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09/17/1998
BAKERSFIELD Jacquie Sullivan, Chair Irma Carson Patricia J. DeMond Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, September 17, 1998 4:00 p.m. City Manager's Conference Room Second Floor- City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF AUGUST 20, 1998 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. RESOLUTION ENCOURAGING THE BANNING OF SELF-SERVICE TOBACCO DISPLAYS 6. NEW BUSINESS A. REVIEW AND RECOMMENDATIONS FOR LEAGUE OF CALIFORNIA CITIES PROPOSED RESOLUTIONS 7. ADJOURNMENT TS:jp rILE COPY DRAFT BAKERSFIELD Alan Ta , City Manager Jacquie Sullivan, Chair Staff: Trudy Slater Irma Carson Patricia DeMond AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, August 20, 1998 4:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 4:12 p.m. Members present: Councilmember Jacquie Sullivan, Chair Councilmember Irma Carson Councilmember Patricia DeMond 2.APPROVAL OF JUNE 18, 1998 MEETING MINUTES Approved as submitted. 3.PRESENTATIONS None 4.PUBLIC STATEMENTS None 5. DEFERRED BUSINESS None. DRAFT Agenda Summary Report Legislative and Litigation CommJttee August 20, lgg8 Page -2- 6. NEW BUSINESS A. LEAGUE VOTING DELEGATE AND ALTERNATE TO ANNUAL CONFERENCE Administrative Analyst Trudy Slater explained that as an important part of the League of California Cities Annual Conference each member city is asked to designate a Voting Delegate and an Alternate who will be present at the Business meeting. Through its Delegate, each city has one vote on matters affecting municipal and/or League policy. The City Council typically makes appointments from among those elected leaders attending the Annual Conference. Committee members Irma Carson and Jacquie Sullivan indicated they would be attending the League meeting after the celebrations for the opening of the Bakersfield Centennial Garden. After discussion, the Committee recommended that a recommendation be forwarded to Council to have Irma Carson appointed Voting Delegate and Jacquie Sullivan appointed as Alternate. The appointment of the Voting Delegate and Alternate will be placed on the September 9, 1998, Council agenda in order to comply with the League's request for a response by September 18. B. CLEANUP LEGISLATION: HOUSE NUMBER CURB PAINTING; SEISMIC SURVEY ACTIVITIES; AND PARADES Chief Assistant City Attorney Bob Sherry explained that the requested changes in the three ordinances before the Committee at this time were part of the City's on- going efforts to try to maintain the same general format across different ordinances. Changes in the ordinances related to: requiring weekly instead of daily reports in the curb painting ordinance; no posting requirements on equipment in the seismic survey ordinance; and no less than two working days notice in the parade ordinance. After several Committee questions and comments, the Committee directed staff to send a courtesy copy of the proposed changes in the parade ordinance to Harvey Hall as he was the individual who was most involved with parades in downtown Bakersfield. A motion was made, seconded and passed to forward the proposed ordinances to Council for approval. Agenda Summary Report DRAFT Legislative and Litigation Committee August 20, 1998 Page -3- C. TOBACCO FREE COALITION REQUEST REGARDING SELF-SERVE TOBACCO DISPLAYS Administrative Analyst Trudy Slater explained that the City Council had on July 17 referred to the Committee the Tobacco Free Coalition's request for a ban on self- service tobacco displays in the City. She indicated the Coalition was a group committed to reducing tobacco use in the county, and one of its goals was to provide information to the public and policy makers on tobacco-related health issues. Ms. Scarlett Sabin, of the American Heart Association and the Tobacco Free Coalition, spoke regarding the Coalition's desire to have Bakersfield ban self-service tobacco displays as has been done by Shafter and other cities. She indicated that banning self-service displays meant removing open racks of tobacco so that all tobacco sales would require the assistance of the store clerk. She further stated that banning self-service displays was an important step in discouraging teens from experimenting with tobacco, both by limiting opportunities for shoplifting and requiring purchaser identification. Ms. Sabin thanked the Committee for allowing them to speak on the issue. Upon questioning by the Committee, Chief Assistant City Attorney Bob Sherry responded that research had indicated there were several cases in the courts, including one in the 9th Circuit which would apply to Bakersfield. Waiting until an opinion was published was desirable to avoid Bakersfield's becoming a test case. Although court case lengths varied greatly, Bob estimated some kind of published opinion should be available in six to twelve months. Leslie Fiedler, Kern County Health Department and Tobacco Free Coalition indicated in the last two days the Coalition had visited 76 Bakersfield stores. Their definition of a self-service display was any rack where tobacco could be picked up, even on the counter, without the assistance of the store clerk. Almost 80% of the stores visited had some type of self-service display of a tobacco product. After discussion among Committee members who were supportive of the group's educational efforts relating to tobacco, Committee member Patdcia DeMond moved that the Committee forward to Council a Council resolution indicating policy support of a ban on self-service tobacco displays. A letter from the Mayor was to act as a cover letter. Committee member Irma Carson seconded the motion, and staff was instructed to place it on the September 9 Council agenda. Agenda Summary Report Legislative and Litigation Oommi~ee August 20, 1998 Page -4- Committee members encouraged the groups to distribute the resolution and letter to affected businesses through their volunteers and youth groups. Further recommendations included suggestions for the groups to obtain media coverage, possibility involving the Mayor or recognizing businesses for their efforts. 7, ADJOURNMENT The meeting adjourned at 4:49 p.m. Staff Attendees: Administrative Analyst Trudy Slater; Chief Assistant City Attomey Bob Sherfy; Deputy City Attorney Virginia Gennaro; Treasurer Bill Descary Other Attendees: John Digges;Jennifer Henry, American Cancer Society; Jillian Hallman; Leslie Fiedler; Ralph Anthony; LaMesha Doak; Tahra Gorayah; Scarlett Sabin (P:\L&L~980820. MIN) ADMINIST TIVE REPORT MEETING DATE: September 9, 1998 I AGENDA SECTION: Consent Calendar I I ITEM: 8. d. I TO: Honorable Mayor and City Councilmembers ,APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~,~_ DATE: August 25, 1998 CITY ATTORNEY ~'~..