HomeMy WebLinkAbout02/16/1999, 6 - 1999 LEGISLATIVE ACTION PROGRAM council 2116199
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CITY O F SAN LUIS O B I S P O
FROM: Jeffrey G.Jorgenserlity Attorney
SUBJECT: 1999 Legislative Action Program
CAO RECOMMENDATION
Adopt a resolution establishing legislative priorities for 1999-
DISCUSSION
Attached for the Council's consideration is the 1999 Legislative Action Program Resolution.
Similar resolutions have been adopted by the Council since 1993. The City Attorney's Office
coordinates the Legislative Action Program with the assistance of the City Administrator's Office
and the various City departments. This resolution authorizes staff to respond to legislative issues
affecting the City(via letters signed by the Mayor, or in his absence, a Councilmember), provided
that the positions taken in the letters are consistent with the priorities identified in Exhibits A and B
of the resolution.
By establishing broad legislative priorities and delegating responsibility to staff to respond to
proposed legislation and recommendations from the League of California Cities, the City is better
able to react quickly to changed circumstances and urgent requests than it would be if each item
needed to be brought to the Council on a formal agenda The process has been efficient given the
limited City resources available, and the City has been very active in communicating our position
on Federal and State legislation which effects our interests.
In addition to the submission of letters to Federal and State officials, the resolution also encourages
"face-to-face" communication, which in 1999 should (1) focus on our Federal and State
representatives; (2) continue to emphasize our relationship with north county cities and agencies,
and (3) attempt to establish effective communication with the County concerning land use issues
adjacent to the City.
In response to suggestions from Councilmember Schwartz as part of this year's goal setting process,
the City Administrator's Office has assigned its new graduate intern, Jason Behnman, to set up
legislative briefings with our Congressional, State Senate,and State Assembly representatives.
Staff for Senator O'Connell and Assemblyman Maldonado have tentatively agreed to a joint
meeting on March 5, 1999. Congresswoman Capps' office has indicated that she should be
available at the end of March or beginning of April, assuming the Congressional break does not
change. We will keep the council posted as we confirm specific briefing times. It would be
helpful if the Council would give direction on the desired format of the meetings. .One suggestion
is to have an initial "focused' meeting with the Mayor and Vice-Mayor, followed by a second
meeting later in the year with the entire Council.
6-1
Council Agenda Report—Report Title
Page 2
Also attached for the Council's information are two useful articles from the most recent Western
City magazine on legislative advocacy. The City has been following the approach advocated by
the League for several years and it has been proven to be sound advice.
FISCAL EMPACT
Minor additional staff workload is anticipated.
ALTERNATIVES
The Council is encouraged to provide any additional recommendations on the process or specific
priorities.
Attachments
1. Resolution
2. Exhibit A,Legislative Action Program
3. Exhibit B (League Legislative Priorities)
4. Western City articles on legislative advocacy
6-2
RESOLUTION NO. (1999 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION
PROGRAM AND PRIORITIES FOR 1999
WIEREAS,a major objective of the City Council is to adopt an aggressive
legislative program which strengthens local government,promotes City goals and defends
the City against legislative actions by State and Federal governments that would weaken
local government and/or take away traditional revenue sources; and
WEEREAS,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 the adoption of State and Federal legislation,regulations and grant
requests; and
WHEREAS,the League of California Cities conducts a legislative analysis and
advocacy program on behalf of cities for State issues and major Federal issues;and
WHEREAS,with four County supervisors representing different portions of the
City,it is imperative that the City develop an improved system for regular communication
with the Board of Supervisors,particularly concerning land use issues adjacent to the City;
and
WHEREAS,the City should continue to emphasize developing a positive
relationship with North County Cities and agencies concerning water issues; and
WHEREAS,the City desires to be proactive and involved in the governmental
decision making processes directly affecting the City legislative priorities identified in
Exhibit"A",the League of California Cities legislative priorities identified in Exhibit'B",
6-3
Resolution No. (1999)
Page Two
and other selected issues as may from time to time be recommended by the League of
California Cities;and
WHEREAS,a key component of the City's Legislative Action Program is face-to-
face meetings between City representatives and elected officials at the Federal, State, and
County levels,and coordination with similar efforts made by other local government
entities.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of San
Luis Obispo does hereby establish the Legislative Action Priorities for 1999,as set forth in
the attached Exhibits"A"and"B",and authorizes staff to take positions on legislation
generally consistent with the Legislation Action Priorities and such other resolutions and
recommendations of the League of California Cities as may be from time to time presented
to the City.
