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HomeMy WebLinkAbout1996-10-07 City Council (7)City of Palo Alto City Manager’s Report 5 TO:HONORABLE CITY COUNC~ FROM:CITY MANAGER DEPARTMENT: CITY MANAGER AGENDA DATE: October 7, 1996 CMR:419:96 SUBJECT:League of California Cities Annual Conference Resolutions REQUEST Attached to this report are the resolutions which will be considered by the League of California Cities at its Annual Conference in Anaheim, October 13-15, 1996. RECOMMENDATIONS Staff recommends that the Council: a) approve Resolutions 1, 4, 5, 6, 7, 8, 9, 10, and 12; b) disapprove Resolutions 2, 3, and 13; c) direct that no action be taken on Resolutions 11 and 14; and d) instruct the Council’s voting delegate accordingly. POLICY IMPLICATIONS It is Council’s practice to review the resolutions prior to the Annual Conference. According to guidelines adopted by the Council in 1988, the Council’s delegate to the Conference shall vote in accord with the Council’s positions. The Council policy acknowledges that the language of a resolution may be amended during its progression from the draft to the final version; the delegate shall exercise judgment as to the l~mal resolution’s consistency with the Council’s position. The adopted resolutions guide the League’s work during the ensuing year. EXECUTIVE SUMMARY Fourteen resolutions were presented for consideration this year and each was reviewed by appropriate League policy committees during their meetings on September 5 and 5. The policy committees will meet again on October 13 to conduct hearings on the resolutions and to make final recommendations. The reports of the policy committees will then go to the General Resolutions Committee before being considered by the League’s voting membership in General Assembly on October 15. Of the 14 resolutions, eight have been preliminarily recommended for approval as sub- mitted or as amended by the policy committees. A key to the recommended actions CMR:419:96 Page 1 of 3 appears on page vi of the attached packet of resolutions, and column 1 of the list beginning on page vii indicates the actions recommended by the policy committees. Resolution #4 is sponsored by the City of Palo Alto. Resolution #8 is sponsored by the City’s NCPA colleague, the City of Lompoc, and the Council previously indicated its intent to co-sponsor that resolution. Staff has reviewed the balance of the resolutions for compatibility with the Council’s existing policies and positions and/or with the City’s procedures. Staff’s recommendations are noted alongside the policy committee recommendations. The comments which follow are limited to those resolutions where City policy differs from the intent of the resolution, where no recommendation has yet been made by the policy committee, or where Council direction is required. Resolution #1 - Presidential Appointments to Policy Committees. At the 1995 Annual Conference, the Desert/Mountain Division submitted an initiative resolution by petition to limit the President’s authority to appoint policy committee members to seven per committee and to increase the League Division appointments to two per division. Previously, the President had the prerogative to make unlimited appointments to policy committees. According to the policies of the League Board of Directors, this was to assure committee participation by representatives of cities of various sizes, from various geographical regions, individual members from both sexes, from various ethnic groups, from various age groups and with various technical skills. The objective of the Desert/Mountain Division was to limit the President’s. influence over committees, presumably strengthening the influence of the League Divisions. The late submission of the 1995 resolution precluded any discussion at the policy committee level; therefore, the debate occurred at the Resolutions Committee and on the floor of the General Assembly. Although disapproved by the Resolutions Committee, the resolution was approved by the General Assembly. As a result of the 1995 resolution, the size and diversity of some policy committees have been reduced. Some complaints have been made that the opportunity for elected and appointed officials to actively participate in League policy development is restricted. Resolution #1 seeks to partially restore the President’s committee appointment power by increasing the limit from seven to fourteen. Staff recommends approval of Resolution #1. Resolution #7 - Human Dignity. and a Zero Tolerance for Hate Crimes. Two policy committees reviewed this resolution and there are minor differences between the versions they recommended for approval. The Public Safety Policy Committee version moves the last Resolved clause to a position as the second Resolved clause and it adds age to the third CMR:419:96 Page 2 of 3 and fourth Whereas clauses and the corresponding Resolved clause. The Council may wish to indicate its preference for one version over the other. Resolution #10 - Urban Forestry. ProgramS. The policy committee delayed approval, pending further information from the sponsor. Staff recommends approval. Resolution #11 - Brownfield Development. A comparable resolution was approved by the League General Assembly in 1994. There is no need to act on this resolution. Resolution # 12 - Criminal Alien Impacts on Local Government. The resolution references the pending federal immigration legislation, HR 2202. The major stumbling block to passage of this legislation has been a provision which would allow states to deny public