SR-6-V (9)
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JUN 2 () 1990
CA:RMM:ctdll11jhpca
city council Meeting 6-26-90
Santa Monica, California
STAFF REPORT
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TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Resolution Supporting Reauthorization of
the National Endowment for the Arts
At its meeting on June 12, 1990, the City Council directed
the City Attorney to prepare a resolution in support of the
National Endowment for the Arts. In response to this direction,
the accompanying resolution has been prepared and is presented to
the city council for its consideration.
RECOMMENDATION
It is respectfully recommended that the accompanying
resolution be adopted.
PREPARED BY: Robert M. Myers, city Attorney
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CA:RMM:ctdlllO/hpca
City Council Meeting 6-26-90 Santa Monica, California
RESOLUTION NUMBER 8051 (CCS)
(City council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SUPPORTING REAUTHORIZATION
OF THE NATIONAL ENDOWMENT FOR THE ARTS
WHEREAS, the arts enhance our quality of life by helping to
define a nation's and a community's ~dentity, values and
heritage,
contributing to cross-cultural communication and
developing creative problem-solving skills; and
WHEREAS, public investment in the arts stimulates economic
growth,
attracts
business
and
corporate
investment
to
communities, promotes downtown and neighborhood revitalization,
spurs tourism, enhances the image of our communities and nation,
and encourages innovation and inspiration in society; and
WHEREAS, the National Endowment for the Arts' twenty-five
year stellar history of promoting creativity and cultural
vitality has enabled a flourishing of the arts to reach every
state and community and made the arts available to every citizen
of our nation; and
WHEREAS, in its twenty-five year history the National
Endowment for the Arts has made over 85,000 grants and funded the
presentation or creation of over 1,000,000 images of which only
25 projects have become controversial; and
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WHEREAS, the restrictive language approved by Congress in
1990 would have the effect of promoting censorship and inhibiting
creativity at the expense of quality within the arts community,
and gives Congress the power to micro-manage the Endowment and
define obscenity rather than the courts~ and
WHEREAS, the Endowment's citizen-involved panel system,
local matching requirements for grants and reviews by the
Presidentially-appointed National Council on the Arts and its
Chairperson provide appropriate checks and balances with regard
to federal funding for the arts; and
WHEREAS, President Bush supports reauthorization of the
National Endowment for the Arts without restrictive language and
has submitted legislation to that effect in Congress~ and
WHEREAS, President Lyndon B. Johnson, in sponsoring
legislation to establish the National Endowment for the Arts,
proclaimed, "We fully recognize that no government can call
artistic excellence into existence. It must flow from the
quality of the society and the good fortune of the nation. Nor
should any government seek to restrict the freedom of the artist
to pursue goals his goals in his own way. Freedom is an
essential condition for the artist, and in proportion, if freedom
is diminished so is the prospect of artistic achievement,1I
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The city Council of the City of Santa Monica
resolves to support reauthorization of the National Foundation on
the Arts and Humanities Act of 1965 and continued funding for the
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Nat10nal Endowment for the Arts, National Endowment for the
Humanities, and the Institute of Museum Service for FY-1991
without restrictive language.
SECTION 2. The city Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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Adopted and approved this 26th day of June, 1990.
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I hereby certify that the foregoing Resolution No. 8051(CCS)
was duly adopted by the City council of the city of Santa Monica
at a meeting thereof held on June 26th, 1990 by the following
Council vote:
Ayes: councilmernbers: Abdo, Finkel, Genser, Jennings,
Ka t z , Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
.~,ltiAl-b-f~)
A':>">r ~t:y Clerk
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CARS:BFM:DM:bhm:zsr3
city council Meeting January 23, 1990
Santa Monica, California
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STAFF REPORT
TO: Mayor and City Council
FROM: City staff
SUBJECT: RECOMMENDATION TO ADOPT RESOLUTION SUPPORTING THE
PROPOSED LOS ANGELES COUNTY BEACHES, WILDLIFE AND PARK
LAND CONSERVATION ACT
INTRODUCTION
This report requests that the City Council adopt the attached
resolution supporting the proposed Los Angeles County Beaches,
Wildlife and Park Land Conservation Act.
DISCUSSION
The Mountains Recreation and Conservation Authority has requested
that the City Council adopt a resolution supporting the proposed
Los Angeles County Beaches, Wildlife and Park Land Conservation
Act proposed for the November 1990 ballot. The Act is a general
obligation bond measure that will provide approximately $750
million to preserve and improve beach, wildlife and park lands
and cultural facilities throughout Los Angeles County. of the
total amount, $120 million will be available as per capita funds
to be distributed to cities within Los Angeles County for park
land acquisition or improvement of existing parks, recreational
facilities and beaches. It is estimated this Act could provide
up to $1,503,817 for the City of Santa Monica. In addition,
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CARS:BFM:OM:bhm:res190 Santa Monica, California
Council Meeting: January 23, 1990
RESOLUTION NO. 7965(CCS)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA SUPPORTING THE PROPOSED LOS ANGELES
COUNTY CONSERVATION ACT FOR THE NOVEMBER 1990
BALLOT
WHEREAS, the Mountains Recreation and Conservation
Authority is currently developing the proposed Los Angeles County
Beaches, Wildlife and Park Land Conservation Act for the November
1990 ballot; and
WHEREAS, the proposed Los Angeles County Beaches,
wildlife and Park Land Conservation Act would include per capita
funding to every city in the county: and
WHEREAS, said funding could be used for acquisition of
new park lands, and development, improvement, and rehabilitation
of existing parks, recreational facilities, beaches and wildlife
areas,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1: The City Council recognizes that beaches,
wildlife and park lands are critical to maintaining the quality
of life.
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SECTION 2: The City Council recognizes that
neighborhood parks provide vital recreation opportunities and
recreation areas provide youth an important alternative to gang
involvement.
SECTION 3. The City council recognizes that our beaches
are among the most visited in the world.
SECTION 4. The City Council supports passage of the Los
Angeles County Beaches, Wildlife and Park Land Bond Act.
SECTION 5. The City Clerk shall certify to the adoption
of this resolution and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 23rd day of January, 1990.
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I hereby certify that the foregoing Resolution No. 7965(CcS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on January 23, 1990 by the following
Council vote:
Ayes: councilmembers: Abdo I Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: councilmembers: None
Abstain: Councilmembers: None
Absent: councilmembers: None
ATTEST:
~181 ;t1~fMntP./~L/
-Ills"" ~y Clerk
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Santa Monica, Californla
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GS:SES:ME
Council Meeting: September 26, 1989
TO: Mayor and Clty Council
FROM: City staff
SUBJECT: Request to Approve a Resolution in Support of the Los
Angeles County Transportation commission 1 s "Fight
Gridlock" ordinance and Expenditure Plan
INTRODUCTION
This report requests that the City Council approve the attached
resolution which approves the "Fight Gridlock" Ordinance and
Expenditure Plan as a potential 1990 ballot measure and urges the
Los Angeles County Board of Supervisors to designate the Los
Angeles County Transportation Commission as the Los Angeles County
Local Transportation Authority.
BACKGROUND
In June 1989, the Los Angeles County Transportation Commission
(LACTC) sent to the various cities in the county a draft
expenditure plan for revenues which would be generated by a
possible 1/2 cent sales tax. The proposed plan identifies funding
for local streets, highways and transit related purposes.
It has been determined that new street, highway and transportation
improvements of at least $7.5 billion are needed for cities and
unincorporated areas in Los Angeles County.
Such expenditures
cannot be financed by the state of California and the federal
government alone. Local jurisdictions must develop and implement
funding programs to finance needed improvements.
Further, Los
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SEP 2 6 1989
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Angeles County may forfeit as much as $1 billion in new revenues
from the state generated by a proposed gas tax increase (over a 10
year period) because local jurisdictions may not be able to match
the state funds available for highway,
street and road
improvements.
If the Gridlock ballot measure is successful, a Los Angeles County
Gridlock Prevention Fund will be created to supplement current
transportation funds as follows:
25% of revenues will be used for freeway improvements such as
new freeway lanes, interchange improvements, transitways and
carpool lanes.
30% of revenues will be used to improve street and highway
system management such as: tow service patrols, geographically
distributed emergency response teams and computerized street
traffic signals.
30% of revenues will be used by cities and counties to improve
road conditions by repairing, operating and maintaining all
public streets and traffic signals.
15% of revenues will be used to provide additional capital
funds for commuter rail.
The annual appropriations limit for the Gridlock Prevention Fund
would be set at $2.173 billion. Funds will be allocated to cities
based 50% on current population and 50% on the square yards of
publicly maintained streets and roads. It is estimated that Santa
Monica's share of the funds will be $1,121,971 for the first year.
The Gridlock Ordinance further requires that the funds be spent
within 3 years of receipt or they must be returned to be
reallocated to other jurisdictions.
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Other items of importance to the City from the Gridlock Ordinance
are:
1. The freeway portion of the funds (25%) includes the following
projects: Pacific Coast Highway - Adding a lane between Santa
Monica and Malibu and installing pedestrian undercrossings;
Santa Monica Freeway Extending the Smart Corridor
Demonstration Project to Santa Monica.
2. Right of way acquisition costs for commuter rail on corridors
where track exists would be funded. The purchase of the
Exposition line right-of-way would be an eligible use of the
new tax funds but the actual construction of the line would
not qualify.
3. Cities which successfully apply for funds from the street and
freeway system management portion of the new tax (30%) must
agree to implement TSM measures identified by the SCAQMD,
including parking restrictions on major arterials during
commute hours.
LACTC now requests that local jurisdictions approve the final
expenditure plan by resolution.
The resolution indicates the
City's approval of the expenditure plan and requests that the Los
Angeles County Board of Supervisors designate the LACTC as the
transportation sales tax authority.
According to state law, once resolutions have been adopted by a
majority of the cities representing a majority of the population
in the county, and by the Board of Supervisors, the sales tax issue
can be placed on the ballot for voter approval.
LACTC will
determine in November whether to request that the County place the
measure on the ballot in 1990.
BUDGET/FISCAL IMPACT
There is no budget/ fiscal impact to the Ci ty as a result of
approving this resolution.
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RECOMMENDATION
It is recommended that the City council adopt the attached
resolution which approves the LACTC's "Fight Gridlock" Ordinance
and Expenditure Plan and urges the Los Angeles county Board of
Supervisors to designate the Los Angeles County Transportation
Commission as the Los Angeles County Local Transportation
Authority.
Prepared by:
Stan Scholl, Director of General Services
Ron Fuchiwaki, parking and Traffic Engineer
Kate Spellman, senior Management Analyst
Marsha Eubanks, Senior Administrative Analyst
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING THE FIGHT
GRIDLOCK ORDINANCE AND EXPENDITURE PLAN
WHEREAS, maintaining and improving the operation of our
aging and deteriorating transportation system is essential to
preserving our standard of living and economic vitality and
current revenues are not sufficient to meet current and future
needs; and
WHEREAS,
new street,
highway,
and transportation
improvements of at least an additional $7.5 billion are needed for
cities and unincorporated areas in Los Angeles County; and
WHEREAS, approval of a one-half cent sales tax increase
would generate enough revenue to finance essential transportation
projects contained in the Fight Gridlock Plan; and
WHEREAS, the State of California and the federal
government alone cannot solve the transportation problems in Los
Angeles County and local jurisdictions must develop and implement
new local funding programs; and
WHEREAS, Los Angeles County may forfeit as much as $1
billion over a ten-year period in new revenues generated by the
proposed gas tax increase because local jurisdictions will not be
able to match state funds available for highways, streets and
roads; and
WHEREAS,
the
Los
Angeles
County
Transportation
Commission has developed a countywide consensus on the essential
projects to adquately deal with current and anticipated traffic
congestion and a proposed Fight Gridlock Ordinance and Expenditure
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Plan to fund the implementation of these essential projects; and
WHEREAS,
the
Los
Angeles
County
Transportation
Commission is requesting the City of Santa Monica to support the
the Fight Gridlock Ordinance and Expenditure Plan,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica
approves of the Fight Gridlock Ordinance and Expenditure Plan of
the Los Angeles County Transportation Commission.
SECTION 2. The Los Angeles County Board of Supervisors
is strongly urged to designate the Los Angeles County
Transportation Commission as the Los Angeles County Local
Transportation Authority.
SECTION 3.
The Ci ty Clerk is directed to send a
certified copy of this Resolution to the Los Angeles County
Transportation Commission.
SECTION 4. The City Clerk shall certify the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS U
city Attorney
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August 22, 1989
Santa Monica, California
TO: Mayor and City Council
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FROM:
City staff
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SUBJECT: Resolution Supporting the Request by the Los Angeles
Board of Supervisors for Additional Locally Based
Federal Anti-Drug Resources.
INTRODUCTION
This report requests that the City Council adopt a resolution
endorsing the Board of Supervisors' request that the Federal
Government reallocate Federal anti-drug enforcement resources to
Los Angeles County. The Board asked that all cities in the
County adopt a resolution which recognizes that the area has a
major drug problem and needs additional Federal support.
BACKGROUND
Los Angeles County has become a major drug importation and
transshipment center for the United states with massive amounts
of cocaine and Mexican heroin flowing into the area. It is also
the principal manufacturing and exportation center for P.C.P. and
crack furnished by Los Angeles street gangs, and the money
laundering capitol of the United states for South American and
Mexican drug traffickers.
The current Federal resource allocation for drug investigation
and enforcement agencies assumes that the East coast,
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AUG 0 8 1989
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particularly Miami and New York, is the major drug center of the
United States. Unfortunately, the West coast is now competitive
as a major drug center, particularly Los Angeles County. The
need for personnel, technology and funding to meet the drug
crisis and its related violence in the County is clear. The
dramatic rise in drug trafficking and abuse has severely
overburdened the justice and health care systems, as evidenced by
the growing numbers of arrests, drug seizures, emergency room
episodes and deaths.
staff recommends that Council support the Board in the form of a
resolution which urges the Federal Government to:
1. Reallocate resources, inclUding personnel, technology
and funding to Federal anti-drug enforcement agencies,
to those areas of highest drug abuse and trafficking
activity, particularly to those Federal agency offices
working in the Los Angeles County area.
2. Expedite implementation of the Anti-Drug Abuse Act of
1988, targeting resources made available under the Act
to those areas which have demonstrated the greatest
need, including Los Angeles County, to assist with
local law enforcement, health care, prevention and
education efforts.
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RECOMMENDATION
staff recommends that the City Council adopt a resolution
supporting the Los Angeles County Board of Supervisors' request
that the Federal Government reallocate Federal anti-drug
resources to Los Angeles county.
Prepared by:
Attachment:
James F. Keane, Chief of Police
Resolution
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City Council Meeting August 8, 1989
santa Monica, California
RESOLUTION NUMBER
(City Council Series)
A RESOLUTION SUPPORTING THE REQUEST BY THE
LOS ANGELES BOARD OF SUPERVISORS FOR ADDITIONAL
LOCALLY BASED FEDERAL ANTI-DRUG RESOURCES
WHEREAS, the County of Los Angeles has a major drug problem and
has inadequate federal resources to meet the crisis; and
WHEREAS, the Los Angeles County Board of Supervisors
recognized the severity of the drug problem which
overburdened the local justice, educational and health
systems; and
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care
WHEREAS, the Board of Supervisors has requested that all cities
in the County adopt a resolution which recognizes that the area
has a major drug problem and needs additional federal resources,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. The City agrees and declares that the Federal
Government should reallocate resources, including personnel,
technology and funding of federal anti-drug enforcement agencies
to those areas of highest drug abuse and trafficking activity,
particularly to those federal agency offices working in the
Los Angeles County area.
SECTION 2. The City agrees and declares that the Federal
Government should expedite implementation of the Anti-Drug Abuse
Act of 1988, targeting resources made available under the Act to
Los Angeles county to assist with local drug prevention,
education, health care, and law enforcement efforts.
SECTION 3. The City Clerk shall certify to the adoption of this
ReSOlution, and thenceforth and thereafter the same shall be in
full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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GS:CP:SM:wastebil
council Meeting: August 8, 1989
Santa Monica, California
TO:
Mayor and City council
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AUG 0 S l~l):j
FROM:
city staff
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SUBJECT:
Recommendation to Adopt Resolution in Support of
State Legislation to Enact the Solid Waste Recycling
Act of 19B9 and Appoint the Department of
Conservation as Lead Agency for the Administration
of the Act
INTRODUCTION
This report recommends that city council adopt the attached
resolution in support of ABBD, introduced by Assembly Members
Killea and Cortese. This bill would establish the Department of
conservation as the lead state agency responsible for the
administration of the Solid Waste Recycling Act of 1989 and would
require cities and counties to cooperate in the preparation of
integrated solid waste management plans which emphasize source
reduction, recycling, and environmentally safe disposal.
BACKGROUND
ABBD has emerged as one of the most comprehensive of over 100
solid waste and recycling bills in the current legislative
session. In response to mounting pressures caused by landfills
reaching capacity, siting problems associated with opening new
landfills, and environmental hazards caused by toxic materials
leaching into the air and ground surrounding landfills,
legislators are turning to alternative methods of solid waste
disposal. ABBO proposes comprehensive changes in the means by
which solid waste is collected, processed, and disposed, and
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AUG 0 8 1989
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provides guidelines to cities and counties as to the specific
elements to be included in their soli~ waste management plans.
DISCUSSION
ABSO would designate the Department of Conservation, currently
lead agency for the California Beverage container Recycling and
Litter Reduction Act (AB2020), as lead agency for the Solid Waste
Recycling Act of 1989 which would be enacted as part of the
California Beverage Container Recycling and Litter Reduction Act.
The Waste Management Board, the current lead agency for solid
waste disposal issues, is perceived as biased toward the private
waste disposal industry. By designating the Department of
Conservation as lead agency, potential imbalances between private
industry interests and the public's interests will be eliminated.
AB80 would enact the Solid Waste Recycling Act of 1989 which
would require each local agency to prepare, adopt, and implement
a waste reduction and recycling plan which would be incorporated
into a county solid waste management plan. According to AB80,
amendments to the county plan would have to be approved by a
majority of the cities within the county which contain a majority
of the population of the incorporated area of the county. Each
proposed change to the Los Angeles County Solid Waste Management
Plan would require a response from Santa Monica within 90 days or
the amendment will be deemed accepted as submitted.
Santa Monica has already adopted a solid waste management plan
establishing a 25 percent diversion goal within four years, a
time frame staff believes is achievable through a program which
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includes an innovative pay-for-volume rate structure, recycling
programs aimed specifically at mUlti-family buildings, yard waste
compostinq, and procurement policies emphasizing purchase of
recycled products. AB80 also establishes a 25 percent diversion
goal and requires that each city's plan contain the above
mentioned types of programs.
To identify the amount and type of recyclable materials in the
waste stream, each city would be required to complete a waste
characterization study and develop an implementation schedule
which shows how the City will achieve the highest possible
diversion rate. Santa Monica's city Council recently approved
funding for implementation of a waste characterization and
composting feasibility study for which staff is currently
evaluating proposals from several consultants.
The bill requires specified reports be submitted to the Governor
and the Legislature and that plans be reviewed at least every
three years. Potential problems could arise from these reporting
requirements if staff time spent complying with these
requirements detracts from program implementation. However, as
Santa Monica already has implemented or will begin to implement
most of the program requirements within the next two years, it is
not anticipated that the reporting requirements will be
unmanageable.
ABBQ has passed the Assembly and is scheduled for consideration
by the Senate Appropriations committee on August 21, 1989.
