HomeMy WebLinkAbout12/03/1992 B A K E R S F I E L D
Patricia M. Smith, Chair
Patricia J. DeMond
Lynn Edwards
Staff: Trudy Slater
Larry Lunardini
AGENDA
LEGISLATIVE AND LITIGATION COMMITTEE
Thursday, December 3, 1992
12:15 p.m.
City Manager's Conference Room
1. Retaining Local Control in Government
2. Proposed Constitutional Amendment to Protect Local Property Tax Revenues
3. Vending Machines/Smoking
4. Set Next Meeting
Kern Citizens for Effective Local Governme
A cou~y-wide organization commi~led ~o promoting responsive local governr
L~ GO~NME~ P~OB: N~ R~liSes. bsic Prin~ples
~ of D~m ~nd a Plan of ~on
~5) 7~-24~
3a~ C~
the ~d's r~ f~ ~unt~, h~ ~ m~ ~e va~ and in~e~i~ n~s of the y~ng. olO.
~5) 3~-7487
~emr ~o~
619) 3~-~13
~ S~m and some~ ~e enW - of ~e~ of o~er ~n~ ~e ~D ~ar ~ ~le ~ the ord~ of the
~W ~ay. R~nUy. ~er. ~e ~. an~ ~erefore. ~e ~llingne~ of ~me ~en~ to address their
=aul~ ~
~ ~n governmen~ to ~ve ~e ~e~ they ~ fa~, ~e h~t~ of thor gene-s and me realiU~ 0f a n~
~5) 8~-~ '
~S) 3~-~
r~s ~n~
q~im ~m~ N~ POLi~ ~IES ~D I~RGo~RNME~ ~NSIONS
~5) 327~07 ~e I~al rma~smp ~ ~1 and s~te ~vemment ~s enunaal~ m~e than a cenlu~
_es C~ ago ~n a land~m
~5) 7~-71 ~
~1~ O~ 'L~I govemmen~ ~e their ongin to. and denve their ~em from ~e (s~le) I~isla~re.
m~t. Dy a m~le a~ ~ we ~n suD~e a ~e of ~ great a f~ a~ ~ greal a
~ong.
Interestingly enough and desmte the powers Originally ascribed to state legislatures, California's
government at first pedormecl relatively few funcaons. Irtstead it chose to assign to counties ancL/or local
governmental units responsibility for services deemed necessary. But with the advent of the Great
DepressIon in 1930 a ciramaoc shift began. The center of gravity for dornesl~c governance began moving
away from both t~e state and local govemrnents toward the federal government in, Washington D.C. That'
movement contJnuea almost unabated until 1980. Then the proces___~ began to reverse. The federal
legIslatUre and the courts began engaging in what has been called 'the inverted funnel phenomenon'.
ReslDonsiC)ilities Jot implementing prograrrts in such diversified areas as environmental protec'aon, public
works, health, wel/are, land use and consumer protec~on devolved on the states, w~ich, in turn, "funneled'
or 'mandated' them to local govemments. Manaates of themselves may constitute good public policy."
They concern clean air and water, preservation of weUands, civil rights, road safety, health, education, solid
waste, recycding, voter registration and job training partnerships and other societal goods with which most
peopie nave no ciuarrel? Even so, they are _cos__ts that local governments prol:~ably would not have incurred
'were Iney not orclerecl to cio so. Over time. the cost of mandates has sioFocketed. Today the cost of
rnanclates constitutes 40-4~ percent of' loc~t government bucigets.4
THE NEW HARSH FISCAL ENVIRONMENT
The senousness of the fiscal crises which the state and local govemments presently face can
scarcely be overstated. Federal financial aid to local govemments has been drasl~cally reduced, including
lne coml:)lete el~m~naLion of the general revenue sharing program. The Congre~_$ional Research Sen'ice
relDorts a 73% reduction in direct federal aid to counties anal cities as a Percentage of total revenues
DeL'ween 1980 and' 1986.5 State supl:x:H't also has declined prempitously. In California. a huge state
2
sumius which l~e state legisial~re had used to help local governments carry out their mandates nas
disappeared. Deficits have mounted, and the state budget gap has juml:)ed to ,I;14.3 ~llion according to
the California State Department of Finance's 'May (1991) Revise'.6
California's finanC=al woes stem in part from a series of P°l:)Ularty enacted initiatives. Initiatives suc. n
as Proposi~Jons 13 and 98 and the Jarvis-Gann Amenclment have had a profound impact on the
relationships of state and Iocat governments. Passage of Proposition 13 in 1978 (3'imped the flow of local
property taxes to local governments, schools and speC=al disthcts. Prol:x:~sition 98, passed in 1990, quickly
became mired in political controversy and disoutes over interpretation and a severe economic depre,--~_sion
which fur'~er decreased the revenue pie to be split. Combetition for funds intensified at the same time the
local governments found thernseives having to finance more public services in our society than ever before
in history. They currently are charged W~th providing sch<x~, building roads, canng for the homeless and
indigent, keeping records on property and statistics on people, registenng voters, furnishing fire and I:)Oiice
protection, maintaining jails, disposing of waste proclucts, and attending many other health, safety,
recreat~onal~ and social needs. It is unlikely that the demand for the services of local governments v'411
decrease. On the contrary, their worXloacls can I:~ expected to increase along with the complexity of the
a(3ministrative process. That is true not only because of the proliferation of mandated services but because
of the unprecedented population growth California's metropolitan areas are experiencing. California added
s~x million people to its populal]on between 1980 and 1990. That amounted to a 25% increase in tenyears
and there are no signs of abatement.7 Every 24 hours some 2,100 new people are added to the state's
Pol3ulal3on.~ 'A daily increase of 2,100 people means that 800 additional housing units and '15 to 20 new
classrooms, or the equivalent of a new school, also are needed e~ery 24 hours. It also means that 1,000
more venlctes are added to our-roadways; greater deman~ls are made on the water supply, the landfills and
a hos~ of social services.
