HomeMy WebLinkAboutItem 7.2 League of CA Cities Resolutions CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 26 , 1983
SUBJECT League of California Cities Annual Conference
Resolutions
EXHIBITS ATTACHED Annual Conference Resolutions ; Housing Policy
Statement
RECOMMENDATION Discuss those resolutions of particular interest to the
Council and direct Council ' s voting delegate to vote
appropriately
FINANCIAL STATEMENT: None
DESCRIPTION Each year , as part of the Annual League of California
Cities Conference , the members of the League of California Cities consider a
number of resolutions that impact local government . Attached you will find
information on 82 resolutions which have been presented for consideration by
the annual conference . Each of these resolutions have been referred to the
League ' s Policy Committees which have formulated preliminary recommendations
on most of the resolutions . Another meeting of each Policy Committee will be
held at the Annual Conference commencing at 1 : 30 p.m. on Sunday, October 2nd.
During these Policy Committee meetings , any member of the Council may discuss
any resolution which is being considered by the Policy Committee . On
Tuesday, October 4th, the General Resolutions Committee will meet to consider
reports of the Policy Committee . The General Assembly will convene at
10 : 30 a .m. to consider the report of the General Resolutions Committee . At
that General Assembly meeting , the City should have a voting delegate to
represent the City of Dublin ' s interest .
In reviewing the attached conference resolutions , there are a number of
resolutions that would benefit or impact the City of Dublin. These
resolutions , in many ways , form the action plan of the League of California
Cities for the upcoming year . Of particular note in the transmittal are the
following :
Resolution #1 - The Amended League Dues Structure
Resolution #11 - Local Authority in Cable TV
Resolutions #16 - #18 - Re Housing
Resolutions #40 & $41 - Re Hazardous Waste
Resolutions #56 - $64 - Re Local Government Finance
Resolutions #70 & #71 - Re Traffic Speed Standards Set by Local Communities
It is Staff ' s recommendation that the City Council discuss any of those
resolutions that need to be addressed, and instruct the voting delegate to
the League to vote appropriately at the General Assembly.
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COPIES TO :
ITEM NO.
Cit ies.
.,-. .eg..gue wl
September 13, 1983
TO: MAYORS, CITY MIANAGERS AND CITY CLERKS IN NON-MANAGER CITIES
MEMBERS OF THE LEAGUE BOARD OF DIRECTORS
MEMBERS' OF LEAGUE POLICY COMMITTEES
Note to City )\•lana,gers and City Clerks: Please make immediate distribution
to the rlrlayor and to all other city officials planning to attend the 1983 Annual
Conference. If additional copies of this packet are required, we urge you to
reproduce it in your city. Additional copies are not now available from the
League, but copies will be available at the Conference.
RE: TRANSI-4ITTAL GF AN54NIJAL C0� ERENvCE RESG`UTIC NS
This packet contains: !`
I. Informa%ion and Procedure
II. Preliminary History of Resolutions
III. kdornbershic of General Resolutions Committee
IV. Annual Conference Resolutions
{ PLEASE BRING THIS PACKET WITH YOU TO THE ANNUAL CONFERENCE }
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League of California Cities 85th Annual Conference
San Francisco, California — October 2-5, 1988
I. INFORMATION AND PROCEDURE
The League Constitution and Bylaws provide each policy committee will be held at the
?i.that resolutions shall be referred by the Annual Conference commencing at 1:30 p.m. on
President to an appropriate policy committee Sunday, October 2. The location o each of
review and recommendation, and that these meetings is shown below. During these
..resolutions with recommendations shall then be hearings, anyone wishing to discuss any
referred to the General Resolutions Committee resolution will have an opportunity to address
:1i at the Annual Conference. the policy committee concerned.
=4 i This year, 82 resolutions have been presented The General Resolutions Committee will meet
il.'Ii:'for consideration by the Annual Conference, at 9:00 a.m. on Tuesday,. October 4, in the
its N" and these resolutions have been referred to the Continental Parlor 6 of the San Francisco
�? ;!FLeague policy committees. Each of the policy Hilton Hotel to consider the reports of the
)committees met August 31 or September 1 to policy committees. The General Assembly will
i16,11;j review, proposed resolutions and to formulate convene at 10:30 a.m. on Wednesday, October 5,
ti`!li preliminary recommendations prior to the in the Continental Ballroom 5 of the Hilton
ttf,i':i`; Annual Conference. All sponsors of resolutions Hotel to consider the report of the General
lyti;�il:were notified of the time and place of those Resolutions Committee.
meetings.
?: Resolutions approved by the General
Attached are all resolutions which have been Resolutions Committee and submitted to the
r .�, received and assigned to policy committees, General Assembly will retain the numbers
indicating the source of the resolutions, the assigned to them in this document. Any
{; policy committees to which they were assigned questions concerning the resolutions procedure
and the preliminary recommendations of the should be directed to Dan Harrison in the
policy committees to the General Resolutions Sacramento office of the League.
'tlj x� Committee.
The recommended actions reported in this Harry Armstrong, President
:,;18.":
...packet are preliminary. Another, .meeting of League of California Cities
4.
e!i
' LOCATION OF POLICY COMMITTEE HEARINGS
?"
-Z All committee hearings will be held on Sunday, October 2, commencing at 1:30 p.m. in the following
meeting rooms:
t' ADMINISTRATIVE SERVICES - Continental Parlor 6 Hilton Hotel
COMMUNITY DEVELOPMENT - Continental Parlor 2 Hilton Hotel
COMMUNITY SERVICES - Dolores Room, Hyatt Union Square
;',.. y: EMPLOYEE RELATIONS - Plaza Square West, Hyatt Union Square
ENVIRONMENTAL QUALITY - Continental Parlor 8, Hilton Hotel .
PUBLIC SAFETY - Merced Room, Hyatt Union Square
REVENUE AND TAXATION - Continental Parlor 5, Hilton Hotel
l l TRANSPORTATION & PUBLIC WORKS- Plaza Square East, Hyatt Union Square
i!n
:;` ii
II. PRELIMINARY HISTORY OF RESOLUTIONS
(Grouped by Policy Committee to V/hich Assigned)
Number _ Key Ward Index _ — Reviewing Body Action
COMIMITTEE ON ADMINISTRATIVE SERVICES
1. League Dues Structure A
2. League Resolutions Procedure A 1'�rf1
3. Smoking Restrictions at Meetings D
4. _ Joint and Several Liability Aa
5. Absent Voter's Ballot A
6_ Election of City Council Members D
7. Political Reform Act of 1974 �j f
- I l•�4.a;.
113
8. Campaign Disclosure R
9_ Records Management and Retention D ? 'i.'
Federal Legislation on Cable TV
10. (Consolidated with #11) N*
.11. Local Authority in Cable TV Aa
Federal Cable TV Legislation
.12. (Consolidated with #11) N
13. Telecommunications Service R
14. Competition in Telecommunications A
15. Legislative Expenditures — D If,t>. rl
COMMITTEE ON COMMUNITY DEVELOPMENT
1.6. League Housing Policy Aa
•at.
17. Housing Policy Addenda Aa
18. — Incentiv_e for Affordahle Housing Aa
See Page viii for key to Reviewing Body Actions.
'sy
Number Key Word Index Reviewing Body Action
COMi`11TTEE ON COMMUNITY DEVELOPMENT continued
19. Enforcement of Building Regulations
-x--x-�-?t•
--
L;,4 'f
20. (\Consolidated with #21) N*
21. Eviction of Tenants Without Just Cause Aa
ii,l; --- ---- -- -- ----- — ----
l �i:�`; 22. City Termination of Annexations Aa
23. Zoning by Initiative . D
i`•f
".14r1'` 24. (;rov,,th Impact Mitigation Fee D
25. Off Sale Liquor Licenses Aa
1L,.Cj
COMMITTEE ON COMMUNITY SERVICES
`;kMr
2C�. Dept. of Rec., Parks Com. Services A
League Librarians' Department D
;yy - 213. Surplus School Site Disposition Aa
29. Park and Rec. Facilities Act of 1984 Aa
30. State-Supported Civil Detox. Facilities Aa
National Priorities Aa
COMMITTEE ON EMPLOYEE RELATIONS
:..: 32. Health Care Cost Containment Aa
33. Disahility Pensions Aa
34. Liberal Construction Clause/Workers' Comp. A
3 Workers Comp. Certificates of Contractors R
36. Cumulative Trauma A
37. Compulsory and Binding Arbitration Aa
i v
Number Key Word Index --- Reviewinq Body Action
COMMITTEE ON EMPLOYEE RELATIONS continued
l 2
38. Strikes by Transit System Employees Aa
39. Joint PERS Liaison
Committee Aa
COMMITTEE ON ENVIRONMENTAL QUALITY
40._ Hazardous Waste Management Aa
-- — --- -- — Ii;ll
41. Hazardous Materials Emergency Cleanup Aa lS�I
42. Ocean Disposal of Nuclear Wastes � Aa
43. Solid Waste Disposal/Land Use Na
1s;1,.,,
44. EPA Sanctions South Coast Air Basin N
y.ol
45. Environmental Review of High Speed Rail Aa
46. Salt Water for Sanitation & Fire Protection Aa
47. Federal and State Control of Utility Rates N '?.
COMMITTEE ON PUBLIC SAFETY `
48. Controlled Substance Analysis Aa
49. Carrying of Firearms D
50. Medical Helicopters D
51. Liquor License Protest Fee p
— --- ti'�iilis•�,�
52. Liquor License Protest Fee Exemption A
I iii?4tdi
_— •;��tihjfa�
53. Parking Citations Aa
54. Crisis Relocation Planning Aa
—
55. Law Enforcement Agencies Accreditation A
,i'i i,•iCi°
v
111'
III•'�•i jE.:
Number Key Word Index . Reviewinq Body Action
COMMITTEE ON REVENUE AND TAXATION
1; x!1 1 2 3
56. Project Independence — Aa — —
':�b'4; 57. Lonq—Term Local Government Financin **"*
50. One-Cent Sales Tax Subvention Exchange Aa
1i'i`y14` 59. Sales Tax_Constitutional Amendment N* _
N�i•;i'i�i 60. Reallocation of Sales Tax N* ---`
61. Additional Local Revenue Sources N
62. California Lottery
,. N
63. California Lottery N
,.•.�-;l 64. Local Income Tax N
65. Camper Tax R
66. State Mandates A
67. Tax Relief for Seismic Safety D
,
:.• ,.i?:; 68. Animal Spay and Neuter Programs ��**
COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS
69. Transportation Maintenance Priorities A
70. Excessive Speeds b
P Y Motor Vehicles Aa
A,1+1 ra tic peed tan an d------
,,.;: 71. (Consolidated with #70) N*
72. Local Government Representation on CTCDC N
:r
73. Transit Fare Box Requirements Aa
74. Requirements for Formal Bids N
75. Public Bid and Prevailing Wage 9 Requirements R 9 q
76. Freeway Interchange Cost-Sharing Policy R
77. Shared Funding for Freeway Interchanqes R
vi
, ::i
Number Key Word Index Reviewing Body Action
7;
COMMITTEE ON TRANSPORTATION AND PUBLIC WORKS continued
1 2 3 4
78. SCRTD Board N
79. Employer-Paid Parking A
80. Fundinq Street and Road Repairs N
81. Derailment Cleanup D
82. Railroad Noise N
LC�f
jl •i}fie
�;.
. �`:�•Viz;
' 11i:f�iiK:
11.:•�i;:PitY
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Wilt
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7 r
KEY TO REVIEWING BODIES
1. Policy Committee - Preliminary
2. Policy Committee - Final
3. Genera! Resolutions Committee
is�7.4!r1l• -
,Y.,:;;i4 4. General Assembly
KEY TO ACTIONS TAKEN
r I�f.
:
ys;i4!
j4D
A Approve
D Disapprove+
N No Action+
. � ; R Refer to appropriate policy committee for study
i a Amend
A Amend and approve
R Amend and refer as amended to appropriate policy committee for
study+
Na Amend (for clarity or brevity) and No Action+
ilY
�h
Da Amend (for clarity or brevity) and Disapprove+.
Except for initiated resolutions resolutions with this
recommendation from the General Resolutions Committee are
not reported on the floor of the General Assembly.
ACTION AMPLICATION FOOTNOTES
Subject matter covered in other resolutions
Existing League policy
Local authority presently exists
i�•x
Policy Committee will make recommendation at October 2 meeting
viii
is-�1 ` •
III. GENERAL RESOLUTIONS COMMI1 r.E
League of California Cities
85th Annual Conference
San Francisco, October 2-5, 1983
Chair: Joy Picus, Council Member, Los Angeles
Vice Chair: Dr. James Hughes, Vice Mayor, Pacific Grove
Parliamentarian: Judge Thomas M. Jenkins, Superior Court, San Mateo County a
Frank Acosta, Chief of Police, Los Gatos
Brian Bilbra Mayor, Im erial Beach GENERAL RESOLUTIONS COMMITTEE r
y' Imperial OCTOBER 4 ..y
Fil Chavez, Planning Commissioner, San Diego 9:00 a.m.
Rex C. Clark, Council Member, Watsonville
Hal Conklin, Council Member, Santa Barbara CONTINENTAL PARLOR 6
BALLROOM FLOOR, HILTON HOTEL
Gregory R. Cox, Mayor, Chula Vista. SAN FRANCISCO
Jack Crist, Director of Finance, Sacramento
Phil Daher, Director of Parks and Recreation, Fresno
Ken Edwards, Mayor, Santa Monica t
Barbara Gard, Mayor, Redding
Robert F. Gentry, Mayor, Laguna Beach
Loretta Thompson-Glickman, Mayor, Pasadena
Ron Gonzales, Council Member, Sunnyvale
Roger M. Harlow, Mayor, Indio
George E. "Bud" Hannaford, Mayor, Folsom 'j rTr
Harold M. Hayes, Mayor, Montclair 5;
Roger Hedgecock, Mayor, San Diego
Norma Hicks, Mayor, Brea
Donald A. Holt, Jr., Council Member, Placentia
Warren Hopkins, Vice Mayor, Rohnert Park
Karen Humphrey, Council Member, Fresno
Leon Lancaster, Dir. of Public Works/City Engineer, Clovis
Linda LeQuire, Mayor, Fullerton
Robert J. Logan, City Attorney, San Jose
Ann Marshall, Council Member, Corcoran
Carl May, Vice Mayor, Desert Hot Springs
Nell Mirels, Mayor, Rolling Hills Estates
Sandy Motley, Council Member, Davis ';
John J. Plungy, Jr., Vice Mayor, Cupertino <'
Robert W. Quinlan, City Manager, Cupertino
Patricia Rapozo, Council Member, Hanford
John W. Reber, Mayor, E1 Cajon
Florence Rhoads, Mayor, San Mateo
Paula J. Riley, Mayor, Westmorland
Robert Rodriguez, Council Member, La Verne !?
Eunice Sato, Council Member, Long Beach
Michael J. Scavuzzo, Council Member, Crescent City
Allen Settle, Council Member, San Luis Obispo
Eugene Shelton, Mayor, Morro Bay ! "i
Bruce Simons, Fire Chief, Modesto ! �1�
Shirley D. Sisk, Council Member, Newark
Judith Sumich, City Clerk, Palm Springs
Nao Takasugi, Mayor, Oxnard
Anthony "Tony" Tirado, Council Member, Calexico
John C. Van Doren, Council Member, Duarte
Marvin Wells, Council Member, Merced
Daniel K. Whitehurst, Mayor, Fresno
Florus C. Williams, Mayor, Pacific Grove
Lionel Wilson, Mayor, Oakland
Norm Woods, Council Member, South Lake Tahoe '
ix
.CEf.
' 'flu�•�i
IV. ANNUAL CONFERENCE RESOLUTIONS
Resolutions Referred to the Committee on Administrative Services
].. RESOLUTION RELATING TO LEAGUE DUES STRUCTURE; AMENDMENT OF THE
LEAGUE CONSTITUTION AND BYLAWS
Source: Special Policy Committee on League Dues Structure
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Approve > `<s
Final Recommendation to Resolutions Committee: i;:`::'{h
WHEREAS, the purposes of the League of California Cities can only be
achieved through the active participation of city officials in their or anization• and " y;
9 P P Y 9 �
WHEREAS, that organization also requires the financial support of the 435
cities of California; to continue the League legislative services--lobbying, research and
information exchange, training, public education and working with the media--which are
needed now more than ever given the current climate of public and legislative opinion; and
a,..kt5
WHEREAS, the last dues increase was adopted by the membership of the
League in October 1972, and during that period dues have increased approximately 1.6 0/0 f
per year while operating costs have average 9.35% per year even with no growth in staff r3r
support; and 't
PP i
WHEREAS it is the feeling of the Special Policy Committee on League Dues
Structure after discussions with city officials up and down the state that the League's
legislative representation and membership service programs are needed more than ever,
and that smaller regular increases would be preferred to the large periodic increase as
have been experienced in the past; now, therefore, be it ? <;;
RESOLVED, by the General Assembly of the League of California Cities, i
assembled in the Annual Conference in San Francisco, October.5, 1983, that the following
amendments be made to the League Constitution and Bylaws: ' ! t
ARTICLE IX - DUES
Section 1. Dues.
The Annual dues for Member Cities, and the annual service charge for Registered
l ll'1"`.
Cities of the League, on and after January 1, l-9W--+, .1984, shall be as follows:
For cities having a population of:
1 to 500 $ 15x00 $ 21x; ) 1
501 to 600 38,90 53
601 to 700 --�5r09 105
tf:..
