particular by developing"one-stop shopping" systems for the employer and the job seeker, by increasing the availability of employment training resources to serve all residents, and by providing leadership in forging new partnerships with the other members of the employment and training community. 5. A broader definition of who is eligible for comprehensive employment training resources,an increase in the service options and strategies available to address local employment training needs,and the development of accountability systems that further the performance-based measures employed by the Job Training Partnership Act. Resolution Referred to Committee on Environmental Quality 10. RESOLUTION RELATING TO ADMINISTRATION OF ENVIRONMENTAL AND HEALTH LAWS Source: Central Valley Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to Resolutions Committee: Disapprove Final Recommendation to Resolutions Committee: WHEREAS,many state and federal laws,originally intended to provide for the clean-up and protection of the environment have been applied in anoppressive way so as to discourage development,cripple industry,bankrupt small businesses,contribute to unemployment and put local governments in danger of insolvency;and WHEREAS,state and federal administrative agencies charged with the enforcement of such laws have in some cases entirely lost sight of the fact that businesses and local governments have finite resources and myriad other responsibilities that create demands on those resources;and WHEREAS,some state and federal administrative agencies seem to be beyond the control of both the legislative bodies that created them and the voters whom they serve;and WHEREAS,many local agencies have been ordered to do clean-up actions which,if done literally to the specifications of the enforcing administrative agencies,would leave the local governments without funds to provide basic municipal services such as police and fire protection, streets,water,and sewer service;and 11 S'�4 WHEREAS,the state and federal methods by which maximum allowable levels for contaminants are determined and enforced have become a self-tightening noose,with cost of clean- up in many cases far outweighing benefits returned;and WHEREAS,it is now time for state and federal legislatures to entirely reconsider certain environmental and health policies,to reassert control over the administrative agencies they have created,and to return a measure of common sense and balance to environmental clean-up and enforcement actions; and WHEREAS, it is necessary to restore sanity and common sense to government administration of environmental and health agencies by a number of means; now,therefore,be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995,that the League support legislation that: 1. Returns primary control over certain environmental and health matters to local agencies that are best suited for such responsibility; 2. Requires that if the methods and assumptions upon which state and federal environmental and health laws or regulations are based are not generally those universally accepted by the scientific community as a whole,then all costs directly resulting from such regulations be borne by the state or federal agency adopting such measures; 3. Eliminates from all proceedings to set or enforce maximum contaminant levels for any and all substances the"Delaney clause,"a provision that is unrealistic and no longer workable; 4. Provides an appeal process outside the administrative agency overseeing implementation or enforcement of the regulation, in the case of all environmental regulations resulting in unfunded mandates; 5. Requires that in every clean-up or remediation order directed to a single chemical or substance,which will foreseeably cost more than$100 per capita for the population of the city or county receiving the order,all costs over and above that$100 be paid by the issuing administrative agency; 6. Places a revolving"sunset"clause in the statutes creating all federal and state environmental administrative agencies requiring that every five years the legislature creating such agency must affirmatively reauthorize the agency or it shall cease to exist;and 7. Strengthens laws,both civil and criminal, for the willful or knowing pollution of the environment. 12 n C Resolutions Referred to Committee on H011511112. Community and conomic Development ♦9. RESOLUTION RELATING TO EMPLOYMENT TRAINING Jointly referred- See Resolution#9 in Employee Relations for recommendations of both Committees. 11. RESOLUTION RELATING TO RESIDENTIAL CARE FACILITIES Source: Los Angeles County Division R few: Housing, Community and Economic Development Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS,residential care facilities serve a need as a home for the care and supervision of individuals with special needs; such as minors,the elderly,the mentally disordered,recovering drug addicts or alcoholics,and participants in jail early-release programs; and WHEREAS,the California State Health and Safety Code specifically exempts residential care facilities with six or fewer clients from local zoning ordinances and codes;and WHEREAS,this lack of control limits the city and neighboring residents from having input as to the location and type of residential care facilities;and WHEREAS,the proliferation of both regulated and unregulated facilities threatens to disrupt the integrity of single-family residential neighborhoods and results in an over-concentration of residential care facilities in certain neighborhoods;and WHEREAS, local discretionary authority to regulate the