HomeMy WebLinkAbout01-20-2015 B4 2015 Legislative Action PlatformCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: J. Christine Dietrick, City Attorney
SUBJECT: 2015 LEGISLATIVE ACTION PLATFORM
RECOMMENDATION
1. Adopt a resolution establishing a Legislative Action Platform for 2015.
2. 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.
DISCUSSION
Legislative Action Program
Attached for the Council’s consideration is a resolution establishing the City’s 2015 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 Attachment 2, Exhibits A and B.
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 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 2014, the Mayor, on behalf of the City Council, sent
15 letters pertaining to pending legislation utilizing the Council Legislative Action Platform.
In preparing this year’s draft program, input was solicited from all City Departments. All changes,
including language clean-ups and issue consolidations, are shown in the legislative draft of the 2015
Platform attached to this report (Attachment 1).
Legislative Liaison Appointments
The League of California Cities encourages cities to appoint a council member and a staff person to
act as legislative liaison between the League and the City. It is recommended that Mayor Jan Marx
act as the Council legislative liaison and the City Attorney and the City Manager serve as the staff
liaisons.
01/20/2015
B4
B4-1
2015 Legislative Action Platform Page 2
FISCAL IMPACT
Because no additional staff workload is anticipated as a result of this ongoing program, no new
fiscal impact will be incurred.
ALTERNATIVES
The Council may wish to include other issues, not included in the current draft. However, it is also
important to note that the Legislative 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 fairly generally crafted and flexible to allow for quick
responses to legislation important to cities.
ATTACHMENTS
1. Legislative Draft of the Legislative Action Platform for 2015
2. Resolution which will include Exhibit A (Legislative Action Platform for 2015, as approved
or amended by Council ) and Exhibit B (League of California Cities 2015 Federal
Priorities)
B4-2
R ____
RESOLUTION NO. XXXX (2015 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING THE CITY LEGISLATIVE
ACTION PLATFORM FOR 2015 AND APPOINTING THE COUNCIL
MEMBER AND STAFF PERSON 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”, the
League of California Cities federal priorities identified in Exhibit "B", 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:
1. Establish the Legislative Action Platform for 2015 as set forth in the attached Exhibits
“A” and “B” and authorize 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
2. Appoint Mayor Jan Marx to act as Council Member legislative liaison and City Manager
Katie Lichtig and City Attorney J. Christine Dietrick to act as staff legislative liaisons with the
League of California Cities.
B4-3
Resolution No. XXXX (2015 Series)
Page 2
Upon motion of ____________________ , seconded by ________________, and on the
following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ___th day of __________ 2015.
___
Mayor Jan Marx
ATTEST:
_______________________
Anthony J. Mejia, MMC
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, this ______ day of ______________________, __________.
_______________________
Anthony J. Mejia, MMC
City Clerk
B4-4
Attachment 1
1
CITY OF SAN LUIS OBISPO
LEGISLATIVE ACTION PLATFORM FOR 2015
Community Development
1. Promoting reforms of the entire State mandated HCD Regional Housing Need
Allocations process to recognize local resource limitations.
2. Provide funding (i.e. through Cap and Trade or other sources) for communities
to pay for public infrastructure that meet mandated greenhouse reduction goals.
1.3. Provide funding to implement programs and related action items contained in
Climate Action Plans to quantitatively reduce greenhouse gases.
2.4. Promoting funding sources to accomplish retrofitting of unreinforced masonry
buildings.
3.5. Promoting funding of on campus housing at Cal Poly for student and faculty
housing and University acquisition of single family residences for staff and faculty
housing.
4.6. Preserving local control of planning and zoning matters.
5.7. Supporting efforts to increase funding for affordable housing and supportive
housing services for very low, low and moderate income individuals and/or families
for all cities and communities and opposing the erosion of local inclusionary housing
and in-lieu fee programs.
6.8. Promoting additional state funding to implement SB 375 through local general
plan updates that implement the regional sustainable communities plan and alternative
planning strategy, if needed.
7.9. Promoting funding for the identification, acquisition, maintenance and
restoration of historic sites and structures.
8.10. Supporting continued or expanded funding for CDBG program.
9.11. Supporting reinstatement of protections from imposition of additional building
or site conditions prior to issuance of a building permit for seismic related
improvements to buildings subject to a mitigation program established according to
B4-5
Attachment 1
2
state law (our City URM Program) as previously provided in Government Code
Section 8875.10 (this section was repealed effective January 1, 2009).
10.12. Supporting continued local control over mobile home park rent stabilization and
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.
11.13. Promoting a legislative "fix" to lending constraints that prevent financing for
and implementation of AB 811 property-assessed clean energy districts.
12.14. Encouraging a legislative "fix"continued viability of to inclusionary housing
provisions and avoidance of conflicts with Costa-Hawkins Act.