schooling to illegal immigrant children. The provision has been removed and it appears both houses will approve the legislation prior to Congress’ adjournment. President Clinton has indicated he will sign the bill as amended. Resolution #13 - Fire Extinguishers. The Santa Clara County Fire Prevention Officers (SCCFPO) are opposed to this proposal which would change the servicing requirements for fire extinguishers from an annual basis to once every six years. The SCCFPO may endorse a change to once every two or three years, but no official position has yet been taken on that compromise position. Staff recommends disapproval of Resolution #13. FISCAL IMPACT Adoption of positions on League resolutions will not have a direct fiscal impact on the City. ENVIRONMENTAL ASSESSMENT This does not constitute a project under the California Environmental Quality Act. ATTACHMENTS Annual Conference Resolutions PREPARED BY: Vicci Rudin, Assistant to the City Manager CITY MANAGER APPROVAL: Assig~ tn City,/Manager CMR:419:96 Page 3 of 3 TO: September 16, 1996 SEP 1 6 I996 OFFI~ OE .’[BE cIr~ MANAEI~ MAYORS AND CITY MANAGERS MEMBERS OF THE LEAGUE BOARD OF DIRECTORS MEMBERS OF LEAGUE POLICY COMMITTEES MEMBERS OF GENERAL RESOLUTIONS COMMITTEE Note to City. Manager~ and City_. Clerks: Please make immediate distribution to the mayor and to other city officials planning to attend the 1996 Annual Conference. If additional copies are required, we urge you to reproduce them in your city. Additional copies are not available from the League, but copies will be available at the Conference. RE:TRANSMITTAL OF ANNUAL CONFERENCE RESOLUTIONS This packet contains: I.Information and Procedure II.Guidelines for Annual Conference Resolutions III.Location of Meetings Membership of General Resolutions Committee Preliminary History of Resolutions VI. Annual Conference Resolutions PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE ~ - - October 13-15, 1996 -- Anaheim - - ~ I. INFORMATION AND PROCEDURE Resolutions CQntained in this Packet. The League Bylaws provide that resolutions shall be referred by the President to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be referred to the General Resolutions Committee at the Annual Conference. This year 14 resolutions have been presented for consideration by the Annual Conference and referred to the League policy committees. Each of the policy committees met September 5 or 6 to review proposed resolutions and to formulate preliminary recommendations 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 Sunday, October 13. The location for each of these meetings is shown on page iv. During these hearings, any city official wishing to discuss any resolntion will have an opportunity to address the policy committee concerned. The General Resolutions Committee will meet at 1:30 p.m. on Monday, October 14, in Room A-10 of the Anaheim Convention Center, to consider the reports of the policy committees. 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 9:30 a.m. on Tuesday, October 15, during the Annual Business Meeting in Room A-1 of the Anaheim Convention Center, to consider the report of the General Resolutions Committee. Resolutions approved by the General Resolutions Committee and submitted to the General Assembly will retain the numbers assigned to them in this doctunent. Initiative Resolutions. For those issues that develop after the normal 60-day deadline, a resolution may be introduced with a petition signed by designated voting delegates of 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 deadlin~ is Monday, October 14, 1996, 9:30 a.m. If the Parliamentarian finds that a petitioned resolutions 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. Sedalia Sanders, President League of California Cities Mayor, E1 Centro II.GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing processwithin the League. The principal means for deciding policy on the important issues facing cities and the League is through the standing policy conmaittees and the Board of Directors. The process allows for timely consideration of issues in a changing environment and assures broad access for city officials to both initiate and influence policy decisions. This ilffluence may be exercised directly through participation as a policy committee member or as a city official visiting a committee meeting tO advance a pdsition 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. Ammal Conference resolutions constitute an additional process for developing Leaguepolicies. It is recommended that resolutions adhere to the following criteria. _Guidelines for Annual Conference Resoluti0n~ 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. lll III. LOCATION OF MEETINGS Policy Committee meetings will be as follows: Sunday, October 13, 1996 Policy Committee and 10:30 aom. -Anaheim Convention Center Time,, -,, Room Administrative Services Community Services Environmental Quality Housing, Comm. & Econ. Development Public Safety Revenue and Taxation 9 a.m.B-4 9 a.m.B-5 9 a.m.B-6 10:30 a.m.B-1 10:30 a.m.B-2 10:30 a.m.B-3 [NOTE: The Employee Relations Policy Committee and the Transportation, Communications and Public ~Vorks Policy Committee will ~ be meeting at the Annual Conference. Neither committee had any assigned resolutions, and each completed all outstanding business at their September meetings.] General Resolutions Committee Room A-10 Anaheim Convention Center (Monday, October 14, 1996 1:30 p.m.) General Assembly at the Annual Business Meeting - Room A-1 Anaheim Convention Center (Tuesday, October 15, 1996, 9:30 a.m.) IV. General Resolutions Committee ~ League of California Cities 98th Annual’ Conference - Anaheim, October .13-15, 1996 ~ Chair: Vice Chair: P...