Although AB80 comprehensively addresses most solid waste
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management issues, it does not address the issue of market
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development for recycled materials which is crucial to the
ultimate success of recycling. As the designated lead agency,
the Department of Conservation must be urged to take a leadership
role in this area for local efforts to be successful. Economic
incentives for source reduction and disincentives for excessive
packaging are the single ~ost effective means of redirecting
product development and manufacturing techniques. Such efforts
should be encouraged at the state level in conjunction with
implementation of effective solid waste management plans at the
local level.
BUDGET/FISCAL IMPACT
There is no anticipated financial impact beyond the budgeted
expenditures for the recycling programs already approved by City
Council.
RECOMMENDATION
staff recommends that the City Council approve the attached
resolution supporting AB80 and encourage additional state efforts
toward the implementation of economic incentives for source
reduction and disincentives for excessive packaging by
manufacturers.
Prepared by: stan Scholl, Director of General Services
Susan Munves, Administrative Analyst
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RESOLUTION NO.
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA IN SUPPORT OF ASSEMBLY BILL 80
WHEREAS, solid waste management has become an
increasingly critical environmental issue as landfills reach
capacity and hazardous materials pollute the air, ground, and
water; and
WHEREAS, alternative methods of solid waste management
such as recycling, composting, and waste minimization are
becoming a more cost-effective means of handling solid waste; and
WHEREAS, Assembly Bill 80 has been introduced into the
California state Legislature; and
WHEREAS, Assembly Bill 80 would require every local
agency to prepare and implement a solid waste management plan
which would divert 25 percent of the total waste stream from
landfill within three years; and
WHEREAS, Assembly Bill 80 would designate the
Department of Conservation as the administrator of the Solid
Waste Recycling Act of 1989,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of Santa Monica strongly supports
the passage of Assembly Bill 80.
SECTION 2. The City of Santa Monica urges the Assembly
to develop economic incentives for source reduction and economic
disincentives for excessive packaging to encourage manufacturers
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to use recycled materials and produce less wasteful packaging.
SECTION 3. The city Clerk shall mail a copy of this
Resolution to the Governor, state Senate Appropriations
committee, and Assembly Member Hayden.
SECTION 4. The city Clerk shall certify to the
adoption of this Resolution, and thenceforth and thereafter the
same shall be in full force and effect.
APPROVED AS TO FORM:
~~~
ROBERT M. MYERS
City Attorney
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GS:CP:SM:CFCrep
Council Meeting: July 11, 1989
JUL 1 i 1989
Santa Monica, California
I CC-- tY.-' 2-
To:
Mayor and City council
From:
City staff
Subject:
Recommendation to Adopt Resolution in Support of
State Legislation to Regulate Ozone Depleting
Activities
INTRODUCTION
This report recommends that City Council adopt the attached
resolution in support of AB1718, coauthored by Assembly Members
Hayden and Vasconcellos. This bill would require the phase out
of chlorofluorocarbons (cFCs) in commercial products
manufactured, packaged, or sold in California and require the use
of CFC recycling equipment in servicing motor vehicle air
conditioners.
BACKGROUND
In 1984, scientists discovered a continent-sized hole in the
ozone shield over Antarctica that has since been determined to be
caused by chlorofluorocarbons (CFCs), a class of chemicals widely
used in industrial and consumer products. Ozone holes have so
far been confined to the Antarctic, and, to a lesser extent, the
Arctic. But recent measurements of the ozone layer in other
parts of the globe indicate that worldwide depletion of the ozone
shield has begun. The ozone layer filters out much of the sunls
harmful ultraviolet radiation which causes skin cancer, immune
system damage, and increased risk to plant and animal life.
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California emits 5 percent of the total global emissions of
ozone-depleting chemicals.
CFCs are used as coolants in air conditioners and refrigerators:
foaming agents in foam insulation, packaging, and cushioning:
solvents that clean solder from electronic components and grease
from sheet metal: and sterilants that sanitize medical
instruments in hospitals. Similar chemicals called halons, which
are up to ten times more potent than CFCs as ozone depleters are
used in fire extinguishers.
Automobile and truck air conditioners account for approximately
37 percent of CFC-12 (freon) use in the United states and
approximately 17 percent of all cFC use. Currently, when a
vehicle air conditioner is serviced, the freon gas is drained
and vented into the atmosphere during servicing. New equipment
which can remove and recycle CFCs from mobile air conditioners
has been developed. These machines, known as IIVampires," cost
between $1500 and $4000 and are designed to replace existing air
conditioning servicing equipment. AB1718 would require
installation and use of CFC-12 recycling equipment in all garages
and automobile service centers in California by January 1, 1991.
AB1718 would also require labeling of all products containing
CFCs: and prohibit sale of residential fire extinguishers using
halon and medical sterilants by January 1, 1990.
DISCUSSION
All city of Santa Monica truck and vehicle air conditioners are
serviced by a private air conditioning service and repair
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facility located in Culver City. There are approximately 20 air
conditioning systems or package air conditioning units in
city-owned buildings which are serviced by private contractors.
Halon-based fire extinguishing systems have been installed in the
City's computer room and the telephone switch room where
electrical fires must be quickly extinguished.
Since all of the City's mobile air conditioning units are
serviced by outside contractors, there is no need at this time
for the city to purchase a freon recycling system. The ban on
sale of residential fire extinguishers containing halon would not
effect the fire extinguishers located in the computer room and
telephone switch room. Fire extinguishers containing dry
chemicals are the preferred substitute for residences due to
their superiority in fighting household fires and their lower
cost.
An ordinance requiring repair shops in Los Angeles to recycle
freon is now before the Los Angeles City council pending
resolution of enforcement issues. The ordinance would require
the installation and use of CFC-12 recycling equipment in all
proprietary garages and automobile service centers in the City of
Los Angeles. Mayor Bradley is recommending the law go into
effect by January 1, 1990. In addition, the ordinance would
place a ban on the sale of small 12 or 14 ounce cans of freon
which will assist in ending the practice of replenishing freon in
vehicles as an alternative to repair of leaky air conditioners.
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staff will continue to monitor AB1718 and the City of Los Angeles
ordinance to assess the need for further city action to prevent
ozone depletion. Without participation on a County or regional
basis, action by Santa Monica alone to require freon recycling
systems in all automobile air conditioning repair shops would
have little impact on this problem and could place an excessive
burden on small Santa Monica businesses.
BUDGET/FISCAL IMPACT
There is no budget/financial impact.
RECOMMENDATION
staff recommends that the City Council approve the attached
resolution supporting AB1718.
prepared by: stan Scholl, Director of General Services
Susan Munves, Administrative Analyst
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RESOLUTION NO. 7844(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA IN SUPPORT OF ASSEMBLY BILL 1718
WHEREAS I the release of ozone-depleting chemicals into
the atmosphere is causing a significant and immediate global
crisis, in that such chemicals are depleting the ozone shield
which protects earth from destructive ultraviolet rays: and
WHEREAS, it is vitally necessary that the State of
California take immediate action to eliminate the manufacture,
use, and emission of ozone-depleting chemicals: and
WHEREAS, Assembly Bill 1718 has been introduced into
the California State Legislature: and
WHEREAS, Assembly Bill 1718 would, on or after January
1, 1991, require the use of recycling and recovery equipment in
the servicing of vehicle air conditioners having cFC
(Chlorofluorocarbon) coolants, and prohibit or require the
labeling of those coolants when sold in specified small
quantities: and
WHEREAS, Assembly Bill 1718 would establish a specified
date upon which there would be a general prohibition upon the
manufacture, assembly, packaginq or sale of any product
containing specified CFCs, halons, or other halogenated
chemicals,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
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SECTION 1. The City of Santa Monica strongly supports
the passage of Assembly Bill 1718.
SECTION 2. The City of Santa Monica urges the
Legislature to consider an even earlier implementation date for
the provisions in Assembly Bill 1718.
SECTION 3. The city Clerk shall mail a copy of this
Resolution to the Governor, state Senators, and Assembly Member
Hayden.
SECTION 4. The City Clerk shall certify to the
adoption of this Resolution, and thenceforth and thereafter the
same shall be in full force and effect.
APPROVED AS TO FORM:
~\.-Y'.~
ROBERT M. MYERS U
City Attorney
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Adopted and approved this 11th day of July, 1989.
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Mayor
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I hereby certify that the foregoing Resolution No. 7844(CCS)
was duly adopted by the city council of the city of Santa Monica
at a meeting thereof held on July 11, 1989 by the following
Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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City
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C/ED: HD: CA: j t
city council: 10/25/88
Santa Monica, California
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TO: Mayor and City Council
FROM: Housing Commission
SUBJECT: Recommendation to Support Proposition 84, the Califor-
nia Housing and Homeless Bond Act of 1988
INTRODUCTION
This report submits for the city Council's review and support
Proposition 84, the California Housing and Homeless Bond Act of
1988. The report recommends that the city Council formally sup-
port the proposition.
BACKGROUND
At their September 22, 1988 meeting, the Housing Commission con-
sidered Proposition 84, the California Housing and Homeless Bond
Act of 1988, and voted unanimously to make a recommendation to
the City Council to support the measure.
On March 21, 1988 city staff provided the city council with an
information item which included a review and analysis of the
Roberti Housing and Homeless Act.
The compromise legislation
discussed in the report, which incorporated the main elements of
the Roberti Act, was subsequently signed into law placing three
bond measures before the voters in 1988 and 1989. The bond mea-
sures will authorize the issuance of $600 million in state
general obligation bonds to provide housing for the homeless,
seniors, the handicapped, families and first time homebUyers.
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ID-.6.
OCT 2 5 1988
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Voters passed Proposition 77 in June, authorizing $150 million in
in general obligation bonds for rehabilitation of low income
housing. The second bond measure, Proposition 84, will be placed
on the November 1988 ballot and is described below.
DISCUSSION
proposition 84, if passed, will provide $200 million in deferred
payment loans for rental housing construction, $25 million for
residential hotel acquisition and rehabilitation, $25 million in
grants for the acquisition and rehabilitation of properties for
emergency shelters, $15 million to develop 900 units of housing
designed for single and working parent families under a new Fami-
ly Housing Demonstration Program, $10 million to produce 300
units of migrant farmworker housing, and $25 million to assist
2,000 first time home buyers.
The programs funded by the proposal will be implemented through
existing state Department of Housing and Community Development
programs with some modifications. Proceeds from state general
obligation bonds will be used to fund these programs.
The Housing Commission urges council support of the measure be-
cause, if passed, the proposition will significantly increase
state resources committed to affordable housing which can be
leveraged with local resources to address the needs of Santa
Monica homeless, very low and low income residents.
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FINANCIAL/BUDGETARY IMPACTS
No financial or budgetary impact will result from the actions
recommended in this report.
RECOMMENDATION
The Housing Commission recommends that the City Council formally
support Proposition 84.
Prepared by: Carol Anderson, Housing commission Liaison
Candy Rupp, Housing Program Manager
Department of Community and Economic Development
: support
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84
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Housing and Homeless Bond Act of 1988
Official Title and Summary Prepared by the Attorney General
HOCSING A~D HO~tELESS BOND ACf OF 1988 ThIS act provides for a bond Issue of three hundred mIlhon
dollars ($300,000,000) to provIde funds for a housmg program that mcludes (1) emergency shelters and tranSlhonal
housmg for homeless fanuhes and mdlvlduals, (2) new rental housmg for families and 10dlVlduals mcludmg rental
housmg whIch meets the speCIal needs of the elderly, dIsabled, and farmworkers, (3) rehablhtatIon and preservation
of older homes and rental housmg, and (4) home purchase aSSIstance for fIrsHune homebuyers
Final Vote Cast by the Legislature on SB 1693 (Proposition 84)
Assembly Ayes 54 Senate Ayes 27
Noes 16 Noes 3
AnalySiS by the Legislative Analyst
Background
The state adrmmsters vanous housmg programs to help
meet the need for affordable and decent housmg Most of
these programs prOVIde eIther low-mterest loans or
grants for the construction or rehabIhtatIon of hOUSIng for
lOW-Income persons
Proposal
ThIs measure authonzes the state to sell S300 mIlhon m
general obhgatlOn bonds to prOVIde funds for SIX housmg
programs awmmstered by the state General obhgahon
bonds are backed by the state, meamng that the state WIll
use Its taxmg power to assure that enough money IS
available to payoff the bonds The state's General Fund
would be used to pay the pnnclpal and mterest costs on
the bonds General Fund revenues come primanly from
the state corporate and personal mcome taxes and the
state sales tax
The $300 milhon m bond proceeds would be used
entIrely to asSIst lOW-Income persons by provl<lmg aSSIS-
tance for the development or rehablbtatlon of affordable
rental housmg and temporary housmg for the homeless,
and by pro\1.dmg finanCial assistance to first-tIme home
buyers The state would use specific defimtIOns of "low-
mcome" and "affordable" to adrmmster the programs
Of the $300 mIlhon In bond proceeds, $260 mllhon
would be spent on four eXlstmg state programs
Rental Housing Construction Program ($200 Milhon).
The state would use $200 mIlhon to proVIde affordable
rental housmg for low-mcome households Under the
eXIsting program, the state may make a vanety of loans
and grants to pubhc and pnvate developers to prOVIde
thIs housmg In the past, the state has made "deferred-
payment" loans to develop and fmance affordable rental
hOUSIng and grants to reduce the amount of rent col-
lected from low-lUcome tenants If the state contInues to
operate the program m a Similar manner, the state would
make loans, at no or low Interest, for penods of at least 40
years The borrowers would begm repa)'mg pnncIpal and
mterest after 30 years In return for the low-mterest loans,
the state would require borrowers to rent at least 30
percent of the umts to low-mcome households at afford-
able rents In some cases, the loans would not pro\1.de
28
enough aSSIstance to keep rents affordable to these
targeted households In these mstances, the state could
make grants on an ongomg baSls to ensure affordability
Special User Housing Rehabilitation Loan Program
($25 Milhon). The state would make $25 milhon 10 loans
for the purchase and rehablhtahon of reSIdentIal hotels
These hotels tyPICally rent rooms to low-mcome indiVId-
uals on a month-to-month basIS The state would lend thIS
money at low mterest rates-up to 3 percent-for penods
rangmg from 20 to 30 years Dunng that hrne, hotel
owners could not raise rents on umts rehabIbtated or
purchased With program loans above levels affordable to
the low-mcome tenants Borrowers could postpone pay-
ment of pnnclpal and mterest untIl the end of the loan
penod
Emergency Shelter Program ($25 Million). The state
would make $25 ffillhon m grants to nonprofit agenCIes
and local governments to proVIde emergency shelters for
the homeless
Migrant Housing Program ($10 Million). The state
would spend 810 mIlhon to construct rental housmg
developments for mIgrant farmworkers and theIr farm-
hes The housmg umts would be owned by the state and
operated by local governments USIng other state funds
and rent receIpts These umts would be available at
affordable rents to farm workers when they are workmg
at local farms
The measure also prOVIdes S40 mdhon for two new
housmg programs'
Home Purchase Assistance Program ($25 Million).
The state would prOVIde 825 mdhon III loans and mort-
gage lllsurance to help low-mcome persons buy their first
homes ThIS program would supplement low-mterest
loans prOVIded under two eXlstmg state programs that
aSSIst Cahforma veterans and Iow- and moderate-mcome
households m buymg homes The loans under the new
program could be used, among other thIngs, for (a) ad-
dItIonal mterest-rate subSidIes, (b) low-mterest second
mortgages, or (c) down payment assistance The state
would make the loans under thiS program for penods up
to 30 rears, and the borrowers would repay pnnclpal and
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mterest at the end of the loan p~ or when they sell or
refinance theIr homes -.-
Family Housing Demonstration Program ($15 Million).
The state would provIde $15 m1l11On U1 loans, at 3 percent
mterest, for the constructIon or rehabilitatIon of two
"nontrachtlOnal" forms of housmg
. Congregate Housing. Twenty-fIve to 35 percent of
the funds would be allocated for .. congregate hous-
mgn developments These projects would house 2 to
10 faImhes wlthm a smgle large urnt and provide
common hvmg areas
. Community Housing. The remaIDmg funds would
go to .. commumty housmg" developments, whIch
would have 20 or more rental or cooperatIve umts
and provide vanous support serVIces (such as cluld
care, Job trammg and placement) to the resIdents
Both of these housmg developments would be anned at
servmg the needs of low-mcome smgle-parent households
and households \\-'1th both parents workmg outSIde the
home Rents or payments on uwts would be kept low and
affordable The state would make loans for penods rang-
mg from 20 to 30 years, and the borrowers could postpone
payment of prmcIpal and interest untIl the end of the
loan term
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Fiscal Effect e
Direct Cost of Paying Off the Bonds. The state would
would receIve loan repayments under the four loan
programs discussed above These repayments, however,
would be used for adchtlOnalloans, not for repayment of
the general obhgatton bonds As a result, the state's
General Fund would be responsIble for the bond pnncl-
pal and interest payments, whtch typICally would be paid
off over a penod of about 20 years If all of the authonzed
bonds were sold at an mterest rate of 7 5 percent, the cost
would be about S535 mtlhon to payoff both the pnncipal
($300 mtlhon) and mterest ($235 millIon) The average
payment would be about $25 millIOn each year.
Borrowing Costs for Other Bonds. By mcreasmg the
amount that the state borrows, thIS measure may cause
the state and local governments to pay more under other
bond programs These costs cannot be estunated.
State Revenues. The people who buy these bonds are
not reqUIred to pay state mcome tax on the mterest they
eare Therefore, tf Cahforma taxpayers buy these bonds
mstead of makmg taxable mvestments, the state would
collect less in income taxes TIns loss of revenue cannot be
eshmated
Text of Proposed Law
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This 1aw proposed b" Senate Ih111693 iStatutes of 1988, Ch 48) IS
submlUed to the people ill accordance WIth the prOVISIons of Article
XVI of the Constltutlon
ThIS proposed law adds sections to the Health and Safet\' Code,
therefore, new provISIons proposed to be added are pnnted ~n Itabc
type to mdIcate that they are new
PROPOSED LAW
SECfIO, 1 Part 9 (commencmg WIth Section 53150) IS added to
DIVISIon 31 of the Health and Safety Code, to read
PART 9 HOFSI'liG A!\,'D HO!t,,{ELESS BO;\'D ACT OF 1988
CH4PTER I GE"ER~L PROHSJO"S
53150 ThiS part shall be knolEn and may be cued as the Housmg
and Homeless Bond Act of 1988
53151 As used m thts part. the fol/ou-mg terms hat""/! the follalL'tng
meorungs
(a) "Committee " meons the Housmg Committee created purslJ{lnt to
Sectton 53172
(bi "Fund" means the Home BUIlding and Rehobll,tatlOn Fund
created pursuont to SectJon 53160
CHAPTER 2 HOME BUWINe ~ND REH~BlLJTAT10" Fr......D
53160 The proceeds of bonds ISsued arid sold pursuant to thIS part
shall be depoSited m the Home Buddlni!. and Rehabzlltatton Fund,
which IS hereby created -\J('neys It! the fund shall be allocated and
utilized m accordance lL'tth Part 8 (cammenclni!. u."lth Section 53J30), as
added bl! Senate Bill No 1692 of the 1987-88 Re{Zular SeSSIOn
CHAPTER 3 FISCAL PROVISIO'VS
53170 Bonds 111 the total amount ofthree hundred millIOn dollars
($.3(J),()(X),()(J()J, exclUSR'e of refundmg bonds Issued pursuant to Sf!ctIon
531705. or so much thereof as IS necessary, may he Issued and sold to
procu.:/e a fund to be used for carrylTl!< out the pu rposes expressed ITI th,s
part and to be used to reImburse the General OblzgotlOn Bond Expense
Remlunit. Fund pur$Uant to SectIOn 167245 of the GoL'ernment Code
The bonds shan when sold, be and con.stltute a mild and btndmi?
obbJZatwn oOhe State afCallfornla, alllI the full faIth and credIt of the
State of Califorma IS hereby pledged for the punctual payment of both
prtnClpalof and mterest on. the bOnds as the pnnclpal and I1lterest
become due and payable
531705 Ally honds Issued and sold pursuontto thiS chapter may be
refu nded by the Issuance of refundllJg bonds In accordance u"th A rflc/e
6 (commencmg u"lth SectIOn 16780) of Chapter 4 of Part 3 of DIFlSlO11
2 of Tule 2 of the Governmt'1lt Code Approwl by the electors of the
state for the IssuanCf! of these bonds shall tndude the approwi of any
bonds Issued to refumfaTIY bonds ongmally Issued or preCIOusly l!isued
refundmg bonds .
