HomeMy WebLinkAbout12/01/95�. .
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B A K E R S F I E L D
MENI�RANDUM
December 1, 1995
TQ: HONORABLE MAYOR AND CITY COUNCIL
FROM: ALAN TANDY, CITY MANAGER /`�s. �or" �I- %•
SUBJECT: GENERAL INFORMATION
1. Somehow the newspaper got hold of our draft annexation strategy and will be
running some stories on it, perhaps before you're even able to read this
memorandum. Unfortunately, that is not how we wish to approach the
neighborhoods, and it will make our task of annexing harder than we had
expected.
2. A councilmember asked me for a description of the financing vehicle I had
discussed in last week's General Information memo for the iceplex on White
Lane. That is enclosed from Greg Klimko under a heading of Industrial
Development Bonds, or IDB's. Eligibility for this Economic Development
tool has been so reduced that we rarely see it.
3. You may have missed the announcement. It was not done with the fanfare we
desired, but Kern Machinery is the first location in the Gateway Industrial
Park. They are bringing in a farm machinery sales operation from the
county.
4. Letters are enclosed to members of the Citizens' Community Service Advisory
Committee regarding term extensions for all members to 1998. We are asking
them to serve ex officio as the Council works toward a new ordinance.
5. There is a memo regarding General Plan Amendments tentatively scheduled for
Council consideration in February. The Marketplace EIR will be heard on
December 21st and should go before the City Council in January. In
relation to that, included are some letters from citizens expressing their
views on the Marketplace Shopping Center. All the letters are in support
of the project, except for one.
6. Enclosed is a memo regarding the status of the Landfill Closure Project.
We are now the lead agency.
7. A memo is also enclosed regarding the Upgrade and Expansion of WWTP No. 2.
We hope to be ready to advertise for bids by July 1, 1996.
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HONORABLE MAYOR AND CITY COUNCIL
December 1, 1995
Page -2-
8. There are several reports and publications enclosed, including the October
Fire Department report, Resolutions adopted by the League of California
Cities at their annual conference, November California Department of
Finance Economic Bulletin and Wall Street Journal article regarding
utilities deregulation.
AT:rs
cc: Department Heads
Carol Williams, City Clerk
Trudy Slater, Administrative Analyst
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MEMORANDUM
NOVEMBER 30, 1995
AT.AN TANDY, CITY MANAGER
FROM: GREGORY J. KLIMKO, FINANCE DIRECTOR G�
SUBJECT: INDUSTRIAL DEVELOPMENT BONDS (IDB's)
The federal government through the Internal Revenue Services as its
enforcement agency has placed significant limits resulting from the
1986 Tax Reform Act on the issuance and use of IDB's. The City of
Bakersfield has issued bonds known as "pass through" financing. In
these financing, the City issues Revenue Bonds, the bond proceeds
are then loaned to a non-profit corporation which is responsible to
re-pay the loan from operating revenues. The City does not have
any financial risk since the bond repayment obligation is limited
to the monies the City receives from non-profit corporation. The
ability to sell bonds is totally dependent on the financial
strength of the non-profit corporation and in some instances the
track record of the firm the non-profit hires to operate the
facility which was built with the bond proceeds. Currently, all
the City IDB's issued and outstanding are health care related as
follows:
Issued
Date $ Millions
12-15-84
12-01-85
Ol-Ol-91
09-01-92
04-01-93
05-01-93
4.5 California Convalescent Hospital
Proj ect
2.0 Heritage Convalescent Center Project
6.0
25.0
71.2
22.2
United Community Housing and
Development Assisted Living Center
Bakersfield Memorial Hospital
Bakersfield Memorial Hospital
Adventist Health Systems West
San Joaquin Community Hospital
The CANLAN Iceplex proposal is for the City to issue Revenue Bonds
and lend the bond proceeds to the National Development Council
(NDC) a nonprofit corporation qualifying under Section 501 (C) (3) of
the internal revenue code. NDC would then contract with CANLAN
Investment Corporation of Vancouver, British Columbia to construct
and operate the facility. Once again, the ability to sell the
revenue bonds is contingent upon the financial strength of NDC and
CANLAN who are ultimately responsible to payoff the bonds.
Please call if there are any questions or changes to the CANLAN
proposal.
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B A K E R S F I E L D
Mr. Richard Russell
2301 Colby Street
Bakersfiel�d, California 93304
Dear Richard:
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November 16, 1995
The Council Community Services Committee met on November 14, 1995
to discuss the effects the recent changes in ward boundaries placed
upon some members of the Citizens' Community Service Advisory
Committee. J
After considerable discussion, the Council Committee agreed to make
several recommendations to the full Council. They include extending
the term of all current members to 1998. In addition they will be
recommending the deletion of the ward residency requirement.
The above recommendations will require Ordinance revisions to the
existing ordinance (Ordinance 3601). It is anticipated these
changes can be made within the�next 60 to 90 days.
The Council Committee has recommended, and the City Attorney's
Office has concurred, that the affected members continue as ex-
officio members until this issue is resolved. This means that
during future meetings you will be able to continue in all
discussions and perform all the duties of your position, but; will
not have the authority to vote. Hopefully this will not cause
problems in obtaining a quorum for the next several meetings.
If you need additional information please contact me at 326-3700.
Sincerely,
and Andersen
Community Service Manager
cc: Alan Tandy, City Manager
Judy Skousen, City Attorney
C O N V E N T I O N C E N T E R
Community Services Department Administrative Office
1001 Truxtun Avenue • Bakersfield • California • 93301
(805) 327-7553 • Fax (805) 861-9904
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B A K E R S F I E L D
Mr. Leonard Schroeder
221 South Monclair Street
Bakersfiel�d, California 93309
Dear Leonard:
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1990
November 16, 1995
The Council Community Services Committee met on November 14, 1995
to discuss the effects the recent changes in ward boundaries placed
upon some members of the Citizens' Community Service Advisory
Committee.
After considerable discussion, the Council Committee agreed to make
several recommendations to the full Council. They include extending
the term of all current members to 1998. In addition they will be
recommending the deletion of the ward residency requirement.
The above recommendations will require Ordinance revisions to the
existing ordinance (Ordinance 3601). It is anticipated these
changes can be made within the next 60 to 90 days.
The Council Committee has recommended, and the City Attorney's
Office has concurred, that the affected members continue as ex-
officio members until this issue is resolved. This means that
during future meetings you will be able to continue in all
discussions and perform all the duties of your position, but; will
not have the authority to vote. Hopefully this will not cause
problems in obtaining a quorum for the next several meetings.
If you need additional information please contact me at 326-3700.
Sincerely,
an ersen
Comm nity Service Manager
cc: Alan Tandy, City Manager
Judy Skousen, City Attorney
C O N V E N T i O N C E N T E R
Community Services Department Administrative Office
1001 Truxtun Avenue • Bakersfield • California • 93301
(805) 327-7553 • Fax (805) 861-9904
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B A K E R S F I E L D
Mr. Jack Goldsmith
6605 Chukkar Lane
Bakersfiel�d, California 93309
Dear Jack:
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November 16, 1995
The Council Community Services Committee met on November 14, 1995
to discuss the effects the recent changes in ward boundaries placed
upon some members of the Citizens' Community Service Advisory
Committee .
After considerable discussion, the Council Committee agreed to make
several recommendations to the full Council. They include extending
the term of all current members to 1998. In addition they will be
recommending the deletion of the ward residency requirement.
The above recommendations will require Ordinance revisions to the
existing ordinance (Ordinance 3601). It is anticipated these
changes can be made within the next 60 to 90 days.
The Council Committee has recommended, and the City Attorney's
Office has concurred, that the affected members continue as ex-
officio members until this issue is resolved. This means that
during future meetings you will be able to continue in all
discussions and perform all the duties of your position, but; will
not have the authority to vote. Hopefully this will not cause
problems in obtaining a quorum for the next several meetings.
If you need additional information please contact me at 326-3700.
Sincerely,
elan Andersen
Comm nity Service Manager
cc: Alan Tandy, City Manager
Judy Skousen, City Attorney
C O N V E N T I O N
C E N T E R
Community Services Department Administrative Office
1001 Truxtun Avenue • Bakersfield • California • 93301
(805) 327-7553 • Fax (805) 861-9904
\0�! 2 � 1995
MEMORANDUM
November 27, 1995
�'p!� 2 9 1995
TO: ALAN TANDY, CITY MANAGER
FROM: `��'� STANLEY GRADY, PLANIVING DIRECTOR
SUBJECT: GENERAL PLAN AMENDMENTS TENTATIVELY SCHEDULED
FOR DECEMBER 21, 1995
This memo is to inform you as to the current land use projects in process by the Planning Department. The
following items will be considered by the City Council on the regularly scheduled early February meeting. In
addition to the cases below, the "Marketplace" EIR will also be heard on December 21, 1995, and is
anticipated to be at the City Council in late January.
SEGMENT V:
Castle and Cooke project located at northwest corner of Panama Lane and Reliance Drive in Silver Creek
development. Requesting a change from apartments to single family dwellings on 12 acres.
SEGMENT VI:
Castle and Cooke project located at northwest corner of Panama Lane and Ashe Road in Silver Creek
development. Requesting to create a 25-acre apartment complex now designated for single family dwellings.
SEGMENT VII:
Castle and Cooke project located at northwest carner of Harris Road and Ashe Road/Arvin-Edison Canal in
Silver Creek development. Requesting a change from a"small° lot subdivision/PUD to a"standard" single
family subdivision on 13 acres.
SEGMENT VIII:
Castle and Cooke project located on Stockdale Highway across from Mercy Hospital/Cal State Bakersfield.
Requesting a change from Office Commercial to a Retail Commercial center on 6.5 acres and Open Space
on 35 acres.
SEGMENT X:
Castle and Cooke project located on Stockdale Highway across from Mercy Hospital/Cal State Bakersfield.
Requesting the removal of all 113 acres of this property from the Kern River Plan Element.
SEGMENT XII: ,
Ciry of Bakersfield project to remove collector designation from. Progress Road between Pacheco and
Panama Lane.
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CIRCUL�TION ELEME�IT
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�id� LICENSE NO. 487651
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6 I L L M U N DY 1730 CALLOWAY
E Q U I P M E N T BAKERSF �805) 589 I3885NIA 93312
(805) 589-9657
NOVEMBER 21,1995
I FEEL AS A BUSINESS CITIZEN IN THE BAKERSFIELD COMMUNITY, I MUST
EXPRESS MY OPINI�N ON THE ON—GOING SAGA BETWEEN CASTLE i� CDOKE AND THE
SMALL BAND OF CITIZENS WHO SEEM OPF�OSED TO GROWTH IN OUR COMIMUNITY.
IT IS MY IMIDERSTANDING THAT THESE
p1ENTIONED CONCERi�D CITI2ENS BOUGHT
CONSTRUCTION HAS BEEN ON SITE FOR
THEY COMPLAI NI NG NOr1? 1 T SEEpIS I F
I,�ULD HAVE LET I T REACH THI S STi�E.
PLANS WERE IN
THEIR H�MES.
10 YEARS, SO
PLACE h�N
T HE S I GN OF
MY QUESTI
THEY WERE TRULY CONCERNED,
THE A—FORE—
THE PENDING
ON IS WHY ARE
THEY NEVER
l FEEL THE LAWSUIT IS UN—WARRANTED AND IS C�ISTENT NITH TF� 2010
GENERAL PLAN, 20NING AND ORDINAI�ES SET FORTH BY �UR CITY OFFICIALS. I
AM AC7IVELY INVOLVED 1N SIGNING A LEASE FOR A FUTURE HIISINESS IN THIS
SHOPPI NG SI TE �ID FEEL THE p1ARKETPLACE 1 S A ENHAI�EM�NT TO �IJR
COMMUNITY. THIS PROJECT HAS THE PUTENTIAL FOR PROVIDING OUR UN—EMPLOYED
WITH MANY NEEDED JOBS. 1 AM INVOLVED WITH A BUSINESS THAT HAS BEEN
AFFECTED BY THE EC�NOMY AND KNOW FIRST HAND OF THE EFFECT T1�T THIS KIND
OF NEGATIVITY CAN HAVE ON HUSINESSES, EMPLOYEES AND THE COMMUNITY AS A
WHOLE.