~rliamentarian: Ron Bates, Council Member, Los Alamitos Trixie Johnson, Vice Mayor, San Jose Judge Thomas M. Jenkins (Ret.), Superior Court, San Mateo County Deborah Acosta, City Manager, Pleasanton Irma Anderson, Council Member, Richmond Jim Bagley, Council Member, Twentynine Palms Robert Bartlett, Mayor, Monrovia James Biery, Dir. of Public Works, South Gate Robert S. Biery, Dir. of Finance, Thousand Oaks Lara Blakely, Council Member, Monrovia Anna Caballero, Mayor Pro Tem, Salinas Linda Calandra, Mayor Pro Tem, Fresno Willi Campbell, Mayor, Solvang Victor Carrillo, Mayor, Calexico Darryl Choates, Council Member, Seaside Richard Cullinen, Council Member, Cotati David Dhillon, Council Member, E1 Centro Nancy Dillon, City Clerk, Thousand Oaks John Ferraro, Council President, Los Angeles Patricia Figueroa, Council Mem., Mountain View Wally Gregory, Vice Mayor, Visalia Tina Hansen, Council Member, Signal Hill Michael Hernandez, Council Mem., Los Angeles Jack Hoffman, Pers. & Emp. Rels Dir., Glendale Mary Hornbuckle. Council Member, Costa Mesa Larry Houghton, "-ice Mayor, Yountville Norma Jellison, Mayor, El Cerrito Terry Johnson, Council Member, Oceanside Joe Kleitman, Vice Mayor, Mountain View Craig Lake, Council Member, Lemon Grove Richard Lang, Mayor, Modesto RobinReeser Lowe, Vice Mayor, Hemet Ron Lowenberg, Police Chief, Huntington Beach Rosario Marin, Council Member, Huntington Park Kathryn McCullough, Council Mem., Lake Forest Fran Pavley, Mayor Pro Tem, Agoura Hills Phil Pennino, Vice Mayor, Lodi Charlotte Powers, Council Member, San Jose Oscar Rios, Council Member, Watsonville Ann Ritzma, Asst. to the City Manager, Albany Ron Roberts, Council Member, Temecula Elaine Rominger, Mayor, Woodland Helen Rucker, Mayor Pro Tem, Seaside- Max Ruffcorn, Mayor, Lakeport Bill Ruh, Planning Commissioner, Montclair Marcine Shaw, Council Member, Compton Amanda Sussldnd, City Atty., Hidden Hills Art Takahara, Council Member, Mountain View ¯ James S. Thalman, Mayor Pro Tern, Chino Hills George Tockstein, Asst. City Mgr. Santee William Vaughan, Mayor, Norco Jack Wong, Dir. of Comm. Dev., Huntington Park Judy Wright, Council Member, Claremont v HISTORY OF RESOLUTIONS Resolutions have been grouped by po!icy 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 1. Policy Committee - Preliminary 2. Policy Committee - Final 3. General Resolutions Committee 4. General Assembly Action EQ0tnQ~e~ * Subject matter covered in another resoIution ** Policy Committee will make final recommendation at October 13 meeting *** Existing League policy *** * Local authority presently exists KEY TO,,,,,ACTIONS TA ,KEN Approve Disapprove No Action Refer to appropriate policy committee for study a -Amend Aa -Approve as amended Aaa -Approve with additional amendment(s) Ra -Amend and refer as amended .to appropriate policy committee for study Raa -Additional amendments and refer Da-Amend (for clarity or brevity) and Disapprove Na -Amend (for clarity or brevity) and take No Action W - Withdrawn by sponsor [Note: Only those resolutions with an approve recommendation from the General Resolutions Committee are reported on the floor of the General Assembly.] vi Number Key Word Index Reviewing Body Action 1 2 4 COMMITTEE ON ADMINISTRATIVE,,,SERV~2E$ Presidential Appoin{ments to Policy Committees Appointment of Policy Committee Chairs and Vice Chairs Composition of the Board of Directors (Bylaws Amendment) Business Confidentiality and Customer Privacy for Municipal Utilities Open Meetings of Governmental Agencies D D A A A A 4 COMMITTEE ON COMMUNITY SERVICES 1 2 Media Literacy.Aa A Human Dignity and a Zero Tolerance for Hate Crimes Aa A 3 4 COMMITTEE ON ENVIRONMENTAL QUALITY 8 9 10 Oll Electric Industry Restructuring Air" Quality Funds Urban Forestry Programs Brownfield Development 1 2 Aa ~"" Aa A **A 3 4 COMMITTEE ON HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT Brown:field Development I 2 3 4 1, i~,7 ....... 12 13 COMMITTEE ON PUBLIC SAFETY 1 Human Dignity and a Zero Tolerance for Hate Crimes Aa Criminal Alien Impacts on Local Government Aa Fire Extinguishers A 2 3 4 A A D vii Number Key Word Ir~dcx Reviewing Bc)..dy Action COMMITTEE ON REVENUE AND TAXATI~ .1 ~m 2 3 4 ’ l Z{ Vote"} A"~pro,~l for P(even~e M~~s’ures .......[ ......................’""i~ : ~1 +;i ,7 I ........I ......... INOTE: No resolutions were assigned to Employee Relations or Transportation, Communications, and Public Works policy committees.] RESOLUTIONS INITIATED BY PETITION Resolution General Committee Assembly Recommendation Action viii VI.ANNUAL CONFERENCE RESOLUTIONS COMMITTEE ON ADMINISTRATIVE SERVICES RESOLUTION RELATING TO PRESIDENTIAL APPOINTMENTS TO POLICY COMMITTEES Source: ¯ City of Carson .Referred to: Administrative Services Committee Preliminary Recommendation to Resolutions Committee: Policy......Committee will make final recommendatign at October 13 meeting, Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities is organized to assist its members in accomplishing the policies of the collective elected membership; and WHEREAS, the League of California Cities has established through its Bylaws an organizational structure that includes a President, Board 0f Directors, Regional Divisions, Departments and committees; and WHEREAS, the President has the authority to appoint representatives to policy committees in addition to the division and department appointments; and