04 Staff Report - California Cities Annual Conferencetow N o,MEETING DATE: 8/21/2006
ITEM NO:
2y•4u
toS GA. COUNCIL AGENDA REPORT
DATE: AUGUST 11, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: APPOINT MAYOR DIANE MCNUTT AS THE PRIMARY VOTING
DELEGATE AND DEBRA FIGONE, TOWN MANAGER AND JENNY
HARUYAMA, ADMINISTRATIVE PROGRAMS MANAGER AS
ALTERNATE VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER 6-9,2006
IN SAN DIEGO, CALIFORNIA
RECOMMENDATION:
Appoint Mayor Diane McNutt as the primary voting delegate and Debra Figone, Town Manager
and Jenny Haruyama, Administrative Programs Manager as alternate voting delegates for the
League of California Cities Annual Conference scheduled for September 6-9, 2006 in San Diego,
California.
PURPOSE:
The purpose of this report is to recommend a primary and alternate voting delegate for the
League of California Cities Annual. Conference, scheduled for September 6-9, 2006 in San
Diego, California. This report was originally deferred from the Monday, August 5, 2006 Council
Consent Calendar to address scheduling conflicts and provide an alternate recommendation.
BACKGROUND:
Each year the League of California Cities conducts an annual conference to discuss key
legislative, social, fiscal, and service issues affecting California communities. One important
aspect of the confer is its ual business meeting where the League membership takes
PREPARED BY: OAMA
ograms Manager
PSJ:pg
N:\MGRUHaruyama\StaffReports\2006 League Voting Delegates.doc
Reviewed by: , Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPOINT MAYOR DIANE MCNUTT AS THE PRIMARY VOTING
DELEGATE AND DEBRA FIGONE, TOWN MANAGER AND JENNY
HARUYAMA, ADMINISTRATIVE PROGRAMS MANAGER AS
ALTERNATE VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE SCHEDULED FOR SEPTEMBER 6-9,2006
IN SAN DIEGO, CALIFORNIA
August 11, 2006
action on conference resolutions. Annual conference resolutions guide cities and the League in
efforts to improve the quality, responsiveness, and vitality of local government in California.
__-DISCUSSION:
To expedite the annual business meeting, participating cities/towns have been asked to designate
a primary and alternate voting representative for voting purposes. League by-laws indicate that
each city/town is entitled to one vote in matters affecting municipal or League policy.
Due to scheduling conflicts, a Council alternate voting delegate is not available. The Mayor has
recommended that Debra Figone, Town Manager and Jenny Haruyama, Administrative
Programs Manager serve as alternate voting delegates. Staff has confirmed with the League that
under these circumstances, it is acceptable to designate an appointed official or staff member as
an alternate voting delegate in the event that an elected official is not available.
Attached are the proposed conference resolutions. In the past, staff has provided Council with a
resolution analysis and position recommendation when resolutions are considered to be
substantive. Staff has determined that the attached resolutions are not substantive and
recommends that the Town's voting delegate determine the Town's position based on resolution
discussion and feedback at the League Annual Business Meeting.
FISCAL IMPACT:
There is no fiscal impact associated with the Council appointment of a primary and alternate
voting delegate for the League of California Cities Annual Conference.
Attachments:
Attachment No 1: 2006 League of California Cities Resolutions
LEI.. E
CITIES
July 19, 2006
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
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 2006 Annual Conference Resolutions packet.
Annual Conference in San Diego. This year's League Annual Conference will be held
September 6-9 at the San Diego 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 website at
www.cacities.org/ac. We look forward to welcoming city officials to the conference.
Annual Business Meeting - September 9, 8:30 a.m. The League's Annual Business Meeting
will be held on Saturday, September 9, 8:30 a.m. at the Marriott Marina Hotel, located adjacent to
the San Diego Convention Center.
