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HomeMy WebLinkAbout07/07/1994 B A K E R S F I E L D Patricia M. Smith, Chair Patricia J. DeMond Lynn Edwards Staff: Trudy Slater AGENDA , LEGISLATIVE AND LITIGATION ,COMMWI'EE Thursday, July 7, 1994 12:15 p.m. City Manager's Conference Room Second Floor ;'City Hall 1501- Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF JUNE 2, 1994 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS None 6. NEW BUSINESS A. LEGISLATIVE PLATFORM B. SB 1615 (GRAFFITI) C. AB 2595 (GRAFFITI) D. AB 3720 (TELECOMMUNICATIONS) 7. ADJOURNMENT T$:jp B A K E R fi F I E L D S~taaf~ ~firudl,y CsiatYterManager / Patricia M. Smith, Chair : Patricia J. DeMond Lynn Edwards AGENDA. SUMMA-RY REPORT LEGISLATIVE AND LITIGATION COMMIT17E~E Thursday, June 2, 1994 11:30 a.m. City Manager's Conference Room 1. ROLL CALL Members present: Councilmember Patricia M. Smith, Chair; Councilmember Patricia J. DeMond; Councilmember Lynn Edwards 2. APPROVAL OF APRIL 28, 1994 MINUTES Approved as submitted. 3. PRESENTATIONS None. 4. PUBLIC STATEMENTS None. Agenda Summary Report Legislative and Litigation Committee June 2, 1994 Page -2- 5. DEFERRED BUSINESS A. CITY ~OF MODESTO REQUEST FOR SUPPORT TO AMEND STATE LAW TO ALLOW CITIES TO IMPOSE FINAN(~IAL RESPONSIBILITY ON THE PERPETRATOR AND THE PARENTS OF MINOR CHILDREN WHO COMMIT ACrS OF GRAFFITI VANDALISM Staff reported that no responses ~had been received in response to Judy Skousen's memo of May 4, 1994 to Council explaining:ramifications of proposed Government Code Section $3069.4. Members directed the Acting City Attorney to prepare the resolUtion and-report.recommending:adoption: of~the -r. esol~tion~. B. CITY OF PASADENA REQUEST FOR SUPPORT OF RESOLUTION #7045 -ERADICATING RAMPANT VIOLENCE- NATIONAL LEAGUE OF CITIES RESOLUTION ON STOPPING CRIME AND VIOLENCE IN OUR CITIES AND TOWNS.- After discussion and minor revisions, members directed the Acting City Attorney to prepare a report and the proposed resolution recommending Council approval. 6. NEW BUSINESS A. RESOLUTION SETTING FORTH A POLICY THAT ALL MOTIONS NEED A SECOND OR THAT NO MOTION NEEDS A SECOND Members discussed two proposed resolutions regarding setting a policy that either all motions need a second to discuss or that no motion needs a second to discuss. Members were in favor of a policy that does not require a second to discuss. Members felt Council committees, as well as boards and commissions, should follow the same procedure. City Manager Alan Tandy mentioned that ali follow the Brown Act. B. RESOLUTION ESTABLISHING COUNCIL POLICY TO AUTHORIZE MEMBER(S) OF THE CITY COUNCIL TO ABSTAIN FROM VOTING ON MATrER(S) PENDING BEFORE THE CITY COUNCIL A discussion ensued on abstentions from voting and the ramifications of voting or not voting under certain conditions. Acting City Attorney Judy Skousen clarified Agenda Summary Report Legislative and Litigation Committee June 2, 1994 Page -3- that a reason for an abstention has to be given only for a conflict of interest. Members were in support of the Acting City Attorney's draft resolution on abstentions. .~C. ORDINANCE AMENDING SECTION 2.04.§30 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARLIAMENTARY LAW Members were in favor of an ordinance amending the Bakersfield Municipal Code to use Robert's Rules of Order as parliamentary law. The Acting City Attorney will prepare a committee report reflecting recommendations contained within 6A, 6B, and6C andthe attendant resolutions and ' ordinances. 7. ADJOURNMENT The meeting.adjourned at 1:55 p.m. Staff In Attendance: City Manager Alan Tandy, Acting City Attorney Judy Skousen, Administrative Analyst Trudy Slater TS:jp TEXT FOR SB1615, AB2595, AB3720 (6-30-94) California 1993-94 Regular Session Amended AMENDED IN SENATE APRIL 26, 1994 SENATE BILL No. 1615 Introduced by Senator Wyman February 22, 1994 An act to amend Sections 640.5 and 640.6 of, and to add Section 640.8 to, the Penal Code, relating to graffiti. LEGISLATIVE COUNSEL'S DIGEST SB 1615, as amended, Wyman. Graffiti: freeways: penalties. (1) Under existing law, it is an infraction punishable by a fine not to exceed $500 and the performance of community service, as specified, to affix graffiti, as defined, on certain property or facilities, as described. For 2nd and subsequent violations of that graffiti provision, existing-law makeS it-a m'isdem'eanor -punishable~ by county'jail time, fines, or the performance of community service, as specified. This bill would provide that, with respect to the first violation, the fine be doubled. The bill would also provide that, for the 2nd violation, the fine and the community service time be doubled, and that for the 3rd or subsequent violation the fine and community service time be tripled. The bill would make corresponding increases in the time allotted for completion of the performance of community service