spacing between such facilities to no more than one facility located within two thousand feet of any other residential care facility and to regulate the maximum occupancy consistent with existing zoning and density standards would enable local agencies to fulfill their traditional mandate to protect and preserve the integrity of residential neighborhoods; and WHEREAS,the intent is to continue to provide for necessary residential care facilities,such that local jurisdictions are not hamstrung from facilitating the development of residential care facilities that provide appropriate services to the community due to lack of guidance from the Department of Justice;now,therefore,be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco,October 24, 1995,that the League,through the National League of Cities, sponsor federal legislation and seek administrative guidance from the Department of Justice to permit cities to exercise review and land use regulation of residential care facilities, 13 -specifically the number of facilities located within a specified distance from one another,and the maximum occupancy load based on existing zoning and density standards. 12. RESOLUTION RELATING TO REGIONAL REPRESENTATION ON LAFCO Source: San Diego County Division Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, involvement and participation in all decisions affecting municipalities is critical to the successful implementation of policies and programs in a region; and WHEREAS,the Local Agency Formation Commission (LAFCO) is empowered under state law to make important decisions regarding municipal boundaries and the provision of vital public services within municipal boundaries; and WHEREAS,eighty-four percent of the population in San Diego County resides within the region's cities,yet city representatives presently comprise only thirty-eight percent of the LAFCO Board; now,therefore, be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995,that the League support legislation to expand municipal representation on the LAFCO Board from three to five seats to provide for representation from each of the four subregions in San Diego County and the City of San Diego. 13. RESOLUTION RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDING Source: Los Angeles County Division Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS,the current economic recession,combined with the impacts of the civil unrest, earthquakes,fires,and floods,has crippled the traditional efforts to improve the economy;and WHEREAS,the number of persons below the poverty line nationwide increased during the 1980's from under 27 million to more than 31 million,and a significant number of families and individuals have become homeless;and 14 C 5 �3 WHEREAS,difficult economic conditions have affected the lower income families which often fall apart under the strains of economic survival because of declining incomes,job loss and/or chronic unemployment, limited affordable housing opportunities,and lack of supportive services; and WHEREAS,the cities are in support of reducing the national deficit,but in a thoughtful way that does not impact severely the needy of our country; and WHEREAS,there is an ongoing need to continue to support families and individuals in this country who require help in finding economic opportunities to enhance their skills for self- sufficiency,to provide affordable housing opportunities for individuals and families,to assist individuals and families who have become homeless to stabilize their situation,and to assist individuals needing access to services such as child care,at risk youth programs for teens,elderly support programs,and many other services that needy individuals require for survival; and WHEREAS,many California cities have demonstrated concern for the basic well-being of families and individuals by creating initiatives and by advocating programs that promote self- sufficiency and economic stabilization; now,therefore,be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support full funding of the Community Development Block Grant at$4.6 billion and the HOME program at$1.4 billion, which will help support the families in our communities towards self-sufficiency,continue affordable housing that is safe for our children,and promote a better economy for our cities. 14. RESOLUTION RELATING TO LOCAL REDEVELOPMENT PARTICIPATION IN CLOSURE CLEAN-UP AND REUSE OF MILITARY BASES Source: Cities of Irvine,Laguna Niguel,Mission Viejo 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, effective reuse planning for a closing military base requires the direct participation in a decision-making process by all directly-impacted communities;and WHEREAS,the federal Base Closure Communities Assistance Act,also known as the Pryor Amendment,states the early formation of a local redevelopment authority is essential to a successful reuse process; and WHEREAS,the California Military Base Task Force stated that in the simplest terms,a base reuse governing entity might be comprised of the local government within whose boundaries the base lies and possibly cities whose boundaries abut the base or which have 15 suffered direct job losses from the base closure if cost and vote sharing can be devised for the governing board; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in .Annual Conference in San Francisco, October 24, 1995, that the League sponsor federal and state legislation that would require a local redevelopment authority preparing a reuse plan for a closing military base to include all jurisdictions as voting members of that authority when all or