3
Given the dimensions of the pn3blems wn~cn c~ties, counties, school and special distncts now face.
-.
it is imperative that they join together' to address their urgent ancl mutual concerns.
GUIDING PRINCIPLES FOR LOCAL GOVERNMENTS
The Primary purpose of government is to se~e the people
Citizen paracll3ation is the cornerstc)ne of the demcx::ral3c proc. ess: local governments offer
c~tJzens an opportunity close to thmr homes to partJclDate in government and its polil~cal
proc._-e~_ses and to help shape the ways of our'democracy
High levels of public spint and t~e hones~ efforts of all citi:,ens are necessary' to achieve
gcx:x:l puDiic t:x~icy
Lcx::al government is enhanced when individuals and grou~s deliberate with one another
rather than confront one anotr~er
l. cx:al governments are of Prime importance not only because they provide services to
people, but because they are public forums in whic~ people can communiCate and held
make policy decisions about those services
While local governments should be resl:X~sive to the concerns of individuals and groups
they also' need tO be cogmzant of their responsibility for the general welfare, the good of
the entire community
Local government rather than state, federal or regional government should be the first level
at which solutions to problems are sought
Federal, state and.regional governments need to wort( more closely with local governments
and to rec~x~nize that they are partners in the democratic process
Cooperation, collaboration, coordination .and communication among local, agencies is
essential
Cities, c~unties, sc~:)°ls and sPeCial distnms need to address their common problems in
a mutually suPl:X:X'tive manner
Fiscal ccJntrol should be. commensurate w~th the resl:x3nsibilitJes local governments are
expected to shoulder
State manclated programs which are no~ fully funded by 'the Legislature should be ma(3e
opt~:)nal at the local levet
ACT]ON PLAN
Revitalize local government.
Encourage W~despread partJcipation in local government.
Rekindle citzzen interest/participation in Icx::al affairs.
Res~re fiscal control to local governments.
Oppose fiscal poiiaes that fail to meet the legil~mate needs of all local governments -
counties, cities, school and sPeCial districts.
Oppose funding of state programs w~th local fees. tax dollars or other locally generated
income sources.
Urge the legislature to take whatever steps are nec_-e~___~ary, whether 'statutory or
Constitutional amendments, to eliminate the requirement of a two-thirds majority vote to
approve local tax and financing proposals.
Facilitate regular, planned communication among local jurisdictions to avoid duplication of
services and to promote collaborative efforts which can provide betler service at lower cost.
Identify aclministrative roadblocks and act to remove them.
Provide for on-going evaluation, pruning and sharpening of priorities so that talents and
resources can be deployed most effectively to meet as yet unforeseen but inevitable future
needs.
Conduct costJbenefit analyses pnor to embarking on new programs.
R,epair 8nd maintain the local infrasl~ucture which has fallen into senous Chsreoalr as a
result of fiscal ~inls.
Streamline the environmental review I~OCeSs.
Expire new ways to fa~litate comDined anti cooperative endeavors of the t:)nvate ancl the
public sectom.
Encourage I:x~vate investment in new ~KX>-p~oducing indus/nes an~ in the Oepres. seO parts .
of counties ancl cities.
. Support anc:l scx)nso¢ legislation that will enable ail affected junscliclions to be~ter meet the
needs of (::fl/zefts. Opcx:~se legislation that is detrimental to other junsclictions.
Develop alternatives for stable, aclequata revenue sources to func~ necessary and cleslrecl
services.
6
NOTES
1. City of Clinton v Cedar RaPidS and Missouri R. FL Co., 24 Iowa 455 11868.
2. Mandates CaD held the state move towarcJ desirable economic, socJal and e~vironmental goals.
On the other hand. mandates can reflect the political inability of the state legislal]Jres to resist
pressures of local interest groups - crturr_.nes, fire and police personnel, teachers, cJ3antable
organizations, aha others. Resulting laws are passed ordenng local governments across the state'
to increase pay and pensions, decrease working hours, remove real estate owned by' variOUs
nonprofit organizal3o~s from the tax roils, or to take other ac~ons that increase the Duclget of the
local government.
3. The Advisory Commission in Intergovernmental Relations (ACIR) has ct::~_,~_,:ified mandates into five
groups:
1. 'Rules of the ear'ne' mandates that relate to the organization and procedures of local
government, holding of elections, and the enforcement of the state c~iminal cocle within the
local unit's I:x:)undanes.
2. 'SDillover' manctates that deal w~th new programs or enrichment of.government programs,.
" in 13eatS, environment, and o[her fields, where state, wide uniformity of treal3-nent is required
from equity or legal standpoints.
3. 'lnterlocal e<3uity' mandate~ that require Iocalil~es to act or refrain from acting 'in order to
avoid injury to or'conflict W~th ne~ght:x:~ng jurisdictions, as in environmental standards or
tax assessment pr.ocedures.
4. 'Loss of local tax base' mandates where the state removes properly' from the I(x:al tax
base. such as exemption of proparty of veterans' organizations from the property tax and
food or medicine from the local sales tax.
5. 'Personnel benefit' mandate~ where the state enriches local government salary or wage
levels, wommg conditions, or pension benefits for selected groups of employees of. local
units.
_For more informa~on on mandates see VWiliam G. Colin'an, State and Local Government aq~
Public-Private ParmershiD~, (New Yortc Greenwood Press. 1989). pp. 43-46.
4. 'The Great Shakedown: Mandates.. the New Dishonesty. County News: Natiorlal
Assoc~abon of Counties: 27 May 1991. p. 2.
5. 'County Government: Emergency Revenue Initial~ves Report'. County News: Natiorlal
Association of Counties, 15 April 1991, p. 6.
6. California State Del3ara'nent of Finance, May 1991. Revise Recx)rt as rel3ortecl by S~ool Services
of California, 24 May, 1991. p.2.1'3.
7. Keynote Addr_~__~ by Dan Walters. 'The State of Our State: Is It Time to Change the
Rules?' Sponsoced by Santa Bari)am County Education Office, Santa Barbara,
California, 10 December 1990.
