City of Culver City, California
Agenda Item Report
Meeting Date: _08/17/09_ Item Number: A-1
CITY COUNCIL AGENDA ITEM: Consideration of the City’s Position on Resolutions
for the 2009 League of California Cities Annual Conference – September 16-18 in
San Jose - and Naming of a Voting Delegate and Alternate Voting Delegate for the
Conference.
Contact Person/Dept.: Shelly Wolfberg Phone Number: (310) 253-6008
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas - City Council (08/12/09)
Department Approval:
Martin R. Cole (08/10/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (08/12/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (08/12/09)
City Manager Approval:
Mark Scott (08/12/09)
RECOMMENDATION:
Staff recommends that the City Council consider the City’s position on Resolutions
for the 2009 League of California Cities (League) Annual Conference – September
16-18 in San Jose - and name a Voting Delegate and Alternate for the Conference.
BACKGROUND/DISCUSSION:
As in previous years, the League encourages each City Council to designate a
Voting Delegate and Alternate to represent their city at the Annual Business
Meeting. On June 5, 2009 the League sent a letter asking city councils to designate
their Voting Delegate and Alternate Voting Delegate (Attachment 1). The League
invites city participation in this annual League meeting to help develop League
policy. August 21, 2009 is the deadline to have the City Council designate a voting
delegate and up to two alternates.
Policy development is a key part of the League’s legislative effectiveness. The
League’s Annual Conference Resolutions process is one way that city officials can
directly participate in the development of League policy. As a matter of practice, the
League President refers resolutions to the League policy committees for review and
recommendation at the Conference. Resolutions are next considered by the
General Resolutions Committee (GRC), which consists of representatives from each
division, department, policy committee and individuals appointed by the League
President. Resolutions that are approved by the GRC and resolutions that are
approved by the policy committees, but not approved by the GRC, are next City of Culver City, California
Agenda Item Report
considered by the General Assembly. Resolutions approved by the General
Assembly become League policy. Other action on resolutions can be: Amend;
Disapprove; No Action; or Refer Back to a Policy Committee.
Resolutions to address late-breaking issues may be introduced by petition at the
Annual Conference. To qualify, a petitioned resolution must be signed by 10 percent
of the voting delegates (48 voting delegates) and submitted no more than 24 hours
before the beginning of the concluding general assembly. All qualified petitioned
resolutions are considered by the GRC and subsequently forwarded to the General
Assembly for consideration, regardless of the action recommended by the GRC.
At the Annual Conference, League Delegates will consider two resolutions
introduced by the July 17, 2009 deadline, which are included in Attachment 2 and
summarized below. The League encourages each City Council to consider the
resolutions and to determine a city position so that the Voting Delegate and
Alternate can represent its city’s position on each Resolution. The following is a
summary of the Resolutions:
1. Resolution Related to Social Host Liability – Adoption of this Resolution would
resolve that the League:
a. Support policies that hold social hosts responsible for underage drinking
that occurs on property under their possession, control, or authority; and
b. Oppose policies that make it easy for those who are underage to access
alcohol through adults, and on private property.
Relevance to Current Council Adopted Legislative Advocacy Program (2008):
The Legislative Advocacy Program (Advocacy Program) primarily addresses the
types of position the City Council may take with regards to types of legislation,
relating to various subject areas. While staff was able to find some limited guidance
from the Advocacy Program, the Advocacy Program does not directly address this
issue. Additionally, staff was unable to find this type of situation occurs in Culver
City with a significant need for enforcement action. Also, there are existing laws,
both State and local, that would most likely already apply to this type of situation
which would allow enforcement action to be taken. Therefore, Staff recommends
the City Council take no position on this resolution.