~ CITY MANAGER~ SUBJECT: A Resolution encouraging the banning of self-service tobacco displays. RECOMMENDATION: Legislative and Litigation Committee recommends adoption of the resolution. BACKGROUND: The Legislative and Litigation Committee convened on August 20, 1998, and listened to a presentation by members of the Tobacco Free Coalition of Kern County (TFK). The goal of TFK is to reduce tobacco use and its toll on our City. One way to accomplish this goal is to prohibit self-service tobacco displays. Given the legal ramifications of sUch an ordinance, without the necessary precedence, the Legislative and Litigation Committee recommends that Council adopt a resolution encouraging merchants to voluntarily ban self- service tobacco displays. TFK will use the resolution, in conjunction with a letter from the Mayor, in a door-to- door campaign to educate individuals about tobacco use and gain voluntary compliance. Legislative and Litigation Committee recommends adoption of the resolution. SE09CA.CC August 25, 1998, 9:23AM S:\COU NCIL~Admins~TOBACCORES.wpd · ~ RESOLUTION NO. A RESOLUTION ENCOURAGING MERCHANTS TO REGULATE THE MANNER OF SALE OF TOBACCO PRODUCTS. WHEREAS, the Surgeon General of the United States labels smoking 'the largest single preventable cause of premature death and disability for the U.S. population'; and WHEREAS, the National Centers for Disease Control have found that at least 434,000 Americans die each year from tobacco-caused diseases; and WHEREAS, the Surgeon General of the United States and the United States Department of Health and Human Services have found that a majority of those Americans who die of tobacco, caused diseases become addicted to nicotine and tobacco products as adolescents before the age of legal consent; and WHEREAS, the National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most wide-spread example of drug dependence in the United States; and ~_. WHEREAS, the Surgeon General of the United States has found that nicotine and 'i .... tobacco products are as addictive as cocaine and heroin; and WHEREAS, a state-wide survey conducted in 1997 found that nearly 22% of tobacco retailers in California were willing to illegally sale tobacco to minors and that even those conscientious merchants will not sale to minors may inadvertently contribute to the problem by placing their products in open racks or shelves where they could easily be shoplifted; and WHEREAS, City Council recognizes and supports the efforts of the Tobacco-Free Coalition of Kern County and its efforts to reduce tobacco use and tobacco-related disease on the youth within our community; WHEREAS, in an effort to support the goals of the Tobacco-Free Coalition of Kern County, the City Council supports a ban of serf-service tobacco displays and a requirement that requires tobacco products be placed behind a counter or in a locked case to require vendor assistance sales in an effort to prevent tobacco shoplifting from minors, discourage younger adolescents from attempting to purchase tobacco, and promote identification checking by store clerks. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: Page 1 of 3 .,_,, 1. The above recitals and findings are true and correct. 2. That the City Council of the City of Bakersfield encourages all business owners and merchants within the City to voluntarily ban displays for sale of any tobacco product or tobacco promotional product by means of self- service merchandising or by means of other than vendor/assistance sales. 3. That the City Council of the City of Bakersfield encourages all business owners and merchants within the City to voluntarily ban the installation or keeping or use or maintenance of any vending machine for the purpose of selling or distributing any tobacco products. 4. That the City Council of the City of Bakersfield encourages all business owners and merchants within the City to reduce the acceptability and expectation of tobacco use among youth and to discourage the making of tobacco products appealing and attractive to youth. ?-" ooo00ooo Page 2 of 3 August 24, 1998 TO: MAYORS AND CITY MANAGERS MEMBERS OF THE LEAGUE BOARD OF DIRECTORS MEMBERS OF LEAGUE POLICY COM~TTEES MEMBERS OF GENERAL RESOLUTIONS COMMITTEE Note to City Managers and City Clerks: Please make immediate distribution to the mayor and to other city officials planning to attend the 1998 Annual Conference. If additional copies are required, we urge you to reproduce them in your city. Additional copies are not available from the League, but copies will be available at the Conference. RE: TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS This packet contains: I. Information and Procedure II. Guidelines for Annual Conference Resolutions III. Location of Meetings IV. Membership of General Resolutions Committee V. Preliminary History of Resolutions VI. Annual Conference Resolutions PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE - - ~ October 24, 1998 -- Long Beach ~ - - I. INFORMATION AND PROCEDURE Resolutions Contained in this Packet The The General Assembly will convene at League Bylaws provide that resolutions shall be 1:30 p.m. on Saturday, Oet0ber 3, during the referred by the President to an appropriate Annual Business Meeting in the Long Beach policy committee for review and Convention Center to consider the report of the recommendation. Resolutions with committee General Resolutions Committee. recommendations shall then be referred to the General Resolutions Committee at the Annual Resolutions approved by the General Conference. Resolutions Committee and submitted to the General Assembly Will retain the numbers This year 21 resolutions have been presented for assigned to them in this document. consideration by the Annual Conference and referred to the League policy committees. Each Initiative Resolutions. For those issues that of the policy committees met August 13 or 14 to develop after the normal 60-day deadline, a review proposed resolutions and to formulate resolution may be introduced with a petition preliminary recommendations prior to the signed by designated voting delegates of l0 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 ail resolutions of the General Assembly. This year, the that have been received and assigned to policy deadline is Friday, October 2, 1998, committees. The source of the resolutions; the 1:30 p.m. If the Parliamentarian finds that a policy committees to which they were assigned, petitioned resolution is substantially similar in and the preliminary recommendations of the substance to a resolution already under policy committees to the General Resolutions consideration, the petitioned resolution will be Committee are indicated. The recommended disqualified. actions reported in this packet are preliminary_. Any questions concerning the resolutions Consideration of Resolutions at Conference. procedure should be directed to Marian Avila in Another meeting of policy committees will be the Sacramento office of the League, held at the Annual Conference on Thursday, 916-658-8224. October 1. The location for each of these meetings is shown on page iv. During these hearings, any city official wishing to discuss Ronald Bates, President any resolution will have an opportunity to League of California Cities address the policy committee concerned. Mayor, Los Aiamitos The General Resolutions Committee will meet at 2 p.m. on Friday, October 2, in the Long Beach Convention Center, to consider the reports of the policy committees. The Committee includes at least one representative of each of the League's regional divisions, functional departments, and standing policy committees. II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the standing policy committees and the Board of Directors. The process allows for timely consideration of issues in a changing environment and assures broad city officials the opportunity to both initiate and influence policy decisions. This influence may be exercised directly through participation as a policy committee member or as a city official visiting a committee meeting to advance a position on an issue Under the committee's purview. If committee membership or personal attendance is not feasible, city officials may affect policy decisions indirectly through department or division representatives on the policy committees or the Board of Directors. Annual Conference resolutions constitute an additional process for developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. The issue addressed in the resolution has a direct relation to municipal affairs. 