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CITY OF SAN LUIS OBISPO
FROM: Bonnie L. Gawf,City Cler
SUBJECT: ANNUAL LEAGUE CONFERENCE RESOLUTIONS
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 twenty-five resolutions have been presented for consideration. Each of the policy committees
met in late August to review proposed resolutions and to formulate preliminary recommendations
for presentation at the Annual Conference. The General Resolutions Committee will meet in San
Francisco on Monday, October 13th to consider the reports of the policy committees. The General
Assembly will convene its Annual Business Meeting at 9:30 am- on Tuesday, October 14th to
consider the report of the General Resolutions Committee.
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.
Staff is presently reviewing the proposed resolutions. If there are concerns or comments about any
of those recommended for approval, the information will be provided to you prior to the October 7°
meeting.
At the meeting of August 19, 1997,the Council appointed Mayor Settle as voting delegate and Vice
Mayor Roalman as alternate. These resolutions may be further modified by the League's voting
membership prior to being voted on during the Annual Business Meeting. Therefore, the delegate
needs to be granted some flexibility to address newly worded resolutions.
Attachment: League Resolution Packet
r
September 12, 1997
TO: MAYORS AND CITY MANAGERS
MEMBERS OF THE LEAGUE BOARD OF
THE LEAGUE ' S DIRECTORS
SECOND HUNDRED YEARS
MEMBERS OF LEAGUE POLICY
COMMITTEES
MEMBERS OF GENERAL
RESOLUTIONS COMMITTEE
Note to City Managers and Cijy Clerks: Please make immediate distribution to the mayor and to
other city officials planning to attend the 1997 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:
I. Information and Procedure
II. Guidelines for Annual Conference Resolutions RECEIVED
SFp19i1997
III. Location of Meetings
SLO CITY COUNCIL
IV. Membership of General Resolutions Committee
V. Preliminary History of Resolutions
VI. Annual Conference Resolutions
PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE
October 12-14, 1997— San Francisco———
LEAGUE OF CALIFORNIA CITIES
I. INFORMATION AND PROCEDURE
Resolutions Contained in this Packet. The The General Assembly will convene at
League Bylaws provide that resolutions shall be 9:30 a.m.on Tuesday,October 14,during the
referred by the President to an appropriate Annual Business Meeting in the Moscone
policy committee for review and Convention Center to consider the report of the
recommendation. Resolutions with committee General Resolutions Committee.
recommendations shall then be referred to the
General Resolutions Committee at the Annual Resolutions approved by the General
Conference. Resolutions Committee and submitted to the
General Assembly will retain the numbers
This year 25 resolutions have been presented for assigned to 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 28 or 29 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 13, 1997,
committees. The source of the resolutions,the 9:30 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 Sunday, (916)658-8224.
October 12. The location for each of these
meetings is shown on page iv. During these
hearings, any city official wishing to discuss Ronald Bates, President
any resolution will have an opportunity to League of California Cities
address the policy committee concerned. Mayor Pro Tem,Los Alamitos
The General Resolutions Committee will
meet at 1:30 p.m.on Monday,October 13,in
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.
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EL 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.
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M. LOCATION OF MEETINGS
Policy Committee meetings will be as follows:
Sunday October 12. 1997 - 9 a.m. and 10:30 am.
Moscone Convention Center-Esplanade Ballroom
Policy Committee Time
Housing, Comm. &Econ. Development 9 a.m.
Public Safety 9 a.m.
Revenue and Taxation 9 am.
Administrative Services 10:30 am
Community Services 10:30 am
Environmental Quality 10:30 am
Transp.,Communications&Public Works 10:30 am.
[NOTE: The Employee Relations Policy Committee will not be meeting at the Annual Conference.
The committee had no assigned resolutions, and completed all outstanding business at their August
meeting.]
General Resolutions Committee
Room#102-Moscone Convention Center
(Monday, October 13,1997 at 1:30 p.m.)
General Assembly at the Annual Business Meeting
Room#102-Moscone Convention Center
(Tuesday,October 14, 1997,at 9:30 am.)
»»»»»»»»»»»»»»»»»»»>
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IV. GENERAL RESOLUTIONS COMMITTEE
League of California Cities
99th Annual Conference- San Francisco,October 12-14, 1997
ai : Carolyn Ratto, Council Member,Turlock
Vice Chai : John Ferraro, Council President, Los Angeles
Deborah Acosta, City Manager,Pleasanton Helen Kawagoe, City Clerk, Carson
Richard Alarcon, Council Member,Los Angeles Richard Kelly,Mayor, Palm Desert
Art Armendariz, Council Member,Delano Craig Lake, Council Member, Lemon Grove
Steve Apodaca, Council Member, San Clemente Sue Lempert,Deputy Mayor, San Mateo
Jim Bagley, Council Member, Twentynine Palms John Leonard,Council Member,Mill Valley
Bob Bartlett,Mayor,Monrovia Patricia McGuigan, Council Member, Santa Ana
Connie Beardsley, Manager-Arts Office, Carlsbad Art Madrid, Mayor,La Mesa
Robert Booth, City Attorney,Los Altos Rosario Marin, Council Member, Huntington Park
Irwin Bornstein,Director of Administrative Edward Marshall, Public Works Dir.,Mill Valley
Services/Treasurer,Mission Viejo Jere Melo, Council Member,Fort Bragg
Arthur Brown,Mayor,Buena Park Willie McDonald, Fire Chief, San Mateo
Margaret Clark, Council Member, Rosemead Judy Nadler, Mayor, Santa Clara
Rosemary Corbin,Mayor, Richmond Phil Nyberg, Mayor, Fortuna
Marge Crouter, Council Member, Yucca Valley Kevin O'Rourke, City Manager,Fairfield
Becky Dennis, Council Member,Pleasanton Phillip Pennino, Mayor, Lodi
Jack Dunam, Council Member,El Centro Charlotte Powers, Council Member, San Jose
Molly Erickson, Planning Comm., Monterey Richard Propster, Chief of Police, Gardena
Patricia Figueroa, Council Member, Mtn. View Don Sanders, Council Member, Colton
Andrew Fox, Council Member, Thousand Oaks Bill Statler, Finance Director, San Luis Obispo
Lee Ann Garcia, Council Member, Grand Terrace Barbara Sullivan, Mayor Pro Tem, Merced
Maxine Gonsalves, Mayor,Pacifica James Thalman,Mayor, Chino Hills
Joe Grebmeier, Council Member,King City Jack Tingstrom,Mayor, Ventura
Garland Hardeman, Council Member,Inglewood Lary Todd,Police Chief,Los Gatos,Monte
Steve Hayman,Personnel Svcs Dir., Costa Mesa Serreno
Sandra Hilliard, Council Member, Yuba City Sam Torres, Council Member, Perris
Norma Jellison,Mayor, EI Cerrito Vicki Vidak-Martinez,Mayor Pro Tem,Rohnert
Terry Johnson, Council Member, Oceanside Park
Toni Young, Council Member, Port Hueneme
g.Uegistty\policyx=ts\grrc97.doc
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V. PRELDIINARY HISTORY OF RESOLUTIONS
Resolutions have been grouped bypolicy committees to which they have been assigned.