2. Resolution Urging City Governments and Others to Divest from Banks that Fail to
Cooperate with Foreclosure Prevention Efforts– Adoption of this Resolution
would resolve that the League:
a. Support the City of Los Angeles and other member cities to explore the
potential divestiture of all deposits in banking and other financial
institutions that fail to cooperate with foreclosure prevention efforts that
include temporary moratoriums on foreclosures, renegotiation of mortgage City of Culver City, California
Agenda Item Report
principles to reflect current values, and good faith negotiations with
mortgagees; and
b. Support City retirement programs and other similar organizations which
adopt a similar divestiture policy; and
c. Request the National League of Cities to consider adoption of a similar
resolution.
Relevance to Current Council Adopted Legislative Advocacy Program (2008):
The Advocacy Program has a position statement to oppose any legislation that
would reduce the City’s autonomy and flexibility in dealing with the financing of
public service. It would appear that a support position may reduce the City’s
flexibility in this area. Staff recommends the City Council take no position on this
resolution.
The City Council may take a position of support, oppose, or no position at all. The
Voting Delegate or any City representative at the General Assembly meeting may
also comment on the resolutions. These resolutions are not legislation; however
there is a potential that they could become pieces of legislation in the future. The
City Council could take a position on a bill at a later date, once more details are
known.
Designation of a Voting Delegate and up to two Alternate Delegates
Staff recommends the City Council designate one of its members as the Voting
Delegate and up to two of its members as the Alternate Delegates. The Voting
Delegate (and either alternate if the Voting Delegate is not available) may cast the
City’s vote during the League’s General Assembly held as part of the Annual
Conference.
FISCAL ANALYSIS:
There is no fiscal impact to take positions on the Resolutions or to assign a Voting
Delegate and Alternate Voting Delegate(s). However, at some point in the future,
implementation of specific programs or projects as recommended in the resolutions
may result in a financial impact to the City. As specific programs and/or projects
arise, a fiscal analysis of implementing those programs/projects will be provided.
City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. June 5, 2009 League of California Cities Letter regarding Designation of Voting
Delegate and Alternates for the 2009 League Annual Conference – September
16-18, San Jose.
2. July 24, 2009 League of California Cities Letter regarding 2009 Annual
Conference Resolutions packet.
MOTION:
That the City Council:
1.A. (Staff Recommendation) Take no position on the League of California Cities
Resolution relating to social host liability;
OR
1.B. Adopt a City Position on the League of California Cities Resolution relating to
social host liability; and,
2.A. (Staff Recommendation) Take no position on the League of California Cities
Resolution relating to divesting from banks/financial institutions that fail to cooperate
with foreclosure prevention efforts;
OR
2.B. Adopt a City Position on the League of California Cities Resolution relating to
divesting from banks/financial institutions that fail to cooperate with foreclosure
prevention efforts; and,
3. Designate _____________ as the Voting Delegate for the 2009 League Annual
Conference on September 16-18, 2009 in San Jose; and
4. Designate _______________ as an Alternate Voting Delegate and
_______________ as an Alternate Voting Delegate for the 2009 League Annual
Conference on September 16-18, 2009 in San Jose.
MEETING DATE: August 17, 2009
AGENDA ITEM: Consideration of the City's Position on Resolutions for
the 2009 League of California Cities Annual
Conference — September 16-18 in San Jose - and
Naming of a Voting Delegate and Alternate Voting
Delegate for the Conference.
ATTACHMENTS
Pages
1. June 5, 2009 League of California Cities Letter 1-4
regarding Designation of Voting Delegate and
Alternates for the 2009 League Annual
Conference — September 16-18, San Jose.
2. July 24, 2009 League of California Cities Letter
5-14
regarding 2009 Annual Conference Resolutions
packet.LEAGU
• OF CAL1.FORN [A.
[ES
Affa0
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
wvvw.cacities .o rg
Council Action Required by August 21, 2009
June 5, 2009
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference — September 16-18, San Jose
The League's 2009 Annual Conference is scheduled for September 16-18 in San Jose. An
important part of the Annual Conference is the Annual Business Meeting, scheduled for 3:15 p.m.,
Friday, September 18, at the San Jose Convention Center. At this meeting, the League
membership considers and takes action on resolutions that establish League policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting
delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote
in the event that the designated voting delegate is unable to serve in that capacity.
