HomeMy WebLinkAboutCC Res 2936 1979-12-10
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RESOLUTION NUMBER ';;f3~
A RESOLUTION OF TilE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, REQUESTING ACTION
BY THE STATE LEGISLATURE TO RESTORE THE ORIGINAL
LANGUAGE OF SPECIFIC SECTIONS OF THE STATE HEALTH
AND SAFETY CODE AND WELFARE AND INSTITUTIONS CODE
IN REGARD TO LOCAL AUTHORITY IN THE ESTABLISHMENT
OF RESIDENTIAL CARE FACILITIES.
WHEREAS.
revisions introduced into Section 1502 of the State Health and Safety
Code and Sections 5115. 5116 of the State Welfare and Institutions
Code by the enactment of Senate Bill 2093 in September 1978, have
completely eliminated 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
the authority of fire inspection clearance is also similarly restricted;
and
WHEREAS,
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 by allowing conditions to be applied for this type of use; and
such local ordinances are intended to maintain standards and serve as
a safeguard for the residents; and
WHEREAS,
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 that the City Council of the City of Seal Beach
requests 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 appropriate level of government:
BE IT FURTHER RESOLVED that the City Clerk of the City of Seal Beach be directed
to send a copy of this action to Assemblymen Ross Johnson, Dennis Mangers, and
Chester Wray, Senators John Briggs. John Schmitz, and Paul Carpenter. and
Collier McDermon of the State Department of Education.
NOES: Councilmen
PASSED, APPROVED AND ADOPTED bj[ the City Counc.
a meeting held on the ~ day of '
following vote: ~
AYES: Councilmen
of the C}ty of Sflal Beach at
l~. 1979 by the
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ABSENT: Councilmen
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