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HomeMy WebLinkAbout10/08/1996 BAKERSFIELD Randy Rowles, Chair Irma Carson Jacquie Sullivan Staff: Trudy Slater AGENDA SPECIAL MEETING LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, October 8, 1996 5:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF JULY 25, 1996 SPECIAL MEETING MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS 6. NEW BUSINESS A. POSITIONS ON LEAGUE OF CALIFORNIA CITIES RESOLUTIONS 7. ADJOURNMENT TS:jp FILE COPY NOTICE OF SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE OF THE COUNCIL OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that the Legislative and Litigation Committee of the City Council will hold a Special Meeting for the purpose of a Committee Meeting on Tuesday, October 8, 1996, at 5:00 p.m., in the City Manager's Conference Room on the second floor of City Hall, Suite 201, 1501 Truxtun Avenue, Bakersfield, California, to consider: 1. ROLL CALL 2. APPROVAL OF JULY 25, 1996 SPECIAL MEETING MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS 6. NEW BUSINESS A. POSITIONS ON LEAGUE OF CALIFORNIA CITIES RESOLUTIONS 7. ADJOURNMENT October 1, 1996 ~,~ ~..~..~ Trudy Sla~r, Administrative Analyst TS:jp FILE COPY A arC~ndy, C~nager Randy Rowles, Chair Staff: Trudy Sla'[er Irma Carson Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Thursday, July 25, 1996 4:30 p.m. City Manager's Conference Room- 1. ROLL CALL Called to order 4:55 p.m. Members present: Councilmembers Randy Rowles, Chair; Irma Carson; and J'acquie Sullivan 2. APPROVAL OF FEBRUARY 1, 1996 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. NATIONAL LEAGUE OF CITIES INFORMATION Staff explained that the information on the National League of Cities had been distributed as follow-through to a prior committee request. Councilmember Carson Agenda Summary Report Legislative and Litigation Committee July 25, 1996 Page -2- indicated that the NLC benefits cities, and that it is not necessary to belong to attend its conferences. The NLC provides a connection that is not otherwise available to cities at the national level. There was general agreement among Committee members that the NLC provided valuable services. Committee Members Sullivan and Rowles agreed it would be valuable for Councilmembers attending NLC conferences to report back to Council with their findings. Chairperson Rowles indicated that the information distributed.could be used if the NLC issue is revisited at a future time. 6. NEW BUSINESS _ A. REVIEW OF PROPOSED CHANGE TO SECTION 17.04.285 OF THE BAKERSFIELD MUNICIPAL CODE DEFINING FOOD AND/OR SHELTER SERVICE AGENCIES B. REVIEW OF PROPOSED CHANGE TO SECTION 12.56.050 OF THE BAKERSFIELD MUNICIPAL CODE ADDING SUBSECTION O, PROHIBITING OPERATING FOOD AND/OR SHELTER AGENCIES IN CITY PARKS Chairperson Rowles indicated that since items A and B were so closely linked that they would be discussed together. City Attorney Skousen explained that the proposed ordinances are one way to attempt to resolve issues raised during recent daily feeding program in Central Park and the unintended negative secondary consequences of those feedings in and around Central Park. Committee Member Carson felt the ordinances would curtail church activities in City parks, especially those with large feeding programs, and indicated her resistance to governmental involvement in church activities. Alternatives to the proposed ordinances included stronger code enforcement, removing the pool at Central Park, and fencing of properties that needed to be protected. Chairperson Rowles indicated that Community House is used by seniors during the day and that the Junior League uses it at night. The City built the Homeless Shelter to assist the homeless. The proposed ordinances would allow the City to bring life into the parks and make enforcement manageable. Committee Member Sullivan indicated that the daily feeding encouraged transients to stay in the Park, and a daily feeding program was not appropriate. A real focus Agenda Summary Report Legislative and Litigation Committee July 25, 1996 Page -3- needed to be placed on bringing Central Park back to a pretty park for everyone's use and eliminate disappointments and concerns about safety. City Attorney Skousen indicated that the ordinance could be passed independently. Chairperson Rowles made a motion to move both ordinances forward to Council for approval. Committee Member Sullivan seconded the motion. Committee Member Carson abstained, indicating she would prepare a minority report in opposition to the ordinances. Staff will prepare a majority report for the Committee and assist Committee Member Carson in the preparation of the minority report. 7. ADJOURNMENT The meeting adjourned at 5:40 p.m. Staff Attendees: City Attorney Judy Skousen, Deputy City Attorney Virginia Gennaro; Administrative Analyst Trudy Slater Public Attendees: None  ~_~t~_~ ~. September 16, 1996 TO: MAYORS AND CITY MANAGERS ~:~! \ MEMBERS OF THE LEAGUE BOARD OF / DIRECTORS ] MEMBERS OF LEAGUE POLICY , COMMITTEES LCACUC 01: MEMBERS OF GENERAL CALII:OI lllA CITII::S so v ONS Note to Ci_ty Managers and Ci.ty Clerks: Please make immediate distribution to the mayor and to other city officials planning to attend the 1996 Annual Conference. If additional copies are required, we urge you to reproduce them in your city. Additional copies are not available from the League, but copies will be available at the Conference. RE: TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS This packet contains: I. [ntbrmation and Procedure II. Guidelines tbr Annual Cont~rence Resolutions III. Location of Meetings IV. Membership of General Resolutions Committee V. Preliminary History of Resolutions VI. Annual Conference Resolutions I'LEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE - - - October 13-15.1996 -- Anaheim - - - III. LOCATION OF MEETINGS Policy Committee meetings will be as follows: Sunday. October 13. 