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Home My WebLink About3/6/2018 Item 11, Dietrick �� ° �� ; ,, , Co �cil e ora� . ... u .. � �. d ,, e� _ March 6, 2018 TO: City Council FROM: Christine Dietrick, City Attorney �V1,�ti VIA: Derek Johnsonfi'�ity Manager SUBJECT: 3/6/18 Council Agenda Item#11, 2018 Legislative Platform This agenda correspondence is being provided in response to questions or requests for clarification on certain proposed legislative platform items as set forth below. A. Additional details from staff regarding issues proposed to be included in the Legislative Platform as part of Exhibit A to the Resolution (labeled as Attachment B to the agenda item). ��;��;d�,� ,�"TClll10t1l1a fL1I1(�lIl� SOl1TC�5 t0 �CCOIII�IISI1 Te�T0�1tt1II� flf lllll'e111fOTCeC� masoniy vU11C�lIlaS. ��r��,��. Supporting reinstate�nent of protections fi�oin imposition of��iditional t�uilding or site canditio�s prior to issuance of a buildi�ig pet�nit for s�ismic related improvements to t]U11C�1I1�5 5L1��2Ct t0 � Ill1tl�c�t10I1 �1'O�T�ITl eS�S�311S�1�C� aCCOTC1111� t0 state l�w (City ' UR11�I Program) as previously provided in Govein�nent Code Section 8875.10 (this ' s�ction was repealed effective January 1, 2009). The City is substantially retrofit to current standards, and once the Garden Street Terraces project is complete, all buildings in the downtown will have been retrofitted. However, given California's high potential for seismic activity and the likelihood of evolving seismic standards, staff recommends maintaining this item in the platform. •��,�,Supporting ttie clarification, madificatian ar repeal �� AB 6�6 fact fir�dintr ��°�"t"�1��it'��t�"��t��z � r �..�,�vY..�.�y}� [�K ��➢ C�i rf ..7....i_�� ,.,F wT� ..��..... . i � � � � �. ;,��I �[�;._ t il1 o i � � + i , r � ,... ,.. .. e e e eeeee e�„ eeeeee ..� r t I�(I � �,. .. �,.. . ..... � W._... . r..�:'('`..�......:� ° �'..;�,�,r ..� 3/6/18 Agenda Item#11, 2018 Legislative Platform Page 2 AB 646 refers to the statutory labor negotiations impasse procedures adopted by the legislature, reflected in Government Code Section 3505.4. The statute requires cities to submit impasse disputes to the factfinding process upon request by an employee organization. While an adverse decision of the factfinding panel can be rejected by the City Council and the Council ultimately can unilaterally impose the terms of the City's last,best and final offer, the statute dictates factors that must be considered in the factfinding process and requires procedures that lengthen the implementation process and escalate labor negotiations costs. The statute prohibits waiver of an organization's right to request statutory factfinding, which means the City can be involuntarily compelled to participate. While the City supports and always attempts to achieve voluntary agreements with its employee organizations, staff recommends continuing to support measures that preserve and enhance the greatest level of local control and ultimate decision making authority in the City Council or permit the greatest flexibility in the negotiation of locally acceptable dispute resolution procedures. p@�� IIG',� �"vl� �,J�..i,� I��' ar � �.4�i..4��:5; �i�``.� 1' '��.}��f ��l 1r.��E�})�' a�,� �� 4 �.�E..��111 ��(i .+ �, I.'j! l ,;l{�1t,�, ..eu1.��aI�F�lll��.�...' .�.�,�,�u �..�w ..�.� 've.e.�.�.7.�!,u.flk,` 4� ......:.,se,�..l�. r �,�ir .�,�...�la= !........ �,�� o�� es a�,� M.o�o�� ,�.�� The FLSA is the federal statute that establishes the requirements for calculating the regular rate of pay and overtime pay in certain instances. Most local agencies also negotiate contractual requirements for the payment of overtime(often in excess of strict FLSA requirements)to address local labor needs. The application of the FLSA to local agencies can result in technical inconsistencies that can lead to costly litigation and the award of attorneys' fees for minor, technical violations of the statute that often exceed any actual liability by tens or even hundreds of thousands of dollars. Thus, staff recommends supporting the elimination of the application of the FLSA to local agencies in favor of locally negotiated overtime provisions or, alternatively, the amendment of the attorneys fees provisions to eliminate or cap the recovery of attorneys fees to an amount equal or reasonably proportional to the amount of the value of any violation ultimately proved in order to discourage frivolous litigation and the wasteful expenditure of scarce public resources. ��— R`.