701 to 800 -a3,99 T ;'''?iz;•<
801 to 900 98100 137 y1'wh
901 to 1,000 ]-20,9.0- 168
1,001 to 11250 A819-0 263
1,251 t o 1,500 43 3-.8� 326
1,501 to 1,750 478,9 } 389
1,751 to 2,000 3-38,80- 462
2,001 to 2,250 }53,80- 494
';'`.•i':• .ii
2,251 to 2,500 X98,80- 546
2,501 to 2 750 _413,80- 578
1 1
2,751 to 3,000 "x'58,80-
-
3,001 to 4,000 583,80- 704
4,001 to 5,000 -6-90 8ga 840
5,001 to 7,500 7-88,80- 1,02
7 501 to 10 000 90880 1
1 1 , ,260
ti+;:;�•, 10,001 to 151000 -1790&-99 1,523
15,001 to 20,000 -1725-},99 1,754
20,001 to 25,000 4y5r4.-08 2,195
':5':k?i!.:• 25,001 to 30,000 -138BJ-08 2,636
30,001 to 40,000 -2-i;$.GO 3,245
40,001 to 50
1 1 000
-2 79-2-G G9 3,948
50,001 to 60,000 -372!;4.-08 4,547
60,001 to 70,000 5.77},410
70,001 to 80,000 X25{}-08 5,250
80,001 to 90,000 -3799&--G8 5,597
90,001 to 100,000 -47380 08 6,132
100,001 to 125,000 -47995:08 6,993
125 001 to '150 000 -5 498-00 7 697
b;.�.,,., 1 1 7 1
i!0Fr'!;' 150,001 to 200,000 -67244.-08 8,747
200,001 to 500,000 $}14,8r} $439.00 per each 10,000 of population
over 500,000
P_,4
8,80- TTtO6.00 per each 10,000 of population
In no event shall the annual dues or service charge for any city exceed a total amount
of $3-5780L1.- $50,000, and no city's dues will increase more than $5,000 per year.
For the purpose of this section, the population of each city shall be the population
determined by the State Controller, in making the most recent allocation t-G•-ei 4e-q-
; ' ptrrsa�t-to- k�eek�iele L� yse-Fee 1= v� of subventions to cities.
Section 2. Increase in Dues.
4,. :,
As may he warranted the Board of Directors by a taro-thirds (2/3) vote may increase
r9ljr�1:': the dues schedule as provided in Section 1 up to ten percent 10% annually.
Section 3. Chanqe in Dues by Divisions. _
A majority of the regional divisions representing a majority of the .member cities may
reject any Section 2 dues increase within 90 days after the dues statements are mailed to
member cities. Any Division so rejecting shall notify the League office within said 90
days together with its suggested increase, if any.
...................................................................................................................................
2. RESOLUTION RELATING TO LEAGUE RESOLUTIONS PROCEDURE; AMENDMENT OF
THE LEAGUE CONSTITUTION AND 13YLAWS
',..:;.;
Source: Board of Directors
Referred to: Committee on Administrative Services
!!:i! 2
Preliminary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee: ;":`:
..�. .
WHEREAS, the League Constitution and Bylaws provide that all resolutions be
received for assignment to an appropriate policy committee for review and
recommendations forty-five (45) prior to the Annual Conference; and
WHEREAS, there is a process to present a resolution by petition at the Annual
Conference; and
r
WHEREAS, the petition process was originally intended to 'address current ` ~'
issues that should be brought before the General Assembly but that were not otherwise
presented through the normal resolutions process; now, therefore, be it l ; •
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco October 5, 1983, that the Constitution t� E
and Bylaws be amended as follows: l;z:
ARTICLE XII - RESOLUTIONS AND CREDENTIALS COMMITTEE
Section 1. Resolutions.
The President shall appoint a committee on Resolutions thirty (30) days prior to each
Annual Conference, which committee shall consist of not less than thirty (30) city
officials. The President shall appoint to the committee a representative of each policy ! ` ?
committee, regional division and functional department of the League, and he shall also '`^s:
appoint a chairperson and vice chairperson of the committee and such additional members ?.
as the President deems necessary to recognize the multiplicity of functions not
represented by other nominations including but not limited to board and commission
members, professional staff and geographic and population balance. At least forty-five •:,,
(45) days prior to each Annual Conference, each policy committee, regional division and
functional department shall nominate at least one of its members to the President for
appointment to the committee on Resolutions. r;a
air;;,ss;3
i]?
In the event the full-committee is not in attendance at the annual meeting, the
President shall appoint a sufficient number of officials in attendance to achieve a total of
thirty (30). No less than two-thirds (2/3rds) of the membership of the Committee on :''1:^;�'¢
Resolutions shall be mayors and council members. Except resolutions of courtesy,
commendation, appreciation or condolence, no resolution expressing the opinion or policy
of the League on any question shall be considered or discussed by the Conference, unless it zjt'ij,jz
has been first submitted to, and reported on,. by said Committee on Resolutions.
Resolutions shall originate from city officials, the regional divisions, departments, policy
committees, or Board of Directors or by means of being included in a petition signed by i4 f1_i}s'
forty-(40) seventy-five (75) designated voting delegates. Except for resolutions presented '': j
l;i
directly to the President of the League contained in a petition signed by faft-� -(49)
seventy-five (75) designated voting delegates, all resolutions shall be submitted to the
l'
Resolutions Committee, at the League office not later than forty-five (45) days prior to
the opening general session of the Annual Conference. All resolutions submitted to the ;l
Resolutions Committee shall be referred by the President to an appropriate policy
committee for review and recommendation prior to the opening general session of the
Annual Conference, and such resolutions with recommendations shall be reported to the ;
Committee on Resolutions at the Annual Conference.
'�i it k,r4S
3 ti{ '
A designated voting delegate of a city may present by petition a resolution to the
President of the League for consideration by the Resolutions Committee. The petition
must contain the specific language of the resolution, a statement requesting consideration
by the General Assembly and must be signed by feFty-{4J)- seventy-five (75) designated =-
': " voting delegates. The signed petition must be presented to the President of the League no
later than twenty-four (24) hours prior to the time set for convening of the Business
Session of the General Assembly. If the President finds that the petition has been signed
by f-Gpty-(40) seventy-five (75) designated voting delegates, the petition shall be reviewed
by the Parliamentarian and then presented to the Chairman of the Resolutions
Committee. If such petition resolutions are submitted prior to final action on resolutions
by the Resolutions Committee, they will be considered by the Resolutions Committee
}rl'til� following consideration of other resolutions. The resolution contained in the petition,
E; ±}t along with action of the Resolutions Committee, shall be considered by the General
Assembly following consideration of other resolutions.
.e•'�ttiy
1, r If the Parliamentarian finds that a resolution submitted by petition is identical to or
substantially similar in substance to a resolution already under consideration the
si;riiilC petitioned resolution will be disqualified.
In order to facilitate such petition resolutions, a list of voting delegates shall be
made available during the Conference to any voting delegate upon request.
No resolution shall be considered or adopted unless it has some direct relation to
l.,
municipal affairs.
No resolution shall ever be adopted until an opportunity has been afforded for full
and free debate thereon.
Resolutions adopted by the General Assembly of the League meeting in Annual
Conference and such policies as are not inconsistent therewith adopted by the Board of
Directors shall constitute the policy of the League.
........... .............................................
eg i'v.
; ';•, 3. RESOLUTION RELATING TO SMOKING RESTRICTIONS AT LEAGUE MEETINGS
Source: Ellen Fletcher, Council Member, City of Palo Alto
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Disapprove
' Final Recommendation to Resolutions Committee:
WHEREAS, a recent study completed by the Department of Consumer Affairs
has found that tobacco smoke is a major contributor to indoor pollution; and
WHEREAS, numerous studies have shown involuntary smoking to be a
%`•; significant health hazard for several populations, including elderly people, individuals with
disease and individuals with im ared pulmonary (respiratory) function,
including asthmatics and those with obstructive airway disease; and
WHEREAS health hazards induced b
y involuntary smoking include lung cancer,
respiratory infection, increased episodes of decreased exercise tolerance, decreased
pulmony function, bronchoconstriction, and bronchospasm; and
4
WHEREAS, research also shows that tobacco smoke is a major irritant for
nonsmokers, causing symptoms which include burning eyes, nasal congestion and drainage
(rhinitis), sore throat, cough, headache and nausea; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
declare that during League conferences, delegates will:
(1) Not smoke in all meeting rooms except that
(2) Smoking will be permitted in any meeting of all the delegates, provided at
least 50% of the meeting room is designated as a nonsmoking section; and be it
further
RESOLVED, that the League urge the National League of Cities to adopt the '
same rules of conduct at National League conferences.
.................................................................... ............................................................
4. RESOLUTION RELATING TO JOINT AND SEVERAL LIABILITY '`'''�
;.t
Source: East Bay Division s° f
�jti'r]jE
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
tI„ ;pia
WHEREAS, California presently operates under a system of tort law known as ` kf
the "joint and several liability rule," which means that a defendant who is one percent
responsible for a plaintiff's injuries is required to pay 100% of an adverse judgment if the
other defendants have no insurance; and
WHEREAS, because of this rule, California cities are becoming inundated with
claims and lawsuits for damages resulting from accidents in which.the city has little or no
liability; and
WHEREAS, cities are becoming "automatic automatic defendants I I in serious accident
cases because the plaintiff can usually show some tiny degree of negligence in the
maintenance of streets; and
WHEREAS, the League has conducted a survey of this problem, and with one- t r'
quarter of the cities responding, small and medium-sized cities had paid out $16.3 million
in 1980, 1981 and 1982 in cases where they had little or no responsibility ($12.5 million
was paid in 1982 alone) and current damage exposure of those cities is $80 million plus;
and
WHEREAS, the rule of "joint and several liability" has drained public coffers of
funds which are critically needed to provide police and fire protection, and other critical ,I',•i! (Ji
public services; now, therefore be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
reaffirm its support of legislation limiting the liability exposure of cities, including
legislation limiting the rule of "joint and several liability," and make passage of such
legislation a top priority of the League. j•'`;?r:
....................................................................................................... "!I'j I
>'w
5
5. RESOLUTION RELATING TO ABSENT VOTER'S BALLOT APPLICATION PERIOD
Source: City of Carson
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Approve
i;lr +j Final Recommendation to Resolutions Committee:
WHEREAS, absentee ballots are an integral part of the electoral process; and
WHEREAS, absentee bollots serve a critical need for those who cannot make it
to the polls on election day; and
4r
WHEREAS, the electoral absent voter's ballot has been used increasingly by
special consulting firms who encourage absentee voting; and
WHEREAS, these special consulting firms sometimes hold these absent voter
ballot applications until the deadline for submitting them to the city clerk; and
WHEREAS, this procedure creates an unreasonable hardship and/or delay of
the proper administrative handling of electoral affairs; and
WHEREAS, this procedure has also resulted in excessive costs beyond. those
;; ,•;;;• that would be incurred if the ballot applications were returned early enough to be
processed in an orderly fashion; now, therefore be it
:•`<:'' RESOLVED, by the General Assembly of the League of California Cities
;;i assembled in Annual Conference in San Francisco, October 5, 1983, that the League
sponsor or support legislation to require that absentee ballot applications be submitted to
the official who has jurisdiction over the election at least 14 days prior to the election
and support further appropriate legislation to enable sample ballots to be mailed to the
;{ voters in sufficient time to accommodate this new proposed deadline for sample ballot
i, applications.
�y tl; ...................................................................................................................................
Xl� 6. RESOLUTION RELATING TO THE ELECTION OF CITY COUNCIL MEMBERS
Source: Town of Paradise
Referred to: Committee on.Administrative Services
Preliminary Recommendation to Resolutions Committee: Disapprove
_;,,•il,. Final Recommendation to Resolutions Committee:
WHEREAS, Section 35443 of the Government Code provides that three of five
council members will be up for reelection at the same time; and
WHEREAS having the Majority of a council up for reelection at any one time
creates instability in government and can destroy continuity of service; and
WHEREAS, staggered terms providing that not more than two council members
will be up for reelection at any one time will enhance stability and continuity in
government; now, therefore, be it
+'� 6
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation amending Section 35443 of the Government Code to provide that not
more than two council members be considered for reelection during any election.
................................................................................................................................... j=
7. RESOLUTION RELATING TO THE POLITICAL REFORM ACT OF 1974 =:5
Source: City of Yreka
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Policy Committee will
make recommendation at October 2 meeting
Final Recommendation to Resolutions Committee:
WHEREAS, city officials are precluded from acting in regard to a govern-
mental decision in which they have a financial interest pursuant to Government Code !`la
Section 81700• and Vii' l
WHEREAS Government Code Section 87103 defines financial interest as
including any source of income aggregating $250 or more provided to any city official
within the preceding 12 months; and :.! 1{;,,;
WHEREAS, retail merchants serving as city officials are frequently precluded
from acting on matters affecting persons who have made insubstantial purchases but
exceeding the $250 limitation during any twelve-month period and wherein these sales do
not in fact influence the public officials in the performance of their duties in an impartial
manner free from bias; and
WHEREAS, the source of income resulting from the retail sales of merchandise
in excess of $2,000 would be a more realistic limitation as to when a public official might
have a possible conflict from any source of income; now, therefore be it
I:.i'r{i
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation to modify provisions of the Political Reform Act of 1974 whereby
public officials who are sellers of merchandise do not have a conflict of interest unless the
income from such sales exceeds the sum of $2,000. >;1it;
................................................................................................................................... tl
[p,f,
8. RESOLUTION RELATING TO CAMPAIGN DISCLOSURE
Source: City of San Diego J:. i 4
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Refer to appropriate
eolicy committee for study
Final Recommendation to Resolutions Committee:
WHEREAS, present state laws provide for campaign disclosure reporting on a
six-times-per-year schedule; and
7
i1 7
i I7�{�n+ll
?I,.
.;•;h,.N,! WHEREAS, reports for four of the dates between mid-year and year-end are
required to be filed only !f certain threshold conditions have occurred; and
q y ,
WHEREAS local office holders .and candidates for local offices have limited
campaign activity in non-election years and such activity would not likely trigger the need
for filing a threshold statement; and
WHEREAS, the infrequent occurrence of circumstances requiring the filing of
a threshold statement makes for unnecessary confusion among office holders, candidates
and campaign treasurers, especially at the local level; now, therefore, be it
, RESOLVED by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco October 5 1983 that the League
support legislation requiring the state to limit the application of threshold reporting to
state candidates, elected state officers their controlled committees and any committee
formed primarily to support or oppose a state candidate or a state measure.
91p ti{'.
'3S-
9. RESOLUTION RELATING TO LOCAL GOVERNMENT RECORDS MANAGEMENT AND
RETENTION
Source: City of San Diego
Referred to: Committee on Administrative Services
Preliminary Recommendation to Resolutions Committee: Disapprove
Final Recommendation to Resolutions Committee:
a; WHEREAS, present state laws are lacking in specificity, direction and legal
clarity, thus providing little technical assistance to help local governments develop
meaningful records management and retention programs; and
WHEREAS, local governments in California are hampered in developing
3 j}! aggressive records management and retention programs because of these ambiguous state
laws; and
WHEREAS, a regrettable loss of historical records which document our
heritage is occurring because of unclear state laws; and
WHEREAS, a well conceived records management and retention program could
v i`:F:. generate cost savings for cities; now, therefore, be it
• {; . RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation requiring the state to provide technical assistance to local agencies
i = while giving the state the authority to assume custody of unwanted local agency
: .; •;:`' documents for historical record purposes.
...................................... ...........................................................................................
•s;r
~`'I!
p l
(RESOLUTIONS #10, 11 and 1.2 WERE CONSOLIDATED AS RESOLUTION #11.)
J7;7'i
J.l. RESOLUTION RELATING TO THE PROTECTION OF LOCAL AUTHORITY AND
CONSUMER INTERESTS IN CABLE LEGISLATION
Source: Paul E. Zeltner, Mayor, City of Lakewood; Ben Stansbury, Council
Member Ci ty of Beverly Hills and Chair League
: r
Telecommunications Advisory Committee; and Orange County
Division
Referred to: Committee on Administrative Services
Preliminary minary Recommendation to Resolutions Committee: Amend and approve .r`!
Final Recommendation to Resolutions Committee:
WHEREAS, provision of cable television service has.proven to be a valuable
service -to hundreds of communities across the country and holds great promise to all
cities in the United States; and
WHEREAS, a large percentage of cable television franchises in California will
be coming up for renewal in the next five years; now, therefore, be it .3..1,
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
oppose federal legislation on cable television unless it meets the following needs of
California's cities:
at the. time of franchise renewal cities be able to obtain reasonable upgrades of irs
system hardward to "state-of-the-art" standards, be able to refuse renewal to an
operator which has given poor service during the life of the franchise, and that any
court review of renewal or nonrenewal be the same as that accorded other
f• t
legislative decisions;
that the legislation protect cities from antitrust liability for compliance with ?'i!
federal law;
* that all existing franchise commitments be grandfathered and that when a
franchisee deems it necessary to change services, facilities or equipment agreed
upon in the franchise, it first be required to submit to a reasonable dispute
resolution process short of litigation;
* that for systems where rates are deregulated, reasonable alternative consumer
protection mechanisms be available; and that authority to regulate rates be retained z ' _}
by those cities where television reception is difficult without the cable; 'i
* that an limitation on franchise fees not apply to fees charges and taxes charged to fs!?
Y PP Y � 9 9 -
�,.
a cable operator as part of a larger class, for example, utility user taxes; and
* that federal cable legislation not. restrict the ability of cities to require public, i:as1`
educational and governmental access to cable television; and be it further
RESOLVED, that the League introduce a resolution at the National League of
Cities Congress of Cities which requests the National League to modify its cable. "�`"'•ii
9 q 9 Y
television policy to the extent it is inconsistent with the +!; `G
p y points brought forth in this
resolution. :� 1
l`1R fit.
........................................................................... .....................................................
ref;.
�`=tf;:"•.: 13. RESOLUTION RELATING TO THE PROVISION OF TELECOMMUNICATIONS SERVICE
TO THE PUBLIC AGENCIES OF CALIFORNIA
Source: Ben Stansbury, Council Member, City of Beverly Hills and Chair.