2. The issue is not of a purely local or regional concern. 3. Generally, the recommended policy should not restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a general direction for the League by setting forth general principles around which more detailed policies may be developed by the policy committees and Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League Bylaws. Resolutions to amend the League bylaws will require a two-thirds vote by the General Assembly for approval. iii III. LOCATION OF MEETINGS Policy Committee meetings will be as follows: .Thursday, October 1, 1998 - 3 p.m. and 4 p.m. Hyatt Regency Hotel - Long Beach Poli~ Committee Time Administrative Services 3 p.m. Community Services 3 p.m. Environmental Quality 3 p.m. Transp., Communications & Public Works 3 p.m. Employee Relations 4 p.m. Housing, Comm. & Econ. Development 4 p.m. Public Safety 4 p.m. Revenue and Taxation 4 p.m. General Resolutions Committee Ballroom 2 - Long Beach Convention Center (Friday, October 2, 1998 at 2 p.m.) General Assembly at the Annual Business Meeting Ballroom 1 - Long Beach Convention Center (Saturday, October 3, 1998, at 1:30 p.m.) IV. GENERAL RESOLUTIONS COMMITTEE League of California Cities 100th Annual Conference - Long Beach, October 2-4, 1998 Chair: John Ferraro, Council President, Los Angeles Vice Chair: Oscar Rios, Council Member, Watsonville Parliamentarian: Arlen Gregorio, Attorney at Law, San Francisco John Abbott, Mayor, Hesperia Mark Montemayor, Council Member, W. Sacramento Don Bankhead, Mayor, Fullerton Beverly O'Neill, Mayor, Long Beach Jane Bartke, Mayor, El Cerrito Robert Pinzler, Council Member, Redondo Beach Bob Bartlett, Mayor, Monrovia James Ross, Exec. Dir. Pub. Wks, Santa Ana Robert Biery, Finance Dir., Thousand Oaks Don Sanders, Council Member, Colton Irwin Bornstein, Admin Svcs. Dir., Mission Viejo Mike Siminski, Council Member, Lompoc Bob Brown, Comm. Devel. Dir., San Rafael Jeffrey Stone, Council Member, Temecula Laurann Cook, Mayor, Fountain Valley Barbara Sullivan, Council Member, Merced Becky Dennis, Vice Mayor Pleasanton Larry Todd, Police Chief, Los Gatos, Monte Sereno Ramon A. Diaz, City Manager, Palm Desert John Torres, Human Resources Dir., Corona Mike Doyle, Council Member, Danville Sam Torres, Council Member, Perris Steve Eckis, City Attomey, Poway Liz Williams, Mayor, Gonzales Nadine Felix, Dep. Dir. Convention/Arts Entertainment, San Jose Patricia Figueroa, Council Member, Mountain View Armando Flores, Council Member, Rohnert Park Gilbert Garcia, Council Member, Santa Barbara Lee Ann Garcia, Council Member, Grand Terrace Stewart Gary, Fire Chief, Livermore Peter Green, Mayor Pro Tem, Huntington Beach Gilbert Gfijalva, Mayor Pro Tem, Calexico Casey Gwinn, City Attorney, San Diego Lauren Hammond, Council Member, Sacramento Joe Hilson, Council Member, Hayward Terry Johnson, Deputy Mayor, Oceanside Trixie Johnson, Council Member, San Jose Helen Kawagoe, City Clerk, Carson _ Craig Lake, Mayor Pro Tem, Lemon-Grove John Leonard, Council Member, Mill Valley Art Madrid, Mayor, La Mesa Sheridan Malone, Mayor, Ukiah Anthony Martinez, Mayor, Delano Jim Mastin, Vice Mayor, Ukiah Jos~ Medina. Supervisor, San Francisco V V. 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 1 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 [Note: Under existing rules, only those resolutions with an approve recommendation from the General Resolutions Committee and all qualified petitioned resolutions are reported on the floor of the General Assembly. If Resolution #2 in this packet is approved by the General Assembly, it will be effective immediately. It would give the General Assembly the additional opportunity to consider any resolutions approved by the policy committee but not approved by the General Resolutions Committee. Consideration of any such resolution must first' be approved by a majority of voting delegates.] vi Number Kev Word Index Reviewing Body Action COMMITTEE ON ADMINISTRATIVE SERVICES 1 2 3 4 1 "Better Cities--A Better Life"; Resolution Relating to the League's Centennial A 2 Supporting Full Participation and Debate on Resolutions at the Annual Conference A 3 League Policy Development Process D 4 Campaign Reform N 5 Local Government Liability Aa COMMITTEE ON COMMUNITY SERVICES Before- and After-School Care Programs Aa . Child Care N Youth Employment Aa Juvenile Crime and Public Safety Aa COMMITTEE ON EMPLOYEE RELATIONS Social Security Mandate Aa Employment Support Initiative Ra COMMITTEE ON ENVIRONMENTAL QUALITY 12 Labeling of Forest Products Aa 13 Quantification of"Cool Community" Strategies, A · 14 Altematively-Fueled, Heavy-Duty Vehicles A COMMITTEE ON HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT " 1 2 3 4 Building Codes t ** [ [ vii Number Key Word Index Reviewing Body Action COMMITTEE ON PUBLIC SAFETY * 9 Juvenile Crime and Public Safety R 16 Sexual Assault Crimes Aa 17 Emergency Medical Services Aa 18 Traffic Control on State Highways R COMMITTEE ON REVENUE AND TAXATION Property Tax Appeal Process A' Federal Excise Tax on Heating Oil A COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS · 14 Alternatively-Fueled, Heaw-Duty Vehicles A 21 Operation and Maintenance of State Highways Within Cities A RESOLUTIONS INITIATED BY PETITION Resolution General Committee Assembly Recommendation Actioh Policy\acres\table98.doc - viii VI. ANNUAL CONFERENCE RESOLUTIONS Resolutions Referred to Committee on Administrative Services 1. "BETTER CITIES--A BETTER LIFE"; RESOLUTION RELATING TO THE LEAGUE'S CENTENNIAL Source: League Board of Directors Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, for one hundred years, il~e League of California Cities has provided the opportunity for the exchange of ideas and experience among all city officials toward making the theme of this year's centennial celebration, "Better Cities-oA Better Life, "a reality for the residents in all our communities; and WHEREAS, California cities have gained strength and valuable services by working together through the League of Califomia Cities; and WHEREAS, city officials applaud the outstanding contributions of countless colleagues who do or have served the League on the board of directors, in regional divisions, functional departments, policy committees, as its dedicated staff, or in other capacities; and WHEREAS, the League of California Cities is celebrating its centennial anniversary at the 1998 annual conference; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that its congratulations and sincere appreciation are hereby expressed to current and past city officials and staff of the League of California Cities, whose continuous involvement and efforts have benefited every city in California; and be it further RESOLVED, that the League and the cities of California hereby pledge to redouble their joint efforts of collaboration to ensure continuing and increasing effectiveness through WOrking together. 