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HomeMy WebLinkAboutR-10991 City Legislative Action Platform for 2019 and appointing liaison to League of California CitiesR 10991 RESOLUTION NO. 10991 (2019 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING THE CITY LEGISLATIVE ACTION PLATFORM FOR 2019 AND APPOINTING THE COUNCIL MEMBER AND STAFF PERSON TO ACT AS LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA CITIES WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action platform which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the City desires to be proactive and involved in the governmental decision- making processes directly affecting the City legislative priorities identified in Exhibit “A,” and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, the City Council considered an update to the Legislative Action Platform on January 8, 2019 and formed an ad-hoc subcommittee consisting of Councilmembers Christianson and Pease to provide further review and changes in response to Council and public input; and WHEREAS, the ad-hoc committee convened once and made changes to the City’s Legislative Action Platform that is being recommended for adoption; and WHEREAS, a key component of the City’s Legislative Action Platform is face-to-face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby: SECTION 1. Establish the Legislative Action Platform for 2019 as set forth in the attached Exhibit “A” and authorize the Mayor and designated staff to take positions on legislation generally consistent with the Legislative Action Platform and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City; and Resolution No. 10991 (2019 Series) EXHIBIT A   CITY OF SAN LUIS OBISPO LEGISLATIVE ACTION PLATFORM FOR 2019 The following reflects those legislative matters on which the Council majority authorizes the Mayor, City Manager and City Attorney to engage in legislative advocacy on behalf of the City without the need for further Council review or authority. The Council’s authorization extends only to advocacy for or against generally applicable legislative proposals being considered by local, regional, state and/or federal policy makers or regulators and does not extend to advocacy on any individual project or entitlement application pending before any decision-making body, unless specifically noted herein. Climate Action 1. Providing funding (e.g., through Cap and Trade or other sources) for communities to pay for public infrastructure that meet mandated greenhouse gas emission reduction goals. 2. Providing funding to implement programs and related action items contained in local and regional Climate Action Plans to quantitatively reduce greenhouse gas emissions and advocating for regulatory reform including but not limited to clean technologies, micro-grids, all electric buildings, electrified transportation. 3. Providing communities broad authority to form and administer Community Choice Energy (CCE) programs, reforming the CPUC, and limiting decisions that negatively impact CCEs or otherwise shift the financial impacts of investor owned utilities to CCEs. 4. Promote regulatory reform for the transition to clean technologies, microgrids, low and zero carbon energy generation, and decarbonized buildings. 5. Reform CPUC policies to ensure investor owned utilities are able and required to provide timely, accurate, and sufficiently detailed energy data. Community Development 1. Preserving local control of land use planning and zoning matters. 2. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations process to recognize local resource limitations and align infrastructure and other funding to help communities meet mandated housing requirements. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 2    3. Promoting funding of on-campus housing at Cal Poly for students, staff and faculty, and University acquisition of residences for staff and faculty housing. 4. Supporting efforts to increase funding for affordable housing and supportive housing services for very low, low and moderate income individuals and/or families in all cities and communities and opposing the erosion of local inclusionary housing and in-lieu fee programs. 5. Supporting continued funding of National Housing Trust Fund and streamlined and efficient implementing regulations at the state level. 6. Promoting additional state funding to implement AB 32 (The California Global Warming Solutions Act of 2006) and SB 375 (The Sustainable Communities and Climate Protection Act of 2008) through local general plan updates that implement the regional sustainable communities plan and alternative planning strategy, if needed. 7. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites and structures. 8. Supporting continued or expanded funding for the Community Development Block Grant (CDBG) program. 9. Supporting continued local control over mobile home park rent stabilization and local control over the conversion of mobile home parks to other uses. Encourage the amendment of Section 66427.5 of the California Government Code and other relevant law for the purpose of ensuring that mobile home park residents are not involuntarily removed from homes or otherwise economically impacted if parks are subdivided or converted. 10. Resolving and addressing regulatory or financial barriers to implement AB 811 property-assessed clean energy districts. 11. Encouraging continued viability of inclusionary housing provisions and avoidance of conflicts with Costa-Hawkins Act. 12. Enabling the issuance of parking citations on private property. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 3    13. Advocating full funding for services and transitional housing for individuals who are unhoused, including providing more flexibility in the use of Federal funds on the local level to address housing. 14. Supporting legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission. 15. Supporting responsible review and revision of CEQA to ensure sound environmental determinations. 