WHEREAS, by action of the General Assembly at the League’s Annual Conference in San Francisco, October 24, 1995, the President’s authority to appoint representatives to policy committees was reduced to seven (7) per committee; and WHEREAS, this action denied many elected officials the opportunity to serve on these policy committees; mad WHEREAS, the League of California Cities encourages active participation by its members, provides training oppommities through involvement in committees and task forces, which in mm develops our future leaders; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League amend its policy to state that the President of the League of California Cities shall be permitted fourteen (14) appointments per policy committee, and those members term shall run concurrently with the President’s term. RESOLUTION RELATING TO APPOINTMENT OF POLICY COMMITTEE CHAIRS AND VICE CHAIRS Desert/Mountain Division Referred to: Administrative ServicesPolicy Committee Preliminary Recommendation to General Resolutions Committee: Final Recommendation to General Resolutions Committee: Disapprove WHEP,~EAS, the League of California Cities has established policy committees; and WHEREAS, the policy committees consist of representation from the various divisions, departments, and appointments made by the League president; and WHEREAS, to ensure that policy committees meet regularly and are run efficiently there is a chair and vice chair appointed; and WHEREAS, the president of the League of California Cities currently appoints the chair and vice chair of policy committees; and WHEREAS, the divisions are the driving force behind the League of California Cities; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League amend its policy as follows: 1. The chair and vice chair of each policy committee is to be elected by each committee within its membership; 2. The election of the chair and vice chair is to be conducted at the first policy committee meeting following the annual General Assembly meeting at the League’s Annual Conference; 3. The chair and vice chair shall serve for one year from the date of election, and shall be eligible to serve more than one term. o RESOLUTION RELATING TO THE COMPOSITION OF THE BOARD OF DIRECTORS (Bylaws Amendment) Source: Desert/Mountain Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Final Recommendation to General Resolutions Committee: Disapprove WHEREAS, the Board of Directors has become too large to properly represent the League of California Cities membership; now, therefore, be it 2 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League amend Article IV, Section 1 of its bylaws to limit the composition of the Board of Directors as follows: ARTICLE IV - BOARD OF DIRECTORS Section 1. Board of Directors. The affairs of the League shall be conducted by a Board of Directors composed of the following: President. First Vice-President. and Second Vice-President of the League; 2) (-a-) The Junior Past President of the League, who shall serve for a term ofone year, immediately succeeding his or her term as President; Each Division shall .appoint .one Board Member with an alternate: Each Department ~hall appoint one Board Member with an alternate: (e) Members of the National League of Cities Board of Directors who hold an office in a California city. . Directors shall hold office until their successors are elected and qualified or, if they sit on the Board by irtue of their membership on the National League of Cities Board of Directors, until their terms on the dational League of Cities Board of Directors expire. RESOLUTION RELATING TO BUSINESS CONFIDENTIALITY AND CUSTOMER PRIVACY FOR MUNICIPAL UTILITIES _S_9_9_r~: City of Palo Alto .. Referred to.: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Final Recommendation to General Resolutions Committee: Approve WHEREAS, dozens of California cities own and operate municipal water, gas, electric, and/or other utility enterprises; and WHEREAS, the California Public Utilities Commission (CPUC) substantially deregulated the gas industry beginning in 1986, thus allowing municipally-owned gas utilities to compete with investor-owned utilities in seeking favorable gas supply and transportation contracts; and WHEREAS, the CPUC has initiated proceedings which will deregulate and restructure the electric industry in order to create a more competitive and cost efficient market; and WHEREAS, investor-owned utilities, such~ as Pacific Gas & Electric and Southern California Edison, carefully protect the confidentiality of proprietary business and customer information in order to remain competitive in the marketplace and to protect customer privacy interests; and WHEREAS, in order to provide fair opportunities for business competition by municipally- owned utilities, the confidentiality of certain business-related utilities information contained in public records must be protected; and WHEREAS, the California Constitution requires that personal information about municipal utility customers must be protected from unwarranted disclosure; and WHEREAS, the California Public Records Act, having been enacted before deregulation of the utility industry, does not contain adequate provisions to allow municipal utilities to protect the confidentiality of proprietary business information and customer privacy; and WHEREAS, in order to remain viable and competitive, municipal utilities can and must have the same degree of business confidentiality protection as investor-owned utilities; and WHEREAS, in order to protect the privacy interests of municipal utility customers, personal customer information held by municipally-owned utilities must be protected from unwarranted disclosure; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support legislation that will provide municipal utilities and their customers with business confidentiality and personal customer information privacy protection that is equivalent to that which is currently enjoyed by investor-owned utilities and their customers. 