BE TT FURTHER RESOLVED,that City staff is directed to schedule meetings, as
appropriate and convenient,with our Congressional, State Senate and State Assembly
representatives to discuss and promote the City's legislative program, and to continue efforts
to improve communications and relationships with the County Board of Supervisors and
north county cities to finther our interests in land use and water issues.
Upon motion of seconded by
and on the following roll call vote:
6-4
Resolution No: (1999)
Page Three
Ayes:
Noes:
Absedft
the foregoing resolution was adopted.this day of 1999:
Mayor Allen Settle
ATTEST:
City Clerk - -
APPFOVFDAS- O FORM:
i " tto ey
6=5
[Note: new language is underlined:deleted language contains strikeout.]
EXHIBIT A: CITY LEGISLATIVE ACTION PRIORITIES FOR 19989
FEDERAL PRIORITIES
• Requiring finding of federally mandated programs,including new water/wastewater
regulations, or eliminating such mandates
• Promoting continued and increased finding sources for transportation, especially transit
• Obtaining new finding sources to expand low and moderate income housing
• Supporting legislation to transfer ownership of Salinas Reservoir to a local agency for
the purpose of facilitating the Salinas Dam Expansion Project.
• Supporting legislation on coastal preservation
• Supporting legislation that provides regulatory relief to local government in complying
with the Fair Labor Standards Act and overtime provisions for exempt employees
• Supporting continued finding for the Land and Water Conservation Grant Program
• Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharge to POTW's from sewer
• Supporting legislation which strengthens the ability of cities to control their public
rights-of-way and apply zoning regulations relative to the telecommunications industry
• Supporting legislation to increase the availability of grant funding to replace aging
infrastructure
• Opposing legislation that limits state or local authority to tax catalog or Internet sales
• Supporting legislation which assists welfare reform to work in a positive way and
provides funding for the social service programs of local non-profit organizations
• Obtaining cooperation and prompt approval from the EPA and Army Corps of
Engineers for necessary flood control projects
• Supporting legislative action to retain the existing process of local judicial review of
land use decisions,thus avoiding preemptory,premature intrusion of federal courts into
matters best handled at the local level.
(A-1 ) 6-6
• Opposing mandatory social security for newly hired local governmental employees.
• Supporting legislation to promote the responsible and cost effective reuse of biosolids.
• Supporting the existing federal water efficient plumbing standards contained in the
Clean Water Act
STATE PRIORITIES
FINANCE
• Supporting efforts to protect the City from loss of revenues due to State mandates
• Supporting legislation that strengthens opportunities for local fiscal independence
•
Returning ERAF
• Supporting efforts to "protect,preserve and reform" local government finances
• Supporting legislation which better assures any reductions in Vehicle License Fees by
the State will be back-filled to local govemment in a permanent way.