KEY TO RMEWING 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
recommendation at October 12 meeting Aaa- Approve with additional amendment(s)
*** Existing League policy Ra- Amend and refer as amended to
appropriate policy committee for study f
**** 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 and all qualified petitioned
resolutions are reported on the floor of the
General Assembly.]
Vi
Number Key Word Index Reviewing Body Action
COMMITTEE ON ADMINISTRATIVE SERVICES
1 2 3 4
1 Election of Policy Conunittee Chairs and Vice Chairs D
2 Open and Equal Participation on All Resolutions at
Annual Conference D
COMMITTEE ON COMMUNITY SERVICES
3 Drug Free Zones Aa
4 State Funding for the Arts Aa
5 Transitional Housing for Elder Abuse Victims **
COMMITTEE ON EMPLOYEE RELATIONS
(Note: No resolutions were referred to the Committee on Employee Relations]
COMMITTEE ON ENVIRONMENTAL_ TL ITT
6 Solid Waste Adjustment Methodology Aa
7 Revision of Southern California Association of
Governments(SCAG)Policies **
8 Beneficial Use of Biosolids Aa
9 Beverage Container Recycling Program Aa
10 Pollution Controls on National and International
Sources A
11 Corporate Average Fuel Economy(CAFE) Standards Aa
12 Stormwater Runoff Aa
13 Maintenance and Operating Costs for Environmental
Projects A
14 Electric Utility Restructuring **
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Number Key Word Index Reviewing Body Action
COMMITTEE ON HOUSING COMMiINITY ANIS ECONOMIC DEVELOPMENT
1 2 3 4
15 Amortization of Pole Signs Ra
16 Personal Wireless Service Facilities Aa
COMMITTEE ON PUBLIC SAFETY
17 Impact of Deportable Criminals on Local Government Aa
18 Emergency Medical Services **
19 Shopping Cart Retrieval Aa
20 Drug and Alcohol Rehabilitation Programs Aa
21 Elimination of All Nuclear Weapons W
COMMITTEE ON REVENUE AND TAXATION
22 Local Government Funding Structure Aa
23 Property Tax Administration Fees Aa
24 Return of Property Tax Revenue D
COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS
=TEA Reauthorization I A
RESOLUTIONS INITIATED BY PETITION
Resolution General
Committee Assembly
Recommendation Action
Po1icy\acres\tab1e97.doc
Vill
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VI. ANNUAL CONFERENCE RESOLUTIONS
Resolutions Referred to Committee on Administrative Services
1. RESOLUTION RELATING TO ELECTION OF POLICY COMMITTEE CHAIRS AND
VICE CHAIRS
Source: Desert Mountain Division
Referred to: Administrative Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Disapprove
Final Recommendation to General Resolutions Committee:
WHEREAS,many members of the League of California Cities policy committees are faced
with term limits restricting their ability to serve the League beyond their term limitation; and
WHEREAS,the chair and vice chair are not selected by the members from within the policy
committees,they are appointed directly by the president as outlined in Board Policy, Chapter IV,
Appointment of Policy Committee Chair and Vice Chair; and
WHEREAS,within the policy committees the membership is capable of selecting capable
chairs and vice chairs from within the committee membership;now,therefore, be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League amend Board Policy to
provide for the direct election of the chair and vice chair of the policy committees; and be it further
RESOLVED,that the term of the committee chairs and vice chairs be limited to not more
than one term, enabling every committee member to have an opportunity to serve; and be it further
RESOLVED,that the elections occur at the regularly scheduled meeting preceding the
annual General Assembly.
2. RESOLUTION RELATING TO OPEN AND EQUAL PARTICIPATION ON ALL
RESOLUTIONS AT ANNUAL CONFERENCE
Source: Town of Yucca Valley
Referred to: Administrative Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Dis=rove
Final Recommendation to General Resolutions Committee:
WHEREAS,the League of California Cities is founded on the principles of local control and
interagency cooperation and is a voluntary membership association of California cities, representing
a broad based and diverse population with each member city having equal status; and
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WHEREAS,the League of California Cities' Annual Conference is a gathering of thousands
of city officials from throughout California to learn from their colleagues,to study,debate, and
formulate positions on issues important to local government; and
WHEREAS, each city is represented at the conference by its voting delegate who participates
in the policy development process during the General Assembly; and
WHEREAS,the League of California Cities encourages city officials to become active
participants in setting League policy; and
WHEREAS,the Annual Conference resolutions offer an additional means to direct the future
of cities by focusing public and media attention on major issues; establishing a general direction for
the League, and considering important issues not already addressed by the policy committees and
board of directors;now,therefore,be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League support the concept that
every resolution, whether approved or disapproved by the Resolutions Committee, shall be placed on
the General Assembly agenda; and be it further
RESOLVED,that any resolution before the General Assembly may be moved to a consent
agenda, and that any motion from the floor by a voting delegate to discuss any resolution will be
recognized and the item discussed; and be it further
RESOLVED,that the League also support the concept that the General Assembly forum
maintain and practice policies of respect and of equal participation of all members to assure that the
League's policies and programs are responsive to and encourage the full support of ALL cities.