a portion of the base is within a jurisdiction's corporate boundary, sphere-of-influence, or immediately adjacent to that jurisdiction. sarrtttst* 15. RESOLUTION RELATING TO REDEVELOPMENT AUTHORITY Source: Kurt Hahn, Finance Director, City of Healdsburg; Member, Housing, Community and Economic Development Subcommittee on Economic Development Referred to: Housing, Community'and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend and refer as amended to anoroiN late policy committee for study Final Recommendation to General Resolutions Committee: WHEREAS,the close of military bases and cutbacks in defense contracting have had a devastating effect on California's economy; and WHEREAS, local initiatives to mitigate the impacts of base closures have taken the form of special legislation site by site extending and providing for expedited procedures for new project areas under California Redevelopment Law and other incentives; now, therefore,be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League sponsor legislation that: 1) Broadens existing and makes uniform existing authority to create new Redevelopment Project area encompassing (a)closed military bases; (b)materially downsized military bases; (c)federally-owned defense manufacturing facilities; (d)privately-owned manufacturing facilities primarily used for defense manufacturing over an extended period that have been vacated; (e) other privately-owned support and service facilities devoted to defense industry; and (f)adjacent vacant or underutilized lands. 2) Permits creative joint action initiatives for such project area including multiple cities, counties, special districts or requires a local redevelopment authority preparing a reuse plan for a closing military base to include all jurisdictions as voting members of that authority when all or a portion of the base is within a jurisdiction's corporate boundary, sphere-of-influence, or immediately adjacent to that jurisdiction. 16 C-S�� 3) Lessens housing set-aside and inclusionary requirements wherein it can be demonstrated that a surplus of existing affordable units already exists. 4) Allows the Agency in the new project area broad authority to acquire and manage utility systems and infrastructure previously owned by the federal government or a defense contractor. 5) Grants to the Agency in the new project area broad authority to undertake financings beyond tax allocation bonds based on tax increment revenue flow including certificates of participation, as well as revenue and grant anticipation notes. 6) Permits cities and counties participating in any joint action agency to provide: (a)credit enhancements to the Agency administering the new project area; (b) loans and funding advances; (c) lease guarantees; and(d) other forms or shared or overlapping debt guarantees. 7) Substantially streamlines existing procedures relative to the creation of new redevelopment project areas and joint action agencies and significantly modifies the Environmental Quality Act requirements wherein parallel and phased efforts are undertaken under federal law or by the federal government. 8) Extends to all existing project areas created in the last ten years under like and similar circumstances all powers authorized under this initiative. 9) Provides that the state be permitted to extend any and all inducements to economic development at the state level to those agencies administering such project areas or the joint action agencies providing the underlying financial support. 10) Grants to redevelopment agencies operating under these circumstances the powers of (a) Industrial Development Authorities; (b)Housing Authorities; and (c) Enterprise Zones. Resolutions Referred to Committee on Public Safety 16. RESOLUTION RELATING TO USE OF PHOTO-RADAR EQUIPMENT Source: . Dick Spees,Vice Mayor, City of Oakland Referred to: Public.Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend and Approve Final Recommendation to General Resolutions Committee: WHEREAS, photo-radar is an automated speed enforcement system, combining sophisticated radar antenna with a high speed camera and a computer to produce photographic evidence of speeding violations; and 17 WHEREAS, while a growing number of cities are employing photo-radar to enforce speeding laws, the current issuance of an unsigned mailed citation and notice to appear may be ignored by the speeder without consequence; and WHEREAS, when photo-radar equipment is used for issuance of a speeding ticket, current law does not specifically authorizea mailed citation and notice to appear in traffic court to a speeding violator; and WHEREAS,when photo-radar equipment is used for issuance of railroad violations, current law does specifically authorize that the citation and notice may be accomplished by mail; now, therefore, be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995,that the League support legislation to authorize traffic enforcement agencies to issue speeding ticket citations by mailed notice when using photo-radar enforcement equipment. 