53171 The bonds authon:.:ed by th,s part shall be prepared, exe-
cuted, Issued, sold, paul, and redeemed as pmrtded m the State General
Obligation Bond Lau' (Chapter 4 (commenCIng U:lth SectIOn 16720) of
Part 3 of Dlt'lS101l 4 of Tule 2 of the GOL'ernment Code), and all of the
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prot'lslons of that law llpply to the bonds and to thn part and are
hereby mcorpOTated m thIS part as though set forth In full ttI th,s part
53172 (a) Solely for the purpose of authon~11"Ig the USlla1"lce and
sale, pursuant to the State General ObligatIon Bond Low, of the bonds
authonzed hi! th,s part, the Housmg Committee IS hereby created For
purposes of ihts part. the Housmg Committee IS "the committee" as that
term IS used ITI the State General Obltgatlon Bond LoU' The committee
conStsts of the Controller, the Treasurer, the D,rector of Fmance, the
Director of the Department of Housmg and Commumty Development,
and the f[xecuttt."'€ Dtredor of the Califorma HOUSIng Fmance Agency,
or theIr deSignated representatll-'es A majonty of the committee may ad
for the commIttee
(b) For purposes of the State General Oblrgatlon Bond Law, the
Department of HouSllJ!{ and Commumty Det-'elopment IS deSIgnated oa
the 'hoard" f(>r programs adminIstered by the department and the
CalIfornIa lfousl7lg Finance Agency IS deSIgnated as the "board" for
programs IldmlRlstered by the agency
53173 The commIttee shall determme whether or not It IS necessary
or deslTable to Issue bonds authOrized pur.want to thIS part m order to
ca rry out the iJctlOns sp(Xtfied III Pa rt 8 (com mt!nClng lL'tth Secflon
531301 (JS added by Senate Bill \'0 1692 afthe 1987-88 Regular SesSIon,
and, If so, the amount of bonds to be ISsued and sold SuccesSIVE ISSUes
(if bonds may be autllOnud and sold to carry out th()5e acttons
pragresslrely, and I t IS not nece.ssary that all of the bonds authOrized to
be Issued he sold at iJny one hme
53174 There sholl he collected each year and m the same manner
and at the same time as other state r(!f;f?lIue IS collected, ITI addItIOn to
the ordmary revenues of the state, a sum It! an amount reqUired to pay
the pTlnclpal of.. and tIltcrest on, the bonds maturmj? each year, and It
IS the duty of all offtcerscharged by law IElth any duty III regard to the
collectIOn ~1 the reL'enue to do andf>erfoTtn each and er;-ery act whIch IS
necessary to collect that addltwna sum
53175 lliotwlthsta ndmg SectIOn 13340 of the GoL'l!rn men t Code,
there IS hereby appropTlated {rom the General Fund tIl the State
Treasury, far the purposes of t!lIS part, an amount that will equal the
total of tfie follolL'l7lg
(0) The sum annually necessary to pay the prinCIpal of, and I7lterest
on, bonds Issued and sold pursuant to thIS part, as the principal and
mterest become due and payable
(bl Thesum lLhlch IS necessary to carry out the prouStonsofSechon
53176. appropnate-d PJ,-'lthout relZard to fiscal years
53!i6 For the purposes of carryllJg out thIS part, the DIrector of
Finance may authOrize the WIthdrawal from the General Fund of an
a moun I or 0 mounts not to exceed the a mou n t of the unsold bonds wh,ch
hal'e beeT' authonzed to be sold for the purpose of carrying out thIS
part Any amounts wlthdTaum shall he deposltf!d m the fund Any
money made al:mlable under thiS section shall be returned to the
General Fund, plus Interest that the amounts u:ould haee earned m the
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Proposition 84: Text of Proposed Law
Contmued from page 29
Pooled .\toney In t:estment Accottrlt, from money recen."d from the sale
of bonds fiJr the purpose of carrYHl/? out tIns part
531765 The boa rd may request the Po(.led .\[oney ft. t'estmellt Boa rd
to make a loan fnm the Pooled \folley ftltestmellt Accr,u7It 111
accordance wIth Set lIOn /6312 of the Gm:eTTlIllf!1it (,,,de for puruuse, (lj
carr//lnl; out the prou5ums of thlf chapter The atnoulli oj thi' T"qUi'st
sha{[ not exceed tIlt' amoullt of unsold bonds u'hlch the committee haf
by resolutIOn authOrized to be sold for the purpose of carryrnf! out thH
chapter The board shall e-recute IInY documents u.Jl!ch arf? reqUIred by
the Pooled Money lrllestme1Jt BC'ard to obtaw and repay the loan Any
amounts lDaTli'd shall be deposIted In the fund to be alll'cated to the
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board ltl accordance Iuth thn chapter
5Jli7 All money deposIted 11/ the fund rchlCh IS derived from
premIUm and accrued mtere,t on bonds sold ~hal/ be resen;ed In the
p~nd and .hall be fl!'lIIlahle fOT tmn<fer to the (.enernl Fund as a credIt
t,> exp' ndltures for b"lld l7lti'rest
5.11,-8 The Legu/ature lineblf jll/dJ and d'-i lares tho' masmuch OS
tre proceeds from the sale of bonds allthoTl;:;nl by thH part are 1!ot
. proceeds of taus as that (PTIlI IS uspd HI A rtlcle \Ill B of the
Clhforllla C01lftltutlOtI the dlSbllrsement of these proceeds IS not
subject to the Junrtatlons Imposed by that artuJe "0-
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Housing and Homeless Bond Act of 1988
Argument in Favor of Proposition 84
Homelessness It's a Cahforma tragedy Over 100,000
CalIformans are homeless and the number grows dally
Who are thev~
Many are frad elderly, VIetnam veterans, famlhes wIth
small cluldren, smgle mothers, mentally Ill, dIsabled men
and women
They all have one thmg m common They can't find
affordable housmg
Anyone can end up wIthout shelter
Senous illness or mJury, low wages, a sudden layoff, a
house fue, mental Illness, loss of a spouse Any of these
can spell devastatlon for someone barely able to balance
the cost of food, clothmg, medIcal bIlls and shelter
The forecasts are unsetthng
Whue the holes m the safety net of low-mcorne housmg
are gettmg bIgger and homelessness grows, federal hous-
mg subsIdIes are endmg
Cahforma, the SIxth largest economIc power m the
world, has a severe shortage of affordable homes and
rental umts Homeless shelters throughout the state are
overcrowded and turmng people away
There IS somethmg we can do
Sunply stated, PropoSItIon 84 15 the most Important
achon to fIght homelessness m 10 years After a decade of
neglect, thIS responsIble and effechve measure can help
commumtIes and cItIzens groups solve local housmg
problems
TIus program WIll produce 33,000 new emergency
shelter beds, 22,000 rehablhtated resIdenhal hotel UnIts,
8,000 rental umts for low-mcorne tenants and 300 farm-
worker housmg umts
And PropOSItIon 84 contaIns prOVISIons for chIld care,
Job trammg and other support serVlces to help break the
cycle of homelessness and hopelessness
ThIS bond act WIll do a lot of good
For many m need of emergency shelter a bed m a
secure place and the ehance to stop the humIhatIon of
hvmg on the street, to seek out new or improved
employment
For the elderly the chance to live m an affordable
home or apartment WIthout fear of eVICtIon or premature
nursmg home mstItuhonahzatIon
For smgle parents and couples WIth children the
chance to leave a neIghbor's couch or the famIly car to
find decent housmg, c1uld care and Jobs
For the growmg number of homeless children the
chance to go to school regularly
For veterans the chance for Job training, affordable
rental housmg and the possiblhty of ownmg a home
PropOSItIon 84 IS the right thIng to do and the nght way
to do It
Help bnng the homeless mSlde Help restore theIr
sense of commumty and family Help break the cycle of
hopelessness that threatens so many Cahformans
Please vote "yes" on ProposIhon 84
DA VlD ROBERTI
State Senator, 23rd DJstnct
Senate PreSident pro Tempore
PETER T CHAC()~
Erecutwe DJrector, Vietnam Veteron.s ofCaIJfoTnIlJ
CARL JONES
lJJrector, Congreli3 of CaIJforma Semon, Inc.
Rebuttal to Argument in Favor of Proposition 84
If you vote for thIS measure you may temporanly feel
hke a nIce person, but don't thmk that you wIll solve the
problems of the poor or homeless Government efforts to
help the poor IneVItably produce the opposite result
Today's government-subsIdIzed housmg becomes tomor-
row's human-demorahzmg slum The proponents of thiS
measure hope to pull at your heartstnngs, but they do
not, and cannot, show you that government hOUSIng
subSidIes make any sIgmfICant dent m the problems of the
poor or homeless In fact, government housmg projects
tYPically destroy potentially repauable homes, and then
erect lllstant slums In theIr place
Studies have found that exclUSIOnary zonmg and oner-
ous bUlldmg codes and regulatIons add up to 25% to the
cost of new construction and can delay and even dIscour-
age new reSIdentIal bUIldmg These are the major causes
of housmg shortages, not a lack of government spendmg
In June of thIS year voters approved $17 BILLION m
bonds ThiS ballot proposes 83 3 bIlhon more-$5 billion
Just thIS year alone I At thIS rate, before these bonds are
paId off m 20 years, we WIll have a bonded mdebtedness
of Sloo BILLIG:;\! and annual payments of 89 BILLIO~, a
quarter of today's entIre state budget Pohbclans know
that voters don't want theIr taxes raised Thev have
chosen mstead to address genume humamtanan c~ncerns
by mortgagmg ours and our chIldren's future for pro.
grams whICh won't work to solve the problems which the
pohtIclans have created
VOTE ~O 0:\ 841
Jl.:NE R GE~IS
LJberlanan CandJdate for State Assembly, 20th DJStnct
~nCH-\EL TEJEDA
Busmessman
DAVID 1\1 GR-\PPO
Attorney
30 Arguments pnnted on thIS page are the opinIOns of the authors and have not been checked for accuracy by an~' offiCIal agenc)' G88
'->--
e
e
Housing and Homeless Bond Act of 1988
84
Argument Against Proposition 84
1
Pubhc housmg projects qwckly become the ughest,
worst mamtamed, and most bhghted part of any neIgh-
borhood m whlCh they are found England IS sellmg Its
pubhc housmg to the tenants, recogruzmg that pubhc
housmg prOjects are not only mefficIently managed by
government bureaucracIes but demorahzmg to the occu-
pants Those semor CItIzen housmg projects wlnch are
planned and operated by churches and other pnvate
orgamzatIons are more attractIve, more responSIve to the
needs of semor CItIzens, and less costly to operate A
Wlute House comrmSSlon, after studymg the problem of
housmg, recently urged the use of dIrect subslmes to
mmviduals for housmg rather than pourmg any more
money mto pubhc housmg projects
There are alternatIve solutIons to housing shortages.
One IS to stop the maSSIve influx of tllegalummgrants mto
CalIforma, competIng for low-cost housing WIth our CItI-
zens who have lIved, worked, and paId taxes m thiS
country all theIr hves
Another alternatIve IS to chop m half federal spendmg
on "defense," by pulling our troops out of Germany,
Japan, and Korea, our srnps out of the PerSIan Gulf, and all
the other spots m the world where we are trymg to
maIntam the roles of world pohceman and world banker
By abandorung our pohcles of worldWIde mterventIon
and the arms race m space we could balance the budget,
start paYIng off the natIOnal debt, and free up hundreds of
BILLIONS of dollars for construction and mortgage loans
Interest rates would drop back to where they were III the
'50s, at 4 % or 5% for mortgage loans The constructIon
mdustry would boom, proVIdmg Jobs and housmg for all
There IS no surplus m the state budget too year The
$27 MILLION needed to payoff these bonds will have to
come from a tax mcrease or a cut somewhere else m
future state budgets
Payments of pnnclpal and mterest on outstandmg
bonds totaled $515 MILLION In the 1987-88 budget
Bonds already authonzed but not yet sold will add $372
MILLION when sold The nme bond Issues on thIS ballot
would add $295 MILLION, for a total of $11 BILLION
each year On a pay-as-you-go basIS $11 BILLION would
finance all of the projects In the rune bond Issues, schools,
pnsons, hOUSIng, etc In only three years
Vote NO on the housmg bonds!
WILUAM McCORD
Rehred Stale Admmlstrator
Rebuttal to Argument Against Proposition 84
PropOSItIon 84 IS the nght thIng to do, and the nght way
to do It ~ir McCord's oppOSItIon suggests no solutIons It
IS also maccurate
ThIS bond act IS not a pubhc hOUSing program.
Churches and pnvate organIzatIons will be ehgIble to
budd, own and manage low-mcome housmg financed
under thIS bond act Pnvate and pubhc, nonprofit and
profit-motIvated sponsors Will all partIcipate m bUildIng
the hOUSing
Apartments bUIlt under the bond act wIll not be
managed by government bureaucracIes, but In most cases
WIll be run by pnvate management companIes
In addItIon to housmg and temporary shelters, thiS
bond act prOVides chIld care, Job trammg and other
support serVIces for famIhes and smgle parents ThIS
mnovatIve program IS supported by housmg experts as
the way to fight homelessness on a permanent rather than
"band aId" baSIS
Mr McCord's scare tacbcs are an attempt to cover the
truth ThiS bond act wIll help thousands of people at a
minImal cost to taxpayers The annual debt servIce will be
approXimately $1 per Califorman per year.
Support for ProposItIon 84 IS Widespread Nearly 100
publIc and pnvate orgamzabons throughout Cahforma
have Jomed the fight agaInst homelessness by supportIng
the Housmg and Homeless Bond Act They mclude the
Congress of Callforma Semors, the VIetnam Veterans of
CalIforma, the Cahforma Council of Churches, the Cali-
fornIa Homeless CoalItIon, the SalvatIon Army, JeWIsh
Famuy ServIces, Cathohc Charitles, and the League of
Women Voters of CallfomIa
Please Jom us In support of ProposIhon 84
PA1TI 'WHITNEY-WISE
DIrector, ColifornUJ CounCil oj Churches
DAVID P. RILEY
LIeutenant Colonel, the Salvahon Army
SHELLY HA!I;CE
CochaJrpeTSofl, CalljornUJ Hornelen Coollhon
CBB Arguments pnnted on thiS page are the opinIOns of the authors and have not been checked for accuracy by any offiCial agency 31
.
FIN: CMD: aksjsrprop71
council Meeting: May
.
,,- :r.
10, 1988
Santa Monica,
California
MAy 1 0 1988
/ [y; .~OCZ-
TO:
Mayor and City Council
.I :~
FROM: City Staff
SUBJECT: Motion Supporting and Endorsing State Proposition 71 on
the June, 1988 Ballot Concerning Modifying the state
and Local Government Spending Limitation (Gann Limit)
Introduction
This is to transmit for City council consideration a request by
Californians for Quality Government that the City of Santa Monica
support and endorse state Proposition 71 on the June 1988 ballot
concerning mOdifying the state and Local Government Spending
Limitation (Gann Limit).
Background
For well over a year, considerable public attention and concern
has been focused on Article XIII B of the State Constitution
which specifies certain spending limitations on State and local
government. Article XIII B of the State Constitution is commonly
known as the "Gann Limittt. This public attention has resulted
from the publication of reports by the commission on state
Finance, the League of California Cities, the California Tax
Foundation and a blue-ribbon panel of the state's business
leaders appointed by the Governor which examined the need for
revision of certain technical provisions in Article XIII B.
Additionally, public concern has resulted from the fact that the
state of California and many local governments have exceeded or
are very close to their Gann Limits.
Responding to these concerns, Californians for Quality Government
(representing a broad-based coalition of education, labor and
b-:c.
MAY 1 0 19&8
.
FIN:CMD:aksjsrprop71
Council Meeting: May 10, 1988
.
Santa Monica, California
public-interest organizations), has been successful in placing on
the June ballot Proposition 71, the "Government Spending
Limitation and Accountability Act". A copy of the language of
Proposition 71 is attached.
Key provisions of Proposition 71 are:
1. Proposition 71 would allow the cost of living factor used in
adjusting each jurisdiction's Gann Limit to be the greater of
the change in the California Consumer Price Index or the
change in California Per Capita Income. Currently, the
lesser of these measures is used.
This provision allows a jurisdiction's Gann Limit to reflect
increases in real economic growth rather than inflation
alone. As Article XIIIB is currently drafted, if inflation
is less than the growth in personal income, the limit may
only increase by the amount of inflation.
2. Proposition 71 would adjust the State's population to reflect
the rate of growth in the school population which exceeds the
rate of growth in overall state population. It also allows
local governments to take into account increases in the
daytime population of their communities as well as the number
of permanent residents (which is currently allowed) when they
calculate their Gann Limits.
This change would allow local governments a larger limit to
accommodate the costs of serving larger daytime, commuter
populations.
.
FIN:CMD:aksjsrprop71
Council Meeting: May 10, 1988
.
Santa Monica, California
3. Proposition 71 would allow the above specified changes in
calculating the cost of living and population growth
components of a Gann Limit to be applied to the 1986-87 and
the 1987-88 limits when the 1988-89 limit is calculated. The
actual limits for 1986-87 and 1987-88 won't be changed, but
the added growth that comes from the changes described in
Sections 1 and 2 will be built into the 1986-87 and 1987-88
bases and used in determining a jurisdiction's 1988-89 limit.
A preliminary estimate by the Legislative Analyst indicated
that the 1988-89 state limit would be about $700 million
greater with these changes than if the limit had been
calculated using current law.
It is not possible at this time to calculate the potential
impact of these changes on the Gann Limit for the City of
Santa Monica as th~ state has not yet released the currently
allowable growth factors for 1988-89. However, it is
anticipated that the City's 1988-89 Gann Limit would be
larger if Proposition 71 passes than if it were calculated
under the existing provisions of Article XIII B.
4. Proposition 71 defines taxes and fees imposed on motor
vehicles and motor vehicle fuels used for transportation-
related purposes as state user fees. Included in this
definition are motor vehicle gas taxes and registration fees.
The State's Gann Limit will be adjusted so that removal of
these revenues from the limit's base will not artificially
reduce the state's Gann Limit. This change paves the way for
.
FIN: CMD: aks/srprop71
Council Meeting: May 10, 1988
.
Santa Monica, California
an increase in the gas tax to fund transportation projects,
since the increase would not send the state over its limit.
5. Proposition 71 requires the commission on state Finance to
report to taxpayers how state revenues are spent.
proposition 71 has been supported and endorsed by the League of
California cities and various other organizations. A listing of
those organizations endorsing Proposition 71 is also attached.
Californians for Quality Government is requesting that cities
support and endorse Proposition 71.
