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HomeMy WebLinkAbout03/06/2001, C3 - 2001 LEGISLATIVE ACTION PROGRAM council 3- 01 j acEnaa Report �°� r, 3 CITY OF SAN LUIS OBISPO FROM: Jeffrey G.Jorgensen, City Attorney SUBJECT: 2001 Legislative Action Program CAO RECOMMENDATION A. Adopt a resolution establishing legislative priorities for 2001 DISCUSSION Attached for the Council's consideration is the 2001 Legislative Action Program Resolution. Similar resolutions have been adopted by the Council since 1993. The City Attorney's Office coordinates the Legislative Action Program with the assistance of the City Administrator's Office and the various City departments. This resolution authorizes staff to respond to legislative issues affecting the City (via letters signed by the Mayor, or in his absence, a Councilmember), provided that the positions taken in the letters are consistent with the priorities identified in Exhibits A and B of the resolution. By establishing broad legislative priorities and delegating responsibility to 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 needed to be brought to the Council on a formal agenda. The process has been efficient given the limited City resources available, and the City has been very active in communicating our position on Federal and State legislation which effects our interests. In addition to the submission of letters to Federal and State officials, the resolution also encourages "face-to-face"communication,which should(1) focus on our Federal and State representatives; (2) continue to emphasize our relationship with north county cities and agencies, and (3) attempt to establish effective communication with the County'concerning land use issues adjacent to the City, and County government expansion/parking in the downtown. FISCAL IMPACT Minor additional staff workload is anticipated. ALTERNATIVES The Council is encouraged to provide any additional recommendations on the process or specific priorities. C3-1 Council Agenda Report—Report Title Page 2 Attachments 1. Resolution(establishing Legislative Priorities) 2. Exhibit A,Legislative Action Program 3. Exhibit B (League Legislative Priorities) C3-2 I Attachment 1 RESOLUTION NO. (2001 Series) ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PROGRAM AND PRIORITIES FOR 2001 WHEREAS,a major objective of the City Council is to adopt an aggressive legislative program 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,with four County supervisors representing different portions of the City,it is imperative that the City develop an improved system for regular communication with the Board of Supervisors,particularly concerning land use issues adjacent to the City; and WHEREAS,the City should continue to emphasize developing a positive relationship with North County Cities and agencies concerning water 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 legislative 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 Program is face-to-face meetings between City representatives and elected officials at the Federal, State,and County levels, and C3-: 3 Resolution No. (2001) Page Two 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 establish the Legislative Action Priorities for 2001,as set forth in the attached Exhibits"A" and'B", and authorizes staff to take positions on legislation generally consistent with the Legislation Action Priorities and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City. Upon motion of seconded by , and on the following roll call vote: Ayes: Noes: Absent: the foregoing resolution was adopted this day of 2001. Mayor Allen Settle ATTEST: City Clerk APPRO AS TO FORM; 1t^o0Y7- C3-. EXH03IT A: CITY LEGISLATIVE ACTION PRIORITIES FOR 2001 FEDERAL PRIORITIES • Requiring funding of federally mandated programs,including newwater/wastewater regulations,or eliminating such mandates • Promoting continued and increased funding sources for transportation, especially transit • Obtaining new funding sources to expand low and moderate income housing • Supporting legislation to transfer ownership of Salinas Reservoir to a local agency for the purpose of facilitating the Salinas Dam Expansion Project • Supporting legislation on coastal preservation • Supporting legislation that provides regulatory relief to local government in complying with the Fair Labor Standards Act and overtime provisions for exempt employees • Supporting continued funding for the Land and Water Conservation Grant Program • Supporting legislation to exempt cities from liability for leakage of hazardous waste discharge to Publicly Owned Treatment Works(POTW's) from sewers • Supporting legislation which strengthens the ability of cities to control their public rights-of-way and apply zoning regulations relative to the telecommunications industry • Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all types; e.g.: streets,bridges,water and sewer systems,etc. • Supporting legislation that grants monies to local government for infrastructure improvements in areas that have contamination from oil and gas production. • Endorsing legislation which 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 • Supporting legislation