17. RESOLUTION RELATING TO JURY SELECTION SYSTEM Source: Recreation, Parks and Community Services Department Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS, the cities of California have experienced unprecedented budget constraints requiring creativity and flexibility in order to maintain services; and WHEREAS, these budget restrictions have often reduced the number of city employees available to provide said services; and WHEREAS,the jury selection systems have traditionally drawn personnel from government with little or no regard for the efficient use of the resources they have taken; and WHEREAS, former jurors have for years complained of intolerable boredom and inefficient use of their time; and WHEREAS, several jury selection systems have provided excellent examples of good management through efficient use of resources and minimal inconvenience to both jurors and employers; many other jury systems have been either unwilling or unable to follow those excellent examples; and WHEREAS, the depletion of government and private resources without accountability for the efficient use of those resources can no longer be ignored; now, therefore, be it 18 C s--:27 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League support legislation that will require a uniform jury selection system throughout the State of California that will reflect a commitment to the efficient and productive use of jurors' time and will further be committed to minimizing juror time away from employment. 18. RESOLUTION RELATING TO FEDERAL DRUG INTERDICTION Source: City of Stockton Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, although drug abuse has been with us for many years, most citizens are now realizing just how much it plays a negative role in their lives. Drug users are responsible for a disproportionate amount of crime in our communities; local criminal justice agencies find resources severely stretched by the impact of dealing with drug-involved offenders. Additionally,the destructive effect of drug use is so pervasive that it has become obvious that despite increased numbers of police officers and prison cells,the fear of crime,particularly violent crime, has placed many communities in crises; and WHEREAS, billions of dollars have been spent annually on strategies for prevention, treatment,and intensive enforcement that often involve extensive cooperation among agencies with sometimes competing philosophies. In spite of our best efforts, it is obvious this integrated services approach is only minimally effective;and WHEREAS, even when using the latest research to employ drug-market analysis as an enforcement tool, drug-use forecasting in planning treatment strategies, and drug-demand reduction programs to keep young people from becoming users (through D.A.R.E. and other programs) and also steering heavy users into treatment programs, local efforts are rendered seemingly ineffective by a failed"war on drugs,"particularly the federal drug interdiction efforts; and WHEREAS, drug use among teens is escalating again nationwide, according to recent law enforcement reports. In California,heroin use has gradually increased in recent years after several years of gradual decline. Simply put, drugs continue to be readily available. Anti-drug abuse strategies need to be well-balanced,comprehensive efforts involving prevention, early intervention and treatment,and intensive suppression,particularly at both the local and federal levels. Only with an all-out crusade against drug abuse can we hope to diminish drug-related violence in America; now,therefore,be it 19 n �� RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995,that the League request the National League of Cities to adopt a similar position and convey such position to the Congress and appropriate federal agencies to redirect funding to local agencies to promote anti-drug abuse programs at the local level. ########## 19. RESOLUTION RELATING TO PAROLE OF VIOLENT OFFENDERS Source: Tina Hansen, Council Member, Signal Hill; Member: Public Safety Subcommittee on Criminal Justice Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, it is the responsibility of every city to provide a safe environment for its residents; and WHEREAS, public safety is the number one concern and issue of the residents of many cities; and WHEREAS,cities are desirous of changes in the law to improve the safety of residents of our communities and the residents of the State of California; and WHEREAS, initiation of a resolution through the Public Safety Committee of the League of California Cities is an effective way to ensure the reasonable safety of all cities and communities in 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 Francisco,October 24, 1995,that the League support legislation to accomplish the following: 1. Amend the California Penal Code to extend and require that there be a period of parole for violent offenders. The period of parole shall be the remainder of the inmate's life. However, if a person has been on parole continuously for seven years since release from confinement,the Board of Prison Terms can discharge that person from parole unless there is good cause to retain the individual on parole. 2. Amend the California Penal Code to require violent offenders to undergo a - psychological evaluation prior to release in order to determine the extent of counseling that may be mandated as a condition of parole. 20 3. Amend the California Penal Code to require all violent offenders to register as a violent offender with the law enforcement agency in the city in which they live. This requirement shall be in effect for the remainder of the inmate's life, so long as the inmate resides in California. 4. Amend the California Penal Code to make it a felony to willfully fail to register as a violent offender with the local law enforcement agency. 