Also appearing on the statewide ballot this June will be
Proposition 72, titled liThe Paul Gann Spending Limit Improvement
and Enforcement Act of 1988." proposition 72 does not address
the matter of revising the Gann Limit calculation procedure, and
therefore has no direct impact on local government. The
proponents of Proposition 72 have not requested that cities
endorse this measure.
Recommendation
It is recommended that the City Council consider a motion which
supports and endorses state Proposition 71 on the June 1988
ballot.
prepared by: Mike Dennis, Director of Finance
INITl-E MEASURE TO BE SUBMITTED OIREC.TO THE VOTERS
Thl Attaf'nlY Slntfll " Call1;:wr'hn Irt,er. UlI lollowl"l dUe end lummlfy II II. chiII' purpoat and polll1l " ltil IIropoud mlllurt
APPROPRIATIONS liMIT ADJUSTMENT. CONSTITUTIONAL AMENDMENT. Constllution limits lax revenues slate and
local governments annually appropriate for expenditure: allows "cost of living" and "population" changes. "Cost 01
living" defined as lesser 01 change In US Consumer Price Index or per capita personal Income, measure redefines
as gruler of change In California Consumer Price Index or per capita personal Income. "State population"
redefined. includes Increases In K.12 or community college average dally anendance greater than state population
growth. Local government "populatlon" redefined: Includes Increases In resldenls and persons employed. Specifies
molor vehicle and fuellaxes are fees not sublect to appropriations limit. Summary of esllmate by legislative Analyst
and Director of Finance of flscal impact on stale and local governments: The state's appropriations limit Is estimated
to increase by approximately $800 million In 1988-89 and by Increasing amounts thereafter Inde1erminable effect on
the appropriations limits o' other public anUlles. Cost of Commission on State Finance report required by this
measure would probably be less than S5OO,OOO annually.
...
TO T11IItO'f~L.1 .c.a-UIIlT Off lTAn Off CAU'0fIlHIA.
W. ,... u_.,;_ 1"'9-"''' en _ ..011 ,Ig.......s. QU"'_ -.<<.... 01 call_.... _.... 04'_ Ccuntr lor CItt _Cauntyl__ CI'I tI'le_.... _.... __ ...._ __..
10 '... eo.-..nu'_ ... C"""'''''' ,....,,;... "'"oe1. XIII-e ""'l*~_ ,.,. ~..., 01 ,... to ...~~ .... _ '0 ,... _"" 01 caI'_. For "'"", _ .... '..oct_ .. ..... "... ~"9 ~...
-.......... any _. 1I00_odt __ _ ~'0"'1. pr4<" __.... ~ ~ lIt'''' n.e...~ _ut_ __.,. ,_.. 001_
SECTION 1 Th.. alT'..-.:lm....1 thllll '- ~noo<t" "11'11 ~nmenl $p<<ld'ng
l,m,l",on 11'1(1 Aeeo"nll~lllty Act"
Sl:CTION 2 n..~. of 'I'll SI&11 01 C'h'ornlllind II'l<l Cl<<;lare that
[II A r1'on; and 1"K1IUI conltltullOl'lallom'tlhOl\ on pernm.". aper'lding
" f'<<:1IUII"y 10 ;Ylrll'l'N IC~OUI'II'bololy to I...p..,.... an<l'o<~' IN polltlCl_ 10
Ml pno<<\,. ano mlflaQ' our ,... dolt~ .1l1C1...11y
e21 Th. "1'1 Ifld loel' gOv...nmenl '0.""'1'1; hm"II,o" conll,nl<! ,n llIe
CI"'O"',I Col'lllllu 110/'1 II O<.ll 01 dill I"d "0 1000ger pro..'~ ,.."ay.... wrtt\ ...
eflKtI.-IOOI 'or conlrOIIt<><;l ~"""""I IPI"d."9
[31 Slnel "" Idoploon In ,g7g lilt curr"'l Itm,' hu rlJl~ 10 r."eeI \he many
C"I"O" ,I' C. hfO''''1 1 economy All 'Mutt Ilr.ldy-collllC'td '... '.....~ e..-
no. b4 uM<l 10 mllnll"., tt>t CU"tr.1 'eue! 01 lduUlIon C"~ "'......,1101'I publIC
N1'..r., ana othl<' v~a! llYt)I,c Mf"v.cea
(~I Th. e"'rtnl I,m" .Ise I'U 1IIIed to ,.nlCt .,.. C"";'''9 an<I govor'~
nft<ll 01 ClhrO'n'l l....p.y.rs W'th '00 ocrJ "" CI'IIIO'", """'1'; OU' 1C1'\OO!I
1..:11 yU' enrOllm"'ll If' 'I'IC'"I'"; mueh 'UtI( Ihan IN 0...."1 ;rr;tWl1'I ,n
l)OOul.t'o<1
j51 AOOp,>Qn 0111'1" acl w,lI no"ne'use Itlll 0< loeaJ ILl. 0< _..,.,
lu....,.. Prom n,.tl"9 p'O<iI'lm. I~'ud"'; educatIOn 1_ "'O<CI<1\enl "-1ItI ~
Iflll sen 10< M<"i'~
leI Cu"'''' 'IW 1$1"""9 IhI! l!'le slle'lt3,n9 1'11'I11 mty boI Cl'llfl~ only by I
vOlt of '1'11 ;loIOplt 'I "III"I<! 11"11 II !tI1 ..oIers clo ,.... I"" o.ptndl~ I.mot. lhaI
CI'IaI19" must tit YOl-.::l on "'t<y tou, ytlt'l -
(7) M \&:I< t...,." .... Il'\oulll b4 10111 !I'I. men...... .1'1 .IHel'l pttn.......1 II
IPI"Il'''9 O<.lr "ar~trntd 0<)11.... To guarlnt.. ace:ountlllofity '0 I"'~ ""-
....I.n; Comm.uron on SUit f,n...cell\all '100<1 It\tIuall'1 10 ~ hoof
11111 '......,u. I" IPI<"I and Ihl ImOUnl of lilt 11111 ll>I"OO"'IIIOM IUlIt<<:t 10
l,mll&1lQ1'1 SueI'1 rlPO"1J ~ be p<~artd at m'/\UNI COIl uI.1't "'rating ..,forme.
lIOn and ~ be ma1td 10 ''''~''' along wtth OU'* lU. rnformafOOl'
'I) T..." 1/'111 '- on moto< .."odt Iu... .... Q/1f"'IIy _marb4 fOf
I'I"lpol1.'lon lXlrpona and 1I'oDu~ tit IrMlId . uHf '- Th.. tc1 pt"QOI1I1y
1"111 Il'Itm .. u_ r_ ~DfICI 10 "'" I...p.tyer ll<DleellOlll prOV~ by ~
lion 13. ..ltnout ~ .n.ctI~ ou. publie ~
(0) AdjYSlrn<<ltt IIfI ~ 10 Updalll'" ..rat.ng lpendlng h mltll:lOI'IlO
,.lIect '''1 '"l g'O"If'l" O' CaI.fQmII t economy tnd lilt ~ olltt ClIll-. II>d
....blll..p.tyW1lo I'IOIcI ~"*" accou..utllt Po< IN litDC*' II'Ilor~ 01
"'" tcI.
SECTION 3. Ar'lIClI XIII", StdIOl'l Il'] 01 Iht c.l1'0f1I1t CotlMiIubon .
_Old 10 ru(l
S EC ~ II -co., etf 11u.~. II'IalI mMn lilt Contu""" Prie4 IndP for ""
..~ ro~........... _ ______... ..........._ J-'--____-"" ,.~....._ ""___~_~_. -.1..............-. ..
-...--- --.-.- - --....-.--- -, ...... -'-.'- ....-.- --...-.'................. ----- -
:'-::::~ - :c;:--:c, ~. :~_: '.:"c::-:: :::-::: ::;:c.:ccc..-:-_.: 5111. 01 CalIfcmo..
~'11d by 1". 0"""01\ 01 1.1\)0<' $t.tIIlIICl and R...r~1'I l)I' ~
~."o:y 0' lilt SIll. Of Cahlornl&. pr'ovoclt<l />001'..... 11'1&1 Per p~ etf
S.clIon I lilt c:Nl\9f In !hi tc* 0I11utng from tI'lt ~"9 ~ .nail '" no
_hi ::c:::= '- IItI Itlan IN Cl'lan9" In Call1ornll pal catHtA penonal
.ncome 100m .a.;, "'1aOd.ng y..-
SECTION . Art..:.. XIII" !<<lIOn 1(1} or I'" C."'om.a ~Ior'l .
amendtd 10 ,aad
SEC I{r) ~I.roon' oIl1"1...,lfIy 01 ~tmmenl 01'- "''" I SC"ool
c1illncl "'al1 \lot dtI..m""I1d by I "",hOd "',""!lecI by "'" ll9'lll1u'l
prov,(Jtd 11'1" IUCI'l ""...m,,,..on WI' lit ........, .. neo:eu.ary 10 '.f1K1
Ii'll C*ll)dIC eenaul COI'ld"c:1tC1 by 1I'It Unrll<! Stat. Otpan.mttll or Corn-
mll'ce Of IUCCft.IOf' tgtnCy of lilt UtHllO Slit. Go<.t<-nrnanl no.. PD'Oyla-
loon 01 any SCI'looI C1lStrl('! thaI! be ~cIl Id'Iool dlllnClI ......&9. dl.l.,.
atltnOtnce ... 011"'11'I1"" by . ""'hOd Vtt.enMll by II'It 1.19'lll1ur. In
addlllOf'l 'or,1It 1111. popu11l100"l l"llI .nCludlt any .ne,.es n In ......Ii.
d"'Y Itttndl.'1C1 rot lilt 1(-1201 commu",ty COli,?, ')'1'''''' w"'C" art ."
."cetl 01 11'I4 ptrctnl~' lIrltfl'll'l '1'1 1t11. pop"llllD'\ In 11'1I CIM 01 local
iOulrn....ntl 011'1.' 1"11'1 SChOoll I"Ch dl'.,m,nlloOn ,hl'l conl'OIl
,nc,_ In 11'1I I1umlltr 01 ~I emplOylQ' U will... <I$'dl"i WI,h," tnl
lurlldlClton -
SECTION S. Sec1lon 12 It ""tOy Iddtd 10 "'nl~" 11mB or !I'll Clllforn'l
COMtrlullOl'l
Sl:CT10N 12 ~Cornm..._ ()I'" SUit I F'''lf'et 11'1&11 'aport In''UII'y
10 rile ....p.yen now lIlt. .......u. IlCI1vld ",u"nll '''' P'ICId'''i frlC&l
Y'" ....lpI'1ll/'1d II'It amounl 0' I'" 11111 , approprlltlons ~btK1'O Ilm"1-
llOf'I unOtr I'" fl'Cl<<1S1OI'II or trld MIOt
SECTION S- s.ct1Ol1 13 " IItrItly ~ 10 ,I,n.cll XIIIS or \!'Ie C.llforn.1
ConaI"ullCll'l
SECTION 13 CPlanll"" to Stc:toon. t60f'1<!1l IN t,.... ""I NIC\'O<'I II
&clded 10 ll'la eor.lI,lullOI'I II'.IH bot COf'IO(lIrId IKecllul commtnCl"'i with
I,.,. tgee..a7 ~ac.aJ Y'" '0< f'Y'poNI of UIa,ISI''''i! t1'l4 lIflP'opnlll()n' 1""'" of
tiC" ....,.ty 01 ;O~I"'m"'l tor ttlt lie6-lIi 'I"KJII Y_I' 11'10 IIC" Y'"
~
SECTION 7 s.ct104'l" IS tltrtby Iddtd '0 Artlcll lllllB of Iht e.hlorh..
Con.t~ulron
Sl:CTlON l4 ill FOI purpoe. of 11'11 ArtlCl. 1&.1. and'- Impo$t'd on
motOl v.nlCl. and rnolo' YlhOClt I1.JIII 10 1I'It PI...,' ~ "1 approp"" to
lor It'Ie purpoua spoaohtd III Artlde XIX al\aJl be 0Mmtd _ ,_
Ibl CommencIng WIII'I "" tM&-st IISCII yll' lilt aopt'OprttllOl'll Iom,I
fOt Me 1'1 'ltell ytt, Il'Iall b4 rlduCICI by II'> tmo<Jnl eqUtl 10 '''' &mOull' 0'
r......U. *1l.eI'! but tor tuOcl'~1I1On (') ....OUlt3 tit CI"",hl<! II pr iXtId, o'
tu.
tel In computi~ Int tpptDP"tloonl Iim.1 10' lilt 1 te9o-gQ "1eI1 Y'"
IIIfJ IUCt;lNdlng IltetI yNl'l ~ 'PP'tlpf"'I,.onl l.m41 101 I'" 'mm.aI"lly
pno< fISCal Y_ 11'I&I1 be OII-""f1I(llo lit IN Itr'lQ\ml Of lilt appropt""ont
limit prlOf 10 !fit 'eouctoon """" In ~bd""'iOn IClI
ld) '01' purpotoll 01 "'" MC1101\ "rtuWI". ,"",I(;" but 10< lutId",'I'CII'I !I/
IIrOI.tId tit Cla>>lrted u prOCtlOl 0' 11.:I. 'ncluo. o<1'Y lhOW '.......... Wr" en
*oulll "..... bteI'I i",..llfCI ~ II~ In IIfItCl .. 1111 I,m. 11'1.' Stellon
tItc;Om. IIftc1""
SECTION I. II an.,. MCtiOn Ilar1 cl..... Of p",_ In Ill.. An,el. " '0< Iny
'.aon ~d ,nuahel 0< unconlt~ufID",1 1""........''''''9 potIl()n' 01 If'" Art'CII '''III
not \lot I"ectad but .11111 rlm..n .1'1 IulllO<et II'\CI eftlCl
.
~"L-JFOI<NIA:JS tul
OlJALIT'i GG'JER.....l~.
E4DO~5EME~T LISTING d$ of
0'),16;(38
StllLe>J'ue O. ga'';''lltiu"s
AJ,"';L>lV C...mIJlJ,;sILln 01\ Spe~Icll EducatiCln
Al lldnce of Trades ctl,d Mdlntenance
Amerl~an A,;so8I~Lion of University UOmen
Amc'llean Ass-oclalion ot Retired Persons - CA
An"?l iean Federatiun of Stolte County. ,. MunIcipal Employees
As.." to. tt.e Improvement ot Secondary Education
Ass" ot CA State AttClrneys anJ AdmIn.lstrative I..aw Jud"es
Assn at MOLor Cdlrier Operations Specialisti
A5~n ot Munlcip~l Court Clerks
Ass" of Spe8ial Agents-DOJ
ASSClciated CA Heed tlo Ce.'Lers. Inc /Primarv Care ClinIcs
A,;sociated General Contractors at California
Assuclation or CA Urban School Dis.tricts
AssocIation of Calltornla School AdmInistrators
Association of California Community College Admins.
Association of Conservation Employees
ASSClClatlon of Holor Vehicle Investi8alors of CA
Black AmerIcan Political AssociatIon of California
CA A~sn ot Health Svcs. al Home
CA A,sn of Psychiatric Technicians
CA A~sn of Public Hospitals
CA Ass" of Regional Occupational Cntrs. ~ Programs
CA Assn. of Regulatolv Investigators and Inspectors
CA Ass" at School Business OffJcers
CA AssoclatLQn of County Veterans Service Oftlcers
CA Ass.ociation of Vocational Administrators
CA Catholic Conference of Bishops
CA Ccunty Librarians Assn.
CA District Attorneys Association
CalifornIa Assn for the EducatIon of YounS Children
CalIfornIa A5~ociatJon tor Counseling and Development
California Association for Alcohol/Drug Educatvfs
Callfo.nia Association of Interns and Residents
California Association ct Professional Scientists
Cali'c,nIa Association or Homes for the Agin~
CalifornIa Association of Highway Patrolm~n
Calito,nia ASSOCiatIon of County Data Processors
Caltfernla ASSOCiation of Special Investigators
.Californla As~ocialion of Hospitals and Health Systems
Calitornia ASSOCiation of Area Agencies on Aging
CaliJornia ASSOCiation of Food and Drug Officials
CalIfornia Coalit,on of Law Enforcement Assn.
CalIfornia Commission on Aging
California Common Cause
Calitornia Community College Trustees
CalIfornia Correctlo~al Peace Officers ~s$oclation
Callforn!a Council of Churches
CallfDrnia Democralic Parly
California Dental AssociatLon
California Deparlment of Forestrv Employees ~ssoclation
California Faculty AssocIation
California Federation of Teachers
California File Chiefs Association
California Lndependent Public Employees Legislative Council
Cal.tornia Labor Federation, AFL-CIO
CaLi!onda League ot :Oenior Citizens
Calitornia Medical Transportation Association
CallCornia MedIcal Association
Calltornia Mo~ement for Educational Reform
California NOIJ
Calltornl.. Nu,se. Assoc!ation
California Peace Officers Association
.California Pharmacists Association
California Police Chiefs Association
Calitolnia Probation, Parole. and Correctional AssocIation
California Public Defenders Association
CalLforn!a Retired Teachers Association
'.
,~ .
-. -
,
I~"
"
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?
.
.
P3.,e
CALI~OPN1^NS 10' QUALITY GOVERN~ENT
EIJD:JKSEr1E1JT LIST r t.JG ..s 0 t
OJ/I0/88
Stc<te",.,j8 0, ganlz..tiun:;. I COllt,)
Gal lfQrnia School Boards Association
C~I.rQ,nla School ~mpl~Yees AssociatIon
Cidil Q"d a Schol;PJ FaDel Service Associa lion
C~lllvrnIa Senll;P':> Coalition
C"II (\Jrni.. Spet-ial OIstllcls "ssoclatlon
California Speech - Language - HearIng Association
California State Board of Education
Cali(OInl.. Stale Curon@["s Association
C..llfo,nla Slale Count-il of Service Employees
Califolnla Slate Employees Association
Cal,folnla State Fir~mvn's "ssQciallOn
Cal!fulnla State PTA
California Stale SheriffS Association
CalIfornIa Tax Reform Assoclatlon
Ca II fornu. Teachers Association
Callfurnia Tldnslt League
CdlIfornla Union of Safety Emplovees
C...llfolnlalls for- Bette. Transportation
CatholIC CharitIes of CA
Chan<..elJor's Advjllory Cornte on Child Dev.. lostr.. &. Svcs
Chief Probation Officers of Californ(a
CitIZens for Edu~atian
COlll!re5S of Callf'.Jrnli~ Seniors
-GcUrleIJ of U C Fa.:-ultv ASSOCIations
County AdmInistrative Officers Association of C~I Itornla
Cuunty Alcoh::>J ProlJram Adminilltrlltul5 Assn. of CA
COU~LY Clerks ASSOCIatIon of CalifornIa
County Engineers Assoc of CA
County Pdrk and ;.e<......atioll Directors ASSOCld.ti<ln
Courll~ P""sonn",l Admlo1stlators Assoc. of GA
COU'lty Recorders' Association of Cai 1(oroi..
COUlltv SupeIvlsors Assn. of California
Educcd.Iorlc<l Gongres,; uf Calirornia
Fa...ultv A:;.sociation of Califorl'd... Communltv Colleges
FIre DIstrict:;. Association of California
Fire ~drshdls ama Emer~ency Services Asscciatton
He...lth Access CoalItion of California
HospItal Folice A9sn of CA
Judges. Marshals & Constables ASSOCIation of CalifornIa
League of Callfo.nia Cities
League of ~omen Voters of California
Luth~ran Office of Govelnment Ministry - California
Kexi<..an-Arnerican Polilical Associallon
N~tIonal Association of Socl.1 Wor-kers - Callfor-nia Chapter
*NatIonal Lawyers GUIld Economic Rights Task Force
Peace Officers Research Association of California
Peeple for the American Way
Ptlarllfaceutical Manufacturers AssociatIon
Planning and Conservation Lea~ue of California
ProfeSSIonal Engineer~ of Cal~folni& Government
Retiled Chapter - ell. COlrect. Peace Officers Assn.