8. Half of the new peoole added to California's Pol~ulation eat. J3 day are immigrants. They represen~
a wide variety of ethnic anti linguistic groups and mcat of them are your~g. Their p~esence ~s"
reflected in the ~. In the ~ Angeles County schools, 108 languages are spoken: m Kern
County sct~ools, 85 different languages are spoken.
MSB:tr 9/9/91
BOARD OF SUPERVISORS
SUPERVISORS SUE LASITER
· . Clerk of Bolrd of Sul~rvisorB
Adminlsti'ltlon Ind Courts Building
ROY ASHBURN DIIbtct No. 1 141S Truxtun Avenue. Room 600
BEN AUSTIN District No. 2 Blkelllleido California 93301
PAULINE LARWOOD DIBtri=t No. 3 Telel)hone (805)861-2167
KARL F. HETTINGER DIl~ct No. 4
MARY K. SHELL DIItl'~t No. 5
NoVember 20, 1992
City ot Bakersfield "~J v
1501 Truxtun Avenue CiTY MANAGF_F.'S OFF,CF..
Bakersfield. CA 93301
Dear Mr. Tandy:
On November 25, 1992 (he Kern County Board of Supervisors took action to endorse the Plan of Action portion of the
Local Government Platform: New Realities, Basic Principles and a Plan of Action. This document was developed by
the Committee for Effective Local Government. The Board previously approved a resolution adopting the Guiding
Principles for Local Government which are also a part of the above mentioned document. A copy of the entire
document, is enclosed .for.your information and review.
As the State has acted, to resolve its fiscal crisis, the net effect has been to place local government entities in
competition for declining revenues: Cities, counties, school distdct and special districts have been pitted against one
another to compete amongst themselves and with the State for adequate resources with which to provide the services
desired by the citizenry. One of the Action Plan's principles is to restore fiscal control to local governments.. The
principles of opposing fiscal policies that fail to meet the legitimate needs of all local government and opposing funding
of state programs with local fees, tax dollars or other locally generated income sources are consistent with the current
philosophical base of the County Legislative Platform.
The Plan of Action enumerates Several goals that local government entities should strive to meet--including the
coordination of service among entities to more efficiently, and ultimately cost effectively, meet service demands, and
exploring new ways to facilitate combined and cooperative endeavors of the private and public sectors, to the same
end. A constructive document which articulates the goals for improving the efficiency of government and resolving the-
fiscal dilemma between governmental layers serves as a very strong resource and reminder of the goals government
should strive for. In this spirit, the Kern County Board of Supervisors urges ali. City Councils to also endorse the Plan
of Action.
MKS/AK/ce/plat. cit
California
State ~
Laws
on
Tobacco
CALIFORNIA STATE LAWS
ON
TOBACCO
TOBACCO CONTROL SECTION
DEPARTMENT OF HEALTH SERVICES
.SACRAMENTO, CALIFORNIA 94134
AMERICAN NONSMOKERS' RIGHTS FOUNDATION
2530 SAN PABLO AVENUE, SUITE J
BERKELEY, CALIFORNIA 94702
MAY, 1991
TABLE OF CONTENTS
INTRODUCTION 1
PROPOSITION 99: TOBACCO EXCISE TAX :2
CLEAN INDOOR AIR 3
Public Transportation 3
Grocery Stores 3
State Offices , 4
Schools 4
Health Care Facilities 4
PROPOSITION 65:
TOXIC ENFORCEMENT'ACT 5
SALES TO MINORS 6
LICENSING 6
SMOKELESS TOBACCO 6
RESOURCES 8
INTRODUCTION PROPOSITION 99: TOBACCO EXCISE TAX
Smoking is the most important pre. venlal)le ca~lsc of Proposition {Prop} 99 was l~assed by the voters of
death and diseuse il! Calil'orsfiu, resi)ousil')h~ for ill()l'C , Calil'or, lia ill Novcml)cr, 1988. Pro1) 99 mandated a
than 40,000 deaths a year from hmg cancer, heart 25 cent l)er pack increase in tile excise tax on
disease and other smoking related illness, cigarettes, raising tile state tax to a total of 35 cents
' (with an equivalent increase for o/her tobacco prod-
There is mounting e~'i¢lence oil il~e serious health nets as well). Thc revenues are nsed to fund a
effects of tobacco smoke t~o nonsmokers. The 1986 slutcwide anti-lobacco e(lucatioli program, a pro-
Surgeon General's Report cOn~'luded that "inwflun- gram to reimburse doctors and hospitals for caring
tary smoking is a cause of disease, includiug h~ng for indigent patients, many of~vhom are afflicted with
cancer, in healthy nonsmokers." The U.S. Environ- smoking-related disease, and to conduct research ou
mental Protection Agency recently classified envi- tobacco related disease.
r°nmental tobacco smoke as a Class A carcinogcn,
one of the worst cancer causing sl~bstances known. A twenty percent share of the Prop 99 tax revenue
' supports tobacco control programs. This program is
This ·brochure Summarizes.tile major provisions of carrying out the first comprehensive, coordinated
California sta/e law relating to smoking and lift)acco, effort against tobacco use ever undertaken by a
These. include slate laws.adoi)tcd I)y tile legislature ' state. The program is ~,sing a sophislicated televi-
and by the voters through the initiative process, sion and radio advertisiug campaigu, local programs
organized lhroUgh healih departments and commu-
State tobacco laws often lack effective enforcement .nity-based organizations, and school-based smok-
mechanismsl Either no enforcement agencyis speci- lng prevention programs. The fimds are admini-
· fied,'or those that are specified lack the resources to stered by the Tobacco Coutrol Seclion, Department
implement'meaningli_fl local enforceme~nt. In con~ of tlealth Services, and the Department of Educa~
trast, local ordinances arc successful because Ihey lion.
contain practical local enlbrcement lnechanisms,
· tyPically through the city manager or local healtll
department. . .
Therefore,. when. searching for laws regulating to-
bacco in California, it is prudent 1o check existing ~
local laws as well as those state laws outlined in Ihis
brochure.