League Telecommunications Advisory Committee
Referred to: Committee on Administrative Services
reliminary Recommendation to Resolutions Committee: Refer to appropriate
policy committee for study
Final ecommendation to Resolutions Committee:
f!i l
WHEREAS, the delivery and cost of telephone service in the U.S. will be
drastically different after December 31, 1983, because of the federally mandated breakup
of AT&T; and
irarjl.!: WHEREAS, the local rate structure of telephone service will be increased with
the loss of long distance subsidies; and
WHEREAS
the public sector in California, including cities, is a .heavy user of
telephone and telecommunication service; and
WHEREAS, existing telecommunications systems have limited capacity for
1`=j`"` efficient and economical data and video signal carriage; and
`.s,.;. WHEREAS, the Public Telecommunications Project Report by the California
Public Broadcasting Commission proposed a modern telecommunications system which is
.'Al projected to save the public sector, and hence the taxpayers of California, approximately
! ;�7
i0i E;.; $250 million per year based on present local rates; and
:
WHEREAS, the Public Telecommunications Project Report envisions
utilization of those telephone company services which will be offered after the breakup,
thus minimizing any loss of revenues to the phone company from the public sector now
1$?' therefore, be it '
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
endorse the concepts for a modern telecommunications system for the public sector as set
forth in the Public Telecommunications Project Report; and be it further
si;•.
, s r
TAR. RESOLVED, that the organizational structure for the operation of such a
telecommunications system be such that the needs and interests of all agencies be met as
economically and efficiently as possible; and be it further
RESOLVED, that recommendations for implementation of .the report's
x,61:: concepts be considered and acted upon by the Board of Directors of the League at its
January, 1984, meeting.
;,;,
r ..................................................................................................................................
14. RESOLUTION RELATING TO COMPETITION IN PROVISION OF TELEPHONE AND
OTHER TELECOMMUNICATIONS SERVICES
Source: Ben Stansbury, Council Member, City of Beverly Hills and Chair,
League Telecommunications Advisory Committee
10
,.1
:.�.
Referred to: Committee on Administrative Services
re i�I nary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, Pacific Telephone will become independent of. American Telephone
and Telegraph (AT&T) on January 1, 1984, resulting in a dramatic increase in charges for
local telephone service; and
WHEREAS, technologies are now being developed which may be competitive to . '
traditional telephone services, and now exist for provision of long-distance service; and
WHEREAS, local telephone services have traditionally been subsidized by long
distance charges in order to keep local rates low, thereby enabling a-11 Americans to have
telephones; and
WHEREAS both the federal and state governments are now considering
adoption of special charges, known as "access charges," to be charged telephone users and
used to subsidize local.telephone service; and
WHEREAS, local governments are significant users of telephone services and a
healthy telephone system is essential to the delivery of public safety services; now, Y.
therefore be it
RESOLVED, by the General Assembly of the League of California Cities },j
assembled in Annual Conference in San Francisco, October 5, 1983, that the League ? i
support the concept of competition in provision of all services provided by the telephone ;
companies, whether voice, data or video transmission, and whether local or long distance,
together with a phased plan for deregulation of the telephone company in those markets
where significant competition for provision of the same service has occurred, and that in
order to retain California's current universally available local telephone service at an
affordable rate in this competitive market, that the League urge the California Public
Utilities Commission to adopt a long distance charge structure levied on all long distance
service providers to be used to subsidize local telephone services. .
......................................................................................................
15. RESOLUTION RELATING TO EXPENDITURES OF THE LEGISLATURE
n-
Source: Town of Paradise
Referred to: Committee on Administrative Services '';
Preliminary Recommendation to Resolutions Committee: Disapprove
Final Recommendation to Resolutions Committee:
WHEREAS, the California Constitution prohibits the Legislature of California i
giving or lending of the credit of the State; and
WHEREAS, the California Constitution prohibits the Legislature granting extra
compensation or extra allowances to a public officer or employee; and
WHEREAS, violations of these provisions of the California Constitution have ' '!
occurred; and
?:'i,i!•u. WHEREAS through provisions of Section 9130 of the Government Code and
i; •;!yi associated provisions, rejection by the State Controller of improper and/or illegal claims
submitted by the Legislature, committees thereof and individual legislators is forestalled;
and
WHEREAS, provisions of Section 9130 of the Government Code and associated
'
provisions have resulted in filing of records of expenditures of the Legislature in a manner
P g P 9
which forestalls detailed public review thereof, in the office of the State Controller or
elsewhere, thereby shielding improper and/or illegal expenditures from public exposure on
a continuing basis; and
I,lL� jsi: WHEREAS, this condition "has brought the public esteem for the Legislature to
new lows," as attested by Assemblyman Sam Farr, among others; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation to repeal Section 9130 of the Government Code and associated sections
i;'I;j� which place appropriations for "use and support" of the Legislature in the unique and
11 special category not enjoyed by other branches of government; and be it further
RESOLVED that the League support creation by the Legislature and Governor
of a commission similar to the Little Hoover Commission (minus legislators) with a
mandate to review all claims for expenditures of funds from the appropriations cited, and
:'i;�,l•.r• with authority to reject such claims as may be improper or illegal or do not, as required
for other claims, "meet the needs of the state" and such other criteria as established by
;;;•;,,,.;,�• law, by the State Board of Equalization and by other appropriate offices of California
government; and be it further
RESOLVED, that this commission report annually to the people of California
identifying claims, claimants and amounts rejected, that some confidence in the
Legislature may be restored.
'L�IlI1�: ...................................................................................................................................
J.. !. 4.
Resolutions Referred to the Committee on Community Development
16. RESOLUTION RELATING TO LEAGUE HOUSING POLICY :
s!� Source: Committee on Community Development
F—eferred to: Committee on Community Development
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
;f:., WHEREAS, the League's current housing policy statement was adopted in 1977;
and
WHEREAS there have been substantial changes in housing market and housing
j :i.. needs in California since 1977; and
12
r
WHEREAS, the Committee on Community Development has been working with
affected interest groups and a special task force for the past year in preparing a new
housing policy statement; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League adopt
the document entitled "Housing Policy Statement" which is incorporated by reference as if
fully set forth in this Resolution.
(The Housing Policy Statement is not contained within this booklet, but will be distributed
with the booklet prior to and during the Annual Conference.)
..................................................................................................................................
17. RESOLUTION RELATING TO HOUSING POLICY ADDENDA
Source: Committee on Community Deveopment
Referred to: Committee on Community Development
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, the Committee on Community Development in preparing a new
housing policy statement has identified the need for additional information stating the
causes of our housing problems and explaining possible methods for dealing with the
problems; and
WHEREAS, a housing policy addenda has been prepared briefly stating the
causes and listing a number of programs which could be included in a "How To" manual;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League adopt
the document entitled "Housing Policy Addenda," which examines the causes and possible
solutions to our housing problems, which is incorporated by reference as if fully set forth
in this Resolution.
(The Housing Policy Addenda are attached to the Housing Policy Statement). ~ "
................................................................ ................................. ..........................
18. RESOLUTION RELATING TO STATEWIDE FUNDING TO PROVIDE INFRASTRUCTURE
AS AN INCENTIVE FOR AFFORDABLE HOUSING
Source:" Committee on Community Development
Referred to: Committee on Community Development
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, over the past several years the State Legislature has enacted many
sanctions upon cities for not meeting state housing needs, but virtually no incentives to
assist or encourage cities that desire to meet needs; and i
WHEREAS, lack of necessary public services and facilities ("infrastructure") is
one of the major impediments to the provision of adequate housing particularly for 10W_
and moderate-income persons; now, therefore be it
13
e'•
f,.
.ai ec.,l•iil
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco October 5 1983 that the> > , League
9
°W investigate, develop and support statewide funding as an incentive for approving
affordable housing.
`ij:`j4'4 ................................................................................................................................... _-
1„�
19. RESOLUTION RELATING TO LOCAL ENFORCEMENT OF BUILDING REGULATIONS
Source: Committee on Community Development
R—e-f erred to: Committee on Community Development
r;
Preliminary Recommendation to Resolutions Committee: Policy Committee will
make recommendation at October 2 meeting
Final Recommendation to Resolutions Committee:
h:
WHEREAS, most cities and counties have staff capability to enforce building
and construction regulations; now, therefore, be it
!�•!? RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation or administrative regulations delegating to local government respon-
t`,�•; ! sibility for the enforcement of state regulations related to building and construction; and
be it further
t' '1`i`` RESOLVED
, that the League support authorizing local governing bodies to
designate which department or office is the enforcing agency.
tslil i;'ib
...................................................................................................................................
(RESOLUTIONS #20 and 21 WERE CONSOLIDATED AS RESOLUTION #21.)
st•kr,
I:.;: 21. RESOLUTION RELATING TO EVICTION OF TENANTS WITHOUT JUST CAUSE
�7;1i
;;N, ;Ilt: Source: David Shore, Council Member, City of Sacramento; and Gerry
DeWitt, Council Member, City of Santa Barbara
Referred to: Committee on Community Development
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, with the exception of a small number of California cities, property
1. �i: owners are allowed, by law, to evict their tenants without just cause; and
WHEREAS, there now exists a lack of conformity in California housing
regulations governing eviction without just cause between tenants whose rents are
subsidized by government grants as well as the renters of mobile home space and tenants
v✓ho rent from the private sector and
�,• . P ,
WHEREAS, present law is not clear whether local discretion exists to prohibit
evictions without just cause; now, therefore, be it
ajr RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support the local discretion of each city in California to prohibit eviction without just
cause.
1i
Y.!j, ............................................................... 14 ...............................................................
22. RESOLUTION RELATING TO CITY TERMINATION OF ANNEXATION.PROCEEDINGS
Source: Los Angeles County Division
e .erred to: Committee on Community Development
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, under the Municipal Organization Act of 1977 (Government Code
Sections 35000 et seq.) an annexation may be initiated by an unincorporated area, and
after appropriate specified proceedings, LAFCO may order the city to hold an annexation
election; now, therefore be it
RESOLVED, that cities reacquire the right to self-determination by enabling "c
the city to terminate the annexation process at the conclusion of specified proceedings if 'r
the annexation is not in the best interests of the city.
.................................................................................................................................... •*'{`i
23. RESOLUTION RELATING TO ZONING BY INITIATIVE
Source: City of Victorville
Referred to: Committee on Community Development
Preliminary Recommendation to Resolutions Committee: Disapprove
Final Recommendation to Resolutions Committee:
WHEREAS, the Government Code of the State of California requires that
municipal legislative bodies assume certain duties for planning and zoning within their
respective city boundaries; and
WHEREAS, the Government Code of the State of California requires local
governments to adopt a General Plan with development policies, objectives and standards;
and
WHEREAS, the Government Code of the State of California dictates that all
local development must conform to the General Plan and its adopted elements; and
WHEREAS, zoning by initiative ordinance often is distinctly contrary to the
guidelines and directives that cities must use in planning and zoning; and
WHEREAS, the mandatory nature of initiative ordinance zoning is often t
arbitrary, discriminatory and designed specifically to thwart a particular development;
and ! ;
WHEREAS, initiative ordinance zoning is possible without the benefit of ;,;;; •
careful, comprehensive and scientific surveys or without consideration of present planning
and zoning onditions or prospects of future growth; and
9 P P 9 �
WHEREAS, through the initiative process, zone changes which are subject to
environmental assessment through the requirements of the California Environmental
Quality Act would not be assessed with either a negative declaration being recommended
or the requirement for an Environmental Impact Report; and
15 ''
WHEREAS' there exists no criteria to determine if the proposed initiative
"!"'I
tt
• ordinance zoning contains any safeguards to assure that the ordinance bears a substantial
,rf:11.
Ni: I and reasonable relationship to the public welfare; and
v 1i iH!
WHEREAS, initiative ordinance zoning can be used as a tool to discriminate -
'Sa;;�;•� against bona fide developers granting to cities a greater and more subjective police power
?,;• than they would otherwise be entitled by law if they acted through their duly elected
officials; and
WHEREAS, if the zoning ordinance is approved by the majority vote of the
voters in a municipal election, the zoning for the affected property can only be changed
;•;';DIY;
by another municipal election; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
sponsor a constitutional amendment to eliminate the power to zone or. rezone property
through the initiative ordinance process.
....................................................................................... ........................................
24. RESOLUTION RELATING TO GROWTH IMPACT MITIGATION FEE
Source: Karen Tustin Mayor, City of Placerville
,.,.:...
,�,... ,.. e erred to: Committee on Community Development
Preliminary Recommendation to Resolutions Committee: Disapprove
Final Recommendation to Resolutions Committee:
WHEREAS, local governments have an obligation to provide adequate fire
,t.a•�?j•• 9 P q
i suppression facilities and equipment for the protection of their citizens; and
WHEREAS, school districts have an obligation to assure that adequate school
facilities are available for children; and
t� WHEREAS in many parts of the state the funds for the construction of new
classroom facilities and fire suppression facilities and equipment are not available when
p;;1 '• new development occurs, resulting in the overcrowding of existing schools and the over-
burdening of existing fire suppression facilities; and
WHEREAS, authority currently exists for cities and counties to.require the
,,,•� dedication of land or the payment of fees as a condition to the approval of a residential
development as an interim means of providing classroom facilities where overcrowding
exists; now, therefore be it
RESOLVED, by the General Assembly of the League of California Cities
E.I? assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation authorizing cities and counties to require the dedication of land or the
payment of fees to provide interim or permanent facilities or equipment for school
districts or districts providing fire suppression services if the districts have first made
findings that existing facilities are overcrowded or overburdened.
f;f ...................................................................................................................................
i4 16
,l
25. RESOLUTION RELATING TO THE ISSUANCE OF OFF SALE LIQUOR LICENSES
Source: Sharon Marovich, Council Member, City of Sonora
Referred to: Committee on Community Development
Preliminary Recommendation to Resolutions Committee: Amend and approve !a;^
Final Recommendation to Resolutions Committee:
WHEREAS, Section 23958.3 of the Business and Professions Code regulating
the issuance of off sale liquor licenses precludes the Department of Alcoholic Beverage
Control from taking into consideration such things as noise, operating hours, parking
availability and traffic when it considers off sale beer and wine licenses; and
WHEREAS this Section of the low sunsets December 31 1983• and r
l :
WHEREAS, it is the intention of the convenience store industry to seek an ai
extension of the ban on ABC's consideration of noise, operating hours, parking availability
and traffic when considering the issuance of off sale beer and wine licenses; and
WHEREAS, if new legislation is not passed by December 31, 1983, then the
ABC can start considering noise, operating hours, parking availability and traffic when
considering the issuance of off sale beer and wine licenses; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco October 5 1983 that the League
support the authority of the Department of Alcoholic Beverage Control to consider noise,
operating hours, lighting, parking availability and traffic when it considers off sale beer ',`;
and wine licenses. ^: 4
...................................................................................................................................
Resolutions Referred to the Committee on Community Services
26. RESOLUTION RELATING TO LEAGUE DEPARTMENT OF RECREATION, PARKS AND ^;
COMMUNITY SERVICES; AMENDMENT OF THE LEAGUE CONSTITUTION AND
BYLAWS
Source: League Department of Recreation and .Parks, . Committee on
Community Services and Board of Directors llr ,E
Referred to: Committee on Community Services !p,"
Preliminary Recommendation to Resolutions Committee: . Approve
Final Recommendation to Resolutions Committee: ": ;;.:j
WHEREAS, the League of California Cities recognizes the importance of all ra
services and functions provided by member cities; and
WHEREAS, the League of California Cities also recognizes the importance of
access to the policy development process by city officials from all disciplines and
perspectives; and
WHEREAS, the League of California Cities organizational structure and
budget preclude a separate League department for each and every group of city officials;
and
;
17
f;i.�
I;tiMI
;i4ryl,:Jr WHEREAS, the Board of Directors, the Community Services Policy Committee
and the Recreation and Parks Department of the League of California Cities support
strengthening the League by broadening the scope of its membership; and
-
ll..• WHEREAS the Recreation and Parks Department of the League has adopted
goals, objectives and policies that have created the framework for participation in League =
affairs and the Department elective process by recreation and parks, library, cultural arts,
and human services Officials; now, therefore be it
ti ii;t il,
RESOLVED, by the General Assembly of the League of California Cities
qn$
assembled in Annual Conference in San Francisco, October 5, 1983, that the name of the
"Department of Recreation and Park Officials" be changed to "Department of Recreation,
Parks and Community Services" and that the membership of the Department include
recreation and parks, library, cultural arts, human services, and other related city
Ip
officials; and be it further
RESOLVED, that the Constitution and Bylaws be amended as follows:
ARTICLE IV - BOARD OF DIRECTORS
Section 2. Staggered Terms.
The terms of the Directors shall be staggered, so that the terms of approximately
99 �
one-half of the members of the Board shall expire each year. The terms of the Directors
from the departments of Fiscal Officers, Public Works Officers, Mayors and Council
Members, Planning and Community Development, Fire Chiefs, City Clerks and the
following regional divisions: Central Valley, Imperial County, Monterey Bay, Sacramento
'r•�t i.1;i
,.ru, Valley and San Diego County shall expire in the even-numbered years; and the terms of
the Directors in the departments of City Attorneys, City Managers, Police Chiefs,
{j;k; F�eerti�R-aid �a1 k-E3ffieials Recreation, Parks and Community Services and the
following regional divisions: Channel Counties, Citrus Belt, East Bay, Los Angeles
County, Orange County, Peninsula, Redwood Empire and South San Joaquin Valley shall
expire in the odd-numbered years.
!yijljilF..
ARTICLE VI - DEPARTMENTAL ORGANIZATION
?'i! '���' Section 1. Departments.
There are hereby created the following departments of the League, to wit:
Department of Mayors and Council Members
Department of City Attorneys
Department of Fiscal Officers
Department of Public Works Officers
Department of City Managers
Department of Planning and Community Development
•,•'':'s Department of Police Chiefs
'rl"'= Department of Fire Chiefs
De Rart-r-F�R ef-R-i_-e F ea-t-i-e�-and-Ra-r-I4 O�f1ei��1�
it ..
A;; °, Department of Recreation, Parks and Community Services
Department of City Clerks
Other departments may be created by resolution at the Annual Conference.
`� ii:'• ...................................................................... .