1F WE WISH TO CHANGE THE VIEW THAT OTHER TOWNS, STATES AND PEOPLE HAVE
OF BAKERSFIELD 4� MUST 5� THAT WE ARE COMPETITIVE, HAVE THE ABILITY TO
GIVE AFFURDABLE HDUSING, SUPPLY JOHS AND HAVE A SOCIAL ATMIOSPHERE THAT
NOULD MAKE PEOPLE 1�NT TO LIVE AND SF�P HERE� WHICH IN TURN WOULD
ATTRACT MAJOR CORPORATI�IS AND COMPANIES TO A SPECIFIC AREA. SO I FEEL
1 T I S I pIPORTANT FOR YOU AS p�YOR, C 1 TY COl1NC I L MEMBE RS, HOARD OF
SUPERVISORS AND PLANMING COMMISSIONERS TO WHOLE HEARTILY SUPPORT ALL THE
EFFORTS THAT CASTLE � COOKE HAS PUT FORTH IN HELPING OUR COMbNJNITY TO
6R�W IN ALL AREAS.
C ELY
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K EN MUNDY
CC: MAYOR— BOB PRICE, KERN COUNTY BOARD OF SUPERVISORS, CITY CUUNCIL
MEMBE RS, AND THE PLANNI I NG COMMI I SS 10NE R8.
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RECE��'�D
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Mp,YOR'S ��F'GE
November 20, 1995
Mayor Bob Price
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Mayor Price:
I am writing to voice my support of the Marketplace Shopping Center. I work very close
to the proposed site and my husband and I plan on buying a home in the southwest
within a year.
I have seen the plans and attended a meeting where the facts were given. I can't
believe the misinformation that the Southwest Community Action Committee has been
feeding the media. Castle & Cooke has put a lot of effort into making sure this is a very
upscale and useful center. They have gone out of their way to satisfy the SCAC by
only allowing one fast food restaurant, one gas station and by lowering the lighting near
the residential areas. I have lived in Bakersfield my entire life and feel this is the best
and most thought out neighborhood shopping center in the city.
Please do not let one small but vocal group stop the growth of our city just because
they feel a neighborhood shopping center belongs in someone else's neighborhood.
Sincerely,
Stephanie Brantley
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November 16, 1995
Bob Price - Mayor
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Ma�or Price:
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N�►�� S OFF\G�
MP,��R
The recent controversy over Castle & Cooke's proposed Marketplace,
and the delay that has been caused, in my opinion, is not justified.
The facts support such a development at this location.
I am a member of the so called "silent majority" that supports
this neighborhood shopping plaza in the southwest. Believe me,
the opposition is a very small number of homeowners.
Your concern in this matter is appreciated.
BJH:jac
File: SHOPCNTR ,
Sincerel ,
��
Bob and Judy Hampton
1601 Wedgewood
Bakersfield, CA 93311
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Mayor Bob Price
City of Bakersfield
1501 Truxtun Ave.
Bakersfield, CA 93301
Dear Mayor Price:
November 17, 1995
RECE1VkD
��; 2 0 1945
MAYOR'S �FF�CE
Although I don't cunently live in the Southwest, I plan to move there early next year. This letter
is to voice my opinion on the Marketplace issue
I believe that allowing the Southwest Action Committee to direct the future of Bakersfield is
ludicrous. My family and i fully support growth in Bakersfield. I have children being educated
here and someday will need jobs here. I certainty will never support a no-growth situation, or a
plan that inhibits growth of this kind..
As far as the proposed Marketplace is concerned, I believe the uniqueness of this proposed plaza
will serve to keep money in Bakersfield by targe�ting shoppers who otherwise head over the
Grapevine to spend their money.
Please add my voice to that loud roar you must be hearing regarding this issue.
V
Itita Famholtz
Registered Voter
aE�'��v��
RICHARD rsArtsooR N�y 2� t4gS
4700 STOCRDALE HWY� SIIITE 115 O�+S �FFIG�
BARERSFIELD, CA 93309 ��P`�
(805) 335-7500 Phone * (805) 335-7536 Fau
November 16, 1995
Mayor Bob Price
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Mayor Price,
As a homeowner in Southwest Bakersfield, I was naturally curious
about Castle & Cook's proposed Marketplace. Countless rumors have
circulated as to the nature of this project, and I took it upon
myself to investigate this matter.
Now that I feel that I am properly informed, I would like to voice
my sincere support for what looks to be the most beautiful and
upscale neighborhood shopping plaza in Bakersfield.
The Marketplace location has been zoned and approved for commercial
use. Being a businessman, I know that by expanding a project, more
funds will be diverted to beautify the projects. This is exactly
what Castle & Cook has done, and if SCAC continues to get their
way, Castle & Cook will have no alternative but to downsi2e the
project to a much less desirable shopping center.
In addition, SCAC's continued resistance is a threat to this area's
development. Castle & Cook along with other developers will become
discouraged from doinq business in Bakersfield. Castle & Cook
through their developments have helped boost the local economy, and
have improved the Southwest community with their upscale projects.
Lastly, I find it difficult to understand how homeowners in Haggin
Oaks and members of SCAC have claimed that they had not been
previously informed of the proposed shopping center. Even before
Haggin Oaks was built, it was common knowledge that a shopping
center had been planned to be built at this location on Ming
Avenue.
The Marketplace will be a welcomed addition to our Southwest
community. It is your job to allow Castle & Cook to continue with
their development of this shopping center. Thank you for your time
and attention.
%�erely,
/��,C�,�'! .�:�s
` Richard so r
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ZENAIDA MANSOOR
4700 STOCRDALE HWY� SIIITE 115
BARERSFIELD, CA 93309
(805) 335-7500 Phone * (805) 335-7536 Fax
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November 16 , 19 9 5 � 2 Q\94�
�� ���GE
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Mayor Bob Price A�(�
1501 Truxtun Avenue ��
Bakersfield, CA 93301
Dear Mayor Price,
As a homeowner in Southwest Bakersfield, I was naturally curious
about Castle & Cook's proposed Marketplace. Countless rumors have
circulated as to the nature of this project, and I took it upon
myself to investigate this matter.
Now that I feel that I am properly informed, I would like to voice
my sincere support for what looks to be the most beautiful and
upscale neighborhood shopping plaza in Bakersfield.
I find it difficult to understand how homeowners in Haggin Oaks and
members of SCAC have claimed that they had not been previously
informed of the proposed shopping center. Even before Haggin Oaks
was built, it was common knowledge that a shopping center had been
planned to be built at this location on Ming Avenue.
SCAC should be pleased that Castle & Cook has taken an interest in
planning the Marketplace in the southwest. I do not believe that
their efforts to reduce traffic congestion and crime in our area
should be focused upon the proposed Marketplace. Their efforts
would be better directed toward resolving the conflicts created by
the Halloween show as well as the Christmas light show.
The Marketplace will be a welcomed addition to our Southwest
community.
Thank you for your time and attention.
November 17, 1995
Mayor Bob Price
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Mayor Bob Price:
aECEI�Ep
�,�py 2 0 1995
c�taYOR'S �FF,�E
As a homeowner in Southwest Bakersfield and a concerned citizen
of Bakersfield, I would like to voice my sincere and
unconditional support for The Marke�place. The planned upscale
neighborhood shopping plaza is just what is needed in the growing
southwest.
Upon taking the time to differentiate between the facts and
fiction, I could not believe how much misinformation has been
presented to the media from the Southwest Action Committee. It
is scary that such a small elitist group is trying so hard to
stop The Marketplace, could they have an alternative purpose?
I believe The Marketplace will be a welcomed addition the qrowing
southwest community, and I look forward to its completion.
Thank you for your time and attention.
Sincerely,
'/.""" ��
David Benson
2227 Delbert Street
Bakersfield, California 93312-2114
. ' .
RECEIVEU
Nt3'J 1 0 1945
November 17, 1995
t�lAYOR'S OFFICE
Honorable Bob Price
City of Bakersfield
1501 Truxtun Avenue
Bakersfieid, CA 93301
Dear Mayor Price:
I am writing to you to express my support for Castle & Cooke's proposed Marketplace shopping
plaza in southwest Bakersfield.
I live in southwest Bakersfield and work near the site where The Mazketplace is to be constructed.
I believe the plaza will provide additional opportunities for entertainment, dining and shopping for
the many residents living or working in the vicinity of the plaza. I also believe The Marketplace
makes good sense economically for the City of Bakersfield; it will provide much needed jobs both
during and after its construction at a time when our city is suffering from high unemployment.
I am a native of Bakersfield and have chosen to live here because I feel Bakersfield provides a suitable
environment for raising a family. I have seen Bakersfield grow and prosper over the years. Recently,
a small group of residents has expressed its opposition to the planned construction of The
Marketplace. I think the actions of this goup will make continued growth more difficult to achieve
and sustain. This group has successfully halted consttuction of The Marketplace, at least temporarily,
and i fear this "victory" will embolden other groups of residents into employing similar delaying
tactics against comparable projects. BakersSeld can ill afford this type of economic environment if
it is to continue to grow.
I support The Marketplace shopping plaza and I hope that you, as a local govemment official, will
work to convey the message that Bakersfield does indeed support continued growth and economic
development.
Sincerely,
,> ,
Richazd Carmona
Y ..iT� �M� '
November 21, 19�5.
Mr. B. Freeman
President - Castle & Cooke Homes Inc.
10000 Ming Avertue
Bakersfield, 933I 1
Dear Sir,
4404 Wandering Oak Drive
Bakersfield, Ca. 9331 l.
Q
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I refer to ihe public meeting held on November t4th 1995 conceming the Mar�et Ptace
Shopping Center. At the meeting I asked ihe question as to the location of the proposed
f�tling starion. You idemified a location at the comer of Ming and Scar�et which is
approximately 250 ` from my home on Wandering Oak. At ihe conclusion of ihe
meeting I spoke to you aga.in. Your answer to my concern was, quote: "You shotzld have
known a f lling station would be sited in tliis development." I would suggest to you that
na one with any camman sense woutd invest S20(1,000 in a home knowing that a fitting
station would be located approximately 250' away.
'£he fact is that Castle 8t Cooke has cha.nged the original concept for this development
and what is now proposed is unacceptable for the existing neighborhoad. h is a fact that
for a fitling starioa to make a prof t, it has to have minimum sates of t OQ,000 gatlons per
monih, incorporate a mini mart, and be open 24 hours per day. This means that my
home, one among many, witt be subjected to traffic noise, inctuding tanker trucks
delivering producrt, 3b5 days a year. Thi� type of planning is contrary to Castle &
Cooke's pledge of "a benefit to the community". This is developmer�t with comptete
disregard for the adjacent community.
Assuming the minimum t00,000 gattons in sates is adopted, it would be safe to assvme
that 10,000 a�ttomobiles wi11 be serviced per month. This does not include arry mini mart
traff c, if one is iaciuded, nor ihe targe tantcers delivering product. I discussed the
proposed filling station with the City Planning Commission and inquired whether it is
refereaced ia ihe E.I.R. for the Market Place. I was infarmed the Commission had no
information on a prop�sed f lling station. How then is it possible to perform an E.I.R.
when Castie dt Cooke has not yet identifed what witt be enected in the Markei Piace?
-_ --=-�,-_�',=-�,. ..
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� ' i�OV 2 � 1995
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I am Rot a member of arry actiort group, I ar►T a citizen who sees his targest irrvestmer�t
being devalued by the actions of the developer. I do intend to pursue my legal right to
object to the proposed fi�ling station with the Planning Commission and the City Council.
Yows truly,
� ��!���
Gordon M. i`homson.
C.c. Iviayor Bob Price
Ptanning Commission
Ivlr. I�evin McDermott
TO:
FROM:
� �
� N�V 2 81���
B A K E R S F I E L D '
PUBLIC WORKS DEPARTMENT
MEMORANDUM
November 21, 1995
Alan Tandy, City Manager
Raul Rojas, Public Works D rector�
RE: STATUS OF LANDFILL CLOSURE PROJECT
As you are aware, the City and county are reversing roles of lead agency for the project.