COMMUNITY DEVELOPMENT
• Opposing mandated State approval of local General Plan Elements,such as
implementing and compliance with;State General Plan Housing element law
I • �g a a• c ..... wReumge ft
• Promoting state efforts toward preservation of open space,coastal resources, signature
land forums,wetlands, and other natural resources or areas threatened by development
PUBLIC SAFETY
• Preserving city's authority to investigate police misconduct
• Preserving city's authority to establish emergency medical service levels
• Increasing City authority to regulate group homes for juvenile offenders
I • Continuing support for disaster preparedness/earthquake preparedness with special
attention to Year 2000 impacts
• Supporting grant requests for Regional Hazardous Material Response Team,and a
training facility 6-7
• Supporting efforts to secure higher levels of cost recovery for DUI's
(A-2)
• Supporting efforts to expand the scope of parental responsibility for crimes committed
by minors
• Supporting efforts to provide the Governor with authority to override the parole board
when anyone convicted of a violent offense is proposed to be released on parole
• Preserving the authority of local control on issuance of concealed weapons permits
• Supporting a state-wide gaming commission to oversee all forms of gambling in the
state
• SuppeFting
• Retaining budget commitments for Public Safety supplemental funding- State COPS
Program
• SWpeAiagfedeml legislativea
v thus b
• Supporting lestislation to help curb underage drinking
• Owosina new or increased state fees for state provided law enforcement services
TRANSPORTATION
• Changing Gas tax laws to allow local tax for transportation purposes based on a
majority vote of the public
• Increasing transportation funding(including transit,bicycles,others),especially transit
• Rneeemge the Y r Y r + Highway
baffiefsf +
PERSONNEUENTLOYEE RELATIONS
• Further reforming Worker's compensation
• Preserving the fiscal integrity of PERS
• Opposing binding arbitration and expansion of the"Peace Officers' Bill of Rights"
6-S
(A-3)
• Monitoring employee healthcarelbenefit changes
• Opposing the establishment of the Public Employee Relations Board(PERB) as an
authority over local government employee relations disputes
PUBLIC WORKS
• Better defining"qualified"bidders in public contracts bidding
• Redefining Prevailing wages as"average"local wages
• Streamlining Federal and State process for finding street projects
• Increase to$20,000 limits of work(from$5,000)for public projects not requiring
competitive bidding
PARKS AND RECREATION
• Supporting recreational programming,particularly for"at risk"individuals within the
City
• Supporting funding for. protection of natural resources(e.g.,the Morros),open space,
and parks development
• Supporting finding for rehabilitation of urban parks
• Supporting efforts at the State level for a park and open space bond measure
• Obtaining_grant finding for a Community Center
• Improving the timeliness and accuracy of fingerprinting for volunteers
UTILITIES
• Providing funding for reclaimed water programs
• Supporting clean water grant programs
• Supporting effefts lmp slation to enhance local government's ability to comply with
solid waste requirements
(A-4)
6-9
• Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharged to POTW's from sewer
• Supporting legislation to increase availability of grant funding for replacement of aging
infrastructure
• Supporting legislation promoting the responsible and cost-effective reuse of biosolids
• Supporting legislation to streamline the state regulatory permit process through the use
of general permits
SLO DOWNTOWN ASSOCIATION
o—Supporting legislation that will extend the sunset clause and continue to allow direct
sales from farmers to the public at Farmers Market
COUNTY PRIORITIES
• Reaching agreement with the County and North County communities on solutions for
Salinas Reservoir expansion and Nacimiento pipeline projects
• Developing consistency between the City and County General Plans,particularly to
emphasize the concepts that(1)urban development should be municipal, and(2)
unincorporated areas shall remain rural,agricultural,or open space in character
• a
• Retaining County offices in the downtown area
• Improving regional solid waste management
• Developing cooperative approaches for providing services on a regional basis
• Resolvine County issues relative to the local review of biosolids to maximize our
oovortunities for safe and cost effective reuse oonominities
Diseussin• a b
aoetihtwal a > a
alle
(A-�F 10
• Continuinp-to work with other cities to convince the County that urban-like
development should take place within the boundaries of cities, and not in the
unincorporated areas—and especially not within the urban_growth boundaries of cities
• Discussing uses for the County-owned"garage" adjacent to-t-he Fremont Theater that
are more consistent with the Downtown Plan and provide more contribution to-t-he
economic vitality of the downtown.
