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HomeMy WebLinkAbout03-19-2013 b4 legislative platformcounci lac,Enaa nepont Mce Dath 3/19/1 3 I~rvamb.. B 4S C I T Y O F S A N L U I S O B I S P O FROM : J . Christine Dietrick, City Attorney SUBJECT : 2013 LEGISLATIVE ACTION PLATFORM RECOMMENDATION 1.Adopt a resolution establishing a Legislative Action Platform for 2013 . 2.Appoint the Mayor, City Attorney and City Manager to act as the primary legislative liaison s between the League of California Cities and the City of San Luis Obispo . DISCUSSIO N Legislative Action Program Attached for the Council's consideration is a resolution establishing the City's 2013 Legislativ e 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 th e 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 o r relevant Department Head), provided that the positions taken in the letters are consistent with th e priorities identified in Exhibits A, B, C and D to the resolution . By establishing a broad legislative platform and delegating responsibility to the Mayor and staff t o respond to proposed legislation and recommendations from the League of California Cities, th e City is better able to react quickly to changed circumstances and urgent requests than it would be i f each item were brought to the Council at its regular meetings . The process has been efficient give n the limited City resources available, and the City continues to be very active in communicating it s positions on Federal and State legislation . In 2012, the Mayor, on behalf of the City Council, sen t 19 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 201 3 Platform attached to this report (Attachment 1). Legislative Liaison Appointment s The League of California Cities encourages cities to appoint a council member and a staff person t o • act as legislative liaison between the League and the City . It is recommended that Mayor Jan Mar x act as the Council legislative liaison and the City Attorney and the City Manager serve as the staff liaisons . Council Agenda Report — 2013 Legislative Action Platform Page 2 FISCAL IMPAC T Because no additional staff workload is anticipated as a result of this ongoing program, no ne w fiscal impact will be incurred . ALTERNATIVE S The Council may wish to discuss other issues . However, it is also important to note that th e Legislative Platform allows the City to take action on any bills and other measures formall y supported by the League of California Cities . ATTACHMENT S 1.Legislative Draft of the Legislative Action Platform for 201 3 2.Resolution which includes Exhibit A (Legislative Action Platform for 2013), Exhibit B (League of California Cities 2013 Federal Priorities), Exhibit C (San Luis Obispo Count y Air Pollution Control District's 2013 Legislative Program) and Exhibit D (San Lui s Obispo Council of Governments' 2013 Legislative Program ) T :\AttomeyUzgislative Priorities\2013\2013 Agenda Report .docx • • • ATTACHMENT 1 CITY OF SAN LUIS OBISP O LEGISLATIVE ACTION PLATFORM FOR 201 3 Community Development 1.Promoting reforms of the entire State mandated HCD Regional Housing Need Allocation s process to recognize local resource limitations . 2.Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings . 3.Promoting funding of on campus housing at Cal Poly for student and faculty housing . 4.Preserving local control of planning and zoning matters . 5.Supporting efforts to increase funding for affordable housing for very low, low and moderat e income families for all cities and communities and opposing the erosion of local inclusionar y housing and in-lieu fee programs . 6.Promoting additional state funding to implement SB 375 through local general plan updates tha t implement the regional sustainable communities plan and alternative planning strategy, i f needed . •7 . Promoting funding for the identification, acquisition, maintenance and restoration of histori c sites and structures . 8.Supporting continued or expanded funding for CDBG program . 9.Supporting reinstatement of protections from imposition of additional building or site condition s prior to issuance of a building permit for seismic related improvements to buildings subject to a mitigation program established according to state law (our URM Program) as previousl y provided in Government Code Section 8875 .10 (this section was repealed effective January 1 , 2009). 10.Supporting continued local control over mobile home park rent stabilization and the conversio n of mobile home parks to other uses . Encourage the amendment of Section 66427 .5 of th e California Government Code and other relevant law for the purpose of ensuring that mobil e home park residents are not involuntarily removed from homes or otherwise economicall y impacted if parks are subdivided or converted . 11.Promoting a legislative "fix" to lending constraints that prevent implementation of AB 81 1 property-assessed clean energy districts . 12.Encouraging a legislative "fix" to inclusionary housing provisions and Costa-Hawkins Act . 1 • • B4-3 ATTACHMENT 1 13 . Encouraging consistency in state legislation dealing with transportation, housing and land use • issues and eliminating potential conflicts between regional housing requirements, smart growt h mandates and environmental legislation . 13 .14 . Enabling the issuance of parking citations on private property . 44 15 .Advocating full funding of authorized programs under the McKinney-Vento Homeles s Assistance Act, including providing more flexibility in the use of Federal funds on the local level to address housing for the homeless . Economic Developmen t ,l-5 :16 .Promoting funding and/or legislation using tax credits or other incentive programs t o encourage research and development by businesses in California . 16 .17 .Supporting funding and policies for the promotion of California as a place to locat e businesses . 17 .18 .Supporting funding for the state tourism promotion program. 18 .19 .Supporting the effective and efficient use of all communications technologies including voice , video, data, and information services over wired and wireless transmission technologies . 20.Supporting telecommunications reform legislation and other measures that preserve loca l 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) acces s television . 21.Developing or expanding the list of financial tools to finance infrastructure to provide economi c development opportunities . 19 .22 . Supporting responsible review and revision of CEQA Guidelines to ensure soun d environmental determinations, while promoting development of green business and head o f household jobs . Financ e 20 .23 .Continuing to support efforts to protect the City from loss of revenues due to State take-away s and unfunded State or Federal mandates . 21 .24 .Endorsing legislation that provides local government with a fair share tax on catalog an d Internet sales ; and opposing legislation that limits state or local authority to tax catalog o r Internet sales . 