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HomeMy WebLinkAboutItem 18 - 2021 Legislative PlatformItem 18 GtT Y O fiCouncil Agenda Report ti Department Name: City Attorney Cost Centers: 1501 For Agenda of: May 18, 2021 Placement: Business Item Estimated Time: 30 minutes FROM: Christine Dietrick, City Attorney Prepared By: Sheryl Fox, Legal Assistant Kelly White, TAO Legal Analyst SUBJECT: 2021 LEGISLATIVE PLATFORM RECOMMENDATION 1. Adopt a Resolution (Attachment A) establishing a Legislative Action Platform for 2021; and 2. Confirm direction to staff on the scope and application of the legislative platform related to advocacy for non -legislative items or particular projects, with additional authority for staff to weigh in on regional initiatives in which Council has authorized City participation consistent with Major City Goals; and 3. Appoint the Mayor, City Attorney, and City Manager to act as the primary legislative liaisons between the League of California Cities and the City of San Luis Obispo, with authority to delegate to other Councilmembers or staff consistent with liaison assignments and as appropriate to the issue. DISCUSSION Legislative Action Program Attached for the Council's consideration is a resolution establishing the City's 2021 Legislative Action Platform. Similar resolutions have been adopted by the Council since 1993. The City Attorney's Office coordinates the Legislative Action Program with assistance from the Administration Department and from various City departments, as appropriate. This resolution authorizes staff to respond to legislative issues affecting the City (via letters signed by the Mayor or relevant Department Head), provided that the positions taken in the letters are consistent with the priorities identified in Exhibit A to the resolution (Attachment A) and League of California Cities advocacy efforts. By establishing a broad legislative platform and delegating responsibility to the Mayor and staff to respond to proposed legislation and recommendations from the League of California Cities, the City is better able to react quickly to changed circumstances and urgent requests than it would be if each item were brought to the Council at its regular meetings. The process is considered a best practice, has been efficient given the limited City resources available, and the City continues to be very active in communicating its positions on Federal and State legislation. In 2020, the City sent 14 letters pertaining to pending legislation utilizing the Legislative Action Platform and signed on to other organizations' initiatives as appropriate and consistent with the Platform. Packet Page 169 Item 18 Legislative Liaison Appointments The League of California Cities encourages cities to appoint a council member and a staff person to act as legislative liaisons between the League and the City. Staff recommends that Mayor Heidi Harmon act as the Council legislative liaison and the City Attorney and the City Manager serve as the staff liaisons, with the authority to delegate those roles, consistent with Council liaison assignments and staff subject matter expertise. Previous Council or Advisory Body Action Similar resolutions have been adopted by the Council since 1993 following the advice and example of other cities. Policy Context The legislative platform is a tool to promote the efficient use of staff and Council time. Efficiency is always an important goal and is also an underlying component of the Fiscal Health Response Plan and the efficient advancement of Major City Goals. While not a new way of doing business, it is an existing practice, the purpose is to reduce time spent drafting, reviewing, and acting on Council agenda items, freeing time to work on other matters and ensuring the most timely and effective advocacy on emerging issues consistent with established City policy and operational objectives. Public Engagement Proactive public outreach is not historically part of the legislative platform adoption process. Occasionally, during the year, members of the public will contact the City to ask if it will support or oppose a piece of legislation, but recommendations to update the issues included in the platform itself come from staff, informed by ongoing Council and public requests. CONCURRENCE In preparing this year's draft platform, input was solicited from all City Departments. Staff were asked to take a critical look at the items within their scope of operations and expertise and evaluate whether there was an opportunity to refine or focus the platform. With that look, several additions and clarifications were recommended. All changes, including language clean-ups and issue consolidations, are shown in the legislative draft of the 2021 Platform. (Attachment B). In addition to Council's substantive direction on the platform, staff also is seeking direction as to the application of the platform to City positions on particular projects or applications that Council Members believe raise issues related to the platform and as determined to be consistent with Major City Goal work programs. Historically, and as affirmed by the City Councils of recent years, the platform has been utilized primarily to advocate for or against a particular piece of legislation and not for or against a particular project or permitting application (adjudicative acts before other jurisdictions' legislative bodies). Staff continues to recommend that the scope be limited to legislative action, and requests that staff be authorized to weigh in on regional initiatives tied to advancing Major City Goals in which Council has authorized City participation, but again requests explicit direction from the Council majority on that issue to ensure clarity in expectations moving forward. Packet Page 170 Item 18 Many City Departments provided input on the 2021 Legislative Platform and concur with the recommendations in this report. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Not Applicable Funding Identified: No Budget Year: Not Applicable Funding Sources Current FY Cost Annualized On -going Cost Total Project Cost General Fund N/A State Federal Fees Other: Total Because no additional staff work is anticipated as a result of this ongoing program, no new fiscal impact will be incurred. All related work is included in the requested appropriation for the 2021-23 Financial Plan. ALTERNATIVE The Council may wish to include other issues, not included in the current draft. However, it is important to note that the Legislative Action Platform allows the City to take action on any bills and other measures formally supported by the League of California Cities. It is staff s recommendation that desired additions to the Platform are generally crafted and flexible to allow for quick responses to legislation important to cities. Attachments: a - Draft Resolution b - Draft 2021 Legislative Platform (redlined) c - COUNCIL READING FILE - Draft 2021 Legislative Platform (redline removed) Packet Page 171 Item 18 RESOLUTION NO. (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING THE CITY'S LEGISLATIVE ACTION PLATFORM FOR 2021 AND APPOINTING THE COUNCIL MEMBER AND STAFF PERSONS TO ACT AS LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA CITIES WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action platform which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the City desires to be proactive and involved in the governmental decision - making processes directly affecting the City legislative priorities identified in Exhibit "A," and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Platform is face-to-face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby: SECTION 1. Establish the Legislative Action Platform for 2021 as set forth in the attached Exhibit "A" and authorize the Mayor and designated staff to take positions on legislation generally consistent with the Legislative Action Platform and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City; and IS Packet Page 172 Resolution No. (2021 Series) Item 18 Page 2 SECTION 2. Appoint Mayor Heidi Harmon to act as Council Member legislative liaison and City Manager Derek Johnson and City Attorney Christine Dietrick to act as staff legislative liaisons with the League of California Cities. Upon motion of seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2021. Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on Teresa Purrington City Clerk 17 Packet Page 173 \ ` �1 +1 fY; l ! e Item 18 Deleted: CITY OF SAN LUIS OB1SPOT LEGISLATIVE. ACTION PLATFORM FOR 2021 The following document reflects those legislative matters on which the Council majority authorizes the Mayor, City Manager and City Attorney to engage in legislative advocacy on behalf of the City without the need for further Council review or authority. The Council's authorization extends only to advocacy for or against generally applicable legislative proposals being considered by local, regional, state and/or federal policy makers or regulators, as well as regional initiatives consistent with Mayor City Goals, and adopted City policy platforms, and Deleted' does not otherwise extend to advocacy on any individual project or entitlement application pending before any decision -making body, unless specifically noted herein. Contents ClimateAction...............................................................................................................................................$ Deleted: a Homelessness Resources Advocacy..............................................................................................................4 ,.. Deleted: s CommunityDevelopment.............................................................................................................................$ Deleted: e EconomicDevelopment................................................................................................................................7 Deleted: s Finance..........................................................................................................................................................$ ; ;. Deleted:9 Human Resources/Employee Relations........................................................................................................$ — Deleted:9 PublicSafety..................................................................................................................................................2 .;..;- Deleted: 10 PublicWorks...............................................................................................................................................11 —;- Deleted:12 Parks and Recreation and Natural Resources.............................................................................................I ;.— Deleted: 12 Transportation............................................................................................................................................ 1$ Deleted: 14 utilities........................................................................................................................................................14 .;— Deleted:15 County/Regional Priorities........................................................................................................................1!�,. --.. Deleted: 17 Central Coast Community Energy Policy Board and Operations Board Positions ............................... 17� — Deleted: 19 LEGISLATIVE ACTION PLATFORM, Page 2 / Deleted: FOR 2021 Packet Page 175 Item 18 Climate Action Deleted: 4 1. Supporting fundingjorcommunities topay for public infrastructure that meets tSategreenhousegas Deleted: ie.g., through Cap and Trade orothersources) emission reduction goals and adopted City obiectives. Deleted: mandated 2. Supporting funding to implement programs and related action items contained in local and regional Climate Action Plans to quantitatively reduce greenhouse gas emissions and advocating for regulatory reform, including but not limited to clean technologies, micro -grids, all electric buildings, electrified transportation. 3. Supporting local communities' broad authority to form and administer Community Choice Energy (CCE) programs, reforming the CPUC, and limiting decisions that negatively impact CCEs or otherwise shift the financial impacts ofjnvestor-owned utilities to CCEs Deleted: investor owned 4. Supporting Cal CCA's Regulatory and Legislative Platform. 5. Supporting regulatory reform for the transition to clean technologies, microgrids, low and zero carbon energy generation, and decarbonized buildings. 6. Supporting reform of CPUC policies to ensurejnvestor-owned utilities are able and required to provide Deleted: investor owned timely, accurate, and sufficiently detailed energy data. 7. �upportingfunding and resources to focus climate investments on programs and prowects that support Deleted: environmental justice, economic and racial equity, and head of household lobs. 8. Supporting reform of CPUC policies and state legislation that supports equitable access to distributed energy resources. 9. Supporting extended producer responsibility for packaging and single -use product manufacturing as to encourage source reduction and the manufacturing of reusable and sustainable products. 