1996 - 9 and 10:30 a.m. - Anaheim Convention Center Policy Committee Time Room Administrative Services 9 a.m. B-4 Community Services 9 a.m. B-5 Environmental Quality 9 a.m. B-6 Housing, Comm. & Econ. Development 10:30 a.m. B-1 Public Safety 10:30 a.m. B-2 Revenue and Taxation 10:30 a.m. B-3 [NOTE: The Employee Relations Policy Committee and the Transportation, Communications and Public Works Policy Committee will not be meeting at the Annual Conference. Neither committee had any assigned resolutions, and each completed all outstanding business at their September meetings. ] General Resolutions Committee Room A-10 Anaheim Convention Center (Monday, October 14, 1996 1:30 p.m.) General Assembly at the Annual Business Meeting - Room A-1 Anaheim Convention Center (Tuesday, October 15, 1996, 9:30 a.m.) II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the standing policy committees and the Board of Directors. The process allows for timely consideration of issues in a changing environment and assures broad access for city officials to both initiate and influence policy decisions. This influence may be exercised directly through participation as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue under the committee's purview. If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the Board of Directors. Annual Conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. The issue addressed in the resolution has a direct relation to municipal affairs. 2. The issue is not of a purely local or regional concem. 3. Generally, the recommended policy should not restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a general direction for the League by setting forth general principles around which more detailed policies may be developed by the policy committees and Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League Bylaws. Resolutions to amend the League bylaws will require a two-thirds vote by the General Assembly for approval. iii 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 KEY TO ACTIONS TAKEN 1. Policy Committee - Preliminary A - Approve 2. Policy Committee - Final D - Disapprove 3. General Resolutions Committee N - No Action 4. General Assembly R - Refer to appropriate policy committee for study Action Footnotes a - Amend * Subject matter covered in another resolution Aa - Approve as amended ** Policy Committee will make final recommendation at October 13 meeting Aaa - Approve with additional amendment(s) *** Existing League policy 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 are reported on the floor of the General Assembly.] IV. General Resolutions Committee League of California Cities 98th Annual Conference - Anaheim, October 13-15, 1996' (';hair: Ron Bates, Council Member, Los Alamitos ~: Trixie Johnson, Vice Mayor, San Jose r~: Judge Thomas M. Jenkins (Ret.), Superior Court, San Mateo County Deborah Acosta, City Manager, Pleasanton Ann Ritzma, Asst. to the City Manager, Albany Irma Anderson, Council Member, Richmond Ron Roberts, Council Member, Temecula Jim Bagley, Council Member, Twentynine Palms Elaine Rominger, Mayor, Woodland Robert Bartlett, Mayor, Monrovia Helen Rucker, Mayor Pro Tem, Seaside James Biery, Dir. of Public Works, South Gate Max Ruffcorn, Mayor, Lakeport Robert S. Biery, Dir. of Finance, Thousand Oaks Bill Ruh, Planning Commissioner, Montclair Lara Blakely, Council Member, Monrovia Marcine Shaw, Council Member, Compton Anna Caballero, Mayor Pro Tern, Salinas Amanda Susskind, City Atty., Hidden Hills Linda Calandra, Mayor Pro Tern, Fresno Art Takahara, Council Member, Mountain View Willi Campbell, Mayor, Solvang James S. Thalman, Mayor Pro Tern, Chino Hills Victor Carrillo, Mayor, Calexico George Tockstein, Asst. City Mgr. Santee Darryl Choates, Council Member, Seaside William Vaughan, Mayor, Norco Richard Cullinen, Council Member, Cotati Jack Wong, Dir. of Comm. Dev., Huntington Park David Dhillom Council Member, E1 Centro Judy Wright, CoUncil Member, Claremont N,-mcy Dillon, City Clerk, Thousand Oaks John Ferraro, Council President, Los Angeles ?atricia Figueroa, Council Mem., Mountain View Wally Gregory, Vice Mayor, Visalia Tina Hansen, Council Member, Signal Hill Michael Hernandez, Council Mem., Los Angeles Jack Hoffman, Pers. & Emp. Reis Dir., Glendale Mary Hombuckle, Council Member, Costa Mesa Larry Houghton. Vice Mayor, Yountville Norma Jellison, Mayor, E1 Cerrito Terry Johnson, Council Member, Oceanside Joe Kleitman, Vice Mayor, Mountain View Craig Lake, Council Member, Lemon Grove Richard Lang, Mayor, Modesto Robin Reeser Lowe, Vice Mayor, Hemet Ron Lowenberg, Police Chief, Huntington Beach Rosario Matin, Council Member, Huntington Park Kathryn McCullough, Council Mem., Lake Forest Fran Parley, Mayor Pro Tern, Agoura Hills ?hil Pennino. Vice Mayor. Lodi