0000000000 2. RESOLUTION SUPPORTING FULL PARTICIPATION AND DEBATE ON RESOLUTIONS AT THE ANNUAL CONFERENCE Source: Desert Mountain Division, Administrative Services Policy Committee Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities is founded on the principles of local control and interagency cooperation and is a voluntary membership association of California cities, representing a broad-based and diverse population with each member city having equal status; and WHEREAS, the League of Califomia Cities' annual conference is a gathering of thousands of city officials from throughout California to learn from their colleagues, to study, debate and formulate positions on issues important to local government; and WHEREAS, each city is represented at the conference by its voting delegate, who participates in the policy development process during the General Assembly; and WHEREAS, the League of Califomia Cities encourages city officials to become active participants in setting League policy; and WHEREAS, the annual conference resolutions offer an additional means to direct the future of cities by focusing public and media attention on major issues, establishing a general direction for the League, and considering important issues not already addressed by the policy committees and board of directors; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League adopt the policy that every resolution, when recommended for approval and adoption by the League policy committee charged with reviewing said resolution by the League president and recommended for disapproval, referral, or no action by the General Resolutions Committee, which is charged with the responsibility of bringing forward resolutions for action before the General Assembly, be placed upon the consent agenda at the time of the General Assembly with the written recommendations and a brief description of the bases for such recommendations from both the policy committee and the General Resolutions Committee, for the purposes of allowing the General Assembly the opportunity for full debate of said resolution; and be it further RESOLVED, that any resolution so placed on the consent agenda of the General Assembly for ratification of the action of the General Resolutions Committee may be moved to the floor of the General Assembly by a motion from any voting delegate requesting the opportunity to fully debate that resolution. If upon a majority vote of the General Assembly the request for debate is approved, the General Assembly shall have the opportunity to debate the resolution fully and subsequently take a vote thereon; and be it further RESOLVED, that the League continue to support and maintain policies that assure respect, consideration and full participation of all members to assure that the League's policies and programs are responsive to the concerns of and are fully supported by all member cities. 0000000000 2 3. RESOLUTION RELATING TO LEAGUE POLICY DEVELOPMENT PROCESS Source: City of Carson Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Disapprove Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities is founded on the principles of local control and interagency cooperation and is a voluntary membership association of California cities, representing a broad-based and diverse population with each member city having equal status; and WHEREAS, the League of Califomia Cities' annual conference is a gathering of thousands of city officials from throughout California to learn from their colleagues, to study, debate and formulate positions on issues import,3n, t to local government; and WHEREAS, the League of California Cities encourages city officials to become active participants in setting League policy as members of the various policy committees or by presenting testimony and/or information to the various policy committees and the General Resolutions Committee; and WHEREAS, the League policy development process provides for the timely and adequate notice for the review of all proposed resolutions by city councils, regional divisions, functional departments and policy committees prior to the annual conference; and WHEREAS, proposed annual conference resolutions are considered, discussed and acted upon a minimum of two (2) times by the respective policy committee prior to submittal to the General Resolutions Committee; and WHEREAS, two-thirds (2/3) of the General Resolutions Committee members must be mayors and council members with a composition of a minimum of thirty (30) members with one representative to be nominated by each policy committee, regional division, and functional department and appointed by the League president, all of whom give careful thought and consideration to each and every resolution before making their final recommendation to the General Assembly; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support and maintain the current policy committee development process relating to "Annual Conference Resolutions Process" as delineated in Chapter IV of the Policy Manual of the League of California Cities. 0000000000 4. RESOLUTION RELATING TO CAMPAIGN REFORM Source: City of Lompoc Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, during recent elections citizens across the nation have observed an overwhelming amount of special interest campaigning; and WHEREAS, these special interest campaigns receive mostly unregulated donations and create an undue influence on the election process; and WHEREAS, the inequity created by the unregulated, unlimited donations that lack disclosure requirements needs to be resolved by federal campaign finance reform; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League urge the National League of Cities to support federal legislation to reform special interest campaigning to prevent um'egulated, unlimited and inadequate disclosure requirements; and be it further RESOLVED, that the League also encourage the state of California to consider similar legislation. 0000000000 5. RESOLUTION RELATING TO LOCAL GOVERNMENT LIABILITY Source: City of Anaheim and Orange County Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, there is currently no special legislation to protect local government against claims for property damage caused by hillslides and mudslides; and WHEREAS, local government is often perceived by property owners as the "insurer of last resort" since homeowner's insurance policies do not cover hillslide and mudslide property damage; and WHEREAS, it is impossible-for local government to predict, and therefore, protect against, property damage from natural disasiers such as hillslides and mudslides at the time developments are approved or accepted; and WHEREAS, California Code of Civil Procedure {}337.15 provides that, "[n]o action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for... (1) Any latent deficiency in the 4 design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property [or] (2) Injury to property, real or personal, arising out of any such latent deficiency;" and WHEREAS, Assembly Member Scott Baugh introduced legislation (AB 2631) on behalf of the City of Anaheim to extend the protections of Code of Civil Procedure {}337.15 to local government, which subsequently failed in the Assembly Judiciary Committee; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League and the Orange County Division cosponsor legislation during the 1998-99 legislative session to extend the protections of Code of Civil Procedure {}337.15 to local government. 