10. Supporting measures that make waste diversion and reduction more equitable for our residents and businesses. 11. Supporting legislation that makes edible food recovery and distribution more easily accessible to residents and businesses in need. LEGISLATIVE ACTION PLA' Page 3 Deleted: FOR 2021 Packet Page 176 Item 18 Pomelessness Resources Advocacy Deleted: n Deleted: ¶ supporting funding for project -based permanent affordable housing, Temporary Rapid Rehousing, \ ¶ Tiny Homes, Temporary Emergency Shelter Units and Private Market Landlords. Strong ¶� ' connections to landlords are even more important in high -cost, low -vacancy markets, where Deleted: ¶ Deleted: ¶ affordable housing options are limited and even those with a voucher may find themselves unable to locate a unit. 2. Supporting additional funding that encourages unique multi -departmental and inter -governmental collaboration to assist individuals experiencing homelessness, such as the City's Community Action Team (CAT) and MobileZrisis Unit (MCU). Deleted: crisi 3. Supporting employment services and job training for individuals who are homeless or at -risk of becoming homeless. 4. Supporting funding for federal, state, county and local, non-profit and faith community's coordination in preventing and ending homelessness. 5. Supporting funding for the removal and storage of homeless individual's belongings and the cleaning of sites used by homeless groups. 6. Supporting funding and county programs that promote access to expanded medical, mental, and behavioral health services, including substance use disorder treatment services, and new approaches to financing health care access and patient wellness to reduce avoidable emergency room visits, hospital stays and readmissions. 7. Supporting education and employment opportunities and advancement of upward economic mobility and access to programs such as childcare, school's family support networks. 8. Supporting increased guardianship control and health supervision of those suffering from mental illness and recognition of mental illness and addiction as contributors to chronic homelessness. 9. Supporting streamlined protocols and metrics to be used by homeless service providers, local agencies, and other non -governmental partners to capture and share accurate statistics of individuals experiencing homelessness, including vacancy rates, in -flow and out -flow information, cost -reporting of services provided and rendered, and individuals successfully housed. 10. Opposing legislation that seeks to circumvent local control and consideration of local circumstances when addressing homelessness. 11. Supporting legislation that supports a unified crisis response system and enhances the ability of the LEGISLATIVE ACTION PLATFOR 4, Page 4 Deleted: FOR 2021 Packet Page 177 Item 18 County Behavioral Health Director to compel assisted outpatient treatment for a person exiting a conservatorship. 12. Supporting legislation that would allow the courts to consider a person's medical condition or expand the definition of "gravely disabled" and consider the impact on a court's decision to certify them as a danger to themselves or others. 13. Supporting legislation for Mental Health Services Act (MHSA) to allow for flexibility in funds earmarked for "Innovation" programs that are aimed at finding new and different ways to provide services. 14. Supporting legislation and other policy considerations to expand funding for the delivery of case management, drug, alcohol, and detoxification services, and mental health services for all County residents, and the establishment of shelter facilities for the unhoused. 15. Advocating that the County lead in the area of expanding humane shelter opportunities for the unhoused population, and expand outreach and case management services specifically tailored to the needs of homeless individuals in the County. 16. Supporting the use of data from City and regional Community Action Teams (CAT) and Mobile Crisis Units (MCU) outcomes, to advocate that the County allocate new resources to scale up these programs to match the need. 17. Supporting an effective and efficient update of the 10-Year Plan to End Chronic Homelessness that is action oriented and focused on measurable, positive and realistic outcomes. Community Development 1Supporting local control of land use planning and zoning matters. 2_Supporting State and Federal assistance to prevent the loss of housing for those impacted by COVID- 19. 3. Supporting reforms of the entire State mandated HCD Regional Housing Need Allocations process to Deleted: ¶ recognize local resource limitations and align infrastructure and other funding to help communities meet mandated housing requirements. I Deleted: 4. Supporting funding of on -campus housing at Cal Poly for students, staff and faculty, and University acquisition of residences for staff and faculty housing. Deleted. FOR 2021 LEGISLATIVE ACTION PLATFORM, Page 5 Packet Page 178 Item 18 5. Supporting increased funding for affordable housing and supportive housing services for very low, low and moderate income individuals and/or families in all cities and communities and opposing the erosion of local inclusionary housing and in -lieu fee programs. 6. Supporting continued funding of National Housing Trust Fund and streamlined and efficient implementing regulations at the state level. 7. Supporting additional state funding to implement AB 32 (The California Global Warming Solutions Act of 2006) and SB 375 (The Sustainable Communities and Climate Protection Act of 2008) through local general plan updates that implement the regional sustainable communities plan and alternative planning strategy, if needed. 8. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites and structures. 9. Supporting continued or expanded funding for the Community Development Block Grant (CDBG) program. 10. Supporting continued local control over mobile home park rent stabilization and local control over the conversion of mobile home parks to other uses. Encourage the amendment of Section 66427.5 of the California Government Code and other relevant law for the purpose of ensuring that mobile home park residents are not involuntarily removed from homes or otherwise economically impacted if parks are subdivided or converted. 11. Resolving and addressing regulatory or financial barriers to implement AB 811 property -assessed clean energy districts. 12. Encouraging continued viability of inclusionary housing provisions and avoidance of conflicts with Costa -Hawkins Act. 13. Enabling the issuance of parking citations on private property. 