Charlotte Po~vers, Council Member, San Jose Oscar Rios, Council Member, Watsonville Number Key Word I.ndex Reviewing Body Actio~ COMMITTEE ON REVENUE AND TAXATION 1 2 3 4 Voter Approval for Revenue Measures N [NOTE: No resolutions were assigned to Employee Relations' or Transportation, Communications, and Public Works policy committees.] RESOLUTIONS INITIATED BY PETITION Resolution General Committee Assembly Recommendatior Action viii Number Key Word Index Reviewing Body Action COMMITTEE ON ADMINISTRATIVE SERVICES I 2 3 4 1 Presidential Appointments to Policy Committees ** 2 Appointment of Policy Committee Chairs and Vice Chairs D 3 Composition of the Board of Directors (Bylaws Amendment) D 4 Business Confidentiality and Customer Privacy for Municipal Utilities A 5 Open Meetings of Governmental Agencies A COMMITTEE ON COMMUNITY SERVICES 1 2 3 4 6 Media Literacy Aa ~7 Human Dignity and a Zero Tolerance/hr Hate Crimes Aa COMMITTEE ON ENVIRONMENTAL O_UALITy 1 2 3 4 Electric Industry Restructuring Aa Air Quality Funds Aa Urban Forestry Programs ** Brownfield Development *** COMMITTEE ON HOUSING. COMMUNITY AND ECONOMIC DEVELOPMENT 1 2 3 4 Brownfield Development ** COMMITTEE ON PUBLIC SAFETy 1 2 3 4 · '7 Human Dignity and a Zero Tolerance for Hate Crimes Aa 12 Criminal Alien Impacts on Local Government Aa 13 Fire Extinguishers A vii 2. RESOLUTION RELATING TO APPOINTMENT OF POLICY COMMITTEE CHAIRS AND VICE CHAIRS Source: Desert/Mountain Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS, the League of Califomia Cities has established policy committees; and WHEREAS, the policy committees consist of representation from the various divisions, departments, and appointments made by the League president; and WHEREAS, to ensure that policy committees meet regularly and are run efficiently there is a chair and vice chair appointed; and WHEREAS, the president of the League of California Cities currently appoints the chair and vice chair of policy committees; and WHEREAS, the divisions are the driving force behind the League of California Cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League amend its policy as follows: 1. The chair and vice chair of each policy committee is to be elected by each committee within its membership; 2. The election of the chair and vice chair is to be conducted at the first policy committee meeting following the annual General Assembly meeting at the League's Annual Conference; 3. The chair and vice chair shall serve for one year from the date of election, and shall be eligible to serve more than one tenn. 3. RESOLUTION RELATING TO THE COMPOSITION OF THE BOARD OF DIRECTORS (Bylaws Amendment) Source: Desert/Mountain Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS, the Board of Directors has become too large to properly represent the League of California Cities membership; now, therefore, be it VI. ANNUAL CONFERENCE RESOLUTIONS COMMITTEE ON ADMINISTRATIVE SERVICES 1. RESOLUTION RELATING TO PRESIDENTIAL APPOINTMENTS TO POLICY COMMITTEES Source: · City of Carson ~: Administrative Services Committee Preliminary Recommendation to Resolutions Committee: Policy Committee will mak~ final recommendation at October 13 meetine. - Final Recommendation to General ResOlutions Committee: 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 Califomia Cities has established through its Bylaws an organi?ational structure that includes a President, Board of Directors, Regional Divisions, Departments and committees; and WHEREAS, the President has the authority to appoint representatives to policy committees in addition to the division and department appointments; and WHEREAS, by action of the General Assembly at the League's Annual Conference in San Francisco, October 24, 1995, the President's authority to appoint representatives to policy committees was reduced to seven (7) per committee; and WHEREAS, this action denied many elected officials the opportunity to serve on these, policy committees; and WHEREAS, the League of California Cities encourages active participation by its members, provides training oppommities through involvement in committees and task forces, which in mm develops our furore leaders; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League amend its policy to state that the President of the League of California Cities shall be permitted fourteen (14) appointments per policy committee, and those members term shall nm concurrently with the President's term. 4. RESOLUTION RELATiNG TO BUSiNESS CONFIDENTIALITY AND CUSTOMER PRIVACY FOR MUNICIPAL UTILITIES Source: City of Palo Alto Referred t9: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approvg Final Recommendation to General Resolutions Committee: WHEREAS, dozens of California cities own and operate municipal water, gas, electric, and/or other utility enterprises; and WHEREAS, the Califomia Public Utilities Commission (CPUC) substantially deregulated the gas industry beginning in 1986, thus allowing municipally-owned gas utilities to compete with investor-owned utilities in seeking favorable gas supply and transportation contracts; and WHEREAS, the CPUC has initiated proceedings which will deregulate and restructure the electric industry in order to create a more competitive and cost efficient market; and WHEREAS, investor-owned utilities, such as Pacific Gas & Electric and Southern California