2 • • B4-4 ATTACHMENT 1 •22 .25 .Supporting the continuation of California Specialized Training Institute activities within Sa n Luis Obispo County. Human Resources/Employee Relations/Human Relation s 23 .26 .Supporting additional workers compensation reforms that lower employers' costs while stil l protecting workers . 24 .27 .Supporting pension and retiree health benefits reform efforts in concert with the League o f California Cities and the California Public Employees Retirement System (PERS) Board o f Directors . 25 .28 .Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters' Bill of Rights," or other attempts to curtail management rights . 26 .29 .Supporting legislation that provides funding sources for appropriate human service agencie s that support the mission of the Human Relations Commission . 27 :30 .Supporting legislation to protect the City's continued ability to administer its Cafeteri a Benefit Plan . •28 .31 .Supporting reforms that limit the financial impacts of joint and several liability on publi c entities . 29 .32 . Supporting the clarification, modification or repeal of AB 646 fact finding requirements . Public Safet y 30 .33 .Continuing State and Federal funding support for school safety,disaster preparedness , earthquake preparedness, Homeland Security, hazardous material response, State COP S program and other local law enforcement activities . 31 .34 .Preserving the City's authority to investigate police misconduct . 32 .35 .Preserving the City's authority to establish both medical and non-medical emergency servic e levels . 36 .Supporting efforts to expand the scope of parental responsibility for crimes committed b y minors . 31 .37 .Preserving the authority of local control on issuance of concealed weapons permits . 3&38 .Supporting legislation to help curb alcohol-related criminal behavior and underage drinking . 36 .39 .Opposing new or increased state fees for state provided law enforcement services . 3 B4-5 ATTACHMENT 1 37 .40 .Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs . 38 .41 .Supporting efforts to reduce retention periods for video monitoring tapes . Public Works 39 .42 .Supporting increased the availability of grant funding to replace aging infrastructure of al l types, e .g. streets, bridges, water, sewer and storm sewer systems, etc . 40,43 .Supporting increased funding for projects that improve flood protection for the City . 41-:44 .Ensuring cooperation and prompt approval from Federal and State regulatory agencies (suc h as the Department of Fish & Game, Regional Water Quality Control Board and the Army Corp s of Engineers) for necessary projects involving the City's creek system . 4:45 .Exempting assessments for vital infrastructure from Proposition 218 requirements . 43,46 .Supporting monetary incentives or grant funding for alternative fuel vehicles for replacement of municipal fleet equipment . 41 .47 .Supporting monetary incentives or grant funding for retrofitting municipal buildings wit h Energy Management Systems to centrally control all lighting and HVAC systems . 45 .48 . Supporting realistic municipal clean stormwater requirements at the State Board or legislativ e level. Parks and Recreation and Natural Resource s 4&49 .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 Lan d and Water Conservation Grant Program and for the California Conservation Corps . 47:50 .Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obisp o County to protect this fragile habitat from offshore oil and gas development . 18 .5 I.Opposing any development under existing or new offshore oil and gas leases off the coast o f San Luis Obispo County. 49 :52 .Supporting measures to prohibit discharge of pollutants into the ocean (e .g . selenium contaminated waters from the San Joaquin valley). 4 • • B4-6 ATTACHMENT 1 •50 .53 .Encouraging the Resources Agency and its departments to reinstate and expedite th e distribution of bond funds and other funds resulting from special legislation and voter-approved bond measures, to take advantage of the many favorable opportunities for land and easemen t acquisition and enhancement project contracting that exist at this time . 51 .54 .Seeking legislative exemption from property taxes on lands dedicated to open space purpose s which are outside the boundaries of the jurisdiction owning such lands . 52 .55 .Protecting funding for vital regional and community services that negatively impac t Californian's access to parks, open space, after school programming, senior services, facilitie s that promote physical activity, protect natural resources, and strengthen safety and security . 356 .Promoting policies that recognize the benefits of parks and recreational facilities in th e advancement of "sustainable communities" and curbing greenhouse gas emissions, including : strengthening policies that fund parks, open-space, bike lanes and non-motorized trails throug h the development and implementation of a carbon credit and offset program, and advocating fo r the strong integration of local and regional park and non-motorized transportation improvement s into "Smart Growth Scenarios" pursuant to SB 375 . 511 .57 .Supporting access to joint use of schools ; parks and open space ; development of streets an d trails that encourage physical activity and healthy living . Transportatio n 55 .58 .Supporting changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public . 56 .59 .Supporting the continuation of, and increased funding sources for street maintenance projects , transportation improvements, transit operations and bicycle facility projects . 57 .60 .Supporting clean air transit funding for San Luis Obispo County, in particular funding tha t provides for alternative modes of transportation with clean air benefits . 58 .61 .Supporting actions to : (1) promote cooperation and mutual support between metropolita n planning organization (MPO) agencies and local transit providers, and (2) discourage trend s toward MPO agencies/regional "control" of local transit providers . 59 .62 .Encouraging private transportation companies (such as Union Pacific Railroad) to reac h agreements for sharing of properly secured right of way corridors for other compatible uses suc h as bicycle and pedestrian facilities . 63.Opposing the proposed diversion of any funding source for transportation that reduces amount s designated for transit operations . 64.Supporting funding for projects to implement adopted complete street plans demonstrated t o improve public health and reduce greenhouse gas emissions . 5 • • B4-7 ATTACHMENT 1 Utilitie s 60:65 .Supporting clean water funding programs . 66.Supporting recycling and waste diversion programs such as green waste composting an d enhancing local government's ability to comply with solid waste reduction requirements . 67.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 o f compliance for pending and future regulatory actions on NPDES permitees . 