HomeMy WebLinkAboutResolution 2014-11 supporting Assembly Bill 1453 which requi Dept. ID AD 14-009 Page 1 of 2
Meeting Date:3/17/2014
CITY OF HUNTINGTON REACH
A�
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 3/17/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Teri Baker, Assistant to the City Manager
SUBJECT: Adopt Resolution No. 2014-11 supporting Assembly Bill 1453 which requires the
establishment of the Southern California State Veterans Cemetery; and,
authorize the Mayor to send a letter of support for Assembly Bill 1453
Statement of Issue:
On February 27, 2014, at the request of Mayor Pro Tern Shaw, the Intergovernmental Relations
Committee (IRC) considered a position of support for Assembly Bill 1453 (Quirk Silva) which would
direct the California Department of Veterans Affairs to develop a master plan for a State-owned and
operated Southern California Veterans Cemetery to be located in Orange County.
Financial Impact:
No fiscal impact results from supporting this legislation.
Recommended Action:
A) Adopt Resolution No. 2014-11, "A Resolution of the City Council of the City of Huntington Beach
In Support of Assembly Bill 1453 Which Requires the Establishment of the Southern California
State Veterans Cemetery;" and,
B) Authorize the Mayor to send a letter of support for Assembly Bill 1453 - Establishment of a
Southern California State Veterans Cemetery.
Alternative Action(s):
Do not adopt resolution and/or authorize the Mayor to sign a letter of support regarding AB 1453
and direct staff accordingly.
Analysis:
Assembly Bill 1453 (AB1453 — Quirk-Silva) would require the State Department of Veteran's Affairs,
in voluntary cooperation with the Orange County Board of Supervisors and city councils of other
participating southern California cities, to design, develop, and construct a state-owned and state-
operated Southern California Veterans Cemetery. The bill would make all honorably discharged
veterans and their spouses and children eligible for interment in the cemetery. Such a cemetery
would ensure that Orange County's military families have an accessible location to pay respects to
their loved ones.
According to the United States Department of Veterans Affairs, California is home to more veterans
than any other state, with a majority of these veterans residing in Southern California. According to
the National Cemetery Administration, the closest regional option for Orange County veterans is
HB -249- Item 9. - I
Dept. ID AD 14-009 Page 2 of 2
Meeting Date:3/17/2014
Riverside Veterans Cemetery, which offers neither a convenient location nor a long term solution
for the large number of Orange County veterans and their families. Orange County is home to
Army, Navy, and Marine bases and has been identified as the state's largest county without a
veterans' cemetery.
The two State Veterans Cemeteries are distant from Orange County: the Northern California State
Veterans Cemetery is located nine miles from Redding in the unincorporated area of Igo, California;
and the Central Coast State Veterans Cemetery to be located in Monterey, California. Assembly
Bill 1453 is pending in the California State Legislature and, if approved, the bill will direct the
California Department of Veterans Affairs to develop a master plan for a State-owned and operated
Southern California Veterans Cemetery to be located in Orange County.
On February 27, 2014, at the request of Mayor Pro Tern Shaw, the IRC considered support of AB
1453 and concurred by a 3-0 vote to recommend support of AB 1453 to the City Council.
Environmental Status:
N/A
Strategic Plan Goal:
N/A
A►ttachment(s):
1. Resolution No. 2014-11, "A Resolution of the City Council of the City of Huntington Beach in
Support of Assembly Bill 1453 Which Requires the Establishment of the Southern California
State Veterans Cemetery."
2. Assembly Bill AB 1453
3. Sample Letter of Support
Item 9. - 2 xB -25 -
ATTA
C �i11� �
RESOLUTION NO. 2014-11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH IN SUPPORT OF ASSEMBLY BILL 1453
WHICH REQUIRES THE ESTABLISHMENT OF THE
SOUTHERN CALIFORNIA STATE VETERANS CEMETERY
WHEREAS, it has been reported that California is home to more veterans than any other
state, with a large portion of those veterans residing in Southern California; and
The National Cemetery in Riverside, California is the closest open federal veterans
cemetery to Orange County; and
There are two State Veterans Cemeteries -- the Northern California State Veterans
Cemetery located near Redding in Igo, California, and the Central Coast State Veterans
Cemetery which will be located in Monterey, California—which are many miles from Orange
County; and
Assembly Bill 1453, pending in the California State Legislature, directs the California
Department of Veterans Affairs to develop a master plan for a State-owned and operated
Southern California Veterans Cemetery to be located in Orange County.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
That the City of Huntington Beach hereby supports the passage of Assembly Bill 1453,
which in part directs the establislunent of a Southern California Veterans Cemetery in Orange
County.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of March , 2014.