14. Advocating full funding for services and transitional housing for individuals who are unhoused, including providing more flexibility in the use of Federal funds on the local level to address housing. 15. Supporting legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission. 16. Supporting responsible review and revision of CEQA to ensure sound environmental determinations. LEGISLATIVE ACTION PLA' Page 6 Deleted: Deleted: FOR 2021 Packet Page 179 Item 18 17. Promoting pragmatic and clarifying actions to implement Proposition 64 Cannabis legalization, including increased funding for health education, the preservation of local land use decision making, reconciliation of conflicts in state and federal law, and systems for legal banking. conomic Devel 1. Supporting state and federal assistance for those people and businesses facing severe economic losses due to the COVID-19 pandemic. 2. Supporting regional economic development support, expressly excluding support for weapons production or distribution activities and fossil fuel production or distribution activities. Deleted: ¶ Deleted: Supporting modern and cost-efficient, thorough and accurate methods for the population to exercise its civic obligation to be counted in the 2020 Census.¶ Deleted: 11 3. Supporting direct assistance and/or legislation that supports local agencies with recovering costs related to the COVID-19 disaster and stimulate economic development,,Eesiliency, and recovery. Deleted: resiliency . ;..% Deleted: 4. Supporting funding and/or legislation using tax credits or other incentive programs to encourage research and development by businesses in California. 5. Supporting funding and policies for the promotion of California as a place to locate businesses that provide head -of -household jobs. 6. Supporting economic development that is integrated with articulated Major City Goals such as climate action as well as social justice and diversity objectives, such as the Green New Deal. 7. Supporting funding for the state tourism promotion program. 8. Supporting the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies and supporting net neutrality. 9. Supporting telecommunications reform legislation and other measures that preserve local control over public rights -of -way, protect local resources and guarantee access to, funding for, and local flexibility in utilizing funds for public, educational and government (PEG) access television. 10. Supporting the expansion of public infrastructure financing tools and funding for infrastructure. 11. Supporting head -of -household jobs, including analyses of impacts and associated mitigations regarding major regional employers. Deleted. FOR 2021 LEGISLATIVE ACTION PLATFOR 4, Page 7 Packet Page 180 Item 18 Finance 1. Supporting meaningful fiscal reform that allows each level of government to adequately finance its service responsibilities while continuing to support efforts to protect the City from loss of revenues due to State take-aways and unfunded State or Federal mandates. 2. Opposing initiatives that unduly burden and/or prohibit local government ability to support essential services to the community. 3. Supporting collection of the full amount of local transient occupancy tax from online sales of lodging. 4. Supporting the continuation of California Specialized Training Institute activities within San Luis Obispo County. 5. Opposing removal of the municipal bond tax exemption. Human Resources/Employee Relations 1. Supporting additional workers' compensation reforms that lower employers' costs while still protecting workers and opposing legislation that would restrict appropriate cost controls in the workers' compensation system. 2. Supporting pension and retiree health benefits reform efforts, policy changes, and permissible administration decisions aimed at reducing unfunded liabilities, reducing costs, and ensuring the long- term viability of the defined benefit pension system in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors. 3. Opposing the expansion of property rights in public employment and procedural requirements that hinder or significantly increase the public costs of effective performance management, including legislation that curtails management rights or obstructs the timely, efficient, and cost-effective implementation of performance management or disciplinary measures. 4. Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan and maintain comprehensive health care coverage for eligible employees, in a financially sustainable manner. 5. Supporting reforms that limit the financial impacts of joint and several liability on public entities. LEGISLATIVE ACTION PLA' Page 8 Deleted: Supporting fair share tax allocations on catalog and Internet sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales.¶ Deleted: FOR 2021 Packet Page 181 Item 18 6. Supporting the clarification, modification or repeal of AB 646 fact finding requirements and opposing measures that reduces local control over public employee disputes. 7. Opposing measures that curtail management rights or impose local government mandated employee benefits that should be directly negotiated between labor groups and employers. 8. Supporting Federal legislation to modify, refine, or eliminate Federal Labor Standards Act (FLSA) requirements on public agencies. 9. Support reforms that limit the joint and several liability to agencies who have entered into Joint Powers Agreements (JPAs). Public Safety 1. Supporting new and continued State and Federal funding support for school safety, disaster preparedness, earthquake preparedness, Homeland Security, hazardous material response, State COPS program and other local law enforcement activities. 2. Supporting preservation of the City's authority to investigate police misconduct. 3. Supporting local control on issuance of concealed weapons permits. 4. Supporting legislation to help curb drug and alcohol -related criminal behavior and underage consumption. 5. Opposing new or increased state fees for state -provided law enforcement services. 6. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs. 7. Supporting efforts to enhance radio and data system(s) stability and interoperability among public safety agencies and jurisdictions. 