Edison, carefully protect the confidentiality of proprietary business and customer information in order to remain competitive in the marketplace and to protect customer privacy interests; and WHEREAS, in order to provide fair oppommities for business competition by municipally- owned utilities, the confidentiality of certain business-related utilities information contained in public records must be protected; and WHEREAS, the California Constitution requires that personal information about municipal utility customers must be protected from unwarranted disclosure; and WHEREAS, the Califomia Public Records Act, having been enacted before deregulation of the utility industry, does not contain adequate provisions to allow municipal utilities to protect the confidentiality of proprietary business information and customer privacy; and WHEREAS, in order to remain viable and competitive, municipal utilities can and must have the same degree of business confidentiality protection as investor-owned utilities; and WHEREAS, in order to protect the privacy interests of municipal utility customers, personal customer information held by municipally-owned utilities must be protected from unwarranted disclosure; now, therefore, be it RESOLVED, by the General Assembly of the League of Califomia Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support legislation that will provide municipal utilities and their customers with business confidentiality and personal customer information privacy protection that is equivalent to that which is currently enjoyed by investor-owned utilities and their customers. 4 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League amend Article IV, Section 1 of its bylaws to limit the composition of the Board of Directors as follows: ARTICLE IV - BOARD OF DIRECTORS Section 1. Board of Directors. The affairs of the League shall be conducted by a Board of Directors composed of the following: President. First Vice-President. and Second Vice-President of the Leaeue' (.h) (-a-) The Junior Past PreSident of the League, who shall serve for a term of one year, immediately succeeding his or her term as President; Each Division shall appoint one Board Member with an alternate; Ld_) Each Department shall appoint one Board Member with an alternate; (e) Members of the National League of Cities Board of Directors who hold an office in a California city. Directors shall hold office until their successors are elected and qualified or, if they sit on the Board by virtue of their membership on the National League of Cities Board of Directors, until their terms on the National League of Cities Board of Directors expire. 3 WHEREAS, graphic violence ignores the human cost of making violence acceptable by imitation; and WHEREAS, despite these facts, those involved in the creation, production, and distribution of materials depicting graphic violence, engage in the recurring cycle of accusation that results in collective abdication of responsibility for the extent of violence in the media and the consequences of such violence on our cities; and WHEREAS, censorship and technological restrictions are no substitute for individuals' and families' learning the skills of critical viewing, making informed choices, and managing time spent with all forms of media, particularly in relation to parental responsibility for children's television viewing; now, therefore, be it RESOLVED, by the General Assembly of the League ~of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League take a position in opposition to the overuse of violence in the media and actively promote community education programs which teach the skills of critical viewing. RESOLUTION RELATING TO HUMAN DIGNITY AND A ZERO TOLERANCE FOR HATE CRIMES Source: Orange County Division Referred to: Community Services Policy Committee and Public Safety Policy Committee Preliminary Recommendation of Community Services Policy Committee: Approve as Amended Preliminary Recommendation of Public Safety Policy Committee: Approve as Amended Final Recommendation to General Resolutions Committee: Community Services Amendment (See pg. 11. Resolution #7, for Public Safety version.) WHEREAS, within the cities of California there are residents who represent every walk of life, many nations, varied lifestyles, and different religious beliefs, and this diversity brings to our state a rich and varied cultural heritage; and WHEREAS, our citizens honor and respect the diversity that exists in the state and when acts of hate are committed against any citizen, it is considered an act against the entire community; and WHEREAS, the cities of California declare that everyone should be treated with courtesy and respect, regardless of their racial background, nation of origin, religion practiced, sexual orientation, gender, or disability status, and it is the right of all citizens to pursue their daily lives with the knowledge that they will not be physically harmed or verbally abused; and 5. RESOLUTION RELATING TO OPEN MEETINGS OF GOVERNMENTAL AGENCIES Source: Desert/Mountain Division R_t, ftaX.;.0_~: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve · Final Recommendation to General Resolutions Committee: WHEREAS, the public has placed their trust in government to govern ethically; and WHEREAS, government sometimes takes actions that bring their ethics into question; and