20. RESOLUTION RELATING TO DOMESTIC VIOLENCE Source: Judy Cody,Council Member, Claremont; Chair, Public Safety Subcommittee on Domestic Violence Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Withdrawn by Sponsor «««««««««« 21. RESOLUTION RELATING TO THE NEED TO BETTER REGULATE FIREARMS Source: City of Brea Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS,just as the widespread possession of firearms is an American fact today, so too is the widespread tragedy that has accompanied the misuse of firearms; and WHEREAS, in 1993 alone close to 40,000 Americans were killed by the use of firearms, of which more than 5,000 were Californians. In addition,the National Center for Disease Control estimates that for each firearm death,another ten people are shot,yet survive; and WHEREAS, far too often gun violence occurs between family,friends, unintended victims and children,people whose lives are forever changed because a firearm was too readily available;now,therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League endorse the objectives contained in the position paper titled"Confronting The American Tragedy -The Need To Better Regulate Firearms,"which was developed and adopted by the California Police Chiefs Association,and be it further 21 /���� RESOLVED, that the League draft and support, and encourage the California Legislature to introduce and adopt, legislation consistent with the objectives outlined in the above-mentioned report. Resolutions Referred to Committee on Revenue and Taxation 22. RESOLUTION RELATING TO POSSESSORY INTEREST TAX Source: City of San Jose Referred to: Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, nationwide,the travel and tourism industry generates over$361.8 billion in direct spending and creates over six million jobs, making this industry the nation's second largest after health services; and WHEREAS, in California, the travel industry generates over$52.8 billion in direct spending and creates over 668,000 jobs, evidencing that the industry is essential to the economic health of the State of California; and WHEREAS, imposition of the possessory interest tax, if applied statewide,could have a ruinous effect on state and local economic development efforts resulting in a potential loss of revenue,which could leave the state and municipalities without a revenue stream to meet existing, growing,and new facility bond pay-off obligations; and WHEREAS, imposition of the possessory interest tax creates an inhospitable environment for the convention, trade show and meeting industry, and makes convention and cultural facilities in the state less competitive than facilities outside the state, resulting in a potential loss of revenues and jobs; and WHEREAS,the International Association of Exposition Management, Meeting Professionals International,the National Automatic Merchandising Association, the California Rental Association,the National Association of Consumer Shows,and the.National Association of College Stores have publicly opposed the County of Santa Clara Assessor's imposition of the possessory interest tax on short-term clients of convention and cultural facilities, and have indicated that their members have grave concerns when considering cities in the state that enforce such possessory interest taxes as a destination for conventions,trade shows and meetings; and WHEREAS,the imposition of the possessory interest tax is economically unsound and therefore demands a cost-benefit analysis, since if applied statewide to convention and cultural 22 facilities,the billions of dollars the industry generates in direct spending would be jeopardized by this tax; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco,October 24, 1995,that the League support legislation to exempt public use facility clients who occupy convention and cultural facilities for thirty days or less per twelve-month period from the assessment and imposition of possessory interest taxes in the State of California. 23. RESOLUTION RELATING TO SALES TAX REDISTRIBUTION Source: Los Angeles County Division Referred to: Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS,cities throughout California receive one percent of the sales taxes paid on each dollar within their jurisdictions;and WHEREAS,the state receives five percent of the sales taxes paid on each dollar in each city throughout California;and WHEREAS,the state has reduced the amount of funding to cities in recent years;and WHEREAS,costs of operating cities have increased in recent years due to a variety of factors, including increases in crime and increases in the number of mandates with which cities must comply;and WHEREAS,voters throughout the state are weary of paying additional taxes, fees,and assessments for what they view as diminishing local services;and WHEREAS,the above circumstances have led to drastic cuts in the areas of police, fire, library,parks and recreation,and street maintenance services by many cities throughout California; and WHEREAS,the.effects of such cuts,and continued erosion of services in these areas will result in increased crime,reduced property values,reduced sales tax revenues,and increased costs to manage cities;and WHEREAS,the voters throughout California seem to consider such local government s9rvices a higher priority than many services provided by the state that are funded with sales tax revenue;now,therefore,be it 23 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League sponsor legislation or sponsor a ballot initiative effort that will redistribute sales taxes received by the state such that the state's share is four percent and the cities' share is two percent of the sales taxes paid per dollar; and, be it further RESOLVED,that the amount of sales tax revenue to be redistributed shall be allocated to cities using the same method as is currently being used to distribute the existing one percent share per dollar cities receive. 