68.Supporting legislation that requires the State's environmental agencies to conduct peer revie w of proposed regulations to ensure that the proposal is based on sound science . 69.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 o f compliance for pending and future regulatory actions on NPDES permitees . 61-:70 .Supporting the elimination of mandatory penalties for violations of NPDES Requirement s and returning discretionary control to the Regional Water Quality Control Board Executiv e Officers (i .e . repeal SB 709). 71 . Supporting measures to ensure reasonableness in the administration of NPDES permi t governing City operations, including pursuing a municipal representative on the Regional Wate r Quality Control Board - 6172 .Promoting the safe, responsible, and cost-effective reuse of Exceptional Quality or bette r biosolids . 63:73 .Streamlining the state regulatory processes . 64 :74 .Supporting sustainable energy programs . 6-5:75 .Supporting incentives for distributed energy generation projects such as solar power . 66:76 .Supporting legislation allowing cities/agencies to establish fees for the costs of operatin g mandated water quality programs such as, but not limited to, municipal storm water and tota l maximum daily loading . 67 77 .Supporting federal legislative action to transfer Salinas Reservoir from Army Corps o f Engineers Military Project to Armv Corps of Engineers Civil Works Project pr op 6 • • • B4-8 ATTACHMENT 1 68-78 .Supporting the implementation of the California Urban Water Conservation Council's Bes t Management Practices regarding urban water conservation and compliance with AB 1420 . 69-79 .Supporting amendments to the Urban Water Management Planning Act to recognize pas t investment in water conservation and the City's ability to comply with SBx7-7 . 70 .80 .Supporting legislation eliminating departing load charges which discourage the use o f alternative energy resources . 71 .81 .Allowing the use of Public Goods Funds for the development and installation of energy saving or green energy generating projects to benefit local government . 72 .82 .Promoting the protection of water resources, including water quality, watershed protection , and treatment discharge measures . 73 .8 ;.Supporting the protection of our natural resources from invasive species . 71 .84 .Promoting sustainability of our water resources through the use of recycled water, rainwate r harvesting, greywater use, and other best practices . •County/Regional Prioritie s 85 . Supporting legislation to expand funding for the delivery of case management . drug, alcohol , and detoxification services, mental health services, and the establishment of a new homeles s services center . 75 .86 .Working with the County to assure land use practices that are consistent with th e Memorandum of Agreement adopted by the City Council and County Board of Supervisors i n 2005 regarding development near the edges of the City . 76 .87 .Supporting a vector control program benefit assessment for San Luis Obispo County . 77 .88 .Encouraging participation by County in providing nearby parking for County employees an d clients, and alternate transportation and parking demand reduction . 78 .89 .Supporting County development of a local ordinance providing additional local oversight an d regulation of the land application of Pollutant Concentration (PC) or better biosolids . 79 .90 .Working cooperatively with the County to solve City/County flood problems . S0-91 .Supporting the San Luis Obispo County Air Pollution Control District's legislative program , where consistent with the City's adopted policies and platform . 7 • • B4-9 ATTACHMENT 1 892 .Supporting the San Luis Obispo Council of Governments' legislative program, wher e consistent with the City's adopted policies and platform . Supporting County efforts to enhance dangerous animal regulation and enforcement . Y :\Council Agenda Reports\2013\2013-03-19\Legislative Platfonn (Dietrick)\2012 Legislative Action Platform .Exh A.docx • • • 8 B4-10 ATTACHMENT 2 • RESOLUTION NO . XXXX (2013 Series ) ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PLATFORM FOR 2013 AN D APPOINTMENT OF COUNCIL MEMBER AND STAFF TO ACT AS LIAISO N BETWEEN THE CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNI A CITIES WHEREAS,a major objective of the City Council is to adopt a coordinated legislativ e action platform which strengthens local government, promotes City goals and promotes local Cit y control against legislative actions by State and Federal governments that would weaken loca l government authority and/or take away traditional revenue sources ; and WHEREAS,it is vital to the fiscal health and the self determination of the City t o effectively communicate with State Legislators and Federal representatives in order to favorabl y influence State and Federal legislation, regulations and grant requests ; an d WHEREAS,the League of California Cities conducts a legislative analysis and advocac y 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 decisio n making processes directly affecting the City legislative priorities identified in Exhibit "A", th e League of California Cities federal priorities identified in Exhibit "B", the San Luis Obispo Count y • Air Pollution Control District's legislative program identified in Exhibit "C," the San Luis Obisp o Council of Governments' legislative program identified in Exhibit "D" and other selected issues a s 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-fac e 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 Lui s Obispo does hereby: 1.Establish the Legislative Action Platform for 2013 as set forth in the attached Exhibit s "A," "B," "C" and "D" and authorize staff to take positions on legislation generally consistent wit h the Legislative Action Platform and such other resolutions and recommendations of the League o f California Cities as may be from time to time presented to the City ; an d 2.Appoint Mayor Jan Marx to act as Council Member legislative liaison and City Manage r Katie Lichtig and City Attorney J . Christine Dietrick to act as staff legislative liaisons with th e League of California Cities . R B4-1 1 • Resolution No . XXXX (2013 Series) ATTACHMENT 2 Page 2 Upon motion of Council Member , seconded by , and on the following vote : AYES : NOES : None ABSENT : None the foregoing resolution was adopted this th day of 2013 . Mayor Jan Marx ATTEST: Maeve Kennedy Grimes City Clerk APPROVED AS TO FORM : J . Christine Dietrick City Attorney T :\Council Agenda Reports \2013\2013-03-19\Legislative Platform (Dietrick)\CAR An 2 .2013 Resolution .docx B4-12 • • • Exhibit A CITY OF SAN LUIS OBISP O LEGISLATIVE ACTION PLATFORM FOR 201 3 Community Developmen t 1.Promoting reforms of the entire State mandated HCD Regional Housing Need Allocation s process to recognize local resource limitations . 2.Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings . 3.Promoting funding of on campus housing at Cal Poly for student and faculty housing . 4.Preserving local control of planning and zoning matters . 5.Supporting efforts to increase funding for affordable housing for very low, low and moderat e income families for all cities and communities and opposing the erosion of local inclusionar y housing and in-lieu fee programs . 6.Promoting additional state funding to implement SB 375 through local general plan updates tha t implement the regional sustainable communities plan and alternative planning strategy, i f needed . •7 . Promoting funding for the identification, acquisition, maintenance and restoration of histori c sites and structures . 8.Supporting continued or expanded funding for CDBG program . 9.Supporting reinstatement of protections from imposition of additional building or site condition s prior to issuance of a building permit for seismic related improvements to buildings subject to a mitigation program established according to state law (our URM Program) as previousl y provided in Government Code Section 8875 .10 (this section was repealed effective January 1 , 2009). 10.Supporting continued local control over mobile home park rent stabilization and the conversio n of mobile home parks to other uses . Encourage the amendment of Section 66427 .5 of th e California Government Code and other relevant law for the purpose of ensuring that mobil e home park residents are not involuntarily removed from homes or otherwise economicall y impacted if parks are subdivided or converted . 11.Promoting a legislative "fix" to lending constraints that prevent implementation of AB 81 1 property-assessed clean energy districts . 12.Encouraging a legislative "fix" to inclusionary housing provisions and Costa-Hawkins Act . 1 • • B4-13 Exhibit A 13.Encouraging consistency in state legislation dealing with transportation, housing and land use • issues and eliminating potential conflicts between regional housing requirements, smart growt h mandates and environmental legislation . 14.Enabling the issuance of parking citations on private property . 15.Advocating full funding of authorized programs under the McKinney-Vento Homeles s Assistance Act, including providing more flexibility in the use of Federal funds on the loca l level to address housing for the homeless . Economic Developmen t 16.Promoting funding and/or legislation using tax credits or other incentive programs to encourag e research and development by businesses in California . 17.Supporting funding and policies for the promotion of California as a place to locate businesses . 18.Supporting funding for the state tourism promotion program . 19.Supporting the effective and efficient use of all communications technologies including voice , video, data, and information services over wired and wireless transmission technologies . 20.Supporting telecommunications reform legislation and other measures that preserve loca l 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) acces s television . 21.Developing or expanding the list of financial tools to finance infrastructure to provide economi c development opportunities . 22.Supporting responsible review and revision of CEQA Guidelines to ensure soun d environmental determinations, while promoting development of green business and head o f household jobs . Finance 23.Continuing to support efforts to protect the City from loss of revenues due to State take-away s and unfunded State or Federal mandates . 24.Endorsing legislation that provides local government with a fair share tax on catalog an d Internet sales ; and opposing legislation that limits state or local authority to tax catalog o r Internet sales . 25.Supporting the continuation of California Specialized Training Institute activities within Sa n Luis Obispo County . 2 B4-14 • • Exhibit A •Human Resources/Employee Relations/Human Relation s 26.Supporting additional workers compensation reforms that lower employers' costs while stil l protecting workers . 27.Supporting pension and retiree health benefits reform efforts in concert with the League o f California Cities and the California Public Employees Retirement System (PERS) Board of Directors . 28.Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters' Bill of Rights," o r other attempts to curtail management rights . 29.Supporting legislation that provides funding sources for appropriate human service agencies tha t support the mission of the Human Relations Commission . 30.Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefi t Plan . 31.Supporting reforms that limit the financial impacts of joint and several liability on publi c entities . 32.Supporting the clarification, modification or repeal of AB 646 fact finding requirements . Public Safety 33.Continuing State and Federal funding support for school safety, disaster preparedness , earthquake preparedness, Homeland Security, hazardous material response, State COP S program and other local law enforcement activities . 34.Preserving the City's authority to investigate police misconduct . 35.Preserving the City's authority to establish both medical and non-medical emergency servic e levels . 36.Supporting efforts to expand the scope of parental responsibility for crimes committed b y minors . 37.Preserving the authority of local control on issuance of concealed weapons permits . 38.Supporting legislation to help curb alcohol-related criminal behavior and underage drinking . 39.Opposing new or increased state fees for state provided law enforcement services . 40.Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies , •free from interference, for all local public safety communication needs . 3 • B4-15 Exhibit A 41.Supporting efforts to reduce retention periods for video monitoring tapes . Public Works 42.Supporting increased the availability of grant funding to replace aging infrastructure of all types , e .g. streets, bridges, water, sewer and storm sewer systems, etc . 43.Supporting increased funding for projects that improve flood protection for the City . 44.Ensuring cooperation and prompt approval from Federal and State regulatory agencies (such a s the Department of Fish & Game, Regional Water Quality Control Board and the Army Corps o f Engineers) for necessary projects involving the City's creek system . 45.Exempting assessments for vital infrastructure from Proposition 218 requirements . 46.Supporting monetary incentives or grant funding for alternative fuel vehicles for replacement o f municipal fleet equipment . 47.Supporting monetary incentives or grant funding for retrofitting municipal buildings wit h Energy Management Systems to centrally control all lighting and HVAC systems . 48.Supporting realistic municipal clean stormwater requirements at the State Board or legislativ e level . Parks and Recreation and Natural Resources 49.Supporting State and Federal funding and other measures to promote the acquisition, protection , preservation and restoration of natural resources, open space, coastal resources, signature lan d forms, wetlands and park development, including continued funding for the Land and Wate r Conservation Grant Program and for the California Conservation Corps . 