WHEREAS, government needs to set the highest ethical standards and adhere to them; now, therefore, be it , RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support legislation that requires: 1. All governmental agencies to conduct their activities with the highest level of ethical standards; 2. The State Legislature conduct all legislative deliberation under the open meeting laws of the Ralph M. Brown Act, specifically that the State Budget deliberations be held in open meetings to allow citizens to fully understand the significance of legislative decisions on their local governments; 3. No governmental agency shall pass laws exempting itself or any other governmental body from the requirements of the law. COMMITTEE ON COMMUNITY SERVICES 6. RESOLUTION RELATING TO MEDIA LITERACY Source: Community Services Policy Committee ~: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, violent crime is a major concern and cost to cities in California; and WHEREAS, studies have established that consistent and repetitive exposure to violence on screen and in print increases the acceptance of violence in our cities and predisposes some persons to actual violence, leading to a higher incidence of violent crime, especially among youth; and 5 COMMITTEE ON ENVIRONMENTAL QUALITY 8. RESOLUTION RELATING TO ELECTRIC INDUSTRY RESTRUCTURING Source: Council Member Mike Siminski, City of Lompoc Referred tO: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, California's Constitution specifically grants the authority to local government to provide electricity service, resulting in more than 30 percent of California residents and businesses being served by,electric service from local government-operated electric utilities; and WHEREAS, municipal utilities are governed by either directly-elected or appointed governing bodies, and their consumers, who are the owners of the municipal electric utility, participate in the rate- making decisions of the utility; and WHEREAS, the League Of California Cities historically has opposed CPUC intrusion into the activities of municipal utilities and has adopted policy guidelines regarding electricity restructuring that state, "No restructuring proposal should abridge the existing authority of municipal utilities to operate or abridge the ability of cities to form municipal utilities in the future,"; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League reaffirm its support of electric service by consumer-owned public power municipal utilities and encourage the continuation of the "home rule" authority vested in California's cities; and be it further RESOLVED, that the League' continue to participate in the electric industry restructuring debate to ensure that no erosion of local government authority occurs; and be it further RESOLVED, that the League oppose all legislation that erodes the ability and authority of municipal utilities to operate. 9. RESOLUTION RELATING TO AIR QUALITY FUNDS Source: Los Angeles County Division Referred tO: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, local governments have an important role to play in California's efforts to achieve clean air fbr its citizens; and WHEREAS, a hate crime is any criminal or attempted criminal act that is motivated by the victim's race, ethnicity, religion, sexual orientation, gender, or disability status, which may involve a verbal, written, or physical action th~at is intended to create emotional suffering, physical harm, or property damage; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support a policy that affirms human dignity and strives to permanently eliminate all hate crimes, and has a zero tolerance for any hate crimes within our respective cities and that the cities of California agree in the strongest terms that they will vigorously fight criminal activity known as "hate crime" with all of the resources at their disposal; and be it further RESOLVED, in support of this declaration, that the cities of California send these messages: To our communities we say, "Believe in the interdependence of all people. Participate at your places of worship and community meetings, and lend your voice in opposing hate"; To our schools we say, "Continue your programs and curricula which promote respect towards those who are different. Call on resources of your city, county, state, and the nation as you engage in the educational process to battle hate"; To the parents we say, "Act as positive role models for your children by demonstrating tolerance towards those whose race, nationality, religion, sexual orientation, gender, or disability status may be different from yours. You are the most powerful influence on your children's behavior"; To the young people we say, "Educate yourselves to the ways of the world and the lessons of history., Develop sensitivity toward the feelings of others. Thus, as you grow into adulthood and become society's leaders, you will be more effective in the fight to preserve man's humanity toward man"; and be it further RESOLVED, that since silence and apathy are the greatest allies of those committing hate crimes, if you are a victim or a witness of a hate crime, go to the nearest telephone, call 9-1-1 and say "I want to report a hate crime;" with those seven words, you will instantly have as an ally the full resources of the cities of California; you are not alone!; and