A new City/County agreement to delineate responsibilities has been drafted by the City
Attorney's Office. The County Counsel has requested revisions to the draft. Currently, it
is being worked on by the City Attorney. The agreement will probably be in place by
January. In the meantime, several regulatory and technical issues are being worked on. We
anticipate the following series of events:
1. Solid Waste Assessment Test (SWAT)
According to the Regional Water Quality Control Board (RWQCB), a SWAT
to determine whether the landfill has an effect on groundwater must be
performed prior to RWQCB approval of the closure plan. The County
contracted with Metcalf and Eddy to perform the SWAT, but the consultant
has not proceeded because of the upcoming City/County reversal of lead
agency role. The delay is being resolved, and the SWAT should be complete
by March 1996.
2. Final Gas Probe Placement in the Bluffs
The new landfill gas system is running, and the City awaits State and County
input for Kleinfelder to establish a final probe system in the bluff area. This
should occur in January 1996.
3. Determination oF Soil Remediation Needs
The City awaits a County Health Department determination in order far
consultants to finalize the closure plan. According to the County, this should
be available in December 1995.
4. Closure Plan and EIR Revision
Based on the information above, document revision will begin in Marcli 1996.
EIR circulation should begin in June 1996.
c: Judy Skousen, City Attorney
� Kevin Barnes, Solid Waste Director
Howard Morris, Solid Waste Superintendent
TO:
FROM:
SUBJECT:
�
B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
Alan Tandy, City Manager
Raul M. Rojas, Public Works Dir ctor
WWTP No. 2 Upgrade and Expansion Status Report
November 22, 1995
Boyle Engineering is preparing a proposal for updating the final plans and specifications
completed in 1992 to conform to current specifications and materials. This should be
available by December 1, 1995.
Staff is pursuing a State Revolving Fund (SRF) loan for WWTP #2 construction. It is likely
the project will qualify for about $15,000,000 in loans. The loan rate is 1/2 the rate the state
pays for G. O. bonds. The SRF guidelines require a value engineering review of the
project plans and specifications. We are now issuing a RFQ/RFP for this work. Some
additional work is required on the negative declaration to make it conform to federal
guidelines. These two items will require about 5-6 months to complete. The project should
be ready to advertise on or about July 1, 1996.
Flows at WWTP #2 in October averaged 17.4 million gallons per day. A delay in the
project to conform to SRF guidelines should not cause any capacity problems.
cc: Greg Klunko
7 � �c;c ;
TO:
FROM:
SUBJECT:
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B A K E R S F I E L D
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Economic and Community Development Department
M E M O R A N D U M
Jake Wager, Economic Development Director
Myra McArthur, Planning Technician���
Graffiti Paint-Out Day on Pacific St.
November 20, 1995
On Saturday, November 18, 1995, thirty four Hispanic youth participated in a successful graffiti
paint-out activity. The North and South alleys of the 1400 block of Pacific St. were buzzing with
children from 9:00 a.m. till about 2:30 p.m. The young painters, ranging from ages 7 to 17,
eagerly painted twenty seven locations, many of which were their own homes. The activity was
organized by Graffiti Program staff and Ms. Irma Rodriguez, Neighborhood Watch block captain.
Officer Chris Norman's presence assured a peaceful atmosphere. The enthusiasm of the
participants affected many of the adult residents. As a result, some yards were cleaned, carports
were swept, and garbage picked up. Some homeowners painted their own garages and received
paint to keep them clean.
The activity ended with many tired bodies and happy hearts.
�i�� 2 71995
_,
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STATE CAPITOL
ROOM 2054
SACRAMENTO,CA 95814
(916) 445-4641
2550 MARIPOSA MALL
SUITE 2016
FRESNO. CA 93721
(209) 264-3078
901 TOWER WAY
SUITE 202
BAKERSFIELD, CA 93309
(805) 323-0442
November 15, 1995
Alan Tandy
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Alan:
C��x.Ctf.o�xx�Y�x �5t�x�� �.ex���.e
SENATOR
J I M COSTA
SIXTEENTH SENATORIAL DISTRICT
�—�
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. ; ���:
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• �';�� .
•
COMMITTEES:
CHAIRMAN
COMMITTEE ON
AGRICULTURE & WATER
RESOURCES
MEMBER
BUDGET & FISCAL REVIEW
FINANCE, INVESTMENT &
INTERNATIONAL TRADE
HOUSING AND LAND USE
PUBLIC EMPLOYMENT &
RETIREMENT
CALIFORNIA WORLD
TRADE COMMISSION
Thank you for your letter on behalf of the City of Bakersfield expressing support for SB 602
(Wright), which would allow use tax revenue generated by new car leases to be allocated directly
to the locality in which the dealership is located.
I agree with your sentiments and voted for this measure when it came to the Senate for
consideration. I was pleased when SB 602 passed the Legislature and was signed into law by the
Governor as Chapter 676 of the 1995 Statutes.
I appreciate learning of your views and hope you will continue to keep me informed of your
concerns on state-related matters.
S' cerel ,
�
COS A
Member of the Senate
16th District
JC:pc
�lOV ? �71995
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TEL N0:916 323-3749 �303 P01 ,.,.�.,..._,.
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pffice �af Intergov�r�nmental Affaire�,140� '�'enth Street,
S�cramenta. CA 95$14 (91�) 323-5446
FAK (416) 3�3-3749
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Unt�e: 11/27/95 Facsi:nil� Phone Number.
T�;_ City Managers and County"Administrative,Officers � .-
At;,,_�� __ , . � --
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Number of Fages tfncluding this cover page): �
"apai�llnstructions. please distribute as �appropriate.
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11/27/95 18:11:48 ->
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TEL N0:916 323-3749 #303 P02
Russe{f S. Gould, birector
Cailtamia Department of Finance Ncvember 1996
� EC�JC�Oit11C �I t��,t�
� � �
■ The �ate's unempioyment raie reglstered 7.8 percent�En QCtObOr—the Same levsl a$ Au�ust—sfter
bouncinp down to 7.2 percent In September. Th�r pumber Of job18s9 hA5 fallan by 273,000 pver 1he
last year. In tutuna months, the Bureau ot Labor StatisGCS will he Caiculating clvillan employmertt
and unemploym�ent bssed upon admin�strailve r�oords—such as unemployment Inaurenca c�aims
and nonagrlculturai emptoyment dat�--rather than the amalt suroey of households currently in use.
Thi� mave should reduce ihe votaUtity In the state's unemployment r'ate end improve comparabillty
wlth other �mployment dete; howeyer It w{II delay release ef the data by iaurwee�css.
■ A sep�rate federal survay of employers indlcates that 4Ctobel' rlorlfarm wege and salery employ-
m8nt wes tlown or tfttie chan9ed for most ptivate-sector emptayment oatapor9es from Sepiember
leveis. The we+�k showing fotthe month �ppeara quest(onable plven the �rowth In personal lnoome
tax wlihholdlnp for Septemher. Preliminary Interim emptayment astEm�t� hased on emplayers'
second-quarter payrofl r�po�t� shvw 3 peicent more Jobs now than las# year at thts tlms. Even this
solld �rowth caul0 De revisetl upward when flnal payroti �eports are recelv�ef, gNen the exper98nce
in State rovenue aolle�tlons.
, a, ...�__
■ Gonsumer spending in California continued �,�,� �,�,,, E�
t0 steadlly advanee In AuguBt, the (atest ,,,,m ��n.1N0 Tbrouph tept� liir
momh fo� whlCh data are availeble. August
retail sales rose 6.2 percent on a year-aver-
year basis, aatordlnp io the' U.S. Depert- '�'0°
ment oi Commer+ce. Cansumptian ef.bip:: ...
uckec, durable items, fueled by pent-up ,,,,�,
demand trom the recent r�ecesslon, !s now.
laedtnfl $rowtll� S�ales of goods.lastin8 .' . : .. :
thnx ycars vr mor� are runnlnp 7.3 t�rcent "�'°0
ahead of last year through iho ffrst eight ,.
months of the y+�ar, with Aupust up over:l0 �. ,�s,oao
peroent. ' ' , � . , .. �o �+ n n « w
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■ Aula salas In the stale Cllmbed �14:4 perae�tt :�: •
on a year-over-year basls In September, btin0inq the monthly totat fo its hlghest level in almost #ive
years. rres surge brougnt ene yean�tadate g�dr� to z.2 peroeM.
■ Hou�in0 romains ln the doklrums. After pick�na up in July end Au�ast from ea�ler depressed level6,
new houstng atarls fell 6ack to an 89,dOD-unli annusl rate in Sep�embe� At thEs paoe, Insuffident
new homes are being can�rud�d to reptace units lost to demol�lon and abendonment. 6imileriy,
exlstinp home seles have been weak. Although level9 have improve� since the spri�, Au�ust sales
were �1�12 pernent betow the qe�t=earEieP,p�Ce, d�spite e drop fn mp�tgaga raias of'�3 to'H per�eni.
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11/27/95 18:13:82 -> Bakersfield Page 683
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R�port
�
Oeneral Fund a�enq cesh for October wa9 �14� million ebove lhe Budget Aot foreoast of �2�64D
mllilon, brinpinp ihe yeaRte-eiate caah receipts to �676 mlillon above ioreoast. Muah ot ffie strangth
yea� te-date eppeers to be on-poing, ss eatimeted peyments in ths pe�sonal Inoome and b�nk and
�1'pbrAtlon t8uces were w�9u above
iafecast In $eplember.
■ Per�sonal incame tax revelpt� were
�37 mtlifon above the marnh`�
fotecast cf �1.318 million, bnn0in�
the year•tadate pain to �Y81 millian.
Mlacella�aous paym�nt� �unted
for alm�st all vt thts �eln and wit1�-
hoidir� and ratund� wero dose iv
forscastfarthe month,
■ The bank 8� corporatlan iax was
�27 million above ihe monEh's '' �� � � �'
tarecsst oi �200 milllon. Rec�ipts
wsra �34 mfllion above the foracast
arM refunds were $7 mEtllvn above :
iha (ore�ast, The year-to�iate galn
%r thf9 tax Is 5182 mlilion. �
■ S�lea and use tax rec�Epts were ffi82 mllllan above the monih's lareaast of �BBB mlllian. Year-to-
date, s�les tax recelpts are �151 mllllon above ihe Budpet Aat torecsst. Appro�dmetely �5D milflon
at the year-to-date geln !s ettributabis to Aerospacs � 57ate Bo�+ei af.Equalttation refunds, wttich
he�e been delsye�d. TAe bstance appears ta have been oTfset in eahy Novemb�r, when nnal
paymer�t reGalpta fvr tht�l quaKer taxable sales are recetved.
�. . .
■ Mlscsllaneous receipts were �27 mllllon above the month's foreoas3 of �186 mlilion. Year-to-dete,
these racalpts are �62 mfllion above the 8udpet Aat foreoast. 7nls everage 13 due to screngch In
estate tax payrriants, whlch,are �100 mliilon a6ave the year-to-dele farecesc.
Rswnu� Soure�
Pbnanthoaw
8al�s 8 l��
e�ruc � caaontan
r,su�.�o.
a�
Abanefo eovarqas
Pbobb Mo�y It19�Nt
7bb�cw
tbne Realnp
OlMr
, !oY&96CompulsonofAeWN�ndFer«aM�tA�enojrOsnervFundR�wnu�s
' p (dolhr�ln mpAap��
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Ror�nat �^.:A�tuad Chanpe� ;;, Oh�n�� . � Fo�K#st Actutl G�rnp*
�, a � I
i�.�tie � s�.�e : as►; z.as I �s.� is.se2 �at
a�e 8p4 ' ;Q. ` J,8l6 � 4,�94 4.50'3 151
200 171 � 27' 13.Bf6 { 1A90 1.812 182
z' • s �< 3ao.tm t zsa ze4 -ae
d2 ', dT ; S� . 11.9K ( 18S . 29$ 1W
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Z4. ;. , 73 R �I ;.4,2'X � 61 03 .1
34 ` ':W , 3. . S.77i � id �p �
14' ` 15 1. 7�77i � Ob 69 1
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70 81 11 14.776 � 24i 241 12
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6916
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��i az.sao az,raa ,Eia� , s.�� � sys�o a�3,tae sere e,��e
i. ., ,. � .t;�i.