4 5.RESOLUTION RELATING TO OPEN MEETINGS OF GOVERNMENTAL AGENCIES Desert/Mountain Division Referred to: Administrative Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Final Recommendation to General Resolutions Committee: Approve WHEREAS, the public has placed their trust in government to govern ethically; and WHEREAS, government sometimes takes actions that bring their ethics into question; and WHEREAS, government needs to set the highest ethical standards and adhere to them; now, therefore, be it ¯ RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support legislation that requires: 1. All governmental agencies to conduct their activities with the highest level of ethical standards; 2. The State Legislature conduct all legislative deliberation under the open meeting laws of the Ralph M. Brown Act, specifically that the State Budget deliberations be held in open meetings to allow citizens to fully understand the significance of legislative decisions on their local governments; 3. No governmental agency shall pass laws exempting itself or any other governmental body from the requirements of the law. COMMITTEE ON COMMUNITY SERVICES 6.RESOLUTION RELATING TO MEDIA LITERACY Community Services Policy Committee Referred to: Community Services Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve aS Amended Final Recommendation to General Resolutions Committee: WHEREAS, violent crime is a major concern and cost to cities in California; and WHEREAS, studies have established that consistent and repetitive exposure to violence on screen and in print increases the acceptance of violence in our cities and predisposes some persons to actual violence, leading to a higher incidence of violent crime, especially among youth; and 5 WHEREAS, graphic violence ignores the human cost of making violence acceptable by imitation; and WHEREAS, despite these facts, those involved in the creation, production, and distribution of materials depicting graphic violence, engage in the recurring cycle of accusation that results in collective abdication of responsibility for the extent of violence in the media and the consequences of such violence on our cities; and WttEREAS, censorship and technological restrictions are no substitute for individuals’ and families’ learning the skills of critical viewing, making informed choices, and managing time spent with all forms of media, particularly in relation to parental responsibility for children’s television viewing; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League take a position in opposition to the overuse of violence in the media and actively promote community education programs which teach the skills of critical viewing. 11,7.RESOLUTION RELATING TO HUMAN DIGNITY AND A ZERO TOLERANCE FOR HATE CRIMES Source: Orange County Division Referred tO: Community Services Policy Committee and Public Safety Policy Committee Preliminary Recommendation of Community Services Policy Committee: Approve az Amended Preliminary Recommendation of Public Safety Policy Committee: Approve as Amended Final Recommendation to General Resolutions Committee: Community Services Amendment (See pg. 11, Resolution #7, for Public Safety version.) WHEREAS, within the cities of California there are residents who represent every walk of life, many nations, varied lifestyles, and different religious beliefs, and this diversity.brings to our state a rich and varied cultural heritage; and WHEREAS, our citizens honor and respect the diversity that exists in the state and when acts of hate are committed against any citizen, it is considered an act against the entire community; and WHEREAS, the cities of California declare that everyone should be treated with courtesy and respect, regardless of their racial background, nation of origin, religion practiced, sexual orientation, gender, or disability status, and it is the right of all citizens to pursue their daily lives with the " knowledge that they will not be physically harmed or verbally abused; and 6 WHEREAS, a hate crime is any criminal or attempted criminal act that is motivated by the victim’s race, ethnicity, religion, sexual orientation, gender, or disability status, which may involve a verbal, written, or physical action that is intended to create emotional suffering, physical harm, or property damage; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support a policy that affirms human dignity and strives to permanently eliminate all hate crimes, and has a zero tolerance for any hate crimes within our respective cities and that the cities of California agree in the strongest terms that they will vigorously fight criminal activity known as "hate crime" with all of the resources at their disposal; and be it further RESOLVED, in support of this declaration, that the cities of California send these messages: To our communities we say, "Believe in the interdependence of all PeOPle. Participate at your places of worship and community meetings, and lend your voice in opposing hate"; To our schools we say, "Continue your programs and curricula which promote respect towards those who are