27. RESOLUTION RELATING TO A SEPARATE CITY LIBRARIANS' DEPARTMENT WITHIN ;
THE LEAGUE; AMENDMENT OF THE LEAGUE CONSTITUTION AND BYLAWS
Source: Cities of Torrance Beverly Hills Redwood City, Newport Beach
Redlands {`
Referred to: Committee on Community Services
Preliminary Recommendation to Resolutions Committee: Disapprove
Final Recommendation to Resolutions Committee:
'i
WHEREAS, the League of California Cities was established in 1898 to foster ? `a
and facilitate quality municipal government within the State of California; and !; ''t
WHEREAS, the League has immutably evolved into an acclaimed forum for
excellence in government representing most professional municipal administrators; and
WHEREAS, for more than a century, public librarians have proudly and
effectively served millions of municipal residents of said state by providing the materials, :'?v
information and professional guidance necessary for their educational informational and
P 9 Y ;
spiritual well-being; and
WHEREAS, said librarians have not been officially represented within the
League's Departments to date; and
;.f
WHEREAS, such exclusion has resulted in a multitute of irretrievable oppor-
tunities for vital and necessary communication between library administrators and their l2
counterparts within the existing League; now, therefore, be it
04
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1.983, that a separate
functional Department of City Librarians within the League would be of significantly
enduring value; and be it further
RESOLVED, that the League Constitution and Bylaws be amended as follows:
ARTICLE IV - BOARD OF DIRECTORS
Section 2. Staggered Terms. r,E
The terms of the Directors shall be staggered, so that the terms of approximately
one-half of the members of the Board shall expire each year. The terms of the Directors
from the departments of Fiscal Officers, Public Works Officers, Mayors and Council
Members Planning and Community Development, .Fire Chiefs City Clerks and City
Librarians and the following regional divisions: Central Valley, Imperial County, Monterey
Bay, Valle and San Diego Count shall expire in the even-numbered ears
Y� Y 9 Y P� years;
and the terms of the Directors in the departments of City Attorneys, City Managers,
Police Chiefs, Recreation and Park Officials and the following regional divisions: Channel
Counties, Citrus Belt, East Bay, Los Angeles County, Orange County, Peninsula, Redwood )Is?
Empire and South San Joaquin Valley shall expire in the odd-numbered years.
ARTICLE VI - DEPARTMENTAL ORGANIZATION
Section 1. Departments.
There are hereby created the following departments of the League, to wit:
19
;•ix;� ��!I '
Department of Mayors and Council Members
Department of City Attorneys
`;( " 'f'` Department of Fiscal Officers
•;,c;4f� Department of Public Works Officers
Department of City Managers
Department of Planning and Community Development
Department of Police Chiefs
�z Department of Fire Chiefs
Department of Recreation and Park Officials
Department of City Clerks
Department of City Librarians
1-u:'lal`f��i Other Departments may be created b resolution at the Annual Conference.
3r!4V P Y Y
...................................................................................................................................
28. RESOLUTION RELATING TO SURPLUS SCHOOL SITE DISPOSITION ADVISORY
COMMITTEES
Source: Committee on Community Services
Referred to: Committee on Community Services
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, declining school enrollments in some areas have led school boards
to identify certain school sites as surplus; and
WHEREAS a Surplus School Site Disposition Advisory Committee is created to
,;I!iilr.
explore disposition alternatives and make recommendations to the school board
P P i and
WHEREAS, the Surplus School Site Disposition Advisory Committee should
consider information concerning zoning, compatible uses, and opportunities to retain
public facilities and open space in the public domain; now, therefore, be it
,fly.
.r lil !I ilia!
(�. RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual .Conference in San Francisco, October 5, 1983, that the League
support legislation requiring that Surplus School Site Disposition Advisory Committees
obtain information concerning land use and environmental issues from the city in which
the surplus site is located.
rYY lirr .................................................................................................... .. ......................
Y!1'itff'
K.:
29. RESOLUTION RELATING TO THE CALIFORNIA PARK AND RECREATIONAL
FACILITIES ACT OF 1984
Source: Department of Recreation and Parks Officials
..13j1.F
Referred to: Committee on Community Services
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, the demand for parks, beaches, recreation areas and recreational
facilities, and historical resources preservation projects in California is far greater than
•..i,.,f;. what is presently available; and
20
WHEREAS, the proper planning and development of parks, beaches, recreation
areas and facilites, and historical resources preservation projects contribute not only to a
healthy physical and moral environment, but also contribute to the economic betterment
i.!.
of the state; and
it l
WHEREAS, the enactrent and adoption of the California Park and
Recreational Facilities Act of 1984, by the Legislature and the electorate will provide
$370,000,000 for parklands acquisition and development throughout the state of
California; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League ;
support enactment and adoption of the California Park and Recreational Facilties Act of F '
1984.
...................................................................................................................................
30. RESOLUTION RELATING TO STATE-SUPPORTED CIVIL DETOXIFICATION FACILITIES
Source: Los Angeles County Division `E>.
eF� ferred to: Committee on Community Services
fill:
Preliminary Recommendation to Resolutions Committee: Amend and approve ij :Fl4
Final Recommendation to Resolutions Committee:
WHEREAS, the Sundance decision strictly limits lav, enforcement agencies in
their ability to treat public inebriation as a criminal offense; and
WHEREAS, there are presently insufficient civil detoxification facilities
available; and
WHEREAS, the absence of the facilities has led to an increasing number of
public inebriates; and
WHEREAS, law enforcement agencies are having to convert significant !-
portions of . their jails to accommodate inebriates in compliance with the Sundance _Y1
decision; and l _
WHEREAS, the establishment of additional civil detoxification facilities
funded by a tax created by the State would remove the responsibility for treating an
essentially socio-medical problem from the police and give it to the appropriate social
services authority; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League 1.,.
reaffirm its support for the creation of state-supported civil detoxification facilities for
treatment of public inebriates.
...................................................................................................................................
•+r
21 : `'
ti Sljilt,
31. RESOLUTION RELATING TO NATIONAL PRIORITIES
sr;lj•:':r Source: City of Davis
`q ti.I
Referred to: Committee on Community Services
Preliminary Recommendation to Resolutions Committee: Amend and approve
ii• ,,;,;: Final Recommendation to Resolutions Committee:
WHEREAS, our nation's cities are in desperate need of federal action which
generates jobs for their residents and eases the economic plight of the poor and those on
fixed incomes; and
•,j, ilip
WHEREAS, increases in military spending proposed to take effect during the
next four years would be paid for in part by cutting domestic programs which have already
been reduced significantly; and
g Y� . ..
WHEREAS, military spending generates sewer jobs by dollars-spent than other
federal programs; and
eM}�T,; .
WHEREAS, cities are confronted with a wide range of budget problems--
;::;i,j: reduced revenues, unemployment, declining federal and state assistance, increasing
difficulties in the bond markets, rising labor, service and infrastructure costs--all of which
,..,.,{,I,• reduce the ability of cities to provide basic services; and
WHEREAS, there is growing consensus in the Congress and around the country
that increases in military spending must be curbed; now, therefore, be it
;r ,:i •• RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League urge
and request the National League of Cities to urge the Administration and the Congress to
restrain the precipitous buildup in the military budget; and be it further
RESOLVED, that the League and the National League of Cities urge the
j: .
Congress to make more federal funds available for domestic programs that will strengthen
9 P 9 9
;'i,Il.l• the nation's economy, reduce unemployment, improve health care, and ensure a decent
quality of life for all citizens.
'..'•1: I ....................................................................................
Resolutions Referred to the Committee on Employee Relations
I
a( ;?: 32. RESOLUTION RELATING TO HEALTH CARE COST CONTAINMENT
Source: Committee on Employee Relations
Referred to: Committee on Employee Relations
•j;}; Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, hospital costs per day have risen more than 700% since 1962 and
the average cost of a hospital stay (6.8 days) per patient has increased from $3,765 to
$4,566 in just one year; and
22
Zt
•Vie}�!�.,:.i
WHEREAS, continuing double digit inflation in health care costs has brought
health insurance premium increases in the last year of 2511% to 85% and up; and
WHEREAS, both public and private employers have used several means of
containing health care costs, such as ,
formation of employer coalitions coinsurance .:
substantial and updated deductibles, continuing employee educational programs, pre- ;
admission testing and review, second surgical opinions and outpatient surgical programs, ;
audits of hospital bills, convalescence in nursing homes, birthing centers and hospice care
for the terminally ill; and ??'
WHEREAS, California has become a leader in contracting systems that
promise to achieve 10% to 25% reductions in health care costs without reducing the
quality of health care and without greatly changing the financing and delivery of health
care services; now, therefore, be it
RESOLVED, by the General Assembly of the .League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League: `' '
1 Support legislation to control and reduce the costs of health care;
(2) Serve as a clearinghouse to bring to the attention of all member cities successful
devices to control health care costs; and
(3) Include in appropriate conference and institute programs presentations and
background papers on methods of controlling and reducing health care costs.
...................................................................................................................................
33. RESOLUTION RELATING TO DISABILITY PENSIONS
Source: Los Angeles County Division
Referred to: Committee on Employee Relations
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, currently the Workers' Compensation Appeals Board's
determination that an injury was sustained in the course of employment is binding on the
Board of Pension Commissioners; and
WHEREAS, a service-connected disability pension is awarded merely if an
individual is determined disabled; and
4i;1�plc;
WHEREAS., Rules and Regulations of the Workers' _Compensation Appeals
Board define a qualified injury as one which permanently precludes or is likely to preclude
an employee from engaging in his usual or customary occupation or the position in which i4!i '4
he was engaged at the time of injury; and
WHEREAS, the State Rehabilitation Bureau interprets this Section to mean =?;;•,:'i ;:::'+.
that an employee who cannot perform the specific job and duties which he was performing
at the time of injury is a qualified disabled person, even though the person could perform
in a restricted duty position; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support revisions to the Rules and Regulations of the Workers' Compensation Appeals
'�:{i 115!.•
f 1 A•_,y,.
i fr,t .
Board to ensure a broader interpretation of the meaning of customary occupation or
"1 position so that an injured person is not necessarily entitled to a disability pension merely
because he or she is unable to perform his/her usual duties, but is able to retain the same
'i.'l•'.' job classification, receive the same salary and fringe benefits and the same promotional
opportunities as others in the same classification; and be it further
RESOLVED, that the legislation should provide that municipalities are not
bound by the orders, rules, findings, decisions or awards of the Worker's Compensation
Appeals Board in disability pension matters.
.............................................................................................. .
,I•(:rye•
f '!}` 34. RESOLUTION RELATING TO THE "LIBERAL CONSTRUCTION" CLAUSE FOR
;?ra,•l.
WORKERS' COMPENSATION BENEFITS
Source: Los Angeles County Division
Referred to: Committee on Employee Relations
re i I minary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, Section 3202 of the California Labor Code provides for the
"Liberal Construction" of workers' compensation benefits; and
WHEREAS, Section 3202 directs that provision of the Labor Code be liberally
construed by the courts for the purpose of extending benefits for the protection of persons
injured in the course of employment; and
WHEREAS, notwithstanding the enactment of Section 3202.5 in 1982 to require
a preponderance of the evidence, the liberal construction provision remains in
i;fl : Section 3202; and
51,S.ot;r�;
? Ki? WHEREAS, the Liberal Construction Rule enables an applicant found disabled
t,}Ati'i:t to receive a service-connected disability pension; and
X11"� WHEREAS, stress claimed by an individual whether perceived or actual, is
com ensable• now, therefore be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco October 5 1983 that the League
support legislation deleting the words "Liberally Construed" from Section 3202 of the
K California Labor Code allowing each case to be decided b a preponderance of 'the
g Y P P '
evidence.
..............
35. RESOLUTION RELATING TO WORKER'S COMPENSATION CERTIFICATES OF
CONTRACTORS
"'�'` Source: Los Angeles County Division
.1,;.,• Referred to: Committee on Employee Relations
+' 24
•11;ii
Preliminary Recommendation to Resolutions Committee: Refer to appropriate
policy committee for
Final Recommendation to Resolutions Committee:
WHEREAS, Section 3800 of the Labor Code of the State of California requires
that contractors shall file with a city or county, a Certificate of Worker's Compensation
prior to the issuance of a permit for construction, alteration, etc., of a building or
structure; and
WHEREAS; the maintenance of separate files for worker's compensation
certificates in each city and county in the State is an enormous and unnecessary
duplication of effort; and
WHEREAS, every contractor who does work in more than one city or county in
the State is burdened with the necessity of filing duplicate worker's compensation
certificates in each jurisdiction; and
i'
WHEREAS the Business and Professional Code .of the State of California
established rules and regulations for licensing of contractors; and
WHEREAS, there is a critical need to reduce unnecessary costs and
expenditures created by duplication in government processes; and
WHEREAS, the most appropriate way to eliminate duplication and
expenditures caused by overlapping jurisdictional regulations is to enforce the worker's
compensation insurance requirements by one state agency; and
i;.
WHEREAS, the simplest and most practical and obvious means to maintain
files of worker's compensation certificates is to correlate the certificate requirements
with the contractor's license requirements; now, therefore, be it
F:
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
Support legislation that will require as a condition precedent to the issuance
PP 9 q P �
reinstatement, reactiviation or renewal of a contractor's,license a certificate of worker's
compensation issued by an admitted insurer shall be filed with the Board of Professional
and Vocational Standards; and upon termination, expiration or cancellation of such
certificate, then the contractor's license is suspended. A'
....................................................................................................................................
36. RESOLUTION RELATING TO CUMULATIVE TRAUMA
Source: Los Angeles County Division
Referred to: Committee on Employee Relations
Preliminary- Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, Section 3208.1 of the California Labor Code provides that an injury
may either, be "specific," occurring as a result of one incident or cumulative, occurring
as repetitive mentally or physically traumatic activities extending over a period of time;
and
25 i?
WHEREAS, this concept makes it difficult to differentiate between an actual
injury or the normal aging rocess• and
WHEREAS� individuals claiming hypertension, psychological or gastrointestinal
it' disabilities attribute such conditions to the stress of the job over a number of years, but -"
cannot relate any traumatic experiences which have caused any of the medical or
psychological conditions; and
t4
kj:y�; WHEREAS, research has shown that many of these disorders are caused by
;..r �
poor diet lack of exercise or activity and heredity; now, therefore be it
P Y Y; � ,
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation which would establish more specific guidelines b restricting
P 9 Y 9
cumulative trauma to repetitive specific illnesses and injuries which have been
:r).y documented and are a direct result of employment.
...................................................................................................................................
:1•:yyt.!I•
37. RESOLUTION RELATING TO COMPULSORY AND BINDING ARBITRATION
V' Source: East Bay Division
Referred to: Committee on Employee Relations
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
' ?•''' WHEREAS, the California Legislature is presently considering a measure which
i;t�ii'j�:•
would impose compulsory and binding interest artitration upon the labor relations of
cities; and
WHEREAS, such a system of compulsory and binding interest arbitration would
remove authority for labor relations from the elected representatives of a commuity to an
•,4 , arbitrator who is not familiar with, nor responsive to, the people of the community; and
WHEREAS, in the present time of shrinking revenues, it is essential that city
councils maintain the authority to set priorities regarding service, rather than have an
arbitrator dictate labor settlement packages which could work to the detriment of the
community as a whole; and.
`t•'I?`' WHEREAS there has been no demonstrated need to remove the authority for
labor relations from the elected representatives of a community; and
;•.ti;,;'' WHEREAS, the procedures in compulsory and binding interest arbitration can
only increase the costs of the labor relations in cities at a time when expenses roust be
reduced so that essential services can be provided; now, therefore, be it
RESOLVED by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
aid ' continue to vigorously oppose any system of compulsory and binding interest arbitration
and continue to make defeat of an such proposal a to priority.
Y P P P P Y•
2 6
:,is
38. RESOLUTION RELATING TO STRIKES BY PUBLIC TRANSIT SYSTEM EMPLOYEES
Source: Los Angeles County Division
Referred to: Committee on Employee Relations
Preliminary Recommendation to Resolutions Committee: Amend and approve --
Final Recommendation to Resolutions Committee:
WHEREAS, public transit strikes result in significant economic, social and
environmental impacts on the community; and
WHEREAS, the California courts have ruled in numerous cases that absent
express statutory authorization public employees can not engage in strikes; and
WHEREAS, the State Legislature has not provided express authorization for
public employee strikes; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation relating to public transit systems, which clarifies the long-held position
of California courts that public employees cannot engage in strikes.
...................................................................................................................................
39. RESOLUTION RELATING TO A JOINT PERS LIAISON COMMITTEE
Source: Albert M. Teglia, Council Member, City of Daly City
Referred to: Committee on Employee Relations
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, there are 368 California cities which are members of the Public
Employees Retirement System; and
WHEREAS, there are 156,924 municipal employees who comprise 33.8% of the
membership of the Public Employees Retirement System; and
WHEREAS, the Public Employees Retirement System has assets exceeding $17
billion dollars; and
WHEREAS, there has been, to date, no effective channel of informal
communication between the Public Employees Retirement System and its member
agencies; and
WHEREAS, the Public Employees Retirement System has extended an
invitation to California cities to form a Joint PERS Liaison Committee to foster better
communication between PERS and its member agencies; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
accept the invitation of the Public Employees Retirement System to form a Joint PERS
Liaison Committee and that the League be represented by members of the Employee
Relations Subcommittee on Retirement, appointed by the Chair of the League Committee
on Employee Relations; and be it further
27
RESOLVED, that the League staff, under its responsibilities for the League
Committee on Employee Relations, coordinate and provide necessary staff support along
with PERS staff for the efforts of the Joint PERS 1_ioison Committee; and be it further
RESOLVED, that invitations be extended to the California School Boards
Association, the County Supervisors Association of California, the California Special
Districts Association, the California Community College Trustees, and other interested
parties to join in the discussions which take place in the Joint PERS Liaison Committee;
and be it further
RESOLVED, that the purpose of the Joint PERS Liaison Committee be to
foster better communication between the Public Employees Retirement System and its
member agencies; to share information and stimulate discussion on issues and concerns of
common interest; to foster mutual understanding of the needs, expectations of, and
constraints on the Public Employees Retirement System and its member agencies; and to
serve in an advisory capacity to their parent organizations.
...................................................................................................................................