which assists welfare reform to work in a positive way and provides funding for the social service programs of local non-profit organizations • Obtaining cooperation and prompt approval from the Environmental Protection Agency (EPA)and Army Corps of Engineers for necessary flood control projects and lake dredging Exhibit A A-1 C3- 5 ; • Supporting legislative action to retain the existing process of local judicial review of land use decisions,thus avoiding preemptory,premature intrusion of federal courts into matters best known to local authorities at the local level • Supporting legislation for grant funding for steelhead restoration projects • Opposing mandatory social security for newly hired local governmental employees • Supporting legislation to promote the responsible and cost effective reuse of biosolids • Supporting the existing federal water efficient plumbing standards contained in the Clean Water Act • Promoting Federal efforts toward preservation of open space,coastal resources signature land forms,wetlands,and other natural resources or areas threatened by development • Supporting the creation of National Marine Sanctuary off the Coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development • Supporting legislation that encourages research and development by businesses through tax credits or other incentive programs • Supporting legislation that grants monies to local agencies,educational institutions and non-profit corporations to provide incubator services to new and small businesses dedicated to developing new technologies • Supporting legislation that funds the arts—especially public art • Seeking federal participation in the Ahearn property acquisition(within the boundaries of Los padres National Forest)through the Federal Forest.Legacy Program or other appropriate Federal funding program • Opposing the use of Fort Hunter-Liggett as a bombing range STATE PRIORITIES FINANCE • Supporting efforts to protect the City from loss of revenues due to State mandates • Supporting legislation that strengthens opportunities for local fiscal independence A-2 C3 (o • Returning ERAF r Supporting efforts to "protect,preserve and reform"local government revenue sources • Supporting legislation which better assures any reductions in Vehicle License Fees by the State will be back-filled to local government in a permanent way • Supporting funding for state tourism promotion • Endorsing legislation which provides local government with a fair share tax on catalog and intemet sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales COMMUNITY DEVELOPMENT • Opposing mandated State approval.of local General Plan Elements,such as implementing and compliance with State General Plan Housing element law • Promoting funding sources to encourage the retrofitting of unreinforced masonry' buildings • Promoting state efforts toward preservation of open space,coastal resources,signature land forums,wetlands,and other natural resources or areas threatened by development • Promoting realistic housing requirements in the Housing Element • Promoting the concept of Urban Growth Boundaries • Promoting funding for the arts, especially public art • Promoting legislation which moves final decision on school site locations from school district authority to local government(city or county)authority • Preserving local control of planning and zoning matters(such as the prohibition of drive-through windows PUBLIC SAFETY • Preserving city's authority to investigate police misconduct • Preserving city's authority to establish emergency medical service levels • Increasing City authority to regulate group homes for juvenile offenders • Continuing support.for disaster preparedness/earthquake preparedness C3 7 A-3 _ • Supporting grant requests for Regional Hazardous Material Response Team, and a training facility • Supporting efforts to secure higher levels of cost recovery for DUI's • Supporting efforts to expand the scope of parental,responsibility for crimes committed by minors • Supporting efforts to provide the Governor with authority to override the parole board when anyone convicted of a violent offense is proposed to be released on parole • Preserving the authority of local control on issuance of concealed weapons permits • Supporting a state-wide gaming commission to oversee all forms of gambling in the state • Retaining budget commitments for Public Safety supplementaLfimding-State COPS Program s Supporting legislation to help curb underage drinking • Supporting another ABC inspector to work on minor/alcohol issues • Opposing new or increased state fees for state provided law enforcement services TRANSPORTATION • Changing Gas tax laws to allow local tax for transportation`purposes based on a majority vote of the public • Increasing transportation funding(including transit,bicycles,others), especially transit HUMAN RESOURCES/EMPLOYEE RELATIONS • Further reforming Worker's compensation • Supporting the legal challenge to SB 402,which instituted a.system of compulsory and binding arbitration for the resolution of collective bargaining disputes with police and fire employees for all public agencies • Preserving the fiscal integrity of PERS