(A-6)
6-11
LEAGUE OF CALIFORNIA CITIES LEGISLATIVE PRIORITIES FOR 1999
The League Board of Directors has adopted the following legislative priorities for the
1999 legislative session:
1. Revenue Base Protection. This recommended priority will start with a premise
similar to that of ACA 42 from last session. This was the measure sponsored by the
League that established a constitutional protection of local taxes, the Bradley-Burns sales
tax, existing property taxes and the vehicle license fee revenues. While the premise is
similar, it is necessary to go back and build the coalition needed to support a revenue
protection measure. This issue will have a legislative component as well as the
exploration of a statewide ballot initiative.
2. Revenue Return. This priority has two elements. One is based on the dialogue that
came out of the recent gubernatorial election. The other element is based on a reasonable
expectation of another attempt to secure a local government revenue source in the
upcoming legislative session. The elements are:
a. ERAF. The newly elected governor promised the return of local government
property taxes taken in the early 1990's. He promised this at the concluding
general session of the League's recent Annual Conference in Long Beach; and,
he promised it again to the League Executive Committee after the Long Beach
speech. It is incumbent upon the League to pursue this public commitment and
determine its validity.
b. Bank-in-Lieu. Last session, legislation was carried to return the bank-in-lieu
tax to local governments. It could mean as much as $160 million annually upon
full implementation. The issue was a priority of the League last year and should
again be a priority for the League in 1999.
3. Infrastructure Funding. Last session, the Legislature finally began to focus on the
public infrastructure issue. This comes after years of neglect and recession when fiscal
survival pushed long-term investment issues off all the priority lists. Last session, the
debate focused on a measure to send a small portion of the state's unexpended
transportation surplus to local governments for street and road repair - SB 1477. The
debate is expected to return to a proposal(s) to better "equalize" transportation funding
between the state and local governments.
EXHIBIT "S"
4. 2000 Census Process. The results of the 2000 census will have a tremendous effect
on the distribution of federal resources to the state and local governments of California.
There are several issues that the Board of Directors asked the League to focus on in the
upcoming census count:
a. After-the-Count Review. Local governments should reserve the authority to
review the census count for the jurisdiction for errors and then forward
recommendations to the Bureau of the Census before the counts become final.
This has been the practice in past counts and should remain as a practice in the
2000 count.
b. Provide Information to City Officials. The League should continue to serve
as a clearinghouse for information on the census count to ensure that local
agencies are active in Census Bureau activity in their community.
5. Social Security Mandate. The League should oppose any attempt of the Congress
and President to mandate new employees into the social security system. This will have a
tremendous, detrimental impact on state and local government finance in California and
will likely necessitate a reduction in the benefit structure of public sector retirement
systems in California.
6. Other Issues. Other issues that should remain in the focus of the League include city,
county school collaboration on public facilities, school safety/security, after school
programs, technology development/deployment for our public schools and programs for
senior pairing with at-risk youth.
�=��3
MM I
What
Officials
an •
0 o e
Legislative vocac
The importance of partici- 2.Respond to requests in the LegbkWve 4.TWk to your legislators when they we in
Bulletin to write"support"or"oppose" the district Invite them to city hall,to at
pation by cities and city letters in a timely manuer.Be sure the tend a council meeting,or to abriefing with
letters are received by the bill's author and city staff and other Council members.The
the committee Prior to the hearing.Aletter League will happy to provide you with
officials in the legislative pro-
that arrives a week after the vote is ineffec- background information you can use in pre
tive.Once your city has established a posi- paring for such a meeting.