different. Call on resources of your city, county, state, and the nation as you engage in the educational process to battle hate"; To the parents we say, "Act as positive role models for your Children by demonstrating tolerance towards those whose race, nationality, religion, sexual orientation, gender, or disability status may be different from yours. You are the most powerful influence on your children’s behavior"; To the young people we say, "Educate yourselves to the ways of the world and the lessons of history. Develop sensitivity toward the feelings of others. Thus, as you grow into adulthood and become society’s leaders, you will be more effective in the fight to preserve man’s humanity toward man"; and be it further RESOLVED, that since silence and apathy are the greatest allies of those committing hate crimes, if you are a victim or a witness of a hate crime, go to the nearest telephone, call 9-1-1 and say "I w-ant to report a hate crime;" with those seven words, you will instantly have as an ally the full resources of the cities of California; you are not alone!; and be it further RESOLVED, that the cities of California warn those who advocate or perpetrate hate, not to t¢.st the cities’ resolve to oppose them as each city is encouraged to vigorously pursue a course of investigation, apprehension, prosecution, conviction, and incarceration of all those who participate in hate crimes. COMMITTEE ON ENVIRONMENTAL QUALITY ~.. RESOLUTION RELATING TO ELECTRIC INDUSTRYRESTRUCTURING ~S._Q_~: Council Member Mike Siminski, City of Lompoc Referr~.d tQ: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Am¢nd.¢d Final Recommendation to General Resolutions Committee: WHEREAS, Califomia’s Constitution specifically grants the authority to local government to provide electricity service, resulting in more than 30 percent of California residents and businesses being served by.electric service from local government-operated electric utilities; and WHEREAS, municipal utilities are governed by either directly-elected or appointed governing bodies, and their consumers, who are the owners of the municipal electric utility, participate in the rate- making decisions of theutility; and WHEREAS, the League of California Cities historically has opposed CPUC intrusion into the activities of municipal utilities and has adopted policy guidelines regarding electricity restructuring that state, "No restructuring proposal should abridge the existing authority of municipal utilities to operate or abridge the ability of cities to form municipal utilities in the future,"; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League reaffirm its support of electric service by consumer-owned public power municipal utilities and encourage the continuation of the "home rule" authority vested in California’s cities; and be it further RESOLVED, that the League continue to participate in the electric industry restructuring debate to ensure that no erosion of local government authority occurs; and be it further RESOLVED, that the League oppose all legislation that erodes the ability and authority of municipal utilities to operate. RESOLUTION RELATING TO AIR QUALITY FUNDS Source: Los Angeles County Division Referred tO: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, local governments have an important role to play in California’s efforts to achieve clean air for its citizens; and WHEREAS, air districts that are designated as nonattainment are entitled to levy fees to fund pmgran~.s to reduce air pollution from motor vehicles under §44223 of the Health and Safety Code (AB 2766); and : WHEREAS, local governments in the South Coast and Bay Area districts receive a portion of these funds to implement local programs to reduce emissions from motor vehicles; and WHEREAS, local governments use these funds to meet their obligations under the California and the federal Clean Air Acts; and WHEREAS, the local government air quality programs that have been implemented using these funds have resulted in the cost-effective reduction of air pollutant emissions; and WHEREAS, the Legislature has sought to use these funds to pay for new air quality programs; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League continue to oppose legislation redirecting the AB 2766 funds, which are currently used by local governments for locally-based air quality programs. 10.RESOLUTION RELATING TO URBAN FORESTRY PROGRAMS Source: Los Angeles County Division Referred to: Environmental Quality Policy Committee Preliminary Recommendation to General Resolutions Committee: make final recommendation at October 13 meeting. Final Recommendation to General Resolutions Committee: Policy Committee will WHEREAS, the urban forest is a vital infrastructure system, essential to the quality of life in the urban environment; and WHEREAS, appropriate urban forest planting provides areas of natural environment, cleans the air and water, reduces the "heat-island effect," and abates stormwater runoff and erosion; and WHEREAS, the urban forest safeguards and enhances property values, securing and encouraging public and private investment; and WHEREAS, local governments have successfully leveraged local and state funds, such as those available through the Environmental Enhancement and Mitigation Program, to promote urban forestry, enhance urban neighborhoods, support community organizations, and provide jobs and job training; now, therefore, be it 9 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League strongly support community urban forestry programs and