Resolutions Referred to Committee on Community Services
3. RESOLUTION RELATING TO DRUG FREE ZONES.
Source: Recreation, Parks and Community Services Department
Referred to: Community Services Policy Committee
Preliminary Recommendation to General Resolutions Committee:Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, California Health and Safety Code Section 11380.5 authorizes a city council or
board of supervisors to designate a public park or ocean front beach as a"drug free zone"if certain
conditions are met; and
WHEREAS,this code section provides for the imprisonment for one additional year of
anyone convicted of possession or sale of drugs in a drug free zone; and
WHEREAS, Health and Safety Code Section 11380.5 sunsets January 1, 1998; and
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WHEREAS,the authority to designate the grounds of libraries as"drug free zones" should be
added to Health and Safety Code Section 11380.5; now,therefore, be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League support legislation that
repeals the January 1, 1998 sunset date of Health and Safety Code Section 11380.5, and that adds
library grounds to the areas that may be designated as "drug free zones."
4. RESOLUTION RELATING TO STATE FUNDING FOR THE ARTS
Source: City of Walnut Creek
Referred to: Community Services Policy Committee
Preliminary Recommendation to General Resolutions Committee:Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS,the nonprofit arts industry in California generates in excess of$2.195 billion
annually in economic activity, supports over 115,000 jobs, and annually returns more than$77
million in state and local tax revenues; and
WHEREAS, state funding for the arts and cultural activities stimulates local economies,
attracts business to communities where arts provision and programming is strong, and improves the
quality of civic life throughout California; and
WHEREAS,those at-risk youth who are involved in local arts programs are more likely to
score higher in educational testing and are less likely to become involved in the juvenile justice
system; and
WHEREAS,the California Arts Council, a state agency, supports programs that enhance
community development,promotes cultural planning, stimulates local business and tourism, and
helps to provide a creative talent pool for California's industries; and
WHEREAS,state funding for the arts and culture leverages up to 12 times the amount of
current state support from local government,private foundations, corporations and individuals across
California; and
WHEREAS,the California Arts Council has helped to stimulate the growth of over 200 local
arts agencies throughout the state;and
WHEREAS,the California Arts Council has been unable, in the past,to adequately fund
even those worthy projects,programs or organizations that rank at the very highest level in a peer
group review process; and
WHEREAS, California presently ranks 46th out of 50 states in per capita state support for the
arts; and
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WHEREAS,the Legislature was able to meet its original goal of increased funding to the arts
until the downturn in the state's economy in 1992; and
WHEREAS,the state's economy has now not only recovered from its downturn,but has
experienced dramatic growth, which growth is projected minimally through the end of the decade;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League call upon the Governor and
the State Legislature to increase state funding to the arts so as to enable the California Arts Council
to continue to exercise a strong leadership role by investing in the social, economic, educational and
cultural well-being of California's citizens.
5. RESOLUTION RELATING TO TRANSITIONAL HOUSING FOR ELDER ABUSE
VICTIMS
Source: City of Los Angeles
Referred to: Community Services Policy Committee
Preliminary Recommendation to General Resolutions Committee: Policy Committee will
make recommendation at October 12 meeting.
Final Recommendation to General Resolutions Committee:
WHEREAS, an estimated one to two million Americans are victims of elder abuse or
neglect; and
WHEREAS, most elder abuse perpetrators are family members or caregivers; and
WHEREAS, elder abuse encompasses physical abuse,psychological abuse,caregiver
neglect, and financial exploitation;now,therefore,be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League urge the state to adopt
legislation that will create funding that will enable local government to develop transitional housing
for victims of elder abuse in need of support services and provide education and respite for
caregivers and family members who are at risk of abusing an elderly person.
[Note: No resolutions were referred to the Committee on Employee Relations]
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Resolutions Referred to Committee on Environmental Quality
6. RESOLUTION RELATING TO SOLID WASTE ADJUSTMENT METHODOLOGY
Source: Channel Counties Division
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS,AB 939 requires that each jurisdiction divert 50 percent of its waste from
landfills by year 2000; and
WHEREAS,the California Integrated Waste Management Board(CIWMB)has adopted a
Waste Adjustment Method codified in the California Code of Regulations,Title 14, Division 7,
Chapter 9,Article 9, Section 18797.3; and
WHEREAS,the CIWMB Waste Adjustment Method is used to adjust the waste generated in
1990 to reflect conditions in the current year considering sales tax, employment and inflation, with
population a minor factor, and is a critical component to calculating diversion rates and a
jurisdiction's compliance with the 25 percent and 50 percent diversion mandates of AB 939; and
WHEREAS, other states use population-only based adjustment methods to calculate
diversion rates and if applied in California would significantly increase the diversion rate of many
California jurisdictions; and
WHEREAS, the jurisdictions in California are diverse and should be given the flexibility to
select an adjustment method which most closely fits the local situation,now,therefore,be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League support legislation or
changes in regulations that would amend the California Code of Regulations to allow jurisdictions to
select a population-only based waste adjustment method, or at their option the current CIWMB
Waste Adjustment method.
7. RESOLUTION RELATING TO REVISION OF SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG)POLICIES
Source: Channel Counties Division
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Policy Committee will
make final recommendation at October 12 meeting
Final Recommendation to General Resolutions Committee:
WHEREAS,the Solid Waste Task Force of Southern California Association of Governments
(SCAG)has requested local governments to support the revised integrated waste management
policies of the Solid Waste Task Force of SCAG as follows:
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- Promote waste management practices for waste prevention,recycling and composting and
safe disposal or transformation.