cess cannot be overempha- tion on a bill,be sure to send letters as the 5.If you are to Sacramento to tes-
bill moves through the process.(Keep track *or attend a League event, take the
sized. You can — and do — of the bill's progress in the League'sLvWWa- opportunity to make an appointment
tireBullelin.)Bysendiggletters toeach com- to meet with your legislators. Let them
mitteethatw�hear the bID,your cityw�be know you are interested in and aware of
make a difference. Here's what listed in each committee'ssof the their
analyst positions on bis.Talk to them about
you Can do to participate Ill the
Don't forget to send copies of your tetters to your city's—and the League's—priority
League's Sacramento office(See"Tips issues. Often, out of respect for a fellow
For Writing an Effective Letter'on page 4.) elected official,legislators will give priority
legislative process, help your 3.Nyourleg6datorsitsonthe specific com- to meeting with a coy official, when they
mittee in which an important bill is be- won't otherwise meet with League staff or
city and help the League: ing heard,be
do has sew
6 �yoarut��bymgyourlegislator about
eats.Several years ago,a League lobbyist a speck bill,try to get a comment
1.Be sure your city establishes a process was lobbying a bill that was on call on the from him or her. If you do, notify the
to review and respond to the League's Senate floor.The lobbyist sent in a card to
ycst League.We are always counting votes,and
weekly Legislative Bulletin,which is one senatorwho had notyetvoted.The sena this information will help.
published each Friday when the Legisla- tor came offthe floor and discussed the mer- 7.Work in coalitions.Work with otherdties,
tare is in session.A hard copy of the Legis- its of the bill with the lobbyist,who asked your business community,schools and citi-
lative Bulletin is marled to each mayor and for an"aye"vote.The senator replied that zens'groups—anyone whom you think will
city manager.Additional subscriptions can she had not heard from any of her cities on be effective in convincing legislators of your
be purchased, although many cities Sim- the bill and appeared disinclined to support position
ply duplicate and circulate the copies sent the bill.Because the lobbyist had reviewed
to their city hall.The bulletin also is avail- the League's file on the bill,she was able to
able to city officials Friday afternoons via inform the senator which cities in her dis-
CityLink 2000, the League's website trill supported the bill.When the call was 77rfs article is ercerpted from Navigating the
(located at www.caaties.org). lifted thesenatorvotedforthebHL(Ihtstrue
story Illustrates the importance of writing Legislative Process: Deadlines. Procedures
letter) and Common Terms For informatiox on hory
to order a copy of this League publication,we
Tor More Information'on page ZZ
6-14 3
WEss1ERN Cmr,FEBRUARY 1999
Attachment 4 (4-1 )
_
ill
Tolps or Wroitming an
Effective Letter
f your city is taking the time sending a letter is to letyour legislator(and write too many letters.Similarly some city
others)knowyourcity'sposition.Therefore, officials think the League should not take
to write a "support" Or"op- you should make it easy for them to iden- positions on all bills that affect city govern-
tify the bre number and your position. ment—and should instead reserve its in-
2.limit your letter to only one bill.Legis- volvement for only the dozen or so"really
pose" letter on a bill, consider
lators file letters according to the b�num- big"bills.This simply is not possible,since
ber.If you write a letter to inform him or of the 5,000-6,000 bills introduced in any
the following tips to make your heraboutyom•positiononthreebills,there given two-year session,significantly more
is no telling in which file your letter will ac- than 1,000 have some sort of local govern-
letter writing campaign as effec- Wally be placed.Three separate letters guar meat impact Due to the local government
antee your positions will be properly noted. implications,the League tracks all of these
i, five as possible.(See page 5 for 3.Be brief,but factual-State your city's po- bills,but does not take a position on each of
sition and then describe the impacts of the them However,the League does take active
a -sample of an effective lobby- bill on your city:Cite"real world"implica-_ positions on,and is involved with, at least
p y tions,especially as they relate to cost or fl- 3,000 bis in each legislative session.
nance issues.Legislators hire to know how 6.Be sure to send follow-up letters to the
ing letter.) specific bills affect cities in their districts. appropriate legjslative committees as a
4.If the mayor or a council member is bill moves along.You can often use your
' 1. indicate the bid number and 'ignin the letter,and he or she knows original letter with some modifications.