8. Supporting efforts to reduce retention periods for video monitoring data not related to an identified incident or operation. Deleted: v 9. Preserving the City's right to regulate activities with adverse health and safety impacts on local streets, ,Sidewalks, and rights -of -way. , _ Deleted: sidewalks LEGISLATIVE ACTION PLA' Page 9 Deleted: FOR 2021 Packet Page 182 Item 18 10. Supporting legislation to improve and enhance the safety of cargo transported via rail, including but not limited to: safety enhancements for rail vessel construction with an emphasis on efforts to rapidly improve the safe transport of volatile crude oil and limit the use of older, "grandfathered" containers and vessels; enhancements in remote monitoring and control of railcar speeds; reduction of railcar speeds in populated areas like San Luis Obispo; enhancements in communications, notifications and information dissemination to local governments, especially public safety agencies. 11. Supporting and expanding funding and programs to local iurisdictions to proactively reduce fire risk attributed to heavy vegetative fuels loads, high tree mortality, drought, and climate change to remove diseased, dead and/or down combustible vegetation, thin forests to improve forest health, and create effective defensible space between the undeveloped and developed environments. 12. Supporting grants and aid to land/property owners with properties one mile or less from natural vegetation, which are threatened by wind -driven fire events, to harden structures again fire impingement and create sustainable defensible spaces. 13. Supporting grants and aid to local governments to develop modern evacuation communications systems to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means. 14. Supporting legislation that would result in the implementation of a statewide modern evacuation communications system to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means, which is available for use by local governments at the discretion of local governments. 15. Supporting legislation to preserve and enhance local control, at the City level, for the provision of public safety services, including the scope and provision of medical and non -medical emergency services. 16. Supporting uniformity of state and federal regulations of drones and the study and adoption of appropriate local airport protections and public safety exemptions. 17. Supporting legislation regarding the safe transport and storage of nuclear waste. 18. Supporting legislation to address the education, junding, and treatment of opioid addiction. Deleted: funding 19. Supporting legislation that expands funding to manage vegetation and fuel sources in the wildland urban interface. 20. Supporting legislation to provide funding to help communities prepare for response, recovery and be resilient after natural disasters. LEGISLATIVE ACTION PLA' Page 10 Deleted: FOR 2021 Packet Page 183 Item 18 Public Works 1. Supporting increased availability of grant funding to replace aging infrastructure of all types, e.g. streets, bridges, water, sewer, parks, and storm sewer systems, etc. 2. Supporting increased funding for flood protection, clean stormwater and low impact infrastructure projects. 3. Supporting cooperation and prompt approval from Federal and State regulatory agencies (such as the Department of Fish & Wildlife, Regional Water Quality Control Board and the Army Corps of Engineers) for necessary projects involving the City's creek system. 4. Supporting monetary incentives or grant funding for alternative fuel vehicles for replacement of municipal fleet equipment. Deleted: 5. Supporting funding and policies that support and enhance active transportation modes such as bicycles, pedestrian, transit connections, and transit. 6. Supporting continued protection of SB-1 and other funding for transportation infrastructure maintenance. Parks and Recreation and Natural Resources 1. Supporting State and Federal funding and other measures to promote the acquisition, protection, preservation and restoration of natural resources, open space, coastal resources, signature land forms, wetlands and park development, including continued funding for the Land and Water Conservation Grant Program and for the California Conservation Corps. 2. Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development. 3. Supporting amendments to stormwater regulatory requirements to reduce mandatory minimum fines and penalties and the recovery of private attorneys' fees for technical non-compliance issues that do not result in adverse public health impacts or environmental harm. 4. Support stormwater requirements that are related to specific issues and include reasonable implementation timeframes and funding. LEGISLATIVE ACTION PLA' Page 11 Deleted: FOR 2021 Packet Page 184 Item 18 5. Opposing any development under existing or new offshore oil and gas leases off the Coast of San Luis Obispo County. 6. Opposing any development under existing or new oil and gas leases in San Luis Obispo County. 7. Supporting and seeking State and Federal funding and other measures to conduct research and implement land management measures for the purpose of carbon sequestration. 8. Supporting measures to prohibit discharge of pollutants into the creeks and ocean (e.g. selenium contaminated waters from the San Joaquin valley). 9. Supporting expedited distribution of remaining Proposition 1 bond funds to take advantage of the many favorable opportunities for land and easement acquisition and enhancement project contracting. 10. Supporting legislative exemption from property taxes on lands dedicated to open space purposes, which are outside the boundaries of the jurisdiction owning such lands. 11. Supporting funding to reduce or mitigate negative impacts to vital regional and community services and enhance access to parks, open space, after school programming, senior services, facilities that promote physical activity, protect natural resources, and strengthen safety and security. 12. Promoting policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas emissions, including: strengthening policies that fund parks, open -space, bike lanes and non -motorized trails through the development and implementation of a carbon credit and offset program, and advocating for the strong integration of local and regional park and non -motorized transportation improvements into "Smart Growth Scenarios" pursuant to SB 375. 13. Supporting access and connectivity to joint use of schools; parks and open space; development of streets and trails that encourage physical activity and healthy living. 14. Supporting extension or permanent legislation at the federal level of enhanced tax deductions for charitable donations of Conservation Easements 15. Supporting legislation to limit the opening of national parks (or other protected public lands, e.g. Carrizo Plain) to fossil fuel extraction. LEGISLATIVE ACTION PLA' Page 12 Deleted: ¶ Deleted: FOR 2021 Packet Page 185 Item 18 Transportation 1. Supporting changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public. 