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1998-09-22 City Council (16)
TO: City of Palo Alto City Manager’s Repor HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT:CITY MANAGER’S OFFICE DATE:SEPTEMBER 22, 1998 CMR:372:98 SUBJECT: 1999 LEAGUE OF CALIFORNIA CITIES RESOLUTIONS RECOMMENDATION Staff recommends that the Council approve the recommendations contained in this report regarding the City of Palo Alto’s position on the League of California Cities’ 1999 resolutions. BACKGROUND Each year, at its annual conference, the League of California Cities considers a range of resolutions that the League will support in the coming year. These resolutions are proposed by League members and then considered by League Policy Committees. Resolutions approved by the Policy Committees are put to a vote of the League’s General Assembly. Traditionally,. the Mayor attends the annual League conference and acts as the City’s voting delegate. When each resolution is considered, the Mayor can vote to approve, vote to disapprove or take no action. These votes are based on recommendations from staff as approved by the City Council. DISCUSSION The League of California Cities annual conference will take place on October 2-4, 1998. Twenty-one resolutions will be considered on a variety of topics, including child care, building codes and emergency medical services, to name a few. (See attachment A) The resolutions were reviewed by staff members whose programmatic areas most closely relate to the topic of the resolution. For each resolution, staff members recommended that the City either approve, disapprove or take no action. In making their recommendations, staff members first considered whether the issue addressedin the resolution was a relevant one for the City of Palo Alto. If the issue was not particularly relevant to the City, staffrecommended "no action." In addition, in some cases, CMR:372:98 Page 1 of 4 staff members recommended "no action" when they did not feel the implications of the resolution for the City could be completely understood at this time. If the issue was relevant and its implications were clear, staff than considered whether the position in the resolution was one that supported the City’s interests. If the City’s interests were supported, staff recommnded to approve. If not, the recommendation was to disapprove. The resolutions are listed below along with the department that reviewed the resolution, the staff recommendation and the preliminary recommendation of the League Policy Committee to which the resolution has been assigned. Resolution (Described in Attachment A) 1.Better Cities... League Centennial 2.Supporting Full Participation and Debate 3.League Policy Development Process 4. Campaign Reform 5. Local Government Liability 6.Before-and After-School Care Programs 7. Child Care 8. Youth Employment 9.Juvenile Crime and Public Safety 10. Social Security Mandate 11.Employment Support Initiative Reviewing City Department Clerk’s Office Clerk’s Office Clerk’s Office Clerk’s.Office Attorney’s Office Community Services Community Services Community Services Community Services and Police Human Resources Human Resources Staff Recom- mendation Approve Approve Disapprove No Action Approve Approve Approve Approve Approve Approve No Action Prelim. League Policy Committee Recommendation Approve Approve Disapprove No Action Approve Approve No Action Approve Approved by one Policy Committee, referred to a second Approve Amend and refer to Policy Committee CMR:372:98 Page 2 of 4 Resolution (Described in Attachment A) 12. Labeling of Forest Products 13.Quantification of"Cool Community" Strategies 14.Alternatively-Fueled, Heavy-Duty Vehicles 15. Building Codes 16. Sexual Assault Crimes 17.Emergency Medical Services 18.Traffic Control on State Highways 19.Property Tax Appeal Process 20.Federal Excise Tax on Heating Oil 21.Operation and Maintenance of State Highways Within Cities Reviewing City Department Community Svcs., Public Works, and Admin. Svcs. Public Works Public Works Planning and Comm. Env. Police Fire Police Administrative Services Administrative Services Planning and Comm. Env. Staff Recom- mendation No Action Approve Approve Approve Approve Approve No Action Approve No Action Prelim. League Policy Committee Recommendation Approve Approve Approve Recommendation will be made Oct. 1 Approve Approve Refer to Policy Committee Approve Approve No Action Approve RESOURCE IMPACT There is no resource impact associated with the recommendations in this staff report. POLICY IMPLICATIONS Taking a position on League resolutions is consistent with previous Council practice. The positions recommended herein are not inconsistent with City policy. ENVIRONMENTAL REVIEW CMR:372:98 Page 3 of 4 This staff report does not represent a project under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A - 1999 League of California Cities Resolutions PREPARED BY: Audrey Seymlur, Se~ Execut~nt CITY MANAGER APPROVAL. CMR:372:98 Page 4 of 4 TO: Attachment A August 24, 1998 98, UG MAYORS AND CIT~F .~.,~AGERS C l ".- ’~’ " ," t ’.;-’ ";’. ..... MgMBERS OF T~ LEAG~ BO~ OF DIRECTORS MEMBERS OF LEAGUE POLICY COMMITTEES MEMBERS OF GENERAL RESOLUTIONS COMMITTEE Note to City Managers and CitT Clerks: Please.make immediate distribution to the mayor and to other city officials planuing 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 atthe Conference. RE:TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS This packet contains: I.Infomaation and Procedure II.Guidelines for Annual Conference Resolutions III. IV. Location of Meetings Membership of General Resolutions Committee go VI. Preliminary History of Resolutions Annual Conference Resolutions PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE - - - October 2.4, 1998 -- Long Beach ~ - - I. INFORMATION AND PROCEDURE Resolution.~Contained in this Packet. The League Bylaws provide that resolutions shall be referred by the President to an appropriate policy commiltee for review and recommendation. Resolutions with committee recomJnendations shall then be referred to the General Resolutions Commitlee at the Annual Conference. This year 21 resolutions have been presented for consideration by the Annual Conference and referred to the League policy committees. Each of the policy committees met August..!3 or 14 to review proposed resolutions and to formulate preliminary recomlnendations prior to the Annual Conference. The sponsors of the resolutions were notified of the time and place of those meetings. This packet.contains a copy of all resolutions that have been received and assigned to policy. committees. The source of the resolutions, the policy committees to which they were assigned, and the preliminary recommendations of the policy committees to the General Resolutions Committee are indicated. The recommended actions reported in this packet are preliminary. Consideration of Resolutions at Conference. Another meeting Of policy committees will be held at the Annual Conference on Thursday, October 1. The location for each of these meetings is shown on page iv. During these hearings, any city official wishing to discuss any resolution will have an opportunity to address the policy co~nmittee concerned. 