13.15. Encouraging consistency in state legislation dealing with transportation,
housing and land use issues and eliminating potential conflicts between regional
housing requirements, smart growth mandates and environmental legislation.
14.16. Enabling the issuance of parking citations on private property.
15.17. Advocating full funding of authorized programs under the McKinney-Vento
Homeless Assistance Act, including providing more flexibility in the use of Federal
funds on the local level to address housing for the homeless.
16.18. Supporting responsible review and revision of CEQA to ensure sound
environmental determinations.
Economic Development
17.19. Promoting funding and/or legislation using tax credits or other incentive
programs to encourage research and development by businesses in California.
18.20. Supporting funding and policies for the promotion of California as a place to
locate businesses.
19.21. Supporting funding for the state tourism promotion program.
20.22. Supporting the effective and efficient use of all communications technologies
B4-6
Attachment 1
3
including voice, video, data, and information services over wired and wireless
transmission technologies.
21.23. 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.
22.24. Supporting the expansion of public infrastructure financing tools and funding
for infrastructure to provide economic development opportunities.
23.25. Promoting development of green business and head of household jobs.
Finance
24.26. Supporting meaningful fiscal reform that allows each level of government to
adequately finance its service responsibilities while cContinuing to support efforts to
protect the City from loss of revenues due to State take-aways and unfunded State or
Federal mandates.
25.27. Endorsing legislation that provides local government with a fair share tax on
catalog and Internet sales; and opposing legislation that limits state or local authority
to tax catalog or Internet sales.
28. Supporting efforts to collect the full amount of local transient occupancy tax
from online sales of lodging.
29. Supporting the continuation of California Specialized Training Institute
activities within San Luis Obispo County.
30. Opposinge legislation that removes the municipal bond tax exemption.
31. Supporting clarity regarding local regulatory control and revenue equity for
cities in any statewide regulation or permitting of medical marijuana establishments or
uses.
Human Resources/Employee Relations/Human Relations
26.32. Supporting additional workers compensation reforms that lower employers'
B4-7
Attachment 1
4
costs while still protecting workers.
27.33. Supporting pension and retiree health benefits reform efforts in concert with
the League of California Cities and the California Public Employees Retirement
System (PERS) Board of Directors.
28.34. Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters'
Bill of Rights," or other attempts to curtail management rights.
29.35. Supporting legislation that provides funding sources for appropriate human
service agencies that support the mission of the Human Relations Commission.
30.36. Supporting legislation to protect the City's continued ability to administer its
Cafeteria b enefit Plan.
31.37. Supporting reforms that limit the financial impacts of joint and several
liability on public entities.
38. Supporting the clarification, modification or repeal of AB 646 fact finding
requirements.
32.39. Opposing the expansion of procedural rights and requirements in administrative
disciplinary proceedings that increase costs and expand the timeframe and scope of
administrative processes.
Public Safety
33.40. Continuing 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.
34.41. Preserving the City's authority to investigate police misconduct.
35. Preserving the City's authority to establish both medical and non-medical
emergency service levels.
36.42. Supporting efforts to expand the scope of parental responsibility for crimes
committed by minors.
37.43. Preserving the authority of local control on issuance of concealed weapons
B4-8
Attachment 1
5
permits.
38.44. Supporting legislation to help curb alcohol-related criminal behavior and
underage drinking.
39.45. Opposing new or increased state fees for state provided law enforcement
services.
40.46. Supporting the fair and efficient allocation of radio spectrum that provides
quality frequencies, free from interference, for all local public safety
communication needs.
41.47. Supporting efforts to reduce retention periods for video monitoring tapes.
48. Preserving the City's right to regulate activities with adverse health and safety
impacts on local streets, sidewalks and right-of-ways.
49. 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.
42.50. 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.
Public Works
43.51. Supporting increased the availability of grant funding to replace aging
infrastructure of all types, e.g. streets, bridges, water, sewer, parks, and storm sewer
systems, etc.
52. Supporting increased funding for projects that improve flood protection for the
City.
53. SupportinngSupporting funding for implementation of clean stormwater / low
impact infrastructure replacement.
B4-9
Attachment 1
6
44.54. Ensuring cooperation and prompt approval from Federal and State regulatory
agencies (such as the Department ofFish & Game, Regional Water Quality Control
Board and the Army Corps of Engineers) for necessary projects involving the City's
creek system.
55. Exempting assessments for vital infrastructure from Proposition 218
requirements.
45.56. Supporting monetary incentives or grant funding for alternative fuel vehicles
for replacement of municipal fleet equipment.
46.57. Supporting monetary incentives or grant funding for retrofitting municipal
buildings with Energy Management Systems to centrally control all lighting and
HVAC systems.
47.58. Supporting realistic municipal clean stormwater requirements at the State Board
or legislative level.