Retiled Public EmplOYees Association of California
Small School Districts' A!lIsoclation
-Society tor Public Health Education
State ASSOCIation of County ~uditors
StaLe Employed FI.e Fighters Association
State-Employed Physicians Association
Supellntendent of PubJ 10 I nstructlon Bill Honig
Toxi~s Coordinating Prol~ct
.
Organizations
,
-Ar-e. 4 Agency on A~lng Advlsory Council
AutomobIle Club ot Southern California
Cerlt.al COast Commission fOr Senior Citizens
COrlgress of California Seniors. Region IV - A
.PublIc Employees Union. Local One
Southern CA Transportation "ction Committee
Stanislaus ~ Tuolumne Cntles. Cntrl Labol Councll-^f~-C[O
Regiona.l
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Local Or,anl%ltlonl
A.:IIIIICUy Cn.:1. of th. Cntrl. Clt. CommlSI. tOt Sr. CItlz.nl
Affiliated Coa$lttee. on Allnl of L~I Anlel.. C~unty
Ala~.da Htalth Conl~rtlum
Atea I . A..ncy on Allnl Board ot Dlr.ctor.
-A. In. at Ci~vlrnt'l COIII1I1..lons and Cncl.. ~n "'I!:lnl In L.A.
AIsoclat1on for LOI Anl.l.. O.puty Shlrl'f.
B~rklIIY Gray Panther.
Chllde.r. Re.ourcl Servlc.
0.1 Norte C~unty L~na Terlll Car. Talk Foree
Humboldt Oil Nort. Senior LIIIII.tlvl Action C~~ncll
Kern Cltt%ln for Eff.ctlv. Local Governlllnt
1.. A. CO. Aria AClney on A,lncy Adv Ilory Co~ncl I
L.A. Co. Flderation of COlllllunlty C~ordlnatlnl Cnel.
LOI Anlelll AIDS HospIce Co.mllt.,
1.~s An,llel Health Aece.. Coalltl~n
Los Anl'IIS Hom.II., H..lth Car. Pro'.~t
Older WOllin's L.aaue
Oran,1 County Empl~Y'I. A..oelatlon
Oxnard Place Officers A.soelatlon
Public Emp. ASln of Rlv.rSldl County, Inc:
SEIU Local 535-Alllr101n Federallon of NUll..
San Slrnardlno ~ Rlalto Flte FI.htet.. Local eg
Santa Barbara County E_pIOYI., A..n.
-Santa Cruz County Senior. CouncIl
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Unltld i.aeh.r. 1.os Anj.I~1
w~st~h~~t.r/LAX Ch._b.r of CQmm~r.:e
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CounCil Meetin~5/26/87
sa~ Monica, California
to-T
MAY 2 6 1981
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TO: Mayor and City council
FROM: City staff
SUBJECT: Recommendation to Oppose AB2626, Which Requires Public
Transit Operators to Bid Three Percent of Existing
Services Annually to Private Transit Contractors
Introduction
This report provides Council with information _ on Assembly Bill
2626 and the potential impact of this bill's passage on the
Municipal Bus Lines. It is recommended that Council take a firm
position to oppose AB2626 based on its requirement that public
transit operators competitively bid at least three percent of
their existing service to private transit providers each year.
Backqround
The Santa Monica Municipal Bus Lines has prepared a Private
Sector Involvement Program in response to recent federal
guidelines on private sector participation.
The regulations
instituted by the Urban Mass Transportation Administration (~ITA)
mandate that public transit operators adopt a local process for
inVOlving private enterprise in the development of public transit
plans and programs which must address the following elements:
~=r
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TD:J~H:SG:jw _
:Council Meeting. 5/26/87
saAll Monica, California
1. Notification and early consultation with the private sector
in the development of plans for new and restructured
service;
2. A periodic review, at least every three years, of existing
service to identity any potential opportunities tor more
efficient operation by the private sector;
3. Identification of how new or restructured services will be
analyzed to determine private sector opportunities:
4. A description of how cost will be used in the pUblic/private
decision: and
5. A process for fairly handling complaints from the private
sector.
The Municipal Bus Lines' program was adopted by the City council
on February 24, 1987, as a component of the FY1988-90 Short Range
Transit Plan.
AB2626 would mandate that the Municipal Bus Lines, in addition to
meeting the new federal requirements, also identify and offer for
bidding to private contractors at least three percent of its
service each year. In addition to carving out portions of the
existing service, AB2626 would mandate that any new or
restructured service automatically be placed out to bid.
The provisions of AB2626 would require a substantial amount of
effort and expense each year, even if private operators were not
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TD:JFH:SG:jw e
Council Meeting: 5/26/87
sa~ Monica, California
interested in bidding on the service.
Failure, however, to go
through this annual exercise would result in the loss of
Transportation
Development
Act
funding,
which
provides
approximately eight million dollars in revenues to the Municipal
Bus Lines each year.
Recommendation
It is recommended that the city council oppose AB2626 for the
following primary reasons:
1. The decision to contract out public transit services should
remain with local policymakers, based on locally established
policies and objectives;
2. The bill establishes an annual quota for the amount of
service that must be bid each year. Again, the level of
private sector involvement is best determined locally. The
process of annually segmenting portions of the Big Blue Bus
system is not only onerous, but could create a chaotic
situation for the riding public, as well as current and
future employees; and
3. Regulations currently exist at the federal level to involve
the private sector in the development of mass transportation
programs.
When UMTA attempted to similarly implement a
quota for a specific level of private sector participation,
Congress intervened and prohibited this action through
Congressional mandate.
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TD:JFH:SG:jw ...
council Meeting: ~26/87
sant~onica, California
The impacts of AB2626 would negatively affect the efforts of the
City of Santa Monica to provide an effective, cohesive transit
system. It would also restrict the authority of the city Council
to decide how service to the residents of our area may best be
offered.
Prepared by: J. F. Hutchison, Director of Transportation
s. Griffin, Senior Administrative Analyst
Late Note: On May 20, 1987, AB2626 was heard before the Assembly
Ways and Means Committee. By an 11-8 vote, the bill was "sent to
suspensen~ however, the City's lobbyist recommends that the city
still take a position in the event that the issue is revived at a
later date.
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since the attached April 21, 1987 version of AB2626 was printed,
the following amendments have been made.
1. Operations with less than 100 buses would be exempt.
2. If employee attrition does not allow an amount of service
equivalent to 3%, without having to layoff drivers or
mechanics, the requirement would be reduced until it reached
the rate of attrition.
3. Every operator that already competitively bids service will
receive a credit. That operator will not be required to bid
further service until that credit is exhausted, based on 3%
of service per year.
4. The use of transportation zones, provided the service is
competitively bid, will constitute a credit for the operator
that serviced those routes immediately prior to the
establishment of the zone.
None of the above amendments is of particular assistance to Santa
Monica which has 145 bUses. The exemption for fleets of 100
buses or less will, however, reduce opposition to the Bill from
approximately twenty communities throughout the State.
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AMENDED IN ASSE~lBLY APRIL 21, 1987 7
CALIFOn'lIA LECISLATunr:.-1987-<'38 REGUL/\R SESSIO;\;
ASSElvIBL Y BILL
No. 2626
Introduced by Assembly J\:fember Duplissea
(Principal coauthor Senator Kopp)
(Coauthors: Assembly Members BakeT, BTudley, Hansen,
Harvey, and Longshore)
. ~
March 6, 1987
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An act to add Article 9 (commencmg wIth Section 99420)
to Chapter 4 of Part 11 of DivisIon 10 of the PublIc UtIlities
Code, relating to tranSIt.
LEGISLATIVE COU]\;SEL'S DIGEST
AB 2626, as amended, Duplissea. Transit operators:
bIddmg out serVIce.
(1) Existing law does not require transit operators, as
defined, which receive state fundmg, to bId out a fixed
percentage of their serVIce.
This bIll would enact the Public Transportation
Competitiveness Act of 1987 to require every operator, with
specIfied exemptions, receIvmg funds pursuant to the
MIlls-Alquist-Deddeh Act to annually bId out at least 3% ~ or
8.7% over 8 3-year penod lf operatmg fewer tl18Il 100 buses,
DE its fixed-route bus service based on the aUlluahzed average
weekday vehicle miles traveled. Operators with fewer than
100 buses would be authorized to meet thIS requirement over
a 3-year period, as specifIed. Since operators include local
agencIes, the imposition of these reqUirements would impose
a state-mandated local program
The bIll would authorize pubhc operators, including the
operator sendmg out the bId request, to bId on the service
Tile bIll a'ould llnpose a state-mandClted local program by
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AB 2626
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reqUinng COUl1ty transpOrtabon commiSSions and I
lr;UlSfJOrtatlOn pl;Umlng agCncic., to annUally ce.rtify
operators' campliance 'Vlth the hiddmg reqUirement, and
would require the Cabfomia 7'rallSfJOrtabon CommIsSIOn to
annUally transmIt to the Legislature a stalus refJOrt On
implemcntation of the blddmg I eQuuemel1t
The bIll '!'Quid reql11re the Controller to det<-rmlne (" '\
compliance WI/h ti'e bIlls reqlIiremeJ1fs Ihrough a POstaudit '..
process, and to chrect loc.7J transPorf.7f10I1 ag<-ncles to
WIthhold fimding to opcl"fors not in complIance.
Th" bl/1 WOuld make relaled "hm'f!es.
(2) TIle CaMor"'a ConstItution requircs tbe state to
reim!,urse local agenCIes aud scbool d.stncts for certaill costs
mandated by the stale. Statutory prOVISions estabUs1,
proccdures for makiUg tbat reimbursement, induding the
CreatlOn of a Statc Mandates Claims Fund to Pay tb<- COsts of
mandates wluch do not eXceed $500,000 stateWJde and oll'er
procedures for dOl"'s WllOS(! statewlde costs excced $500 000.
nus bill Would provid<- tbat, if the CommiSSion On State
Mandates determines tbat this bill contains COsts maudated by
the state, reimbursement [or tbose costs shall be made 0
pursuant to tbose statutory procedures and, if the stateWide
Cost does not eXceed $500,000, sball be made from the State
Mandates Claims FUnd.
Vote m,,;ority. Appropriatiou; no. Fiscal Committee; Yes. ''1
State-mandated local program Yes. (;,
The people of the Stal" of Califorl1Ja do enact as JOllows.
1 SECTfOl, 1. The L"gisJature heroby Bnds .7nd
2 dC('l.7res all of th" followmg; ,
:3 (aJ Public transportation COSts in California hal'O been
4 rWl1g m e'''cess ohnflation. .
5 (b) PUMc """SfJOI/all0J1 sen'lCe should he Prol'ided
6 at tbe lOwest POSsIble COst to ma.l'1mlze the serl'ice
7 prO',ded with thc fundmg avaIlable
8 (c) . P11\'at" tr,?nsPOn,'bon pro.,ders ha"e been
9 effcct1l'f>Jy used under COIl1pebbve COntracts to pro~lde
10 publIc t"'lJSPort"lton sen'Iees at 101~er casts, ;Illd lVl/h
11 lower a1mua! Cost mcrease$.
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AB 2626
I (d) Desplte the cost effectIveness ofprivate providers,
2 publ1c transportatlOn operators ha ve failed to
3 competitively contract an)' slgmfi.cant amounts of
4 fixed-route bus serVlce
5 (e) DecIsions on wllether a public transportation
6 serFlCe should be operated by a publ1c agency or a
7 private company should be made 011 economIC
8 consideratlOns, rather than on instItutlOI1al
9 COIlslderations
10 (f) Obta1111l1g cost-competlth"e pubhc transportation
11 sen'ices reqUires the establIshment of a systematic
12 mechamsm for competitIve contracting
13 (g) Facihtles and velllcles purchased for pubhc
14 transportation sen.'lce are pubhc assets ldllch are lJeld in
15 publIC trust by publIc transportatlOn operatol s, county
16 transportatIOn commisslOlls, aJld transportatlOll plannmg
17 agencies.
18 (h) Contractmg for serVIces shall not result in the
19 displacement of any drivers or mechamcs employed by
20 the contracting operator on December 31, 1987.
21 - SEe 2. ArtIcle 9 (commencing WIth SectlOn 99420)
22 is added to Chapter 4 of Part 11 of DivlSlon 10 of the
23 Public UtihtIes Code, to read
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
ArtIcle 9
Competitive Blddll1g
99420. TillS artJcle shall be known and may be cited as
tile PublIc Transportation Competitiveness Act of 1987.
99421 On an annual baSIS, every operator receiving
funds pursuant to thIS chapter shall competitIvely bid at
least 3 pel cent of its fixed-route bus serVIce. ThIS
requil ement shall be met only by the competitive
bIdding of exislll1g fIxed~route bus services winch have
not prevlOusly been competitively bid. The annual
minnIlum competitive contractmg pCIcentage shan be
based upon the annualized average weekday, excludll1g
holIdays, vehIcle mIles for calendar year 1987, adjusted
for those fIxed-route tranSIt serVices wInch have become
competltIve SlIlce December 31. 1987.
99-'t21
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AB 2626
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1 99422 An operator with a fleet of fewer than 100 I
.2 buses may meet the reqUlrements of SectlOn 99<100 99421
3 trienmally rather than annually Such an operator i5
4 i"':'1~i;:(!d re s11a11 competltively bId at least 87 percent of
5 its fixed-route bus serVIce every three years. An operator
6 whic11 operates not more than 10 buses s11ali be exempt
7 from tile reqUlrements of SectlOll 99421 '.
8 Operators which are competItively contractmg out I '"
9 their entire serVIces need not comply wlth SectIOn 99421
10 so long as they conti11Ue to renew thelr competItn'e
11 operatIOns at least ev'ery three years
12 gg:t~
13 99423 The competitive procurement of public
14 transportation serVIce reqUIred m SectIOns oo:!OO 99421
15 and 99112J. 99422 shall not result m the layoff of any bus
16 dnver or mechamc in the employ of an operator .on
17 December 31,1988 1987. TiBs sectIOn does not preclude
18 a reduction in workforce warranted by tile operator due
19 to economIC conditions or service reductions
20 An operator subject to SectIOn 99421 shall hal'e one ( ~
21 year, and an operator subject to SectIOn 99422 shall have ..~/
22 three years, to fully comply with the 3 percent or 8.7
23 percent requirement of the applicable section If
24 employee attrition does not allow an amount of service
25 equivalent to 3 percent or 87 percent, respectIvely, to be (-"
26 competitIvely bId without the layoff of drivers or-t:J
27 mechanics employed on December 31, 1987, the
28 requirements of SectIOn 99421 or 99422, as the case may
29 be, shall be reduced by only all amount necessary so :lS
30 not to require the layoff of any dnver or mechanic
31 employed by tIle operator as of December 31, 1987.
32 99.!J.~
33 99424. A publIc operator, mcludmg a public operator
34 lssumg the competitive procurement, may bld on all or ()
35 part of the annual competitive biddmg reqUIrement, or
36 any routme rebidding, and be awarded any such serVIce,
37 subject to the followmg condItIOns'
38 (a) That Its bId pnce for the service be not less than
39 Its fully allocated cost for that serVIce After the
40 commISSIOn has adopted gUIdelInes for fully allocated
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1 route costing, the bId pI ice shall be not less than tht
2 amount whIch IS calculated consIstent with thos(
3 gUldeImes.
4 (b) That It shall make or be bound by no contract
5 agreement, or assurance whIch creates or extends an'
6 form of obligation for contmued employment 0
7 employee compensation, except for pension, beyond tht
8 eXpIratIOn date of the competItIvely procured service
9 For the purposes of thIs sectIOn, services competitivel:
10 awarded to an operator are consIdered to have beel
11 competitIvely procured
12 (c) That It shall be bound by the same terms ane
13 conditIOns as would have applIed to a privatE
14 transportatIOn provider awarded the contract.
15 99~g<l~
16 99425. All new fixed-route bus service and aI:
17 sigmficantly mcreased fIxed.route bus service shall hE
18 competitively procured.
19 994~
20 99426 Any fixed-route bus services operated under
21 competItlVe procurement on January 1, 1988, or
22 thereafter shall be routinely competItIvely bid at least
23 every five years. In no case shall a serVIce whlCh has been
24 competitively operated on January 1, 1988, or thereafter.
25 revert to noncompebtIVe operation. Renewal options
26 which extend a contract beyond fIve years shall be
27 prohibIted
28 99l{~
29 99427. SerVIce on whIch competitIve proposals or bIds
30 are solIcIted shall be awarded to the lowest responsIble
31 and responsIve bidder. The procunng operator may
32 establish reasonable standards for qualifYlllg or rating
33 bids and proposals, mcludmg standards relative to service
34 quality, safety, Insurance, safety record, and fmancIal
35 abIlity of potentIal service providers, and other issues
36 essentIal to the publIc welfare
37 99:t2f- Opc::-~tQr!l
38 99428 Opel a tors, county transportatlOn commisslO11s,
39 and transportatIOn pJal1111l1g agencles may not establish
40 any standards relJ.tmg to the wages, benefIts, or
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1 organization or lack of orgamzahon of contractor ,
2 employees. All contractors shall comply WIth and gIve
3 adequate certification of complIance with all applicable
4 federal and state labor laws.
5 n(n, ("I 0 'T'_~.~_~~_I-^I-:__ c~-_:~~.~~n n.~..l ___:_..,,1
t1:1":lZ::O- .&..&. LA.L..L...Jt'"V.I. L-L4L-........,...... v...............I..L...u..J...u......~ u......I.'\".ol .L "-'"6.1.-"";.L-Io,""'"
6 99429. (a) County transportatlOn commISSIOns and
7 transportatIon plannmg agencies shall certify as a part of
8 the annual transportatIOn Improvement plan element
9 and ;hGrt r~~6c sJ1Ort-range transit plans that each
10 operator has comphed WIth these competItIve bidding
II requ'rements l\.f~ nl-nl-~ r.._..l:~~ n1-.nll 1...._ ----hdcd I-~ ~_..
1 :- '1:......., ..J LU.......... .... L,.I..i.l..........I..L...o .}........{..L...-I, "t:tt:: pO&'">oJ.-.1. 1:"'0' LL.l..I.}
12 ~~--ator .._1___ tho ~~~~.nn:~.~ han C_.._..l .1- I-~ 1__ ~ c..n
Vp'-'..1. 1o,A.....l.........""o.J ....'\J,l...1.1.....I..1...}.J-4v....1. oJ .l.V"-4.L.1Lo1. rr "t1:1 "t::t'e .11..1: 1'ttt1
13 ~~__l.n_~~ ......1-. ..1-.__~ _~~"'___~~"n and shall subnll't
.......V.l..l..Lp.l.LU""....l,..\..o ')')" .I.L.l...L "'..........,.}....... .. \wr'\.f .........&. ""'....\o........l..6.L,.J
14 that certificatlOll to the commlSSlOn by July 1 of each year,
15 The commission shall prepare an annual status report on
16 the implemel1tatioll of these competItive biddmg
17 reqUIrements, based on the certIficatlOll illform~ltlOll, and
18 transmIt that report to the Legislature by October 1 of
19 each year.
