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