and opposing State mandates that augment PERS benefits outside of the collective bargaining process -4 Q3- g • Opposing the expansion of the"Peace Officers' Bill of Rights"or other attempts to curtail management rights • Monitoring employee healthcare/benefit changes PUBLIC WORKS • Better defining"qualified"bidders in public contracts bidding • Redefining Prevailing wages as"average"local wages • Streamlining Federal and State process for finding street projects • Increase to$20,000 limits of work(from$5,000)for public projects not requiring competitive bidding PARKS AND RECREATION AND NATURAL RESOURCES • Supporting recreational programming,particularly for"at risk"individuals within the City • Supporting funding for: protection of natural resources(e.g.,the Morros),open space, and parks development(e.g. Proposition 12) • Supporting funding for rehabilitation of urban parks • Supporting efforts at the State level for a park and open space bond measure • Seeking legislative grants supporting the City's acquisition of properties in the City greenbelt • Obtaining grant funding for unmet community recreational needs • Improving the timeliness and accuracy of fingerprinting for volunteers • Supporting another statewide parks and recreation bond measure to be adopted by the state legislature, approved by the governor, and passed by the voting public • Encouraging the State Department of Parks and Recreation to expedite the distribution of Proposition 12 funds A-5 C3 9 i • Encouraging our local legislators to include an item in the state budget to allocate $1,000,000 to the City for construction of a portion of the Community Center/Therapy Pool project UTILITIES • Providing funding for reclaimed water programs • Supporting clean water grant programs • Supporting legislation to enhance local government's ability to comply with solid waste requirements • Supporting legislation to eliminate mandatory penalties for violations of NPDES Requirements and retuming discretionary control to the Regional Water Quality Control Board Executive Officers. (Repeal SB 709) • Supporting legislation which will enhance market development for recycled materials • Supporting legislation to exempt cities from liability for leakage of hazardous waste discharged to POTW's from sewers • Supporting legislation to increase availability of grant funding for-replacement of aging infrastructure • Supporting legislation promoting the responsible and cost-effective reuse of biosolids • Supporting legislation to streamline the state regulatory permit process through the use of general permits • Supporting legislation to establish water efficiency standards in the"Appliance Efficiency Standards" COUNTY PRIORITIES • Reaching agreement with the County and North County communities on solutions for Salinas Reservoir expansion and Nacimiento pipeline projects • Developing consistency between the City and County General Plans,particularly to emphasize the concepts that(1)urban development should be municipal, and(2) unincorporated areas shall remain rural,agricultural,or open space in character • Working cooperatively with the County in the construction of County administrative and judicial offices and courts in the in the downtown area A-6 C3=.1D_ I • Improving regional solid waste management • Developing cooperative approaches for providing services on a regional basis • Resolving County issues relative to the local review of biosolids to maximize our opportunities for safe and cost effective reuse opportunities • Discussing and resolving issues on the City periphery, such as conversion of agricultural zoning to residential subdivision and industrial use, allowing increases in density in residential and"industrial areas,allowing substantial development beyond the City's urban reserve line and giving greater credence to and respecting the integrity of the City's planning process • Continuing to work with other cities to convince the County that urban-like development should take place within the boundaries of cities, and not in the unincorporated areas—and especially not within the urban growth boundaries of cities • Encouraging participation by County in providing nearby parking for County employees and clients EDUCATION • Supporting efforts to adequately fund the educational units within our community: -primary and secondary schools -special education programs for disadvantaged as well as gifted students -Cuesta College -the CPSU/SLO,whose unique programs and educational approach within the CSU warrant special consideration A-7 City Forum What's Cooking at the State Capitol? The League's Legislative Goals for 2001 What's cooking at the Capitol?For California's cities, coping with dramatic growth and the issue of local control are this year's urgent priorities. During the past legislative session, the priorities were fiscal reform, expanding transportation funding and killing the binding arbitration legislation. The League was partially successful in accomplishing those goals, and there is ongoing work under way to continue that effort-for example, the ongoing SB 402 litigation and discussions with the governor's administration about fiscal reform. Priority