0000000000 Resolutions Referred to Committee on Community Services 6. RESOLUTION RELATING TO BEFORE-AND AFTER-SCHOOL CARE PROGRAMS Source: Los Angeles County Division Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, the Urban Institute reports that in 1990 approximately 5,337,000 school-age children, ages 5 to 17 years of age, were living in California; and WHEREAS, every child should have equal access to a variety of programs and services that serve to stimulate his or her physical and intellectual development in safe, structured environments; and WHEREAS, before-school, after-school and weekend programs that provide school-age children with positive activities in adult-supervised settings can promote academic and personal achievement and prevent juvenile crime and violence; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation for: 1. The state to assist local governments and school districts to maximize resources to expand and enhance diverse before-and after-school programs and weekend programs that meet the needs of all families; 2. The state to increase funding for before-and after-school and weekend programs for school- age children; 3. The creation of partnerships among schools, community groups, public and private agencies to develop before-and after-school programs and weekend programs be supported. 5 7. RESOLUTION RELATING TO CHILD CARE Source: Los Angeles County Division Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: No Action Final Recommendation to General Resolutions Committee: WHEREAS, the National Child Care Information Center reports that, in 1995 in California, 4,349,699 children under the age of 18 were members of families with working parents; and WHEREAS, the number of families in need of public assistance and in need of affordable, quality care for their children will continue to increase because of the recently enacted revisions to welfare legislation which require recipients of public assistance to work; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League urge: 1. The National League of Cities to support the increase in funding for federal initiatives to expand child development services; 2. The state to adopt legislation that would increase resources for local communities to increase and expand the supply of child care and to improve its quality; 3. The state to expand assistance for child care so that quality child care is affordable for families and providers; 4. The state to adopt legislation enabling, encouraging and assisting local government to increase child care planning and facility development and to establish a strategic plan for the delivery of child care services; 5. The state to adopt legislation that creates incentives for employers and developers to support the expansion of local child care infrastructure through program and facility development; 6. The state to adopt legislation that will strengthen licensing standards and enforcement to ensure that children are being cared for in safe and nurturing environments while parents are at work; 7. The state to adopt measures that would provide funding to train and compensate child care professionals in accordance with standards developed by national organizations, for example, the National Association for the Education of Young Children; and 8. The state to adopt legislation that would extend the existing child care income tax credit to families earning up to 150% of the state median income level. 0000000000 6 RESOLUTION RELATING TO YOUTH EMPLOYMENT Source: Los Angeles County Division Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, the Children's Defense Fund reports that employment and economic opportunities for America's youth have steadily declined over the past 25 years; and WHEREAS, recent studies have determined that a link exists between lack of job opportunities. for youth and juvenile crime; and WHEREAS, in 1995 the federal government decreased funding for youth employment programs by 80 percent (Job Training Partnership Act, Title II © JTPA), from $600 millioh to less than $130 million (Source: Children's Defense Fund); and WHEREAS, the overall funding allocated to job training programs has decreased over the past years while the number of youth eligible to participate in the programs has steadily increased; and WHEREAS, federal, state and local governments should develop and fund effective youth training, education and employment programs to ensure the successful transition of youth into the labor market; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support state activities to: 1. Request the National League of Cities to encourage the federal government to modify existing federal income eligibility requirements for youth job training and placement programs to include the children of the working poor and to provide additional funding for youth job training programs; 2. Assist and support the efforts of local government agencies to create stronger linkages between municipal services and school-based job training programs in order to create more job placement opportunities; 3. Support state legislation that provides funding to develop and maintain youth job training and placement programs and job opportunities programs on a year-round basis; 4. Support state legislation that creates tax incentives to encourage community-based businesses to recruit local youth for meaningful employment oppommities with good pay and increased responsibility. OOOOOOO00O ,9. RESOLUTION RELATING TO .lUVENILE CRIME AND PUBLIC SAFETY Source: Los Angeles County Division Referred to: Community Services and Public Safety Policy Committees Preliminar3~ Recommendation to General Resolutions Committee Community Services: Approve as amended Public Safety: Refer to appropriate nolic¥ committee for study Final Recommendation to General Resolutions Committee: WHEREAS, community efforts to reduce juvenile crime by promoting and implementing comprehensive prevention and intervention programs are key strategies in promoting positive outcomes for youth and keeping children and families safe; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support state legislation that invests in effective community-based prevention and early intervention programs and strategies to deter juvenile crime, and encourages partnerships among parents, schools, community groups and law enforcement agencies. 0000000000 Resolutions Referred to Committee on Employee Relations 10. RESOLUTION RELATING TO SOCIAL SECURITY MANDATE Source: Personnel and Employee Relations Department Referred to: Employee Relations Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, existing policy of the League of Califomia Cities is to oppose mandatory Social Security for public employers and employees; and WHEREAS, the prcposed Social Security tax for public sector employers is a short-term, stop- gap measure that will not address the long-term solvency of the Social Security program; and WHEREAS, California public employers and employees have retirement programs in place, and an additional retirement prograrp_ and tax would be an unnecessary expenditure of taxpayer dollars; and WHEREAS, the proposed new tax will result in unfunded, increased costs to city budgets as employee retirement costs increase: and WHEREAS, the proposed new tax will have a negative impact on labor relations, recruitment, employee morale, and benefit structures; and 8 WHEREAS, it is recommended that Social Security reform efforts focus on the long-term restructuring of the Social Security system; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League reaffirms its policy to oppose a new mandatory Social Security tax for public employers and public employees. 