02 Staff Report - Mike Wasserman Primary Voting DelegateN OF
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DATE:
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SUBJECT:
COUNCIL AGENDA REPORT
JUNE 24, 2009
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 8/3/2009
ITEM NO: 4;~
APPOINT MAYOR MIKE WASSERMAN AS THE PRIMARY VOTING DELEGATE
AND VICE MAYOR DIANE MCNUTT AS THE ALTERNATE VOTING DELEGATE
FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
SCHEDULED FOR SEPTEMBER 16-18,2009 IN SAN JOSE, CALIFORNIA
RECOMMENDATION:
Appoint Mayor Mike Wasserman as the primary voting delegate and Vice Mayor Diane McNutt as the
alternate voting delegate for the League of California Cities Annual Conference scheduled for
September 16-18, 2009 in San Jose, California.
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
conference is its annual business meeting where the League membership takes action on conference
resolutions (attached). Annual conference resolutions guide cities and the League in efforts to improve
the quality, responsiveness, and vitality of local government in California.
To expedite the annual business meeting, participating cities/towns have been asked to designate a
primary and an alternate voting representative. It has been Council's practice to appoint the Mayor as
the primary and the Vice Mayor as the alternate voting delegate. If the Vice Mayor is unavailable, a
Council Member serves as the alternate voting delegate. This year, Mayor Mike Wasserman will serve
as the primary voting delegate and Vice Mayor Diane McNutt as the alternate voting delegate.
Attached are the proposed conference resolutions. It has been the past practice to have the Town voting
delegate determine the Town's position based on resolution discussion and feedback at the League
Annual Business Meeting.
PREPARED BY: PAMELA S. JACOBS
Assistant Town Manager
PSJ:pg
NAMGRlAdtninWorkFi1es12009 Council Reports18-3-09 League Voting Delegates.doc
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Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPOINT MAYOR MIKE WASSERMAN AS THE PRIMARY VOTING DELEGATE
AND VICE MAYOR DIANE MCNUTT AS THE ALTERNATE VOTING DELEGATE
FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
SCHEDULED FOR SEPTEMBER 16-18,200 IN SAN JOSE, CALIFORNIA
AUGUST 3, 2009
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.
Attachment: 2008 League of California Cities Resolutions
V.
2009 ANNUAL CONFERENCE RESOLUTIONS
RESOLUTION REFERRED TO PUBLIC SAFETY POLICY COMMITTEE
1. 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.
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EackLyround 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
trine. 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.
RESOLUTION 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 coinmunities 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.
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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 1 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
$34,400 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 reinediation 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.]
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