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HomeMy WebLinkAbout05/17/2005, C6 - MODIFICATION OF 2005 LEGISLATIVE ACTION PLATFORM council M j agenda RCP01Zt CITY OF SAN LUIS OBISPO FROM: Jonathan P. Lowell, City Attorney SUBJECT: MODIFICATION OF 2005 LEGISLATIVE ACTION PLATFORM CAO RECOMMENDATION Adopt a resolution amending the Legislative Action Platform for 2005 to make a minor modification to language related to biosolids and to add a position related to load charges that was inadvertently omitted. DISCUSSION On February 15, 2005 the Council adopted its Legislative Action Platform for 2005. In accordance with Council direction in 2004, staff reorganized the document by subject rather than governmental body and,.as appropriate, combined similar and eliminated duplicate concerns. At the meeting of February 15, 2005 the Council proposed modifications to the draft Legislative Action Platform which were incorporated into the final version approved by Council. By a memorandum dated February 28, 2005 Council member Mulholland requested the Council consider modification of those items on the Legislative Action Platform regarding oversight and regulation of the land application of biosolids. On March 1, 2005 the Council directed staff to agendize the matter as a business item for its consideration and for the Utilities Director to provide information regarding the implications of her recommendation. In addition, in again looking at the platform, staff realized that an issue raised by Council member Ewan last year was inadvertently left off the platform for 2005. Items 47 and 56 of the Legislative Action Platform for 2005 currently read: 47. Supporting legislation providing the safe, responsible, and cost-effective reuse of Exceptional Quality biosolids. 56. Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Exceptional Quality biosolids. Council member Mulholland requested that the language be modified to support land application of biosolids at a quality consistent with that currently produced by the City's Water Reclamation Facility, which presently exceeds exceptional quality standards. However, the City's Utilities Director has identified that requiring biosolids land application to a standard higher than exceptional quality is not scientifically justified and may place an unreasonable burden on the use of the City's own biosolids in the future, should the City's biosolids fall short of the new proposed standards, but still be well within the exceptional quality standards. The Utilities Director agrees with the concept that facilities should strive to attain the highest quality biosolids possible and that Council Agenda Report—Modification of 2005 Legislative Action Platform Page 2 the development of a County ordinance should reflect a desire to see more than the minimum standard imposed; however, the regulation should not be more stringent than that technically justified and supported in 40 CFR 503,the federal regulations currently governing biosolids. Council member Mulholland and the Utilities Director met on April 6, 2005 to discuss their concerns, and they now jointly support modification of these items to read: 47. Supporting legislation providing the safe, responsible, and cost-effective reuse of Exceptional Quality or better biosolids. 56. Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Exceptional Quality or better biosolids. In fall 2004 when considering the Stenner Canyon Hydroelectric Feasibility Study Phase II, Council member Ewan explained how departing load charges assessed by electrical utilities discourage the creation and utilization of alternative energy sources, such as hydroelectric generation which had been contemplated for Stenner Canyon. On October 19, 2004, the Council directed staff to monitor through the City's legislative program the elimination of departing load charges. Therefore, it is recommended that the Legislative Platform for 2005 be modified by the addition of a new item 53 to the Utilities category to read.- 53. ead:53. Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources. This will result in renumbering of subsequent items, thereby making item 56 above become item 57. The attached proposed resolution adopts the recommended modifications and the entire renumbered Legislative Platform for 2005. FISCAL IMPACT None. CONCURRENCES The Utilities Director concurs with these two recommended changes. ALTERNATIVES The Council may provide any additional recommendations on these items. ATTACHMENTS Resolution, includes Exhibit A (Modified City Legislative Action Platform for 2005) GALegislative-GovtUgislative Priorities12005 Agenda Report-Modified.DOC fI A Attachment 1 RESOLUTION NO. (2005 Series) AMENDMENT OF THE CITY LEGISLATIVE ACTION PLATFORM FOR 2005 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, on February 15, 2005, this Council by its Resolution No. 9652 (2005 Series) adopted its Legislative Action Program for 2005; and WHEREAS,the Council finds it necessary to amend its Legislative Action Program for 2005 in order to modify two items relating to the regulation of land application of biosolids (item 47 and previous item 56,renumbered as item 57) and add another item regarding departing load charges which discourage utilization of alternative energy resources (new item 53). NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby: SECTION 1. Adopt the attached revised Exhibit"A"to the Legislative Action Platform for 2005,which new exhibit supersedes the existing Exhibit"A"to Resolution No. 9652 (2005 Series); and SECTION 2. Authorize staff to take positions on legislation generally consistent with the Legislative Action Platform, as set forth in the attached revised Exhibit"A"to the Legislative Action Platform for 2005, and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City; and SECTION 3. Declare the remaining provisions of Resolution No. 9652 (2005 Series)not inconsistent with this Resolution shall remain in full force and effect. l Resolution No. (2005 Series) Attachment 1 Page 2 Upon motion of seconded by and on the following roll call vote: Ayes: Noes: Absent: the foregoing resolution was adopted this day of 2005. David F. Romero Mayor ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: J at P. Lowell City Attorney G:\Legislative-Govt\I-egislative Priorities\2005 Resolution-Modified.DOC Exhibit A EXHIBIT A: CITY LEGISLATIVE ACTION PLATFORM FOR 2005 COMMUNITY DEVELOPMENT 1. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations process to recognize local urban plans and local resource limitations 2. Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings 3. Promoting funding of on-campus housing at Community Colleges and CSU for student and faculty housing 4. Encouraging the review and court appeal of the San Marcos decision so that the CSU system can mitigate within the City for the impacts of projects built on campus 5. Preserving local control of planning and zoning matters (such as the prohibition of drive-through windows and highway signage) 6. Supporting efforts to increase funding for affordable housing for very low, low and moderate income families for all cities and communities 7. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites and structures 8. Supporting continued or expanded funding for CDBG program ECONOMIC DEVELOPMENT 9. Promoting funding and/or legislation that encourages research and development by businesses in California through tax credits or other incentive programs 10. Supporting funding and policies for the promotion of California as a place to locate businesses 11. Supporting funding for a state tourism promotion program 12. Promoting funding for the arts,especially public art 13. Supporting the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies FINANCE 14. Continuing to support efforts to protect the City from loss of revenues due to State take-aways and unfunded State or Federal mandates 15. Returning revenues lost due to State take-aways, such as the Education Revenue Augmentation Fund and Vehicle License Fees l� �r Exhibit A 16. 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 HUMAN RESOURCES/EMPLOYEE RELATIONS/HUMAN RELATIONS 17. Supporting additional workers compensation reforms that lower employers' costs while still protecting workers 18. Supporting pension reform efforts in concert with the League of California Cities positions 19. Opposing the expansion of the"Peace Officers' Bill of Rights" or other attempts to curtail management rights 20. Supporting legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission. PUBLIC SAFETY 21. Continuing State and Federal funding support for disaster preparedness,earthquake preparedness, Homeland Security, hazardous material response, State COPS program and other local law enforcement activities 22. Preserving the City's authority to investigate police misconduct 23. Preserving the City's authority to establish both medical and non-medical emergency service levels 24. Supporting efforts to expand the scope of parental responsibility for crimes committed by minors 25. 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 26. Preserving the authority of local control on issuance of concealed weapons permits 27. Supporting legislation to help curb alcohol-related criminal behavior and underage drinking 28. Opposing new or increased state fees for state provided law enforcement services 29. Supporting legislation imposing sanctions on college students who participate in riots or other similar criminal behavior, such as eliminating State supported financial aid 30. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference,for all local public safety communication needs (_0 1 Exhibit A PUBLIC WORKS 31. Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all types,e.g. streets,bridges, water, sewer and storm sewer systems,etc. 32. Obtaining funding, cooperation and prompt approval from the Environmental Protection Agency and Army Corps of Engineers for necessary flood control projects. PARKS AND RECREATION AND NATURAL RESOURCES 33. Supporting State and Federal funding for 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 34. 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 35. Opposing any development under existing or new offshore oil and gas leases off the coast of San Luis Obispo County. 36. Supporting funding for rehabilitation of urban parks and unmet community recreational needs, in particular"at risk"youth 37. Encouraging the State Department of Parks and Recreation to expedite the distribution of bond funds and other funds resulting from special legislation (e.g. Irish Hills funds) 38. Seeking legislative exemption from property taxes on lands dedicated to open space purposes which are outside the boundaries of the jurisdiction owning such lands TRANSPORTATION 39. Changing gas tax laws to allow local tax for transportation purposes based on a majority vote of the public 40. Promoting continued and increased funding sources for street maintenance and transportation, including transit,bicycles,others 41. Working with the Caltrans, SLOCOG and the California Transportation Commission to expeditiously fund Hwy 227 road overlay and reconstruction project,including completion of widening of South Street(between Higuera and Beebee Streets), and subsequent relinquishment of Hwy 227 within the City limits 42. Supporting clean air transit funding for San Luis Obispo County, in particular funding that supports alternative modes of transportation with clean air benefits c " � r Exhibit A 43. 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 UTII.PfIES 44. Supporting clean water funding programs 45. Supporting legislation to facilitate recycling program development and enhance local government's ability to comply with solid waste requirements 46. Supporting legislation to eliminate 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) 47. Supporting legislation promoting the safe,responsible, and cost-effective reuse of Exceptional Quality or better biosolids 48. Supporting legislation to streamline the state regulatory processes 49. Supporting sustainable energy programs 50. 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 51. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency 52. Supporting legislation that aids in the implementation of the California Urban Water Conservation Council's Best Management Practices regarding urban water conservation 53. Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources COUNTY/REGIONAL PRIORITIES 54. Developing consistency between the City and County General Plans,particularly to emphasize the concepts that: (1)the County should be discouraged from approving additional urban development within the City's urban reserve line, (2)urban development should not occur beyond the City's urban reserve line, and(3)unincorporated areas should remain rural, agricultural, or open space in character 55. Continuing to encourage the County Board of Supervisors to place a measure before voters that would create a vector control program benefit assessment program for San Luis Obispo County 56. Encouraging participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction l I Exhibit A 57. Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Exceptional Quality or better biosolids 58. Working with the Airport Land Use Commission to develop a mutually acceptable plan for City's expansion areas so that the City's housing goals can be achieved 59. Working cooperatively with the County to solve City/County flood problems &\Legislative-GovALegislative Priorities\2005 Legislative Action Platform-Modified.DOC CCS - 9