time. Because this bill would change the punishment for a crime, it would impose a state-mandated local program. (2) Existing law provides that any person who violates certain provisions regarding vandalism and graffiti offenses on or within 100 feet of a highway, or its appurtenances, as specified, is guilty of a misdemeanor, punishable as specified. This bill would, additionally, provide that any person who violates those provisions on [D> a <D] [A> the signs, signals, or other traffic control devices of a street or <A] freeway [D> or its appurtenances, as specified <D] IA> , in an obstructing manner <A] , is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 2 one year, by a fine not to exceed $5,000, or by both the imprisonment and fine. The bill would authorize the court to order, as a condition of probation, the defendant to perform community service not to exceed 480 hours over a period not to exceed 420 days dUring a time other than during, his or her hours of school attendance or employment. Because this bill would create a new crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: SECTION 1. Section 640.5 of the Penal Code is amended to read: 640.5. (a) Any person who writes, sprays, scratches, or otherwise affixes graffiti on or in the facilities or vehicles of a governmental entity, as defined by Section 811.2 of the Government Code, or on or in the facilities or vehicles of a public transportation system as defined by Section 99211 of tile Public Utilities Code, or on or in the facilities of or vehicles operated by entities subsidized by, the Department of Transportation, or on or in any leased or rented facilities or vehicles for which any of the above entities incur costs of less than two hundred fifty dollars ($250) for cleanup, repair, or replacement is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000) and by a minimum of 24 hours of community service for a total time not to exceed 100 hours over a period not to exceed 90 days, during a time other than during his or her hours of school attendance or employment. This subdivision does not preclude application of Section 594. (b) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 640.6, or 640.7, the offense is a misdemeanor, punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 3 condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than during his or her hours of school attendance or employment. (c) Every person who, having been convicted previously under this section or Section 594, 640.6, or 640.7, or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year. As a condition of probation, the court may order the defendant to perform community service not to exceed 900.hours over a period not to exceed 784 days during a time other than during his or her hours of school attendance or employment. · (d) (1)- Upon Conviction- of any'person-under~ subdivision (a),- the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person, or to pay for any related costs incurred by the cleanup,' repair, 'or replacement of the property.' (2) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine by the parent or legal guardian upon a finding of good cause. (e) Any fine levied for a violation of subdivision (a), (b), or (c) shall be credited by the county treasurer pursuant to Section 1463.29 to the governmental entity having jurisdiction over, or responsibility for, the facility or vehicle involved, to be used for removal of the graffiti. Before crediting these fines to the appropriate governmental entity, the county may determine the administrative costs it has incurred pursuant to this section, and retain an amount equal to those costs. Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 4 (f) As used in this section, graffiti means any form of unauthorized painting, writing, or inscription regardless of the content or nature of the material used in the commission of the act. SEC. 2. Section 640.6 of the Penal Code is amended to read: 640.6. (a) Except as provided in Section 640.5, any person who writes, sprays, scratches, or otherwise affixes graffiti on any real or personal property not his or her own, when the amount of the defacement, damage, or destruction is less than two hundred fifty dollars ($250), is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000). This subdivision does not preclude application of Section 594. In addition to the penalty set forth in this section, the court shall order the defendant to perform a minimum of 24 hours of community service not to exceed 100 hours over a period not to exceed 90 days during a time other than during his or her hours of school attendance or employment. (b) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction.of Section 594, 640.5, or 640.7, the offense is a misdemeanor, punishable by not to exceed six months in a county jail, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than during