Resolutions Referred to the Committee on environmental Quality
40. RESOLUTION RELATING TO HAZARDOUS WASTE MANAGEMENT
Source: Committee on Environmental Quality
Referred to: Committee on Environmental Quality
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, the current process of siting and operating of any hazardous waste
management facility is complicated by the numerous regulatory State agencies involved
including: California Department of Health Services; Air Resources Board; Water
Resources Control Board; California Department of Food and Agriculture (pesticides); and
WHEREAS, the cities of California making the decision on proposed hazardous
waste facilities often receive conflicting statements and standards from these State
agencies; and
WHEREAS, the siting and operation of 211 hazardous waste facilities must be
done so as to adequately protect the health of the public; the safety of the environment,
be it land, air or water; and coordinated to economically achieve these goals; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
reaffirm its support for designation of one State agency with requisite expertise and
statutory authority over hazardous waste management in the State of California.
...................................................................................................................................
20
41. RESOLUTION RELATING TO A HAZARDOUS MATERIALS EMERGENCY CLEANUP
FUND
Source: Los Angeles County Division
R—e e red to: Committee on Environmental Quality
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, local public safety agencies responding to hazardous materials
cleanup scenes have no specific authority to authorize funding for cleanup on an
immediate basis; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
continue to support legislation that would provide specific hazardous materials cleanup
funds with initial funds provided by the State and available to local governmental agencies
to finance the immediate abatement of hazardous materials spills and emergencies.
..................................................................................................................................
42. RESOLUTION RELATING TO OCEAN DISPOSAL OF NUCLEAR WASTES
Source: Monterey Bay Division
Re erred to: Committee on Environmental Quality
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, the United States Navy has a proposal to dispose of up to 100
defueled, decommissioned nuclear submarines during the next three decades; and
WHEREAS, one of the options is for ocean disposal; and
WHEREAS, the oceans are a food source for much of the world's population,
and contamination of the food chain could have far reaching implications; and
WHEREAS, the League of California Cities is,on record regarding the efficient
and safe disposal of hazardous and toxic wastes including nuclear wastes; now, therefore
be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San. Francisco, October 5, 1983, that the League
support and urge the National League of Cities to support the 1972 ban on all ocean
dumping of nuclear wastes until it can be demonstrated that the safety and efficiency of
ocean disposal offers less harm to human health and the environment that other practical
alternative methods of disposal.
...................................................................................................................................
43. RESOLUTION RELATING TO SOLID WASTE DISPOSAL AND LAND USE POLICY
DECISIONS
Source: East Bay Division
29
Referred to: Committee on Environmental Quality
red liminary Recommendation to Resolutions Committee: No action; existing Leaque
policy
Final Recommendation to Resolutions Committee:
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
oppose any legislation concerning solid waste disposal sites which would curtail a local
agency's ability to make land use policy decisions.
...................................................................................................................................
44. RESOLUTION RELATING TO PROPOSED EPA SANCTIONS ON SOUTH COAST AIR
BASIN
Source: Orange County Division
Referred to: Committee on Environmental Quality
Preliminary Recommendation to Resolutions Committee: No action; Not statewide
issue
Final Recommendation to Resolutions Committee:
WHEREAS, a large number of cities are located within the South Coast Air
Basin; and
WHEREAS, the South Coast Air Basin stands to lose federal funds for transpor-
tation improvements, sewage treatment facilities, air quality planning and highway repair
and construction if monetary sanctions are imposed by the Administrator of the
Environmental Protection Agency; and
WHEREAS, the South Coast Air Basin, already hard hit by unemployment,
stands to lose more jobs if a construction ban on new or modified major stationary sources
is imposed by the Administrator of the Environmental Protection Agency; and
WHEREAS, the imposition of such sanctions would be counterproductive and
could lead to worsened air quality and water qua!ity; and
WHEREAS, the imposition of such sanctions is not warranted because the
South Coast Air Quality Management District and the Southern California Association of
Governments have approved and . submitted to the EPA the most comprehensive,
technically sophisticated and stringent air quality management plan in the nation, a plan
which met all Clean Air Act and Environmental Protection Agency policy requirements
and which has been praised as one of the best in the country; and .
WHEREAS, in implementing this plan, the SCAQMD and SCAG a •e taping
every reasonable measure to reduce emissions and thereby attain air quality standards at
the earliest possible date; and
WHEREAS, each year the SCAQMD and SCAG have demonstrated progress in
emission reductions and improved air quality and expect to continue to demonstrate
additional progress; and
WHEREAS, the EPA may propose additional measures not included in the
SCAQMD/SCAG plan or even an alternative plan to meet federal clean air standards and
has not done so; and
30
WHEREAS, in view of the progress made thus far in the South Coast Air Basin
and in view of the commitment to clean air demonstrated in the plan submitted to the
EPA by the SCAQMD and SCAG, the imposition of sanctions upon the South Coast Air
Basin is unjustified; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
oppose the imposition of sanctions by the Administrator of the Environmental Protection
Agency upon the South Coast Air Basin; and be it further
RESOLVED, that the League urge the Administrator to approve the air quality
management plan submitted in 1982 by the SCAQMD and SCAG so that progress toward
cleaning up the air in the South Coast Air Basin can continue forthwith.
....................................................................................................................................
45. RESOLUTION RELATING TO ENVIRONMENTAL REVIEW OF HIGH SPEED RAIL
Source: Orange County Division
Referred to: Committee on Environmental Quality
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolution Committee:
WHEREAS, the State Legislature has authroized the use of State highway
rights-of-way and railroad rights-of-way for high speed intercity passenger rail purposes
(AB3647, Chapter 1553, Statutes of 1982); and
WHEREAS, without the benefit of an environmental review there will be no
effective means of requiring mitigation of the adverse effects upon the health, safety and
welfare of persons affected by high speed rail; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation to require that an appropriate environmental review be conducted prior
to construction of any high speed rail project in California.
...................................................................................................................................
46. RESOLUTION RELATING TO SALT WATER USE FOR SANITATION AND FIRE
PROTECTION
Source: City of Avalon
Referred to: Committee on Environmental Quality
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, residents of the State of California have expressed their desire to
explore cost-effective ways of delivering water services to all Californians; and
WHEREAS, the conservation of our precious fresh water resources is in the
best interest of the State of California; and
31
. �i
WHEREAS, the City of Avalon, Santa Catalina Island, California, has
successfully operated a salt water system for sanitation and fire protection for over 60
years; and
WHEREAS, the City estimates a savings of over 40% of its fresh water =_
resources by using the salt water system, which was partially funded from State water
bond funds; and
WHEREAS, other coastal cities in California could better conserve fresh water
reserves if there were available grants and loans from State water bond funds for the
construction of salt water systems; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation which would make clean water grant and loan funds available to
California cities for salt water construction programs.
...................................................................................................................................
47. RESOLUTION RELATING TO FEDERAL AND STATE CONTROL OF UTILITY RATES
Source: City of Bellflower
Referred to: Committee on Environmental Quality
re iminary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, utility service (gas,, electricity, water and telephone) is essential to
the health and welfare of every American citizen; and
WHEREAS, utility company rates continue to be increased unjustifiably when
viewed along with the cost of living; and
WHEREAS, senior citizens and others on fixed incomes are least able to afford
increases in the cost of essential utility services;-and
WHEREAS, the purchasing power of every American citizen is eroded by the
ever-increasing cost of essential utility services; and
WHEREAS, all businessmen suffer the loss of sales when people can no longer
afford to buy goods and services; and
WHEREAS, sales tax revenue to every level of government is decreased when
the economy fails for the lack of spendable income; and
WHEREAS, needed public services suffer when this critical revenue base
declines; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support federal and state legislation and urge the National League of Cities to support
federal legislation to assure that utility rates, including gas, electricity, water and
telephone services, are raised not more than once each calendar year in an amount not to
exceed the annual percentage rise of the consumer price index; and be it further
32
RESOLVED, that the League transmit certified copies of this resolution to
each member of the California State Legislature, the Governor, United States Senators
Alan Cranston and Pete Wilson, each member of the California Congressional Delegation
and the President.
................................................................................................................................... .
Resolutions Referred to the Committee on Public Safety
48. RESOLUTION RELATING TO REIMBURSEMENT OF COSTS TO CITIES FOR
CONTROLLED SUBSTANCE ANALYSIS
Source: Los Angeles County Division
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, Section 11372.5 Health and Safety Code allows the court to impose
an increment of Fifty Dollars ($50.00) to be added to fines imposed for conviction for
violation of specified Health and Safety Sections; and
WHEREAS, the Section directs the increment to be used to defray the cost to
criminalistics laboratories of the Department of Justice or those criminalistics
laboratories operated by or under contract with a county; and
WHEREAS, criminalistics laboratories operated by cities are not specifically
mentioned and thus not entitled to reimbursement; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support an amendment to Section 11372.5 of the Health and Safety Code to entitle cities
which operate criminalistics laboratories to share in funds for reimbursement for
controlled substance analysis.
...................................................................................................................................
49. RESOLUTION RELATING TO THE CARRYING OF FIREARMS
Source: Los Angeles County Division
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, Section 12031 of the California Penal Code makes it a
misdemeanor for anyone, except for designated exceptions, to carry a loaded firearm on
his person or in a vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a prohibited area of
unincorporated territory; and
33
I�
WHEREAS, subsection "g" of this section defines loaded to be when there is an
unexpended cartridge or shell, consisting of a case which holds a charge of powder and a
bullet or shot, in , or attached in any manner to, the firearm, including, but not limited to,
in the firing chamber, magazine or clip attached to the firearm; and
WHEREAS, present law does not prohibit the carrying of an unloaded firearm
in a public place even if the person carrying the unloaded firearm, or another person,
carries the ammunition for the unloaded firearm; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation which would prohibit the carrying or display of a firearm or replica
thereof, whether or not it is operative or loaded while attending or engaging in a public
demonstration, as defined, and subject to the present exemptions, other than an unloaded
or replica firearm used as a prop or as an integral part of a costume of a participant in a
parade, threatrical play, or similar entertainment production.
...................................................................................................................................
50. RESOLUTION RELATING TO MEDICAL HELICOPTERS IN PREHOSPITAL EMERGENCY
MEDICAL SERVICES
Source: Los Angeles County Division
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Disapprove
Final Recommendation to Resolutions Committee:
WHEREAS, under existing law, the Emergency Medical Services Authority of
the State of California is required to develop planning and implementation guidelines for
various matters relating to Emergency Medical Services (EMS), including Disaster Medical
Systems Guidelines; and
WHEREAS, each county may develop an EMS program provided that the county
designate a local EMS agency to administer the county's EMS program; and
WHEREAS, a county's local EMS agency is responsible for the development and
implementation of standards, regulations and procedures related to the delivery of
prehospital EMS; and
WHEREAS, minimum state standards and regulations currently exist regarding
prehospital care personnel, equipment and. emergency vehicles; and
WHEREAS, medical helicopters have been used in California for several years
to provide facility-to-facility patient transfers; and
WHEREAS, the medical helicopter is part of the prehospital EMS delivery
system; and
WHEREAS, there currently are no established standards or regulations related
to personnel, equipment and coordination of medical helicopters for integration into a
prehospital EMS delivery system; now, therefore, be it
34
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation that would direct the State EMS Authority, with the approval of the
State Commission on EMS, to establish minimum standards and regulations regarding
medical helicopter personnel and equipment; and be it further
RESOLVED, that local EMS agencies be authorized to develop additional local
criteria and regulations governing medical helicopters and their coordination with a local
prehospital care EMS delivery system.
...................................................................................................................................
51. RESOLUTION RELATING TO THE FEE FOR FILING A PROTEST AGAINST THE
ISSUANCE OF A LIQUOR LICENSE
Source: City of Long Beach
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Disapprove
Final Recommendation to Resolutions Committee:
WHEREAS, pursuant to the Alcoholic Beverage Control Act of the State of
California a protest may be brought against the issuance of a license by the California
Department of Alcoholic Beverage Control; and
WHEREAS, the State Legislature at its 1983 Regular Session did enact SB223
which was signed into law by Governor Deukmejian and which did add Section 24017 to the
California Business and Professions Code requiring the person bringing a protest against
the issuance of a license by the Department of Alcoholic Beverage Control to deposit
Seven Hundred Fifty Dollars ($750) prior to a hearing on said protest and if said person
bringing the protest is not upheld to pay all costs of the Department of Alcoholic
Beverage Control for the filing fee, hearing officer, and reporter or recorder, as
determined by the Office of Administrative Hearings; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
sponsor legislation that would eliminate the protest filing fee by repealing Section 24017
of the California Business and Professions Code.
.................................................................................................:................................
52. RESOLUTION RELATING TO THE FEE FOR FILING A PROTEST AGAINST THE
ISSUANCE.OF A LIQUOR LICENSE (CITY OR COUNTY EXEMPTION)
Source: City of Long Beach
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, pursuant to the Alcoholic Beverage Control Act of the State of
California the governing body of a city or county may file a protest against the issuance
of a license by the California Department of Alcoholic Beverage Control; and
35
,i
r'
WHEREAS, the governing body of any city or county filing a protest is entitled
to a hearing by the State Office of Administrative Hearings; and
WHEREAS, the State Legislature at its 1983 Regular Session did enact AB223
which was signed into law by Governor Deukmejian and which did add Section 2401.7 to the
California Business and Professions Code requiring the person bringing a protest against
the issuance of a license by the Department of Alcoholic Beverage Control to deposit
Seven Hundred Fifty Dollars ($750) prior to a hearing on said protest and if said person
bringing the protest is not upheld to pay all costs of the Department of Alcoholic
Beverage Control for the filing fee, hearing officer and reporter or recorder, as
determined by the Office of Administrative Hearings; and
WHEREAS, the Department of Alcoholic Beverage Control is interpreting
"person" as included in said Section 24017 to include the governing body of a city or
county; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1953, that the League
sponsor legislation exempting cities and counties from the required $750 fee for filing a
protest against the issuance of a license by the Department of Alcoholic Beverage Control
by removing the governing body of a city or county from the provisions of Section 24017
of the California Business and Professions Code.
...................................................................................................................................
53. RESOLUTION RELATING TO PARKING CITATIONS
Source: City of San Clemente
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, under Penal Code Section 1.463 (3), California cities may retain the
forfeited bail collected for parking violations for.which cities have issued a written notice
of parking violation pursuant to Section 41103 of the Vehicle Code; and
WHEREAS, if the California Department of Motor Vehicles is notified of,any
unpaid bail for parking violations, the Department will refuse to renew the registration on
the automobile until the bail is paid; and
WHEREAS, in many judicial districts throughout the state, municipal courts .
211ow cities which process the posting of bail for their parking violations to notify the
Department of Motor Vehicles directly when a "hold" should be placed on a. vehicle
registration until the bail is paid, and the Department then remits the city's portion of the
bail directly to the city; and
WHEREAS, in some judicial districts in the state, municipal courts are refusing
to allow cities to place "holds" on vehicle registrations with the Department, insisting
instead that this be done by the court; and
WHEREAS, in such instances where the court insists upon placing the "hold" on
vehicle registrations with the Department, the Department remits the local share of the
bail to the court, which then deducts a substantial percentage pursuant to Penal Code
Section 1463 (1) (c) prior to remitting the balance to the city; and
36
WHEREAS, it is in the public interest to provide an efficient administrative
mechanism which applies uniformly throughout the State of California for the placing of
"holds" on vehicle registrations with the Department and the disposition of unpaid fines
collected by the Department; and
WHEREAS, legislation is needed to clarify the obligations of cities, municipal
courts, and the Department of Motor Vehicles with regard to this matter; now, therefore
be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation (1) authorizing a city or other issuing agency which processes the
posting of bail for parking violations to notify the Department of Motor Vehicles directly
when a "hold" is to be placed upon a vehicle registration because of unpaid bail; and (2)
authorizing the Department to remit the local share of any bail which the Department
collects directly to the issuing agency.
...................................................................................................................................
54. RESOLUTION RELATING TO CRISIS RELOCATION PLANNING
Source: Redwood Empire Division
-1'—eTe—rred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, Federal Emergency Management Agency (FEMA) officials and
state and national leaders must acknowledge that Crisis Relocation Planning is not a
practical proposal to protect the population from natural or man-made emergencies
because: 1) according to FEMA publications, "a week or more is needed to execute
evacuation plans" and in the event of nuclear emergency, to develop fallout protection for
evacuees; 2) in California, more than 4/5 of the population lives in possible nuclear, risk
areas resulting in "extremely difficult problems with respect to movement, temporary
lodging, food distribution and crisis actions to develop fallout protection"; 3) many of
California's urban centers lie on major earthquake faults, resulting in the same problems
listed above; and 4} small rural communities designated as "hosts" have stated that they do
not have the resources of food, water and sanitary facilities to accommodate thousands of
urban evacuees; and
WHEREAS, the concept of Crisis Relocation Planning as proposed by FEMA is
unrealistic as a primary answer to emergency survival based on the presumption of at
least a week's warning prior to the emergency; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
request the.National League of Cities to urge FEMA to take the following actions: 1)
develop alternate plans for natural and man-made emergencies which take into account
the limitations listed above, which they have acknowledged; 2) develop these alternate
plans in conjunction with local officials, allowing input from those local officials who
know the capabilities and limitations of their own municipalities; and 3) develop specific
guidelines which clarify the duties and responsibilities, including financial, which fall on
local municipalities in regards to planning for natural and man-made emergencies.
...................................................................................................................................
37
55. RESOLUTION RELATING TO THE COMMISSION ON ACCREDITATION FOR LAW
ENFORCEMENT AGENCIES
Source: Police Chiefs Department
Referred to: Committee on Public Safety
Preliminary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, efforts began in 1979 to establish a Commission on Accreditation
for Law Enforcement Agencies; and
WHEREAS, four organizations (The International Association of . Chiefs of
Police, the National Organization of Black Law Enforcement Executives, the National
Sheriff's Association, and the Police Executive Research Forum) were arbitrarily and
capriciously designated to staff the Commission, formulate its policies and influence its
program; and
WHEREAS, the program objectives advanced by the "commission" are highly
simplistic and wholly subjective, and in no way advance the state of the art of California
law enforcement; and
WHEREAS, a lack of nationwide police executive input has contributed to
highly suspect program methodology; and
WHEREAS, California's Police Chiefs refuse to confer a mantle of authority
and credibility to yet another group whose purpose is to sit in review of this state's police
departments and whose future is so open to potential political and philosophical
misdirection and abuse; novi, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League is
opposed to the programs put .forth by the "Commission on Accreditation for Lav,
Enforcement Agencies" and does not recognize this "commission" as a standard setter for
police departments in California.