50.Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obisp o County to protect this fragile habitat from offshore oil and gas development . 51.Opposing any development under existing or new offshore oil and gas leases off the coast o f San Luis Obispo County . 52.Supporting measures to prohibit discharge of pollutants into the ocean (e .g . selenium contaminated waters from the San Joaquin valley). 53.Encouraging the Resources Agency and its departments to reinstate and expedite the distributio n of bond funds and other funds resulting from special legislation and voter-approved bon d measures, to take advantage of the many favorable opportunities for land and easemen t acquisition and enhancement project contracting that exist at this time . 4 • • • B4-16 Exhibit A •54 .Seeking legislative exemption from property taxes on lands dedicated to open space purpose s which are outside the boundaries of the jurisdiction owning such lands . 55.Protecting funding for vital regional and community services that negatively impac t Californian's access to parks, open space, after school programming, senior services, facilitie s that promote physical activity, protect natural resources, and strengthen safety and security. 56.Promoting policies that recognize the benefits of parks and recreational facilities in th e 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 fo r the strong integration of local and regional park and non-motorized transportation improvement s into "Smart Growth Scenarios" pursuant to SB 375 . 57.Supporting access to joint use of schools ; parks and open space ; development of streets an d trails that encourage physical activity and healthy living . Transportatio n 58.Supporting changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public . •59 .Supporting the continuation of, and increased funding sources for street maintenance projects , transportation improvements, transit operations and bicycle facility projects . 60.Supporting clean air transit funding for San Luis Obispo County, in particular funding tha t provides for alternative modes of transportation with clean air benefits . 61.Supporting actions to : (1) promote cooperation and mutual support between metropolitan planning organization (MPO) agencies and local transit providers, and (2)discourage trend s toward MPO agencies/regional "control" of local transit providers . 62.Encouraging private transportation companies (such as Union Pacific Railroad) to reac h agreements for sharing of properly secured right of way corridors for other compatible uses suc h as bicycle and pedestrian facilities . 63.Opposing the proposed diversion of any finding source for transportation that reduces amount s designated for transit operations . 64.Supporting funding for projects to implement adopted complete street plans demonstrated t o improve public health and reduce greenhouse gas emissions . Utilities • 65 .Supporting clean water funding programs . 5 B4-17 Exhibit A 66.Supporting recycling and waste diversion programs such as green waste composting and • enhancing local government's ability to comply with solid waste reduction requirements . 67.Supporting measures that require the State Water Resources Control Board and Regional Wate r Quality Control Boards establish a process to evaluate, in advance of adoption, the costs o f compliance for pending and future regulatory actions on NPDES permitees . 68.Supporting legislation that requires the State's environmental agencies to conduct peer revie w of proposed regulations to ensure that the proposal is based on sound science . 69.Supporting measures that require the State Water Resources Control Board and Regional Wate r Quality Control Boards establish a process to evaluate, in advance of adoption, the costs o f compliance for pending and future regulatory actions on NPDES permitees . 70.Supporting the elimination of mandatory penalties for violations of NPDES Requirements an d returning discretionary control to the Regional Water Quality Control Board Executive Officers (i .e . repeal SB 709). 71.Supporting measures to ensure reasonableness in the administration of NPDES permit governing City operations, including pursuing a municipal representative on the Regional Wate r Quality Control Board 72.Promoting the safe, responsible, and cost-effective reuse of Exceptional Quality or bette r biosolids . 73.Streamlining the state regulatory processes . 74.Supporting sustainable energy programs . 75.Supporting incentives for distributed energy generation projects such as solar power . 76.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 tota l maximum daily loading . 77.Supporting federal legislative action to transfer Salinas Reservoir from Army Corps o f Engineers Military Project to Army Corps of Engineers Civil Works Project . 78.Supporting the implementation of the California Urban Water Conservation Council's Bes t Management Practices regarding urban water conservation and compliance with AB 1420 . 79.Supporting amendments to the Urban Water Management Planning Act to recognize pas t investment in water conservation and the City's ability to comply with SBx7-7 . 80.Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources . 6 B4-18 • • Exhibit A •81 . Allowing the use of Public Goods Funds for the development and installation of energy savin g or green energy generating projects to benefit local government . 82.Promoting the protection of water resources, including water quality, watershed protection, an d treatment discharge measures . 83.Supporting the protection of our natural resources from invasive species . 84.Promoting sustainability of our water resources through the use of recycled water and other bes t practices . County/Regional Prioritie s 85.Supporting legislation to expand funding for the delivery of case management, drug, alcohol , and detoxification services, mental health services, and the establishment of a new homeles s services center . 86.Working with the County to assure land use practices that are consistent with the Memorandu m of Agreement adopted by the City Council and County Board of Supervisors in 2005 regardin g development near the edges of the City . 87.Supporting a vector control program benefit assessment for San Luis Obispo County . •88 . Encouraging participation by County in providing nearby parking for County employees an d clients, and alternate transportation and parking demand reduction . 89.Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Pollutant Concentration (PC) or better biosolids . 90.Working cooperatively with the County to solve City/County flood problems . 91.Supporting the San Luis Obispo County Air Pollution Control District's legislative program , where consistent with the City's adopted policies and platform . 