0000000000 11. RESOLUTION RELATING TO EMPLOYMENT SUPPORT INITIATIVE Source: Personnel and Employee Relations Department Referred to: Employee Relations Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend and refer ag amended to appropriate policy committee for study. Final Recommendation to General Resolutions Committee: WHEREAS, Congress has passed welfare reform legislation requiring greater aggressiveness from the states in reducing the welfare rolls; and WHEREAS, increasing individual economic self-sufficiency is an appropriate vehicle for reducing ongoing dependency on public support; and WHEREAS, increasing access to employment is as critical a component of enhancing individual self-sufficiency as is skill development; and WHEREAS, cities and counties constitute large employers in California; and WHEREAS, public employers' employment policies and actions should serve as role models to private sector employers to further good public policy; and WHEREAS, a reduction in the welfare population enhances the quality of life in a community; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support cities' efforts to adopt local policies to support the successful transition of individuals from welfare to work; and be it further RESOLVED, that the League support cities' efforts to encourage partnerships with county social service programs to facilitate employment opportunities within city government to qualified, but economically disadvantaged candidates. 0000000000 Resolutions Referred to Committee on Environmental Quality 12. RESOLUTION RELATING TO LABELING OF FOREST PRODUCTS 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, natural ancient forests provide very significant habitat for birds and other wildlife, including those that are threatened or endangered with extinction, yet the .remaining natural ancient forests of the world face tremendous pressure from logging activities that can result in soil erosion and' other damage to natural habitats and waterways; and WHEREAS, standards for the management of forests to balance the needs of wood and paper production with the important environmental functions provided by forests have been developed by an intemational, non-profit independent organization known as the Forest Stewardship Council (FSC); and WHEREAS, these standards ensure that forests are managed in a manner that both protects the important functions of forests while also providing forest landowners with economic value of their timber resources; and WHEREAS, the FSC, which is comprised of representatives of the timber industry, environmental organizations, forestry professionals, indigenous people's organizations, and product certification organizations from more than 225 countries, accredits organizations that certify timber companies as operating in accordance with FSC guidelines for forest management; and WHEREAS, the FSC's broad membership includes many California companies such as Collins-Pine Company, Big Creek Lumber Company, Scientific Certification Systems and other companies in the United States, such as Home Depot, Colonial Craft Furniture, Bernis Manufacturing Company, Harwood Products, and the Seven Islands Land Company, as well as many environmental organizations, such as the Sierra Club, the Natural Resources Defense Council, the Rainforest Action Network, the Rainforest Alliance, Greenpeace International, the Environmental Defense Fund, Friends of the Earth, the Defenders of Wildlife, and the World Wildlife Fund; and WHEREAS, producing wood and wood products in accordance with FSC guidelines could provide California and U.S businesses with a significant marketing advantage over other manufacturers since the public has demonstrated its willingness and desire to support environmentally-sound products and services; and WHEREAS, cities procure many wood products including tropical hardwood for wharf and other oceanfront facilities and redwood for recreation and parks facilities, for which certified wood is available as an alternative and whose procurement would ensure that forests are protected; and WHEREAS, cities and other consumers of wood products would benefit from knowing whether the wood they purchase has been produced in a manner consistent with FSC guidelines so that they 10 may make informed choices about how the wood products that they purchase affect the forests from which they are produced; now, therefore, be it resolved RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League urge member cities to purchase products that have been certified to meet international standards promulgated by the Forest Stewardship Council. 0000000000 13. RESOLUTION RELATING TO QUANTIFICATION OF "COOL COMMUNITY" STRATEGIES Source: Los Angeles County Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, scientific studies have shown that average daily temperatures in urban areas are higher than those of surrounding suburban and rural areas; and WHEREAS, this effect, known as the "urban heat-island effect," is the result of the greater percentage of dark surfaces such as roofs, roadways, and parking lots and the lesser percentage of trees that provide important shade; and WHEREAS, these temperature increases raise the demand for electricity for air conditioning, increasing utility bills and also speed the formation of ozone air pollution, which is a serious health risk; and WHEREAS, strategies to reduce the "urban heat-island effect" include strategic tree planting to shade buildings and dark heat absorbent surfaces such as parking lots and streets and also include lightening such surfaces to reduce their absorption of solar heat; and WHEREAS, local governments lack adequate funding for the planting and the ongoing maintenance of trees; and WHEREAS, if the air quality improvement effects of these strategies could be quantified, then they may be used to generate valuable air pollution credits that may generate revenue for ongoing maintenance efforts; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislative or regulatory efforts to quantify the air quality benefits of strategic tree planting and other "cool community" measures to allow such strategies to be used as a creditable measure under the State ImPlementation Plan. 0000000000 11 · 14. RESOLUTION RELATING TO ALTERNATIVELY-FUELED, HEAVY-DUTY VEHICLES Source: Los Angeles County Division Referred to: Environmental Quality and Transportation, Communications and Public Works Policy Committees Preliminary Recommendation to General Resolutions Committee: Environmental Quality: Approve Transportation, Communications and Public Works: Approve Final Recommendation to General Resolutions Committee: WHEREAS, despite recent improvement, residents of California continue to suffer from among- the worst air quality in the nation; and WHEREAS, motor vehicles, including diesel-burning, heavy-duty vehicles, are responsible for a significant portion of the state's emission inventory; and WHEREAS, diesel exhaust is a suspected carcinogen and the State of California has proposed to classify it as a toxic air