- Support state legislation that retains that part of the Integrated Waste Management Act of
1989,as amended, requiring 25 percent diversion for the year 1995.
- Support a legislative change to the Integrated Waste Management Act of 1989, as
amended,that would make the current 50 percent diversion mandate to year 2000 a goal and extend
the mandate to 2010.
- Support state legislation that establishes, at the city's or county's discretion, 1990 or 1995
as the base year for the balance of the Integrated Waste Management Act of 1989, as amended,waste
diversion targets and give credit to cities and counties that have met or exceeded their 1995 diversion
mandate.
- Support state legislation that would give cities and counties credit for diversion based
solely on the amount of residual solid waste taken to a landfill. Any waste that is transformed or
composted should not be considered as residual waste.
- Encourage cities and counties to continue,to the best of their abilities,to implement their
Source Reduction and Recycling Elements; now,therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League be urged to review the
revised integrated waste management policies of the Solid Waste Task Force of SCAG and support
legislation and other actions in furtherance of these policies to the extent they are in the best interest
of California cities.
8. RESOLUTION RELATING TO BENEFICIAL USE OF BIOSOLIDS
Source: City of Los Angeles
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, Cal/EPA's Department of Toxic Substances Control(DTSC)has undertaken a
major task of reviewing its hazardous waste management program through the process of Regulatory
Structure Update(RSU); and
WHEREAS,the goals of RSU processes are to update DTSC's hazardous waste regulations
with the latest scientific information,promote regulatory flexibility and simplicity, eliminate
duplicative regulations, and reflect current roles of state, local and federal governments in the '
regulation of hazardous waste; and
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WHEREAS,the DTSC has failed to justify the need for the new system as being necessary to
protect public health; and
WHEREAS,proposals relate to revisions in the state's current scheme for determining that a
waste exhibits the characteristic of toxicity and is therefore subject to regulation as a hazardous
waste; and
WHEREAS, a concept paper proposes major changes in the existing DTSC regulation
describing when a waste exhibits the characteristic of toxicity (22 California Code of Regulations
section 66241.24). That section requires waste generators to analyze wastes in a number of ways
that go beyond the requirements of RCRA(the Resource Conservation and Recovery Act); and
WHEREAS, a concept paper proposes replacement of the existing single level Total
Threshold Limit Concentration(TTLC)and Soluble Threshold Limit Concentration(STLC)levels.
The existing TTLC levels would be replaced with two new TTLC levels for each of the chemicals.
Similarly, STLC levels would be replaced by two new levels known as Soluble or Extractable
Regulatory Thresholds (SERTS). Generally the higher of the two levels is higher than the existing
level and the lower is lower, and
WHEREAS,wastes that exceed the higher TTLC and SERT concentration level would
continue to be fully regulated. Wastes that exceed the lower level would be designated as special
wastes and would be subject to lower management standards,requiring the waste to be disposed of
in Class II land disposal sites. This creates a new waste classification entitled"Managed Industrial
Waste"; and
WHEREAS, establishing a higher threshold for higher level TTLC and STLC wastes means
that many wastes now manages as hazardous wastes in California will be disposed of in less
regulated disposal sites; and
WHEREAS, lower level of TTLC and SERTs will result in more waste being labeled as
hazardous waste in California; and
WHEREAS,biosolids in compliance with current requirements would be classified as
Managed Industrial Waste necessitating disposal,rather than reuse, in a composite lined RCRA
Subtitle D landfill. This would not only destroy beneficial use of biosolids, but also increase the
amount of waste going to landfill,which conflicts with the landfill waste diversion requirements of
AB 939 and results in increase in cost to cities for disposal; and
WHEREAS, a group of industry and environmental representatives have found the proposed
system to be at least as faulty and more complex than the current system and have sent a letter to the
DTSC director opposing the changes; and
WHEREAS, the sentiments in the letter represent the views of almost everyone concerned
with the waste classification issue; now,therefore,be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League urge the state to advise
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Cal/EPA and DTSC not to proceed with the above noted proposed changes at this time; and be it
further
RESOLVED,that the League urge the state to instruct Cal/EPA and DTSC that the above
noted proposed changes in the waste classification first be peer reviewed by a panel of nationally
respected scientists with significant input from stakeholders, including cities,before any regulation
is proposed and that the public review period for such a comprehensive regulation be at least six
months.
9. RESOLUTION RELATING TO BEVERAGE CONTAINER RECYCLING PROGRAM
Source: City of Los Angeles
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee:-A,pprove as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, according to the California Department of Conservation, containers covered by
California's current beverage container recycling program are recycled at a 76 percent rate; and
according to figures from the California Integrated Waste Management Board and others, glass and
plastic drink containers, which are not included in the state program, have a recycling rate of less
than 25 percent; and
WHEREAS, a statewide survey conducted by Farr and Research for the Department of
Conservation found that 82 percent of California residents believe that additional beverage
containers should be included in the state's beverage container recycling program;now, therefore,be
it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League reaffirm its support for the
continuation of the existing beverage container recycling program and legislation to expand the
program to include sports drinks,juices, waters and other non-carbonated soft drinks.
10. RESOLUTION RELATING TO POLLUTION CONTROLS ON NATIONAL AND
INTERNATIONAL SOURCES
Source: City of Los Angeles
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve
Final Recommendation to General Resolutions Committee:
WHEREAS,many regions in California suffer from air quality that is not in attainment of
state or federal standards; and
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WHEREAS,the local air pollution control districts,air quality management districts, and the
state of California have undertaken one of the most aggressive air pollution controls programs in the
world; and
WHEREAS,the federal government has responsibility for the control of emissions from
federal sources, including interstate sources such as aircraft,marine vessels, locomotives and
interstate trucks and has influence over similar international air pollution sources; now,therefore, be
it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League request the National League
of Cities to urge the federal government to pursue all cost-effective emission reductions from
national air pollution sources and to encourage pollution controls on international sources.
