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RESOLUTION NO. 8043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REQUESTING ACTION BY THE STATE
LEGISLATURE TO RESTORE THE ORIGINAL LANGUAGE
OF SPECIFIC SECTIONS OF THE CALIFORNIA HEALTH
AND SAFETY CODE AND THE CALIFORNIA WELFARE
AND INSTITUTIONS CODE IN REGARD TO LOCAL
AUTHORITY IN THE ESTABLISHMENT OF RESIDENTIAL
CARE FACILITIES
WHEREAS, revisions introduced into Section 1502 of the
California Health and Safety Code and Sections 5115, 5116 of
the California Welfare and Institutions Code by the enactment
of Senate Bill 2093 in September 1978, have completely elim-
inated local government's legal and traditional authority to
require special use permits or to enforce zoning ordinances
in the establishment of residential care facilities; and
WHEREAS, the authority of fire inspection clearance is
also similarly restricted; and
WHEREAS, the original statute of 1972 wisely provided
cities and counties with the ability to protect the health
and safety of the residents in the community allowing ap-
plications for conditional use for this type of occupancy;
and
WHEREAS, such local ordinances are intended to maintain
standards and serve as a safeguard for the residents; and
WHEREAS, local officials are responsible for the well-
being of the community as a whole; and
WHEREAS, Senate Bill 2093, as enacted, severely encroaches
upon this sphere of local rights and responsibilities;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Santa Ana as follows:
1. That action and support from our State Legislators
to restore the original language of Section 1502 of the
Health and Safety Code and Sections 5115, 5116 of the Welfare
and Institutions Code, as enacted by the 1972 statute, thereby
returning authority over this matter to the approprate level
of government, is hereby requested.
2. That the Clerk of the Council of the City of Santa
Ana is directed to send a copy of this action to Assemblymen
Richard Robinson, Bruce Nestande, and Dennis Mangers, and
Resolution No. 80-13
Page two
Assemblywoman Marian Bergeson, and to Senators John V.
Briggs, Paul Carpenter and John G. $chmitz.
ADOPTED this 7th day of January, 1980, by the fol-
lowing vote:
AYES:
NOES:
COUNCILMEN: Bricken, Griset, Luxembourger,
Markel, Serrato, Ward, Yamamoto
COUNCILMEN: None
ABSENT:
COUNCILMEN:None
ATTEST:
OF T.E OO~L F/
AS TO FORM:
~EITH L. GOW, CITY ATTORNEY
MAYOR