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HomeMy WebLinkAbout10/07/1997, C-3 - ANNUAL LEAGUE CONFERENCE RESOLUTIONS jcouncil o _ ,_9., agenda RepoRt hmHom°- c3 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. ii G'-3-3 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. iii 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.) »»»»»»»»»»»»»»»»»»»> iv 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 v 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 ** Vii C-3 -8 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 e_3-9 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 1 C—45/d 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 2 e _s it 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 3 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] 4 oc- 3—/3 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: 5 - 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 6 C, a is 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 7 L'- 3 -/6 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 8 C,_ 3 - /7 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 9 c-3-1 tr 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. 10 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, 11 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, 12 0-3 -a 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), 13 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: 14 G3�3 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 e-3-aS 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 21 C,3-30 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. -0-0*-04P- 22 C-3 - �/