contaminant; and WHEREAS, great progress has been made in the development of alternatively-fueled clean technology for light-duty vehicles, but less progress has been made in developing cleaner alternatively- fueled, heavy-duty vehicles; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation to provide funding, technical assistance, and regulatory support for the development and demonstration of alternatively- fueled, heavy-duty vehicles. O00000OO00 Resolutions Referred to Committee on Housing, Community And Economic Development 15. RESOLUTION RELATING TO BUILDING CODES Source: Inland Empire Division Referred to: Housing, Community and Economic Development Policy Committee Preliminary Recommendation to General Resolutions Committee: Policy committee will make final recommendation at October 1 meeting Final Recommendation to General Resolutions Committee: WHEREAS, cities' efforts to assure safe buildings for their communities are greatly simplified by the local adoption of model building codes; and WHEREAS, an integral component of the model building codes is the participation and voting of city representatives on various code proposals; and WHEREAS, a national effort to integrate the three regional codes used in the United States will open markets, foster new technology, and simplify the construction process; and 12 WHEREAS, the International Code Council, which is comprised of voting members from cities and counties, is to be commended for coordinating the effort to unify our codes; and WHEREAS, the public voting process on model codes, such as the International Code Council codes, helps ensure that special interests do not have undue influence over the code development process: and WHEREAS, California's cities are among the most active participants in the International Code Council process; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League endorse the.purpose of the International Code Council and encourage its member cities to participate in the code process to assure that California's interests continue to be appropriately reflected in the adoption of the International Code Council codes. 0000000000 Resolutions Referred to Committee on Public SafeR · 9. RESOLUTION RELATING TO JUVENILE CRIME AND PUBLIC SAFETY Resolution #9 referred also to Committee on Community Services. For recommendation, see Community Services section. 0000000000 16. RESOLUTION RELATING TO SEXUAL ASSAULT CRIMES 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, aggravated assaults occur every 31 seconds in the United States and many of these assaults are of a sexual nature; and WHEREAS, a rape occurs in this nation every six minutes and 87 percent of rapes are by force and violence; and WHEREAS, crimes committed by sexual predators are very often solved based upon the collection and analysis of trace evidence; and WHEREAS, the collection of such trace evidence is difficult and requires the use of specially trained medical professionals to ensure that the evidence is properly collected and made ready for analysis, as well as to ensure that collection does not add to the victim's trauma; and WHEREAS, the analysis of such evidence is equally difficult and challenging and requires costly and highly accurate scientific testing instruments including, but not limited to, DNA, spectrum analysis, and blood and serum analysis; and 13 WHEREAS, Caiifomia's forensic laboratories are underfunded and overburdened by crimes of a sexual nature; 'and WHEREAS, California police agencies frequently pay between $750 and $1,000 for such medical exams, collection of evidence, and testing; and WHEREAS, it is fair, prudent and consistent with past statewide policy that those who cause such services to be used should pay for those services; and WHEREAS, the sexual predator by his or her actions has caused an expense to local government, and the sexual predator should pay for that extra expense; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation that imposes, on any defendant convicted of a sexual assault crime, a fine that would be for the purpose of reimbursing local government entities for the total cost of any medical examination, and evidence collection and testing required. 0000000000 17. RESOLUTION RELATING TO EMERGENCY MEDICAL SERVICES Source: City of Santa Clara Referred to: Public Safety Policy. Committee Preliminary Recommendation to General Resolutions Committee: Approve as amended Final Recommendation to General Resolutions Committee: WHEREAS, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act ("the EMS Act") was enacted by the California State Legislature in 1980; and WHEREAS, the EMS Act has been recently interpreted by the California Supreme Court in the San Bernardino case precluding cities and fire districts from expanding the level and scope of their prehospital medical care beyond that which was provided in 1980 without the approval of county governing bodies; and WHEREAS, the EMS Act has reduced cities' and fire districts' ability to determine the type and level of prehospital emergency medical care provided within their boundaries; and WHEREAS, according to the EMS Act, the emergency medical service providers operating within city and fire district boundaries are responsible to county governing bodies and not city councils or fire district boards; and WHEREAS, cities and fire districts are precluded from holding those emergency medical transport providers (ambulance companies) operating under county authority accountable for the type and level of service delivered to their residents and visitors; and 14 WHEREAS, cities and fire districts have a public-safety-driven motivation to ensure that their citizens and visitors receive prompt and high-quality emergency medical services; and WHEREAS, the General Assembly of the League of California Cities, assembled in annual conference in San Francisco, October 14, 1997, did adopt a resolution and introduced legislation in 1998, AB 2586 authored by Assembly Member Deborah Ortiz, and cosponsored with the California Fire Chiefs Associations, the Fire District Association of California, California Professional Firefighters Association, and California State Firefighters Association, which sought to amend the EMS Act to assure a more inclusive role by local government related to EMS delivery; and WHEREAS, the League of California Cities, by policy, supports and strives to ensure local control of those matters that directly influence the residents and visitors of their communities; now, theretbre, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League work with other interested parties to restore balance to the local control of EMS, and if an when necessary, the League Cosponsor with the California Fire Chiefs Associations, the Fire District Association of California, California Professional Firefighters Association, and California State Firefighters Association, legislation to authorize cities and fire districts to prescribe and monitor the manner and scope of prehospital emergency medical services provided within their boundaries for the purpose of increasing the level of prehospital emergency medical service; to authorize cities and fire districts at their discretion to increase the level of emergency medical services provided within their boundaries, to and including the provision of prehospital emergency medical transport through ambulance services; to coordinate the provision of prehospital emergency medical services with the local emergency medical service agencies; and to authorize cities and fire districts to strategize in the cost recovery associated with the provision of prehospital emergency medical services to medically indigent individuals within their communities. 