Yh4 k �n �pencY caeh roport and t!a deho rtey:�ffifar �►en+1M 0o1iC0101"e repoR to Ih� �ftdnt aiat Ot:p f909N9a Ey �p�mNs
has not y�t ban nportad �o fho Oonvolbr: braept for'othir nwrwa, r�vmuas arg �tlogd qt tlao��Whp ord�r of tbe�l yau� nrg�Ndwe.
Topp1� 1Npy tlot add due b ioindhfp. Thr for�aal a tran tho N6q F�vMrbn upddid for th� 1895 Budpet Act
:fq , ,i
For mvre Inbrmafbn, pleaeo contact #�e CaAt�ornis Departrriem at PlnanCV, Rm �1146, 5tate Capaol, Sacramenb, CA or call (�1ej 32s-ae4e.
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Bakers� eld Fire Dept.
CONSOIiDATED MONTHLY REPORT
Page 1
FOR THE MONTH OF__ .� ,19 �
This This Last
CLASSIFICATION OF ALARMS Month Monih Month Year Year
Last Year to Date to Date
HOW ALARMS WERE RECEIVED:
TOTAL ALARMS 1503 1375 1279 14 125.; 12 566
FIRES:
Fre Explosion Not Classified 10-19 6 5 5 47 41
Structure Flre � t 28 24 25 259 261
Mobile Property Used as a Siructure 12 - 1 2 3 3
Mobile Property Inside Structure 13 - 4 1 9 9
Mobile Properfy Outside 14 � � 2� �
Trees, Bush, Grass 15
Refuse Fre 16
Other Ouside Fres 17
TOTAL FIRES
CALLS OTHER THAN FIRES:
Overpressure, Explosion (no fire) 20's 10 5 3 60 77
Medical Cali 3p's
Rescue Call 35
Miscellaneous Medical 30-39 6 2 5 37 �
Hazardous Condition 40's ��
Public Service SO's 4 851
Good Intent Call bo�s 4171 3605
False Call 70's � r� �
Nafural Disoster 80's - - 3 4
Not Classified 00-90's
TOTAL CALLS OTHER THAN FIRES
TOTAL EMERGENCIES
DIRECT FIRE LOSS This This Month This Year Last Year
Month Last Year to Date to Date
Fre Loss (Best Fgures to Date) 711 700 199 000 5 327 265 4 125 305
PERSONS KILLED BY FIRE:
Civilian N A N A N A N A
�irefighters _
PERSONS INJURED:
Civilian N q N A
Firefi hters
Additional data used in INDEX FIGURES: Population 2�,� valuaiion of Real Estaie, correcied to irue
value b—El, 213, 276, 886 Buildings in City 59, 711 Building permits issued ��+ ��� 2
NOTE: Building Fres and Losses only are used in INDEX FIGURES and LOSS BY SIZE OF FIRE.
, STRUCTURE IOSS SY SIZE OF FIRE
Over � 50,000
b 1.000 - b 49,999
Less than 5 1,000
No loss
TOTAL
Page 2
This Month This Year to Date Last Year to Date
Fres losses Fres losses 96 of Fres 96 of Loss 96 of Fres 96 of Loss
VEHICLE LOSS 6Y SIZE Of FIRE This Month This Year to Daie Last Year to Date
Fres losses Fres Losses 96 of Fres 96 of loss � of Fres 96 of Loss
over 25,000 - - 4 220 -000 1.47 25.46 - -
t.000- 2a.9� 14 52 200 159 610 765 58.46 70.67 54.11 76.74
�ess than 1,000 10 5 050 84 33 435 30. 88 3. 87 36.71 23. 26
No �oss 4 - 25 - 9.19 - 9.18 -
TOTAL 28 57 250 272 864 200 100.00 100.00 100.00 100.00
�
No. of This Year to Date Last Year to Date
• CAUSES OF FIRES IN BUIIDINGS ��e5 No. of 4b of No. of Y6 of
this Fres Loss (Best Fgure) Total Fres Loss (Best Figure) Total
Month Loss Loss
�. outside Fres o's 2 34 1 541 485 28.94 26 920 870 ?2.32
2. Spark from Cutting/Welding Torch 11-12 6 34 853 575 16.02 28 23.3 660 5.18
3. Heai/Spark from Natural
Gas/LP/Liquid Fueled Equipment 13-19 3 27 893 830 16.78 18 187 650 4.55
4. Chimney (Spark/Heat) 21,22 5 49 3:39 970 6.38 39 226 025 5.48
5. Heat/Spark Coal/Solid Fuel 23-20 - - - - - - -
6. Electrical Short 31-36 1 y3 132 7pp 2,q9 17 98 700 2,39
7. Defective Electrical Equipment 37-30 - 4 1� .�2 7 35 700 .87
8. Heat from Hot Object 40's "2 1,Q 46 5QQ ,$7 12 63 55� 1,54
9. Munitions/Explosives 51-53,ss,s9,so 4 32 364 100 6.83 34 341 500 8.28
10. Freworks 54 - 2 2 ppp , Q4 5 800 , 02
11. Incendiary Device 56 1 7 25 600 .48 2 9 600 .23
12. Open Fres (cigarettes, matches) 60's - 4 152 500 2.86 4 4 300 .10
l3. Natural Source 7o's 2 17 202 600 3.80 28 233 100 5.65
14. From other Fre 80's - 1 4 000 .08 2 4 600 .11
15. Other ' 90's 2 27 767 405 14.41 � 1 785 250 43.28
TOTAL BUILDING FIRES 28 261 5 327 265 .� 264 4 125 305 1�.�
' � Page 3
HOW All FIRES WERE CONTROLLED This Month This Year Last Year
' to Date to Date
Self Extinguished 1 26 26
Makeshift Aids 2 5
Portable Extingusher 3 - 9 25
Automatic Extinguishing System 4 3 6 1
water Carrie,d on Apparatus 5 8 102 101
Water from Hydrant, Draff, Standpipe 6 10 57 41
Water from Tanker Shuttle 7 - - -
Ground Crew/Air Suppo�t 8 - - -
Undetermined/Not Reported 9/10 - 8 14
TOTAL FIRES 28 261 264
MISCELLANEOUS WORK This This Year Last Year
Month to Date to Date
New hydrants
installed '
Hydrants painted
Hydrants repaired
PERSONNEL DATA This Last Month CHANGES: This This Year Last Year
Month Month Last Year Month to Date to Date
MANPOWER: Appointment 1
Total personnel at end of month � � � Resignations ]
Total Days lost for sickness 74.924 47.770 63.5$ Retirements 1
Total days lost for injury 16,083 _ � j,� Dismissals
Average daily absences 2.417 1.592 2.79 Deaths
Smallest fighting force on duty Q$ Q$ 45 Promotions
Largesl fightin force on duty Demotions
This Year to Dote Last Year to Date
INSPECTION BY RE�UEST ONLY Total No.of Fre Totol No.of Fre
Inspections Fres Loss Inspections Fres Loss
Residential 590 542 211 2 549 525
This Year to Date Last Year to Date
REGULARLY INSPECTED OCCUPANCIES Total No.of Fre Total No.of Fre
Inspections Fres Loss Inspecfions Fres Loss
Exclude aparfinents, houses, private garages,
and incendiary fires gr� p g� � r,�5g 53 1 575 780
, Page 4
This Year to Date Last Yeor to Date
INSPECTIONS, fIRES AND IOSSES 611 OCCUPANCIES Inspections �res Losses Inspections �res Losses
' Eng. FSC Eng. FSC
OCCUPANCY OF BUILDING
A. Fiammable Liquids
1. Bulk Stora e 13 1 - - 13 4 - -
2. D cleanin lants 10 - - - 14 - - -
3. Hammable finishes 10 7 - - 12 12 - -
4. Oii bumin E ui ment 1 - - - - - - -
5. Service Stations 31 4 - - 42 5 - -
6. Under round Installation 11 2 - - 9 6 - -
7. Trans orfation 3 2 - - 8 - - -
8. Other fiammable li uids 5 2 - - 8 4 - -
B. Special Hazards
1. Combustible fibers 3 - - - - 4 - -
2. Hazardous dust 1 - - - 1 7 - -
3. Ex losives ' 2 45 - - 14 15 - -
4. Re air ara es 149 6 2 8 000 99 11 1 50
5. Tire reca in lant � - - - � - - '
6. Hazardous chemicals 171 - - - 161 2 - -
7. Hazordous lastics 27 - - - 2 - - -
8. lumber Yards 10 3 - -' 3 4 - -
9. Woodwoiicin lants � - - - � � - -
10. Metal rocess � - - - 9 1 - -
11. Radioactive materiai 2 - - - 3 - - -
C. Miscelianeous Hazards
l. SoGd fuel and oshes - 1 - - •1 - - -
2. Incinerators - 1 - - - - - -
3. Railroads - - - - 3 - - -
4. Junk stora e 2 2 - - 4 27 - -
5. Generai stora e 14 1 2 55 000 9 17 4 18 000
6. Wholesale houses 27 5 - - 22 8 - -
7. weldin and cuttin 19 1 3 23 000 14 10 - -
8. Restaurants 187 44 1 350 000 183 60 3 1 300
9. warehouse 52 25 - - 36 47 1 -
10. Oilwells/Tank faciliiies - 1 - - - 1 - -
D. Flammable or compressed gas
1. Liquid petroleum gas 6 12 - - 1 19 - -
2. Com ressed as 23 3 - - 27 8 - -
3. Other flammable as 2 2 - - 1 10 - -
4 .Trans ortation 2 - - - 2 1 - -
E. Supplemenial Fire Prevention Activities
t. scnools 8 87 3 1 300 7 189 2 50
2. Hos ita�s 6 23 2 5 025 14 79 - -
3. Rest Homes 11 12 - - 2 21 - -
4. 24 hr. Child-Adult Care 2 168 2 - 1 1$7 1 -
5. Da Care Nurseries 13 50 - - 4 85 - -
6. Jails - - 1 2 - -
7. Churches 53 11 1 20C1 43 32 2 30 250
8. Hotels 13 25 - - 22 7 - -
9. Theoters ' 4 14 - - 7 19 1 200
10. Auditoriums 4 17 - - 2 30 - -
11. G mnasiums 8 2 - - 8 7 - -
12. Public Assembl 17 97 2 50 11001 22 264 1 -
13. Game Rooms 1 1 - - 10 12 - -
14. Mortuaries - ' - - - 1 - -
15. Like Occupancies � 2 - - 9 9 - -
"INSPECTIONS BY OCCUPANCY" CONT.' ON NEXT PAGE
�,
• � Page 5
�
FOLLOW-UP ON INSPECTIONS AND OTHER FIRE PREVENTION WORK This Month Last Month This Year to Date lost Year to Dat
Fre FSC Fre FSC Fre FSC Fre FSC
NUMBER OF CASES IN WHICH THE FOLLOWING WORK WAS
DONE: � �
Inspections � �7 2� � � ��8 2� �``�
Complaints received 7 1 11 7 179 354 174 270
violations found 29� � 10 35 62 396 509 388 457
Notice of �olation 28 8 25 3 283 463 258 557
violation corrected - 21 - 9 - 362 - 348
Items reffered to other departments 2 1 2 - 44 36 26 63
Total reinspections 20 15 32 16 242 421 293 409
Extensions of Time 1 2 9 - 52 36 56 62
Fire-Arson-investigafions - 73 - 64 — - - �06
False alarm investigations — — — — — — — 2
Arrests made — % — — ' � — �
Court actions - 3 - - - 26 - 37
weed abatement 9 - 6 - 311 1318 251 1584
Fre drilis supervised — 79 — — — 126 — �
Talk or lectures 29 2 6 1 113 18 �5 `.�
Total audience � � � �` � � `� �
stake out - - - - - 4 - 3
special inspections 10 3 4 6 53 86 676 z35 .