In order to establish voting delegate/alternates' records prior to the conference, please
complete the attached Voting Delegate form and return it to the League's office no later
than Friday, August 21, 2009.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting.
• Action by Council Required. Consistent with League bylaws, a city's voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution that
reflects the council action taken, or have your city clerk or mayor sign the form affirming
that the names provided are those selected by the city council. Please note that
designating the voting delegate and alternates must be done by city council action and
cannot be accomplished by individual action of the mayor or city manager alone.
• Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference; they
may register for Friday only. In order to cast a vote, at least one person must be present
at the Business Meeting and in possession of the voting delegate card. Voting delegates
and alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the Voting Delegate Desk. This will enable them to receive
the special sticker on their name badges that will admit them into the voting area during
the Business Meeting.
-more-o Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates, but
only between the voting delegate and alternates. If the voting delegate and alternates find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with
the voting card will sit in a separate area. Admission to this area will be limited to those
individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at
the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the San Jose
Convention Center, will be open at the following times: Wednesday, September 16, 10:00 a.m.;
Thursday, September 17, 7:30 a.m.; and September 18, 7:30 a.m. The Voting Delegate Desk
will also be open at the Business Meeting, but not during a roll call vote, should one be
undertaken.
The voting procedures that will be used at the conference are attached to this memo. Please
share these procedures and this memo with your council and especially with the individuals that
your council designates as your city's voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by Friday, August 21st. If you have questions, please call Mary McCullough
at (916) 658-8247.
Attachments:
• 2009 Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
2,EAGUE
• OF CALI I: OR.N1A
L. t. .t.
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Annual Conference Voting Procedures
2009 Annual Conference
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the League Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick
up the city's voting card at the Voting Delegate Desk in the conference registration area.
Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will
receive a special sticker on their name badge and thus be admitted to the voting area at the
Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates) and who have picked up their city's voting card by providing a signature to
the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a
resolution.
5. Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee. The voting card may be
transferred freely between the voting delegate and alternates, but may not be transferred to
another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card
will sit in a separate area. Admission will be limited to those individuals with a special
sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
3AGUE
CPJ1 FORN!A
C r—T ES -
FAX: (916) 658-8240
E-mail: mccullom@cacities.org
(916) 658-8247
VotingDelegateLetter09.dac
League of California Cities
ATTN: Mary McCullough
1400 K Street
Sacramento, CA 95814
CITY:
2009 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Friday, August 21, 2009.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in
the Annual Conference Registration Area. Your city council may designate one voting
delegate and up to two alternates.
In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by
your city council. Please attach the council resolution as proof of designation. As an alternative, the
Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the
council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business
Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates)
who are identified with a special sticker on their conference badge. This sticker can be obtained only at
the Voting Delegate Desk.
1. VOTING DELEGATE
Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE
AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: E-mail Title: Phone: Date:
Please complete and return by Friday, August 21 to:fittaiinuni-2
LEA
OF CALI.FORMA
CITIES
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
vvww.cacities.org
July 24, 2009
TO: Mayors, City Managers and City Clerks
League Board of Directors
General Resolutions Committee Members
Members, League Policy Committees to Which Resolutions Are Referred
RE: Annual Conference Resolutions Packet
Notice of League Annual Meeting
Enclosed please find the 2009 Annual Conference Resolutions Packet.
Annual Conference in San Jose. This year's League Annual Conference will be held September
16-18 at the San Jose Convention Center. The conference announcement has previously been sent
to all cities and we hope that you and your colleagues will be able to join us. More information
about the conference is available on the League's Web site at www.cacities.omiac. We look
forward to welcoming city officials to the conference.
Annual Business Meeting - Friday, September 18, 3:15 p.m. The League's Annual Business
Meeting will be held at the San Jose Convention Center, Exhibit Hall 1
Resolutions Packet. At the Annual Conference, the League will consider the two resolutions
introduced by the deadline — Friday, July 17, 2009, 5 p.m., for submittals by regular mail, or
Saturday, July 18, midnight, for submittals by e-mail or fax. These resolutions are included in this
packet. We request that you distribute this packet to your city council.