be it further RESOLVED, that the cities of California warn those who advocate or perpetrate hate, not to test the cities' resolve to oppose them as each city is encouraged to vigorously pursue a course of investigation, apprehension, prosecution, conviction, and incarceration of all those who participate in hate crimes. RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League strongly support community urban forestry programs and continued state funding mechanisms, such as the Environmental Enhancement and Mitigation Program, to ensure that the urban forest is properly maintained and enhanced. · 11. RESOLUTION RELATING TO BROWNFIELD DEVELOPMENT Source: Los Angeles County Division ~: Environmental Quality Policy Committee and Housing, Community, and Economic Development Policy Committee Preliminary Recommendation of EQ Policy Committee: Existine League Poli~¥ Preliminary Recommendation of HCED Policy Committee: Polic_x~'Committee to-make final recommendation at October 13 meetine. Final Recommendation to General Resolutions Committee: WHEREAS, the development of abandoned industrial and commercial areas is critical to increasing municipal revenues and improving the quality of life for many communities; and WHEREAS, brownfields, which are abandoned, idled, or under-used industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination, are impediments to fully utilizing these areas; and WHEREAS, local governments have limited fiscal incentives to encourage private industry to fund environmental assessment and clean-up activities at these bmwnfields; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support state and federal legislation that would create additional fiscal incentives, including, but not limited to, grant programs, revolving loan funds, and tax relief to encourage private industry to invest in brownfield development. COMMITTEE ON HOUSING, COMMUNITY, AND ECONOMIC DEVELOPMENT · I 1. RESOLUTION RELATING TO BROWNFIELD DEVELOPMENT Jointly referred - See Resolution # 11 in Environmental Quality for recommendations of both committees. 10 I WHEREAS, air districts that are designated as nonattainment are entitled to levy fees to fund programs to reduce air pollution from motor vehicles under §44223 of the Health and Safety Code (AB 2766); and WHEREAS, local governments in the South Coast and Bay Area districts receive a portion of these funds to implement local programs to reduce emissions from motor vehicles; and WHEREAS, local governments use these funds to meet their obligations under the California and the federal Clean Air Acts; and WHEREAS, the local government air quality programs that have been implemented using these funds have resulted in the cost-effective reduction of air pollutant emissions; and WHEREAS, the Legislature has sought to use these funds to pay for new air quality programs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League continue to oppose legislation redirecting the AB 2766 funds, which are currently used by local governments for locally-based air quality programs. 10. RESOLUTION RELATING TO URBAN FORESTRY PROGRAMS Source: Los Angeles County Division Referred tO: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Policy Committee will make final recommendation at October 13 meeting, Final Recommendation to General Resolutions Committee: WHEREAS, the urban forest is a vital infrastructure system, essential to the quality of life in the urban environment; and WHEREAS, appropriate urban forest planting provides areas of natural environment, cleans the air and water, reduces the "heat-island effect," and abates stormwater runoff and erosion; and WHEREAS, the urban forest safeguards and enhances property values, securing and encouraging public and private investment; and WHEREAS, local governments have successfully leveraged local and state funds, such as those available through the Environmental Enhancement and Mitigation Program, to promote urban forestry, enhance urban neighborhoods, support community organizations, and provide jobs and job training; now, therefore, be it To our schools we say, "Continue your programs and curricula which promote respect towards those who are different. Call on resources of your city, county, state, and the nation as you engage in the educational process to battle hate's'; To the parents we say, "Act as positive role models for your children by demonstrating tolerance towards those whose race, nationality, religiom sexual orientation, gender, age, or disability status may be different from yours. You are the most lzowerfhl influence on your children's behavior"; To the young people we say, "Educate yourselves to the ways of the world and the lessons of history. Develop sensitivity toward the feelings of others. Thus, as you grow into adulthood and become society's leaders, you will be more effective in the fight to preserve man's humanity toward man"; and be it further RESOLVED, that since silence and apathy are the greatest allies of those committing hate crimes, if you are a victim or a witness of a hate crime, go to the nearest telephone, call 9-1-1 and say "I want to report a hate crime;" with those seven words, you will instantly have as an ally the full resources of the cities of California; you are not alone!; and be it further 12. RESOLUTION RELATING TO CRIMINAL ALIEN IMPACTS ON LOCAL GOVERNMENT