0000000000 18. RESOLUTION RELATING TO TRAFFIC CONTROL ON STATE HIGHWAYS Source: City of Malibu Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Refer to appropriate policy committee for study Final Recommendation to General Resolutions Committee: WHEREAS, the California Highway Patrol currently patrols freeways within cities and provides traffic law enforcement services to all unincorporated county territory throughout the state; and WHEREAS, under the current state policy cities with freeways and counties all receive an indirect state subsidy through the presence of this law enforcement service at no direct cost to the local agency, while cities that have state highways that are not freeways do not receive this same additional law enforcement benefit; and 15 WHEREAS, this impact is felt especially in cities that have state highways that serve major recreation destinations or serve as m~or non-freeway commuter routes where the additional traffic control and law enforcement impact caused by traffic on such routes reaches freeway volumes; and WHEREAS, as a result.such routes represent a major non-recoverable financial burden to police with the impacted cities having no ability to reduce these added impacts or find ways to charge users for these costs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation that would provide the same level of California Highway Patrol coverage on all state highways through cities, just as coverage is provided for freeways and county unincorporated territory if requested by a city. 0000000000 Resolutions Referred to Committee on Revenue and Taxation 19. RESOLUTION RELATING TO PROPERTY TAX APPEAL PROCESS Source: Orange County Division Referred to: Revenue & Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, California cities must rely on property tax revenue as a primary source of income; and WHEREAS, procedures applicable to appeals of property tax assessments do not routinely provide for notification to affected public entities of such appeals; and WHEREAS, an appeal, if successful, may result in a substantial reduction of income to cities, thereby having a negative impact upon city budgeting, provision of services, and issued bonds; and WHEREAS, California cities support changes to the State of California's property tax appeals process that will provide greater financial protection to cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation implementing the following reforms to the property tax-appeals procedures: 1. Each public agency receiving property tax revenue shall have legal standing to appear and be heard in connection with any property tax appeal affecting property tax revenue to be received by such agency. 2. Each public agency receiving property tax revenue shall be given reasonable notice of the filing of a property tax assessment appeal, applicable filing deadlines, and the date or dates of any 16 hearings to be conducted in connection therewith, where such appeal may affect property tax revenue to be received by such public agency. 3. At least one member of the property tax assessment appeals board shall be a representative of cities and redevelopment agencies within the county and shall be selected by the appropriate League Division, League of California Cities, or by such other entity as may be competent to select a representative to adequately represent the interest of such cities and redevelopment agencies at hearings on property tax assessment appeals. 0000000000 20. RESOLUTION RELATING TO FEDERAL EXCISE TAX ON HEATING OIL Source: City of Fort Bragg Referred to: Revenue and Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, the Taxpayers Relief Act of 1997 contains a provision for collection of an excise tax of $0.244 per gallon of clear, undyed kerosene or Heating Oil # 1; and WHEREAS, these fuels have occasionally been blended with diesel fuel, an illegal practice that avoids payment of the tax when the fuel is sold for highway use; and WHEREAS, kerosene and Heating Oil gl are a primary fuel for homes and industry in cities where natural gas is not available; and WHEREAS, purchasers of kerosene or Heating Oil # 1 may use red-dyed fuel, which is exempt from the excise tax by federal law, except that there is no supply of dyed fuel in California; and WHEREAS, dyed fuel is toxic, as breathing the dye after combustion aggravates respiratory problems and can damage kidneys or the liver after prolonged exposure; and WHEREAS, purchasers of kerosene or Heating Oil # 1 must pay the excise tax as though it is being sold for highway use; and WHEREAS, the only way for purchasers to obtain a refund is to file a claim on the following year income tax return; now, therefore be it RESOLVED, by the Gener;al~Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support and urge the National League of Cities to support federal legislation that: 1. Repeals the excise tax on kerosene and Heating Oil # 1; 2. Eliminates the need for filing a claim for refund of the tax as part of the income tax process; and 17 3. Increases the enfbrcement of existing law that prohibits avoiding the excise tax on fuel sold for highway use. O00000000O Resolutions Referred to Committee on Transportation, Communications and Public Works · 14. RESOLUTION RELATING TO ALTERNATIVELY-FUELED, HEAVY-DUTY VEHICLES Resolution t414 referred also to Co~nmittee on Environmental Quality. For recommendation, see Environmental Quality section. O00000000O 21. RESOLUTION RELATING TO OPERATION AND MAINTENANCE OF STATE HIGHWAYS WITHIN CITIES Source: City of Malibu Referred to: Transportation, Communications and Public WOrks Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve Final Recommendation to General Resolutions Committee: WHEREAS, no one knows the operating and maintenance needs of state highways that traverse cities better than the residents; businesses and city governments through which they run; and WHEREAS, no one is more adversely impacted when such state highways are not properly operated and maintained than these same residents, businesses and city governments; and WHEREAS, at the present time there is no requirement or incentive for local CALTRANS officials to meet with or heed the requests of local officials in assuring that the standard of operation and maintenance is such that the needs of the local community are adequately addressed; and WHEREAS, this problem could be addressed by simply requiring that a procedure be established for cities to file formal requests to local CALTRANS officials, with copies to CALTRANS headquarters and to State Assembly and Senate representatives for corrective measures to be taken to address local concerns about operational and maintenance standards; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, October 3, 1998, that the League support legislation that would provide for a procedure for cities that have state highways within their jurisdictions to file formal requests to local CALTRANS district offices to take corrective action concerning operational and maintenance problems being experienced by the local community that need to be addressed by the state. 18