We encourage each city council to consider the resolutions and to determine a city position so that
your voting delegate can represent your city's position on each resolution. A copy of the resolutions
packet is posted on the League's Web site for your convenience: www.cacities.orEiresolutions.
This resolutions packet contains additional information related to consideration of the resolutions
at the Annual Conference, This includes the date, time and location of the meetings at which
resolutions will be considered.
Voting Delegates. Each city council is encouraged to designate a voting delegate and two alternates
to represent their city at the Annual Business Meeting. A letter asking city councils to designate their
voting delegate and two alternates has already been sent to each city. Copies of the letter, voting
delegate form, and additional information are also available at: www.carities.orilfresolutions.
Please Bring This Packet to the Annual Conference
September 16-18 San JoseI.
INFORMATION AND PROCEDURES
RESOLUTIONS CONTAINED IN THIS PACKET: This year, two resolutions have been
introduced for consideration by the Annual Conference and referred to the League policy
committees. The League bylaws provide that resolutions shall be referred by the president to an
appropriate policy committee for review and recommendation. Resolutions with committee
recommendations shall then be considered by the General Resolutions Committee at the Annual
Conference.
POLICY COMMITTEES: Two policy committees will meet at the Annual Conference to consider
and take action on resolutions referred to them. They are: Public Safety and Revenue and Taxation.
Both committees will meet at 11 a.m. on Wednesday, September 16, 2009 at the Marriott San Jose,
located next to the San Jose Convention Center. Please see page iii for the policy committee meeting
schedule. The sponsors of the resolutions have been notified of the time and location of the meetings.
In addition, one policy committee, Employee Relations, will meet at the Annual Conference even
though a resolution was not referred to them.
GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 4:00 p.m. on Thursday,
September 17, at the Marriott San Jose, Salon IV - VI, to consider the reports of the two policy
committees regarding the two resolutions. This committee includes one representative from each of
the League's regional divisions, functional departments, standing policy committees, as well as other
ANNUAL BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at
3:15 p.m. on Friday, September 18, at the San Jose Convention Center, Exhibit Hall 1.
PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline,
a resolution may be introduced at the Annual Conference with a petition signed by designated
voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to
the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual
Business Session of the General Assembly. This year, that deadline is 3:15 p.m., Thursday,
September 17. If the petitioned resolution is substantially similar in substance to a resolution
already under consideration, the petitioned resolution may be disqualified by the General
Resolutions Committee.
Resolutions can be viewed on the League's Web site: www.cacities.orgiresolutions.
Any questions concerning the resolutions procedure may be directed to Linda Welch Hicks at the
League office: lhicksO)cacities.org or (916) 658-8224.II
IL
GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within the League. The principal means for
deciding policy on the important issues facing cities and the League is through the League's eight
standing policy committees and the board of directors. The process allows for timely consideration of
issues in a changing environment and assures city officials the opportunity to both initiate and
influence policy decisions.
Annual conference resolutions constitute an additional way to develop League policy. Resolutions
should adhere to the following criteria.
Guidelines for Annual Conference Resolutions
I. Only issues that have a direct bearing on municipal affairs should be considered or adopted at
the Annual Conference.
2. The issue is not of a purely local or regional concern.
3. The recommended policy should not simply restate existing League policy.
4. The resolution should be directed at achieving one of the following objectives:
(a) Focus public or media attention on an issue of major importance to cities.
(b)
Establish a new direction for League policy by establishing general principals around
which more detailed policies may be developed by policy committees and the Board of
Directors_
(c) Consider important issues not adequately addressed by the policy committees and Board
of Directors.