Resolutions Packet. At the Annual Conference, the League will consider the four resolutions, .
introduced by the July 10 deadline and 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 and alternate can represent your city's position on each. A copy of the
resolutions packet is posted on the League's website for your convenience:
www.cacities.org/resolutions.
The 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 alternate to
represent their city at the Annual Business Meeting. A letter asking city councils to designate
their voting delegate and alternate has already been sent to each city. We invite your city's
participation in this important League meeting to,help develop League policy.
Please Bring This Packet to the Annual Conference
September 6 - 9, San Diego
ATTACHMENT 1
- I.
INFORMATION AND PROCEDURES
RESOLUTIONS CONTAINED IN THIS PACKET. This year, four 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 referred to the
General Resolutions Committee at the Annual Conference.
POLICY COMMITTEES. Three policy committees will meet at the Annual Conference on Wednesday,
September 6, at the Marriott Marina Hotel, located adjacent to the Convention Center. The Administrative
----Services-Policy Committee -will--meet-from10:30-a:m: Noon.,-and-the-C-ommunity-Services-and Pubiic-Safety -
.Policy Committees will meet from 1 - 2:30 p.m. The sponsors of the resolutions were notified of the time and
location of the meeting. Please see page iii for the meeting schedule.
THE GENERAL RESOLUTIONS COMMITTEE will meet at 1:30 p.m., on Friday, September 8,
at the San Diego Convention Center to consider the reports of the three policy .committees regarding the
four resolutions. This committee includes one representative from each of the League's regional divisions,
functional departments, and standing policy committees, as well as additional city officials appointed by
the League president.
THE CONCLUDING GENERAL SESSION/ ANNUAL BUSINESS MEETING will convene at 8:30
a.m. on Saturday, September 9, at, the Marriott Marina Hotel, San Diego.
PETITIONED RESOLUTIONS. For those issues that develop after the normal 60-day deadline, a
resolution may be introduced with a petition signed by designated voting delegates of 10 percent of all
member cities (48 valid signatures required) and presented to the Voting Delegates Desk no later than 24
hours prior to the time set for convening the Annual Business Session of the General Assembly. This year,
the deadline is 830 a.m., Friday, September 8. If the parliamentarian finds that a petitioned resolution is
substantially similar in substance to a resolution already under consideration, the petitioned resolution
will be disqualified by the General Resolutions Committee.
Resolutions can be viewed on the League's website: www.cacities.oreresolutions.
Any questions concerning the resolutions procedure should be directed to Linda Welch Hicks at the League
office: lhicksgcacities.org or (916) 658-8224.
II.
GUIDELINES FOR ANNUAL
CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within the League. The principal means for deciding
policy on the important issues facing cities and the League is through the 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-fo-kAnnual-Conference Resolutions-
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.
ii
III.
LOCATION OF MEETINGS
p` ti4 f ~ =i
Policy Committee Meetings
Wednesday, September 6, 2006
Marriott Marina Hotel
(Located adjacent to the Convention Center)
333 W. Harbor Drive
San Diego, CA 92101
(619) 234-1500
10:30 a.m. - Noon
Administrative Services
1- 2:30 p.m.
Community Services
Public Safety
Note: The following committees will NOT meet as there were no resolutions referred to
them: Employee Relations; Environmental Quality; Housing, Community & Economic
Development; Revenue and Taxation; Tranportation, Communication & Public Works
_6
General Resolutions Committee
Friday, September 8, 2006,1:30 p.m.
San Diego Convention Center
111 W. Harbor Drive
San Diego, CA 92101
(619) 525-5000
-c6
Concluding General Session/Annual Business Meeting
Saturday, September 9, 2006, 8.30 a. m.
Marriott Marina Hotel
(Located adjacent to the Convention Center)
333 W. Harbor Drive
San Diego, CA 92101
(619) 234-1500
iii
IV.