1 ~ 2
CLEAN INDOOR AIR State Offices
The most common type of tobacco~related legislation State government agencies must adopt smoking poli-
are laws prote~ting the public from Ihe heallb effects cies recognizing Ihe right of employees to a smokefree
of environmental tobacco smoke (ETS). These laws '~ environment. The policy is set by individual agencies
are known 'as smoking ordinances, nonsmokers' } which must, at a minimum, include smokefree work
rights laws, or clean indoor air acts., stations and meelings.
{Gov. Code, Sec. 19994.30)
The bulk of legislative activity has occurred at the
local, level with the passage of more than 180 strong Restaurants in state buildings with a seating capac-
local ordinances protecting the public .from ETS in ily of 50 or more must designate a minimum 20%
workplaces, restaurants, public transportation and nonsmoking area.
other public places. The most recent of these local {Hlth aad Sqfety Code, Sec. 25944) ~
ordinances eliminate smoking completely in reslau-
rants, workplaces, or both. Schools
Public Transportation Smoking is prohibited by students on school cam-
puses. Stone school districls have expanded the
Smoking is prohibited on all forms of public trans- policy to eliminate smoking by all persons on cam-
portation, including buses and trains. Train sta- puses.
tions, airports, bus stations, and other transit depots (Educ. Code, Sec. 48901.5)
must set aside a minimum of 75% as a smokefree
area. Although no enforcement agency is specified, Youth bus drivers are prohibited from smoking on a
the law may be enforced by the local Health Depart- youth bus.
ment, and violations are an infraction and subject to (Licenses, Sec. 12423)
fine.
{Hlth~and Safety Code,.Sec. 25949) ' Health Care Facilities
} Smoking is prohibiled in patienl areas of clinics,
Grocery Stores except rooms designated for occupancy exclusively
} by smokers. Smoking is prohibited in patient care
Smoking' is'prohibited in grocery stores and retail areas, waiting rooms, and' visiting rooms of a health
food stores. (Hlth and Sqfety Code, Sec. 25947) facility, except areas designated as smoking areas.
Smoking is prohibited in patient rooms unless all
Smoking is also prohibited in all food preparalion, persons assigned to a room have requested a smok-
storage and utensil cleaning and storage areas, ing room.
{Hlth and safety Code, Sec. 27605) {I-t1~!~ a~d Sqfely Code, Sec. 1234, 1286)
PROPOSITION 65:
SALES TO MINORS
TOXIC ENFORCEMENT ACT '
' l! is unlawful lo sell or in any way furnish cigarettes'
Proposition 65, the Sal'e. Drinkil~g Water and Toxic , (n' other lol)aeco l)ro(h~els to l)ersm~s ~nricr the age of
Enlbrcement Act, was passed by the voters in No: 18. Violations are a misdemeanor sulllect to a fine
vember, 1986. The law applies to a list of toxic , ~p to $1,000, enforced by the city attorney, county
chemicals "known to the state to cause cancer." In counsel, or dislricl allomey. Cilics a~d counlies are
1988, tobacco smoke was'added to the list., precmplcd from aiicring Ihe fine schedule.
(Pe~d Code, Sec. 308)
Businesses ,that allow smoking, by either employ-
ees or visitors, must provide people on the prem- ll~sinesses wldeh sell tobacco llltlSl posl a copy oflhe
ises with a warning of the toxic exposure. If Slale law bamfing ti~bacco sales Io those under Ihe
smOking is permitted in any area, clear warning age of _!8.
must be given. Adequate signage may include the (Per,al Code, Sec. 308)
.follOwing language: "This facility permits smoking,
and tobacco smoke is known to the State of Califor- LICENSING
nia to cause cancer in nonsmokers as well as
smokers." A~iy tobacco dislril)tflo{- (not a retailer) Innst obtain
{Hlth 'and Safety CQde, Sec. 25249.6) a license from Ihe State Bo'ard of l~qualizatiou.
(Reueaue o~d Taxation Code, Sec. 30140)
Violations are subject to a civil penalty of up to
$2500 per person exposed per clay. Legal action SMOKELESS TOBACCO
may be taken by anyone, if notice has been given
~ to the Attorney General and district attorney or city
attorney with appropriate jurisdiction, and 'those Ii is unlawful for any person lo distribuleYree samples
law enforcen~ent officers do not bring suit them- of smokeless loi)aeco products, except when the free
selves within'60 days. , sample is providedjn response to a mail-in coupon
(Hlth 'and SafeiYC°de, Sec. 25249.7) whiel~ inch~dcs verilical ion thai thc mailer is 18 years
of age or older.
1! is unlawful to distribute free samples of tobacco
' l)roth~cis within a two block radius of any Ihciliiy
whose primary 1)urpose is dirccicd toward persons
under the age t)l' 18, such as schools, clubhouses,
~ and ym~lh centers.
(Ge~eral Reg~daiiO~s, Sec. 1 753.7.,3)
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS PROHIBITING THE USE OF
CIGARETTE OR TOBACCO VENDING MACHINES IN PUBLIC PLACES
THE TOWN COUNCIL OF ,THE TOWN OF LOS ,GATOS DOES HEREBY
ORDAIN: ~
SECTION I
Section 17-7 of the Town Code is added to read as follows:
Section 1%7 Regulation of cigarette and tobacco product vending machines
A. Findings
The Surgeon General of the United States and the American Heart
Association has released information that shows approximately 60 percent oi
(-
all smokers become addicted before their 14th birthday and' that more than
3,000 teenagers become regular smokers everyday.
The Town Council finds that the availability of cigarettes and tobacco
Products marketed through Vending machines promotes the use of tobacco
products among minors, contrary to existing State LaWS which, prohibit the
sale or distribution of tobacco products to persons under the age of 18.
Therefore, the Town Council finds it necessary to enact this ordinance to
recognize such laws and to protect the health, safety, and welfare of the
community.