Parks and Recreation and Natural Resources
48.59. 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.
49.60. 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.
50.61. Opposing any development under existing or new offshore oil and gas leases
off the Coast of San Luis Obispo County.
51.62. Supporting measures to prohibit discharge of pollutants into the ocean (e.g.
selenium contaminated waters from the San Joaquin valley).
52.63. Supporting placement of the new land and water conservation bond
measures(Proposition 1) and encouraging the Resources Agency and its departments to
expedite the distribution of existing bond funds and other funds resulting from special
B4-10
Attachment 1
7
legislation and voter-approved bond measures, to take advantage of the many favorable
opportunities for land and easement acquisition and enhancement project contracting
that exist at this time.
53.64. Seeking legislative exemption from property taxes on lands dedicated to
open space purposes which are outside the boundaries of the jurisdiction owning
such lands.
54.65. Protecting funding for vital regional and community services that negatively
impact Californian's access to parks, open space, after school programming, senior
services, facilities that promote physical activity, protect natural resources, and
strengthen safety and security.
55.66. 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.
67. Supporting access to joint use of schools; parks and open space;
development of streets and trails that encourage physical activity and healthy
living.
68. Supporting extension or permanent legislation at the federal level of enhanced
tax deductions for charitable donations of Conservation Easements
Transportation
56.69. Supporting changes in gas tax laws that allow local tax for transportation
purposes based on a majority vote of the public.
57.70. Supporting the continuation of, and increased funding sources for street
maintenance projects, transportation improvements, transit operations and bicycle
facility projects.
58.71. Supporting clean air transit funding for San Luis Obispo County, in
B4-11
Attachment 1
8
particular funding that provides for alternative modes of transportation with clean
air benefits.
59.72. 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 MPO agencies/regional "control" of local transit
providers.
60.73. Encouraging private transportation companies (such as Union Pacific
Railroad) to reach agreements for sharing of properly secured right of way corridors
for other compatible uses such as bicycle and pedestrian facilities.
61.74. Opposing the proposed diversion of any funding source for transportation
that reduces amounts designated for transit operations.
62.75. Supporting funding for projects to implement adopted complete street plans
demonstrated to improve public health and reduce greenhouse gas emissions.
Utilities
63.76. Supporting clean water funding programs.
64.77. Supporting recycling and waste diversion programs such as green waste
composting and enhancing local government's ability to comply with solid waste
reduction requirements.
65.78. Supporting measures that require the State Water Resources Control Board
and Regional Water Quality Control Boards establish a process to evaluate, in
advance of adoption, the costs of compliance for pending and future regulatory
actions on NPDES permitees.
66.79. 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.
67.80. Supporting measures that require the State Water Resources Control Board
and Regional Water Quality Control Boards establish a process to evaluate, in
advance of adoption, the costs of compliance for pending and future regulatory
actions on NPDES permitees.
B4-12
Attachment 1
9
68.81. Supporting the elimination of mandatory penalties for violations of NPDES
Requirements and returning discretionary control to the Regional Water Quality
Control Board Executive Officers (i.e. repeal SB 709).
69.82. 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
70.83. Promoting the safe, responsible, and cost-effective reuse of Exceptional
Quality or better biosolids.
71.84. Supporting any appropriate sStreamlining the state regulatory processes.
72.85. Supporting sustainable energy programs.
73.86. Supporting incentives for distributed energy generation projects such as solar
power.
74.87. 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.
75.88. Supporting federal legislative action to transfer Salinas Reservoir from Army
Corps of Engineers Military Project to Army Corps of Engineers Civil Works
Project.
76.89. Supporting the implementation of the California Urban Water Conservation Council's Best Management Practices regarding urban water conservation and compliance with AB 1420.
77.90. 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.
78.91. Supporting legislation eliminating departing load charges which discourage the
use of alternative energy resources.
79.92. Allowing the use of Public Goods Funds for the development and installation of
energy saving or green energy generating projects to benefit local government.
80.93. Promoting the protection of water resources, including water quality, watershed
B4-13
Attachment 1
10
protection, and treatment discharge measures.
81.94. Supporting the protection of our natural resources from invasive species.
82.95. Promoting sustainability of our water resources through the use of recycled
water and other best practices.
County/Regional Priorities
83.96. Supporting legislation and other policy considerations to expand funding for the
delivery of case management, drug, alcohol, and detoxification services, mental health
services, and the establishment of shelter facilities.
84.97. Working with the County to assure land use practices that are consistent with
the Memorandum of Agreement adopted by the City Council and County Board of
Supervisors in 2005 regarding development near the edges of the City.
85.98. Encouraging participation by County in providing nearby parking for County
employees and clients, and alternate transportation and parking demand reduction.