KEY TO ACTIONS TAKEN ON RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
Number Key Word Index Reviewin Body Action
1 2 3
1 - Policy Committee Recommendation
to General Resolutions Committee
2 - General Resolutions Committee
3 - General Assembly
ADMINISTRATIVE SERVICES POLICY COMMITTEE
1 2 3
1 Annual Conference Resolutions Procedures
2 Alternate Voting Delegates - Bylaws Amendment
COMMUNITY SERVICES POLICY COMMITTEE
1 2 3
3 Health and Wellness in Cities
PUBLIC SAFETY POLICY COMMITTEE
1 2 3
4 Forfeiture of Vehicles Used in Illegal Speed Contests
and Exhibitions of Speed
NOTE: NO RESOLUTIONS WERE ASSIGNED TO THESE POLICY COMMITTEES:
Employee Relations Revenue and Taxation
Environmental Quality Transp., Communication & Public Works
Housing, Comm. & Economic Dev.
RESOLUTIONS INITIATED BY PETITION
General
Resolutions General
Committee Assembly
Recommendation Action
iv
KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued)
KEY TO REVIEWING BODIES
1. Policy Committee
2. General Resolutions Committee
3. General Assembly
KEY TO ACTIONS TAKEN
A - Approve
D - Disapprove
N - No Action
R - Refer to appropriate policy committee for
Action Footnotes
* Subject matter covered in another resolution
Existing League policy
Local authority presently exists
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.
Every resolution 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 bases 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.
v
V
2006 ANNUAL CONFERENCE RESOLUTIONS
RESOLUTIONS REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE
1. RESOLUTION RELATING TO ANNUAL CONFERENCE RESOLUTION
PROCEDURES
Source: League Board of Directors
Referred to: Administrative Services Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, in November 2005, the League Board of Directors authorized the League President
to appoint a committee consisting of board members and others to review the League's Annual
Conference Resolution process and to recommend any changes; and
WHEREAS, the committee identified several opportunities to improve the resolutions process,
which range from substantive changes to technical clarifications; and
WHEREAS, these recommendations were considered by the League's Administrative Services
Policy Committee and Board of Directors; and
WHEREAS, because any policies included in a resolution approved by the membership would
not take effect until after the close of the 2006 Annual Conference, the League Board of Directors has
adopted these recommendations as policies on an interim basis for the 2006 Annual Conference
Resolution process; and
WHEREAS, the League Board of Directors proposes this Annual Conference Resolution to
provide League member cities the opportunity to review and approve the changes proposed for 2007 and
beyond; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in San Diego, September 9, 2006, that the following policies be adopted to guide the
League's Annual Conference Resolutions Process.
1. Debate During Consideration of Resolutions
A. At policy committees, the General Resolutions Committee and General Assembly, the
presiding officials shall have the option to set time limits on speakers and request that
speakers not repeat statements made by previous speakers.
B. City officials who are League members and others shall be permitted to speak at policy
committee meetings when policy committees are considering resolutions. Only League
members shall be permitted to speak at the General Resolutions Committee. However, if a
League member requests, through the chair, that a non-member individual be permitted to
speak to a resolution, the chair may permit that individual to briefly address the Committee.
Only League members shall be permitted to speak at the General Assembly.
2. Moving Resolutions through the General Resolutions Process
A. The League reaffirms its policy adopted in 1998 by Annual Conference Resolution #2, that
those resolutions that are approved by a policy committee or committees to which they
were assigned but not approved by the General Resolutions Committee shall move forward
to the General Assembly on a separate consent calendar.
B. All petitioned resolutions meeting the requirements of the League bylaws shall move from
the General Resolutions Committee to the General Assembly, regardless of the
recommendation of the General Resolutions Committee.
C. For all other resolutions, only those that are approved by the General Resolutions
Committee shall move forward to the General Assembly for consideration.
3. Credentials Committee
A. -The resident of the City Attornysepartmentsh-all recommend to the League resident a
city attorney to serve as an advisor to the credential committee to assist them in resolving
credentials or voting eligibility questions.