Goals for the 2001 Session At its November 2000 meeting,the League's board of directors adopted the organization's legislative priorities for 2001. Inmost years,the board has set forth a policy framework or list of priority goals to help focus the League's legislative advocacy efforts. When considering goals and priorities for the upcoming legislative session,the board thought it advisable to factor in two important elements: • The League's renewed focus on local control; and • The need for a response to the tremendous growth pressures facing our state and its cities in the next 10 to 25 years. According to any informed observer, California anticipates staggering population increases that will stretch(and possibly break)the state's ability to provide public facilities, infrastructure and services. The priorities adopted by the board reflect a strategy for dealing with this inevitability. At the local level, it is a question of how to create, develop or protect the communities we have and make them livable for future residents. With this in mind,the board adopted the following priority goals for the 2001 legislative=session. 1.Local Control • Advocate legislation that enhances local control of resources and tools that allow city councils to address the needs of city residents within a framework of regional cooperation; • Oppose new unfunded mandates and pre-emption of local authority; and • Encourage the use of-state incentives, rather than mandates for local government action. 2. Fiscal Reform • Reform the local government finance structure in away that establishes a stable revenue base for local governments to plan for future growth and provide needed public facilities and services; and • Enact revenue measures that close the gap between the tax revenue from development and the cost of providing public services. Exhibit B C3-12, B-1 3. Transportation Investment • Enact a stable transportation finance structure for state and local government that balances and supports all modes of transportation to enhance livable local communities. A Look at This Year's Issues In addition to these goals for 2001 and beyond, city officials can reasonably expect to see a number of other issues on the city agenda this year. The issues, arranged by the League policy committees that address them, are: Administrative Services • Internet voting legislation; • Expanded immunity protection for hazardous recreational activities; and • Erosion of municipal immunity or expansion of exposure for local government on issues of tort liability. Community.Services • City authority for childcare services and a variety of at-risk youth issues. Employee Relations o Create greater risk pool options for smaller PERS contracting agencies; • Possible PERS/STRS merger and impact on PERS contracting agencies; • Workers compensation reform and benefit increase package; • Erosion of employer authority for employee off=duty activities; and • Further implementation of Public Employment Relations Board jurisdiction over cities, counties and special districts. Environmental Quality • Reopening discussion of electric restructuring and its impact on city operations, city residents and municipal utilities; • Revitalization of brownfields; • Improvement of water quality and nonpoint pollution issues; and • Continue to further define the role of state and local agencies in solid waste facilities planning and permitting. Housing, Community and Economic Development. • New "smart growth" initiatives,ranging from transit-oriented development proposals to efforts to promote multi-family housing; • Develop additional housing funding mechanisms, including the service-cost imbalance issue; C3-13 B-2 /J • Greater state funding matches for local general plan updates; • Imposition of water supply considerations on land use planning; • Expand database for local communities on group home issues; and • Improve coordination between school sitting and local general plans. Public Safety • Increase bed space and other resources available in state and county detention facilities; and • Explore resolution to EMS governance issues. Revenue and Taxation • Fiscal reform and revenue.recovery issues; • Resolve the e-commerce taxation issues as state and federal moratoria come to a close; • Reform state reimbursement of state imposed mandates; • Industry-government collaboration on utility user tax structure; and • Reform Board of Equalization rule-making authority. At the local level, it is a question of how to create, develop or protect the communities we have and make them livable for future residents. Transportation, Communications and Public Works • Shift sales tax on gasoline permanently for transportation purposes at state and local level; • Secure constitutional authority for majority vote on transportation finance measures; • Expand design-build contract work and establish appropriate retention levels on public works projects; • Monitor truck weight-limit increases and their impact on state and local highways, streets and roads; • Project delivery on the governor's 2000 congestion plan; and • Renew"Next TEA" (Transportation Efficiency Act) for federal transportation finance. B-3 C3-./