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HomeMy WebLinkAboutAGENDA REPORT 1994 0406 CC REG ITEM 08IITEM - e1/� �l AGENDA REPORT CITY OF MOORPARR - ✓•�' /y %� , G�1�-- To: Honorable City Council / ,' _`_-..d M FROM: Jill Rubin Myers, Solid Waste Coordinator NVL- DATE: March 31, 1994 (CC Meeting of 4/6)�� SUBJECT: Consider Support for AB 2742 Alcoholic Beverage License Issuance, SB 1477 Building Occupancy Levels, and ACA 34 State Mandates, and Opposition to AB 2414 Traffic Hearing Officer Qualifications, AB 3156 Emergency Medical Services, and AB 3327 Housing Seismic Safety. Background Council is being asked to consider and take a position on the following legislative bills, and to direct the Mayor to communicate the City's position to the appropriate committees and legislators. AB 2742 - Alcoholic Beverage License Issuance - Support It is recommended that Council support AB 2742 (Lee) sponsored by the City of Oakland. If approved AB 2742 increases the City's influence in the decision making of the State Department of Alcohol Beverage Control (ABC) . This bill provides the ABC with more regulatory tools to assist cities in preventing nuisances which often take place around problem liquor outlets. Specifically, AB 2742 provides that a loss of a licensee's local land use permit may be grounds for suspension or revocation of a liquor license as determined at a public hearing conducted by the ABC. Under AB 2742, a liquor outlet will also be held responsible for public nuisance violations occurring on adjacent public sidewalks. In addition, this bill sets forth performance standards for ABC to enforce on liquor establishments that would not preempt city authority. Such minimum standards include signage relating to selling to minors, loitering and open containers, standards for lighting, and graffiti removal. The proposed standards would be applied to all licensees (pre - existing and newly issued) immediately upon enactment. Legislation April 6, 1994 Page 2 SB 1477 - Building Occupancy Levels - Support SB 1477 (Bergeson) is sponsored by the League of California Cities and, if approved, would allow the City to adopt a meaningful occupancy standard in instances where displacement of existing residents will not result. It is recommended that Council support this bill. If approved, SB 1477 would authorize the City to make changes or modifications in the requirements contained in the California Building Standards Code relating to occupancy levels for dwelling units and apartments it determines are reasonably necessary because of local conditions. The bill states that no ordinance adopted would apply to existing occupants at the time of its adoption - ordinances could only be applied to future changes of ownership or tenancy. ACA 34 - State Mandates - Support It is recommended that Council support ACA 34 (Pringle) related to state mandates. If approved, ACA 34 would place a provision in the State Constitution requiring the State to subvent funds to reimburse local costs for state mandated programs. In addition, the legislation provides that reimbursement to local agencies be provided whether or not the mandate also applies to other public agencies and /or private entities. Current law states that reimbursement is not required if the mandate applies to everyone, not just local agencies. Finally, ACA 34 requires that Commission on State Mandates to investigate and monitor all mandates enacted since July 1, 1975, to determine if they are sufficiently fundE:d. If the mandate was not funded, the Commission would suspend the mandate. AB 2414 - Traffic Hearing Officer Qualifications - Oppose AB 2414 (Epple) would add the mandate that all traffic hearing officers have the equivalent of a law degree. Traffic hearing officers mainly adjudicate disputed parking tickets between the public and issuing officer. The sponsors of the legislation, the Auto Clubs of California, believe that there is a lack of professionalism and a conflict of interest in having a former ticket issuer judge a dispute. The sponsors believe that the equivalent of a law school degree (not passage of the bar) would alleviate their concerns. It is common practice by many cities to have senior parking enforcement persons serve as hearing officers. If approved, AB 2414 would cause cities to use more costly options for parking conflict resolutions. Legislation April 6, 1994 Page 3 AB 3156 - Emergency Medical Services - Oppose It is recommended that Council oppose AB 3156 (Tucker) regarding emergency medical services. If approved, AB 3156 would require the City to receive County approval prior to providing pre - hospital emergency care for its residents. AB 3156 would circumvent one of the City's basic responsibilities concerning how best provide vital emergency medical services, e.g., ambulance service. This bill would reduce local control by revoking the City's ability to make independent decisions regarding ambulance services. In the past, the courts have consistently ruled that municipalities and fire districts have the right to provide and establish ambulance services within their jurisdiction without county approval. AB 3156 is completely contrary to the courts actions and local control. AB 3327 - Housing Seismic Safety - Oppose AB 3327 (Hauser) would prohibit any city or county from receiving financial assistance for the purposes of meeting its matching funds requirement for federal disaster assistance if the city's or county's safety element has not been updated in more than five years prior to the date of the disaster. The funds that would be denied are those now available for repair, restoration, or replacement of public real property of the agency that is damaged or destroyed by a natural disaster. If approved, AB 3327 would impose a costly state - mandated local program by requiring the legislative body to add the safety element to the general plan to identify known seismic risks and contain a new mitigation plan for the reduction of those risks. Currently, cities may incorporate a county Safety Element. Additionally, redevelopment agencies would be required to undertake seismic retrofits of certain buildings - unreinforced masonry buildings and buildings that qualify as historical property. AB 3327 shifts the responsibility for real property improvement from the private sector to a public redevelopment agency. Recommendation Staff recommends that Council support AB 2742 Alcoholic Beverage License Issuance, SB 1477 Building Occupancy Levels, ACA 34 State Mandates, and oppose AB 2414 Traffic Hearing Officer Qualifications, AB 3156 Emergency Medical Services, and AB 3327 Housing Seismic Safety, and direct the Mayor to communicate the City's position to the appropriate committees and legislators.