his or her hours of school attendance or employment. (c) Every person who, having been convicted previously under this section or Section 594, 640.5, or 640.7, or any combination of these offenses, on two separate occasions, and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted under this section, shall be punished by imprisonment in a county jail not to exceed one year. As a condition of probation, the court may order the defendant to perform community service not to exceed 900 hours over a period not to exceed 784 days during a time other than during his or her hours of school attendance or employment. (d) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 5 or (c), at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person, or to pay for any related costs incurred by the cleanup, repair, or replacement of the property. (e) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine by the parent or legal guardian upon a finding of good cause. Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. (f)-~As-used.-in this ~section; graffiti.--means-ar~y-fermef-unauthorized painting, writing, or inscription regardless of the content or nature of the material used in the commission of the act. SEC. 3. Section 640.8 is added to the Penal Code, to read: 640.8. Any person who violates Section 594, 640.5, or 640.6, on [D> a <D] [A> the signs, signals, or other traffic control devices of a street or <A] freeway, [D> or its appurtenances, including sound-walls, overpasses, overpass supports, guardrails, signs, signals, and other traffic control devices <D] [A>, in an obstructing manner <A], is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 480 hours over a period not to exceed 420 days during a time other than his or her hours of school attendance or employment. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XlIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 6 on the same date that the act takes effect pursuant to the California Constitution. END OF REPORT (SB1615.TXT) California 1993-94 Regular Session Amended AMENDED IN ASSEMBLY APRIL 25, 1994 AMENDED IN ASSEMBLY MARCH 17, 1994 ASSEMBLY BILL No. 2595 Introduced by Assembly Member Connolly [A> (Coauthor: Assembly Member Gotch) <A] January 27, 1994 An act to add Section 594.8 to the Penal Code, [A> and to amend Section 656 of the Welfare and Institutions Code, <Al relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST AB 2595, as amended, Connolly. Juveniles: graffiti: community service. Existing law specifies various offenses relating to graffiti and the punishments therefor, which include community service, or community service as a condition of probation [A>, and requires the parent or legal guardian to pay a fine levied for certain offenses, as specified, if the minor is unable to pay <A]. This bill would require any person convicted of [A> possession of a destructive implement with intent to commit graffiti or <A] willfully affixing graffiti under specified provisions, where the offense was committed when he or she was under the age of 18 years, to perform not less than [D> 8 <D] [A> 24 <A] hours of community service [A> , as TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 7 _specified <Al. The bill would provide that [D> if the case was adjudicated in the juvenile court, <DJ one parent or guardian shall be present at the community service site ID> for at least 1/2 of the hours of community service required under this provision <DJ IA> , as specified, except in certain instances, and would expand the liability of the parent or legal guardian to pay a fine which the minor is unable to pay <Al. By changing the penalty for a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason~ Vote: majority. Appropriation: no. Fiscal committee: yes-. State-mandated local program: yes. The people of the State of California do enact as follows: SECTION 1. Section 594~8-is added, to the-Penal Code, to-read: [D> 594.8. Any person convicted of willfully affixing graffiti under Section 594.2, 640.5, 640.6, or 640.7, where the offense was committed when he or she was under the age of 18 years, shall perform not less than eight hours of community service during a time other than during his or her hours of school attendance or employment. If the case was adjudicated in the juvenile court, one parent or guardian shall be present at the community service site for at least one-half of the hours of community service required under this section. <D] [D> SEC. 2. <D] [A> 594.8. Any person convicted of possession of a destructive implement with intent to commit graffiti or willfully affixing graffiti under Section 594.2, 640.5, 640.6, or 640.7, where the offense was committed when he or she was under the age of 18 years, shall perform not less than 24 hours of community service during a time other than during his or her hours of school attendance or employment. One parent