92.Supporting the San Luis Obispo Council of Governments' legislative program, where consisten t with the City's adopted policies and platform . 93.Supporting County efforts to enhance dangerous animal regulation and enforcement . YACouncil Agenda Reports\2013\2013-03-19\Legislative Platform (Dietrick)\2013 Legislative Action Platfonn .Exh A .doc x 7 • B4-19 EXHIBIT B 1400 K Street, Suite 400 •Sacramento, California 9581 4 Phone :(916) 658-8200 Fax :(916) 658-824 0www.cacities .org 2013 FEDERAL PRIORITIE S SEQUESTRATION/DEFICIT REDUCTIO N With enactment of H .R . 8, the Job Protection and Recession Prevention Act of 2012 , the Federal government delayed the date of the FY 2013 sequester order by tw o months to March 1, 2013 . The League fully understands the need for fisca l responsibility and tough choices that are required to achieve a balanced budget a s cities during this economic downturn have been forced to make challenging, painful cut s annually . We urge the President and Congress to adopt a bipartisan and balance d approach to address the sequester and long-term deficit reduction by minimizin g spending cuts with additional revenues . California cities have already faced dee p reductions in spending, forcing cuts to a number of critical local services and dramati c job losses for first responders and critical local government services . The additional cut s scheduled to occur through sequestration will imperil the services that city resident s desperately need . PROTECTING LOCAL REVENUE AND LAND USE AUTHORIT Y California local governments continue to endure difficult fiscal circumstances in th e national economic downturn, but are beginning to see the economy turn around . Now i s not the time to restrict the already limited options to generate revenue to provid e valuable services . Local government land use and revenue authority is critical to th e federal-state-local partnership effort to advance community and economic developmen t and must be preserved . As such the League urges Congress to : •Support legislation that will help state and local governments recover taxes fro m remote sellers . •Oppose legislation that would reduce or eliminate local government resources b y providing a tax moratorium for the expanding and profitable cellula r telecommunications industry ; •Oppose legislative and regulatory efforts by online travel companies to circumven t remittance of transient occupancy taxes to local governments from hote l reservations purchased using the internet ; •Oppose legislation that would preempt California local government's ability t o regulate and collect revenue derived from state and local use taxes ; •Ensure that federal legislation addressing eminent domain does not severely impac t states, like California, which have strong laws that limit the use of the tool and hav e strong protections for property owners ; and B4-2 0 L LEE ° CITIES • • • EXHIBIT B •Ensure that local polices retain as much discretion as possible in the time, place ,and manner in which telecommunications equipment may be sited on public an d private property . COMMUNITY AND ECONOMIC DEVELOPMEN TWith the statewide unemployment rate hovering around 10% and ongoing state debt o fover $30 billion that has resulted in severe cuts in local budgets, California cities nee djobs and economic investment to overcome the national economic crisis . The Leagu e urges Congress to : •Preserve full funding for the Community Development Block Grant (CDBG) program ,which is critical in assisting urban and rural cities throughout California with creatin gjobs, providing affordable housing, revitalizing communities and leveraging ne weconomic investment . In addition, seek flexibility in the CDBG state program t oenhance the use of the program by California's 314 non-entitlement cities (citie s under 50,000); an d •Maintain the tax exempt status of municipal bonds and oppose proposals to cap th e investor tax deduction on municipal securities investments, which are a critical too l used by local governments to finance much needed community and capita l improvement projects . AFFORDABLE HOUSIN G•As the state's population continues to grow and California grapples with the effects ofthe national mortgage crisis, our cities are deeply concerned with the need fo raffordable housing . The League urges Congress to support : •Resource Efficient Development :Support legislation and proposals that provid eincentives and resources to expand local redevelopment planning policies tha tintegrate housing, transportation and land use and assist in the reorganization an dreplacement of existing infrastructure to support California's growing population ; •Section .8 Housing Choice Vouchers :Preserve full funding of the Section 8 program ,which assists the elderly, disabled and very low-income families afford decent an dsafe housing ; •Home Investment Partnerships Program (HOME) Program :Preserve funding for th e HOME program, which directs formula grants to local governments to creat e affordable housing for low-income households ; •Preservation of Affordable Housing :Support initiatives that provide a variety o ffinancial restructuring options, such as loan forgiveness, payment deferrals, grants ,loans and loan guarantees to preserve rental housing for long-term affordable use ;an d •Housing Tax Incentives :Seek tax incentives to promote investment in the productio nof multifamily rental housing, including expanding the Low Income Housing Ta xCredit to create mixed income developments . • B4-21 EXHIBIT B WATER AND WASTEWATER INFRASTRUCTURE •California cities' water and wastewater systems need a significant overhaul to keep th eworld's eighth largest economy moving . There has been almost no new investment i nCalifornia's water and wastewater systems in more than 30 years . This delay put sincreasing pressure on th eState for action as California is expected to grow by 10 million by 2020 and is working t omeet new, more stringent standards for safe drinking water and clean water . Th eLeague urges Congress to : •Provide adequate and reliable long-term financing solutions for municipal wate rdelivery, maintenance and treatment needs to meet federally mandated water qualit ystandards and maintain the vital infrastructure necessary to ensure the availability ofclean water for an increasing population .