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. The General Assembly will convene at 1:30 p.m. on Saturday, October 3, during the Annual Business Meeting in the Long Beach Convention Center to consider the report of the General R~solutions Committee. Resolutions approved by the General Resolutions Committee and submitted to the General Assembly will retain the numbers assigned to them in this document. Initiative Resolntions. For those issues that develop after the normal 60.-day de.adJi.ne, a.. resolutionmay be introduced with a petition signed by designated voting delegates 0f 10 percent of all member.cities.(47 valid signatures required) and presented to the President of the League no later than 24 hours prior to the time set for convening the Annual Business Session ¯ of the General Assembly. This year, the deadline is Friday, October 2, 1998, 1:30 p.m. If the Parliamentarian finds that a petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution will be disqualified. Any questions concerning the resolutions procedure should be directed to Marian Avila in the Sacramento office of the League, 916-658-8224. Ronald Bates, President . League of California Cities Mayor, Los Alamitos 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 con;titute an additional processfor developing League policies. It is recommended that resolutions adhere to the following criteria. Guidelines for Almual Conference Resolutions 2. 3. 4. The issue addressed in the resolution has a direct relation to municipal affairs. The issue is not of a purely local or regional concern. Generally, the recommended policy should not restate existing League policy. 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 Policy Committee Time Administrative Services 3 p.m. Community Services ~3 p.m. Environmental Quality 3 p.m. Transp., Communications & Public Works3 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: Vicc Chair: Parliamentarian: John Ferraro, Council President, Los Angeles Oscar Rios, Council Member, Watsonville Arlen Gregorio, Attorney at Law, San Francisco John Abbott, Mayor, Hesperia Don Bankhead, Mayor, Fullerton Jane Bartke, Mayor, El Cerrito Bob Bartlett, Mayor, Monrovia Robert Biery, Finance Dir., ThousandOaks lrwin Bornstein, Admin Svcs. Dir., Mission Viejo Bob Brown, Comm. Devel. Dir., San Rafael Laurann Cook, Mayor, Fountain Valley Becky Dennis, Vice Mayor Pleasanton Ramon A. Diaz, City Manager, Palm Desert Mike Doyle, Council Member, Danville Steve Eckis, City Attorney, Poway Nadine Felix, Dep. Dir. ConventiordArts 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 Tern, Huntington Beach Gilbert Grijalva, Mayor Pro Tern, 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, CouncilMember, 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 Mark Montemayor, Council Member, W. Sacramento Beverly O’Neill, Mayor, Long Beach Robert Pinzler, Council Member, Redondo Beach James Ross, Exec. Dir. Pub. Wks, Santa Ana Don Sanders, Council Memb~r~ Co’lt6fi ...... Mike Siminski, Council Member, Lompoc Jeffrey Stone, Council Member, Temecula Barbara Sullivan, Council Member, Merced Larry Todd, Police Chief, Los Gatos, MonteSereno John Torres, Human Resources Dir., Corona Sam Torres, Council Member, Perris Liz Williams, Mayor, Gonzales V V. HISTORY OF RESOLUTIONS Resolutions hm,e 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 - 2. Policy Committee - Final D - 3. General Resolutions Committee N - 4. General Assembly ...R- Action Footnotes a- * Subject matter covered in another resolution Aa- ** Policy Committee will make final recommendation at Octoberi meeting Aaa - *** Existing League policy Ra - **** Local authority presently exists Raa - Na- Approve Disapprove No Action Refer to appropriate .policy. committee. for s(udy Amend Approve as amended Approve with additional amendment(s) Amend and, refer as amended to appropriate policy committee for study Additional amendments and refer Amend (for clarity or brevity) and Disapprove 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 Key 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 10 Social Security Mandate Aa 11 Employment Support Initiative Ra COMMITTEE ON ENVIRONMENTAL QUALITY 12 Labeling of Forest Products Aa 13 Quantification of"Cool Community" Strategies A ,14 Alternatively-Fueled, Heavy-Duty Vehicles A COMMITTEE ON HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT 1 2 3 4 15 I Building Codes I **[[[ vii Number Key Word Index Reviewing Body Action COMMITTEE ON PUBLIC SAFETY Juvenile Crime and Public Safety Sexual Assault Crimes Emergency Medical Services Traffic Control on State Highways R Aa Aa R COMMITTEE ON REVENUE AND TAXATION 19 Property Tax Appeal Process A 20 Federal Excise Tax on Heating’0il A COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS Alternatively-Fueled, Heavy-Duty Vehicles A Operation and Maintenance of State Highways Within Cities A RESOLUTIONS INITIATED BY PETITION Resolution Committee Recommendation General Assembly Action Policy\acres\table98.doc Vlll VI. ANNUAL CONFERENCE RESOLUTIONS Resolutions Referred to Committee on Administrative Services "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, the 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--A 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 California 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 o 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 California 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 California 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 recgmmendations 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 fullyand 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 California 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, 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/0r 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 nonainated 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 3 RESOLUTION RELATING TO CAMPAIGN REFORM Source: City of Lompoc I~eferred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Final Recommendation to General Resolutions Committee: No Action 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 unregulated, 