or guardian shall be present at the community service site for at least one-half of the hours of community service required under this section unless participation by the parent, guardian, or foster parent is deemed' TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 8 by the court to be inappropriate or potentially detrimental to the child. <A] [A> SEC. 2. Section 656 of the Welfare and Institutions Code is amended to read: <A] 656. A petition to commence proceedings in the juvenile court to declare a minor a ward of the court shall be verified and shall contain all of the following: (a) The name of the court to which it is addressed. (b) The title of the proceeding. (c) The code section and' subdivision under which the proceedings are instituted. (d) The name, age, and address, if any, of the minor upon whose behalf the petition is brought. (e) The names and residence addresses, if known to petitioner, of both of the parents and any guardian of the'minor. If there is no parent or guardian residing within the state, or if his or her place of residence is~not known to petitioner, the petition shall also contain the name and residence address, if known, of any adult relative residing within the county, or, if there are none, the adult relative residing nearest to the location of the court. (f) A concise statement of facts, separately stated, to support the conclusion that the minor upon whose behalf the petition is being brought is a person within the definition of each of the sections and subdivisions under which the proceedings are being instituted. (g) The fact that the minor upon whose behalf the petition is brought is detained in custody or is not detained in custody, and if he or she is detained in custody, the date and the precise time the minor was taken into custody. (h) A notice to the father, mother, spouse, or other person liable for support of the minor child, that: (1) Section 903 makes that person, the estate of that person, and the estate of the minor child, liable for the cost of the care, support, and maintenance of the minor child in any county institution or any other place in which the child is placed, TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 9 detained, or committed pursuant to an order of the juvenile court; (2) Section 903.1 makes that person, the estate of that person, and the estate of the minor child, liable for the cost to the county of legal services rendered to the minor by a private attorney or a public defender appointed pursuant to the order of the juvenile court; (3) Section 903.2 makes that person, the estate of that person, and the estate of the minor child, liable for the cost to the county of the probation supervision of the minor child by the probation officer pursuant to the order of the juvenile court; and (4) the liabilities established by these sections are joint and several. (i) In a proceeding alleging that the minor comes within Section 601, notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged-and prosecuted before the juvenile court judge sitting as a municipal court judge. In those cases, the petition shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall explain the provisions of Section 170.6 of the Code of Civil'. Procedure.- ' .-- ~ ~- ---= :-'-- -.---" ~-~ ..... ' - - - (j) If a proceeding is pending against a minor child for a violation of [D> paragraph (7) of subdivision (a) of Section 640 <D] [A> Section 594.2, 640.5, 640.6, or 640.7 <Al of the Penal Code, a notice to the parent or legal guardian of the minor that if the minor is found to have violated that provision that (1) [D> any <DJ [A> a portion of the <A] community service [D> which may be <D] required of the minor [D> may <D] [A> shall <A] be performed in the presence, and under the direct supervision, of the parent or legal guardian [D> pursuant to subdivision (b) of Section 640 of the Penal Code <D] IA> unless otherwise specified in Section 594.8 of the Penal Code <A]; and (2) if the minor is personally unable to pay any fine levied for the violation of [D> paragraph (7) of subdivision (a) of Section 640 <D] [A> Section 594.2, 640.5, 640.6, or 640.7 <Al of the Penal Code, that the parent or legal guardian of the minor shall be liable for payment of the fine [D> pursuant to that paragraph <D]. [A> SEC. 3. <Al No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 10 changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the. same date that the act takes effect pursuant to the California Constitution. END OF REPORT (AB2595.TXT) California 1993-94 Regular Session Amended AMENDED IN SENATE JUNE 23, '1994 AMENDED IN SENATE JUNE 21, 1994 AMENDED IN ASSEMBLY MAY 24, 1994 AMENDED IN ASSEMBLY MAY 12, 1994 AMENDED IN ASSEMBLY APRIL 18, 1994 AMENDED IN ASSEMBLY APRIL 6, 1994 ASSEMBLY BILL No. 3720 Introduced by Assembly Members Costa and Rainey (Principal coauthor: Assembly Member