•Enact legislation that would exempt Private Activity Bonds for water and sewag efacilities from the state volume caps and expand the application of innovativ efinancing mechanisms to local water infrastructure projects in the 2013 Wate rResources Development Act (WRDA), such as the Innovative Finance Pilo tprovisions included in the Senate Environment and Public Works Committee's draftWRDA reauthorization bill introduced late in the 112th Congress . PUBLIC SAFETY/HOMELAND SECURITY/DISASTER PREPAREDNES SCalifornia's cities are on the front line of the war on terrorism and crime . To strengthe nCalifornia's homeland security, emergency preparedness and crime-fighting efforts, th eLeague urges Congress to : •Maintain federal investment in resources critical to enabling local law enforcement toadequately provide public safety, including full funding for the Byrne/Justic eAssistance Grants (JAG) program and the Community Oriented Policing Service s(COPS) program, and renew suspension of the COPS grant's local cost shar erequirement; •Maintain full funding for the Staffing for Adequate Fire and Emergency Respons e(SAFER) and the Assistance to Firefighters grant programs and retain the local costshare waiver for both programs ;•Maintain funding for disaster preparedness, prevention, recovery, and response fo rall-hazard threats, including investment in assisting communities with necessar yupgrades to existing flood control systems ; an d•Support full funding for the Urban Area Security Initiative ; and maximize firs tresponder funding to California cities, as well as flexibility in the use of funds toassist areas of need (i .e . personnel, training, and target hardening). ENERGY EFFICIENCY AND RESOURCE CONSERVATIO NIn California, 31 million of the state's 38 million residents live in cities . For thi spopulation California's cities continue to work collaboratively with its state and regiona lpartners to implement community development strategies that increase energ yefficiency to reduce pollution and improve public health . This effort has been effectiv ein reducing local government operating costs and relieving the strain of the nationa l B4-22 • • EXHIBIT B •economic downturn on struggling communities . To continue these successfu lcampaigns and effectively accomplish the goals of local governments under thes einitiatives, the League urges Congress to : •Support federal resources to assist regional and local governments in developin gand implementing energy efficiency and conservation strategies that maximiz eavailable resources, reduce costs, expand community access and protect publi chealth; •Support federal incentives that assist local governments in integrating new growt hinto existing communities, and develop and implement transportation, land use an dbuilding policies that encourage maximum use of resources and lower energ yconsumption; an d •Ensure that local governments can continue, and not be preempted in, their effort sto achieve economic improvements through increased energy efficiency an dconservation plans that seek to decrease carbon emissions . TRANSPORTATIO NCalifornia has more than 186,000 miles of roadway and one of the most develope d transit systems in the nation . California's cities and counties are responsible fo radministering the local streets and roads that connect with the state and federa lhighway system, a total of 82% of the total roadway miles in the state . Ou rtransportation systems face rapidly growing vehicle use by an ever increasing numbe r•of new drivers . The cost of building new lane miles rises much faster than inflation an droad maintenance needs increase with the age of the freeway system . In a recen tsurvey of cities and counties, California's local streets and roads system was found t obe at risk of falling into "poor" condition . In order to bring the local streets and road ssystem up to best management practices — the most cost effective condition — Californi alocal governments need additional funding of $82 .1 billion over the next 10 years .With MAP-21 set to expire September 30, 2014, Congress will begin discussions o npriorities to include in the next iteration of the surface transportation law during th e113th Congress . Questions remain on how transportation programs will be funded i n the future . As Congress considers options to address the shortfall in the highway trus t fund and other areas of transportation, the League urges Congress to : •Adopt a long-term transportation authorization that provides a stable and reliabl erevenue stream for transportation .•Ensure robust funding is available to support current and future federal, state an dlocal transportation priorities and identify new funding streams capable of supportin gfuture transportation needs ; an d •Make reconstruction and preservation of the existing system a high priority fo rexpenditures; and target funds for maintenance to local agencies, which are charge d with administering the system .•Make reconstruction and preservation of the existing system a high priority fo rexpenditures; and target funds for maintenance to local agencies, which are charge d • with administering the system . B4-23 EXHIBIT C San Luis Obispo County Air Pollution Control District 2013 Legislative Platfor m The San Luis Obispo County Air Pollution Control District will : 1.Encourage and support legislation that facilitates achievement and maintenance of Stat e and Federal ambient air quality standards . 2.Encourage and support legislation that retains local control over air quality programs , and oppose legislation that would move overall air program responsibility from the loca l level to the state or federal level . 3.Encourage and support legislation that retains local control over the use of motor vehicl e registration surcharge fees for implementing California Clean Air Act requirements an d reducing emissions from motor vehicles . 4.Encourage and support legislation that provides latitude to air districts in their program s to meet air quality goals, does not remove important emission reduction programs fro m consideration by the districts, and does not unduly limit the ability of local boards t o provide the resources needed to conduct these programs . 5.Support legislation that encourages cooperation and reduces or eliminates overlap an d duplication among air districts and other local entities, and/or increases the efficienc y and effectiveness of the regulatory process . 6.Support legislation that continues the California motor vehicle emission contro l program . 7.Support legislation that retains and/or strengthens requirements for zero, ultra-low an d low emission vehicles and encourages development of advanced hybrid, electric and fue l cell vehicles . 8.Support legislation that encourages or provides incentives or funding for the use o f cleaner fuels or alternative transportation . 9.Support legislation that increases the viability of walking, biking, public transit and othe r transportation alternatives to private vehicle travel . 10.Support legislation that assists local businesses in reducing greenhouse gas emissions t o meet state and federal requirements . 11.Support legislation that prohibits or reduces the release of cancer causing and othe r toxic emissions in quantities that pose a significant health risk to the public . 12.Support legislation that maintains or enhances state and/or federal funding fo r mandated air quality programs and/or provides funding for new air quality program s adopted at the state or federal level . 