B. Prohibition r
It shall be unlawful for any person, corporation or other entity to ·place,
install or maintain, or control any vending machine or any other machine or
device designed for the dispeming, distribution or sale of cigarettes or other
tobacco products in' any public place within the' Town of Los Gatos.
- For the purposes of this chapter, "public place" is defined as any area to
which any members of the public are invited, or in which any members of the
public are permitted, inclUding, but not limited to, public transportation facilities.
reception areas, restaurants, restaurant/bar combinations, bars, retail stores, retail
service establishments, retail food production and marketing establishments.
waiting rooms, service' clubs, public or private cafeterias, or anyworkplace or work
areas.
C. Penalties
Any person who violates this Article is subject to a civil penalty o£ $100 and the
cost of er~orcing this chapter which shall include all COSts. staff and attorney time.
Such person shall be deemed to have committed a separate offense for each and
even,, day during any portion of which any violation of this Ordinance is'
committed or permitted.
SECTION II
This Ordinance takes effect 30 days after the date it is adopted. Within 15 days after
this Ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town
C10\ORD$\VENDING 2
This Ordinance was introduced at a regular meeting of the Town Council of the Town
of Los Gatos on ,1991, and adopted by the following vote as an ordinance
of the Town of Los Gatos at a meeting of the Town Council of the Town of Los GatOs on.
COUNCIL MEMBERS:
'AYES:
NAYS:
ABSENT:
.ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
C10\'ORD$\VENOING 3
For more information call:
Long Beach CITY OF
Department of Health
and Human serVices
Tobacco Education Progra:: LONG BEACH
983~1893
427-7421
SMOKING
The foll~owing serVices are.
available, from the City of ORDINANCE
Long Beach, Tobacco Education
Program:
NO. C-6916
· Provide information &
referral regarding.~Long
Beach smoking cessation
programs
· Provide assistance and
information to Long Beach
worksites regarding
implementation of smoking
ordinance ~~'
~ ------ C I TY 0 F
· Provide tobacco education
--- LONG
presentations to Long Beach
community agencies, schools
and clinics to include: ----"'------ BEACH
- Tobacco use prevention
~ Policy implementation
- Health consequences of
smoking and benefits of
quitting
' cessation and relapse
prevention services
The foLLowing Ordinance Mas passed by the Long and frequented by employees during the normal
Beach City Co~l~ci[ on August 6, 1991. This course of their en~[oy~-nt uh~ere clericaL,
Ordinance rep(aces the 1985 Ordinance, and is 'no~ professionaL, manufacturing, business services or
in effect. ' other normal and customary activities of the entity
are performed or uhere other uork is done at that
OIAPTER 8.68 Location. I,IorkpLace includes, but is not Limited
Slql~]llG III PUBLIC PI_ACES to, spaces in office building, medical office
va[ting roans, Libraries, muse~ns, en~[ ovee
8.68.010 PIJIiI~SE NID F]I~IIIG$ Lounges, conference rooms and en~Loyee cafeterias.
The. City Council finds that the s~oking of A private home is n~t a uorkpLace.
tobacco, or any other ~ or plant, is a meclicaLLy J. "Smoking,, means the comOustion of any cigar,
doc~nented clanger to health and material a~nnoyance, cigarette, pipe, or any similar article, using any
inconvenience, disconffort and a health hazard to form of ;oOacco or other comOustibLe supstance in" _
;hose uho are present in confined spaces, and in any form.
order to serve public health, safety and ua[fare,
;he declared burpose of this Chapter is to prohibit 8.68.0~ SilOl(lliG PROHIBITE]) - ELEVATORS
;he sami(ing of tol~acco,.or any other ueecl or plan;, ~not(ing is prohibited and is uniaufuL ui;hin
in public places and places of enpioyn~nt as stated elevators in buildings generaLLy used by and open
and required in this Chapter. ;o the I~A~iic, including elevators in office, hotei
and rnuLtifami [y bui [dings.
. 8.68~020 OEFIIIITII)II$
~'he foLiouing uorcis and phrases, ~henever used in 8.68.0~0 SIIOI(IIIG PROIIIIiITED - HOSPITALS AIIO HEALTH
this Chapter, shaLL be constructed as defined in CARE FACILITIES
~,nis Section: A. In bub[ic areas of health care facilities and
A. "Bar" means an area uhich is devoted to hospitals, as defined in Section 1250 of the -
serving of aLcohoLic beverages.and in uhich the CaLifornia HeaLth and Safety. Code, including
service of 'food is only incidental to ;he ua.[ting roans, public haiLuays, Lorries, and co~mon
cons-.nption of such beverages. The provisions of dining areas, aLL smoking is prohibited. -
this Chapter shaLL not al~iy to such Location. 8. "Staff and Visitor Smoking Prohibitecl,' signs
Ii. "City feciiity"'maens any enclosed structure shaLL be conspicuously posted in public areas of
wherever ounod or used by the City of Long 8each health care facilities.
for its operations or activities. C. Smoking by the occupants of private roans n~ay
C. "En~oioye~ means any parson uho is efroioyed by be l)ermitted in hospitals and nursing h~nes uhere
any enpLoyer for direct or indirect monetary uages aLL occupants of such private .roans are stool(ers.
or profit. HeaLth care facilities shaLL make a reasonat~[e
D. "Eml=ioyer" means any parson uho enl~ioys the effort to ascertain the preference of indivicluaL
services of any person other than himself o7 patients and assign rocks accordingly. '-
herself.
E. "EncLosed" means closed in by a roof and four 8.68.050 $NOI~IIIG PROHIBITED - PL~iLIC I,:i:~IIIG liOCIIS
waLLs uith at~repriate openings for ingress and ~noking is prohibited and is untaufui in-I:x~[ic -
egress but does 'not include areas co~nen[y meeting rooms, hearing rooms, conference roans,
described as ;x~biic Lobbies. ch;unpers and places of public assent)iy in uhich
F. "Ho;ion Picture Theater- means any theater public business is conducted, uhen the Fx~[ic
engaged in the business of exhibiting motion business requires or permits direct participation
pictures, or observation by the general public.