16. Promoting pragmatic and clarifying actions to implement Proposition 64 Cannabis legalization, including increased funding for health education, the preservation of local land use decision making, , reconciliation of conflicts in state and federal law, and systems for legal banking. 17. Supporting modern and cost-efficient, thorough and accurate methods for the population to exercise its civic obligation to be counted in the 2020 Census. Economic Development 1. Promoting funding and/or legislation using tax credits or other incentive programs to encourage research and development by businesses in California. 2. Supporting funding and policies for the promotion of California as a place to locate businesses that provide head-of-household jobs. 3. Supporting economic development that is integrated with climate action and social justice, such as the Green New Deal. 4. Supporting funding for the state tourism promotion program. 5. Supporting the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies and supporting net neutrality. 6. Supporting telecommunications reform legislation and other measures that preserve local control over public rights-of-way, protect local resources and guarantee access to, funding for, and local flexibility in utilizing funds for public, educational and government (PEG) access television. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 4    7. Supporting the expansion of public infrastructure financing tools and funding for infrastructure. 8. Supporting head-of-household jobs, including analyses of impacts and associated mitigations regarding major regional employers. Finance 1. Supporting meaningful fiscal reform that allows each level of government to adequately finance its service responsibilities while continuing to support efforts to protect the City from loss of revenues due to State take-aways and unfunded State or Federal mandates. 2. Advocating against initiatives that unduly burden and/or prohibit local government ability to support essential services to the community. 3. 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. 4. Supporting efforts to collect the full amount of local transient occupancy tax from online sales of lodging. 5. Supporting the continuation of California Specialized Training Institute activities within San Luis Obispo County. 6. Opposing legislation that removes the municipal bond tax exemption. Human Resources/Employee Relations 1. Supporting additional workers’ compensation reforms that lower employers' costs while still protecting workers and opposing legislation that would restrict appropriate cost controls in the workers’ compensation system. 2. Supporting pension and retiree health benefits reform efforts, policy changes, and permissible administration decisions aimed at reducing unfunded liabilities, reducing costs, and ensuring the long-term viability of the defined benefit pension system in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 5    3. Opposing the expansion of property rights in public employment and procedural requirements that hinder or significantly increase the public costs of effective performance management, including legislation that curtails management rights or obstructs the timely, efficient and cost-effective implementation of performance management or disciplinary measures. 4. Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan and maintain comprehensive health care coverage for eligible employees, in a financially sustainable manner. 5. Supporting reforms that limit the financial impacts of joint and several liability on public entities. 6. Supporting the clarification, modification or repeal of AB 646 fact finding requirements and opposing measures that reduces local control over public employee disputes. 7. Opposing measures that curtail management rights or impose local government mandated employee benefits that should be directly negotiated between labor groups and employers. 8. Supporting Federal legislation to modify, refine, or eliminate Federal Labor Standards Act (FLSA) requirements on public agencies. 9. Support reforms that limit the joint and several liability to agencies who have entered into Joint Powers Agreements (JPAs). Public Safety 1. Continuing State and Federal funding support for school safety, disaster preparedness, earthquake preparedness, Homeland Security, hazardous material response, State COPS program and other local law enforcement activities. 2. Preserving the City's authority to investigate police misconduct. 3. Preserving the authority of local control on issuance of concealed weapons permits. 4. Supporting legislation to help curb drug and alcohol-related criminal behavior and underage consumption. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 6    5. Opposing new or increased state fees for state-provided law enforcement services. 6. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs. 7. Supporting efforts to enhance radio and data system(s) stability and interoperability among public safety agencies and jurisdictions. 8. Supporting efforts to reduce retention periods for video monitoring data not related to an identified incident or operation. 9. Preserving the City's right to regulate activities with adverse health and safety impacts on local streets, sidewalks and rights-of-way. 10. Supporting legislation to improve and enhance the safety of cargo transported via rail, including but not limited to: safety enhancements for rail vessel construction with an emphasis on efforts to rapidly improve the safe transport of volatile crude oil and limit the use of older, “grandfathered” containers and vessels; enhancements in remote monitoring and control of railcar speeds; reduction of railcar speeds in populated areas like San Luis Obispo; enhancements in communications, notifications and information dissemination to local governments, especially public safety agencies. 