....................................:..............................................................................................
Resolutions Referred to the Committee on Revenue and Taxation
56. RESOLUTION RELATING TO PROJECT INDEPENDENCE
Source: Rex Clark, Council Member, City of Watsonville
Referred to: Committee on Revenue and Taxation
38
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, state and local fiscal relationships have been characterized by a
high degree of uncertainty and by a steadily declining flow of revenue from state-
administered revenue sources to cities during the five-year period after enactment of
Proposition 13; and
WHEREAS, the League and its member cities have expended a great deal of
effort during this period to develop solutions for this unsound situation, including Action
Plan 1I to Improve Home Rule and Fiscal Responsibility; the Cities Tomorrow Committee,
consisting of leaders from the public and private sectors; Action Plan for the 80's; and
culminating with a major collaborative effort including representatives of the League, the
County Supervisors Association of California, the California School Boards Association,
the California Taxpayers Association and the California Roundtable; and
WHEREAS, these efforts have led to the development of a series of
recommendations known as "Project Independence"; and
WHEREAS, state governmental actions and inactions of the past year
emphasize more than ever the urgent need to establish a predictable, locally-controlled
revenue base; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
sponsor a legislative constitutional amendment containing the provisions of Project
Independence, as follows:
(1) Establish stable and predictable local revenue sources
(2) Increase local control and accountability
(3) Broaden home rule powers
(4) Increase guarantees of mandated cost reimbursement for all local agencies
(5) Increase opportunities for.Capital Improvement Financing; and be it further
RESOLVED, that the League work diligently with the Legislature, the _
Administration, The Governor's New Partnership Task 'Force, allied associations and the
media to develop support for these proposals.
....................................................................................................................................
57. RESOLUTION RELATING TO MAKING LONG-TERM LOCAL GOVERNMENT FINANCING
THE NUMBER ONE LEAGUE PRIORITY
Source: Linda LeQuire, Mayor, City of Fullerton
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: Policy Committee will
make recommendation at October 2 meeting
Final ecommendation to Resolutions Committee:
39
WHEREAS, legislative decisions during the past several years have created a
great deal of uncertainty from year to year concerning local government revenues; and
WHEREAS, this high degree of uncertainty has made it impossible for cities in
California to budget or plan for the delivery of vital services; and
WHEREAS, this condition has existed for several years, but the most dramatic
and detrimental example has been the inability of cities to finalize their budgets for the
current year due to continuing deliberations and indecision by the Legislature concerning
state-local fiscal relations; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
establish as its clear number one priority a long-term solution to the current dilemma of
local government financing; and be it further
RESOLVED, that the activities of League members and staff be focused
primarily on the objective of securing an adequate, stable, predictable and locally-
controlled revenue base for cities.
...................................................................................................................................
58. RESOLUTION RELATING TO AN EXCHANGE OF STATE SUBVENTIONS FOR AN
ADDITIONAL ONE CENT OF THE EXISTING SALES TAX
Source: City of San Diego
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, the Deukmejian Administration is formulating a plan to guarantee
cities and counties a larger share of state sales tax revenues in exchange for shifting
responsibility for some state programs to local government; and
WHEREAS, cities and counties already receive revenue from one cent.of the
six-cent sales tax; and
WHEREAS, under this proposed plan, local government's. share of the state
sales tax would go to two cents; and
WHEREAS, cities and counties would . be willing to return over one billion
dollars a year in state subventions in exchange for the additional one-cent sales tax; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation or a constitutional amendment which would provide that existing
subventions (VLF, cigarette tax, business inventory reimbursement) be completely
replaced by a permanent source of revenue, preferably a 'share of the existing state sales
tax, to be appropriated for and used exclusively by local agencies.
...................................................................................................................................
40
59. RESOLUTION RELATING TO ADDITIONAL SALES TAX FOR USE BY LOCAL
GOVERNMENT
Source: City of Vista
Re erred to: Committee on Revenue and Taxation =
Preliminary Recommendation to Resolutions Committee: No action; subject matter
covered in Resolution 1158
Final Recommendation to Resolutions Committee:
WHEREAS, cities within the State of California provide essential services to
residents from funds generated by action of the state legislature; and
WHEREAS, cities have a responsibility to adopt an annual balanced budget in a
timely manner; and
WHEREAS, the state budgetary process has created crisis and chaos upon city
governments during the last three years; and
WHEREAS, state funding of local governments diminishes local control of local
programs and state funding of local governments has continued to erode; and
WHEREAS, it is desirous that city governments exercise their independence
from state control; and
WHEREAS, citizens have a right to expect a responsible level of service at the
local level; and
WHEREAS, the negotiations between the state legislature and California cities
has not produced local ability to adopt a balanced budget in a timely fashion; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
sponsor a statewide citizens initiative which would create a permanent independent
funding source for cities by way of a constitutional amendment which would establish an
irreversible allocation of two cents of a statewide sales tax to be permanently distributed
to local government, one cent of the basis of point of origin and one cent on the basis of '
population.
...................................................................................................................................
60. RESOLUTION RELATING TO REALLOCATION OF EXISTING SALES TAX
Source: City of Chula Vista
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: No action; subject matter
covered in Resolution 158
Final Recommendation to Resolutions Committee:
WHEREAS, the State of California has appropriated to itself taxes which have
traditionally gone to support cities, such as the motor vehicle in-lieu tax and cigarette
tax; and
41
�i
•�1
WHEREAS, the state has provided no substitute source of income to make up
for the lost subventions; and
WHEREAS, due to the uncertainty as to how the state will allocate tax
revenues, cities are unable to plan their finances with any assurance; and
WHEREAS, an additional one-cent sales tax from the existing six-cent levy, to
be appropriated to the cities based upon their population, would enable cities to engage in
sound financial planning in the future; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support reallocation of an additional one-cent sales tax from the existing six-cent levy to
be distributed to cities based upon their population to replace lost state subventions; and
be it further
RESOLVED, that the League request the Governor and Legislature to take
those legislative and constitutional steps necessary to guarantee the present one-cent
sales tax and the additional one-cent sales tax as a permanent source of income to cities.
...................................................................................................................................
61. RESOLUTION RELATING TO ADDITIONAL LOCAL REVENUE SOURCES
Source: East Bay Division
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, since the passage of Proposition 13, in June of 1978, cities and
counties have had to rely on the State for fiscal assistance; and
WHEREAS, it is clear that such bailout funds are drying up; and
WHEREAS, in order for cities to maintain current service levels, alternate
forms of revenue must be explored; and
WHEREAS, it is imperative that cities regain control over local finances; and
WHEREAS, the League recognizes that local revenue-raising options are in the
best interest of cities in California; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation which will enable California cities to generate additional revenue
through a variety of mechanisms at the discretion and political will of legislators and
constituents in individual cities.
...................................................................................................................................
42
62. RESOLUTION RELATING TO A CONSTITUTIONAL AMENDMENT TO PROVIDE FOR A
CALIFORNIA LOTTERY WITH THE REVENUE TO BE APPORTIONED TO CITIES
Source: City of Beaumont
Referred to: Committee on Revenue and Taxation —
reli� minary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, the cities of California need a viable revenue source that is not
subject to the whims of others; and
WHEREAS, legalized lotteries exist in many states of the nation; and
WHEREAS, estimates of revenue to be generated could provide a per capita
revenue to cities of from $15 to $25 per capita; and
WHEREAS, the California Poll taken in March 1983 shows that 77% of the
public support the idea of a lottery as a way to gain additional tax revenue; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
initiate action to place the question of a legalized lottery to generate tax revenue on the
statewide ballot by the initiative or referendum process; and be it further
RESOLVED, that the revenue generated be allocated to the cities of California
on a per capita basis for general fund purposes to serve the people of California; and be if
further
RESOLVED, that the League pursue this matter diligently with no single
approach followed which would place the question of submission to the people in the hands
of others.
...................................................................................................................................
63. RESOLUTION RELATING TO A CONSTITUTIONAL AMENDMENT TO PROVIDE FOR A
CALIFORNIA LOTTERY WITH THE REVENUE TO BE APPORTIONED TO CITIES
Source: City of Victorville
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, the cities of California need a viable revenue source that is not
subject to the whims of others; and
WHEREAS, legalized lotteries exist in many states of the nation; and
WHEREAS, the California Poll taken in March 1983 shows that 77% of the
public support the idea of a lottery as a way to gain additional tax revenue; now,
therefore, be it
43
I
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
initiate action to place the question of a legalized lottery to generate tax revenue on the
statewide ballot by the initiative or referendum process; and be it further
RESOLVED, that the revenue generated be allocated to the cities of California
on a per capita basis for general fund purposes to serve the people of California; and be if
further
RESOLVED, that the League pursue this matter diligently with no single
approach followed which would place the question of submission to the people in the hands
of others.
...................................................................................................................................
64. RESOLUTION RELATING TO LOCAL INCOME TAX
Source: Tim Johnson, Council Member, City of Redlands
Referred to: Committee on Revenue and Taxation
re iF� mI' inary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, local income taxes, imposed by cities or counties, would add an
additional tax burden without any guarantee that the money would be used for voter-
approved programs; and
WHEREAS, the experience of the past two years of the budgetary process in
the Legislature gives no reason to believe that this new source of revenue might not also
be diverted away from local programs; and
WHEREAS, the dampening effect this new layer of taxation might have on the
slowly recovering state economy could actually decrease sales and other use tax
revenueand, therefore, cost local government more than it would raise; now, therefore, be
it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
oppose any legislation to allow the imposition of a local income tax by cities or counties in
California.
...................................................................................................................................
65. RESOLUTION RELATING TO A CAMPER TAX
Source: Channel Counties Division
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: Refer to appropriate
policy committee for study
Final Recommendation to Resolutions Committee:
44
WHEREAS, with the approval of Proposition 13 by the voters of the State, the
mandate of the people that the user of services should pay a greater share of said services
is clear; and
WHEREAS, the evidence is clear that users of state parks and beaches cause a
substantial impact on the services of the cities in which the parks and beaches are
situated, particularly in police, public works, recreation and other community services;
and
WHEREAS, it is also clear that the users of these parks and beaches contribute
very little to the local economy through sales tax or other revenues; and
WHEREAS, if cities and counties are to continue to provide services for users
of these parks and beaches, ways and means of providing revenues to offset costs must be
found and established; and
WHEREAS, the fact that city services must be provided to deal with the
potential need (especially in police services) whether or not they are actually used; and
WHEREAS, the City of Carpinteria in 1978 adopted a Uniform Camper's Tax
similar in nature to the Transient Occupancy Tax which would assess a 500 per night per
occupied campsite on both publicly- and privately-operated campgrounds; and
WHEREAS, the City estimates that such a camper tax would yield
approximately $23,800.00 per year (as a conservative estimate) which would significantly
assist the City in defraying costs of services; and
WHEREAS, the City has been denied by the State the right to enforce the
Uniform Camper Tax since its enactment in 1978; and
WHEREAS, the City is willing to explore an alternative Camper Tax whereby
both the City and State may share in revenues collected thereby assisting both the City
and State in offsetting increased costs; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
asembled in Annual Conference in San Francisco, October 5, 1983, that the League
sponsor legislation to enable local governments to collect a uniform camper tax and an
entrance surcharge on users of state park and beach facilities within their jurisdictions.
...................................................................................................................................
66. RESOLUTION RELATING TO STATE MANDATES
Source: Orange County Division
Referred to: Committee on Revenue and Taxation
reliminary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, the California Legislature has consistently mandated new programs
and requirements on local governments without providing sufficient funds to carry out
such mandates; and
45
WHEREAS, the SB90 reimbursement process has been undermined by the
Legislature's refusal to fully fund mandates that have been reviewed and recommended for
funding by the Board of Control; and
WHEREAS, local governments can no longer afford to carry out the required
mandates without sufficient funding; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support any amendment to the California Constitution that:
1. Requires that whenever. the Legislature or any state agency mandates any
increased cost on local government, the state shall pay the increased cost
except when (a) the mandate is requested by the affected local agency, (b) a
new crime is defined or an existing crime definition changed, or (c) the
mandate was established prior to January 1, 1975; and
2. Requires the Board of Control to determine whether appropriations for new
state-mandated local programs are sufficient, and declare insufficiently
funded new state mandates voluntary or suspended; and
3. Requires the Board of Control to investigate all state-mandated local
programs enacted after July 1, 1975, to determine the adequacy of funding;
identify underfunded mandates to the Legislature; and if the mandates are not
sufficiently funded at the beginning of the next fiscal year, cause the duty of
the local government to fulfill the mandate to become voluntary.
...................................................................................................................................
67. RESOLUTION RELATING TO TAY REL"IEF FOR SEISMIC SAFETY IMPROVEMENTS
Source: Los Angeles County Division
Referred to: Committee on Revenue and Taxation
Preliminary Recommendation to Resolutions Committee: Disapprove
Final Recommendation to Resolutions Committee:
WHEREAS, the recent Coalinga earthquake clearly and dramatically z
emphasized the hazards of unreinforced masonry building; and
WHEREAS, there are thousands of these buildings throughout the State; and
WHEREAS, the cost of the needed repairs often becomes a sudden and
unsolvable burden on building owners; and
WHEREAS, it is in the public interest to find means to provide motivation and
incentive to effect the needed repairs; and
WHEREAS, many cities in the State have already enacted or are about to
enact seismic hazard abatement programs; and
WHEREAS, legislation and a constitutional amendment have been proposed for
enactment; now, therefore, be it
46
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation providing property assessment relief for repairs to improve seismic
safety pursuant to local ordinance so that the repair(s) will not be assessed as new
construction.
................................................................................................................................... —
68. RESOLUTION RELATING TO ANIMAL SPAY AND NEUTER PROGRAMS
Source: City of Grover City
Referred to: Committee on Revenue and Taxation
Preliminary mi ary Recommendation to Resolutions Committee: Policy Committee will
make recommendation at October 2 meeting
Final Recommendation to Resolutions Committee:
WHEREAS, California law authorizes cities and counties to set fees for animal
licensing and prescribes fines for violation of animal control laws, but does not authorize
any surcharge on such fees and fines for purposes of funding spay and neuter programs;
and
WHEREAS, state law prescribes the distribution of fees and fines collected,
and that distribution neither authorizes nor requires distribution of a portion of those
monies for spay and neuter programs; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation which authorizes cities and counties to charge, as part of animal
license fees, or fines for violation of animal control laws, sums of money to be used
exclusively for purposes of funding local spay and neuter.programs.
...................................................................................................................................
Resolutions Referred to the Committee on Transportation and Public Works
69. RESOLUTION RELATING TO THE TRANSPORTATION MAINTENANCE FUNDING
PRIORITIES
Source: Committee on Transportation and Public Works
Referred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Commit-tee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, the state and local government transportation system is not
adequately funded to meet future needs of the system; and
WHEREAS, the revenue shortfall is particularly acute for California local
governments, which will receive only small amounts of revenues to be derived from the
recently enacted federal gasoline,tax; and
WHEREAS, the current California transportation system is deteriorating at an
alarming rate due to a financial crisis which necessitates the deferral of needed
maintenance; and
47
WHEREAS, it is unlikely that the state will provide a solution to this problem
in the near future; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League �.
support actions by CalTrans, the California Transportation Commission, the
Administration, the California Legislature and the federal government which place
maintenance of the existing state and local transportation systems above other priorities
for transportation funding.
...................................................................................................................................
(RESOLUTIONS #70 and.71 WERE CONSOLIDATED AS RESOLUTION #70.)
70. RESOLUTION RELATING TO EXCESSIVE SPEEDS BY MOTOR VEHICLES
Source: Committee on Transportation and Public Works
Referred to: Committee on Transportation and Public Works
re(S liminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, the safety of all users of city streets and roads is a primary
concern and direct responsibility of city governments; and
WHEREAS, safety is an even greater concern for the children of a community
who use city streets, roads and rights-of-way to travel to and from school; and
WHEREAS, state law restricts the use of radar and other electronic devices on
collector streets developed for residential purposes to control excessive motor vehicle
speeds; and
WHEREAS, state law, restricts a city by requiring speed limits on collector
streets developed for residential purposes to be set at the speed at which 85 percent of
the motor vehicle. traffic travels; and
WHEREAS, radar and other electronic devices are preferred from a safety
standpoint to control excessive speed on city collector streets developed for residential
purposes; and
WHEREAS, the safety of pedestrians, motorists and, most importantly,
children, will be enhanced through the effective use of electronic radar control; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation allowing cities to establish safe and prudent speed limits on two-lane
collector streets developed for residential purposes below the speed at which 85 percent
of the motor vehicle traffic travels and to enforce those speed limits with radar and other
electronic devices, and be if further
RESOLVED, that the League strongly urge the members of the California
Uniform Traffic Control Devices Committee to revise Chapter 8 of the CalTrans Traffic
Manual establishing standards for setting speed limits on local residential collector streets
48
when the local agency has determined application of the eighty-five percentile speed
standard is unreasonable and unsafe.
................................................................................................................................... _
72. RESOLUTION RELATING TO LOCAL GOVERNMENT REPRESENTATION ON THE
CALIFORNIA TRAFFIC CONTROL DEVICES COMMITTEE
Source: City of Claremont
Referred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, Section 21400 of the California Vehicle Code requires CalTrans to
consult with local agencies in the development of rules and regulations for traffic control
devices: and
WHEREAS, CalTrans meets these requirements through the California Traffic
Control Devices Committee; and
WHEREAS, this committee consists of two city representatives, two county
representatives, two auto club representatives, one Highway Patrol representative, and
one CalTrans representative; and
WHEREAS, this configuration limits the influence of local agencies in the
making of policy which has a direct impact at the local level; and
WHEREAS, increasing the number of city and county representatives to three
each would result in more equitable local representation; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
strongly urge CalTrans to amend the structure of the California Traffic Control Devices
Committee to include three city representatives, three county representatives, two auto
club representatives, one Highway Patrol representative, and one CalTrans representative.