G. "PubLic PLace" means any enclosed area to
uhich the laUbiic is invited or in uhich the public 8.68.060'Sii01(IIIG PROIIIBITED - THEATERS
· is'.pem~tted, including, but not Limited to, re;aiL NA)ITORILII$
stores, retail service establishments, retail food A. ~noking is prohibited and is uniaufut in every
production end ~arketing establishments, ;x~biicly or privatety'ouned theater, auditorium, or
restaurants, theaters, uaiting ro~me, reception other enclosed facility uhich is olden to the. but~Lic
areas, educational facilities, health facilities for the pri~nary porpose of exhibiting any motion
and public transportation faci[ities. A private picture, stage drama, musical recitaL,, athletic
residence is not a "PubLic Piece-. event, or any other performance or event. Every
H. '"Service Line" means an indoor Line or area in ouner, manager or operator of such theater,
uhich persons auait service of any kind, regardless audi.;orion,-or other enclosed facility used for the
of uhether or not such service involves - ;he purposes stated herein, shaLL post signs
exchange of money. Such service shaLL include, but conspicuously in the Lol~2Y stating that smoking is
is'not Limited to, sales, providing inforn~tion, prohibited ~i.th~n the theater, ~auditoriun, or
directions, or advice and transfers of money or facility, and in case of motion picture theaters,
goods, such information shaLL be shoun upon the screen for
]. "Uorkpiace" means any-encLosed area of a at Least five seconds pefore shoving feature motion
structure or portion thereof occupied by any entity pictures.
B. This Section shaLL not al~)ky to any portion of ~3. Separate enclosed areas designated by the
such theater, auditoriun or other enclosed fact t i tv employer for smoking having separate Venti iation
during any period of time when it is Lease~ o, such that air from the. smoking area is exhausted
rented to any persoq, or entity for exclusive,, directLy outside and not recircuLated within the
private use; building or mixed with the generaL' diLution
C. This section shaLL not apply to public toc~., ventilation for the b~iLding. ~lindot~s which open
areas in ~hich there is no food served and i,n ~,c- to the outside shaLL not be deemed to comply with
there are no service Lines. this provision.
4. A private enclosed workplace occupied
8.M.070 $MOIClIIG i~I81TED.- PIJ~LIC RESTROCm~ excLusiveLy I:)y smoicers, even though such a
Smoking is prohibited and is unLawfuL in puc. ~: workplace ~my be visited by nonsmoicers, excel*ting
restrooms, places in which smoking is prohibited by the fire
nmrshatt or by other La,% ordinance or regulation. "--
8.b8.080 S3101C1116 PI~IBITED - lli~ SEilVIC~ LINEr` 5. Bars as defined in Section
S~okin9 is prohibited and is unLawfuL in inooor E. The provisions of Sections 8.b8.090 and
service tines in which more than one ~erson is 8.~8.100 shaLL govern the pul~tic access areas of
giving or receiving-services of any kind. such facilities; however, such em~toyers shat't
otherwise ccxnpty ~with provisions of this Section
8.68.0~0 $MOIClIIG PIIOIIIBITED -~ EATING ESTABLISBMENT$ 8.~. 110.
Smoking is prohibited and is unLawfuL in every
;x~ticty or privately o~e= coffee shoo, cafeteria, 8./J1.120 POSTING OF SlIDIS REQUIRED
short-order cafe, Luncheonette, sanc~ich shop, so~a Except where other signs are' re~luired, whenever
fountain, restaurant, or other eating estaPtishment in this Cede smoking is prohibited, conspicuous
serving foocl except for any portion of such signs shaLL be posted so stating, containing alt
facility which is utilized for bar purposes; capital Lettering not tess than one inch in height
pro¥ided, however, this prohibition shaLL not al~oty on a contrasting background. It is the duty of the
to any such establishment maintaining a contiguous o, tm~er, operator, marmBer., or other persons having
no smol(ing area of not tess than two thirds of both control of such room, building, or other place
the seating cabacizy and the floor space in which where smoking is prohibited, to post such signs or
customers are being served, excluding from said to cause such signs to be posted.
caLcuLations any portion of'such facility which is
Located outcl~ors and any portion of such facility 8.~8.1~0 STRUCTI~ MOOIFICATIOII$ MOT REQUIRED
vhich is utilized for bar purposes; further A. It shaLL be the resportsibitity of employers to
provided, however, that this prohibition shaLL not provide smoke-free areas for nonsmokers within
al:~oty to any rocxns t,d~ich are being used for private existing facilities to the maxiu extent possible,
fcnctions, but only white any such room is used for but employers are not required to incur any expense
such private functions. At the request of a to make structural or other physical modifications
~atron, the patron shaLL be seated in a nonsmoking in providing these areas.
area if avaiLabLe. B. I~othing in this Chaoter shaft rec;uire the
~ owner~, operator, or manager of any theater,
8.b8.100 $MOI(IMG PI~OIIIStlTED - RETAIL FO(ID auditorium, health care facility, or any puitding,
PI~IOll AND MARI(ETIIIG ESTABLISHMENTS facility, structure, or business, to incur any
~noking. is prohibited and unLawfuL in any retail expense to make structural or other I:~ysica[
foocl marketing establishments including grocery modifications to any area or workplace.
stores and supermarkets. C. Hothing in this Section shaLL relieve any
~ person from the duty to post signs or adopt
8.b~.110 REGULATIOM OF $MOIClIIG IM THE I~OIII(PLACE policies as required by this Chapter.