13.Support legislative programs to maintain or increase incentive funding available t o districts for programs such as Carl Moyer that provide funding to assist businesses , agriculture and other entities in achieving voluntary early compliance with state an d federal emission reduction requirements . 14.Oppose legislation to eliminate or reduce the effectiveness of air quality program s currently in place in State and Federal Law . 15.Oppose legislation that would divert or eliminate any source of District revenue provide d or passed through from the State . B4-24 • • • a EXHIBIT D SAN LUIS OBISPO COUNCIL OF GOVERNMENT S Adopted 2013 Federal Legislative Progra m Issue Goals Implementation Strategie s A .Federal funding fo r high priority project s of regiona l significance Secure funds for priorit y projects throug h appropriations process o r other source . Work with local agencies, Central Valley COGs, State Legislators, the Federal Congressiona l delegation to assertively advocate for funding for high priority projects in the RTP with a particula r emphasis on funding to complete high priority projects on US Highway 101 and Routes 41 & 4 6 East and discretionary funding for smaller transit operators to purchase replacement buses , maintenance facilities and transit centers . B .Reauthorization of Moving Ahead fo r Progress in the 21 5 1 Century (MAP-21) 1 .Increase fundin g allocated to States & Metropolitan Plannin g Organization s (MPOs) and protec t programmin g authority of smal l MPO's 2 .Provide states , regions and loca l governments maximum flexibility t o addres s transportation syste m needs and priorities a)Address decline in purchasing power of federal gasoline excise tax and the resultan t deterioration in condition of national infrastructure by raising new user-fee based revenue s sources to bring the Highway Trust Fund into solvency, including : indexing Federal Gas ta x to keep the pace with inflation and substantially increasing funding at a level high enoug h (25% to 50% based on numerous studies) to assure that needs for system maintenance , operation and improvement are addressed . b)Increase funding sub-allocated to States and regions under the Surface Trans . Progra m (STP) & Transportation Alternatives (TAP) program, at a minimum, to the level provided i n SAFETEA-LU (TAP/TE funding was reduced 20% in MAP-21). c)Require States to sub-allocate 62 .5% of STP and TAP funds to regions based on a population & road miles with remaining 37 .5% allocated to the State . (Prior to MAP-21 , which provided a 50/50 split, regions were allocated 62 .5% of STP and TAP/TE fund s d)Reinstate dedicated formula allocations and increase funding for the following programs : discretionary urban & rural grants for bus acquisition, bikeways, pedestrian facilities, rura l bridge replacements, safety improvements on rural roads and transportation alternatives . e)Retain the current minimum population of 50,000 for an urbanized area to authoriz e designation of an MPO and oppose actions to phase or eliminate such MPO's . f)Require STP, TAP and other funding be sub-allocated to MPO's with an urbanized are a population of 50,000 to 200,000 according to same policies funding is allocated to MPO s with an urbanized area population of 200,000 or more . g)Preserve and increase funding for Transportation Alternatives Program (TAP) and Saf e Routes to Schools (SR2S) Programs . h)Reinstate dedicated funding to "improve High Priority Routes on the National Highwa y System & seek designation of US 101 and State Route 46 as High Priority Routes . 1 B4-2 5 SAN LUIS OBISPO COUNCIL OF GOVERNMENT S Adopted 2013 Federal Legislative Progra m Issue Goals Implementation Strategie s C . Americans wit h Disabilities (ADA ) Compliance 1 .Limit retroactiv e application of AD A Complianc e guidelines Support efforts by Caltrans and the Administration to equitably resolve FHWA interpretatio n of ADA compliance guidelines requiring retroactive implementation of costly curb-ram p upgrades within the boundaries of federally-funded projects . 2 .Provide formula fundin g to address AD A compliance . Support legislation to provide a dedicated source of formula Federal funding to States to fo r sub-allocation to regions to allocate for projects needed to comply to AD A D .Passenger Rai l Service 1 .Provide passenger rai l service between Lo s Angeles, SLO and Sa n Francisco . Work cooperatively with Federal Railroad Administration, Caltrans Division of Rail, Amtrak , LOSSAN and Union Pacific Railroad to provide passenger rail service between Lo s Angeles, San Luis Obispo and San Francisco . 2 .Maintain and Increas e funding for intercit y passenger rail in th e LOSSAN Corridor a) Assure completion of National Environmental Protection Act (NEPA) document for th e Los Angeles-San Diego-San Luis Obispo (LOSSAN) North Corridor Improvements t o increase viability of Federal grant applications for rail improvements . b)Support legislative efforts to stabilize and even increase funding for passenger rail capita l improvements and operating costs . 3 .Seek appointment o f Californi a Representative to th e Amtrak Board Work with California legislative delegation, LOSSAN and other state partners to rais e awareness of the importance of having a California representative on the Amtrak Board an d seek qualified applicants for a Presidential Appointment . 4 .Support adequat e level of funding fo r Amtrak Support provision in annual appropriation bill and Amtrak reauthorization legislation for a fai r share allocation to California for capital improvements and vehicle acquisition . 2 ••B . RECEIVED COUNCIL MEETI N ITEM NO .:~~MAR 19 2013 1 1 1 SLO CITY C _I request that the City support the o owing ii s an em to your legislative platform . SB 391 (DeSaulnier) - the California Homes and Jobs Act of 2013 — proposes to raise ove r half a billion dollars each year for affordable housing through a $75 surcharge on recordin g most real estate documents (transactions that are subject to the documentary transfer tax ar e excluded). More information is available at www .californiahomesandjobsact .org . AB 639 (Perez) proposes to reallocate $600 million of existing bonds for veterans hom e loans to finance supportive rental housing for veterans . It must go to the voters fo r approval . AB 532 (Gordon) proposes to amend the Local Housing Trust Fund Matching Gran t Program to 1) allow existing HTFs to apply for the $12 million remaining in the program , 2) extend existing contracts by one year, and 3) make other operational changes . (We are a sponsor of this bill .) AB 32 (Perez) proposes to increase the amount of investments that are eligible for th e California CDFI Tax Credit Program from $10 million to $50 million . (Investments in the HTF are eligible for these tax credits .) AB 361 (Mitchell) proposes to tap into the "Health Homes" option of the Affordable Car e Act to fund services in supportive housing .