24. RESOLUTION RELATING TO REALLOCATION OF TRAFFIC FINES Source: City of Pasadena Referred to: Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS,public safety is one of the highest priorities of cities throughout California; and WHEREAS,the safety and welfare of motorists and pedestrians through vigorous traffic enforcement is an essential component of public safety; and WHEREAS,the cost of providing said traffic enforcement and investigation is borne by the cities and can only be partially offset by the complete recovery of traffic fines; and WHEREAS,the diversion of traffic fines to the state subsequent to legislation under AB 544, codified as Penal Code Section 1463 et. seq., has imposed undue economic hardship upon cities; now,therefore,be it RESOLVED,by the General Assembly of the League of California Cities assembled in .Annual Conference in San Francisco, October 24, 1995,that the League sponsor legislation that will repeal AB 544 (Isenberg) (Penal Code Sections 1463 through 1463.006, 1463.04, 1463.9, 1463.14, 1463.16, 1463.18, 1463.22, and 1463.26)and reallocate fines generated through traffic enforcement efforts to the respective municipalities whose enforcement efforts generated those fines by the distribution formula existing prior to 1991. ��*rr*s*►s 24 - 25. RESOLUTION RELATING TO LOCAL GOVERNMENT REVENUE SOURCES ;source: Kurt Hahn,Finance Director, City of Healdsburg; Member: Housing, Community& Economic Development Subcommittee on Economic Development Referred to: Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS,municipal initiatives in the realm of economic development are fueled for a large part from new direct and indirect sales tax generation from new retailers or from the spending of employees from new office service and manufacturing concerns; and WHEREAS, local Community Redevelopment agencies fund economic development and housing initiatives from tax increment revenues; and WHEREAS,the California Constitution Revision Commission is considering two alternative local government financing initiatives that would remove both city sales taxes and Community Redevelopment Agency tax increments from local revenues and substitute a larger city share of property taxes; now,therefore, be it RESOLVED,by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League oppose any constitutional revision that would: 1. Remove from Community Redevelopment Agency tax increment revenues afforded under AB 1290 and other redevelopment reform legislation; 2. Divert the city share of sales taxes to either the state or counties. 26. RESOLUTION RELATING TO CONTRACT WITH CALIFORNIA Source: City of El Monte Referred iQ: Revenue and Taxation Policy Committee Preliminary Recommendation to Resolutions Committee: Refer to appropriate poles committee for study Final Recommendation to Resolutions Committee: WHEREAS,during the past several years,the State of California has experienced a severe economic recession that has been compounded by a number of natural disasters and calamities;and WHEREAS,these recent adverse economic conditions and calamities have imposed a considerable degree of stress upon the financial resources and integrity of state and local government in California and this stress has,in many cases,resulted in a serious erosion of the 25 — /� ability of local government to provide a number of vital public services and to accumulate the capital resources necessary for public investment in infrastructure and human resources needed to sustain the economic productivity and enhance the quality of life in the State of California; and WHEREAS,part of the response of state government to economic adversity in recent years has been to balance the budget of the state.government by means of a series of essentially ad hoc, unilateral actions, including large scale reorganizations and reallocations of revenue sources among a highly interdependent fiscal structure of state and local government organization in which predictability,fiscal integrity, and public confidence play important roles;and WHEREAS,the same types of economic stress that afflicted counties and municipalities within the State of California during this same period of time has been significantly compounded and worsened by the ad hoc and unilateral budgetary actions of the State of California, including the following: A. Unilateral reorganization of the State Court system and the diversion of local fine and forfeiture receipts to a new system of judicial administration; B. Creation of new programs or schemes imposing new costs and charges upon local government, such as"property tax collection charges,""booking fees,"and the like; C. Reallocation and reduction of the local property tax distributions to cities and counties in order to assist the state government to reduce its financial contribution to the state public school system; D. Reallocation and reduction of the local agency share and/or distribution of numerous other tax funds and accounts, including without limitation,tobacco tax distributions,transportation tax accounts and distributions; E. Patently insufficient funding by the State Mandate Account for reimbursement to local government for the costs imposed on local government by the State Legislature to implement state- mandated programs;and WHEREAS,state government and local levels of government share a large degree of fiscal interdependence and the stability and predictability of this interdependent relationship has a direct bearing on public confidence in the capacity of state and local government to address real