Mayor
REVIE D APPROVED: APPROVED AS TO FORM:
City ` In g r City Attoi ney J'K V
D A D ROVED:
stant City Manager
14-4159/105874.doc
Res. No. 2014-11
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on March 17, 2014 by the following vote:
AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio
NOES: None
ABSENT: None
ABSTAIN: None
g
City Cork and ex-officio fflerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #2
CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION
ASSEMBLY BILL No. 1453
Introduced by Assembly Member Quirk-Silva
January 9, 2014
An act to add Chapter 9.5 (commencing with Section 1410) to
Division 6 of the Military and Veterans Code,relating to veterans, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1453, as introduced., Quirk-Silva. Southern California Veterans
cemetery-
The Departincrit of Veterans Affairs is created in state government
and the Secretary of Veterans Affairs is the head of the department.
Under existing law, the Department of Veterans Affairs, in voluntary
cooperation with the Shasta County Board of Supervisors and the boards
of supervisors of speci6ed northern California counties, is required to
design,develop,and construct a state-owned and state-operated Northern
California Veterans Cemetery.
This bill would require the department,in voluntary cooperation with
the Orange County Board of Supervisors and city councils of other
participating southern California cities,to design,develop,and construct
a state-owned and state-operated Southern California Veterans
Cemetery. The bill would make all honorably discharged veterans and
their spouses and children eligible for interi-nerit in the cemetery. The
bill would impose a fee of S for each spouse or child interred in
the cemetery.
The bill would create the Southern California Veterans Cemetery
-N,Iastcr Development Fund,a continuously appropriated fund,and would
require all moneys received for the design, development, and
99
Item 9. - 4 HB -252-
AB 1453 —2—
construction of the cemetery to be deposited in this fund. By creating
a continuously appropriated fund,the bill would make an appropriation.
The bill would also create the Southern. California Veterans Cemetery
Perpetual Maintenance Fund and would direct all moneys received for
the maintenance of the cemetery, including those moneys received for
the interment of a spouse or child.
The bill would make proposals for the constraction., placement, or
donation of monuments and memorials to the cemetery subject to review
by a specified advisory committee and subject to final approval by the
Secretary.
The bill would authorize the cemetery administrator to accept
donations of personal property to be used for the maintenance or
beautification of the cemetery. The bill would require cash donations
to be deposited into the Northern California Veterans Cemetery
Donations Fund, a continuously appropriated fund created by tl)ls bill,
and would require the cash donations to be expended for the
maintenance and repair of the facility, as specified. By creating a
continuously appropriated fund,the bill would make an appropriation.
N,Iote: majority. Appropriation: yes. Fiscal comirilttee: yes.
State-mandated local program: no.
77he people of the Staie of California do enact as follows:
I SECTION 1. Chapter 9.5 (cominencing with Section 1410) is
2 added to Division 6 of the Military and Veterans Code, to read.
3
4 CHAPTER 9.5. Sou-rHERNCALIFORN-'IAVFTr-�RAiN--,Ci--'rlr-.TFRY
5
6 1410. (a) (1) The department, in voluntary cooperation with
7 the Orange County Board of Super-visors and the city councils of
8 other participating southern California cities as specified in Section
9 1412, shall design, develop, and construct a state-owned and
10 state-operated Southern California Veteran-,Cenietery,xvhich shall
11 be located in Orange County, California.
I.L,) zn
(2) The department shall oversee and coordinate the design,
13 development, and construction of the cenietery.
14 (3) For purposes of this chapter,, "departinew" means the
15 Department ofVeterans Affal rs,
16 (b) (1) All honorably discharged veterans and their spouses
17 and children are eligible for internment in the ceinetery. A fee of
99
H B -2-53)- Item 9. - 5
-3— AB 1453
1 dollars shall be charged for each spouse or child
2 interred in the cemeterv. This fee shall not exceed the reasonable
3 costs to the department for internment in the cemetery.
4 (2) For the purposes of this subdivision, the department shall
5 adopt regulations to specify the eligibility requirements for
6 interment in the cemetery. These regulations shall be adopted
7 pursuant to the Administrative Procedure Act (Chapter 3.5
8 (conu-nencing with Section 11340)of Part I of Division 3 of Title
9 2 of the Goverimient Code).