86.99. Supporting County development of a local ordinance providing additional local
oversight and regulation of the land application of Pollutant Concentration (PC) or
better biosolids.
87.100. Working cooperatively with the County to solve City/County flood
problems.
88.101. Supporting the San Luis Obispo County Air Pollution Control District's
legislative program, where consistent with the City's adopted policies and platform.
89.102. Supporting the San Luis Obispo Council of Governments' legislative
program, where consistent with the City's adopted policies and platform.
90.103. Supporting County efforts to enhance dangerous animal regulation and
enforcement.
B4-14
2015FEDERAL PRIORITIES
Protect Local Revenue and Land Use Authority
Local government land use and revenue authority is critical to the federal-state-local
partnership effort to advance community and economic development and must be
preserved. As such,the League urges Congress to:
x Support the Marketplace Fairness Act;
x Oppose a permanent extension to the Internet Tax Freedom Act;
x Oppose efforts by online travel companies to circumvent remittance of transient
occupancy taxes (TOT) from hotel reservations purchased using the internet.
Support Community and Economic Development
The League urges Congress topreserve maximum funding for the Community
Development Block Grant (CDBG) programand seek flexibility in the CDBG state
program to enhance the use of the program by California’s 314 non-entitlement cities
(cities under 50,000).
The League also supports maintainingthe tax exempt status of municipal bonds and
opposesproposals to cap the investor tax deduction on municipal securities
investments.
Adopt a Long-Term Transportation Bill&Make the Highway Trust Fund Solvent
The previously enacted transportation reauthorization bill, MAP-21, expires next year.It
is critical that Congress enact a six-year bill that allows municipalities to plan for long
term investments in surface transportation and targets funding for municipalities and
local transportation agencies.The new authorization bill should focus on maintenance
and preservation, and providefunding for roads, bridges, freight, and transit.
Better Rail Safety
Note: Policy for this priority is developing and will be considered at the January 2015
policy committee meetings and February 2015 Board meeting. They will be included in
this document after adoption by the Board.
Balanced Approach to Budgeting and Appropriations
The League urgesCongress to adopt a bipartisan and balanced approach to
appropriations that also minimizesspending cuts. California cities have already faced
deep reductions in spending, forcing cuts to a number of critical local services and
dramatic job losses for first responders. Additional cuts will imperil the services that city
residents desperately need.
1400 K Street, Suite 400 x Sacramento, California 95814
Phone: (916) 658-8200 Fax: (916) 658-8240
www.cacities.org
Exhibit B
B4-15
Enact Comprehensive Immigration Reform
Like the National League of Cities and many others across our nation, the League of
California Cities believes comprehensive immigration reformshould be an urgent
priority of Congress to enact comprehensive immigration reform. Every day cities are
affected by the current dysfunction in our immigration system, and the need for action is
critical.
Support Investments in Affordable Housing
California’scities are deeply concerned with the need for affordable housing. The
League urges Congress to support legislation and proposals that provide incentives and
resources to assist in the reorganization and replacement of existing infrastructure to
support California's growing population. In addition, the League supports proposals
such as the HOME Program that provide a variety of financial restructuring options,
such as loan forgiveness, payment deferrals, grants, loans and loan guarantees to
provide and preserve rental housing for long-term affordable use.
Invest in Water and Wastewater Infrastructure
California cities’ water and wastewater systems need a significant overhaul to keep the
world’s eighth largest economy moving. The League urges Congress toprovide
adequate and reliable long-term financing solutions for municipal water delivery,
maintenance and treatment needs to meet federally mandated water quality standards,
and maintain the vital infrastructure necessary to ensure the availability of cleanwater
for an increasing population.
The League also encourages the Army Corps of Engineers and the Environmental
Protection Agency toexpeditiouslyimplement theWater Infrastructure Finance and
Innovation Authority (WIFIA)programas authorized by the Water Resources
Development Act (WRDA) in 2014.
Invest in Public Safety and Disaster Preparedness
To strengthen California’s homeland security, emergency preparedness and crime-
fighting efforts, the League urges Congress tomaintain federal investment in resources
critical to enabling local law enforcement to adequately provide public safety.
Specifically, the League supports full funding for the Byrne/Justice Assistance Grants
(JAG) program,the Community Oriented Policing Services (COPS) program, the
Staffing for Adequate Fire and Emergency Response (SAFER),the Assistance to
Firefighters grant programs and for disaster preparedness, prevention, recovery, and
response for all-hazard threats.
Develop Energy Efficient and ResourceConservation Strategies
The League urges Congress toallotfederal resources to assist regional and local
governments in developing and implementing energy efficiency and conservation
strategies and ensure that local governments can continue, and not be preempted in,
their efforts to achieve economic improvements through increased energy efficiency and
conservation plans that seek to decrease carbon emissions.
Exhibit B
B4-16