2. Supporting the continuation of, and increased funding sources for street maintenance projects, transportation improvements, transit operations and multimodal facility projects. 3. Supporting funding sources for transit electrification. 4. Supporting�ransportatior>tfunding for San Luis Obispo County, in particular funding that provides for — Deleted: clean air alternative modes of transportation with clean air benefits or4eductions in Vehicle Miles Traveled Deleted: mmt Deleted: s Deleted: gases. 5. Supporting actions to: (1) promote cooperation and mutual support between metropolitan planning organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO agencies/regional "control" of local transit providers. 6. Supporting cooperation of private transportation companies (such as Union Pacific Railroad) to reach ,; Deleted: agreements for sharing of properly secured right of way corridors for other compatible uses such as bicycle and pedestrian facilities. 7. Opposing the proposed diversion of any funding source for transportation that reduces amounts designated for transit operations. 8. Supporting funding for projects to implement adopted complete street plans demonstrated to improve public health and reduce greenhouse gas emissions. 9. Supporting provision of Cap and Trade funding for4ransportation projects. Deleted: intercity rail 10. Supporting increased funding for existing Active Transportation Program (ATP) and other sources of bicycle and pedestrian transportation funding. 11. Supporting funding for existing and future transportation needs. 12. ,Supporting funding strategies to reduce the personal cost of transportation, especially cargo and Deleted: 11 electric -assist bicycles and their supporting infrastructure. 13. Opposing proposed changes to statistical methodologies such as Metropolitan Statistical Areas that have the potential to reduce funding for transportation improvements. LEGISLATIVE ACTION PLA' Page 13 Deleted: FOR 2021 Packet Page 186 Item 18 14. ✓Supporting improvements of state and federal standards guiding application of street design and Deleted: traffic control devices to allow more flexibility for local agencies to prioritize safety, particularly for vulnerable road users, consistent with recent calls to action from groups such as the National Transportation Safety Board, NACTO and others Utilities 1. Supporting clean water and drinking water funding programs. 2Supporting recycling, waste diversion, and zero waste programs and enhancing local government's ability to comply with solid waste reduction requirements. 3. Supporting measures that require the State Water Resources Control Board and Regional Water Deleted: Quality Control Boards establish a process to evaluate, in advance of adoption, the costs of compliance for pending and future regulatory actions on NPDES permittees. 4. Supporting legislation that requires the State's environmental agencies to conduct peer review of proposed regulations to ensure that the proposal is based on sound science. 5. Supporting the elimination of mandatory minimum penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers (i.e. repeal SB 709). 6. Supporting measures to ensure reasonableness in the administration of NPDES permit governing City operations, including pursuing a municipal representative on the Regional Water Quality Control Board 7. Supporting the safe, responsible, and cost-effective reuse of Exceptional Quality or better biosolids. 8. Supporting sustainable energy programs. 9. Supporting legislation allowing cities/agencies to establish fees for the costs of operating mandated water quality programs such as, but not limited to, municipal storm water and total maximum daily loading. 10. Supporting federal legislative action and funding to transfer Salinas Reservoir from Army Corps of Engineers Military Project to Army Corps of Engineers Civil Works Project. 11. Supporting federal and state funding that would allow for transfer Salinas Reservoir from the Army Corps of Engineers to a local jurisdiction. LEGISLATIVE ACTION PLA' Page 14 Deleted: FOR 2021 Packet Page 187 Item 18 12. Supporting water conservation and water use efficiency best management practices. 13. Supporting amendments to the Urban Water Management Planning Act to recognize past investment in water conservation and the City's ability to comply with SBx7-7 and other water conservation regulations. 14. Opposing legislation that requires recycled water to be included in water conservation regulations. 15. Opposing mandatory consolidation of water systems, Deleted: without acknowledgement ofwaterrights. 16. Supporting the expansion of recycled water production and use, including potable reuse. 17. Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources. 18. Supporting the use of Public Goods Funds for the development and installation of energy saving or green energy generating projects to benefit local government. 19. Opposing legislation that diminishes the City's existing water rights. 20. Supporting the protection of water resources. 21. Supporting the protection of our natural resources from invasive species. 22. Supporting regional water resiliency initiatives Deleted: f 23. Supporting streamlined water rights amendment processes for minor water rights permit changes. Deleted: supporting a two -track option of laboratory accreditation, California Environmental Laboratory Accreditation Program (ELAP) and the National Environmental Laboratory 24. Supporting federal and statewide funding of water Infrastructure projects. Accreditation Conference (NELAC) Institute also known as TNI.¶ 25. Qpposing legislation that inhibits the City's ability to collect water and sewer bills either through Deleted: 11 terminating service for non-payment or other reasonable means absent public health or safety emergencies. 26. Opposing legislation that restricts water and sewer rates for certain customers to below the cost to provide service based on legitimate public interests such as affordable housing, senior housing, non profit public beneficial uses, and/or educational uses. LEGISLATIVE ACTION PLA' Page 15 Deleted: FOR 2021 Packet Page 188 Item 18 County/Regional Priorities v Deleted: <#>Supporting legislation and other policy 1. Supporting County land use policies and practices that are consistent with the Memorandum of considerations delivery of case rug, alcohol,nd aingforthe management, drug, alcohol, and detoxification services, and Agreement adopted by the City Council and County Board of Supervisors in 2016 regarding mental health services for all County residents, and the development near the edges of the City and opposing inconsistent policies and practices. establishment of shelter facilities for the unhoused.