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02 Staff Report - Mike Wasserman Primary Voting DelegateN OF tpS GA, DATE: TO: FROM: 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 If 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. 1111111111 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. 1111111111 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.] 4