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HomeMy WebLinkAbout78-133EJC:adg 10/3/79 RESOLUTION NO. 78-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING STATE OF CALIFORNIA MANDATES WITHOUT REIMBURSE- MENT FOR COSTS THEREFOR WHEREAS, Revenue and Taxation Code ~ 2207 defines "costs mandated by the state;" and WHEREAS, Revenue and Taxation Code ~ 2231 requires the state to reimburse each local agency for costs mandated by the state defined in ~ 2207; and WHEREAS, the foregoing Revenue and Taxation Code sections were established in Senate Bill 90, effective January 1, 1973, and amended s~bsequent thereto, which in- tended to reimburse local agencies for state mandated costs; and WHEREAS, Senate Bill 90 failed to address the problems of state mandated costs imposed upon cities, counties and districts prior to its passage; and WHEREAS, by use of an extensive list of "disclaimers" the Legislature has avoided reimbursement for state mandates, such as, but not limited to, the following: 1. Health and Safety Code ~ 17921.3 (Stats. 1976, ch. 91) requiring plan checkers and field inspectors to enforce low flush 3-1/2 gallon water closet requirements. 2. California Administrative Code, Title 8, Chapter 3.2, Art. 2, ~ 341 (8-1-74), requiring check of building permit applications to determine if a state permit is required for ex- cavations, trenches, construction or demolition. 3. Health and Safety Code ~ 19958 requiring local agencies to enforce ~ 19955 and 19955.5 (as amended by Stats. 1973, ch. 931 and Stats. 1974, ch. 995) relating to plan check- ing and field inspection for oompliance with handicap access to buildings. 4. Government Code ~ 65302, as amended by Stats. 1974, ch. 1104, 1124, requiring an expanded Housing Element to the General Plan. 5. Health and Safety Code ~ 13110.5, requiring reporting of each fire incident to the State Fire Marshal beginning January 1, 1974. 6. California Administrative Code, Article 10.1, ~§ 3401-3409 (5/3/78), mandating personal protective clothing and equipment requirements for fire fighters. 7. Health and Safety Code ~ 217, requiring training of fire personnel as Emergency Medical Technicians and in cardiopulmonary resuscitation, with refresher training required each year and every three years in other first aid. 8. California Administrative Code, Title 19, ~ 1918 et seq., (adopted 4/18/77) relating to inspections of gasoline Vapor Control Systems; and RESOLUTION N0.78-133 PAGE TWO WHEREAS, recent constitutional amendments have imposed new property tax limitations on cities, counties, and districts seriously curtailing the ability to respond to such state man- dated programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA: 1. That the Legislature of the State of California re-examine all state decisions and legislation previously mandating actions or imposing costs on local governments and provide reimbursement therefor. 2. That any and all future legislation, rules or regulations which mandates actions by local governments be paired with a revenue source other than those locally gener- ated. 3. That the extensive list of "disclaimers" cur- rently being used by the Legislature be discontinued. 4. That the Clerk of the Council is directed to forward copies of this Resolution to our representatives in the State Legislature. by the ADOPTED, this 16th day of October , 1978, following vote: AYES: COUNCILMEN: Ward, Garthe, Bricken, Yamamoto, Evans, Brandt NOES: COUNCILMEN: None ATTEST: ABSENT: CLERK OF THE COUNCIL COUNCILMEN: ~/ MAYOR APPROVED AS TO FORM: KEITH L, GOW CITY ATTORNEY