11. Supporting and expanding funding and programs to proactively reduce fire risk attributed to heavy vegetative fuels loads, high tree mortality, drought, and climate change to remove diseased, dead and/or down combustible vegetation, thin forests to improve forest health, and create effective defensible space between the undeveloped and developed environments. 12. Supporting grants and aid to land/property owners with properties one mile or less from natural vegetation, which are threatened by wind-driven fire events, to harden structures again fire impingement and create sustainable defensible spaces. 13. Supporting grants and aid to local governments to develop modern evacuation communications systems to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 7    14. Supporting legislation that would result in the implementation of a statewide modern evacuation communications system to effectively reach all residents in a timely fashion via voice, text, email, and other electronic means, which is available for use by local governments at the discretion of local governments. 15. Supporting legislation to preserve and enhance local control, at the City level, for the provision of public safety services, including the scope and provision of medical and non-medical emergency services. 16. Supporting uniformity of state and federal regulations of drones and the study and adoption of appropriate local airport protections and public safety exemptions. 17. Supporting legislation regarding the safe transport and storage of nuclear waste. 18. Supporting legislation to address the education, funding and treatment of opioid addiction. 19. Supporting legislation that expands funding to manage vegetation and fuel sources in the wildland urban interface. 20. Supporting legislation to provide funding to help communities prepare for and be resilient after natural disasters. Public Works 1. Supporting increased availability of grant funding to replace aging infrastructure of all types, e.g. streets, bridges, water, sewer, parks, and storm sewer systems, etc. 2. Supporting increased funding for flood protection, clean stormwater and low impact infrastructure projects. 3. Ensuring cooperation and prompt approval from Federal and State regulatory agencies (such as the Department of Fish & Wildlife, Regional Water Quality Control Board and the Army Corps of Engineers) for necessary projects involving the City's creek system. 4. Supporting monetary incentives or grant funding for alternative fuel vehicles for replacement of municipal fleet equipment. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 8    5. Supporting funding and policies that support and enhance active transportation modes such as bicycles, pedestrian, transit connections, and transit. 6. Supporting continued protection of SB -1 and other funding for transportation infrastructure maintenance. Parks and Recreation and Natural Resources 1. Supporting State and Federal funding and other measures to promote the acquisition, protection, preservation and restoration of natural resources, open space, coastal resources, signature land forms, wetlands and park development, including continued funding for the Land and Water Conservation Grant Program and for the California Conservation Corps. 2. Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development. 3. Supporting amendments to stormwater regulatory requirements to reduce mandatory minimum fines and penalties and the recovery of private attorneys’ fees for technical non-compliance issues that do not result in adverse public health impacts or environmental harm. 4. Support stormwater requirements that are related to specific issues and include reasonable implementation timeframes and funding. 5. Opposing any development under existing or new offshore oil and gas leases off the Coast of San Luis Obispo County. 6. Opposing any development under existing or new oil and gas leases in San Luis Obispo County. 7. Supporting and seeking State and Federal funding and other measures to conduct research and implement land management measures for the purpose of carbon sequestration. 8. Supporting measures to prohibit discharge of pollutants into the ocean (e.g. selenium contaminated waters from the San Joaquin valley). Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 9    9. Encouraging the Resources Agency and its departments to expedite the distribution of remaining Proposition 1 bond funds to take advantage of the many favorable opportunities for land and easement acquisition and enhancement project contracting. 10. Seeking legislative exemption from property taxes on lands dedicated to open space purposes, which are outside the boundaries of the jurisdiction owning such lands. 11. Protecting funding for vital regional and community services that negatively impact Californians’ access to parks, open space, after school programming, senior services, facilities that promote physical activity, protect natural resources, and strengthen safety and security. 12. Promoting policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas emissions, including: strengthening policies that fund parks, open-space, bike lanes and non-motorized trails through the development and implementation of a carbon credit and offset program, and advocating for the strong integration of local and regional park and non-motorized transportation improvements into "Smart Growth Scenarios" pursuant to SB 375. 13. Supporting access to joint use of schools; parks and open space; development of streets and trails that encourage physical activity and healthy living. 14. Supporting extension or permanent legislation at the federal level of enhanced tax deductions for charitable donations of Conservation Easements 15. Supporting legislation to limit the opening of national parks (or other protected public lands, e.g. Carrizo Plain) to fossil fuel extraction. Transportation 1. Supporting changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public. 2. Supporting the continuation of, and increased funding sources for street maintenance projects, transportation improvements, transit operations and multimodal facility projects. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 10    3. Supporting funding sources for transit electrification. 4. Supporting clean air transit f unding for San Luis Obispo County, in particular funding that provides for alternative modes of transportation with clean air benefits. 5. 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. 6. Encouraging private transportation companies (such as Union Pacific Railroad) to reach agreements for sharing of properly secured right of way corridors for other compatible uses such as bicycle and pedestrian facilities. 7. Opposing the proposed diversion of any funding source for transportation that reduces amounts designated for transit operations. 8. Supporting funding for projects to implement adopted complete street plans demonstrated to improve public health and reduce greenhouse gas emissions. 9. Supporting provision of Cap and Trade funding for intercity rail. 10. Supporting increased funding for existing Active Transportation Program (ATP). 11. Preserving funding for existing and future transportation needs. Utilities 1. Supporting clean water funding programs. 2. Supporting recycling, waste diversion, and zero waste programs and enhancing local government's ability to comply with solid waste reduction requirements. 3. Supporting measures that require the State Water Resources Control Board and Regional Water Quality Control Boards establish a process to evaluate, in advance of adoption, the costs of compliance for pending and future regulatory actions on NPDES permittees. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 11    4. Supporting legislation that requires the State's environmental agencies to conduct peer review of proposed regulations to ensure that the proposal is based on sound science. 5. Supporting the elimination of mandatory minimum penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers (i.e. repeal SB 709). 6. Supporting measures to ensure reasonableness in the administration of NPDES permit governing City operations, including pursuing a municipal representative on the Regional Water Quality Control Board 7. Promoting the safe, responsible, and cost-effective reuse of Exceptional Quality or better biosolids. 8. Supporting sustainable energy programs. 9. 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. 10. Supporting federal legislative action to transfer Salinas Reservoir from Army Corps of Engineers Military Project to Army Corps of Engineers Civil Works Project. 11. Supporting the implementation of the California Urban Water Conservation Council's Best Management Practices regarding urban water conservation and compliance with AB 1420. 12. Supporting amendments to the Urban Water Management Planning Act to recognize past investment in water conservation and the City's ability to comply with SBx7-7 and other water conservation regulations. 13. Opposing legislation that requires recycled water to be included in water conservation regulations. 14. Opposing legislation that requires mandatory consolidation of water systems without acknowledgement of water rights. 15. Promoting legislation that expands or encourages the expansion of recycled water production and use. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 12    16. Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources. 17. Allowing the use of Public Goods Funds for the development and installation of energy saving or green energy generating projects to benefit local government. 18. Opposing legislation that diminishes the City’s existing water rights. 19. Promoting the protection of water resources. 20. Supporting the protection of our natural resources from invasive species. 21. Supporting regional water resiliency initiatives. 22. Support a two-track option of laboratory accreditation, California Environmental Laboratory Accreditation Program (ELAP) and the National Environmental Laboratory Accreditation Conference (NELAC) Institute also known as TNI. County/Regional Priorities 1. Supporting legislation and other policy considerations to expand funding for the delivery of case management, drug, alcohol, and detoxification services, mental health services, and the establishment of shelter facilities. 2. Working with the County to assure land use practices that are consistent with the Memorandum of Agreement adopted by the City Council and County Board of Supervisors in 2016 regarding development near the edges of the City. 3. Encouraging participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction. 4. Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Pollutant Concentration (PC) or better biosolids. 5. Working cooperatively with the County to solve City/County flood problems. 6. Supporting the San Luis Obispo County Air Pollution Control District's legislative program, where consistent with the City's adopted policies and platform. Resolution No. 10991 (2019 Series) EXHIBIT A  LEGISLATIVE ACTION PLATFORM FOR 2019 Page 13    7. Supporting the San Luis Obispo Council of Governments' legislative advocacy activities, where consistent with the City's adopted policies, platform and public project objectives. 8. Supporting efforts to enhance dangerous animal regulation and enforcement. 9. Supporting the streamlining, clarification and simplification of conflict of interest regulations applicable to local officials. 10. Encouraging the County and cities therein to join the Monterey Bay Community Power community choice energy program 11. Supporting the Central Coast Regional Energy Network at the County Board of Supervisors, the CPUC, and related relevant entities. 12. Working with appropriate regional partners, including the County, adjacent cities, Cal Poly, and regulatory agencies to fund and support climate change impact projections and coordinate approaches for increasing regional resilience. 13. Ensuring that permitted development outside City jurisdiction has adequate water supplies to support development activities and intensities and does not indirectly impose water service obligations to adjacent municipal water agencies.