..................................................................................................................................
73. RESOLUTION RELATING TO TRANSIT FARE BOX REQUIREMENTS
Source: Committee on Transportation and Public Works
Referred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: Amend and approve
Final Recommendation to Resolutions Committee:
WHEREAS, local transit operations are required by various state laws to
recover specified percentages of operating funds through the fare box; and
WHEREAS, these laws, enacted at various times and relating to differing
funding sources, create significantly different fare box requirements from one transit
operation to the next, thus establishing a pattern of inequity among different operators in
California and even among different operators in the same region; and
49
WHEREAS, the setting of fares must be based on a range of needs best
determined at the local level; and
WHEREAS, the requirement of a fixed fare box return ratio often works in
opposition to policies that encourage development of innovative transit financing =
mechanisms, including greater private participation in financing transportation
improvements such as capital investments and transportation systems management; and
WHEREAS, the requirement of a fixed fare box' return ratio can have the
effect of discouraging greater local government participation in the financing of public
transportation; and
WHEREAS, the requirement of a fixed fare box return ratio can lead to a
pattern of ever-increasing fares, reduced service, and declining transit ridership; and
WHEREAS, the requirement of a fixed fare box return ratio can conflict with
other state objectives that encourage public transit ridership in order to reduce
overcrowding on other transportation facilities at the lowest possible cost, contribute to
improved air quality and energy conservation, and encourage efficient urban land use
development patterns; and
WHEREAS, there is no evidence that fixed fare box return ratios encourage
more efficiency in transit operations, nor reduce labor costs; and
WHEREAS, for these reasons the U. S. Urban Mass Transportation
Administration once considered and rejected the imposition of fixed fare box return ratios
as a requirement of federal policy; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation authorizing a study of the various fare box requirements for local
transit systems and use this study as a basis for legislative changes that eliminate
inequities and promote both public transit use and innovative transit financing.
....................................................................................................................................
74. RESOLUTION RELATING TO REQUIREMENTS FOR FORMAL BIDS
Source: City of Claremont
Referred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, Section 20162 of the Public Contracts Code provides that when the
expenditure required for a public project exceeds five thousand (5,000) dollars, it shall be
contracted and let to the lowest responsible bidder after notice; and
WHEREAS, the amount of this expenditure was last amended in 1975: and
WHEREAS, costs of labor and material typically used in public projects have
risen significantly over the past eight years since this amount was last amended; and
50
WHEREAS, an amount of ten thousand (10,000) dollars would now be a realistic
figure for solicitation of formal bids; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation amending Section 20162 of the Public Contracts Code to substitute ten
thousand (10,000) dollars in place of five thousand (5,000) dollars.
...................................................................................................................................
75. RESOLUTION RELATING TO PUBLIC BID AND PREVAILING WAGE REQUIREMENTS
Source: Channel Counties Division
Referred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: Refer to appropriate
policy committee for study.
Final Recommendation to Resolutions Committee:
WHEREAS, under existing law, a city must contract for and let to the lowest
responsible bidder any public project exceeding $25,000 in cost; and under existing law a
city can not use its own forces unless it adequately establishes that it can proceed with its
own forces at less cost; and
WHEREAS, if the city, after requesting public bid, determines that it can
proceed more economically with its own forces, the law allows the city to do so; and
WHEREAS, there is a substantial probability of litigation on the issue of cost if
a city attempts to proceed with its oven forces since the contractor can challenge the city
determination justifying such a decision; and
WHEREAS, it seems to be more appropriate to have a specific provision
allowing a city to proceed with its own forces without the necessity of competitive
bidding or in the alternative to require competitive bidding but allow the contract to
proceed on water line replacement projects paying wages that the contractor customarily
pays; and z
WHEREAS, cities should be allowed to use day labor/force account to replace
water lines without the necessity of public bidding and without the necessity of
determining cost comparisions in a way that could be challenged in court; or smaller cities
should be allowed to request public bids for a project but also allow the contractor to
proceed without being subject to payment of prevailing wage; and
WHEREAS, such extension of water lines is not of statewide concern, only a
matter of internal or local concern and, therefore, the state and prevailing wage statute
should not be enforced where the state interest is little affected, but the city's interest is
adversely affected to an unreasonable degree by the enforcement of the statute; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation exempting cities of less than 15,000 population from public bidding or
prevailing wage statutes when replacing water lines.
...................................................................................................................................
51
76. RESOLUTION RELATING TO LOCAL INPUT BEFORE CHANGING FREEWAY
INTERCHANGE COST-SHARING POLICY
Source: Los Angeles County Division
Referred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: Refer to approLate__
policy committee for study
Final Recommendation to Resolutions Committee:
WHEREAS, the purpose of our State highway system is to keep pace with the
regional and statewide highway needs including access to the system that supports
adjacent land use which is essential to California's growing population and economy; and
WHEREAS, CalTrans receives both state and federal gas tax revenues paid by
our citizens to insure the system is completed and maintained; and
WHEREAS, to the extent that these funds are available they should be used to
accomplish that purpose without further taxation of our citizens; and
WHEREAS, the local agencies and developers may wish to supplement the
state funds to advance the schedule of a given improvement to the system; and
WHEREAS, such voluntary contributions have been and should continue to be
the policy; and
WHEREAS, the California Transportation Commission (CTC) is considering
adopting guidelines on cost-sharing policy for local highway interchanges and separations
with the State highway system; and
WHEREAS, the CTC staff proposes a policy that would require local agencies
and/or developers to fully fund the cost of new or expanded vehicular grade separations
and interchanges of local streets with existing state highways without regard to the
financial position of the local agency or the availability of federal funds; and
WHEREAS, this shifting of financial responsibility to the community is a major
change in policy and will result in a form of double taxation on Californians by increasing
the cost of housing which is already a critical problem and the cost of the developers'
product which is inflationary; and
WHEREAS, such double taxation should be avoided particularly if federal funds
are available; and
WHEREAS, many local circulation problems were.created by freeways and the
State should cover the added cost of ,developing the local system caused by the freeway;
and
WHEREAS, the State should honor its past commitments and agreements to
expand the interim interchanges to full interchanges when traffic conditions warrant; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the Leauge urge
the California Transportation Commission to obtain statewide local agency input prior to
52
formulating guidelines on cost-sharing for highway interchanges and separations and urge
that the final guidelines honor past agreements and consider each interchange on its own
individual conditions recognizing the availability of funds.
...................................................................................................................................
77. RESOLUTION RELATING TO SHARED FUNDING FOR FREEWAY INTERCHANGES
Source: Robert G. Bezzant, Director of Public Works, City of San Mateo
Referred to: Committee on Transportation and Public.Works
Preliminary Recommendation to Resolutions Committee: Refer to appropriate
policy committee for study
Final Recommendation to Resolutions Committee:
WHEREAS, past practice has been for state, federal and local agencies to
share in the construction, reconstruction and improvement "of local street interchanges
with the California Freeway System; and
WHEREAS, the California - Transportation Commission is holding hearings
aimed at setting a policy of requiring interchanges of local streets and freeways to be the
responsibility of the local agency who is host of the interchange for financing and
construction to a level of 50 percent or more of cost; and
WHEREAS, the freeway system is an attraction for the traffic whose origin or
destination is the varied and growing land uses that are being placed around the state in
order to house the state's expanding population and industry; and
WHEREAS, it is important to the growth of the state to have an adequate
transportation system, including the local roads leading from the freeway system to the
origin and destination of the users of the freeway system; and
WHEREAS, financing has been enhanced for the federal freeway system and to
some degree the state system by recent Gas Tax additions; and _
WHEREAS, cities have not enjoyed that same increase in financing; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League urge
the Governor, the Director of CalTrans, and the California Transportation Commission to
continue the policy of shared federal, state and local funding of original construction, or
reconstruction and enhancement of interchanges with local .roadways in the state and
federal freeway system uninhibited by any artificial maximums of non-local fun's; and be
it further
RESOLVED, that the funding shares of federal, state and local governments
should be determined using a value-weighted matrix including: a) amount of traffic to be
handled by an interchange; b) accident reduction due to the improvement; c) congestion
reductions to state and local traffic resulting from the improvement; d) contributions
from local agencies or third parties in aid of construction; e) state of readiness; and f)
other such factors as would assist in establishing a priority list for interchange projects in
the State Transportation Improvement Program; and be it further
53
I'
RESOLVED, that financing of interchanges should proceed in a priority manner
as far as there is money available for this category of improvements in the State Trans-
portation Improvement Program.
.................................................................................................................................. —
78. RESOLUTION RELATING TO SCRTD BOARD
Source: Los Angeles County Division
F7elerred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, the Southern California Rapid Transit District (SCRTD) has an
eleven-member Board of Directors representing 7.4 million people in Los Angeles County
and 5 members are appointed by the Board of Supervisors and 2 by the City of Los Angeles
and 4 by the Los Angeles County Division of the League of California Cities; and
WHEREAS, all 83 cities are divided into 4 corridors with only one member
from each corridor representing more than 7 cities in each and the City of Los Angeles
has presently 2 members for one city; and
WHEREAS, adding one more representative from the City of Los Angeles will
create an imbalance; and
WHEREAS, increasing the size of the SCRTD Board by one new member from
eleven (11) to twelve (12) will result in an even numbered Board; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
oppose any legislation which would increase the SCRTD Board to 12 members by granting
one additional seat to the City of Los Angeles.
...................................................................................................................................
79. RESOLUTION RELATING TO EMPLOYER-PAID PARKING
Source: Ellen Fletcher, Council Member, .City of Palo Alto
Referred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: Approve
Final Recommendation to Resolutions Committee:
WHEREAS, employer-paid free parking encourages driving to work alone, and,
therefore, adds to traffic congestion, air pollution and energy consumption; and
WHEREAS, employers and employees would be better off if employers could
offer employees a cash payment instead of-free parking, leaving the employee to choose
whether to buy parking or other things; and
WHEREAS, federal and state tax systems discourage cash payments in lieu of
free parking; now, therefore, be it
54
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support and urge the National League of Cities to support legislation by both the federal
and state-governments that would allow untaxed cash payments to employees in lieu of
free parking.
...................................................................................................................................
80. RESOLUTION RELATING 1-0 FUNDING FOR STREET AND ROAD REPAIRS
Source: Robert Bartlett, Mayor Pro Tern, City of Monrovia
7—e-ferred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, cities are in dire need of funds to repair streets and roads; and
WHEREAS, some of these damages are caused by heavy vehicles, be they
buses, trucks and other heavy laden vehicles; and
WHEREAS, the temptation is to reach for any funding that comes along
without regard to who is offering it or whom we take it from; and
WHEREAS, Senator John Foran _2nd Assemblyman Bruce Young have
coauthored SCR11, calling for an alternative weight-fee study; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League take
no official stand on AB613 (Moore) until all alternatives are studied and weighed so that
cities get the most Tercial bill possible and one that can be administered and not
burdensome on any agency of government.
...................................................................................................................................
81. RESOLUTION RELATING TO THE COST OF DERAILMENT CLEANUP
Source: Robert Bartlett, Mayor Pro Tem, City of Monrovia
Referred.to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: Disapprove
Final Recommendation to Resolutions Committee:
WHEREAS, cities and the State of California have long had to deal with the
problem of train derailment; and
WHEREAS, derailments cause all jurisdictions great concern and money when
they occur in any jurisdictions be it county, state or city; and
WHEREAS, the jurisdiction in which a derailment occurs could operate more
efficiently with a super-fund for clean-up of derailments to defray the costs of police,
fire, sheriff or highway patrol during such ernergency; nova, therefore, be it
55
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in San Francisco, October 5, 1983, that the League
support legislation to tax railroads 10¢ per car (of any kind) per municipality through
which the rail cars pass in order to set up a super-fund collected by the state and sent to
local jurisdictions on an as-needed basis to cover the costs of cleaning up derailments.
. ...................................................................................................................................
82. RESOLUTION RELATING TO RAILROAD NOISE
Source: Robert Bartlett, Mayor Pro Tern, City of Monrovia
Referred to: Committee on Transportation and Public Works
Preliminary Recommendation to Resolutions Committee: No action
Final Recommendation to Resolutions Committee:
WHEREAS, cities have always had the problem of how to deal with railroad
noise; and
WHEREAS, cities actually have had to zone property near railroad rights-of-
way as non-residential or less productive uses because of noise pollution and vibrations
caused by passing trains; and
WHEREAS, cities could make properties near railroad rights-of-way more
desirable with noise attenuation barriers, structures or landscaping with a taxing structure
that would provide funds for said improvements; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities
assembled in Annual Conference in .San Francisco, October 5, 1983, that the League
support legislation imposing a tax on railroads of 1¢ per car (flat car, passenger or
otherwise) per mile through each jurisdiction that it passes to its final destination in
California.
...................................................................................................................................
i
56
a
® League ®t California Cities
® HOUSING POLICY STATEMENT
1�EPOIm
California Cities September 1983
Work Together p
INTRODUCTION
The League of California Cities current Housing Statement was prepared and adopted in
1977. Since then we have witnessed rapid escalation in home prices, a virtual halt in
rental housing construction, Proposition 13, high interest rates and a recession. An ever-
increasing number of current and prospective Californians is unable to afford adequate
housing.
The League Housing Policy reflects these conditions and emphasizes a continuing
commitment for cities to be leaders in the effort to respond to the challenge of meeting
our present and future housing needs.
FUNDAMENTAL HOUSING POLICIES
1. .The League of California Cities restates its strong support of a housing goal that all
people, regardless of race, color, income, creed, age or sex, should have decent housing
in a suitable living environment.
2. Because California has a critical housing shortage, falling most severely on low- and
moderate-income persons but affecting nearly all economic groups, and nearly all
regions of the state, the League of California Cities supports substantial increases in
the production of housing.
3. The League Of California Cities urges the conservation, preservation and full
utilization of our existing housing stock.
4. We also recognize that existing affordable dwellings are being lost in many of our
cities. . Therefore, the League supports the preservation of the existing supply of
housing serving low- and moderate-income persons and families.
5. Cities must be the leaders in promoting solutions to California's housing problems.
Alleviating housing problems is important to cities for many reasons:
-- Continuing economic development is dependent upon the availability of housing.
-- Economic development includes building and related industries; residential develop-
ment is, therefore in itself, a type of economic growth.
-- To promote social equity, reasonable measures must be taken to ensure that safe
and sanitary housing is available to all segments of our society.
-- TO allow social diversity a reasonable supply of different housing types including
housing affordable to low- and moderate-income people should be available in all
areas of the state.
-- Housing is a consumer issue; the single largest portion of our individual and family
budgets goes to housing. Lower housing costs will ease the strain placed upon the
rest of the economy.
*The Housingg Policy Statement is recommended for approval by Annual Conference
Resolution ' 6.
CONFERENCE REGISTRATION OFFICE HEADQUARTERS SOUTHERN CALIFORNIA OFFICE
HOTEL CLAREMONT, BERKELEY 94705 1400 K STREET, SACRAMENTO 95814 900 WILSHIRE BLVD..SUITE 606,LOS ANGELES 90017
(415) 843-3083 (916) 444-5790 (213)624-4934
r
-- To conserve resources land must be used more efficiently within existing urban
areas in ways which do not jeopardize other priorities. At the same time it is
necessary to improve and maintain the investment in the quality and stability of
existing neighborhoods.
-- As planners for the future, we must ensure that new households will be able to find
suitable housing.
A NEW ERA FOR A COMMITTED PARTNERSHIP
Presenting piecemeal solutions to individual housing issues seldom helps to solve the
problem and often simply shifts a problem from one group to another.
Members of Congress, the Governor, state legislators, mayors, city council members and
county supervisors, as the peoples' elected leaders, have a responsibility to provide
solutions to the common housing problem. Too frequently, because of limited powers and
areas of responsibility, we have criticized decisions of one another in ways that are
counterproductive. It is imperative that all levels of government communicate
effectively, understand and respect one another's position, and trust each other to work as
partners.
This partnership must also include the private sector. Elected and appointed city officials
must demonstrate more strongly, both to State officials as well as to members of the
development community, our commitment to solving the statewide housing problem. We
must also share with these individuals our local difficulties, and listen to the .problems in
their spheres of interest.
It is time to step beyond the rhetoric of partnership and commit ourselves to actualizing it
in achievement of the League's housing policies.
A COMPREHENSIVE APPROACH TO SOLVING OUR HOUSING PROBLEM
To solve our'housing problem we must fully understand the dimensions of the problem; we
must work cooperatively, and we must look both within and beyond the confines of the
housing delivery system for solutions.
In the creation of housing opportunities, we must understand for whom these' units are
intended, where and how they can be provided, and who will provide them. We must
recognize the legitimate objectives of other groups. Finally, we must recognize that
housing is not an isolated phenomenon; it is directly linked to levels of future economic
growth and new job production, population growth, immigration policies, poverty, and
other income-related problems. There are competing demands for our land: to provide
food, to protect vital natural resources, and to ensure adequate and safe drinking water,
clean air and an overall healthy environment.
Those of us concerned about housing must also understand and contribute to the solution
of these related problems.
1. HOUSING ELEMENTS
To the maximum extent practicable, state legislation affecting local land use decisions
shall be set forth within the general plan law. A principal component of the general
plan law is the housing element which details the responsibility of every city and
2
county to assist in providing its share of regional housing needs, including the housing
needs of low- and very low-income people. The primary purpose of the housing
element is to insure that each local agency is making a genuine good faith effort to
identify methods of both providing housing and the constraints to its provision,
analyzing information on housing, and developing positive workable solutions.