Conroy) [A> (Coauthor: Senator Alquist) <A] February 25, 1994 An act to add Section 709.2 to the Pul~lic Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGEST AB 3720, as amended, Costa. Public utilities: telecommunications services. Under existing law, the Public Utilities Commission is vested with regulatory authority over public utilities. TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 11 This bill would require the commission to require competitive intrastate interexchange telecommunications service, subject to specified conditions. The bill would also require the commission to pursue all.reasonable and necessary legislative and judicial actions to open California's intrastate interexchange markets to full competition. These provisions would be known as the California Long Distance Telecommunications Consumer Choice Act. Since violations of orders, decisions, rules, or other requirements of the Public Utilities Commission are misdemeanors, this bill would impose a state-mandated local program by creating new crimes. The California Constitution requires the_state to.reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would specify that its provisions shall'not take effect unless AB 3643 of the 1993-94 Regular Session of the Legislature is enacted and takes effect. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: SECTION 1. This act shall be known and may be cited as the California Long Distance Telecommunications Consumer Choice Act. SEC. 2. The Legislature finds and declares as follows: (a) The Public Utilities Commission, in its November 1993 report entitled: ENHANCING CALIFORNIA'S COMPETITIVE STRENGTH; A STRATEGY FOR TELECOMMUNICATIONS INFRASTRUCTURE, recommends opening all telecommunications markets to competition and aggressively streamlining regulation to accelerate the pace of innovation. The first two specific recommendations set forth in the report are as follows: (1) Open all telecommunications markets, including local telephone TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 12 service to competitive entry by January 1, 1997. (2) Support the removal of federal barriers to open competitive entry into telecommunications and information markets in states that have opened all telecommunications markets. In particular, support efforts to lift the federal restrictions on long-distance, manufacturing, and cable programming offerings by California telephone companies at the time the Public Utilities Commission opens the local telephone market to full competitive entry at the end of 1996. (b) The United States Congress has under consideration a number of legislative initiatives intended to open local and long-distance telecommunications markets to competition. As an example, one measure removes federal barriers embodied in a federal court order and expressly deiegates to the states the authority to approve, in statute, open competitive intrastate interexchange telecommunications service. (c) The President of the United States, as expressed in public statements of the Vice president, has endorsed removal of federal barriers and the opening of all telecommunications markets to competition. (d) The United States District Court for the District of Columbia, in the modification of final judgment entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82-0192, reserved the long-distance service markets within the service areas for local exchange telephone companies, but other telecommunications companies have made competitive inroads into those markets and the Public Utilities Commission has announced it intends to allow open competition within the service areas. TeleCommunications providers that are not restricted by the federal court and are able to offer service both within and between service areas in California will have a significant competitive advantage over those companies still prohibited from offering competing services. The resulting loss of revenues to the local exchange companies will place upward pressure on basic exchange rates and could threaten the financial viability of those companies and the availability of universally affordable telephone services increasing the likelihood of forcing Californians into one of two groups; the "information rich" or the "information poor." (e) The California economy and the state's communications infrastructure will both benefit if all communications service providers are allowed to invest and compete on a fair and equal basis without the TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 13 outdated prohibitions imposed by the federal court. (f) Connecting all California homes and businesses to the information superhighway has the potential to position California on the leading edge of the telecommunications revolution. The emerging technologies will encourage economic growth and provide a variety of new benefits in may areas, including education