Office time �reports, etc.) � - 274 - 212 - 1773 - 2828
Meetings attended 26 53 18 56 164 630 114 953
Demonstrations 13 1 2 - 70 2 96 8
Photographs taken — 343 237 - 1916 - 1155
�
Page 6
• This Last This Last
INVESTIGATION Of FIRES Month Month Year Year
to Date to Date
TOTAL FIRES INVESTIGATED � 2i 1S 17
�etermined accidental 9 5 65 51
Under investigation 11 18 140 80
Undetermined 1 1 12 12
Incendiary 13 12 124 106
INCENDIARY FIRE:
Fires for which arrests were made 2 - 1� 38
Number of arrests 3 - 23 64
Cases in which convictions were secured - - 6 22
Number of convictions - - 5 31
FALSE ALARMS:
Alarms for which aRests were made - - - -
Cases in which convictions were secured - - - -
MISDEMEANORS (in connection with fires)
Convictions � ' - - -
REMARKS ON INVESTIGATION WORK
COIAIS@l. & f�2�SE - - 4 �
COIR't �CPS ' - 1 � �
!r
Page 7
WORK OF FIRE COMPANIES
ENGINE COMPANY No. Number
of Runs
Engine 1 166
Truck 1 78
Patrol 1 103
Engine 2 178
Engine 3 � 91
Engine 4 149
Engine 5 237
Engine 6 2�
Patrol 6 123
Engine 7 171
Tr�ck 7 $5
Patrol 7 152
Engine 8 132
Patrol 8 93
En ine 9 $3
Engine 11 97
Haz-Mat 11 •
Engine 13 �
6
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California Cities
Work Together
November 1995
League of California Cities
1400 K STREET • SACRAMENTO, CA 95814 •(916) 658-8200
TO: CITY MANAGERS - FOR THE ATTENTION OF MAYORS, COUNCIL
MEMBERS, CITY ATTORNEYS, AND OTHER APPROPRIATE CITY
OFFICIALS
Attached are the resolutions adopted at the 97th League Annual Conference held in San
Francisco, October 22-24, 1995. These resolutions represent the culmination of a year-long
development and review process by the policy committees, individual cities, and League
divisions and departments throughout the state. The process was open, affording literally
hundreds of city officials the opportunity to participate directly. We genuinely appreciate your
involvement.
The resolutions process becomes meaningless unless every effort is made to implement the
resolutions in the spirit in which they were approved. The League's Board of Directors,
divisions, departments, policy committees, and individual city officials will be asked throughout
the coming year to develop and support federal, state, and local actions to implement these
policies. For your information, a summary is enclosed that updates the status of resolutions
adopted at the 1994 Annual Conference in Long Beach.
Thank you for your continued support.
Sedalia Sanders
President, League of California Cities
Mayor Pro Tem, El Centro
Don Benninghoven
Executive Director
'�'�l' ? � I��S
S H A R 1 1�
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RESOLUTIONS ADOPTED
97th ANNUAL CONFERENCE
SAN FRANCISCO, CA
OCTOBER 24,1995
FINAL REPORT ON RESOLUTIONS
The Annual Conference was held in San Francisco on October 22-24, 1995. The General
Resolutions Committee met on Monday, October 23, in San Francisco and considered 28 of the
29 resolutions submitted. Resolution # 20 was withdrawn by its sponsor prior to the
commencement of the General Resolutions Committee meeting.
Of the 28 resolutions, 16 were forwarded to the General Assembly for adoption. Four
resolutions were referred to the Board of Directors of the League for assignment to appropriate
committees for further study. Resolutions were referred to the Board in those cases in which
there was insufficient information available to enable the committee to approve or disapprove the
resolutions on their merit, or for which further study and review was felt appropriate. Failure of
the General Resolutions Committee to recommend adoption of these resolutions by the General
Assembly does not mean that they will not receive further consideration or be approved at a later
date. Six petitioned resolutions qualified for consideration at this Conference, and were
numbered 30-35. These were also forwarded to the General Assembly with recommendations by
the General Resolutions Committee.
The General Assembly approved the recommendations of the General Resolutions Committee on
all resolutions except #5 and 32. Resolution #5 was disapproved, and #32 was approved.
The resolutions adopted and reproduced here represent the policy direction that the organization
will take for 1996 and beyond. Many positions were overwhelming majorities, others were not.
However, consensus was achieved through a deliberate and open process. We wish to sincerely
thank all city officials who served as members of policy committees, the General Resolutions
Committee, and the official voting delegates of the member cities who participated in the
development of these policies.
�
HISTORY OF RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned. Please
note some resolutions may have been assigned to more than one committee. These resolutions
are noted by this sign (�).
KEY TO REVIEWING BODIES
1. Policy Committee - Preliminary
2. Policy Committee - Final
3. General Resolutions Committee
4. General Assembly
Action Footnotes
* Subject matter covered in another resolution
** Policy Committee will make final
recommendation at October 21 meeting
* * * Existing League policy
KEY TO ACTIONS TAKEN
A - Approve
D - Disapprove
N - No Action
R- Refer to appropriate policy committee
for study
a - Amend
Aa - Approve as amended
Aaa - Approve with additional amendment(s)
Ra - Amend and refer as amended to
appropriate policy committee for study
**** Local authority presently exists Raa - Additional amendments and refer
Da - Amend (for clarity or brevity) and
Disapprove
Na - Amend (for clarity or brevity) and take
No Action
W - Withdrawn by sponsor
[Note: Only those resolutions with an approve
recommendation from the General Resolutions
Committee and all qualified petitioned
resolutions are reported on the floor of the
General Assembly.]
Number Key Word Index Reviewing Bodv Action
COMMITTEE ON ADMINISTRATIVE SERVICES
1 2 3 4
1 Immunity for Building Safety Ofiicials Who Are
Independent Contractors R R R R
2 Land Movement Liability A A Aa A
3 Judicial Elections R A A A
4 Policy Development Procedures Aa Aa Aa A
5 Petition Resolutions; Bylaws Amendment A A A D
6 Creation of New Divisions; Bylaws Amendment Aa Aa A A
COMMITTEE ON COMMUNITY SERVICES
1 2 3 4
7 Gang Suppression Funding Aa Aa A A
COMMITTEE ON EMPLOYEE RELATIONS
8 � PERS Part-Time Employee Policies
♦ 9 Employment Training
1 2
�A A
COMMITTEE ON ENVIRONMENTAL OUALITY
0
0
0
�
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1 2 3 4
10 Administration of Environmental and Health Laws D Da D D
COMMITTEE ON HOUSING COMMUNITY AND ECONOMIC DEVELOPMENT
1 2 3 4
♦ 9 Employment Training A A A A
11 Residential Care Facilities Aa Aa Aa A
12 Regional Representation on LAFCO N N N N
13 Community Development Block Grant and HOME
Program Funding A A A A
14 Local Redevelopment Participation in Closure Clean-
Up and Reuse of Military Bases Aa N R R
15 Redevelopment Authority Ra Aa A A
3
Number Key Word Index Reviewins Bodv Action
� COMMITTEE ON PUBLIC SAFETY
1 2 3
16 Use of Photo-Radar Equipment Aa Aa A
17 Jury Selection System D D D
18 Federal Drug Interdiction N N N
19 Parole of Violent Offenders A A Aa
20 Domestic Violence W W w
21 The Need to Better Regulate Firearms Aa Ra R
COMMITTEE ON REVENUE AND TAXATION
1
22 Possessory Interest Tax - Aa
23 Sales Tax Redistribution D
24 Reallocation of Trafiic Fines Aa
25 Local Government Revenue Sources D
26 Contract with California R
0
�s�"
Q
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Q
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COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS
1 2
27 Tax on Gasoline and Petroleum Products for
Transportation Purposes
28 At-Grade Railroad Crossings
29 Antelope and San Joaquin Valleys High Speed Rail
Route
��i
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0
0
0
0
Q
�
0
0
0
0
0
Q
�
�
0
0
Q
0
�
�
��
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N I N I N I N
RESOLUTIONS INITIATED BY PETITION
Resolution General
Committee Assembly
Recommendation Action
4
ADOPTED ANNUAL CONFERENCE RESOLUTIONS
Resolutions Referred to Committee on Administrative Services
2. RESOLUTION RELATING TO LAND MOVEMENT LIABILITY
Source: Los Angeles County Division
Referred to: Administrative Services Policy Committee
WHEREAS, cities and counties have a duty to issue building permits and tract approvals
unless well documented evidence can be produced to deny them; and
WHEREAS, cities and counties issue these building permits based upon a diligent review
of the facts, including geologic conditions; and
WHEREAS, cities and counties make the decision to issue building permits based upon the
best geological information available at the time; and
WHEREAS, existing law already provides certain immunities to public entities regarding
the issuance of land use and development permits; and
WHEREAS, despite the good efforts to employ the best practices available, cities and
counties have become the target of suits resulting from permits issued in areas where subsidence
and land movement has occurred; and
WHEREAS, lawsuits totaling in the hundreds of millions of dollars have been filed against
cities and counties because subsidence and land movement has occurred; and
WHEREAS, these lawsuits have siphoned off scarce funds from city and county coffers and
have resulted in reduction of services to the public at large; and
WHEREAS, the landowner/permittee is essentially "insured" by the public entity against
any untoward geologic or soils event by virtue of their almost certain ability to recover in a lawsuit
while the public entity cannot share in the profits if the endeavor is successful; and
WHEREAS, liability insurance for subsidence and land movement is not available to cities
or counties thus leaving them completely exposed to the whims of a jury consoling a bereft
plaintiff; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League support legislation that
will severely limit the financial recovery available for geologic incidents and statutorily protect the
validity of Geologic/Soils Hold Harmless Agreements.
3. RESOLUTION RELATING TO JUDICIAL ELECTIONS
Source: Orange County Division
Referred to: Administrative Services Policy Committee
WHEREAS, Justices of the Supreme Court are appointed by the Governor and must be
affirmed by the electorate of the State of California at the first gubernatorial election following
their appointment in order to continue in office, and are thereafter subject to reaffirmation by the
statewide electorate for 12-year terms; and
WHEREAS, Justices of the Courts of Appeals are appointed by the Governor and must
be affirmed by the electorate of the respective judicial districts in which they serve at the first
gubernatorial election following their appointment in order to continue in office, and are
thereafter subject to reaffirmation by the district electorate for 12-year terms; and
WHEREAS, Judges of the Superior, Municipal, and Justice Courts are elected to office
for six-year terms by the electorate of their respective counties and judicial districts, vacancies
being filled by the Governor in the case of Superior Court and Municipal Court judges and, in
the case of Justice Courts, by the board of supervisors of the county in which the Justice Court is
located; and
WHEREAS, little or no information is available to voters concerning the incumbent's
biographical, professional, or legal background, or years of judicial experience; and
WHEREAS, the public interest would be served by providing the electorate such
information either in the form of a ballot statement or other qualifying information; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League refer this issue to the
appropriate policy committee in order to examine this issue and develop policy or legislative
direction to support the efforts of the Secretary of State to provide background information in
judicial elections, and be it further
RESOLVED, that the League, through its policy committee, further address the issue of
requiring either a ballot statement or other qualifying information relative to the incumbents'
biographical, professional, or legal background, in addition to the year (or gubernatorial
administration) of appointment and/or elevation.
**********
�
4. RESOLUTION RELATING TO POLICY DEVELOPMENT PROCEDURES
Sourc : Los Angeles County Division
Referred to: Administrative Services Policy Committee
WHEREAS, the Bylaws of the League of California Cities are silent on the issue of
general assembly quorums, thus allowing the adoption of League policy by a consensus of voting
members representing significantly less than a majority of the League member cities; and
WHEREAS, policies adopted by the League should reflect the views of a majority of its
member cities; and
WHEREAS, current procedures do not always allow adequate feedback on some issues
from the League departments and divisions prior to consideration of those issues by the League
policy committees; and
WHEREAS, the League Annual Conference resolutions process enables the general
membership to achieve a variety of aims, including modification or reversal of existing policy;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League modify its policy
development process as follows:
. 1. Adopt procedural changes ensuring that Annual Conference resolutions are
determined by a majority of a quorum of voting delegates representing the member cities
attending the Annual Conference. A quorum shall be defined as a simple majority of delegates
representing the total number of inember cities attending the Annual Conference.