continued state funding mechanisms, such as the Environmental Enhancement and Mitigation Program, to ensure that the urban forest is properly maintained and enhanced. RESOLUTION RELATING TO BROWNFIELD DEVELOPMENT Source: Los Ang.etes County Division Referred to: Environmental Quality Policy Committee and Housing, Community, and Economic Development Policy Committee Preliminary Recommendation of EQ Policy Committee: Existing .League Policy Preliminary Recommendation of riCED Policy Committee: Policy Committee to make final ¯ reommendation at October 13 meeting, Final Recommendation to General Resolutions Committee: WHEREAS, the development of abandoned industrial and commercial areas is critical to increasing municipal revenues and improving the quality of life for many¯ communities; and WHEREAS, brownfields, which are abandoned, idled, or under-used industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination, are impediments to fully utilizing these areas; and . WHEREAS, local governments have limited fiscal incentives to encourage private industry to fund environmental assessment and clean-up activities at these brownfMds; now, therefore, be it RESOLVED, by the General Assembly of the League ofCalifornia Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support state and federal legislation that . would create additional fiscal incentives, including, but not limited to, grant programs, revolving loan funds, and tax relief to encourage private industry to invest in brownfield development. COMMITTEE ON HOUSING, COMMUNITY, AND ECONOMIC DEVELOPMENT RESOLUTION RELATING TO BROWNFIELD DEVELOPMENT Jointly referred - See Resolution #11 in Environmental Quality for recommendations of both committees. 10 COMMITTEE ON PUBLIC SAFETY RESOLUTION RELATING TO HUMAN DIGNITY AND A ZERO TOLERANCE FOR HATE CRIMES Jointly referred - See Resolution 7 in Community Services for recommendationsof both committees. Public Safety Committee Amendments (See pg. 6, Resolution #7, for Community Services version.) WHEREAS," within the cities of California there are residents who represent every walk of life, many nations, varied lifestyles, and different religious beliefs, and this diversity brings to our state a rich and varied cultural heritage; and WHEREAS, our citizens honor and respect the diversity that exists in the state and when acts of hate are committed against any citizen, it is considered an act against the entire community; and WHEREAS, the cities of California declare that everyone should be treated with courtesy and respect, regardless of their racial background, nation of origin, religion practiced, sexual orientation, gender, age, or disability status, andit is the right of all citizens to pursue their daily lives with the - knowledge that they will not be physically harmed or verbally abused; and WHEREAS, a hate crime is any criminal or attempted criminal act that is motivated by the victim’s race, ethnicity, religion, sexual orientation, gender, age, or disability status, which may involve a verbal, written, or physical action that is intended to create emotional suffering, physical harm, or property damage; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support a policy that affirrns human dignity and strives to permanently eliminate all hate crimes, and has a zero tolerance for any hate crimes within our respective cities and that the cities of California agree in the strongest terms that they will vigorously fight criminal activity known as "hate crime" with all of the resources at their disposal; and be it further RESOLVED, that the cities of California warn those who advocate or perpetrate hate, not to test the cities’ resolve to oppose them as each city is encouraged to vigorously pursue a course of investigation, apprehension, prosecutign, conviction, and incarceration of all those who participate in hate crimes; and be it further " RESOLVED, in support of this declaration, that the cities of California send these messages: To our communities we say, "Believe in the interdependence of all people. Participate at your places of worship and community meetings, and lend your voice in opposing hate"; 11 To our schools we say, "Continue your programs and curricula which promote respect towards those who are different. Call on resources of your city, comity, state, and the nation as you engage in the educational process to battle hate"; To the parents we say, "Act as positive role models for your children by demonstrating tolerance towards those whose race, nationality, religion, sexual orientation, gender, age, or disability status may be different from yours. You are the most powerful influence on your children’s behavior"; To the young people we say, "Educate yourselves to the ways of the world and the lessons of history. Develop sensitivity toward the feelings of others. Thus, as you grow into adulthood and become society’s leaders, you will be more effective in the fight to preserve man’s humanity toward man"; and be it further RESOLVED, that since silence and apathy are the greatest allies of those committing hate crimes, if you are a victim or a witness of a hate crime, go to the nearest telephone, call 9-1-1 and say "I want to report a hate crime;" with those seven words, you will instantly have as an ally the full resources of the cities of California; you are not alone!; and be it further 12.RESOLUTION RELATING TO CRIMINAL ALIEN IMPACTS ON LOCAL GOVERNMENT Source: Public Safety Policy Committee Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Approve as Amended Final Recommendation