20 (b) Comphance with this artIcle shall be determined
21 by the Controller through the postaudlt process
22 preSCribed by Section 99245, IE tllOse audIts disclose tJ1.1t
23 an operator bas not complied tnth the reqUlrements of
24 this artIcle, the COIl troller shall direct the appropnate
25 county transportation comnlJssiOll or transportation
26 plannmg agency to withhold the fundmg otberwise
27 aVaJlable to that operator pursuant to ArtlCle 3
28 (commencmg WIth SectlOn99231) untIl that operator h:lS
2.9 dernOJlstr.lted compliance \VIti) thIS artlcle
30 99429
31 99430
32
33
34
35
36
37
38
39
40
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ByJuly 1 1988 tIle ~~-~.~~:~.~ ' ~~n~..IL,",
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n..~1-. ~nl~l:... epel'atel'9-= "~^nn-~l t d.~n ~~.~~.~~ ~ ~~
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~_~...rl__ l-~n,l~ C"-~"Pl' rl~..ll nnl~l.~l... ~..:r1~l:,,_~ L__ 1'..11..
p.... \.J r.l~ L.I. C.-"'\.4~ 6'" v 1..... ..J, ..,.1 ,u.~J. pt-LI.J........J.l.l. &U,.I.1..-..l."..-'r.......l..........J f't't"" ... ~......)-
department shall develop 111ld Iecommel1d to the
commlSSIOll gl11delmes [01 Fully allocated route costmg.
These gmclelmes shall reqmre that each pubhc
transportatIOn route carrv Its full cost burden, both
operatmg and capItal, reflectmg the full difference m
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1 labor and eqUlpment costs, and shall not permit the u,
2 of systemw.de aVerage costs or any cross-subsidization (
3 the route by other routes Or servIce, in the cost analysi
4 99~;G-
5 99431. Tile planning of all maintenace facihtie.
6 operalions facII'hes, anclgarages shallmclude a thorougl
7 revIew of C'Ompehtive alternahves available fOI
8 dc\'elopment, managcment, and operatIons for theSf
9 fac. 0 ties. The planning process shall include private
10 tranSportahon providers, and any applicahon for fundin.
11 aSSIstance shall include a full description of the
12 alternatives reviewed
13 99-la-h
14 99432. No puhl,c transportabon vehicle.
15 mamtenance, Or operatmg facihty purchased or leased
16 wttft - ."""l.ne" after January 1, 1988,. shall be
17 encumbered by any contract, agreement, Or assurance
18 which limits Jts use by private transportatzon Operators,
19 providing puhlic transportahon service under conlract,
20 subject to the policy control of the Operator.
21 994aB, 'fT11nsp.J t.tiol1 camm","",," 81ffl reg;""al
22 99433. County transportatIOn Commissions and
23 transportation p1llnnmg agcncies shall develop a private
24 enterprise partieipallon process Ihat mcludes all of the
25 follO\,ving elements.
26 (a) Notice to and early consultatIOn with private
27 prov.ders in pbns involvmg new or rcstructured service,
28 as well as lhe periodic reexamination of existmg service.
29 (b) PellOdlC examination, at lellst every three years,
30 and COvermg alleast 25 percent of fIXed-reute bus serviec
31 each year, of each route 10 deternune If it could more
32 effJclently be operated by a pnvate operator under a
33 competItive contract.
34 (c) Descnptiol1 of how new and restructured serv'ce,
35 wdl be evaluated to determine if they could be more
36 efl.c1ently Pro\'lded by a pnvale operator under a
37 CompetItIve contract.
38 (d) A method for recen'mg and considenng proposals
39 from PrIvate transportatJOn pro\"iders.
40 (e) A dlSPll!e resoJullon process wlllch affords all
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GS:SES:JM:mh
Council Meeting: 04/28/87
/,-k.
APR 28 1987
Santa Monica, California
.:.
..
/00 ---00 Z
TO:
Mayor and City Council
FROM:
city staff
SUBJECT:
Recommendation to
Assembly Bill 639,
Bond Act of 1988
Adopt Resolution in Support of
the Coastal Resources Conservation
Introduction
This report requests that Council adopt the attached resolution
in support of Assembly Bill 639 (AB 639), the Coastal Resources
Conservation Bond Act of 1988.
Discussion
The State Legislature established the State Coastal Conservancy
to carry out programs which protect, enhance, and restore
resources within the state's waterfront areas.
The primary
source of funding to the Conservancy has been through the
issuance and sale of state bonds. The city of Santa Monica has
previously applied for and received funds from the state Coastal
Conservancy under the 1980 and 1984 Parkland Bond Acts. The
Carousel Park was designed and constructed in part with a $1
million no interest loan from the Conservancy.
The special
events tent was purchased with a $27,000 grant. The Conservancy
has committed another $1 million loan for the reconstruction of
the Santa Monica Pier. As the City continues to implement the
restoration program for the Pier, the Conservancy will remain a
strong supporter and a potential funding source.
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APR 2 8 1987
AB 639 provides for sUbmission of the Coastal Resources
Conservation Bond Act of 1988 to the voters at the next statewide
election. If the act is adopted, it would authorize the issuance
of State General obligation Bonds in the amount of $200,000,000.
This new source of funding is critical to the ability of the
state Coastal Conservancy to continue its coastal resources
programs.
BUdget/Fiscal Impact
The recommended action has no budget or fiscal impact.
Recommendation
staff respectfully recommends that Council adopt the attached
resolution in support of Assembly Bill 639, the Coastal Resources
Conservation Bond Act of 1988.
Prepared by: stan Scholl, Director of General services
Judith Meister, pier Manager
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RESOLUTION NUMBER 7416 (CCS)
(City council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA IN SUPPORT OF ASSEMBLY BILL
639, THE COASTAL RESOURCES CONSERVATION BOND
ACT OF 1988
w~EREAS, the City of Santa Monica has received funding
from the State Coastal Conservancy under the 1980 and 1984
Pa~klands Bond Acts: and
WHEREAS, the City of Santa Monica has applied such
fundir:g to tee development and implementation of a program of
restoration for the Santa Monica Pier; and
WdEREAS, the city of Santa Monica and the State Coastal
Conservancy have expressed a commitment to continue the pier
restoratlon program; and
w~EREAS, the State Legislature is considering Assembly
Bill 639 I the Coastal Resources Conservation Bond Act of 1988,
for the purposes of financing a coastal resources conservation
program under the State Coastal Conservancy,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of Santa Monlca supports the
Coastal Resources Conser'"vation Bond Act of 1988 ar,d recognizes
its l~portance to the conservation of coastal resources.
SECTION 2. The City of Santa Honlca urges the state
Leglslature to submit the Coasta~ Resources Bond Act 0= 1988 to
the voteys at t~e nex~ statewlde e:ection.
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SECTION 3. The City Clerk shall certify to the
adoption of this Resolution, and thenceforth and thereafter the
same shall be in full force and effect.
APPROVED AS TO FORM:
~\.--.~.
ROBERT M. MYERS
City Attorney
- 2 -
.
.~
Adopted and approved this 28th day of April, 1987.
I hereby certify that the foregolng Resolution No. 7416(CCS)
^AA(A ___
v ~ 'I mfyor--
was duly adopted by the City C
of the City of Santa Monica
at a meeting thereof held on April 28, 1987 by the following
COUICcil vot.e:
Ayes: Councilmembers:
Jennlngs, Finkel, A. Katz, H.
Katz, Reed, Zane and Mayor Conn
Noes: Councilme~~ers:
None
Absta~n: Councilmerr~e=s:
None
Abse~t: Cour.cllme~~ers:
None
ATTEST:
~L4t ;% ~
Clty Clerk -
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FEB 2 4 1987
/ fJ() -' C'C 2
Santa Monica, California
GS:SES:DB:ak
council Meeting: February 24, 1986
TO: Mayor and City Council
FROM: City staff
SUBJECT: Recommendation to Endorse California Senate Bill 188,
Recycling Tax Credit
Introduction
This staff report recommends that the city Council adopt a
resolution endorsing California Senate Bill 188, Recycling Tax
Credit, introduced by Senator Alfred Alquist, which would help
equalize the tax status of manufacturers using recycled materials
with the tax status of manufacturers using virgin materials.
Background
For decades, the use of recycled or "secondary" materials has
been an economic disadvantage in manufacturing processes because
manufacturers could received a tax credit for using virgin or
"primarytl materials.
The tax credits were in the form of
depletion allowances and capital gains benefits. Because of the
economic advantage given primary materials, most manufacturers
have been slow to make the investments necessary to modify their
plants to use more secondary materials.
Therefore, demand for
secondary materials has been weak and prices paid for them have
remained low.
Discussion
Senate Bill 188, Recycling Tax Credit, would help to achieve tax
parity for manufacturers using certain secondary materials as
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fEe 2 " 1981
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compared with manufacturers using primary materials by providing
manufacturers in California who use waste paper and fibers, waste
glass and waste plastics with a ten percent credit against their
taxes to offset the depletion allowance they would receive if
using primary materials (please see attachment A.) Also known as
the Recycling Tax Fairness Act, SB188 would encourage
manufacturers in California to utilize secondary materials in
their manufacturing processes.
Senate Bill 188 has only recently been introduced in the state
legislature. Early support is important to demonstrate that the
legislation is considered important by local agencies and to help
build a broad base of support.
As landfill space is being rapidly depleted in California,
recycling can help reduce our dependence upon landfills, but only
to the extent that markets are available for the material
recovered. Market development is even more important now that
AB2020, the California Beverage container Recycling Act, will be
implemented in October, 1987, because this legislation will
resul t in recovery of increased quantities of secondary
materials.
BUdgetary/Financial Impact
Senate Bill 188 will have no fiscal impact on the city. A
financial impact may be realized in the form of increased savings
from the avoided costs of hauling and disposing of recyclable
materials if SB188 leads to more recycling.
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Recommendation
staff recommends Council adopt a resolution of support of SB1S8
(Alquist) which would implement a ten percent recycling tax
credit for manufacturers in california using waste paper and
fibers, waste glass and waste plastics. Such a tax credit will
help equalize depletion allowances and capital gain benefits that
currently apply to the use of primary materials, thereby
encouraging manufacturers in California to use recyclable waste
materials in their production processes.
Prepared by: stan Scholl, Director of General Services
Deborah Baine, Recycling Coordinator
Attachment:
Resolution for Adoption
A Text of SB188, Recycling Tax Credi t,
introduced
as
- 3 -
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RESOLUTION NO. 7376(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ENDORSING SENATE BILL 188,
RECYCLING TAX CREDIT, DESIGNED TO ALLOW A TEN
PERCENT TAX CREDIT FOR MANUFACTURERS IN
CALIFORNIA USING SECONDARY MATERIALS TO HELP
EQUALIZE THE DEPLETION ALLOWANCES AND CAPITAL
GAINS BENEFITS THAT APPLY TO THE USE OF
PRIMARY MATERIALS, AND TO ENCOURAGE THE USE OF
RECYCLABLE WASTE MATERIALS IN CALIFORNIA
PRODUCTION PROCESSES.
WHEREAS, the state Legislature finds that California
must continue to seek solutions to its energy, environmental, and
economic problems; that solutions to these problems require
proper solid waste and resource recovery management; that the
generation of municipal solid waste is increasing while landfill
capacity is decreasing; and that the disposal of recyclable solid
waste materials is wasteful of valuable resources; and
WHEREAS, the Legislature further finds that recycling
of waste materials reduces waste flow to landfill sites, recovers
valuable resources, conserves energy in the manufacturing
process, offers a supply of domestic raw materials for the
state's industries, creates jobs, and improves the business
climate; and
WHEREAS, the Legislature finds that the market
development is now needed to increase the utilization of the
materials that recycling programs collect; and
WHEREAS, the Legislature therefore declares it to be in
the public health and welfare, energy, environmentql, and
e
e
economic interest of the state to implement a recycling tax
credit for the purpose of increasing the amount of materials
recycled by encouraging manufacturers to use recyclable waste
materials in their production processes,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of Santa Monica hereby endorses
the action implemented by Senate Bill 188, Recycling Tax Credit,
designed to allow a ten percent recycling tax credit for
manufacturers in California using secondary materials to help
equalize depletion allowances and capital gains benefits which
currently apply to the use of primary materials and to encourage
the use of recyclable waste materials in California production
processes.
SECTION 2. The City of Santa Monica hereby publicly
supports activities necessary for the adoption of Senate Bill
188.
SECTION 3. The City Clerk shall certify to the
adoption of the Resolution, and thenceforth and thereafter the
same shall be in full force and effect.
APPROVED AS TO FORM:
~ ,-,.~
ROBERT M. MYERS U
City Attorney
e
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Adopted and approved this 24th day of February, 1987.
---- ~....L
&:,'~~~
Mayor Pro fempo--
I hereby certify that the foregoing Resolution No. 7376(CCS)
was duly adopted by the City council of the city of Santa Monica
at a meeting thereof held on February 24, 1987 by the fOllowing
Council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Katz, Reed and Zane
Noes: Councilmembers: None
Abstain: councilmembers: None
Absent: Councilmembers: Conn
ATTEST:
~ 7/;~~1J1Af
City Clerk ~
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APR 2 3 1985
CM:GF:VR:dvm
CouncIl MeetIng 4/23/85
jO(J-CCZ
Santa MonIca, Cal1fornla
TO:
Mayor and City CouncIl
FROM:
Cl ty Staff
SUBJECT:
RecommendatIon to Support 8B675 RegardIng
SellIng of TIckets to PerformIng Arts and
Sports Events
IntroductIon
ThiS report recommends that Council support 3B675 WhICh provides
some safeguards to consumers who purchase tIckets to sports and
art s event::> .
CouncIl is also requested to dIrect the CIty
lobbyist to request an amendment to the bill which would place a
ceIlIng on the amount a tIcket broker can charge for services.
Background
Senator Montoya has Introduced SB 675, Ticket Sellers. ThIS bIll
would requIre ticket sellers, as defIned, to have a permanent
bUSIness address, to maIntaIn records of tIcket purchases and
sales, to dIsclose seat locations to the purchaser prlor to the
sale, to refund advance sale ticket purchases at any time prior
to the avaIlabIlIty of the tIckets and to fully refund the tIcket
prIce when an event 1S cancelled, postponed, or rescheduled, to
dIsclose any serVIce charge Imposed by the tlcket seller, and to
dIsclose the price charged for the tlcket when a t1cket 1S
offered as a part of a tour or event package. Although this is
not a complete solutlon to the "scalper" problem it will bring
about publIC awareness and ViSlbillty to those who partIcipate In
GrL
lIPR 2 3 1985
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the busIness of ticket sales and IS, therefore, a start In
addressing the assocIated problems.
However, as Hltroduced J the bill does not address the Issue of
the markup WhICh 1S charged by tIcket sellers. A 400% markup 1S
not unusual and tIckets for many events are several tImes even
that percentage. In such a sItuatIon a tIcket seller receives
several tImes the compensat1on of the art1st who makes the
performance.
The tIcket sellers' lobby has been so strong, that In the past
legislatIon aImed dIrectly at lImitIng the percentage "scalpers"
can charge has faIled repeatedly. Senator Montoya has stated
that he WIll amend the 3B675 where necessary to maIntain
legl tlrnate concerns. CIty staff feels that the often excessi ve
fees charged by most "scalpers" IS certaInly a legItImate concern
of the City as these fees d1lute the money avaIlable for
entertaInment expenditure thereby reduc1ng the number of events
the publIC can support.
The Senate Bus iness and ProfeSSIons CommIt tee w1ll be hold1ng a
hearing on thIS bIll Apr1l 29th.
Budget/Flnan?,}al Impact
It is dIfficult to assess the ultImate finanCIal impact of the
passage of SB675 on Santa Monlca. However, I t can be surmis ed
tha t current tl cket sales pract Ices Impact the ablll ty of the
publIC to purchase tIckets by 1nflatIng ticket costs. A
reduction In these costs could Increase the abllity of the publIC
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to purchase more tlckets for the same money and thereby has the
potentlal of lncreaslng ticket sales revenues at the ClVlC
Auditorlum.
Recommendatlon
It is recommended that Counc1l support 5B675 and support an
amendment to the bill placing a ceillng on the amount charged by
t lcket broker s .
It is also recommended that the Mayor wrlte a
letter to Senator Montoya lndicating the Council's posltlon
before the April 29 committee hearIng.
Prepared By: Gary Ferguson
Director CIvic Aud1torIum
VIVIan RothsteIn
Community LIaison
(tktsell)
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SENATE BILL
No. 815
Introduced by Senator Montoya
~
February 28, 1985
An act to add Chapter 21 (commencing with Section 225(0)
to Division 8 of the Business and ProfessIOns Code, relating to
ticket sellers.
(
LEGISLATIVE COL'J'I:SEL"S DIGEST
SB 675, as introduced, Montoya. TIcket sellers.
Existing law does not regulate persons who sell tickets to
sporting, musical, theatre, or other entertainment events.
This bill would require ticket sellers, as defined, to have a
permanent business address, to mamtain records of ticket
purchases and sales, to disclose seat locations to the purchaser
prior to the sale, to refund advance sale ticket purchases at
any time prior to the availability of the tickets and to fully
refund the tIcket price when an event is canceled, postponed,
or rescheduled, to dIsclose any service charge imposed by the
tIcket seller, and to disclose the price charged for the ticket
when a ticket is offered as a part of a tour or event package.
A VIOlatIon of the provisions would be a misdemeanor.
The bill would impose a state-mandated local program
since the bill would add a new crime.
The California Constitution reqwres the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement.
Tills bill would provide that no reimbursement is required
by this act for a specified reason
Vote. majonty AppropriatIon: no. FlScal conunittee. yes.
State-mandated local program. yes.
99 60
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SB 675 -2-
The people of the State of California do enact as follows: 'ii
1 SECTION 1. Chapter 21 (commencing with Section
2 225(0) is added to Division 8 of the Business and
3 Professions Code, to read,
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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21
22
23
24
25
26
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28
29
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32
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34
35
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CHAPTER 21. TICKET SELLERS
22500. A ticket seller shall have a permanent busmess
address from which tickets are sold and that address shall
be included in any advertisement or solicitabon.
22501 A bcket seller shall maintain records of ticket
sales, including the name of the person or agency from
whom tickets were purchased and to whom tickets were
sold.
22502. A ticket seller shall, prior to sale, disclose to the
purchaser by means of description or a map the' exact
location of the seat or seats represented by the ticket or
bckets.
22503. A ticket seller, as used in this chapter, means
any person who for compensation, commis.'lion, or
otherwise sells admission tickets to sporting, musical,
theatre, or any other entertainment event.
22504. This chapter shall not apply to any person who
sells six tickets or less to anyone single event.
22505. A violation of any provision of this chapter shall
constitute a rrusdemeanor.
22506 Any partial or full deposit received by a ticket
seller on a future event for which tickets are not available
shall be refundable except for a service charge of not
more than 10 percent until tickets (or the event are
actually available.
22507 The ticket price of any event wruch is
canceled, delayed, postponed, or rescheduled shall be
fully refunded to the purchaser by the ticket seller upon
request.
22508. A hcket seller shall disclose any service charge
which IS imposed by the ticket seller and is added to the
actual ticket price by the seller in any advertisement or
promotion for any event by the bcket seller.
9980
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SB 675
1 22509 Any ticket seller who includes tickets to an
2 event in conjunction with the sale of a tour or event
3 package, including, among other things, transportation,
4 meals, lodging, or beverages shall disclose in any
5 advertISements or promotional materials the pnce
6 charged or allotted for the tickets.
7 22510 Nothing in this chapter shall prohibit any local
8 agency from imposing any local fees or taxes.
9 22511 This chapter shall not apply to any nonprofit
10 charitable tax-exempt organization selling tickets to an
11 event sponsored by the organization.