4. Policy Regarding Advocacy Positions
A. The League reaffirms its 1953 policy regarding League positions on ballot measures and
legislation:
The League should "...take action only on matters that are of broad municipal
interest, [emphasis in original]. In other words, it is preferable that the League act
only on those matters that are of concern to a large number of cities, rather than to
the cities of a given area or to an individual city. Similarly, it is unsound for the
League to take an active position on a subject when the cities in the state are about
equally divided on each side of the issue. It has been the attitude of the board to
attempt to resolve these issues so that a large majority of cities are on one side or
the other."
5. Voting Procedures
A. The configuration of the room in which the General Assembly is held shall be arranged so
that the voting delegates and alternates are seated in one area of the. room and the other
attendees are seated in an other area of the room; and
B. Only those voting delegates and alternates with the appropriate identifying stamps on their
conference name badges shall be admitted to the voting delegate area of the General
Assembly.
6. Amendments of Petitioned Resolutions
A. The General Resolutions Committee may not make amendments to petitioned resolutions;
B. If the General Resolutions Committee wishes, it may recommend by a majority vote to the
General Assembly technical or clarifying amendments to a petitioned resolution;
C. Substantive amendments that change the intent of the petitioned resolution may only be
. . adopted by the General Assembly.
2. RESOLUTION RELATING TO THE NUMBER OF ALTERNATE VOTING
DELEGATES A CITY MAY DESIGNATE - BYLAWS AMENDMENT
(2/3rds vote required to approve)
Source: League Board of Directors
Referred to: Administrative Services Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, the General Assembly at the League of California Cities' Annual Conference is an
opportunity for League members to shape League policy; and
WHEREAS, the League bylaws provide that each League member city has one vote at the
General Assembly; and
Wa3EREAS, to-exercise_this_-right to vote_at the_GeneralAssembly_,-the-League-b_y_laws-require that the city council in each League member city designate a voting delegate to represent it; and
WHEREAS, to provide for any unforeseen inability of the city's voting delegate to attend.the
General Assembly, the bylaws.also allow the city council in.each League member city to designate an
alternate voting delegate; and
WHEREAS, periodically a number of cities have found themselves in a situation in which neither
their voting delegate nor their alternate was able to attend the General Assembly; and
WHEREAS, the League desires that all member cities participate in the General Assembly so that
resolutions adopted at the General Assembly reflect the full perspective of the League's membership; and
WHEREAS, allowing member cities to designate an additional voting delegate alternate will
encourage such full participation in the General Assembly; now, therefore be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in San Diego, September 9, 2006, that the League allow city councils in member cities to
designate one voting delegate and up to two alternates by amending' section 3 of Article V (Membership
Meetings) of the League bylaws as -follows:
Section 3: City Delegates as General Assembly.
(a) Designation. Each Member City may, with the approval of the city council, designate a city
official as the city's designated voting delegate eF and, in the event that the designated voting
delegate is unable to serve in that capacity, up to two alternate voting delegates.
(b) Membership Decision-making Body. Designated voting delegates (of their alternates)
constitute the League's General Assembly.
(c) Registration for Annual Conference. For General Assemblies held in conjunction with the
Annual Conference, designated voting delegates must register to attend the Annual Conference.
Bylaw language additions are indicated by underlining: deletions are indicated by she-oats. `
Background Information on Resolutions #1 and #2
Source: League Board of Directors
Titles: Resolution Relating to Annual Conference Resolution Procedures
Resolution Relating to the Number of Alternate Voting Delegates a City May
Designate - Bylaws Amendment
Background:
At its November 2005 meeting, the League Board of Directors authorized the League President to
appoint a committee consisting of board members and others to review the issues and problems related to
the League's Annual Conference resolutions process and to recommend changes to remedy the problems.