'A. Smoking is prohibited in att work ptaCes in
the City of Long 8each as defined in Section ~.68.1~ON)MlllISTRATIOII A]IO
8.68.020 (!). A. The no saoking ordinance established by this
B. Smoking is prohibited in conference and Chapter shaLL be a~Wainistered by the Department of
~eeting rooms, classrooms, auditoriums, restrecms, HeaLth and HL~r. an Services.
medical facilities, haLLways, elevators, employee B. Any person may register a cce~[aint for an~
tour~Jes, and co~mon areas, aLLeged non-compLiance with this Chapter with the
C. In cafeterias, tunchro~ms and other designated Department of HeaLth and H~maan Services.
eating areas,~ a No Smoking area of not tess than
two-thirds of both the seating area and square 8.68.150 EXEXPTIGII$
footage shaLL be'maintained. Any oMMr or manager of a business or other
D. This Section is not intended to regulate establishment subject to this Chapter may apply to
smoking in the foLLouing places and under the the City HeBLth Officer for an exemption, or
totLouing conditions: modification to any provision of this Chapter due
1. A private home which may serve as a uorkptace, to unusual .cJrctJnstances or conditions.
2. Any property owned, teased or used by govern- A: Such exemption shaLL be granted only if the
mental agencies other than the City of Long Beach. City HeaLth Officer finds from the evidence
presented by the applicant for exertion at a 8.6~.21)0 RETALIATION
puDLic hearing that the applicant -cannot cc~pLy' Mo person shaLL discharge, refuse to hire, or in
with provisiofls of this Chapter for which an ar~ other manner retaliate against shy e~1~Loyee or
exe~l~tion is r~tecl without'incurring expenses applicant exercising any ~ight or privi kege createq
for structural 'or other physical n~x~ifications, by this Chapter.
other than parting signs, to buildings and
strt~tures. 8.68.210 MA~)ATOI~Y ~tIJUl~:
B. The a~M~kicant for an execration shall pay Manaatory compliance with Section 8.643.170 shall
concurrent with the application, the fee, as not be requires prior to the ninety first day
prescribe~ by resolution of the City Council, to following enactment of this section.
cover cost 'of the hearing and noticing of the
hearing. CH~J~TER 5.30
VENDING MAC#INE$
8.68.160 CZT~ FACILITIES
There shaLL be no smoking in anyJ'City FeciLity" 5.~0.020 REGULATIOli OF I/IEI~)IIIG MACHINES -
as defir~-d in S~tion 8.6~).0~0 B notwithstanaing A. Each aha every operator shall be charges with
any exception or exe~1~tion containecl in any other the duty anti 'res):x)nsibiLit¥ of co,l~Liance with the
provisian of this Chapter, except Section 8.6~).060. following:
1. Except as hereafter set forth, those bersons
8.~.170 TaBJU~CX) PROIXJCT$ OISTIIIBLITIOII in direct management, supervision or control of the
&. No person or entity shall sell, or otherwise machine in the place of operation shall exercise
distriJ:xJte any cigarette or other tobacco product such oOservation, direction,and restraint over the
unless such cigarette or tobacco proauct is in the machine necessary to prevent any person under the
manufacturer*s original package with all .required age of eighteen years from procuring or purchasing
health warnings, the proauct thereof.
B. No person or entity shall distribute or · 2. Each machine shall be Located or placed in
furnish without charge or cause or authorize operation within clear and unoi~tructed Line of
distribution or furnishing of any cigarette or sight, but in no event more than fifteen feet from
other to,acco pr_n~__~_t in any public place or at any the position of an adult e~oLoyee responsible for
event to which the pl.~OLiC iS invited unless such stAoerv,ision of the machine. Where a machine cannot
activity is 8uthorized in a pemit for staging of a be supervised, as required in this section, it may
special event which is subject to revocation for be operated if eq~Jip~d with a remote control
violation of the requirement of S~Yosection A of device which enaPLes a responsible adult to hermit
this Section or where ,such tobacco products are s,ingte itefll irwdJvJduak purchases by persons over
distributed to minors, eighteent years of age upon request. .-
C. The provision of Subsection B shall not BI,ply q~. Machines may be placed in facto'ries, business
to private functions or nightcLui0s, where minors offices or other places of en~ioyment which do not
are not present anti such distribution is authorizeq e~ioy minors and are not oben to the general -
by the proprietor, puPLic WithOUt the restrictions set forth 'in
sul~sections 1 ancJ 2.
8.64).184) BXLLII~3AJ~) ADVERTISING 4. Each machine shall bear, in a conspicuous and
No berson or entity shall place, establish, keep, visible place, a valid License decal issues by the
· aintain or Locate any advertisement f.or any City of Long Beach.
tobacco preduct on any biLLboard within five B. No License or permit which authorizes nor
hur~dred feet of or so oriented that the massage permits the instaLLation or maintenance of any
portion of the sign is visible from any schooL, machines which disbenses any tobacco procluct in any
child care center, nursery schooL, hospitaL, place Location other than those described in Section A. "
of worship or recreational facility, above shaLL be issued or renewed.
C. CoaloLiance with the 1991~ amenmmnts of this-
.... ~ ........... 8.68.190 VIOLA?IONS Ali) PENALTIES section shaLL not become mandatory untiL the ninety
Any person.or entity violating any provision of first ~ay after enactment of the subject amenceent.
, this Chapter is guilty of an infraction, and upon
conviction thereof, shaLL be punished by a fine of
not Less than Fifty OoLLars for a first violation.
Fines for successive vioLations shaLL be set by the
Court but shaLL not-be Less than the fine for the
first offense unless the Court finds unusual
circt~stances to exist. Where a party has been
-' convicted of violation of any provision of this
Chapter, the City Prosecutor may file and prosecute
any subsecluent violation or-the same provision as
.either an infraction or a misdemeanor.
· Before the Board of Supervisors
County of Kern, State of California
92-622
In the matter of: Resolution No ..................
9211190
PROPOSED CONSTITUTIONAL Reference No ...................
AMENDMENT TO PROTECT LOCAL ~ '
PROPERTY TAX REVENUES ~. .