2. When it appears that a quorum does not exist, the chair may be required to ensure that
appropriate representation of cities is present before business is conducted.
3. Take all reasonable steps necessary to ensure that League policy committee members
receive agendas and background information on general policy issues in a timely manner to
enable department and division representatives to seek and receive feedback from their respective
members prior to committee meetings.
**********
7
6. RESOLUTION RELATING TO CREATION OF NEW DIVISIONS; BYLAWS
AMENDMENT
Source: Inland Empire Division
Referred to: Administrative Services Policy Committee
WHEREAS, an important purpose of regional divisions of the League of California Cities
is to represent geographical areas, foster participation in the League, exchange information
among city officials, and provide training opportunities; and
WHEREAS, the cities located in the Inland Empire Valley and Riverside County regions
of Southern California share a wide range of mutual interests unique to their respective regions;
and
WHEREAS, the cities located in San Bernardino County, exclusive of the existing
Desert-Mountain Division, and the cities located in Riverside County believe their interest and
the interests of the League of California Cities would be better served by the formation of two
separate divisions of the League; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League dissolve the current
Inland Empire Division and create two separate divisions, namely, the Inland Empire Division
and the Riverside County Division, by amending its Bylaws as follows:
ARTICLE IV - BOARD OF DIRECTORS
Section 2. Staggered Terms.
The terms of the Directors shall be staggered, so that the terms of approximately
one-half of the members of the Board shall expire each year. The terms of the Directors
from the departments of Fiscal Officers, Public Works Officers, Mayors and Council
Members, Planning and Community Development, Fire Chiefs, City Clerks and the
following regional divisions: Central Valley, Imperial County, Inland Empire, Monterey
Bay, North Bay, Redwood Empire, Sacramento Valley and San Diego County shall
expire in the even-numbered years; and the terms of the Directors in the departments of
City Attorneys, City Manager, Police Chiefs, Recreation, Parks and Community Services,
Personnel and Employee Relations and the following regional divisions: Channel
Counties, , Desert Mountain, East Bay, Los Angeles County, Orange County, Peninsula,
Riverside County_, and South San Joaquin Valley shall expire in the odd-numbered years.
:
ARTICLE V - REGIONAL DIVISIONS
Section 1. Regional Divisions.
There shall be formed within the League of California Cities the following
regional divisions: Central Valley, Channel Counties, Inland Empire, Desert-Mountain,
East Bay, Imperial County, Los Angeles County, Monterey Bay, North Bay, Orange
County, Peninsula, Redwood Empire, Riverside County, Sacramento Valley, San Diego
County and South San Joaquin Valley, and such additional regional divisions as may be
formed from time to time and approved by the Board of Directors.
**********
Resolutions Referred to Committee on Community Services
7. RESOLUTION RELATING TO GANG SUPPRESSION FUNDING
Source: Community Services Policy Committee and Recreation, Parks and
Community Services Department
Referred to: Community Services Policy Committee
WHEREAS, the state, as well as many cities, have made curtailing the spread of gang
involvement by youth a priority; and
WHEREAS, public parks, recreation, libraries, and community services departments have
traditionally offered programs and activities that have prevented or diverted children and youth
from involvement in gangs; and
WHEREAS, the League of California Cities, through its Investing In Our Youth Task
Force, has recognized the critical role that public parks, recreation, libraries, community services,
and youth crime prevention/diversion programs can provide in assisting young people; and
WHEREAS, the California Penal Code, Chapter 3.5 Gang Violence Suppression, Section
13826.6 enables the State Office of Criminal Justice Planning (OCJP) to grant financial and
technical assistance for district attorney's offices, local law enforcement agencies, county
probation departments, school districts, county offices of education, and community-based
organizations to suppress gang activity; and
WHEREAS, public parks, recreation, libraries, and community services departments are
excluded from directly applying for financial and technical assistance under this program
although they play a similar role in gang suppression as those organizations defined in California
Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6; and �
E
WHEREAS, public parks, recreation, libraries, and community services departments
should be eligible to apply for this assistance and therefore should be included in California
Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League sponsor legislation to
amend California Penal Code, Chapter 3.5 Gang Violence Suppression, Section 13826.6 to
include the role of public parks, recreation, libraries, and community services departments,
allowing these agencies to be eligible to seek financial and technical assistance to support gang
suppression activities.
**********
Resolutions Referred to Committee on Emplovee Relations
8. RESOLUTION RELATING TO PERS PART-TIME EMPLOYEE POLICIES
S urce: City of Lakewood
Referred to: Employee Relations Policy Committee
WHEREAS, a hallmark of local self-government is the home rule authority of cities and
counties to conduct employee relations without interference from other governmental entities;
and
WHEREAS, this ability is undermined by unfunded state mandates and state actions that
impair contracts and memoranda of understanding; and
WHEREAS, cities must design and implement alternative service delivery mechanisms to
reconcile public service needs with available revenues; and
WHEREAS, cities employ part-time workers to provide a myriad of municipal services
and appropriately base part-time compensation and benefits on local conditions. However, all
part-time employees have been covered by a federally-qualified pension system since 1991; and
WHEREAS, the Board of Administration of the Public Employees' Retirement System
(PERS) successfully sponsored SB 53 in 1993 to financially penalize local agencies that do not
"enroll" part-time employees in PERS if the part-time employees work 1,000 or more hours in
any year or if they have ever been members of PERS and have funds on deposit; and
WHEREAS, members of the PERS staff have sought to interpret state law and PERS
policies to allow PERS to unilaterally void existing contract exemptions in PERS contracts that
have allowed hundreds of cities to withhold PERS membership and full benefits; and
10
,
WHEREAS, PERS has initiated an aggressive field auditing program to identify and
penalize local PERS contracting agencies that do not comply with the unfunded PERS part-time
mandate despite the existence of contract provisions between local agencies and PERS
exempting part-time, hourly compensated or seasonal employees; and
WHEREAS, the 1,000-hour rule and accompanying policies disproportionately impact
and jeopardize the survival of municipal programs dependent on part-time employees, including
recreation, child care, library, paratransit programs; and
WHEREAS, compliance with the 1,000-hour rule will not only have fiscal and service
delivery consequences but also create severe hardship on existing part-time employees who may
be laid off or have their hourly rate or employment hours severely adjusted; and
WHEREAS, PERS only now recognizes that the so-called 1,000-hour rule has signiiicant
fiscal impacts on local agencies, including in most cases, employer pickup of pension
contributions and inclusion in PEMHCA medical plans under the same conditions as full-time
employees; and
WHEREAS, PERS has initiated a policy review process of the 1,000-hour rule through
regional outreach meetings and the creation of a problem solving task force including local
agency representatives; and
WHEREAS, the PERS Public Agency Coalition (PERS PAC), which was formed
through League of California Cities' sponsorship, is broadly representing municipal local control
interests in the PERS part-time policy review; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League oppose efforts to
unreasonably restrict the home rule authority of cities to hire, classify and compensate part-time
employees and to mandate that cities enroll such employees in PERS benefit programs.
**********
♦ 9. RESOLUTION RELATING TO EMPLOYMENT TRAINING
Source: City of Sunnyvale
Referred to: Employee Relations Policy Committee and Housing, Community and
Economic Development Policy Committee
WHEREAS, Service Delivery Areas and Private Industry Councils designated under the
Job Training Partnership Act are the national delivery system for employment training services;
and
11
WHEREAS, the public/private partnerships created by Private Industry Councils and
Chief Elected Officials provide local autonomy, flexibility and accountability in developing and
operating employment training programs that address existing and emerging business and
community needs; and
WHEREAS, Private Industry Councils in California have demonstrated for over ten years
their ability to develop effective employment training policies; and
WHEREAS, California's Service Delivery Areas have received national recognition for
their leadership, innovative programs and services, and ability to produce an exemplary return on
the invested resources; and
WHEREAS, employment training resources are a critical component of local economic
development efforts, now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League support:
1. The development and implementation of a coordinated strategy to improve employer
and job seeker access to federal, state and local employment training resources.
2. Federal and state initiatives that augment the comprehensiveness and autonomy of the
locally-operated workforce development system.
3. Capitalizing on the experience and success of the existing job training delivery system
developed through the Job Training Partnership Act by designating the partnership of Private
Industry Councils and Chief Elected Officials to be the leading mechanism for the development
and delivery of employment training services to youths and adults.
4. Increasing the role of Private Industry Councils and Chief Elected Officials in
addressing workforce transition needs, in particular by developing "one-stop shopping" systems
for the employer and the job seeker, by increasing the availability of employment training
resources to serve all residents, and by providing leadership in forging new partnerships with the
other members of the employment and training community.
5. A broader definition of who is eligible for comprehensive employment training
resources, an increase in the service options and strategies available to address local employment
training needs, and the development of accountability systems that further the performance-based
measures employed by the Job Training Partnership Act.
**********
12
Resolutions Referred to Committee on Housing, Community and Economic Develo�ment
♦ 9. RESOLUTION RELATING TO EMPLOYMENT TRAINING
Jointly referred - See Resolution #9 in Employee Relations for recommendations of both
Committees.
**********
11. RESOLUTION RELATING TO RESIDENTIAL CARE FACILITIES
Source: Los Angeles County Division
Referred to: Housing, Community and Economic Development
WHEREAS, residential care facilities serve a need as a home for the care and supervision of
individuals with special needs; such as minors, the elderly, the mentally disordered, recovering drug
addicts or alcoholics, and participants in jail early-release programs; and
WHEREAS, the California State Health and Safety Code specifically exempts residential
care facilities with six or fewer clients from local zoning ordinances and codes; and
WHEREAS, this lack of control limits the city and neighboring residents from having input
as to the location and type of residential care facilities; and
WHEREAS, the proliferation of both regulated and unregulated facilities threatens to
disrupt the integrity of single-family residential neighborhoods and results in an over-concentration
of residential care facilities in certain neighborhoods; and
WHEREAS, local discretionary authority to regulate the spacing between such facilities to
no more than one facility located within two thousand feet of any other residential care facility and
to regulate the m�imum occupancy consistent with existing zoning and density standards would
enable local agencies to fulfill their traditional mandate to protect and preserve the integrity of
residential neighborhoods; and
WHEREAS, the intent is to continue to provide for necessary residential care facilities, such
that local jurisdictions are not hamstrung from facilitating the development of residential care
facilities that provide appropriate services to the community due to lack of guidance from the
Department of Justice; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League on its own and , through
the National League of Cities, support and sponsor federal legislation and seek administrative
guidance from the Department of Justice to permit cities to exercise review and land use regulation
of residential care facilities, specifically the number of facilities located within a specified distance
from one another, and the maximum occupancy load based on existing zoning and density
standards.
13
13. RESOLUTION RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANT
AND HOME PROGRAM FUNDING
Sourc : Los Angeles County Division '
Referred to: Housing, Community and Economic Development Policy Committee
WHEREAS, the current economic recession, combined with the impacts of the civil unrest,
earthquakes, fires, and floods, has crippled the traditional efforts to improve the economy; and
WHEREAS, the number of persons below the poverty line nationwide increased during the
1980's from under 27 million to more than 31 million, and a significant number of families and
individuals have become homeless; and
WHEREAS, difficult economic conditions have affected the lower income families which
often fall apart under the strains of economic survival because of declining incomes, job loss andlor
chronic unemployment, limited affordable housing opportunities, and lack of supportive services;
and
WHEREAS, the cities are in support of reducing the national deficit, but in a thoughtful
way that does not impact severely the needy of our country; and
WHEREAS, there is an ongoing need to continue to support families and individuals in this
country who require help in finding economic opportunities to enhance their skills for self-
sufficiency, to provide affordable housing opportunities for individuals and families, to assist
individuals and families who have become homeless to stabilize their situation, and to assist
individuals needing access to services such as child care, at risk youth programs for teens, elderly
support programs, and many other services that needy individuals require for survival; and
WHEREAS, many California cities have demonstrated concern for the basic well-being of
families and individuals by creating initiatives and by advocating programs that promote self-
sufficiency and economic stabilization; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League support full funding of
the Community Development Block Grant at $4.6 billion and the HOME program at $1.4 billion,
which will help support the families in our communities towards self-sufficiency, continue
affordable housing that is safe for our children, and promote a better economy for our cities.