and health care as examples, to all Californians. These technologies will also allow California business to compete in national and international markets. (g) California consumers and the state's economy will benefit from the elimination of federal court barriers that prohibit intrastate interexchange telecommunications service. Individual consumers will no longer be forced to pay long-distance charges for calling telephone numbers that, while located in the same community-of common interest, were arbitrarily placed in the service area of a different and more distant community. (h) California consumers and the state's economy will benefit from increased and enhanced competition in the provision of intrastate interexchange telecommunications services, especially if the largest telecommunications provider headquartered in the state is allowed to compete in this market. (i) The risk of unfair competition or anticompetitive behavior that might result from opening this market to local telephone companies can be minimized by appropriate regulatory safeguards, oversight, and state and federal antitrust laws. (j) It is the intent of the Legislature in enacting this act that, in permitting local exchange telephone corporations to provide intrastate interexchange telecommunications service, jobs be created for California residents. (k) It is the intent of the Legislature in enacting this act that a local exchange carrier, upon entering the intrastate interexchange market pursuant to this act, will provide customers with rates guaranteed to be lower than the rates of other long-distance carriers in effect as of June 1, 1994. SEC. 3. Section 709.2 is added to the Public Utilities Code, to read: TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 14 709.2. (a) The commission shall authorize fully open competition for intrastate interexchange telecommunications service, otherwise known as intrastate interLATA, or intrastate service between local access and transport areas, in California if federal legislation or court action amends the modification of final judgment entered by the United States District Court for the District of Columbia in United States v. Western Electric, Civil Action No. 82-0192, to allow open competition in that service. (b) (1) If neither federal law nor court action has authorized full intrastate interexchange competition [D> by January 1, 1995 <D], the commission shall order the opening of all intrastate interexchange telecommunications markets to full competition, and the commission shall order, no later than [D> July <DJ [A> October <A] 1, 1995, all telephone corporations subject to the restrictions in the modification of final judgment to offer full intrastate interexchange service, and to seek a waiver of the interexchange telecommunications service restriction from the federal court overseeing the modification of final judgment. The service may be offered through resale and through facilities owned by the telephone corporations. (2) If the federal district court denies the waiver request, and an appeal is taken and the federal Court of Appeals affirms the .denial and refuses to remand the waiver request to the federal district court for further review, and review is sought in the United States Supreme Court and that court refuses to review or reviews and affirms the lower court decisions denying the waiver, and the commission determines that all reasonable legal recourse has been exhausted by the telephone corporation, the commission shall rescind the order. (3) No order shall be implemented, nor services marketed by the telephone corporations until a waiver is granted or until federal legislation or court action amends the modification of final judgment to allow open competition in intrastate interexchange telecommunications service. (4) If any !egal action is brought in federal or state court against the commission as a result of this section, the commission shall establish a special account to track all legal expenses incurred by the commission as a result of the action. If the commission determines to respond to the action, the commission shall enter into an agreement with the telephone corporations subject to an order issued under paragraph (1) to provide for the remission to the commission on an annual basis, TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 15 the total expenses in the special account. The amounts remitted shall not be recovered through rates. (c) No commission order authorizing or directing competition in intrastate interexchange telecommunications shall be implemented until the commission has done all of the following: (1) Ensured that all competitors have fair, nondiscriminatory, and mutually open access to exchanges currently subject to the modified final judgment and interexchange facilities, including fair unbundling of exchange facilities, as prescribed in the