¶ ¶ Advocating that the County lead in the area of expanding humane shelter opportunities for the unhoused population, and expand 2. Encouraging participation by County in providing nearby parking for County employees and clients, outreach and case management services specifically tailored to and alternate transportation and parking demand reduction. the needs of homeless individuals in the County.¶ 11 11 3. Supporting Count development of a local ordinance providing additional local oversight and pp g y p p g g andregionalUnit CommunityA Lionng Teseofdata from Mobile Community Action Teams (CAT) and Mobile Crisis Units (MCU) regulation of the land application of Polluta nt Concentration (PC) or better biosol ids. outcomes, to advocate that the County allocate new resources to scale up these programs to match the need.¶ 4. Supporting the County's Flood Control and Water Conservation District efforts to solve City/County Supporting an effective and efficient update of the 10-Year Plan to End Chronic Homelessness that is action oriented and focused on flood problems. measurable, positive and realistic outcomes.l 5. Supporting the San Luis Obispo County Air Pollution Control District's legislative program, where consistent with the City's adopted policies and platform. 6. Supporting the San Luis Obispo Council of Governments' legislative advocacy activities, where consistent with the City's adopted policies,,platform, and public policy and project objectives. Deleted: platform 7. Supporting efforts to enhance dangerous animal regulation and enforcement. 8. Supporting the streamlining, clarification and simplification of conflict of interest regulations applicable to local officials. 9. Supporting regional efforts to join the,�entral Coast Community Energy„ Deleted: Monterey Bay community Power Deleted: community choice energy program 10. Supporting the Central Coast Regional Energy Network at the County Board of Supervisors, the CPUC, and related relevant entities and supporting pilot proiects in the City as feasible. 11. Supporting regional and regulatory collaboration to fund and support climate change impact projections and coordinate approaches for increasing regional resilience. 12. Supporting requirements that development outside City jurisdiction has adequate water supplies to support development activities and intensities and does not indirectly impose water service obligations to adjacent municipal water agencies. 13. Supporting assistance for those experiencing physical and mental health impacts of COVID-19 LEGISLATIVE ACTION PLA' Page 16 Deleted: FOR 2021 Packet Page 189 Item 18 Central Coast Community Energy Policy Board and Deleted: Monterrey Bay Community Power Policy Operations Board Positions City Council approved joining Central Coast Community Energy (3CE) in September 2018 and City representatives have been seated on 3CE's Policy Board, Operations Board, and Community Advisory Council since 2019.1 This section of the City's Legislative Platform identifies City of San Luis Obispo policy positions on key topics that may come before the various boards and advisory bodies of 3CE. The policy positions contained herein are intended to guide Board member ( Deleted: MRCP deliberation and voting and staff review of agenda, but are not an exhaustive list of issues that may arise. These positions are intended to extend only to advocacy for or against generally applicable policy proposals being considered by 3CE and does not extend to advocacy on any - Deleted: MRCP individual project or entitlement application pending before any decision -making body, nor does it extend to the larger legislative platform of the City. The City Council is supportive of CE policy , -- Deleted: MBCP proposals: 1. Supporting environmental justice and economic equity* Deleted: economic, social, and environmental equity. 2. Supporting 3CE investment in and support for distributed energy resources (e.g., rooftop solar), demand response, and energy efficiency. 3. Supporting climate mitigation e� g_. emissions reductions), adaptation (e.g. distributed energy Deleted: e.g. resources and grid stability), and resilience (e.g. disaster preparedness). 4. Supporting the inclusion of all segments of the community in policy making and program design processes. 5. Supporting processes that are transparent, collaborative, visible, and accessible. 6. Supporting rate, rebate, and revenue structures that rF eate a robust programs budget. Deleted: encourages 7. Supporting a portfolio of programs that focuses on economic, social, and environmental equity. 8. Supporting a portfolio of programs that focuses on strategic and intentional long-term economic development consistent with sub -regional economic development approaches. 1 3CE was formerly known as Monterey Bay Community Power (MBCP) LEGISLATIVE ACTION PLATFORM, Page 17 Deleted: FOR 2021 Packet Page 190 Item 18 9. Supporting regional climate action and a portfolio of programs that are strategically implemented to achieve regional climate targets. 10. Supporting a program design process that is transparent, collaborative, and inclusive. 11. Supporting staffing required to effectively design, advertise, implement, and monitor effectiveness of the agency's project portfolio. 12. Supporting local government access to data, transparent GHG emissions reporting, and sub -annual emissions factors as available. 13. Support programs that provide funding, technical support, or legislation that promotes grid 14. Supporting processes and governance approaches that provide sufficient time for Board members to fully participate and drive decisions, from inception to implementation. 15. Supporting projects that focus on strategic and intentional regional economic development consistent with regional economic development approaches, when feasible, and with entities that support fair wage practices and maximize benefit to local workforces, when feasible. LEGISLATIVE ACTION PLA' Page 18 Deleted: Deleted: Supporting fair distribution of resources and representation among MBCP member jurisdictions. This may also entail supporting local presence and staffing, as well as brand identity that is reflective of the entire MBCP service territory.