(d) Amend the League bylaws (requires 2/3 vote at General Assembly).IlL
LOCATION OF MEETINGS
Policy Committee Meetings
Wednesday, September 16, 2009
Marriott San Jose
301 South Market Street, San Jose, CA 95113 — (408) 280-1300
(Located next to the San Jose Convention Center)
POLICY COMMITTEES MEETING AT ANNUAL CONFERENCE TO
DISCUSS AN ANNUAL CONFERENCE RESOLUTION *
11 a.m. 12:30 p.m.
* Public Safety — Salon IV
* Revenue and Taxation — Salon III
Note: Employee Relations will also meet,
but they have no resolution to consider — Salon I
Note: These committees will NOT meet at the Annual Conference:
Administrative Services; Community Services; Environmental Quality;
Housing, Community & Economic Development; and
Transportation, Communication & Public Works
General Resolutions Committee
Thursday, September 17, 2009,4:00 p.m.
Marriott San Jose, Salon IV-VI
301 South Market Street, San Jose, CA 95113 — (408) 280-1300
(Located next to the San Jose Convention Center)
Annual Business Meeting and General Assembly
Friday, September 18, 2009, 3:15 p.m.
San Jose McEnery Convention Center, Exhibit Hall 1
150 West San Carlos Street, San Jose, CA 95113 —(408) 295-9600IV.
KEY TO ACTIONS TAKEN ON RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
Number Key Word Index
Reviewing Body Action|1010| 3
I - Policy Committee Recommendation
to General Resolutions Committee
2 - General Resolutions Committee
3 - General Assembly
PUBLIC SAFETY POLICY COMMITTEE|1010| 3|1010| Social Host Liability
REVENUE AND TAXATION POLICY COMMITTEE|1010| 3|1010| Divesting From Banks/Financial Institutions That Fail To
Cooperate With Foreclosure Prevention Efforts
Please note: One policy committee, Employee Relations, without a resolution will still meet. Notification will
be mailed to all eonunittee members. Information will also be posted on each committee's page on the League
Web site: www.cacities.org .
RESOLUTIONS INITIATED BY PETITION AT THE ANNUAL CONFERENCE
General
Resolutions
General
Committee
Assembly
Recommendation
Action
iv
9KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued)
KEY TO REVIEWING BODIES
1. Policy Committee
2. General Resolutions Committee
3. General Assembly
Action Footnotes
* Subject matter covered in another resolution
** Existing League policy
*** Local authority presently exists
KEY TO ACTIONS TAKEN
A - Approve
D - Disapprove
N - No Action
R - Refer to appropriate policy committee for
study
a Amend
Aa - Approve as amended
Aaa - Approve with additional amendment(s)
Ra - Amend and refer as amended to
appropriate policy committee for study
Raa - Additional amendments and refer
Da - Amend (for clarity or brevity) and
Disapprove
Na Amend (for clarity or brevity) and take No
Action
W - Withdrawn by Sponsor
Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified
petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the
following procedure for resolutions approved by League policy committees but not approved by the General
Resolutions Committee:
Resolutions initially recommended for approval and adoption by all the League policy committees to which
the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the
General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General
Assembly. The consent agenda shall include a brief description of the basis for the recommendations by both
the policy committee(s) and General Resolutions Committee, as well as the recommended action by each.
Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the
opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for
debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the
resolution.
10V.