10 (3) All fees received pursuant to paragraph(1)shall be deposited
II in the Southern California 'Veterans Cemetery Perpetual
12 Maintenance fund created pursuant to Section 1412.
13 1412. (a) For the purposes of Section 1410,the Orange Count),
14 Board of Supervisors may join with the city councils of cities
15 within Orange County wishing to participate in the design,
16 development, and construction of the cemetery.
17 (b) All moneys received for the design, development, and
18 construction of the cemetery shall be deposited in the Southern
19 California Veterans Cemetery Master Development Fund. which
20 is hereby created in the State Treasury. N otwith stand]ng Section
21 13340 of the Government Code,money in the fend is continuously
22 appropriated to the department for the purpose of designing,
23 developing, constructing, and equipping the cemetery. Moneys
24 appropriated by the Legislature for these purposes shall also be
25 deposited in the fund.
26 (c) (1) All moneys received for the maintenance of the
27 cemetery, including moneys received pursuant to subdivision (b)
28 of Section 1410, &11 be deposited in the Southern California
29 Veterans Cemetery PerpetualMaintenance Fund,which is hereby
30 created in the State Treasury. Any state funding for the annual
31 maintenance of the ceirietery shall be appropriated by the
32 Legislature ire the annual Budget Act.
33 (2) It is estimated that, after the construction of the cerrietery,
34 dollars (S—) should be appropriated amivally by the
35 Legislature in the annual Budget Act or the participating southern
36 Califomia countles, or both, to the department for the operating
37 costs of the cemetery.
38 (3) Total expenditures for operations and maintenance should
39 not be snore than dollars ($_) per fiscal year, as
40 appropriated in the annual Budget Act.
99
Item 9. - 6 HB -254-
AB 1453 —4—
1 1414. (a) Proposals for the construction,placement,or donation
2 of monuments and memorials to the cemetery shall be subject to
3 review by an advisory committee comprised of the cemetery
4 administrator,representatives from Grange County,local veterans'
5 service organizations, and others as approved by the secretary.
6 (b) All proposals for the construction, placement, or donation
7 of monuments and memorials to the cenleteay shall be subject to
8 the final approval of the secretary.
9 (c) The department shall adopt regulations for the policies and
10 procedures to be followed with respect to the design,placement,
11 and approval of monuments and memorials proposed to be placed
12 on the cemetery grounds. These regulations shall be adopted
13 pursuant to the Administrative Procedure Act (Chapter 3.5
14 (commencing with Section 11340)of Part 1 of Division 3 of Title
15 2 of the Government Code).
16 1416. (a) Notwithstanding Section 11005 of the Govertuxient
17 Code, the cemetery administrator, subject to the approval of the
18 secretary, may accept donations of personal property; including
19 cash or other gifts,to be used for the maintenance or beautification
20 of the cemetery.
21 (b) Cash donations made pursuant to subdivision (a) shall be
22 deposited into the Northern California Veterans Cemetery
23 Donations Fund,which is hereby created.Notwithstanding Section
24 13340 of the Government Code,money in the fund is continuously
25 appropriated to the department for the maintenance and repair of
26 the facility or, subject to the approval of the secretary, for a
27 specified cemetery maintenance or beautification project designated
28 by the donor.
C
99
HB -255- Item 9. - 7
ATTACH M Esom N Olom
3
SAMPLE LETTER OF SUPPORT FOR AB 1453
Dear
RE: Support of Assembly Bill 1453 (Quirk-Silva)
On behalf of the City of , I request your support of Assembly Bill 1453 (AB
1453) authored by Assemblywoman Sharon Quirk-Silva. AB 1453 would direct the California
Department of Veteran Affairs to establish a Southern California Veterans Cemetery in Orange
County. Such a cemetery would ensure that Orange County's military families have an
accessible location to pay respects to their loved ones.
California is home to more veterans than any other state, with a majority of those veterans
residing in Southern California. According to the National Cemetery Administration, the closest
regional option for Orange County veterans is Riverside Veterans Cemetery, which offers neither
a convenient location nor a long term solution for the large number of Orange County veterans
and their families. Despite the fact that Orange County is home to Army, Navy, and Marine
bases, Orange County has been identified as the state's largest county without a veterans
Cemetery.
For these reasons, the City of supports Assembly Bill 1453. Our families deserve
a concrete and accessible location to celebrate the life and contributions of the brave men and
women who have courageously served our nation. We urge your support and your expeditious
action of approval for a State Veterans Cemetery in Orange County.
Sincerely,
Item 9. - 8 11B -256-