11. RESOLUTION RELATING TO CORPORATE AVERAGE FUEL ECONOMY (CAFE)
STANDARDS
Source: City of San Jose
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 recognizes that most metropolitan areas in
California are faced with the difficult challenge of pursuing or maintaining the attainment of federal
clean air standards. New federal clean air standards have been proposed that are more stringent and,
if adopted,will create further difficulty in the attainment of air quality standards by local
governments and their constituent businesses and residents;and
WHEREAS,the League recognizes that past advances in federal corporate average fuel
economy(CAFE) standards have provided a fundamental tool in the pursuit of attainment of federal
Clean Air Standards on the part of California's and the nation's major metropolitan areas. Yet, it is
also recognized that CAFE standards have not advanced since the mid-1980s, and that vehicle miles
driven per capita is climbing in urban areas of California and the rest of the nation. The combined
effect of these trends has neutralized the overall effectiveness of CAFE standards as an important
tool for meeting air quality objectives,protecting public health and for solving a host of other
problems associated with automobile emissions; and
WHEREAS, automobile usage in urban areas of California and the Untied States accounts for
a disproportionately large share of the world's total carbon dioxide emissions. The League
recognizes that increasing CAFE standards would be a positive, critical step toward mitigating the
destructive impacts of carbon dioxide emissions; and
WHEREAS,implementation of existing CAFE standards have reduced the pressure to drill
for oil in sensitive environments around the world, and have diminished our nation's dependence on
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foreign oil,thereby enhancing national security. Increasing CAFE standards would further these
national goals; and
WHEREAS,the League recognizes that separate lower CAFE standards have been
established for light trucks,which include what the industry calls sport utility vehicles, at 20.7 miles
.per gallon(MPG) and for passenger vehicles at 27.5 MPG. Given that sales of vehicles in the light
truck category have experienced a dramatic increase in the market share of new vehicles in recent
years,the average fuel economy of the entire on-road vehicle fleet in California and the nation has
actually begun to decline significantly; now, therefore, be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League support federal legislation
that increases the federal CAFE standards for both passenger cars and light trucks/sport utility
vehicles, and/or combine the categories in such a way that effectively increases the average fuel
performance of the entire on-road fleet of vehicles within California and the nation; and be it further
RESOLVED,that the League urge the National League of Cities to sponsor or support
legislation that increases the CAFE standards.
12. RESOLUTION RELATING TO STORMWATER RUNOFF
Source: City of Los Angeles
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Ap=ve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS,urban runoff pollution carried to surface waters in stormwater collection
channels is harmful to human health and to the environment; and
WHEREAS, action plans have been prepared by jurisdictions throughout the state that
identify methods to reduce pollution from urban runoff; now,therefore,be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League support legislation that
would provide funding for programs that would lead to a reduction of the pollutant load in
stormwater runoff; and be it further
RESOLVED,that the League support legislation that would support the protection of waters
of the state through the reduction of pollution in stormwater runoff.
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13. RESOLUTION RELATING TO MAINTENANCE AND OPERATING COSTS FOR
ENVIRONMENTAL PROJECTS
Source: City of Los Angeles
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee:drove
Final Recommendation to General Resolutions Committee:
WHEREAS, available funding for environmental projects often prohibits the use of funds for
any maintenance activities; and
WHEREAS,the success of many environmental projects would be ensured if funding for a
maintenance period were provided; now,therefore,be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League support legislation that
would provide funding for the short-tern maintenance and operating costs in addition to the
construction and implementation costs of an environmental project funded by a state program.
14. RESOLUTION RELATING TO ELECTRIC UTILITY RESTRUCTURING
Source: City of San Jose
Referred to: Environmental Quality Policy Committee
Preliminary Recommendation to General Resolutions Committee: Policy Committee will
make final recommendation at October 12 meeting
Final Recommendation to General Resolutions Committee:
WHEREAS,the League of California Cities adopted a resolution on electric industry
restructuring at the 1996 Annual Conference in Anaheim; and
WHEREAS,the League's 1996 resolutions stated that the League:
a_ Reaffirm its support of electric service by consumer-owned public power municipal
utilities and encourage the continuation of the"home rule"authority vested in California cities,
b. Continue to participate in the electric industry restructuring debate to ensure that no
erosion of local government authority occurs,
c. Oppose all legislation that erodes the ability and authority of municipal utilities to operate;
and
WHEREAS,the League adopted revised policy guidelines on electric industry restructuring
in April 1996 to support:
a. The concept of electric utility restructuring,
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b. Equitable benefits for all rate payers,
c. Municipal utility authority,
d. Preservation of cities' franchise authority,
e. Cities' ability to aggregate and purchase electricity for municipal or community accounts,
f. Resolution of stranded investment problems such that investors, rate payers and generators
remain financially whole,
g. Wheeling between generators and users,
h. Alternative sources of energy,
i. Fair resolution of the unique problems of California's biomass industry,
j. Energy programs that provide social and environmental benefits; and
WHEREAS, the League has adopted additional policies and positions related to consumer
protection, municipal utilities and other issues; and
WHEREAS, state legislation(AB 1890, Chapter 854, Statutes of 1996)has passed that has
restructured the generation segment of the electric services industry of electric power, and local
governments have taken action based upon state legislation and California Public Utilities
Commission regulation; and
WHEREAS,the League desires to advocate its position based on existing League policy;
now,therefore, be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League continues to support the
ability of local government to:
a. Participate in direct access transactions, self-aggregation and voluntary aggregation of
customers not limited to municipal accounts,
b. Be providers of electricity and ancillary services for the residential, commercial and
industrial sectors; and be it further
RESOLVED,that the League support legislation on electric utility industry restructuring
that:
a. Provides reliable and long-term mechanisms that support and encourage the use of
renewable energy and conservation,
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b. Does not at the federal level,preempt legislation in states that have already restructured
the electric utility industry; and be it further
RESOLVED,that the League urge the National League of Cities to sponsor or support
federal legislation that achieves these same purposes.