2009 ANNUAL CONFERENCE RESOLUTIONS
RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE
I. RESOLUTION RELATING TO SOCIAL HOST LIABILITY
Source: City of Elk Grove
Referred to: Public Safety Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, underage persons often obtain alcoholic beverages at gatherings held at private
residences or at rented residential and commercial premises that are under the control of a person who
knows or should know of the underage service and/or consumption of alcohol; and
WHEREAS, loud or unruly parties on private property where alcoholic beverages are served to,
or consumed by an underage person, are harmful to the underage person themselves and are a threat to
public health, safety, quiet enjoyment of residential property and general welfare, and constitute a public
nuisance; and
WHEREAS, persons responsible for the occurrence of loud or unruly parties on private property
over which they have possession or control have a duty to ensure that alcoholic beverages are not served
to, or consumed by underage persons; and
WHEREAS, adults who provide alcohol to adolescents explicitly indicate an approval of
underage alcohol use; and
WHEREAS, law enforcement, fire, or other emergency responders repeatedly respond to underage
drinking parties, resulting in a disproportionate expenditure of public safety resources on these parties,
delaying police responses to other emergency calls throughout the community; and
WHEREAS, law enforcement has inadequate enforcement authority and resources to respond to
underage drinking on private property; and
WHEREAS, cities and counties require a variety of enforcement strategies to abate underage
drinking parties; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual
Conference in San Jose, September 18, 2009, that the League support policies that hold social hosts
responsible for underage drinking that occurs on property under their possession, control, or authority;
and, be it further
RESOLVED, that the League also oppose policies that make it easy for those who are underage
to access alcohol through adults, and on private property.
1111111111|1010| 11Background Information on Resolution No. 1
Source: City of Elk Grove
Title: Resolution Relating to Social Host Liability
Background:
The City of Elk Grove is located just south of the state capital of Sacramento. According to the 2007 U.S.
Census, the City's population was estimated at 140,000. After incorporating in July of 2000, for six years
the City contracted with the Sacramento County Sheriff's Department for police services; however in
2006, the City formed its own police department and began serving this rapidly growing community
Since the Department's inception, the city has continued to grow in size, leading to an increasing need for
additional officers to patrol the streets, investigate crimes, and respond to calls for service.
Between January 1, 2007 and December 31, 2008, the Elk Grove Police Department (EGPD) responded
to more than 2,000 reports of loud and unruly parties, noise and/or music at private residences. The
majority of these calls involved persons under the age of 21 who were consuming alcohol. This is a
dangerous combination not only for those participating and in attendance, but also for surrounding
neighbors, the community, and law enforcement personnel.
Underage drinking and unruly parties lead to an array of problems such as; alcohol related traffic
accidents, gang activity, fights, noise disturbances, sexual assault, property damage, and other forms of
crime. When law enforcement personnel responds to gatherings involving the consumption of alcohol by
minors, it takes away valuable resources from other service calls in the community, thereby placing the
community at an increased risk. Additionally, adults who give alcohol to minors are explicitly approving
underage drinking while showing a complete disregard for the law, the well-being of minors, and the
community as a whole.
Currently, law enforcement is somewhat limited in its authority to control what occurs on private
property. California state law prohibits furnishing alcoholic beverages to underage persons; however, the
law does not address the consequences when a minor possesses or consumes alcohol while on private
property, or when such alcohol consumption is done with the consent of an adult, parent, relative, or legal
guardian.
When law enforcement officers receive a complaint regarding an unruly party or event on private
property where underage drinking is occurring; it is extremely difficult to take any action that results in
the responsible individual or host being held accountable. Furthermore, law enforcement, fire and
emergency response services are not currently reimbursed for the costs associated with responding to a
location where minors obtain, possess, and consume alcoholic beverages.