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 disasters 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, plam:ing, 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, As’sembly Member Scott Baugh introduced legislation (AB 263 l) on behalf of the City of Anaheimto 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 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: 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. o RESOLUTION RELATING TO CHILD CARE Source: Los Angeles County Division Referred to: Community Services Policy Committee Preliminary. Recommendation to General Resolutions Committee: Final Recommendation to General Resolutions Committee: No Action 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; o The state to expand assistance for child care so that,quality child care is affordable for families and providers; 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; 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; 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; °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 RESOLUTION RELATING TO YOUTH EMPLOYMENT Source: Los Angeles County Division Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Final Recommendation to General Resolutions Committee: Approve as amended 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 mi!!i.o..n..t.o le..s.s tha.n $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 i.t 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: Request the National League of Cities to encourage the federal govemment 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 fundin.g for youth job training programs; 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; Support state legislation that creates tax incentives to encourage community-based businesses to recruit local youth for meaningful employment opportunities with good pay and increased responsibility. 0000000000 7 RESOLUTION RELATING TO JUVENILE CRIME AND PUBLIC SAFETY Source: Los Angeles County Division Referred to: Community Services and Public Safety Policy Committees Preliminary Recommendation to General Resolutions Committee Community Services: Approve as amended Public Safety: Refer to appropriate policy 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 preventidn and early intervention programs and s~rat~i~stdd~er j~ivenile crime, and encourages partnerships among parents, schools, community groups and law enforcement agencies. 0000000000 I0. Resolutions Referred to Committee on Employee Relations 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 California Cities is to oppose mandatory Social Security for public employers and employees; and WHEREAS, the proposed 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 program 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 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 Refen’ed to: Employee Relations Policy Committee Preliminary Recommendation to General Resolutions Committee: Amend and refer as 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. 9 12. Resolutions Referred to Committee on Environmental Quality RESOLUTION RELATING TO LABELING OF FOREST PRODUCTS Source: Los Angeles County Division Referred to: Enviromnental 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 nalural 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 international, non-profit independent, organization known as the .Forest Stewai’dship C0tii~il (F~C); " and WHEREAS, these standards ensure that forests are managed in a manner that both protects the important functions of forests while also providing forest lando~vners 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 Produe.ts, 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 ofth~ 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 govemments 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 II .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: Environrnental 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 die~;el-buming, heavy-duty vehicles, are responsible for a significant portion of the state’s emission inventory; and WHEREAS, diesel exhaust is a suspected carcinogen and theState of california lizigproigbsed 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. 0000000000 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 Intemational 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 Safety_ 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 asto 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 WHEREAS, California’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 withpast 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 tile 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 fo.r the purpose .of.reimbursing .local government entities for the total cost of any medical examination, and evidence collection and testing required. 17.RESOLUTION REL.ATING 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 ana 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 anxiual 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, 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 work with other interested parties to restore balance to the local control of EMS, and if an when necessary, the League.cosponsorwith~ 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 thelevel 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 Mal:ibu 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 major 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 and 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 reiy on property tax revenue as a primary source of income; 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 tile 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. 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 Geiaeral 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 # 1 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 General 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: and 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; 17 3. Increases the enforcement of existing law that prohibits avoiding the excise tax on fiLel sold for highway use. 0000000000 .... Resolutions Referred to Committee on Transportation, Communications and Public Works RESOLUTION RELATING TO ALTERNATIVELY-FUELED, HEAVY-DUTY VEHICLES Resolution #14 referred also to Committee on Environmental Quality. For recommendation, see Environmental Quality section. 0000000000 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 W.HEREAS, 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 beaddressed 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 De 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 assembl.ed 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