Source: Public Safety Policy Committee Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities issued a report of the Immigration and Naturalization Task Force in May, 1995. which addresses the broad range of immigration impacts on state and local government; and WHEREAS, among the various recommendations for policy development included in the task force report is the issue of deportable felons and the costs to the State of California, cities and counties of incarcerating criminal aliens; and WHEREAS, as of 1995 an estimated 18,000 deportable felons are incarcerated in state prisons and approximately 7.000 deportable immigrants in county, jails with early estimates for 1996 at a substantially higher number; and WHEREAS, tens of thousands additional deportable illegal aliens commit misdemeanor crimes which endanger the public safety and violate property rights of law-abiding legal residents; and WHEREAS. Califomia cities' .jails and detention centers are the criminal alien's "point of entry" into the criminal justice system, which is often overlooked as the critical apprehension juncture: and !2 COMMITTEE ON PUBLIC SAFETY RESOLUTION RELATING TO HUMAN DIGNITY AND A ZERO TOLERANCE FOR HATE CRIMES Jointly referred - See Resolution 7 in Community Services for recommendations of both committees. Public Safety Committee Amendments (See pg. 6, Resolution #7, for Community Services version.) WHEREAS, within the cities of California there are residents who represent every walk of life, many nations, varied lifestyles, and different religious beliefs, and this diversity brings to our state a rich and varied cultural heritage; and WHEREAS, our citizens honor and respect the diversity that exists in the state and when acts of hate are committed against any citizen, it is considered an act against the entire community; and WHEREAS, the cities of California declare that everyone should be treated with courtesy and respect, regardless of their racial background, nation of origin, religion practiced, sexual orientation, gender, age, or disability status, and it is the right of all citizens to pursue their daily lives with the knowledge that they will not be physically harmed or verbally abused; and WHEREAS, a hate crime is any criminal or attempted criminal act that is motivated by the victim's race, etlmicity, religion, sexual orientation, gender, age, or disability status, which may involve a verbal, written, or physical action that is intended to create emotional suffering, physical harm, or property damage; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support a policy that affirms human dignity and strives to permanently eliminate all hate crimes, and has a zero tolerance for any hate crimes within our respective cities and that the cities of California agree in the strongest terms that they will vigorously fight criminal activity known as "hate crime" with all of the resources at their disposal; and be it further RESOLVED, that the cities of California warn those who advocate or perpetrate hate, not to test the cities' resolve to oppose them as each city is encouraged to vigorously pursue a course of investigation, apprehension, prosecution, conviction, and incarceration of all those who participate in hate crimes; and be it further RESOLVED, in support of this declaration, that the cities of California send these messages: To our communities we say, "Believe in the interdependence of all people. Participate at your places of worship and community meetings, and lend .your voice in opposing hate"; 11 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support legislation that would amend the State Fire Code to require portable fire extinguishers to be serviced and recharged every six years or after each use. COMMITTEE ON REVENUE AND TAXATION 14. RESOLUTION RELATING TO VOTER APPROVAL FOR REVENUE MEASURES Source: City of Woodland ~: Revenue & Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, local governments are struggling financially to meet the current and future needs of their communities; and WHEREAS, current state law requires local governments to present virtually all proposals to. raise local revenues to the local electorate for approval; and WHEREAS, the people of the State of California desire greater accountability from all segments of their government, including local government, and specific purpose revenue measures, including taxes, enhance governmental accountability through greater public awareness and understanding of how the revenues to be raised will be spent; and WHEREAS, current state law discourages local governments from approaching voters with more accountable special purpose revenue proposals due to the higher standard 2/3rds voter approval (i.e., "super majority") required fbr passage; and WHEREAS, many communities have been denied the new revenue necessary to address critical service or facilities needs from a specific purpose tax measures that failed passage despite having received more than a simple majority (50% plus one) voter approval for passage; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League sponsor legislation or a statewide initiative, as may be necessary, to change state law such that general revenue measures require a super majority (2/3rds) voter approval for passage, and special purpose revenue measures require a simple majority (50% plus one) voter approval for passage. 