-- i, SU----iLASITER-PICK------~, Clerk o~~ of Supervisors of
the County of Kern, State of California,~o hereby certify that the
Ashburn
following resolution, proposed by Supervisor ,
seconded by Supervisor ~ood , was duly passed and
adopted by said Board of Supervisors a: an official meeting hereof
this 3rd day of November 92
, 19 , by the
following vote, to wit:
AYES: ~hburn, Austin, La~ood, SUE LASITER_piCKETT
Hetttnger; Shell
Clerk of the Board of Su~g-vieors, ~un~y of Kern,
ABSn~r: .o~e By
'~J~epucy clerk
Sec=ion 1. WHEREAS:
(a) Prior to the adoption of Proposition 13, counties
had an independent, stable and predictable source of revenues
through local proper~y taxes and were able to establish local
spending priorities and limits based on those revenues, and
(b) In 1978, the california voters passed PropositiOn
13, which enacted a constitutional limit restricting local ad
valorem proper~y tax rates to 1% of the assessed value of real
property; and
(c) Proposition 13 had the cffec: of reducing the
proper:y tax revenues of counties, cities and special districts by
approximately $6.5 billion annually; and
(d) In order ~o mitigate'the long =erm loss in proper~y
tax revenues to local jurisdictions,, in 1979 the Legislature
92-622
enacted AB 8 (Greens), which ss~ablished a formula for ~e
allocation of property tax revenues to all counties, cities,
special districts, and school districts, based in large part on
their historical share of local property tax revenues; and
(e) The funding formulas in AB 8 provides counties ~n
average with approximately 36% of locally-generated property tax
revenues, w£th £ndividual counties receiving as little as 19t and
as much as 84t of property taxes generated within their counties;
and
(f) To lessen the impact of Proposition 13, parc of the
AB 8 funding formulas involved & shift in property tax money from
schools to non-school local government agenc£es, with ~hese funds
being replaced by state general revenue dollars~ and
(g) This shift in property tax money from schools to the
non-school agencies was intended to provide local agencies in
California wi~h a permanent cushion against ~hs reduction in
property tax revenues caused by Proposition. 13~ and
(h) Counties serve a unique role in California by
administering programs required by state law in such areas as
heal,h, welfare and justice as well as.providing services which are
primarily local in nature, including firs prot~-~cion, law
enforcement and detention, parks and recreation, and libraries;
and
(i) Slnce~he enactment of Proposition 13, coun=ies have
been increasingly required to use ~.heir limited local proper~¥ tax
revenues to fund stats mandated proc/rams wi~h fewer resources
available for fund£nq essential local services and ~raditional
local programs; and
(J) The passage of Proposition 13 has resulted in a
fundamental change in tJae fiscal relationship.of ~hs s~a~e and the
counties by requiring ~he subs=i~ution of s~ate revenues for local
property ~ax revenues to fund required progra~s~ and
(k) In 1992, as a result of California~s most severe
budget crisis in recant history, the Legislature enacted ~hrse
bills, SB 617, SB.~44 and AB 3027, which reallocaCed $1.3 billion
in local proper~y tax revenues frma cities, counties and special
districts to K-12 schools and community colleges in order to free
up stats general fund dollars to balance the state budget;
(1) This shift in property tax revenues, together with
the already substantial burden of providing funding for state
mandated programs, has caused counties to severely restrict, or
eliminate traditionally locai programs and services, with a serious
£mpact on the ability of counties to provide adequate levels of law
enforcement, fire protection end other essential services =o local
residents; and
(m) Any further shifting in local property tax revenues
from local agencies will cripple=heir ability to provide essential
governmental services to their citizens;
Section 2. NOW, THEREFORE, IT. IS HEREBY RESOLVED by
Board of Supervisors of the County of Kern, State of California,
as follows:
1. This Board hereby requests ~hat the California
Association of Counties sponsor and promote, an amendment to
California constitution to be placed on ~Ao ~allo~ ~o ask voters
to approve a measure that will amend Section I of Article XIIIA° to
provide ~hat any appor~ionment of ad valorem pro~y taxes
· collected, locally be limited to preclude the Loqislat~Lre from
shifting, tax revenues from counties ~ha~ would resul~ in
imp&irmen= of essential local services such as fire protection and
law enforcement and in no event pro%ids the county wi~h less ~han
35% of the proper~y tax revenues collected in ~he county.
2. The Clerk of this Board shall forward this Resolution,
wi~h a letter signed by ~.he Chairman of ~his Board to each of the
fOllowing:
(a) The California Supervisors Association;
(b) The County Administrative Officers Association;
(c) The County Counsels Association.
3. The Clerk of this Board shall provide copies of f. his
Resolution to each of the following:
County Administrative Officer
County Counsel
SDS:gm/sds.r2
shell.rem
92.1010.05/1020
3
Bakersfield, California
OFFICE OF THE
FIFTH DISTRICT
SUPERVISOR
November 3, 1992
MARY K. SHELL
Board of Supervisors
11~5 Truxtun Avenue
Bakersfield, CA 93301
Dear Board Members:
I fear the Governor and State Legislature have just whetted
their appetites for local property taxes judging from actions
taken this year in balancing the state budget. This sample o~
what is possible under The law should cause great concern for
future funding of local essential services, particularly
sheriff and fire protection. ~-
As I see it, all local property taxes are at risk of being
confiscated by the State unless legal restrictions are imposed
by The people..
Therefore, I would like to recommend that our Board take the
lead by adopting a resolution to be. forwarded with a cover
letter signed by your chairman to:
1. The California Association of Counties (CSAC) by way
of our representative on The Board of Directors,
Supervisor Karl Het~inger:
2. The County Administrative Officers Association of
CSAC by way of our GAO Joe Drew, an officer in the
association: and~
3. The County Counsels' Association of CSA¢ by way of
our County Counsel Bernie Barmann, an officer in that
association.
The resolution would request that CSA~ sponsor and promote a
Constitutional Amendment on the State Ballot to ask voters to:
Approve. a measure that would protect local ad valorem taxes
(property taxes) from confiscation or use by a governmental
agency tha~ did not assess the tax.
The purpose, of course, is to reserve local property taxes
for funding local essential services for our people.
lllSTmxtunAvenue. · ~ke~field, CalifomiaP~01 · (~5)~1-2290
FAX(805).~l-2716