The changes would be accomplished either through an Annual Conference resolution, new board policy,
changes to internal League procedures, or other mechanisms. The Committee included the following
Pat Eklund, Council Member, Novato (Chair)
Paul Leullig, Council Member, Barstow
Kara Ueda, Assistant City Attorney, Davis
Debbie Cook, Council Member, Huntington Beach
Pamyla. Means, City Clerk, Irvine
Marland Townsend, former Council Member, Foster City
The need for the committee stems from the difficult and often divisive experience at last year's
Annual Conference related to Proposition 76. Issues and problems that arose at the conference included
whether petitioned resolutions can be amended by the General Resolutions Committee, whether the
League should take a position on a ballot measure where the membership is divided, how to fairly provide
opportunities for public comment at the conference, and perceived inappropriate lobbying of voting
delegates of the resolution at the conference by supporters and opponents of Proposition 76.
In addition, prior to and during the conference, city officials and League staff identified other
issues and procedures related to the resolutions process that warrant evaluation and potential
modification. Some are minor, technical modifications or procedural changes, while others involve
resolving inconsistencies between the provisions of the League bylaws and the League's historical
practices or resolving ambiguities in our procedures.
Committee Review Process: The Annual Conference Resolutions Process. Committee met by
conference call four times to discuss and make recommendations on the following Annual Conference
Resolutions process topics.
1. Resolutions - Referral to Policy Committees and Moving Resolutions from General Resolutions
Committee to General Assembly
2. General Resolutions Committee and General Assembly - Public Comment
3. Credentials Committee
4. Voting Delegates
5. Resolutions - Procedures Related to Multiple Petitioned Resolutions that are Identical or Similar
6. Resolutions Related to League Positions on Ballot Measures
7. Voting and Lobbying at the General Assembly
8. Resolutions - Amending Petitioned Resolutions
The Administrative Services Policy Committee reviewed the committee's recommendations in
March and unanimously adopted the recommendations from the special committee. The League Board
4
concurred and approved the recommendations, with the exception of the recommendation related to
amending petitioned resolutions. The Board modified the recommendation regarding amendment
petitioned resolutions to clarify that petitioned resolutions may not be amended by the General
Resolutions Committee.
Implementation for 2006: In addition to the items included in this resolution, the committee and
Board adopted a number of procedural changes that have been or will be implemented through internal
staff procedures. For example, consistent with the League's bylaws, cities must demonstrate that
designation of their voting delegates and alternates are the result of council action. In the past, some
cities have provided documentation of council action (or affirmed that the designation reflects council
action), but many cities did not. The League has reaffirmed this requirement in voting delegate the
information sent to cities.
As stated in the resolution, because the Annual Conference Resolution acted upon at the 2006
conference will.not_go into-effect-until. the 200.7-conference, the-Board ofDirectorshas_adopted,_as_an__
interim policy, the substance of the resolution so that it can be implemented in 2006. The exception is the
recommendation to increase the number of alternate voting delegates to two.
Bylaws Change: The committee recommended, and the Administrative Services Policy
Committee and Board agreed, that the number of voting delegate alternates that cities may designate
should be increased from one to two. This is recommended to provide greater flexibility to cities and city
officials who have last minute problems with travel plans and so that their city can participate in the
General Assembly and be able to cast a vote on the resolutions This requires a bylaws change, which
must pass by a two-thirds vote to be adopted. Resolution No. 2 would implement this recommendation.
As a bylaws change, it requires a 2/3 vote to be approved.