Resolutions Referred to Committee on Housing, Community and Economic Development
15. RESOLUTION RELATING TO AMORTIZATION OF POLE SIGNS
Source: Los Angeles County Division
Referred to: Housing, Community and Economic Development Policy Committee
Preliminary Recommendation to General Resolutions Committee: Amend and Refer
Final Recommendation to General Resolutions Committee:
WHEREAS,litigation currently is pending over whether Section 5499 of the Business and
Professions Code preempts local governmental agencies under certain circumstances from enacting
legislation that requires the removal of on-premise advertising (also known as"pole signs")on the
basis of height or size, even after a reasonable period of amortization; and
WHEREAS,regulation of the location, appearance and concentration of pole signs, including
the requirement to remove them on the basis of height or size after a reasonable period of
amortization, is an essential part of the local zoning power to improve the visual appearance of local
communities; and
WHEREAS,the League of California Cities supports laws that provide and clarify local
authority over the regulation of unsightly advertising signs; now,therefore,be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League support legislation that
clarifies and provides that local governmental agencies have the authority to require the removal,
after a reasonable period of amortization, of on-premise advertising signs on the basis of height or
size.
16. RESOLUTION RELATING TO PERSONAL WIRELESS SERVICE FACILITIES
Source: City of Cerritos
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,on January 31, 1996,the 104th Congress of the United States of America
adopted the Telecommunications Act of 1996, amending and repealing various sections and
provisions of the Communications Act of 1934, Title 47 of the United States Code section 332(c),
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which was amended by adding the new subparagraph(7), entitled"Preservation of Local Zoning
Authority"; and
WHEREAS, the new section of the National Wireless Telecommunications Siting Policy,
entitled "Preservation of Local Zoning Authority,"provides for the retention of local decision-
making authority over the placement, construction and modification of personal wireless service
facilities subject to certain limitations; and
WHEREAS, under the principles of federalism, the ability and authority of the states to
determine the zoning and land uses within their borders, and the ability and authority of counties,
cities and other local entities within the state to determine the zoning and land uses within their
jurisdiction has long been upheld by the court; and
WHEREAS,the United States Conference of Mayors, at its 1997 Annual Conference, also
adopted a resolution affirming the authority of local governments to determine the placement,
construction and modification of personal wireless service facilities within their jurisdictions; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that based upon the authority provided for
and the limitations on that authority contained within the Telecommunications Act of 1996 and the
traditional and long-standing authority of state and local governments and instrumentalities thereof
to determine and decide the appropriate land uses, zoning and placement of businesses and facilities
within their jurisdictions, the League finds as follows:
1. Title 47 of the United States Code section 332(c)(7) Preservation of Local Zoning
Authority of the Telecommunications Act of 1996 clearly defines the authority of state and local
governments and instrumentalities thereof to regulate the placement, construction and modification
of personal wireless service facilities subject to the limitations contained above.
2. Further, Title 47 of the United States Code section 332(c)(7)Preservation of Local Zoning
Authority of the Telecommunications Act of 1996 provides that an individual who is adversely
affected by any final action or failure to act by a state or local government or any instrumentality
thereof that is inconsistent with subparagraph(7),may, within 30 days after such action or failure to
act, commence an action in any court of competent jurisdiction. The court shall hear and decide such
action on an expedited basis.
3. Finally, Title 47 of the United States Code section 332(c)(7)Preservation of Local Zoning
Authority of the Telecommunications Act of 1996 clearly specifies the role of the Federal
Communications Commission (FCC) as an appeal body only in those instances in which the action
or failure to act by a state or local government or instrumentality thereof is based upon substantial
evidence contained in a written record which is inconsistent with clause(iv)concerning radio
frequency emissions; and be it further
RESOLVED,that the League of California Cities urge the National League of Cities to:
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1. Oppose the recent action of the FCC to tentatively preempt and preclude local siting
moratoria that do not specify a fixed length of duration,because according to the FCC such
moratoria are not"decisions"regarding the placement, construction and modification of personal
wireless service facilities which,pursuant to Title 47 of the United States Code section 332(c)(7)(A)
Preservation of Local Zoning Authority of the Telecommunications Act of 1996,are subject to
review by the courts and therefore are either impermissible Commercial Mobile Radio Service
(CMRS)entry regulation in violation of Section 332(c)(3)or a barrier to entry under Section 253(a),
either of which are subject to preemption by the FCC.
2. Oppose any further actions of the FCC to preempt local siting moratoria that are of a fixed
length of duration or that are imposed only against the siting of new CMRS facilities but that permit
existing CMRS operators to construct or modify facilities.
3. Support the legislative and judicial actions of local governments to retain their traditional
and essential zoning and land use authority over the placement, construction and modification of
personal wireless service facilities within their jurisdiction, as provided in the Telecommunications
Act of 1996, and in particular, decisions regarding facilities whose siting, scope, scale or design may
result in undue impacts, whether aesthetically or otherwise,to adjacent businesses and residents.