**********
14
15. RESOLUTION RELATING TO REDEVELOPMENT AUTHORITY
urce: Kurt Hahn, Finance Director, City of Healdsburg; Member, Housing,
Community and Economic Development Subcommittee on Economic Development
Referred to: Housing, Community and Economic Development Policy Committee
WHEREAS, the close of military bases and cutbacks in defense contracting have had a
devastating effect on California's economy; and
WHEREAS, local initiatives to mitigate the impacts of base closures have taken the form
of special legislation site by site extending and providing for expedited procedures for new
project areas under California Redevelopment Law and other incentives; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League support legislation that
broadens and makes uniform existing authority to create new Redevelopment Project area
encompassing (a) closed military bases; (b) materially downsized military bases;
(c) federally-owned defense manufacturing facilities; (d) privately-owned manufacturing
facilities primarily used for defense manufacturing over an extended period that have' been
vacated; (e) other privately-owned support and service facilities devoted to defense industry; and
(� adjacent vacant or underutilized lands.
**********
Resolutions Referred to Committee on Public Safety
16. RESOLUTION RELATING TO USE OF PHOTO-RADAR EQUIPMENT
Source: Dick Spees, Vice Mayor, City of Oakland
Referred to: Public Safety Policy Committee
WHEREAS, photo-radar is an automated speed enforcement system, combining
sophisticated radar antenna with a high speed camera and a computer to produce photographic
evidence of speeding violations; and
WHEREAS, while a growing number of cities are employing photo-radar to enforce
speeding laws, the current issuance of an unsigned mailed citation and notice to appear may be
ignored by the speeder without consequence; and
WHEREAS, when photo-radar equipment is used for issuance of a speeding ticket,
current law does not specifically authorize a mailed citation and notice to appear in traffic court
to a speeding violator; and
15
WHEREAS, when photo-radar equipment is used for issuance of railroad violations,
current law does specifically authorize that the citation and notice may be accomplished by mail;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League support legislation to
authorize traffic enforcement agencies to issue speeding ticket citations by mailed notice when
using photo-radar enforcement equipment.
**********
19. RESOLUTION RELATING TO PAROLE OF VIOLENT OFFENDERS
Source: Tina Hansen, Council Member, Signal Hill; Member: Public Safety
Subcommittee on Criminal Justice; and the City of Lancaster
Referred to: Public Safety Policy Committee
WHEREAS, it is the responsibility of every city to provide a safe environment for its
residents; and
WHEREAS, public safety is the number one concern and issue of the residents of many
cities; and
WHEREAS, cities are desirous of changes in the law to improve the safety of residents of
our communities and the residents of the State of California; and
WHEREAS, initiation of a resolution through the Public Safety Committee of the League
of California Cities is an effective way to ensure the reasonable safety of all cities and
communities in the State of California; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League support legislation to
accomplish the following:
1. Amend the California Penal Code to extend and require that for violent offenders as
defined by the California Penal Code there be a period of parole. The period of parole shall be
the remainder of the inmate's life. However, if a person has been on parole continuously for
seven years since release from confinement, the Board of Prison Terms can discharge that person
from parole unless there is good cause to retain the individual on parole.
2. Amend the California Penal Code to require violent offenders to undergo a
psychological evaluation prior to release in order to determine the extent of counseling that may
be mandated as a condition of parole.
16
3. Amend the California Penal Code to require all violent offenders to register as a
violent offender with the law enforcement agency in the city in which they live. This
requirement shall be in effect for the remainder of the inmate's life, so long as the inmate resides
in California.
4. Amend the California Penal Code to make it a felony to willfully fail to register as a
violent offender with the local law enforcement agency.
5. Provide funding for any costs to local governments associated with these proposed
amendments; and be it further
RESOLVED, that these amendments shall not be applied retroactively.
**********
Resolutions Referred to Committee on Revenue and Ta�cation
22. RESOLUTION RELATING TO POSSESSORY INTEREST TAX
Source: City of San Jose
Referred to: Revenue and Taxation Policy Committee
WHEREAS, recent economic and political factors have led many California cities to
invest in the convention and tourism industry to generate otherwise scarce municipal revenues;
and
WHEREAS, cities around the state have invested millions of dollars in the construction
and operation of publicly owned state-of-the-art convention and cultural facilities to attract a
portion of the $361.8 billion in direct spending the travel and tourism industry generates
nationwide; and
WHEREAS, in the highly competitive convention, trade show and meeting industry, the
imposition of a possessory interest tax on the use of such facilities, puts the taxed venue at a
competitive disadvantage resulting in a potential loss of revenue for the city and jobs for its
residents, and
WHEREAS, the International Association of Exposition Management, Meeting
Professionals International, the National Automatic Merchandising Association, the California
Rental Association, the National Association of Consumer Shows, and the National Association
of College Stores have publicly opposed the County of Santa Clara Assessor's imposition of the
possessory interest tax on short term-users of convention and cultural facilities, and have
indicated that their members have grave concerns about the imposition of such a tax when
considering cities as a destination for convention trade shows and meetings; and
17
WHEREAS, the imposition of a possessory interest tax on short term users of publicly
owned convention and cultural facilities is economically unsound and outweighs any benefit
received by the local government from collection of such a tax; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League support legislation to
exempt from possessory interest taxation public use facility clients who occupy convention and
cultural facilities where the assessed value of their possession of such facility is $50,000 or less
per twelve month period. .
**********
24. RESOLUTION RELATING TO REALLOCATION OF TRAFFIC FINES
Source: City of Pasadena
Referred to: Revenue and Taxation Policy Committee
WHEREAS, public safety is one of the highest priorities of cities throughout California;
and
WHEREAS, the safety and welfare of motorists and pedestrians through vigorous traffic
enforcement is an essential component of public safety; and
WHEREAS, the cost of providing said traffic enforcement and investigation is borne by
the cities and can only be partially offset by the complete recovery of traffic fines; and
WHEREAS, the diversion of traffic fines to the state subsequent to legislation under
AB 544, codified as Penal Code Section 1463 et. seq., has imposed undue economic hardship
upon cities; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League sponsor legislation that
will repeal AB 544 (Isenberg) (Penal Code Sections 1463 through 1463.006, 1463.04, 1463.9,
1463.14, 1463.16, 1463.18, 1463.22, and 1463.26) and reallocate fines generated through traffic
enforcement efforts to the respective municipalities whose enforcement efforts generated those
fines by the distribution formula existing prior to 1991.
**********
18
Resolutions Referred to Committee on Transportation and Public Works
27. RESOLUTION RELATING TO TAX ON GASOLINE AND PETROLEUM
PRODUCTS FOR TRANSPORTATION PURPOSES
Source: Frank Muratore, Vice Mayor, City of Modesto
Referred to: Transportation and Public Works Policy Committee
WHEREAS, in 1963, the State of California authorized collection of a tax on gasoline to
be used for transportation and traffic purposes; and
WHEREAS, there have been signiiicant population increases to this state, which have
placed tremendous burdens on local government's ability to construct and maintain
transportation facilities; and
WHEREAS, during this time, 17 California counties have adopted self-help sales tax
programs to augment the gas tax sources and resolve local transportation issues; and
WHEREAS, there are 41 counties with local governments that are totally dependent on
the gas tax to fund local transportation projects; and
WHEREAS, the purchasing power of the gas t� has not kept up with the population
increases and inflation that have occurred, placing a further burden on construction, repair, and
maintenance of transportation projects; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League urge the State
Legislature to reevaluate the current level of ta�c on gasoline and petroleum products for
transportation purposes; and be it further
RESOLVED, that at a minimum, the State Legislature should consider a graduated
increase to the gas tax levels to address the increases in population and costs faced by local
governments, since the last increase to maintain a proportional level of tax collections as was
originally established in 1963; and be it further
RESOLVED, that copies of this resolution be sent to the Governor of the State of
California, and to all members of the State Legislature.
**********
19
Petitioned Resolutions
30. INITIATIVE RESOLUTION RELATING TO PROTECTING TRANSPORTATION
DEVELOPMENT ACT FUNDS
Source: City of La Mesa
WHEREAS, strong public transit systems are essential to the operation of most California
cities; and
WHEREAS, the Transportation Development Act (TDA) as passed in 1970 has provided
a strong iinancial base for public transit; and
WHEREAS, over 125 cities receive TDA funds to operate public transit systems; and
WHEREAS, TDA also provides funding for the city streets in over 200 cities; and
WHEREAS, legislation is expected to be considered in 1996 that would divert TDA
funds for county programs which are underfinanced by the state; and
WHEREAS, such legislation would be very detrimental to California cities; now,
therefore be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League oppose any legislation
which would divert Transportation Development Act funds for non-transportation purposes.
**********
31 . INITIATIVE RESOLUTION RELATING TO HOMEOWNERS AND EARTHQUAKE
INSURANCE
Source: City of Oakland
WHEREAS, having suffered substantial losses in California due to catastrophic natural
disasters, ninety-three percent of insurance carriers have either ceased or severely limited writing
new homeowners policies in California, and some carriers have banned new policies in specific
geographic areas of the state; and ,
WHEREAS, California homeowners are facing a crisis due to the lack of affordable,
readily available homeowners insurance, and that crisis is having far-reaching effects on the
state's home-building and real estate industries; and
20
WHEREAS, the insurance companies have failed to recognize the extraordinary measures
of local communities who have t�ed and assessed themselves to fund needed improvements to
fire prevention and emergency preparedness and response; and
WHEREAS, the State Insurance Commissioner has directed all insurers, beginning with
rate applications filed after January 1, 1996, to provide homeowners insurance rate credits
(discounts) where communities have adopted specific, communitywide fire mitigation measures
designed to reduce the risk of wide-spread fire and limit the damage caused by residential area
fires, and where the benefits that arise from those measures can be rated and supported by
actuarial opinion; and
WHEREAS, efforts to negotiate a new mechanism for catastrophic insurance coverage
have not yet achieved a resolution that is economically viable and fair to al parties throughout the
state; and
WHEREAS, the crisis to all Californians has become so severe that it demands urgent
attention and speedy resolution, now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the support legislation and
regulatory action that advances the following principles that:
1) The delinkage of earthquake and homeowners insurance should only occur after state
and/or federal natural disaster insurance pools are established to provide affordable and adequate
earthquake coverage;
2) Basic catastrophic coverage should be provided to restore a home's habitability, and
that such basic coverage should be available with minimal deductible and without any cap on
insured value;
3) All insurance companies offering any type of insurance in California should be
required to pay an assessment to the statewide catastrophic insurance pool to ensure its continued
viability;
4) When setting rates and determining risk, insurance companies should be required to
take into account the existence of local programs to upgrade emergency infrastructure and/or to
reduce fire fuels such as wildland brush in public open space and overgrown vegetation within
household perimeters in compliance with local and state fire codes;
5) Non-renewals of insurance should be subject to the same restrictions as cancellations,
and that these principles should be clearly outlined in the legislation, and that insurance
companies should be required to maintain existing homeowners' policies as long as
policyholders meet the underwriting guidelines specified in the legislation, and be it further
21
RESOLVED, that the League call upon the State Legislature and the Insurance
Commissioner to resolve the crisis in the availability and affordability of homeowners insurance
in order to protect the state economy and the safety and well-being of all California property
owners; and be it further
RESOLVED, that the League create a task force of the Public Safety Policy Committee
to work with cities, the Insurance Commissioner and the industry to develop standards for
eligibility for risk reduction credits in the homeowners insurance rate structure, and to develop
and promote model risk reduction programs for cities that will qualify their homeowners for the
reduced rate structure; and be it further
RESOLVED, that the League, through the National League of Cities, support the
enactment of these principles in the federal natural disaster insurance pool legislation currently
before Congress.