�'. �.�� *°r:N,��,� �t��l�r��"Po�I.�:ill ��'J ��1�d1��;�� 'l�Gt�� k�lll� S�°�'�� ah��9'� ' ��ri e'�"�,��:��w "�t!'�l��:M ��'�r"� ,�sw�..� �f�t�r�d ` �tc� J�irit ��wei°s 1�.��u'��a�� ,��'�. This item is recommended for inclusion so that the City is positioned to oppose any expansion of joint and several liability principles to public agencies, which can result in parties to litigation being held responsible for economic damages beyond their directly established responsibility, particularly where there is a contractual relationship among parties to a dispute. 109. ��posi.ng€ legislation that requires recycl�d wate�� to Ue i�icluded i�i water conseiv�tion regulations. 3/6/18 Agenda Item#11, 2018 Legislative Platform Page 3 The City's current ability to provide recycled water for irrigation, even during required potable water reductions, serves to incentivize the use of recycled water. While the City has been at the forefront of water conservation, and efficient irrigation practices are required by the municipal code, recent proposals for recycled water conservation may not have the desired effect in our community. Removal of local recycled water governance and inclusion in statewide conservation regulations could actually serve to limit the use and appeal of putting in the infrastructure to support recycled water. Currently, recycled water is not stored in large volumes at the Water Resource Recovery Facility and must be either utilized as irrigation or released into San Luis Obispo Creek. While irrigation days were limited during the drought,the City continued to deliver recycled water that allowed our parks to remain irrigated for our citizens without impacting our potable water supplies. �°��°��w•� � ?�� ll�)�7(„11'�ll�� 111� G1T<`�X�]' �I�1�1�1�1��]�I��. � The concept of One Water envisions more than a future where there will be no `waste' in water. While using recycled water for potable use is a worthy initiative to support, One Water initiatives are significantly broader than potable reuse. This item is purposefully broad because of the breadth of the possibilities inherent in a One Water approach. Staff recommends preserving flexibility to support initiatives that further full-scale implementation of a holistic system-wide approach to how communities integrate their water resource management to create economic, social, and environmental benefits. Full-scale implementation would see current water silos of treatment, storm, and waste removed as we look at the complete cycle of water and holistic infrastructure systems. Beyond recycled water and potable reuse, One Water initiatives may incorporate storm water capture, groundwater infiltration, holistic watershed planning including agriculture, flooding solutions, environmental projects, and energy generation. B. Language edits suggested to further clarify the Council's intentions related to action on these issues: �-�� k �� „Proiuoting additional state fiuidiny to implem�nt AB 32 and SB 375 tlu�ough loc�l general plan updates that implement the regional sustainable commuuities plan a�d altei-�iative plan�iuig �trate�y, if needed. �-9-:11. Promoting additional state funding to implement AB 32 g� ��„ �,� �� a a�� ;�a�� .:.m �e� .... � wn.m.�:. . a....� �.. �� .m. , .m ,` ' � . _.�..�tia��r��...�e��a�. �� a��n��a�� r°"� � � �� ..��...m��and SB 375 � ��^ �t��tl;:��H�u��,�a� � ��. �_��,�� w9"q��w�w��°r __��t.a__a�� _�'��'.�d:��'�_� ._through local general plan updates that implement the regional sustainable communities plan and alternative planning strategy, if needed. �� ;� I �� ' ; , �� ' I �,�� I��