12 SEC. 2. No reimbursement is reqwred by this act
13 pursuant to Secbon 6 of Article XIII B of the C~Hfl)rnia
14 Constitubon because the only costs which may be
15 mcurred by a local agency or school district will be
16 incurred because this act creates a new crime or
17 infraction, changes the definition of a crime or infraction,
18 changes the penalty for a crime or infraction, or
19 eliminates a crime or infraction.
o
99 100
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CM:VR:mmm
Council Meeting:
APR 2 3 )985
/ (:(1--{--CZ
Monlca,CalIfornia
Santa
4/23/95
TO:
Mayor and City CouncIl
FROM:
City Staff
SUBJECT:
RecommendatIon to Endorse AB359 Exempting PublIC
Libraries from Paying Sales and Use Tax on Purchase of
Library MaterIals
IntroductIon
This report recommends that Council endorse AB359 WhiCh has been
1ntroduced by Assemblyman Floyd.
The legislatIon would exempt
publIC libraries from paying sal es and use tax on purchase of
lIbrary materIals. The CalifornIa Library ASSOCIatIon has voted
to support thIS legislation and would appreciate the CIty'S
endorsement and the efforts of the CIty's lobbyist on behalf of
the bIll.
FinanCIal/Bud&et Imract
It IS est imated that the CIty would save approx imate ly $18 J 000
annually if It IS exempted from paYIng the 6.5% tax on purchases
of books and audlo-v1sual materials. The library currently does
not pay tax on purchases of per1odlcals.
b-F
APR 2 3 1985
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Recommendat1ons
e
It 1S recommended that Council support AB359 and request the
Government
Comm1ttee
of
Mayor to write a letter 1nd1catIng the Council's poslt1on to the
Callforn1a
RelatIons
ASSOCIatIon.
PREPARED BY: Vivian Rothste1n
CommunIty Lia1son
Attachment
(llb42385 )
- 2 -
the
Library
GS:SES:DB
CouncIl MeetIng:
Hay 28, 1985
Santa
--r~(
.J ~
MonIca, calIfornla/~~~J.~C)
to-L
1Mr281985
/ {y;~- tCZ7 L~-
TO:
Mayor a~d CIty CouncIl
F R ml :
CIty Staff
SUBJECT:
Recommendation to endorse California Assembly BIll
1109, RecyclIng Tax CredIt
IntroductIon
The purpose of thIS staff report IS to recommend that the City
CounCIl endorse CalIfornia Assembly BIll 1109, RecyclIng Tax
eredI t, Introduced by Assemblyman Bob Campbell WhICh would pro-
VIde tax parIty of recycled materIals With VIrgin materIals.
Background
PAST TAX STATUS OF RECYCLED MATERIALS
For decades, the use of recycled or "secondary" materials has
been at an eC0:10mI c d 1 S ad vantage In manu fact ur 1 ng processes be-
cause manufacturers could receive a tax credit for USIng virgIn
or "prImary" materIals.
The tax credIts were In the form of
depletIon allowances and capItal gaIns benefIts.
Bec au se 0 f the economi c adv ant age given pr imary mat erl als, most
manufacturers have been slow to make the Investments necessary to
modIfy theIr plants to use more secondary materIals, even though
e,:ergy SaVlrigs and pollution control costs could be reduced.
Therefore, demand for secondary materIals has been weak and
prIces paId for them have remaIned low.
fo-L
MAY 2 8 \965
- 1 -
GS:SES:DB
CouncIl MeetIng: May 28, 1985
Santa MonIca, CalIfornIa
PROPOSED TAX STATUS OF RECYCLED MATERIALS
Assembly BIll 1109, RecyclIng Tax Credit, would achIeve tax parl-
ty for secondary materials WI th prImary materi<;ils by provIdIng
mar1ufacturers L'l Cal1for:1ia who use secondary materIals with a
credIt agaInst their taxes equal to the depletIon allowance they
would receIve if uSIng prImary materIals (please see attachment
A). Also known as the Recycling Tax FaIrness Act, AB1109 would
encourage manufacturers In CalIfornia to utilIze secondary
materials In theIr manufacturIng processes.
CURRENT STATUS OF AB1109
AS 1109 passed the Assembly Reve:1ue and Tax at Ion Commi t tee on
AprIl 29, 1985 by a 12-1 vote. Currently, 1 t IS In the Assembly
Ways and Means CommIttee, the hearI~g for WhICh may be scheduled
as early as June 5, 1985. The bIll must be out of CommI t tee by
June 21, 1985.
As of May 16, twenty-fIve organIzatIons have declared support for
AB1109 IncludIng the CItIes of Palo Alto, Hidden HIlls, Sunnyvale
and San Jose and Santa Cruz County (please see Attachment B).
Budgetary/FInancIal Impact
AB1109 will have no f1scal impact.
A fInanCIal Impact may be
realIzed in the form of Increased saVIngs from the aVOided costs
of hauling and dIspOSIng of recyclable SOlId waste materIals.
Funding for the tax credit 15 expected to be avaIlable from the
economiC gaIn from Industries utilIZIng more secondary materials
- 2 -
GS:SES:DB
CouncIl MeetIng: May 28, 1985
Santa MO~lca, CalIfornIa
WhICh wIll mea~ more taxes from market expanSIon and addItIonal
Jobs (trIckle down).
RecommendatIon
Staff recommends support of AB1109 (Campbell) WhICh would Imple-
ment a recycll~g tax credit equal to the depletion allowances and
capItal gain benefIts that currently apply to the use of prImary
materials to encourage manufacturers I~ CalIfornIa to use recy-
cIable waste materIals 1n theIr productIon processes.
Prepared by: Stan Scholl, DIrector of General SerVIces
Deborah Baine, Recycll~g CoordInator
Attachments: A, Text of AB1109, RecyclIng Tax CredIt, as
Introduced
B, LIst of Supporters of AB1109
C, LISt of members of Assembly Ways and Means
CommIttee
- 3 -
ATTACHllliNT A
AB 1109
Recyc11ng Tax Credlt
as introduced
'~-'
3-14-85
PECYCLING TAX CRFDI~
TRF PFOPL~ OF TFF STATE OF CAI.IFOPNIJl. DO F}!ACT AS FOLLOWS:
Sectlon 1. The ~eqislature finos and declares that
rallfornla must continue to seek solutions to its energy,
envlronmental and economic problems~ that solutions to these
problems requlre proper solin waste ana resource recov~rv
management; that the generation of municipal solid waste is
increasing whi1e landfill capacity is decreasing: and that the
disposal of recyclable solid waste mater1als is wasteful of
valuable resources.
The Legislature further finds and declares that
recycling of waste materials reduces waste flow to landfill
s1tes, recovers valuable resources, conserves enerqy in the
manufacturing proc~ss, offers a supply Of domestic raw materials
for the Statets 1ndustries, creates jobs, and improves the
business climate. The Legislature finds that its' previous
efforts to encourage recycling by establishing and expanding
recycling centers were successful, but that market development is
now needed to increase the utilization of the materials that the
recycling centers collect. The Legislature therefore declares lt
to be 1n the public health and welfare, energy, environmental and
economlC interest of the State to implement a recycling tax
credit for the purpose of increasing the amount of materials
recyc1ed by encouraging manufacturers to use recyclable waste
materials in the1r production processes. The credit will
equalize the depletion allowances and capita] gains benefits that
currently apply to the use of primary resources.
Section 2. Section ]7053.6 is added to the Revenue and
Tayation Code, to read:
17053.6 (a) For purposes of this chapter, the
followinq deflnitions shall apply:
(1) 'Pecycle', 'Pecycled', and 'Recyclinq', refer to the
process of transforminq waste materials into new products. This
may include returning them to their original form for reuse or
alterinq the1r physical properties or composition. ~his does not
lnclude a process consisting of merely sorting, shreddinq,
stripping, burning, compressing, or packing materials for
storage or shipment. tRecyclable' means able to be recycled, as
defined herein.
(2) 'Secondary Material' means mater1al that is utilized
1n place of a primary or raw material in manufacturing a new
product, and includes waste paper and fibers, waste glass, scrap
metals, waste plastics, and waste oil. This waste material has
been used and has no significant value in its present form to its
original consumer, but has value as a material to be used in
manufacture or production of new goods.
..
,
Cbl There shall be allowed as a credit against the
amount of net tax imposed by this part a percentage fdetermined
under paragraph (ell of the amount paid for the recyclable
secondary waterial purchased with1n Californla by the taxpayer 1n
the taxable Year. This material must bv recycled by the
purchaser claiminq this credit within one year of the date of
purcrase. Rules and regula~ions for the governance of this
chapter shall be prescribed by the Franchise Tax Board.
(c) The following percentaqes of the recyclable
secondary material tonnage purchased by the taxpayer shall apply
to paragraph lb) as follows:
(1) Tn the case of metals.............15 percent
(7) In the case of glass..............15 percent
(3) In the case of paper..............l0 percent
f 4 l In the case of oil. . . . . . . . . . . . . . . . ? 2 percent
(5 l In the case of plastics...........22 percent
For purposes of this chapter, no credit shall be allowed for
gold, s~lver, platlnum, or other precious metals. This credit
does not apply to: (1) waste or scrap that is created in a
manufacturing or converting operation which is reused by the same
manufacturer, or (2) waste or scrap purchased from another
manufacturer who manufactures the same or closely related
product(sl.
(d) If in the case where the credit allowed under this
sect~on exceeds the net tax for the taxable year, that portion of
the credit which exceeds that net tax may be carr1ed over to the
net tax in three succeeding taxable Years, with respect to which
this sectlon shall remain in effect for purposes of carryinq over
excess credit. The credit shall be applied first to the earliest
years possible.
(e' ThlS section shall remain in effect only until
~anuary 1, 19Q6, and on that date is repealed, unless a later
enacted statute, which is chaotered before this date, deletes or
extenDS the date. Powever, any unused credit may be used beyond
that date on the same basis and to the same extent as permitted
under the law ~roIDediately prior to January 1, 1996.
Page 2
ATTACHMEN~ B
Supporters of AB 1109
The following organlzatlons have declared support:
Clties of Palo Alto, Hidden Hllls, Sunnyvale, San Jose
Santa Cruz County
California Waste Management Board
Ca11forn1a Resource Recovery Associatlon
Plannlng and Conservation League
CaI1fornlans Agalnst Waste
CalPIRG
S1erra Club
Owens-Illlnols
Circa Glass
Encore
Garden State Paper Company
Monotherm Internat10nal
Inland Contalner Corporation
Custom Flbers International
Praler Internat10nal Carporatlon
Callfornla Cast Metals AssoClatlon
Ca11fornla 011 Recyc11ng Company
Edlngton 011 Company
Lubrlcatlon Company of Amer1ca
Resource Management ASSOc1ates
Edarra, Inc.
ATTACHMENT C
Members of Assembly Ways & Means Commlttee
.cQ1DIDi.!:1~g 11~1II12~.r~
Assemblyman John Vasconcellos
Assemblyman Bill Baker
Assemblyman Art Agnos
Assemblyman Charles Bader
Assemblyman Bruce Bronzan
Assemblyman Dennis Brown
Assemblyman Charles Calderon
Assemblyman Bob Campbell
Assemblyman Gary Condit
Assemblyman Lloyd Connelly
Assemblyman Wally Herger
Assemblyman Hill
Assemblyman Phil Isenberg
Assemblyman Ross Johnson
Assemblyman Pat Johnston
Assemblyman Bill Leonard
Assemblyman Lewis
Assemblyman Torn McClintock
Assemblyman O'Connell
Assemblyman steve Peace
Assemblyman U.ike Roos
Assemblywoman Maxine Waters
~.9mJllg.D1~LB.QID~
Chairman/San Jose
Vice Chairman/Contra Costa
San Francisco
Western San Bernadino
Fresno
Yes in last committee
Montebello
Bill author
Modesto
Bill co-author
Yuba city
Fresno
Sacramento
Yes in last committee
stockton
San Bernadino
Yes in last committee
Ventura/~o in last committee
Santa Barbara
San Diego
Hollywood
Los Angeles
Passed Assembly Revenue and ~axation Committee on April 29
by 12-1 vote{McClintock voting against).
hg.ti.9D Beeg~g..i. Letters or calls to Assembly l<lays and !leans
members. Address for all Assemblymembers is State Capitol,
Sac~a~ent?~ CA 95814.
~
.
e
-
/ oc.~- C-~;Z
CM:PG:dvm (rcleg)
Council Mtg. 3/27/84
Santa Monlca, Cal1forn1a
Co - 1<
MAR 2 7 1984
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Legislation Concern1ng Rent Control
AB 3808 (Costa) and SB 2285 (Seymour).
Introduction
ThlS report recommends that the C~ty Counell oppose two p~eces or
legislat10n concern1ng rent control: AB 3808 (Costa) and SB 2285
( Seymour) .
It additionally recommends that the City Manager be
directed to work w~th the C1ty LobbY1St to represent the Clty'S
posltlon to the State Legislature.
~ackground
During the 1983 leglslative session, the Clty Council voted to
oppose two bllls, AB 965 (Alatorre) and SB 1069 (Seymour), Wh1Ch
would have serlously hlndered the author1ty of local government
to enact and maintaln rent control laws such as the one in Santa
Monlca.
The Seymour blll was killed in commlttee, and the
Alatorre blll was put over to this seS51on.
It 15 stlll unclear
whether Alatorre lntends to take up hlS bill agaln.
(,--((
MAR 2 7 1984
1
e
e
Two new bills have been recently introduced, wh~ch aga~n would
severely limit local rent control laws. These two ~dentically
worded bllls, AB 3808 (Costa) and 5B 2285 (Seymour), would
affectuate the following add1tions to the California C1V1l Code:
determ1nes that a Just and reasonable return on rental
property w1ll be based on current market rates:
mandates vacancy decontrol:
removes rent 1ncrease ce111ngs during the term of any
tenancy begun after adoptlon of the legislatlon; and
removes
from
control
all slngle fam1ly resldences,
~ncludlng condom~niums.
The Costa bl1l is tentatively scheduled for hearing 1n the
Assembly Houslng Commlttee on May 7, 1984. The Seymour blll has
been routed to the Senate Jud~clary Committee, but no date has
been set for hearlng.
As each of these provisions 1S contrary to the Santa Monica Rent
Control Law, staff recommends that the City Council adopt a
position of oppositlon to them.
2
e
e
Recommendat1on
It ~s respectfully recommended that the City Counc~l:
1. adopt a position of opposition to AB 3808 (Costa) and SB 2285
(Seymour)i and
2. d1rect the City Manager to work with the City Lobby~st to
represent this posit~on to the State Legislature.
prepared By: Peggy C. Gardels
Assistant to the City Manager
3
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1{{)~L702
MAY 1 0 1S~J
CA:RMH:rmcol
City Council Meeting 5-10-83
Santa Mon~ca, California
STAFF REPORT
TO:
Mayor and Clty Councll
FROM:
City Attorney
SUBJECT:
Resolution Opposlng COMmunity College Tuition
At its meeting on Aprll 26, 19B3, the City Counc~l directed
that the City Attorney prepare a resolution opposing cOI'Ulluni ty
college tuitlon. In response to this direction, the acco~panYlng
resolution ~s presented for Clty Council consideration.
RECOMMENDATION
It is respectfully recommended that the accompanying
resolution be adopted.
PREPARED BY:
Robert M. Myers, Clty Attorney
6-H
1
MIlY 1 0 1983
...!. "'l _~ ..
e
e
CA:RMM:rmcol
City Council Meeting 5-10-83 Santa Monica, California
RESOLUTION NUMBER 6683(CC5)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA OPPOSING
COMMUNITY COLLEGE TUITION
WHEREAS, California's system of free community colleges
provides important educational opportunities for Californians of
all ages; and
WHEREAS, the community colleges provide skilled workers to
perform a variety of functions necessary for a healthy economy;
and
WHEREAS, experience in other states has shown that the
imposition of even a very modest tuition can quickly leade to
much
higher tuition levels, thereby closing off essential
educational opportunities to thousands of students,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
The City Council of the City of Santa Monica
urges the California Legislature to provide sufficient funds to
the community colleges so that the imposition of tuition charges
may be avoided.
SECTION 2.
The City Clerk shall transmit a copy of this
resolution to the Governor, to members of the State Senate and
1
... ..... .~....
e
e
State Assembly, and to the Santa Monica College Board of
Trustees.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~-.~-
Robert M. Myers -
City Attorney
2
~
e
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,
- -...~-
ADOPTED AND APPROVED THIS
10th
DAY
OF
May.
I 1983.
~
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO. 6683(CC~)WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON
May 10
. 1983 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCIlMEMBERS: Conn, Epstein, Press, Zane and
Mayor Edwards .
NOES:
COUNCILMEMBERS: Reed
ABSENT:
COUNCILMEMBERS: Jennings
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
c;?Jt
CITY CLERK
EP: rl-TA: dc!
COUDCll l~eetlng
e
4/13/82
saJltrmnlca, Callfornla
/CC-'l~Z
1/-8
APR ! 3 1982
TO:
Mayor and Clty COUDCll
?RQ)!
Clty Staff
SuBJECT:
QUlmby Park Act Fees
Introductlon
ThlS report requests Councll Opposltlon to certaln proposed amendments to the Quimby
Park Act.
Background
In 1965, the sub-dlvlslon map act was amended by the 9ulmby Act (now Sectlon 66477 of
the Government Code). The Qu1mby Act authorlzes cltles and countles to requ1re, as
a condltlon of approvlng a subdlvls10n map, a subdlvlder to dedlcate land, to pay a
fee In-lleu thereof, or both, for the development of park and recreat10n faClllt1es
for the future lnhabltants of the subdlv1slon.
Local agencles may exerClse the authorlty granted by the QUlmby Act by adoptlng
an lmplementlng ordlnance; provlded, however, that they have adopted a recreatlonal
element of the general plan WhlCh lS requlred by the local planLlng law to speclfy
an agency's standards and pollcles for the locatlon and development of park and
recreatlon faCllltles. QUlmby Act ordlnances must speclfy the agency's standards for
determlnlng the amount of land wlthln the proposed subdlvlslon to be dedlcated and the
amount of any In-lleu fee.
The Clty of Santa Monlca Recreatlon and Parks Comrolss1on establlshed a standard of 2.5
acres per 1000 res1dents for establlshlng parks. Slnce the Clty does not have a large
undeveloped portlon to enable park development, an alternatlve to the park standard
approach would be the use of an ln lleU fee based upon dwelllng unlts. At present,
II-B
APR 1 3 1982
RP:DTA:dc
page'2
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the Clty of Santa Monlca charges $200 per un1t as a park and recreatlon tax. ThlS was
establlshed by ordlnance #922 of August 8, 1973. ThlS ordlnance was not intended to
qual1fy under the Qulmby Act, and was used solely for the purpose of producing revenue.
The questlon of whether the Clty can also enact the Quimby Act provlSlons under another
ord1nance needs to be answered. The Clty quallfles ln all aspects of the cond1tlons to
establlsh a QuLmby Act park fee. The Qulniliy Act lmposes the follow1ng llID1tat1ons on
park ded1catlon ord1nances:
1. All land and fees may be used only to provlde park and recreatlonal
faC1lltles to serve the subdlvlslon.
2. The amount and locatlon of land and the amount of fee must bear a
reasonable relatlonshlp to the use of park and recreat10n facillt1es
by the future res1dents of the subdivlslon.
3. Each local agency must develop a schedule speclfYlng how and when lt
'wlll use the land or fees.
4. Fees not cornm1tted to expenditure wlthin 5 years of payment or the
lssuance of bUlldlng permlts on 1/2 of the lots must be pald to the
then owners of the lots 1n proportlon to the Slze of thelr lots
relat1ve to all lots ln the subd1v1slon.