RESOLUTION REFERRED TO COMMUNITY SERVICES POLICY COMMITTEE
3. RESOLUTION RELATING TO ENCOURAGING HEALTH AND WELLNESS
IN CITIES
Source: Community Services Policy Committee, and
Recreation, Parks & Community Services Department
Referred to: Community Services Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, in 2004, the League adopted an Annual Conference resolution to encourage cities to
embrace policies that facilitate activities to promote healthier lifestyles and communities, including
healthy diet and nutrition and the adoption of city design and planning principles that enable citizens of
all ages and abilities to undertake exercise; and
WHEREAS, one of the League of California Cities strategic goals for 2006 is to promote and
develop safe and healthy cities; and
WHEREAS, the members of the League's Recreation, Parks Community Services Department,
which consists of professionals within city departments such as parks and recreation, libraries and human
services, has expertise in the field of healthy cities; and
WHEREAS, the City, County, State (CCS) Partnership, of which the League is a member, is
encouraging local government to adopt and promote policies and programs that address issues of health
and well-being; and
. WHEREAS, many cities currently provide health and wellness programs, promote planning
principles that provide a healthy environment, and have excellent examples of successful programs; now,
therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in Annual
Conference in. San Diego, September 9, 2006, that the League, in cooperation with the Community
Services Policy Committee, the Recreation, Parks and Community Services Department, and the CCS
Partnership, work together to develop a clearinghouse of information that cities can use to promote
wellness policies and healthier cities; and, be it further
RESOLVED, that this activity take the form of a toolkit on the League's website for cities to visit
in order to share, find and develop successful models of health and wellness to use in their respective
communities to achieve the goal of safe and healthy cities; and, be it further
RESOLVED, that Health and Wellness programs become a topic for the Helen Putnam Awards
Program beginning in 2007; and, be it further
RESOLVED, that the three groups continue to work throughout 2007 in an effort to implement
this resolution.
RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE
4. RESOLUTION RELATING TO FORFEITURE OF VEHICLES USED IN ILLEGAL
SPEED CONTESTS AND EXHIBITIONS OF SPEED
, Source: City of Elk Grove
Referred to: Public Safety Policy Committee
Recommendation to General Resolutions Committee:
WHEREAS, according to public safety professionals, illegal speed contests and exhibitions of
speed pose a real, serious threat to the health and safety of the public, interfere with pedestrian and
vehicular traffic, create a public nuisance, and interfere with the right of individuals and businesses to
enjoy the use of their property; and
WHEREAS, public health and safety can be enhanced when illegal speed contests and exhibitions
of speed are discouraged and prevented by the enactment of local ordinances that seek to impose forfeiture
of vehicles used in such events as a penalty for illegal speed contests and exhibitions of speed; and
WHEREAS, California state law does not appear to expressly authorize cities or counties to enact
local ordinances that impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of
speed; and
WHEREAS, consistent with the mission and core beliefs of the League of California Cities,
providing cities and counties with the flexibility in state law to impose the penalty of vehicle forfeiture
6
for illegal speed contests and exhibitions of speed enhances public safety and facilitates local control;
now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual
Conference in San Diego, September 9, 2006, that the League co-sponsor state legislation to expressly
authorize cities and counties to impose vehicle forfeiture as a penalty for illegal speed contests and
exhibitions of speed.
Background Information on Resolution #4
Source: City of Elk Grove
Title: Resolution. Relating to Forfeiture of Vehicles Used in Illegal Speed Contests_and
Exhibitions of Speed
Background:
Street racing is a growing concern not just in the City of Elk Grove, but in many communities
statewide. In order to protect public health, safety, and welfare, cities and counties may seek to enact
ordinances to address this problem, including ones that would impose vehicle forfeiture as a penalty for
illegal speed contests and exhibitions of speed. Unfortunately, state law does not appear to expressly
authorize cities or counties to enact such ordinances and they may be vulnerable to court challenge.
The City of Elk Grove is submitting this resolution to seek League co-sponsorship of legislation
that would expressly authorize cities or counties to enact local ordinances - at their discretion - that may
impose vehicle forfeiture as a penalty for illegal speed contests and exhibitions of speed.
NOTE: No resolutions were assigned to the following policy committees: Employee Relations;
Environmental Quality; Housing, Community & Economic Development; Revenue and Taxation;
and Transportation, Communication & Public Works.]
Policy.-ACRES! C;5 nnnua Canf Resolulicn-,i"Resolutions 2006r ESQ UTIONS- PACKET G6
7