problems in a responsible manner in a way which contributes to the economic well-being of the state and enhances quality of life for every resident of the state;and WHEREAS,ad hoc and unilateral budget actions by the state government during the past several years have dramatically reduced the ability of cities and counties to provide for the maintenance,replacement and investment of public infrastructure facilities and to provide basic services to the residents of this state,thereby placing at risk the long-term economic well being and quality of life of all residents of the state;and 26 WHEREAS,the seemingly capricious fiscal and budgetary actions of state government appear to have been taken in disregard to the fundamental interdependence between the integrity of sound and predictable fiscal practice and the reasonable expectation of the residents of this state that the convoluted machinations of the state government budget process not unduly or adversely affect the confidence of investors and residents alike in the future of the state;and WHEREAS,now that severe conditions of economic adversity have abated and a measure of the fundamental economic vitality of the state is reasserting itself, it is time that the state government begin meaningful consultation with local government in order to plan for a restoration of a sound intergovernmental fiscal relationship in California and to permit local government to plan for necessary and appropriate investment in public facilities and human resources(especially education and public safety)as part of a sustainable process of renewal and enhancement of the quality of life in California;and WHEREAS,all levels of government should consider a renewal of the original covenant of interdependence and make sensible plans for the years ahead when new challenges could threaten the quality of life in our state;now,therefore,be it RESOLVED, by the General Assembly of the League of California Cities assembled in• Annual Conference in San Francisco, October 24, 1995,that the League call upon each member of the State Legislature to conduct all future legislative deliberations on the State Budget under the Open Meeting Laws rules and procedures applicable to the budget deliberations of cities and counties of this state;and be it further RESOLVED,that the League urge the State Legislature to support a reaffirmation of the fundamental covenant of fiscal predictability and continuity among all levels of government in California and that each member of the Legislature acknowledge that the fiscal problems of one level of government cannot be satisfactorily addressed by unilateral adjustments of various revenue allocation formulas and other gestures by the Legislature; and be it further RESOLVED,that the League support legislation that provides cities and counties with not less than two(2) fiscal years of notice prior to the effective date of any state legislation that has the effect of changing a revenue transfer/distribution allocation formula pertaining to a tax or other revenue source initially collected by the state on behalf of any local agency or otherwise deposited by law to any account of the state pending distribution to a local agency. No advance notice shall be required if the state has declared that the occurrence of a natural disaster requires a temporary reallocation for a specific period of time not to exceed two(2) fiscal years;and be it further RESOLVED,that the League support legislation to provide cities and counties with not less than two(2)fiscal years of notice prior to the effective date of any state legislation that has the effect of changing a revenue allocation/distribution formula pertaining to a local tax or other locally bgsed revenue source initially collected by a local agency on behalf of other local agencies or otherwise deposited by law to any account of a local agency pending distribution to other local agencies. No advance notice shall be required in the case of enactment of a state law that imposes a new local agency tax,or which eliminates an existing tax or charge,or which increases or decreases 27 an existing tax rate or charge;provided however,the allocation formula of the distribution of local revenues among local agencies applicable to such an increase or decrease shall not be effective until two(2)years shall have elapsed from the date of such increase or decrease;and be it further RESOLVED,that the League support legislation that will require the state to certify,as part of any reallocation of the share of local property taxes among local agencies authorized by Article )(IIIA, Section 1(a)of the California Constitution occurring on and after Fiscal Year 1992-93,that such a reallocation of the share of local property taxes shall not coincide with a reduction of the total percentage of the State Budget that is allocated to providing funds to the operation of the public school system(grades K-12)mandated on the state under Proposition 98 during any fiscal year in which the Legislature may elect to deviate from the local property tax allocation formula in effect during Fiscal Year 1991-92;and be it further RESOLVED,that the League urge the Legislature to support funding of the State Mandate Reimbursement Account at a level sufficient for the state to promptly reimburse local government at a rate of not less than$1.00 of mandate reimbursement for each$1.00 of mandated costs imposed by the Legislature or mandated costs allowed by the Commission on State Mandates or ordered by a court of competent jurisdiction. ssssssssss Resolutions Referred to Committee