The goal of Social Host Liability is: 1) to protect public health, safety and general welfare; 2) provide a
legal means of prohibiting the service to and consumption of alcoholic beverages by minors on private
property; and 3) to reduce the costs of providing law enforcement, fire, and other emergency response
services to premises where alcoholic beverages are being served to or consumed by minors,
>>>>>>>>>>
IL
2RESOLUTION REFERRED TO REVENUE AND TAXATION POLICY COMMITTEE
2. RESOLUTION URGING CITY GOVERNMENTS AND OTHERS TO DIVEST FROM
BANKS THAT FAIL TO COOPERATE WITH FORECLOSURE PREVENTION
EFFORTS
Source: Richard Alarcon, Council Member, Los Angeles
Referred to: Revenue and Taxation Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, there is currently a financial crisis in our nation, where people are losing their jobs
and homes and no longer have the financial security that was once possible and which contributed to the
growing prosperity of our economy; and
WHEREAS, this crisis is affecting communities at all levels, with working class communities the
most severely affected, as they were often explicitly targeted and preyed upon by lenders and brokers
offering unconventional loans and financing options; and
WHEREAS, as the local, state, and federal governments work on resolving the current
foreclosure crisis, one of the key factors that must be addressed is the modification of loans that are
"upside-down," and which need to be modified to the current market value of the home, not the original
loan amount, so that homeowners facing foreclosure receive true relief from the burden of the loans they
were unjustly pushed into by aggressive lenders and brokers; and
WHEREAS, currently, there is active pressure on financial institutions to modify loans for
homeowners susceptible to foreclosure by reducing the principal to the current market value and many
financial institutions are not inclined to do this, particularly with no financial incentive; and
WHEREAS, as with local government, financial institutions have an obligation in assisting their
customers to preserve the American Dream; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities, assembled in the
Annual Conference in San Jose, September 18, 2009, that the League support the City of Los Angeles,
and other member cities, to explore the potential divestiture of all deposits in banking and other financial
institutions that fail to cooperate with foreclosure prevention efforts that include temporary moratoriums
on foreclosures, renegotiation of mortgage principles to reflect current values, and good faith negotiations
with mortgagees; and, be it further
RESOLVED, that the League of California Cities also support City retirement programs and
other similar organizations which adopt a similar divestiture policy; and, be it further
RESOLVED, that the League of California Cities request the National League of Cities to
consider adoption of a similar resolution.
MINN|1010| 134
Background Information on Resolution No. 2
Source: Richard Alarcon, Council Member, Los Angeles
Title: Resolution Relating to City Governments And Others To Divest From Banks
That Fail To Cooperate With Foreclosure Prevention Efforts
Background:
The foreclosure crisis in America today is profound. In 2008, about I million homes were foreclosed.
With rising unemployment, this trend is only projected to continue. While foreclosure is devastating to
homeowners, it also harms property values, neighborhood safety and government revenue. Local
governments are hit especially hard by the foreclosure crisis due to the decrease in property taxes
collected, as well as costs related to foreclosures — particularly for safety. A single foreclosure costs up to
$34,000 for local government agencies, through inspections, court actions, police and fire department
efforts, potential demolition, unpaid water and sewage, and trash removal. Foreclosures eat up money that
could have been available for housing, transportation, parks and recreation, public safety, etc.
It is therefore incumbent on cities to take action to protect their communities and their finances. Cities
must step in to force financial institutions to be responsible neighbors and protect the property from
vandalism, return it to the market quickly, and find a buyer. Doing this remediation work is difficult but
many cities have already been at work on solutions for the last two years. Unfortunately, the key
"partner" in this work — the financial institutions holding the property title — have in many cases not
upheld their side of the bargain. So what can cities do when the title holding bank will not cooperate?
Cities can and should use their financial clout and divest their funds from financial institutions which do
not cooperate with foreclosure prevention and remediation efforts, thus providing pressure for these
groups to change their policies.
Earlier this year Councilmember Alarcon introduced a motion in the City of Los Angeles to do just that.
The idea came from his effort in 1998 to assist Holocaust victims and their heirs in seeking restitution
from the Swiss government and banks for money and assets confiscated during WWII. After the
Councilmember introduced a motion to have the City of Los Angeles divest all funds from Swiss banks,
negotiations involving the banks and the World Jewish Congress began and ultimately resulted in a
settlement of $1.25 billion later that year. If it worked then, it can work now.
It is Councilmember Alarcon's belief that if cities all around California were to take action and begin the
process towards divestment, it would result in banks and other financial institutions, which do not
currently work with foreclosure prevention efforts, to reverse their policies. This could help thousands of
families throughout California and put us back on track to a prosperous economy.
>>>>>>>>>>
(NOTE: No resolutions were assigned to the following policy committees: Administrative Services;
Community Services; Employee Relations; Environmental Quality; Housing, Community &
Economic Development; and Transportation, Communication & Public Works.]
1111########