5. All subdlvlslons contalnlng 50 parcels or less; fees may be 1mposed
but dedlcatlon of land may not be requlred.
6. The followlng are exempt from any QU1mby Act ord1nance:
subdlv1slons of less than 5 parcels WhlCh are not used for resldent1al
purposes.
- 1ndustrlal subd1v1s1ons.
- condom1nlums or stock cooperatlve converSlon proJects 1f the bUlldlng
15 more than 5 years old and no new dwell1ng un1ts are added.
- parcel maps lllvolv1ng less than 5 parcels for shopp1ng centers for more
than 300,000 square feet of gross leasable area and no resldentlal uses.
The BUlldlng Industry Assoclat1on lS propos1ng several amendments to the QuLmby Park Act
and they are as follows:
1. Local government should produce comprehenslve park development plans and
1dent1fy the cost of park rna1ntenance pr10r to lmplement1ng or lncreas1ng
QU1mby Park fees.
Staff Comment: Not pract1c1e for the C1ty to ldentlfy all costs prlor to
constructlon.
2. Source of park maintenance funds should be ldentlfled l.e. general fund, speclal
assessment d1strlcts or dlrect user fees, prior to enactment or 1ncreaslng
QU1mby park fees.
StafE comment: ThlS would be exceSSlvely restrictive to the local government
to have thlS part of the State leg1slat1ve act requlr~ng the local government
~o llst all costs prlor to enactlng leglslatlon which 15 able to act by the
QUlmby Act ltself.
RP:D~A:dc
Page 3
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3. Qulrnby Park fees should speclflcally be prohlblted from use for
operatlon and malntenance purposes. Reason: one bUlldlng
slows or stops, who would malntain the parks. Use of QUL~y fee
for operatlon and malntenance suggests double taxatlon as property
On new homes lS a source of maintenance of parks. Consequently,
the new homeowner pays tWlce for IDalntenance and operatlon. It should
be noted that new houslng, Slnce the pasSlng of Proposltlon 13, pays
more ln property taxes then do~s comparable eXlsting houSlng 10 a
glven community.
Staff comment - QUlmby fees should be used for source of operation and
malntenance partlcularly If they can be III addltlon to our present
park and recreatlon unlt tax fee.
4. Land acqulsltlons under the QUlmby Park fee should not exceed 2.5 acres
per 1,000 populatlon as prescrlbed by nelghborhood parks by the ~atlonal
Recreatlon and Parks Assoclatlon.
Staff Comment - The Clty Recreatlon and Parks CommlsSlon's present
standard lS 2.5 acres per 1,000. Other cltles should not be so llmlted.
If they have the space, the local )urlsdlctlon should be able to establlsh
the standards.
5. Recreatlon and Parks useable open space provlded by the developer for
proJects, should be glven full value as In-lleu for park fees. One reason
for thlS lS that the prlvate park and recreatlon facllltles remaln on
publlC taxes and are ffialntalned by prlvate funds.
Staff Comment - The present act wlll allow these klnds of deductlons Again,
thlS should be a local deC1Slon not mandated by the state.
6. ~~ere parklands can be dedlcated by local developers, or ln the case of
affordable houslng (as deflned by HCD), park fees may not be prescrlbed
on an advelorem tax baS1S.
Staff Comment - The park fees pald should be standard throughout the
communlty for all Qulmby Act property.
7. Payment of park fees should be wlthheld untll tlme of certlflcatlon of
occupancy or the local equlvalent of same, for flnal bUlldlng lnspectlon.
The payment of such fees from the constructlon loan of a bUlldlng proJect
are consequently subJect to hlgh lnterest rates, thus lncreaslng the real
cost to the home buyers.
Staff Comment - The effect of the land or In-lleu fees on the cost of houslng
when spread over the term of the Ilfe of the loan 15 lnslgnlf~cant. Delay
of the payment would also delay the development of park acreage ln a sub-
dlvlslon.
8. Pay wlth a park fee may be accompllshed wlth the postlng of a cash bond by
the developer. The return of unused bond funds should be made to the owner
of record lf not utlllzed at the end of the 5 year perlod.
Staff Comment - No change from the present needed. The postlng of a bond
would not enable the Clty to use the funds to develop the park proJects,
and would not be cash pa~~ent as requlred under the present Qu~mby Act.
9. Parkland dedlcatlon may be developed ln lleu of a fee by the developer. If
such land lS not utlllzed for park development wlthln 3 years, the land wlll
be returned to the developer for development, after the developer pays
property taxes on sald property for a 3 year perlod.
Staff Comment - rhe act now provldes for a 5 year trme lnterval, and when
tled lD wlth state and federal grants, 3 years may not be sufflclent tlme
for the developmental process.
RP:DTA;dc'
Page 4
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10. Opportunltles for ]Olnt use of communlty park and publlC school playgrounds
must be taken lnto consideration whenever a QUlmby park fee ordlnance is
supplemented ln the communlty. A mandatory comprehenslve park plan must
ldentlfy opportunltles for jOlnt use, or explain technlcal reasons for the
lack of sald opportunitles.
Staff Comment - Santa Monlca already has a ]Olnt-use agreement but lS not
able to develop adJacent to schools because of the denslty of the communlty.
The best use would be to develop school sltes as school parks here In Santa
Monlca. The mandatory plan lS now requlred by the Act ~or general park
purposes. To tle the ]Olng school use development to the use of Quimby Eunds
lS too llmltlng to local ]urlsdlctlons.
11. Transfer of denSlty from QuLmby Act parkland dedlcatlons to bUlldable areas
wlthln the same proJect should be mandatory. If no contlguous developable land
eXlsts, the transfer to non-contlguous developable land under the same ownershlp
snould be allowed.
Staff Comment - Whlle generally agreelng to the concept, staff does not llke the
~andatory aspect of thlS ~ecommendatlon.
12. Plannlng cOTImunlties (P.C.'s ) or planned Unlt development (P.D.D.'s) or planned
resldentlal development as deflned by local ordlnances whlch are 50 acres or larger,
should be glven the optlon of developlng self contalned parks WhlCh provlde 2.5
acres per 1,000 proJected resldents but must be a mlnlmum 5 acre Slze ln lleu of
paYlng any park fees.
Staff Comment - ThlS portlon should be an enabllng portlon of the amended act, and
not a mandatory provlslon thereof allowlng the local ]urlsdlctlon to have the
freedom to meet ltS needs.
13. No fee should be charged to any non-resldentlal development such as commerclal and
lndustrlal subdlvlslons.
Staff Comment - Do not agree. The lndustrlal or cornmerclal development should be
charged wlth elther In lleu fees or be requlred to provlde land because of the
lmpact of thelr employees on the local Jurlsdlctlons on parks and recreatlon
programs.
14. No development fees should be charged to new development for purposes of parkland
acqUlsltlon and development ln the state of Callfornla except under the QUlmby Park
Act as descrlbed ln government code sectlon 66477.
Staff Comment - Too restrlctlve. ThlS would requlre our $200 fee to be a QulIDby
Act fee. Wlth the present flnanclal plcture, the cltles would need all the
fleXlblllty they could have wlth creatlve flnanclng.
A b~ll currently belng sponsored by Assemblyman Reuss would authorlze the
leglslatlve body to use the lnterest earned on the accumulated In-lleu fees for the
malntenance of any eXlst1ng park or recreatlon faCllltles wlthln the elty or county.
ThlS blll would repeal thlS prov~s~on January 1, 1985
Staff Comment - Staff feels that thls amendment to the QuLroby Act would be beneflclal
to the local ]urlsdlctlons.
.,. ,
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RP:DTA:dc
Recornmendatlon
Staff recommends the Councll oppose the changes proposed by the BUlldlng Industry of
Amerlca, but support Assembly BlIl 2720 introd~ced by Assemblyman Reuss, provldlng
for the lnterest to be used for operations and malntenance.
Prepared by: Donald T. Arnett, Dlrector
Recreatlon and Parks
DTA:dc
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q-It
IOO--CCZ
at'" 1 3 198\
CA:RMM:SSS:r
city Council Meeting lO-l3-81
Santa Mon1ca, California
STAFF REPORT
TO: Mayor and City Council
FROM: C1ty Attorney
SUBJECT: Resolution In Opposition to Location of LNG
Terminal at Point Conception
At its meeting on September 15, 1981, the City Council
directed the C1ty Attorney to prepare a resolution in opposi-
tion to the location of an LNG Terminal at Point Conception
and to rescind the prev10us resolut10n of the City Council in
support of the terminal. (A copy of the previous resolution
1S attached.) In response to this directive, the accompany-
ing resolution is presented for City Council consideration.
RECOMMENDATION
It is respectfully recommended that the accompanying
resolution be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Stephen Shane Stark, Assistant City Attorney
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OCT 1 3 1981
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DATE:
October 23, 1981
TO:
Mayor Yannatta Goldway
FROM'
Clty Clerk
SUBJECT:
Resolution Ko. 6375 OPPOSI~G LIQUID NATU~~L
GAS TEfu~INAL AT POINT COxCEPTIO~
Attached 1S copy of the above resolution adopted by Council at
its meet1ng of October 20th.
At that meet1ng it was requested that the Mayor send the
resolution to Pat Brown, the Governor, State Legislators,
Secretary Watt, and other appropriate legislatures and Jur1s-
d1ctions.
Attachment
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CA: &'1M: SSS : bl
Councll Meetlng 10-13-Bl
Santa Monlca, Callfornia
RESOLUTION NO.
(Clty Council Serles)
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA OPPOSING THE LOCATION
OF A LIQUID NATURAL GAS TEID1INAL AT POINT
CONCEPTION
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SECTION 1. Resolutlon No. 5055 (CCS) urglng the State
PubllC Utlllti~s Commlssion to locate a LlqUld Natural Gas
Termlnal at POlht Conceotion lS hereby resClnded and reoealed.
SECTION 2. 'The Cltv Councll of the Clty of Santa ~onlca
,
ODDoses the locatlop of a LigUld Natural Gas Termlnal at POlnt
Concentlon. Because ',of the environmental rlsks assoclated Wl th
the 9ro]ect and the hl~torlcal and religlous slgnlflcance of the
slte to Natlve Americans, the Clty Councll of the Clty of Santa
Monlca belleves that an alternatlve locatlon for the LlqUld Natural
Gas Termlnal would best serve the publlC lnterest.
SECTION 3. The Clty Clerk shall certlfy to the adoptlon of
thlS resolutlon and thenceforth and thereafter the same shall be
1n full force and effect.
'.
APPROVED AS TO FO~~:
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ROBERT M. r1YERS U
Clty Attorney
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CA:RMM:SSS:bl
Councll Meetlng 10-20-81
Santa Monlca, Callfornla
RESOLUTION ~O. 6375
(Clty Caunell Serles)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA OPPOSING THE LOCATION
OF A LIOUID NATURAL GAS TER..."1INAL AT POI:JT
CONCEPTION
SECTION 1. Resolutlon No. 5055 (CCS) urglng the State
Publ1C Utll~ties COffimlSS10n to locate a L1quid Natural Gas
Terminal at Point Conception is hereby resc1uded and repealed.
SECTION 2. Because of the env1ronrnental r1sks assoc1ated
w1th the orolect and the hlstorlcal and rellqlolis slgn1ficance
of the slte to Natlve Amer1cans, the Clty Councll of the C1ty of
Santa Mon1ca ODnoses the construct1on of the LlqU1d Natural Gas
Term1nal at P01nt Conception.
SECTION 3. The Clty Clerk shall certlfy to the adoptlon of
th~s re~0lutlon and thenceforth and thereafter the same shall be
111 full force and effect.
APPROVED AS TO FORM:
f~'i~ k.~....--
ItOEE"R T H. flYERS ()
C1ty Attornev
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ADOPTED AND APPROVED THIS
20th
DAY
OF
October
, 1 981.
2J V ~j ~/_hO>
( .. ~ :.cr~(J
I HEREBY CERTIFY THAT THE FOREGOI~G RESOLUTIO~
6375
NO.
WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON
October 20
, 1981 BY THE FOLLOlJUW courKIL VaT::;
AYES:
COUNCILMEMBERS: Conn, Edwards, Pres~, Reed, Zane
Mayor Yannatta Goldway
rWES: CQJ~ICILt4ErtBERS: None
ABSENT: COUr~CIU1Ei1BERS: JennIngs
ABST A U~: cau ~IC I LHEr1B ERS: None
ATTEST:
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L0L'77 p//~~:C'6U~_
CITY CLERK
,
. TO:
II
Santa
Honica,
callf~a, ~ay 27,
1981
FROM:
Clty Staff
If' C-{'~'-7 / () A
c- JUN 9 1981
~ayor and C~ty Counell
SrBJECT:
Request of Llbrary Board to Support Senate Bill 358 (Nlelsen)
Introduction
Th~s report transmlts a resolution of the Santa Monica Llbrary Board
III support of Senate B1Il 358 (~~elsen) and a request for the City
Council's support.
Background
Senate B~ll 358, introduced by State Senator Jiw X~elsen (R-Woodland),
would fund a basic level of services ln publlC llbrar~es at the rate of
512.00 per capita.
Senator ~lelsen sponsored a s~Bllar measure in 1980
Wh1Ch successfully passed both houses of the leglslature before be1ng
vetoed by Governor Brown.
This funding blll lS badly needed by many
Jurlsdlctlons to help offset the Propositlon 13 losses 1n property tax
revenue which formerly funded the majority of pub11c library budgets.
S.B. 358 calls for an appropriatlon of $23 mllllon from the State's
general fund.
Partlclpatlon in the program is vol~ntary.
The local Jurlsdlct~on
desiring to partlc1pate must fund lts llbrary at the rate of $10.80
per capita (excluding capital expendltures) in order to be ellgible to
recelve 51.20 per caplta from the State.
Santa Mon1ca would recelve
$106,320 from the State lf the library's operatlng budget was at least
510.80 per caplta or $956,880.
(It lS currently funded for salarles,
supplies and expenses at $1,901,886.)
There are three other requlrements for partlclpat10n ln the progran.
The Jurlsdlction ~ust agree to fund the llbrary's operatlng budget
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JUN 9 E81
Mayor and City councljlt
Santa ~onica,
Cali~la, May 27,
1981
~
(mlnus capltal improvements) at least at the same level as the prevlous
fiscal year.
The funds received must be used to supplement and not
supplant local revenues.
Finally, the Ilbrary must agree to make ava11-
able the books and other materials acqulred or ma1ntalned as part of the
program to other librarles without charge.
S.B. 358 has been passed by the State Education and Finance Com-
ffilttees. It has next to go to the floor of the Senate and on to the
AsseTIbly.
It is plcking up many co-authors from both partles, among
them Senators Sleroty, Petrls, Watson, and Davls; and Assemblemen
Alatorre, Imbrecht. Torres, and Norman Waters.
Expresslons of support
from local ]urlsdictions are needed qU1ckly If the blll lS to be
successful.
llbrary Board Recommendation
The 11brary Board at its regular meeting of May 20, 1981, voted to
adopt the attached resolutlon in support of S.B. 358 and to urge the
Clty Councll to support it as well by whatever means the Council deems
appropriate.
Prepared by;
Attachment
Carol A. Aronoff, City L1brarian
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SANTA MONICA PUBLIC LIBRARY BOARD
RE: SB 358
A RISOLUTIOK IN S~PPORT OF SEXATI BILL 358, I~TRODUCED BY SE~ATOR
XIELSEN TO PROVIDE LONG-RAXGE FUNDING FOR prBLIC LIBRARIES
WHEREAS~ Public llbrarles provlde slgnlficant cultural~ educa-
tional, lnformatlon and recreatlon serVlces to people
of all ages; and
~HEREAS, Increaslngly restricted local govern~ent revenues are
leadlng to reductions III publlC Ilbrary servlces; and
WHEREAS, SB 358 presents a feaslble plan for state and local
sharlng of the costs of such services; and
WHEREAS~ It would be to the benefit of the cltizens of the
City of Santa ~onlca and State of Callfornla to do so~
therefore be lt
RESOLVED, That the Santa MOlllca Publlc Library Board express
thelr support of Senate Bill 358~ lntroduced by
Senator Nlelsen, in order that llbraries may contlnue
to provide the hlgh level of serVlce WhlCh the people
of thlS Clty have long supported and continue to value;
and be it further
RESOLVED, That thls resolutlon of support be transflltted to the
Santa ~onica Clty Counell wlth a request that they
pass a slmllar resolutlon In support.
ADOPTED by the Santa ~onlca PubllC Llbrary Board of the Santa
Monlca PubllC Library thlS 20th day of May, 1981.
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Rlchard Fall
Chalrman
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CA : R.1.1'.I . 1
COUDCll ~eetlng 6/16/81
San~a Mc~~ca, Californla
RESOLUTION NO. 6283
(City Council Series'
A RESOLUTION OF THE CITY COUNCIL OF THE
CI~Y OF SA~TA MO~ICA IN SUPPOR7 OF SE~ATE
B:!:LL XO. 358
WHEREAS, public librarles provide s~gniflcant cultural,
educatlonal, inforMatlon and r_~reation services to DeoD~e of
all ages; and
WHEREAS, lncreasingly restrlcted local government rever-ues
arL leading to reductions in publlC Ilbrary serVlces' and
WHEREAS, Senate Blll No. 358 presents a feaslble olan for
state and local sharlng of t~e costs of such serVlces; and
WHEREAS, It would 2 to the beneflt of the cltlzens of the
Clty of Santa Monlca and State of Callfornla to do so,
~ow, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MO ':CA
DOES HER.'. \' RESOLVE AS FOLL01t!S:
SFr::' - LO~ 1.
That the Clty Councll of the City of Santa
Monlca supports Senate Bl:l No. 358, 1ntroduced by Senctor N~elsenJ
In order that llbraries way contlnue to provlde the hlg~ level of
serVlce WhlC~ the people of thlS Clty have long SUDDorted and
contlnue to value.
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SECTION 2. The Clty Cler~ shall certify to the aCO?tlon
of th15 resolutlon, and thenceforth and thereafter the sa~e
shall be ln full force and effect.
APPROVED AS TO FO~V.:
"
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(l~,-M.~
R03:::R.T M. MYERS \)
C!..t:.y Attorney
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AnnDT~n J^~,J~ A9P~~L,iJ~D T~TS
_~ u I I-J f-\,~ Ii. 1.' _.1- . '.t.
16th
DAY
m=
. .
JU!le
J 1982..
1,./ /. J d..
J-c, V1-- L~v~:-~ (/~ -C;'\j--{'-~( ;~a1
/MAYO~~ I . )
t
I HEqEBY CERT:FY THAT THE FOREGOPJG ~~SOLt!T~OtL
[W. 6283(CC5) J HAS ~~LY AJJOPTEJ BY TL!E CITY COG~JCIL OF T~'E
CITY OF SA~nA ~10r.~ICA AT ,~ REGt1U\R r1EETU~G TH~r-:EOF HELJ o:~
June 16,
lqgl uy TU~ ~or' nl!I~lh ('()I!fi('Tl vnr"-t,
, ~_ .J.. ,-J I r _ ~_.... ,..... _ _ _ ~ _ ~ '- '-'. .
f,YES: CO~NC!U~P~BERS: Conn, FdloJards, Press, Zane and
~avor Yannatta Goldwav
,
:IOES: (DUNe I ~':Er~BEqS: Kone
P,BSE"!T: COU:JC I ~r1~~':!3ERS: J ennlng~ and Reed
ABSTf-\H~: COU~\ICIU~Ef'1BERS: t\one
ATTEST:
a~ .7;{ ~~
rTTY rll='RI/
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