The housing element presumes that all individual land use and housing decisions shall
be made by cities and counties. The role of the State Department of Housing &
Community Development, other state agencies, the State Legislature and statewide
interest groups is to develop guidelines, assist in funding the preparation of housing
elements, and provide the technical assistance and information necessary to improve
the quality of local housing elements. Regional councils of governments composed of
local elected officials may assist cities in resolving issues which go beyond individual
city boundaries.
2. LOCAL PROCEDURES
Land use development processes and procedures are established by individual cities and
counties. Proposed state laws should be reviewed on a case-by-case basis to ensure
that any proposed requirements are feasible in all jurisdictions and all situations, that
they do not impose upon administrative agencies undue burdens which may outweigh
the benefits from the legislation, and that all significant costs associated with the
proposal are borne by the state or willingly borne by developers or others affected by
the change.
3. STATE POLICIES
Where national and statewide problems are identified, the federal and state
governments need to give local agencies the tools to deal with the problem. Where
statewide problems clearly require action by every local agency, any legislation must
include broad flexibility and provide local options.
4. INFRASTRUCTURE
The creation of adequate funding programs for the infrastructure necessary to support
housing must be a high priority for all levels of government.
5. FEDERAL RESPONSIBILITY
In our desire to accommodate fulfillment of the American dream of home'ownership
we must not overlook the most basic need of all of our peoples--shelter.
The private sector lacks the profit motive to provide housing for low-income people.
Local government, by itself, does not have the resources to do so. The League urges
the federal government to reassert its traditional leadership responsibility in the
provision of shelter for low- and very low-income groups.
6. HOUSING FINANCE AND SUBSIDIES
Housing financing programs, including tax benefits and subsidy programs, should be
expanded. Each program must be evaluated continually to ensure that our limited
resources are devoted to programs which are the most cost effective in terms of
housing provided for dollars expended and the most equitable in terms of which
economic segments are benefited most by the programs.
3
7. SPECIAL LEGISLATION
All state legislation shall be statewide and prospective. The proper legislative
response to charges of local errors is to examine the situation and determine whether
it warrants statewide legislation and, if so, to fashion a prospective proposal in
accordance with the basic principles outlined in this statement.
8. CLEAR STANDARDS
All requirements must be written in clear, specific and readily understandable
language. Vague or general requirements only lead to confusion, additional paperwork
and litigation.
9. GROWTH MANAGEMENT
Growth management programs which include limits on the number, of housing units
which can be built must be recognized as an acceptable local option for communities
where there is a lack of available urban services or for which rapid population growth
can dramatically change the character of the community. Other special circumstances
can also cause, a community to limit the rate at which new housing is built. Each
community should review its plan continually to ensure that it is based upon an
acceptable policy which does not substantially interfere with the attainment of
regional housing objectives, and that the circumstances requiring the adoption of the
program remain in existence.
10. RENT CONTROL
Local regulation of rental housing must be recognized as a local option in areas of
extreme housing shortage and rapidly escalating rents. Cities need to balance the need
for new rental housing versus the impact upon existing tenants. However, state
legislation should be enacted to ensure that new construction is not deterred by the
possibility of rent control by exempting all new construction from rent control except
where a local agency, at the time it approves construction, imposes a condition
requiring rent control.
11. FEES AND CHARGES
The state should not limit fees and charges which cities and counties may impose upon
private developers. However, fees and charges shall only be required to the extent
necessary to mitigate the impacts or costs of the .development or to fund public
services and facilities related to the development. The fees and charges shall be spent
only for the purposes for which they were collected.
12. STATE AGENCIES
State administrative approval of any local decisions, or actions which substitute its
judgment for that of local elected officials shall not be permitted. State agencies may
provide advice by reviewing and commenting on major local programs. .
13. HIGHER DENSITIES
Increasing housing density is an issue we must address. Per unit land costs may be
reduced, less land is needed, and public services and transit can be provided more
efficiently. However, the neighbors and community, the people most affected, often
4
see increased density as a reduction in the quality of life, causing increased traffic and
loss of open space and scenic views. How these forces will be balanced is different in
each case and depends upon the public perception of housing. Cities are encouraged to
develop plans for higher density residential development that are compatible with
community values.
14. EXCLUSIONARY ZONING
Exclusionary zoning is zoning based upon policies designed to preclude low- and
moderate-income persons, minorities or other special groups from residing in a
community. Existing state and federal law prohibits this practice. The League of
California Cities supports enforcement and strengthening of laws to prevent
exclusionary zoning.
15. COORDINATION BETWEEN EMPLOYMENT AND HOUSING
Many cities have substantial commercial and industrial facilities but have an insuffi-
cient number of housing units for the people employed. Other cities have too few job
opportunities for their residents. We cannot eliminate these imbalances; on the other
hand, we must not allow them to worsen. Cities should examine new commercial and
industrial development proposals, to determine whether the proposed development
would create a substantial housing shortage in their community.
16. INCENTIVES FOR HOUSING PRODUCTION
There have been virtually no proposals to offer incentives to communities specifically
for production of low- and moderate-income units. Carefully designed incentive
programs can be more productive than sanctions, penalties or formulas. Substantial
financial incentives can make housing much more attractive to cities. They can offset
the real and perceived negative fiscal, social and environmental impacts that housing,
particularly for low- and moderate-income persons, often can have upon a city.
City officials in nearly every community are dedicated to solving our housing
problems. However, this can only be accomplished with the active understanding,
support and assistance of state and federal government, the private sector and the
public.
This housing policy may be clarified and updated by the League Board of-Directors upon
the recommendation of the League Committee on Community Development.
5
HOUSING POLICY ADDENDA
September 1983
The Housing Policy Statement is intended to be supplemented with a "How To" manual =_
describing the components of our housing problems and some useful methods for dealing
with the problems. The two addenda to the Policy Statement are brief narratives of the
housing problem and an outline of recommended solutions. Both will be expanded
substantially in the proposed manual.. These addenda may be clarified and updated by the
League Board of Directors upon recommendation of the League Committee on Community
Development.
ADDENDUM I
HELPING TO UNDERSTAND OUR HOUSING PROBLEM
AN EXAMINATION OF SOME OF ITS CAUSES
Although the great surge of domestic in-migration that spurred growth in California over
the past three decades has tapered off somewhat, there is still a heavy foreign in-
migration and a substantial natural increase (births over deaths) which creates a signifi-
cant housing demand. But the factor that seems most responsible for the recent increased
demand for housing is the social change that has reduced average family size. Young
people are leaving their family homes earlier than they once did, divorce rates are high,
and people are marrying later and having fewer children. These and other factors create a
demand for more but smaller homes than existed in the 1950's and 1960's.
At the same time, housing production costs have risen much faster than individual income.
There are many reasons for this -- some are obvious, some are not. We feel an under-
standing of the real causes of the housing problem is necessary if we are to develop
sensible solutions.
RISING EXPECTATIONS .
It's not cheaper housing people want, it's more expensive housing for less money.-. Public
expectations of housing quality have risen dramatically since the 1950's. We insist on a
full array of built-in appliances, tile counters and plush carpets. Because kitchens and
..bathrooms are the most expensive parts of a house to build, a small unit for one or two
people is more expensive per person than_a larger unit for three or four:
Not only buyers and .renters want more than they did 20 years ago_ . Governments have
gradually raised their standards. Locally, this has often been reflected in better.
architectural design, better landscaping and improved on-site and off-site facilities. The
State has raised requirements for energy conservation, safety, planning and access for the
handicapped. Federal law has increased environmental standards for .water, sewer and
other facilities and imposed more stringent.standards for housing finance. We cannot say
.that these quality improvements are undesirable; but the fact is that they have raised the
cost of producing a typical housing unit.--
RISING LAND COSTS
The cost of land has risen dramatically. There is still plenty of land for residential
development -- it just isn't in the right places. Residential land closest to employment
centers is in short supply, while many communities have excess housing and high
*The Housin Policy Addenda are recommended for approval by Annual Conference
Resolution ��17. 6
unemployment. There is tremendous diversity across this state in the relationship
between jobs and housing. Creating a balance between jobs and housing in every
community is not a realistic goal. On the other hand, allowing severe imbalances to get
worse would be unwise. .
Much has been said about increasing density to reduce land cost. This is necessary and
desirable, but it may also produce unrealistic expectations. Land value generally reflects
the income which the land can produce. Increasing permitted densities normally increases
land costs.• Consequently, a condominium close to major employment centers is still likely
to cost more than a larger, single-family detached home on a large lot an hour's drive
away.
Reducing the amount of land available for housing also adds to land cost by increasing the
value of the housing land available. Public agency land acquisition, agricultural preserves
and environmental protections have all contributed to reducing the amount of available
land. We are not saying that these policies are unjustified. However, we do acknowledge
that they reduce the land potentially available for housing.
FEES AND CHARGES
Home building industry spokespersons consistently allege that city fees and off-site
improvement requirements raise the cost of housing. Economists have inconclusively
argued both sides of the issue for years. However, there are many examples in California
where cities with very high fees have lower housing costs than cities with very low fees.
The primary driving force behind housing prices seems to be land cost, which responds to
demand, which is heaviest in close-in locations. All other things being equal, when fees
are high, land costs tend to go down.
Housing prices are set by the marketplace, not by the cost of production. If the costs of
production are too high for the marketplace, new units either will stand empty or will not
be built at all. But if the costs of production are lower than the market is willing to pay -
- a "seller's" market --,the price will rise to what the market will bear. In short, if fees
were reduced, there is no evidence that this reduction would be passed on to the home-
seeking public.
PROPOSITION 13
Recent property taxation'changes (Prop. 13) have aggravated the problem in several ways.
These changes have ,substantially eliminated the ability of cities to subsidize growth.
They have made it cheaper to hold vacant land and, therefore, have increased land cost to
developers...They place a.higher tax burden on new and resale housing.
FINANCING COSTS .-
The high cost of financing housing development is obvious. ' Its impact is tremendous. In
1982, the League surveyed California cities and found that over two million housing units
could be built on land already designated for development by local governments. Further,
the survey found that 85 percent of the approvals applied for had been granted, but only a
quarter of those approved were being built. It was not a lack of land, improper zoning, or
excessive delays in permit processing which caused that slowdown. Rather, the costs of
financing were so high that lenders and developers believed they would be unable to sell
their products. The costs of production were apparently a minor factor, for these were
presumably known to the builders before they applied for their approvals. Only the cost of
financing had changed radically in the interim.
7
SMALLER HOUSEHOLDS IN LARGE HOMES
There are a great many large homes from which the youngsters have departed, leaving
one- or two-person households. These people might be expected to seek smaller units if
there were some financial advantage to doing so. Recent trends are in the opposite =
direction, due to Prop. 13 and the higher price of new construction. As a result, there has
been a reduction in the number of larger homes "trickling down" from older families to
younger families. This constraint on housing turnover also creates a portion of the housing
shortage.
ATTITUDES
Attitudes affect the local approval process. In some cases, these attitudes are based on a
lack of understanding of the issues or on a wide variety of emotional responses to housing
proposals. Restrictive policies adopted simply in response to citizen pressure add to
housing costs. However, there are often sound reasons for local apposition. These range
from genuine concern over the fiscal impacts of growth to unwelcome changes in
community values built at great effort and expense over the years.
Conservation of prime agricultural soils, redress of severe jobs-housing imbalances, open
space preservation -- these and many other issues are bases for local concern. The
character of many of our communities is only slightly less important to their citizens than
the integrity of their own homes. It is not surprising that local governments, which are
inarguably closest to the people, hear these concerns expressed most vigorously.
The housing shortage then is primarily a shortage of housing located close to major
employment centers at prices middle- and lower- income home-seekers can afford. This is
not a surprising conclusion. The reasons for it suggest some directions for improvement
and, perhaps, how much relief it is realistic to expect.
8
ADDENDUM II
WORKING TOGETHER FOR MEANINGFUL SOLUTIONS
Given the causes of the problem as we view them, and given our recognition of the
importance of broadening the housing supply, it is important that every city consider new
and expanded actions to deal with the housing problem. Some of these are going to be
controversial. Most will require coordinated action by many different segments of
society. Others will have limited applicability useful only in specific situations. Each
'city; interest group and individual needs to examine this list to see where changes can be
made in a manner that does not threaten other priorities.
Following is a list of critical problems and some possible solutions to them. Everything is
interrelated and the listing of specific suggestions under a particular heading does not
mean that the same items are not equally applicable under another heading.
A. High Financing Cost
1. Interest Subsidies
2. Tax Exempt Mortgage Bonds
3. Revolving Loan Programs _
4. Equity Sharing
5. Tax Incentives
6. Rent Subsidies
7. Anti-Inflation/Anti-Speculation Controls
8. Corporate Pension Fund Housing Investments
9. Non-Profit Housing Development Corporations
10. Assessment Districts
B. Land Cost and Land Availability.
1. Identification of Available and Usable Land
Use of Surplus Land (at or below`market level)
3.. Subsidization of Land
4. Ground Leasing of Land
5. Multiple Use of Land
6. Redevelopment of Existing Land
7. Financing' of Existing and New Infrastructure
8. Use of Air-Rights
9. Reduction of Public Works Standards(e.g., narrower streets, fewer sidewalks)
10. Increase of Land Designated for Housing .
11. Increase of Minimum Densities to Match Holding Capacities
12. Evaluation of Land Held in Public Ownership
9
C. High Cost of Labor
1. Contract for Utility Installations
2.. Manufactured and Preassembled Housing
3. Owner-Built Housing
4. Changes to Federal Laws Setting Wage Rates
D. Decrease in Federal and State Financial Assistance for Low- and Moderate-Income
o-us in
1. Increased State and Federal Support
2. . Easier Administration of State and Federal Programs
3. Development of New Workable Programs
4. Innovative Lending Practices
5. State and Federal Programs that Provide the Maximum Benefit to Cost Ratio
6. Locally Administered Housing Programs
E. Inadequate Public Facilities and Lack of Sufficient Infrastructure
1. Creation of Public Support for New Revenues
2. Statewide Bond Issues for Infrastructure for Residential Development
3. Additional State Funding as Incentive for Residential Growth
F. Lack of Technical Resources
1. Formation of Regional Non-Profit Housing Development Corporations
2. Use of Retired City Officials for Technical Assistance
3. Use of Existing Regional State and Federal Technical Assistance
4. Improvement of State and Federal Housing-.,Department Understanding of
Technical Needs of Local Agencies
5. Investigation . of Funding .Sources For Increased •Technical Services by the
League of California Cities
G. Education and Local Political Climate
1. Educational Campaign to Increase Public `Awareness and Concern About Need
for Housing and Benefits to Communities Providing.It.; ,-
2. Local "Development Manuals" (to educate and inform developers or potential
developers about a city's development process)
3. Incentives for New Housing Development
4. Development of a Housing Constituency
5. Involvement of Mediators and Conflict Counselors During Disputes
6. Establishment of a Regional Educational Process
7. Repeal of Article 34 of the State Constitution which Requires a Referendum on
Certain Publicly-Financed Housing Projects
10
8. Use of Conflict Resolution Techniques to Harmonize Environmental Concerns
and Housing Needs
9. - Development of Workshops for Local Officials, Builders, Lenders, Realtors,
Housing Advocates, Environmental Groups, and Community Representatives.
H. Cost of Public Services
1. Greater Share of Property Related Revenues for Cities
2. Statewide Bond Issue to Pay for Services Related to Housing
3. Supplemental Revenues For Cities Which Approve More Housing Development
4. Use of Tax Increments, Assessments, and Cost Recovery by Connection or User
Charges
5. Tax Sharing Among Jurisdictions
6. Exchange of Services (such as private police patrols 6.r ' independent fire
services)
7. Reduction of Homeowner Insurance Rates
I. Conflicts Between Environmental Goals and Housing Goals
1. Identification of Available Land Where No Conflict Exists
2. Use of Surplus Land in Existing Urbanized Areas
.3. Subsidize Infill Development
4. Specific Plans
5. Minimum Densities
6. Use of Conflict Resolution Techniques
7. Designs for Higher Density Housing That Are Compatible in Lower Density
Neighborhoods
8. Involvement of Citizens in the Development Process
J. Conversion of Existing Housing To Alternative Uses ,
1. Identification of Threatened Housing Including Low and Moderate-Income
Rental Housing That Is Likely to Be Lost to Other Uses
2. Develop Plans to .Preserve Existin.g Subsidized _and Public Housing Stock
Including Technical Assistance and Financial Support for Owners, Housing
Authorities, Non-Profit Housing Development Corporations and Other Groups
3. Historic Preservation Ordinances
4. Code Enforcement Programs
5. Public-Private Partnership Programs to Involve the Private Sector in Support
for Public Housing Projects
6. Condominium Conversion Ordinances to Review the Impact of Condominium
Conversions on Low- and Moderate-Income Persons
7. Use of Community Development Block Grants for Rehabilitation of Housing
11
K. Reluctance to Accept Innovative Housing Forms
1. Encourage Smaller Housing Units and Second Units
2. Encourage and Promote Manufactured Housing
3. Publicize Success Stories Where Initial Resistance to an Innovative Housing
Type Was Overcome
4. Support Basic Housing Units That Are of Traditional Size with Optional
Amenities
5. Develop Greater Buyer and Lender Support for Innovative Housing
6. Examine Cooperative Group Homes, House Sharing and Other Non-Traditional
Forms
L. Discrimination Against Various Classes or Groups of People
1. Local Government Programs Including Identification Enforcement and Legal
Assistance
2. Local Fair Housing Programs
3. Use the Resources of the State Department of Fair Employment and Housing
4. Encourage Housing for the Handicapped
5. Federal Programs and Actions
M. Lack of Coordination Between Employment and Housing Development
1. Encourage Local Agencies and Employers to Provide Housing For Jobs Created
by New Commercial and Industrial Development
2. Full Review of the Impact on Housing When New Jobs Are Created
3. Careful Planning of New and Growing Communities to Create a Healthy Mix of
Jobs.for Residents and Housing For Workers
N. Federal, State and Local Government Standards and Regulations
1. Continual Reexamination of All Standards and Regulations
2. Elimination of Those Standards and Regulations Which Increase Housing Costs
Unnecessarily.
3. Formation of Public-Private Task Forces to'Focus Attention on Regulations
12