14 WHEREAS, the pending Immigration Bill, HR 2202, includes language that clarifies the intent of the Congress in the 1995 Crime Bill, which authorized reimbursement for incarceration costs to local government; and WHEREAS, not only has the increase in illegal alien criminal activity impacted the costs to local government through increased demands of public services by illegal aliens in general, but has recently brought forward the issue of officer safety; and WHEREAS, the impact has escalated to a level where local public safety personnel are endangered, evidenced through recent incidents involving deportable felons and police officer shootings, including the shooting of Anaheim police officer Tim Garcia and the murder of CHP officer Don J. Burt; and WHEREAS, local government has borne the burden of incarcerating, housing, and prosecuting illegal criminal aliens in addition to putting local police officers in danger; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support legislation regarding reimbursement to local agencies, specifically cities, for the costs associated with incarcerating criminal illegal aliens, including the pending Immigration Bill HR 2202; and be it further RESOLVED, that the League hereby urge the federal government, especially the Immigration and Naturalization Service, to assist requesting California cities by instituting a city-based program that assigns an INS agent to cities that operate jails and detention centers, to identify and place a hold on suspected criminal aliens in an effort to enhance the criminal justice process and prevent such criminal aliens from being released into California communities. 13. RESOLUTION RELATING TO FIRE EXTINGUISHERS Source: Los Angeles County Division ~: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee:Approve Final Recommendation to General Resolutions Committee: WHEREAS, portable fire extinguishers are required to be serviced and recharged on an annual basis; and WHEREAS, forty-eight states, as well as fire extinguisher manufacturers acknowledge six years as the standard frequency for servicing and recharging portable fire extinguishers; and WHEREAS, fire inspectors and businesses would save time and money if portable fire extinguishers were serviced and recharged on a less frequent but still adequate schedule; now, therefore, be it 13 I. INFORMATION AND PROCEDURE Resolutions Contained in this Pack~l. The The General Assembly will convene at League Bylaws provide that resolutions shall be 9:30 a.m. on Tuesday, October 15, during the referred by the President to an appropriate Annual Business Meeting in Room A-I of the policy committee for review and Aaaheim Convention Center, to consider the recommendation. Resolutions with committee report of the General Resolutions Committee. recommendations shall then be referred to the General Resolutions Committee at the Annual Resolutions approved by the General Conference. Resolutions Committee and submitted to the General Assembly will retain the numbers This year 14 resolutions have been presented for assigned to them in this document. consideration by the Annual Conference and referred to the League policy committees. Each Initiative Resolutions. For those issues that of the policy committees met September 5 or 6 develop after the normal 60-day deadline, a to review proposed resolutions and to formulate resolution may be introduced with a petition preliminary recommendations prior to the signed by designated voting delegates of 10 Annual Conference. The sponsors of the percent of all member cities (47 valid signatures resolutions were notified of the time and place required) and presented to the President of the of those meetings. League no later than 24 hours prior to the time set for convening the Annual Business Session This packet contains a copy of all resolutions of the General Assembly. This year, the that have been received and assigned to policy deadlitl¢ is Monday, October lit, 1996, committees. The source of the resolutions, the 9:30 a.m. If the Parliamentarian finds that a policy committees to which they were assigned, petitioned resolutions is substantially similar in and the preliminary recommendations of the substance to a resolution already under policy committees to the General Resolutions consideration, the petitioned resolution will be Committee are indicated. The recommended disqualified. actions reported in this packet are ig.r.Oimin_a~. Any questions concerning the resolutions Consideration of Resolutions at Confereni:e. procedure should be directed to Marian Avila in Another meeting of policy committees will be the Sacramento office of the League held at the Annual Conference on Sunday, {916) 658-8224. October 13. The location tbr each of these zneetings is shown on page iv. During these hearings, any city official wishing to discuss Sedalia Sanders, President any resolution will have an opportunity, to League of California Cities address the policy committee concerned. Mayor, El Centro The General Resolutions Cummittee will meet at 1:30 p.m. on Monday, October 14, in Room A-10 of the Anaheim Convention Center. to consider the reports of the policy committees. 'Fhe Committee includes at least one representative of each of the League's regional divisions, lhnctionai departments, and standing policy comm ittees.