¶ Deleted: FOR 2021 Packet Page 191 Item 18 BLANK PAGE This page is intended to be blank so that you can print double -sided. Packet Page 192 Amendments to the City's Legislative °� •� Action Platform for 2021 IN II'I' General & Organizational Improvements ■ Added a cover page ■ Amended Table of Contents to reflect changes to headers and page numbers of sections ■ Included intermittent grammar, syntax and format refinements Changes to Climate Action (Part 1 of 2) ■ Added "supporting funding and resources to focus climate investments on programs and projects that support environmental justice, economic and racial equity, and head of household jobs." ■ Added "supporting reform of CPUC policies and state legislation that supports equitable access to distributed energy resources." Changes to Climate Action (Part 2 of 2) ■ Added "supporting extended producer responsibility for packaging and single -use product manufacturing as to encourage source reduction and the manufacturing of reusable and sustainable products." ■ Added "supporting measures that make waste diversion and reduction more equitable for our residents and businesses." ■ Added "supporting legislation that makes edible food recovery and distribution more easily accessible to residents and businesses in need." *These three additions inadvertently appeared to be existing continuations from the 2020 Legislative Action Platform. Changes to Homelessness Resources Advocacy (Part 1 of 3) ■ Added "supporting legislation that supports a unified crisis response system and enhances the ability of the County Behavioral Health Director to compel assisted outpatient treatment for a person exiting a conservatorship." ■ Added "supporting legislation that would allow the courts to consider a person's medical condition or expand the definition of `gravely disabled' and consider the impact on a court's decision to certify them as a danger to themselves or others." Changes to Homelessness Resources Advocacy (Part 2 of 3) ■ Added "supporting legislation for Mental Health Services Act (MHSA) to allow for flexibility in funds earmarked for `Innovation' programs that are aimed at finding new and different ways to provide services." ■ Moved from County/Regional Priorities: "supporting legislation and other policy considerations to expand funding for the delivery of case management, drug, alcohol, and detoxification services, and mental health services for all County residents, and the establishment of shelter facilities for the unhoused.)I Changes to Homelessness Resources Advocacy (Part 3 of 3) ■ Moved from County/Regional Priorities: "advocating that the County lead in the area of expanding humane shelter opportunities for the unhoused population, and expand outreach and case management services specifically tailored to the needs of homeless individuals in the County." ■ Moved from County/Regional Priorities: "supporting the use of data from City and regional Community Action Teams (CAT) and Mobile Crisis Units (MCU) outcomes, to advocate that the County allocate new resources to scale up these programs to match the need." ■ Moved from County/Regional Priorities: "supporting an effective and efficient update of the 10-Year Plan to End Chronic Homelessness that is action oriented and focused on measurable, positive and realistic outcomes." Changes to Community Development ■ Removed "supporting modern and cost-efficient, thorough and accurate methods for the population to exercise its civic obligation to be counted in the 2020 census." Changes to Public Safety ■ Removed "Supporting the Keeping California Safe Act legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity." *This removal was inadvertently not reflected in the Council Agenda Report and relates to the defeat of Prop. 20 on the 2020 ballot Changes to Finance ■ Removed "supporting fair tax allocations on catalog and internet sales; and opposing legislation that limits state or local authority to tax catalog or internet sales." Changes to Transportation ■ Added "supporting funding strategies to reduce the personal cost of transportation, especially cargo and electric -assist bicycles and their supporting infrastructure." ■ Added "opposing proposed changes to statistical methodologies such as Metropolitan Statistical Areas that have the potential to reduce funding for transportation improvements." ■ Added "supporting improvements of state and federal standards guiding application of street design and traffic control devices to allow more flexibility for local agencies to prioritize safety, particularly for vulnerable road users, consistent with recent calls to action from groups such as the National Transportation Safety Board, NACTO and others." Changes to Utilities ■ Added "supporting federal and state funding that would allow for transfer of Salinas Reservoir from the Army Corps of Engineers to a local jurisdiction." ■ Removed "supporting a two -track option of laboratory accreditation, California Environmental Laboratory Accreditation Program (ELAP) and the National Environmental Laboratory Accreditation Conference (NELAC) Institute also known as TNI." ■ Added "opposing legislation that inhibits the City's ability to collect water and sewer bills either through terminating service for non-payment or other reasonable means absent public health or safety emergencies." ■ Added "opposing legislation that restricts water and sewer rates for certain customers to below the cost to provide service based legitimate public interests such as affordable housing, senior housing, non profit public beneficial uses, and/or educational uses." Changes to Central Coast Community Energy Policy Board and Operations Board Positions (Part 1 of 2) ■ Amended previous section title from "Monterey Bay Community Power Policy Board and Operations Board Positions" to above title. ■ Removed references to Monterey Bay Community Power (MBCP) and substituted with Central Coast Community Energy (3CE). ■ Added "supporting 3CE investment in and support for distributed energy resources (e.g., rooftop solar), demand response, and energy efficiency." Changes to Central Coast Community Energy Policy Board and Operations Board Positions (Part 2 of 2) ■ Added "support programs that provide funding, technical support, or legislation that promotes grid independence and resiliency." ■ Removed "supporting fair distribution of resources and representation among MBCP member jurisdictions. This may also entail supporting local presence and staffing as well as brand identity that is reflective of the entire MBCP service territory." Council Suggested Additions ■ Add to County/Regional Priorities, "supporting the Integrated Waste Management Authority's (IWMA) legislative platform, where consistent with the City's adopted policies, platforms, and public policy and project objectives." ■ Add to County/Regional Priorities, "Supporting regionally led and funded efforts to explore Public Banking."