Resolutions Referred to Committee on Public Safety
17. RESOLUTION RELATING TO THE IMPACT OF DEPORTABLE CRIMINALS ON
LOCAL GOVERNMENT
Source: Public Safety Policy Committee
Referred to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS,the League of California Cities issued a report of the Immigration and
Naturalization Task Force in May 1995, which addressed the broad range of immigration impacts on
state and local government; and
WHEREAS, among the various recommendations for policy development included in the
task force report is the issue of deportable criminals and the costs to the state of California and its
cities and counties of incarcerating deportable criminals, including the direct cost associated with
processing and booking at the time of arrest; and
WHEREAS, in 1995,an estimated 18,000 deportable felons were incarcerated in state prison
and approximately 7,000 deportable criminals were incarcerated in county jails,with early estimates
for 1997 at substantially higher numbers; and
WHEREAS,tens of thousands of additional deportable criminals commit crimes that
endanger the public safety and violate property rights of law-abiding legal residents; and
15
VVHEREAS, California cities'jails and detention centers are the criminal's"point of entry"
into the criminal justice system, and are often overlooked as the critical apprehension juncture of
deportable criminals; and
WHEREAS, the Immigration Bill, HR 2202, clarified the intent of the Congress in the 1995
Crime Bill to reimburse local government for incarceration costs; and
WHEREAS, criminal activity by deportable criminals has increased the costs to local
government and the demands for public services; and
WHEREAS, local public safety personnel are endangered and there have been incidents in
which deportable criminals have seriously injured or killed police officers; and
WHEREAS, local government has bome the burden of incarcerating, housing and
prosecuting deportable criminals in addition to putting local police officers in danger; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League support legislation seeking
reimbursement by the federal government to local agencies, specifically cities, for the costs
associated with incarcerating deportable criminals, including the direct costs associated with
processing and booking at the time of arrest; and be it further
RESOLVED,that the League urge the National League of Cities to join in this effort and
urge the federal government, especially the Immigration and Naturalization Service to institute a
city-based program to reduce cities' costs of booking,processing and incarcerating deportable
criminals, and to minimize repeat offenses by deportable criminals by assigning INS personnel,
where requested, to cities and counties operating jails and detention centers in order to coordinate
deportation proceedings with criminal prosecution.
18. RESOLUTION RELATING TO EMERGENCY MEDICAL SERVICES
Source: City of Santa Clara
Referred to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee: _Policy Committee will
make recommendation at October 12 meeting
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 Legislature in 1980; and
WHEREAS, one result of the EMS Act has been to reduce the accountability of some
emergency medical service providers to the individuals receiving their care; and
WHEREAS, cities and fire districts provide essential paramedic and emergency medical
technician services at the scenes of health emergencies and accidents and are therefore in a unique
16
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position to closely monitor the level and quality of service provided to their citizens and visitors by
emergency medical transport providers(ambulances); 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; now,therefore,be
it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League sponsor legislation to
authorize cities to have an increased role in the selection and monitoring of emergency medical
service providers; and authorizing cities and fire districts to increase the level of emergency medical
services delivered to their citizens,to and including the provision of emergency medical transport or
ambulance services; and requiring emergency medical transport providers to compensate cities and
fire districts for the emergency medical services rendered by cities and fire districts.
19. RESOLUTION RELATING TO SHOPPING CART RETRIEVAL
Source: Orange County Division
e e to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee:improve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, shopping cart retrieval legislation enacted in 1996 (AB 317 - Granlund)placed
onerous provisions on cities requiring a three-day notice requirement to grocers, among other
restrictions,for the.retrieval of shopping carts; and
WHEREAS,neighborhood concerns regarding.the number of abandoned or stolen shopping
carts and the contribution to blight has elevated with the passage of AB 317; and
WHEREAS,Assembly Member Curt Pringle introduced legislation, AB.1427,on behalf of
the city of Anaheim to amend existing law dealing with the notice provisions and local government
charges relating to cart retrieval that was supported by the Grocers Association and the League of
California Cities; and
WHEREAS, despite virtually no opposition to AB 1427,the legislation did not pass in the
Assembly Local Government Committee due to the Chairman's concerns regarding the questionable
intent of this issue as a matter of statewide concern and the fiscal impact to cities and counties; and
WHEREAS,the League of California Cities has indicated an analysis of fiscal impact to
cities would vary significantly under the provisions of AB 1427 due to the subjectivity or voluntary
nature of the legislation; and
WHEREAS, since the issue remains a matter of statewide concern under current state law
and has restricted cities and counties from addressing shopping cart retrieval issues at the local level,
17
it is most appropriate for the League of California Cities to sponsor legislation in 1998 to repeal or
amend the applicable section of existing law dealing with cart retrieval; now, therefore, be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997, that the League and the city of Anaheim
co-sponsor legislation in 1998 to amend or repeal the onerous provisions in current law dealing with
city and county restrictions surrounding cart retrieval.
20. RESOLUTION RELATING TO DRUG AND ALCOHOL REHABILITATION
PROGRAMS
Source: Orange County Division
Referred to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, Sober Living Homes are defined as any house, institution, hotel or other similar
place that supplies room and board, or rooms only, and operates as a drug- and alcohol-free
residential facility; and
WHEREAS, the Fair Housing Act was established in 1968 to prohibit housing discrimination
based on race, color, religion, national origin or sex, and was subsequently amended to extend its
protection to include individuals participating in rehabilitation programs as well as persons suffering
from chemical dependency; and
WHEREAS, Sober Living Homes, under the protection of the Fair Housing Act, provide
housing facilities for persons suffering from chemical dependency as well as persons with extensive
criminal backgrounds; and
WHEREAS, the number of Sober Living Homes is growing at a significant rate, with the vast
majority of such homes being located in residential neighborhoods; and
WHEREAS, only 25 percent of Sober Living Homes are licensed by the California
Department of Alcohol and Drug Programs, with the remaining 75 percent of Sober Living Homes
being unlicensed and exempt from any regulatory guidelines,monitoring procedures, occupancy
limits,requirement to notify local authorities about their location and/or requirement to disclose to
local authorities the criminal histories of their residents; and
WHEREAS, attempts,to date, by local and state governments to limit, license, remove or
regulate unlicensed Sober Living Homes have been prevented by actions taken by HUD under the
regulations preventing discrimination against the disabled; and
WHEREAS, crime statistics associated with the residents of unlicensed Sober Living Homes
vary from misdemeanors to serious felonies such as burglary, armed robbery and murder; and
18
WHEREAS,unlicensed Sober Living Homes are not required to provide treatment services
and, as such, serve only as an alternative to prison without providing structured care, supervision or
rehabilitation services; and
WHEREAS,while licensed Sober Living Homes provide professional and comprehensive
treatment services, it is believed that unlicensed facilities housing those under court jurisdiction
subject a significant and unnecessary risk to the health,welfare and safety of the populace; now,
therefore, be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League sponsor legislation that
requires any person under court jurisdiction,who is released on probation,parole, conditional
sentence or a suspended sentence on the condition that he or she participate in a residential drug or
alcohol abuse rehabilitation program,to participate in a licensed alcoholism or drug abuse recovery
or treatment facility.