to General Resolutions Committee: WHEREAS, the League of California Cities issued a report of the Immigration and Naturalization Task Force in May, 1995, which addresses the broad range of immigration impacts on state and local government; and WHEREAS, anaong the various recommendations for policy development included in the task force report is the issue of deportabie felons and the costs to the State of California, cities and counties of incarcerating criminal aliens; and WHEREAS, as of 1995 an estimated 18,000 deportable felons are incarcerated in state prisons arid approximately 7,000 deportable immigrants in county jails with early estimates for 1996 at a substantially higher number; and WHEREAS, tens of thousands additional deportable illegal aliens commit misdemeanor crimes which endanger the public safety and violate property rights of law-abiding legal residents; and WHEREAS, California cities’ jails and detention centers are the criminal alien’s "point of entry" into the criminal justice system, which is often overlooked as the critical apprehension juncture; and 12 WHEREAS, the pending Immigration Bill, HR 2202, includes language that clarifies the intent of the Congress in the 1995 Crime Bill, which authorized reimbursement for incarceration costs to local government; and WHEREAS, not only has the increase in illegal alien criminal activity impacted the costs to local government through increased demands of public services by illegal aliens in general, but has recently brought forward the issue of officer safety; and WHEREAS, the impact has escalated to a level where local public safety personnel are endangered, evidenced through recent incidents involving deportable felons and police officer shootings, including the shooting of Anaheim police officer Tim Garcia and the murder of CHP officer Don J. Burt; and WHEREAS, local government has borne the burden of incarcerating, housing, and prosecuting illegal criminal aliens in addition to putting local police officers in danger; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembledin Annual Conference in Anaheim, October 15, 1996, that the League support legislation regarding reimbursement to local agencies, specifically cities, for the costs associated with incarcerating criminal illegal aliens, including the pending Immigration Bill HR 2202; and be it further RESOLVED, that the League hereby urge the federal government, especially the Immigration and Naturalization Service, to assist requesting California cities by instituting a city-based program that assigns an INS agent to cities that operate jails and detention centers, to identify and place a hold on suspected criminal aliens in an effort to enhance the criminal justice process and prevent such criminal aliens from being released into California communities. 13.RESOLUTION RELATING TO FIRE EXTINGUISHERS Source: Los Angeles County Division Referred to: Public Safety Policy Committee Preliminary Recommendation to General Resolutions Committee: Final Recommendation to General Resolutions Committee: Approve , WHEREAS, portable fire extinguishers are required to be serviced and recharged on an annual basis; and WHEREAS, forty-eight states, as well as fire extinguisher manufacturers acknowledge six years as the standard frequency for servicing and recharging portable fire extinguishers; and WHEREAS, fire inspectors and businesses would save time and money if portable fire extinguishers were serviced and recharged on a less frequent but still adequate schedule; now, therefore, be it 13 RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League support legislation that would amend the State Fire Code to require portable fire extinguishers to be serviced and recharged every six years or after each use. 14. COMMITTEE ON REVEN~tJE AND TAXATION RESOLUTION RELATING TO VOTER APPROVAL FOR REVENUE MEASURES Source: City of Woodland Referred tO: Revenue & Taxation Policy Committee Preliminary Recommendation to General Resolutions Committee: Final Recommendation to General Resolutions Committee: NO Action WHEREAS, local governments are struggling financially to meet the current and future needs of their communities; and WHEREAS, current state law requires local governments to present virtually all proposals to raise local revenues to the !ocal electorate for approval; and WHEREAS, the people of the State of California desire greater accountability from all segments of their government, including local government, and specific purpose revenue measures, including taxes, enhance governmental accountability through greater public awareness and understanding of how the revenues to be raised will be spent; and WHEREAS, current state law discourages local governments from approaching voters with more accountable special purpose revenue proposals due to the higher standard 2/3rds voter approval (i.e., "super majority") required for passage; and WHEREAS, many communities have been denied thenew revenue necessary to address critical service or facilities needs from a specific purpose tax measures that failed passage despite having received more than a simple majority (50% plus one) voter approval for passage; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Anaheim, October 15, 1996, that the League sponsor legislation or a statewide initiative, as-may be necessary, to change state law such that general revenue measures require a super majority (2/3rds) voter approval for passage, and special purpose revenue measures require a simple majority (50% plus one) voter approval for passage. 14