commission's Open Access. and Network Architecture Development Proceeding (I. 93-04-003 and R. 93-04-003). (2) Ensured that there-is no anticompetitive behavior by the local exchange telephone corporation, including unfair use of subscriber information or unfair use of customer contacts generated by the local exchange telephone corporation's provision of local exchange telephone service. (3) Ensured that there is no improper cross-subsidization of intrastate'interexchange telecommunications service' by requiring separate accounting records to allocate costs for the provision of intrastate interexchange telecommunications service. (4) Ensured that there is no substantial possibility of harm to the competitive intrastate interexchange telecommunications markets. (d) The opening of intrastate interexchange telecommunications markets to competition pursuant to subdivision (b) shall not precede, but may be coincident with, the opening of competition within the local exchange markets, as expressly authorized by the commission, subject to subdivision (c). [A> (e) No part of this section shall be construed as constituting a state action within the meaning of Parker v. Brown, 317 U.S. 341. <A] SEC. 4. This act shall not take effect unless Assembly Bill 3643 of the 1993-94 Regular Session of the Legislature, is enacted and takes effect. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XlIIB of the California Constitution because the TEXT FOR SB1615, AB2595, AB3720 (6-30-94) Page 16 only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. END OF REPORT (AB3720.TXT) CITY OF BAKERSFIELD 993-94 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. IT, THERI-~ORE, IS ENCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP WITHIN THE CITY'S BORDERS AS WELL AS WHEN DEALING WITH OTHER LEGISLATIVE ENTITIES. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CiTY OF BAKERSFIELD FOR 1993-94. GENERAL POMCY STATEMENT,~ SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S ABILITY TO FINANCE AND ECONOMICALLY, EFFICIENTLY, AND EFFECTIVELY PROVIDE LOCAL DISCRETIONARY AND STATE OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. OPPOSE LEGISLATION WHICH ALLOWS STATE CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. QUALrrY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS AIR QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION IN STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES CONTINUED FUNDING OF RECREATIONAL AND OPEN SPACE PROGRAMS OF SUPPORT. SUPPORT LEGISLATION THAT CALLS FOR APPROPRIATE MUNICIPAL REPRESENTATION ON POLICY-MAKING BODIES WITH INTERJURISDICTIONAL POWERS (I.E., LAFCO, COG, ID-4). SUPPORT DRUG ABUSE PREVENTION LEGISLATION. 1993-94 LEGISLATIVE PLATFORM PAGE 2 ,GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABIUTY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS, FINANCES SUPPORT LEGISLATION ADVOCATING RESPONSIBLE AND REASONABLE STATE-MANDATED PROGRAMS IF REVENUES ARE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE C~TY. OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES. SUPPORT LEGISLATION WHICH IMPROVES CiTY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS, SUPPORT LEGISLATION WHICH PROMOTES CONTINUED ECONOMIC DIVERSIFICATION OF-THE LOCAL ECONOMY, (LEGIPLAT) (OCTOBER 1993) CiTY OF BAKERSFIELD 993-94 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. IT, THEREFORE, IS ENCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP WITHIN THE CITY'S BORDERS AS WELL AS WHEN DEALING WITH OTHER LEGISLATIVE ENTITIES. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 1993-94. .GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S ABILITY TO FINANCE AND ECONOMICALLY, EFFICIENTLY, AND EFFECTIVELy PROVIDE LOCAL DISCRETIONARY AND STATE OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY, OPPOSE LEGISLATION WHICH ALLOWS STATE CONTROL OVER AND USE OF TRADITIONAL. MUNICIPAL GOVERNMENT REVENUE SOURCES. QUALrFY OF LIFF SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS AIR QUAUTY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOMD WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION IN STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES CONTINUED FUNDING OF RECREATIONAL AND OPEN SPACE PROGRAMS OF SUPPORT. SUPPORT LEGISLATION THAT CALLS FOR APPROPRIATE MUNICIPAL REPRESENTATION ON POLiCY-MAKING BODIES WITH INTERJURISDICTIONAL POWERS (I.E., LAFCO, COG, ID-4). SUPPORT DRUG ABUSE PREVENTION LEGISLATION. 1993-94 LEGISLATIVE PLATFORM PAGE 2 GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS. FINANCES SUPPORT LEGISLATION ADVOCATING RESPONSIBLE AND REASONABLE STATE-MANDATED PROGRAMS IF REVENUES ARE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. OPPOSE THE IMPOSITION Of FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES. SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED ECONOMIC DIVERSIFICATION OF THE LOCAL ECONOMY. (LEGtPLAT) (OCTOBER 1993)