21. RESOLUTION RELATING TO THE ELIMINATION OF ALL NUCLEAR WEAPONS
Source: Council Member Susie F. Boyd, City of Davis
Referred to: Public Safety Policy Committee
Preliminary Recommendation to General Resolutions Committee: Withdrawn by Sponsor
Resolutions Referred to Committee on Revenue and Taxation
22. RESOLUTION RELATING TO LOCAL GOVERNMENT FUNDING STRUCTURE
Source: North Bay Division
Ref-erred to: Revenue and Taxation Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, local government has been subjected to significant reductions in revenue due to
state actions during the economic recessions of the 1980s and 1990s; and
WHEREAS, the burden of the above-mentioned reductions fell on local governments in
addition to the revenue reductions they suffered as a result of the last two recessions' impact on
economic activity; and
WHEREAS,there is no indication of any change in the state's revenue picture that would
prevent this pattern from being repeated in future recessions; and
WHEREAS, the earmarking of funds for K-14 education mandated by Proposition 98 has
resulted in the state shifting funding from local government as exemplified in the property tax take-
away for the Educational Revenue Augmentation Fund(ERAF); and
19
WHEREAS, local governments statewide suffer from a lack of a stable, predictable revenue
stream and further suffer from the difficulty of funding capital projects that are necessary for
balanced economic development even when these projects are desired by a majority of their
communities; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League support the establishment of
a constitutionally protected funding structure for local government.
23. RESOLUTION RELATING TO PROPERTY TAX ADMINISTRATION FEES
Source: Cities of Ceres and Modesto
Referred to: Revenue and Taxation Policy Committee
Preliminary Recommendation to General Resolutions Committee: Approve as Amended
Final Recommendation to General Resolutions Committee:
WHEREAS, AB 818 (Vasconcellos), signed by the governor in October 1995, created a
State-County Property Tax Administration Program, which offers state loans to eligible counties to
assist county assessors' offices in their enhancement of property tax administration systems; and
WHEREAS, the established program required that certain predetermined operational goals be
met by each participating county or the state would require repayment of the loan limited to
supplanting the current level of funding within each county assessor's office; and
WHEREAS, on July 16, 1997, California Department of Finance Director Craig Brown
deemed all participating counties in said program met the terms of their contracts with the state and
that all loans for fiscal year 1995-96 were considered repaid [forgiven]; and
WHEREAS, some counties are including the costs of the additional staff and resources
incurred through this program in the calculation of their respective property tax administration fees
to be paid by cities and special districts under state mandate SB 2557(Chapter 466, Statutes of
1990), despite the fact the state has already paid for those supplemental expenses through the loan
program,subsequently forgiven; and
WHEREAS, such practices in this manner by some counties constitute"double taxation"
upon residents and businesses located within cities and special districts when the state of California
and local agencies must pay for the very same added costs of property tax administration through
this program; and
WHEREAS, such practices in this manner are the equivalent of a special revenue"windfall"
to counties; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League sponsor legislation to
20
prohibit counties participating in the State-County Property Tax Administration Program from
passing on their supplemental property tax administration expenses to cities and special districts in
the form of SB 2557 fees (section 95.3 of the Revenue and Taxation Code)when the participating
county has satisfied its predetermined performance criteria and received state notification the loan
has been paid.
24. RESOLUTION RELATING TO RETURN OF PROPERTY TAX REVENUE
Source: City of Lafayette
Referred to: Revenue and Taxation Policy Committee
Preliminary Recommendation to General Resolutions Committee: Disapprove
Final Recommendation to General Resolutions Committee: -
WHEREAS, in response to its own severe budget deficits, the state of California has since
1992 redirected one-sixth of all property taxes from counties, cities, and special districts; and
WHEREAS, these property tax shifts total approximately$2 billion and have caused local
governments to reduce many programs and continue to strain local budgets; and
WHEREAS, the state's August 1997 repayment of$1.2 billion owed to PERS for loans made
to relieve the state's budget deficits firmly establishes a state policy to responsibly repay debts owed;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 14, 1997,that the League use all reasonable means to
ensure that property tax debts owed to cities by the state of California be repaid in a timely manner
and consistent with state policy and precedent.
Resolutions Referred to Committee on Transportation. Communications and Public Works
25. RESOLUTION RELATING TO ISTEA REAUTHORIZATION
Source: City of Los Angeles
Referred to: Transportation and Public Works Policy Committee
Preliminary Recommendation to General Resolutions Committee: Awrove
Final Recommendation to General Resolutions Committee:
WHEREAS,the authority for the Intermodal Surface Transportation and Efficiency Act
(ISTEA)has expired and the U. S. Congress is currently considering reauthorization of the Act;and
WHEREAS,ISTEA provides California with significant fiscal resources for funding
transportation programs and programs that reduce congestion and improve air quality; and
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WHEREAS,it is in the interest of cities and counties within California to continue to have
flexible use of ISTEA funds for transportation programs and programs to reduce congestion and
improve air quality;now,therefore,be it
RESOLVED,by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco,October 14, 1997,that the League request the National League
of Cities to work to ensure that local flexibility in the use of ISTEA funds be enhanced,that funds
for Congestion Management and Air Quality(CMAQ)be retained, and that funds continue to be
made available for multi-modal transportation programs.
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