**********
32. INITIATIVE RESOLUTION RELATING TO LIMITING THE NUMBER OF
PRESIDENTIAL APPOINTMENTS OF LEAGUE OF CALIFORNIA CITIES'
COMMITTEES
Source: Desert-Mountain Division
WHEREAS, the League of California Cities is organized to assist its members in
accomplishing the policies of the collective elected membership; and
WHEREAS, the League of California Cities has established through its bylaws an
organizational structure that includes a President, Board of Directors, Regional Divisions, and
committees; and
WHEREAS, the President has unlimited powers to appoint representatives to the
committees in addition to the divisions and department elected appointments; and
WHEREAS, the President with the unlimited appointment power has appointed many, if
not all, individuals that have requested to be placed on certain committees which has resulted in
committees that have more presidential appointees than elected Division representatives; and
WHEREAS, when Presidential appointees can exceed Division representatives on
committees the purpose of the League of California Cities existence for its members may be
thwarted by special interest groups and individuals whose individual vote is equal to a Division
representative's vote, who may represent numerous communities in a Division; now, therefore,
be it
22
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League policy be amended so
that:
1. The President of the League of California Cities should be limited to seven (7)
appointments per committee, their term shall run concurrently with the President's term.
2. The Division appointments to committees should be increased to two per division
to provide greater divisional representation.
**********
33. INITIATIVE RESOLUTION RELATING GOVERNMENT FINANCING
S urc : City of Claremont and the Housing, Community and Economic
Development Policy Committee
WHEREAS, state, county and local government finances were radically restructured by
Proposition 13, Proposition 98, and Proposition 4, and other related voter actions; and
WHEREAS, efforts to compensate for these changes have been haphazard, piece meal
and caused greater dislocations; and
WHEREAS, the recession from which we are only just emerging has strained all levels of
government to the breaking point in lost property t�, lost sales tax and other lost revenues; and
WHEREAS, since 1981 the state has, excluding ERAF, transferred permanently $209
million dollars from cities to the state; and
WHEREAS, since 1981 the state has made one time transfers from cities to itself of $877
million dollars; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League support legislation that
prohibits (pending a reorganization of the funding/taxing mechanisms for state, county and local
governments by the constitutional revision commission) the state or any county from keeping,
redirecting, withholding, or in any other manner augmenting its own revenues by taking tax or
other revenues from another jurisdiction (i.e., state from counties, cities, or redevelopment
agencies and counties from cities or redevelopment agencies) without the consent of the other
jurisdiction. And, all such loans must be repaid with interest by the actual borrower.
**********
23
34. INITIATIVE RESOLUTION RELATING TO CHILDREN, YOUTH, AND FAMILIES
ource: Community Services Policy Committee
WHEREAS, the children of California must be recognized as our state's most valuable
resource and their development, education, and well-being as key to our state's future; and
WHEREAS, too many children start school unprepared, find themselves with inadequate
parental supervision and support, and are influenced negatively by neglect and abuse, drugs, gangs,
and an environment of violence; and
WHEREAS, successful preventive services and opportunities for positive development for
children, youth, and families require collaborative efforts involving partnerships with cities,
counties, school districts, churches, business and industry, parents, and the not-for-profit sector; and
WHEREAS, the League of California Cities supports cities in their efforts to enhance the
well-being of children, youth, and families through the work of it's Investing In Our Youth Task
Force and the publication and distribution of the fact sheet and video entitled "The Cost of Denial,"
the "Youth Development Planning Guide," and the policy statement on investment in youth; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1995, that the League actively support cities and
their partners to:
. 1. Define a vision of positive youth development that addresses needs and builds skills and
competencies so that every young person becomes a caring, capable, contributing member of the
community;
2. Mobilize each community in the state, including children, parents, churches, business
leaders, law enforcement, recreation providers, school officials, nonprofit organizations, and others
in collaborative action to achieve that vision;
3. Evaluate resources to give children, youth, and families essential services priority along
with public health and safety;
4. Work towards a statewide policy that would encourage every city and county to
formulate a plan of action to achieve these goals; and, be it further
RESOLVED that the League and the Institute for Local Self Government, the League's
nonprofit research and education affiliate, be the catalysts to mobilize like-minded organizations
and resources to share experiences, enhance the capacity of cites and others to support positive
youth development, and support the leadership in cities to find creative ways to build the best
possible future for children and society.
24
35. INITIATIVE RESOLUTION RELATING TO VECTOR CONTROL BOARDS
Source: City of Fountain Valley
WHEREAS, historically throughout Orange County and the State of California, city
council members have been appointed to serve as Board members of Vector and Mosquito
Abatement Districts; and
WHEREAS, the common law doctrine of incompatible offices prevents a person from
holding two public offices simultaneously if the performances of the duties of either office could
have an adverse effect on the other; and
WHEREAS, a previous court decision (People ex rel. Chapman v. Rapsey, 16 Cal. 2d
636, 644) determined that if a city council member accepts an appointment to serve on the
second incompatible office, the consequence of that acceptance could result in automatic
resignation from the first office; and
WHEREAS, the doctrine has its basis in common law and may be modified by statute;
and
WHEREAS, a city council member may be a member of a county sanitation district
(Health & Safety Code section 4730) and hold the office of director of an irrigation or
community services district (Government Code section 6123) and not be incompatible; and
WHEREAS, many vector control districts and cities have enjoyed a long-standing
symbiotic relationship in which the mutual benefits received by each entity has outweighed any
potential clash of loyalties; now, therefore be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in San Francisco, October 24, 1994, that the League support and sponsor
legislation permitting city council or other public ofiicials to also serve as Trustees for mosquito
and vector districts.
A:\final95
######
25�
1994 Annual Conference Resolutions Implementation
Final Report - October 1995
Res. # Title Required Action Status
1
2
5.
:
Absentee Ballot Sponsor legislation to require completed absentee ballot
Applications applications be submitted to official having jurisdiction
over the election at least 14 days prior to election; and
sponsor legislation to enable absentee ballots to be mailed
to voters in sufficient time to accommodate new proposed
deadline for completed absent voter applications.
Campaign Financing Establish a working committee, composed of city clerks,
Regulations city attorneys and other officials to study how the intent
of Political Reform Act of 1974 could be achieved in
more cost efficient ways; and direct committee to focus
on review of existing legislation and FPPC regulations
with a view toward recommending changes to either
legislation and/or regulations in order to reduce excessive
expense of complying with Act and regulations; and
authorize committee to request League staff assistance to
initiate amending legislation or present proposed change
to regulations to FPPC.
Recovery of Attorney Support legislation to allow public agencies to recover
Fees attorney costs incurred as a result of cases in which the
public agency is found to be not at fault.
Proposition 188 Reaffirm League opposition to Prop. 188 on November
1994 ballot; and make every effort to inform elected
officials, news media, and public about true nature of the
efforts behind Prop. 188 to ensure its ultimate defeat.
1
Legislation introduced, AB 314
(McDonald). Failed passage in
Assembly.
Established at January committee
meeting, members: Pat Figueroa, Nancy
Dillon, Trudi Hill, Arnold Alvarez
Glasman, and Helen Kawagoe.
Issue covered in several legislative
proposals. League supports.
Completed. Measure defeated.
Res. # Title Required Action Status
7 Open Meeting Law for Prepare list of constructive open meeting law Under development.
State Legislature recommendations applicable to State Legislature for
presentation to appropriate state bodies for consideration.
14 Sale of Pornographic Draft and support legislation that will establish maximum Pending outcome of a court decision,
Materials to Minors permissible restrictions on sale and display of harmful and legislation may be amended to clarify
pornographic material to minors, including sale and cities' ability to control harmful material
display to minors through newsracks, vending machines, in newsracks.
and other medium unsupervised by adults.
17 Voting Requirements Sponsor legislation lowering the vote threshold for League-sponsored legislation
for Air Board SCAQMD city representatives from 2/3 of the cities introduced, AB 1522 (Brewer).
Representation representing 2/3 of the county's incorporated population to
a majority of cities representing a majority of the county's
incorporated population.
2
Res. # Title Required Action Status
18
Safe Drinking Water Support the inclusion of the following principles in any
Safe Drinking Water Act Reauthorization:
1) Require the U.S. EPA to continuously review existing
contaminant standards and continue its oversight of state
drinking water programs; and
2) Require increased federal funding for state monitoring,
enforcement and construction programs; and
3) Allow USEPA to consider health risk reduction
benefits when reviewing, setting, and finalizing standards;
and
4) Require USEPA to consider alternative control
technologies when implementing standards; and
5) Require USEPA to select contaminants of public health
concern for regulation based on actual occurrence; and
6) Require USEPA to solicit and consider
recommendations of National Academy of Sciences on
contaminants to be monitored and regulated; and
7) Allow USEPA to establish time frames for regulatory
compliance that reflect time needed to plan, finance,
design, and construct treatment facilities; and
8) Develop watershed management strategies to protect
water supply sources and promote safe drinking water
quality.
Supported federal legislation; worked
with NLC. Measure stalled at end of
1994 Congressional Session.
19 Recycled Water Encourage California Dept. of Health Services to quickly No action to date.
finalize revisions to Title 22 of State Health Code
governing the uses of recycled water in such a manner as
to promote appropriate use of such water.
Res. # Title Required Action Status
�
22
Recycling Inner City Call on Congress in its Superfund reform package to
Property - Brownfields provide a level of protection for third party investors,
lenders, and developers of brownfield sites from
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) liability and clean-up costs
for contamination, which they did not cause; and for any
site not on the National Priority List in a state with an
approved state clean-up program, Congress direct that
state approval for redevelopment and reuse shall
automatically result in concurrent federal approval; and
that Congress provide tax incentives to the private sector
to encourage voluntary clean-up activities and that
USEPA encourage states to work with local governments
in expediting voluntary clean-ups that are protective to
human health and the environment; and that the League
endorse site characterizations and clean-up costs of
brownfield sites as an eligible activity in a proposal to
create an Environmental Development Block Grant and/or
any reallocation of Superfund revenues and program
expenditures; and that Congress and the EPA
acknowledge the gravity and magnitude of brownfield
problem and enact comprehensive legislation to address�
other issues listed in the resolution.
Residential Care Urge state legislators to enact a statute recognizing and
Facilities expanding the authority of cities to license and regulate
residential care facilities; and send copies of this
resolution to Governor and all members of the
Legislature.
4
No action to date in Congress.
The HCED policy committee has
established a subcommittee to work
proactively on this issue.
Res. # Title Required Action Status
23 National Aeronautics Support the NASA budget, including the space program Worked with Congressional leaders
and Space and Space Station Freedom; and have the League during NLC meetings in support of
Administration Committee on Transportation and Public Works consider NASA funding.
(NASA) this subject as a priority for its work program.
24
26
27
Southwest Military Support the continuation and expansion of the Southwest
Complex Military Complex and oppose any Department of Defense
service or agency from reducing work or moving any
functions from the DOD's Southwest Military Complex,
prior to the conclusion of the 1995 BRAC Commission's
deliberations; and enlist the united support of our
California Legislature and Governor, President of the
U.S., and California's Congressional Delegation and
Senators to take every action necessary for continuation
and expansion of military bases and NASA installations
within the Southwest Military Complex.
Confiscated Firearms Support legislation to allow local government agencies to
destroy, or retain for an unlimited amount of time,
firearms or other deadly weapons involved in domestic
violence incidents.
Alley Access Sponsor legislation to amend the California Vehicle Code
to permit cities and local agencies to prohibit, limit, or
otherwise regulate and control vehicular or pedestrian
access to or through alleys, when in the opinion of the
legislative body having jurisdiction over said alley, such
restriction is necessary for the protection or preservation
of public peace, safety, health, or welfare.
L:\policy\acchart.94
The resolution and a letter enlisting
support was provided to our
representatives.
Board of Director's adoption of Police
Chief s firearm position paper
supersedes this resolution.
AB 356 (W. Murray) introduced to
implement resolution's goals. Signed
by Governor, Chapter 215, Statutes of
1995.