on Transportation and Public Works 27. RESOLUTION RELATING TO TAX ON GASOLINE AND PETROLEUM PRODUCTS FOR TRANSPORTATION PURPOSES Source: Frank Muratore,Vice Mayor, City of Modesto Referred to: Transportation and Public Works Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, in 1963,the State of California authorized collection of a tax on gasoline to be used for transportation and traffic purposes;and WHEREAS,there have been significant population increases to this state,which have placed tremendous burdens on local government's ability to construct and maintain transportation facilities; and WHEREAS, during this time, 17 California counties have adopted self-help sales tax programs to augment the gas tax sources and resolve local transportation issues; and WHEREAS, there are 41 counties with local governments that are totally dependent on " the gas tax to fund local transportation projects; and 28 WHEREAS, the purchasing power of the gas tax has not kept up with the population increases and inflation that have occurred,placing a further burden on construction, repair, and maintenance of transportation projects; now,therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League urge the State Legislature to reevaluate the current level of tax on gasoline and petroleum products for transportation purposes; and be it further RESOLVED,that at a minimum,the State Legislature should consider a graduated increase to the gas tax levels to address the increases in population and costs faced by local governments, since the last increase to maintain a proportional level of tax collections as was originally established in 1963; and be it further RESOLVED, that copies of this resolution be sent to the Governor of the State of California,and to all members of the State Legislature. 28. RESOLUTION RELATING TO AT-GRADE RAILROAD CROSSINGS Source: City of Merced Referred to: Transportation and Public Works Policy Committee. Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS,cities throughout the State of California have been planned with thousands of at-grade rail crossings; and WHEREAS, it is recognized that at-grade rail crossings are not as safe as grade separated crossings; and WHEREAS, Public Utilities Commission regulations prohibit construction of additional at-grade crossings; and WHEREAS,the cost of constructing grade separated crossings may be prohibitive for many communities; and WHEREAS,railroad crossing issues are matters of home rule and not of state-wide concern; now, therefore,be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League oppose regulations prohibiting the construction of additional at-grade crossings and further supporting the right of home rule. 29 � S; �D 29. RESOLUTION RELATING TO ANTELOPE AND SAN JOAQUIN VALLEYS HIGH SPEED RAIL ROUTE Source: South San Joaquin Valley Division Referred to: Transportation and Public Works Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, the Antelope and San Joaquin Valleys High Speed Railway Alliance has been formed to vigorously work to assure that the new California High Seed Ground Transportation System now being planned at the direction of the State Legislature will result in a High Speed Rail Line that provides maximum convenience to populated areas in the Antelope and San Joaquin Valleys, as well as major communities at the northern and southern ends of the state; and WHEREAS, the California Legislature, by enacting AB 971, specified the Los Angeles, Fresno, Bay Area/Sacramento Corridor be created and a new railway alignment be established through and across the Tehachapi mountains that separate the San Joaquin and Antelope valleys and their population centers,and also suggested such other new rail routes as are necessary elsewhere;and WHEREAS, subsequent extensive and costly publicly-funded studies have concurred that the most practical route for a new high speed rail line connecting both ends of California will pass through the populated areas of the Antelope and San Joaquin Valleys,both of which have been identified as the highest growth areas of the state; and WHEREAS,the primary need and purpose of the High Speed Ground Transportation System for travelers is to move people to and from mid-line cities to end points and back and not mainly to connect the end-line cities that already enjoy fast,economical and frequent air service; and WHEREAS, fast and convenient access to the new Palmdale-Lancaster International Airport by high speed rail service is essential to maximize the public benefits of convenient transfers between the airport and the rail network; and WHEREAS,the California Transportation Commission,and rail studies have determined that the new high speed rail system must be able to move both passengers and much freight now carried in trucks and containers on our crowded highways in order to reduce traffic congestion, and reduce air pollution to meet federal mandates; and WHEREAS, a high speed rail route passing from the Los Angeles area through the "Lancaster-Palmdale International Airport,thence northward to Bakersfield and Fresno to the Bay area and Sacramento will serve all the people of California better than any other alternative alignment; now, therefore, be it 30 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the League join with the Antelope and San Joaquin Valleys High Speed Railway Alliance in supporting the Antelope and San Joaquin Valley route,and hereby urge the Governor, the Legislature,and the Very High Speed Ground Transportation Commission created by SCR 6 to formally adopt the route herein proposed. srr•*�**•s 31