sl the city at the top of the letter the legislator, consider adding a per- 7.ffyour legislator sits on a committee that
This can t e city just above the salutation, conal note to the letter. will hear the bill,or is the author of the
or typed nem to the labove thes address. 5.Don'tworryaboutwritmg letters on too bill,it is especially important that your
Never bury the reference to the s number many bills. Some cities are concerned city go on record about the bio Legisla-
and the action you want the the bill nu take about taking too many positions,because tors do take the views of their constituents
in the body n the letter.Itis amazing how they want their legislators to know when seriously.It is no a oggeration that,in some
many letters are sent this way The idea w they are"really senous While this concept offices,letters onbOLsrmavedfrom individu-
may have some merit,it is not possible to als businessesorddeswithinthelegislato's
district are placed in the bill file,while let-
ters
etters received from sources outside the dis-
trict are placed in the circular file.
Project Purchasing 8.Follow the League's Legislative Bulle-
PSA provides Purchasing Services to government agencies tin to In sure the bill hasn't been
without need of permanent personnel- significantly amended.If the league indi-
1 - - cates that the bill has been significantly
Contracts amended and requests review and comment
PSA prepares,negotiates and administers government by cities,wait to send another"support"or
contracts(construction,services,etc)including contract "oppose"letter until yourcttyhasconducted
closeout and dispute resohttion services. that internal review.Be sure to also notify
Professional Staffing the League about your city's comments on
r the amendments by sending them a copy of
PSA provides procurement pesonneL•Purchasing Managers, your letter.
Buyers,Material Management,Expedites,Contract Adminis-
ttatom Direct hue or Temp.to Permanent ■
"Your friend in reducing your costs!"
This article is excerpted from Navigating the
Legislative Process. Deadlines, Procedures
Procurement Phone: (925) 685-4289 • FAX: (925) 671-2844 and Common Terms For ixforneation on hour
Services E-mail•purchasers@procuremertservices to order a copy of this League publication,see
Associates Web:www.procummentservices com 'For More Information'on page 12-
Check
2Check our references with City/County of San Francisco,
Monterey Waste Water and City of Santa Ana.
4
UAcuE OF CAtzomuA CmEs 74
LobbyingWhat an Effective ..
City of Anywhere
P.O.Bog 123 c
Anywhere,CA 90000
March 5,1999
Assembly Member Mary Smith
California State Assembly
State Capitol,Room 2344
Sacramento,CA 95814
RE: AB 1357(Jones).Iandirll Iandscapmg.
Hearing:Assembly Natural Resources Committee;Monday April 1, 1999
NOTICE OF CITY OPPOSITION
Dear Assembly Member Smith:
I am writing on behalf of the City Council of the City of Anywhere to respectfully oppose.AB 1357(Jones).
All 1357 would require that landfills and solid waste transfer stations be landscaped so that they cannot be seen
from the air at an altitude of 2000 feet and that the landscaping be completed and the facility be in compliance
within 120 days of the bill's enactment
The City of Anywhere opposes AB 1357 for several reasons.Fust,the landscaping requirement will be extremely
costly,both to the city as the landfill operator and to the citizens served by the landfill-We estimate that the cost
to landscape our existing landfill and the two transfer stations operated by Acme Disposal will be about$300,000.
This does not include the annual operating and maintenance costs associated with the requirement
Second,even if we were able to afford the cost,it would not be possible for the facilities to be in compliance
within 120 days.Our Parks and Recreation Department personnel have been unable to identify any permanent
vegetation that grows quickly enough to meet this deadline.
Third,we believe that the landscaping requirement is unrealistic.The closest commercial airport to Anywhere is
150 miles away,and the closest general aviation airport is 70 miles away.We estimate that no more than three
flights per day cross our air space and,since much of the year we are covered by clouds,we question the advis
abMty of the legislation.
We believe that the decision of whether or not to landscape a landfill should be left to the local authorities,and
should be based upon local conditions For example,in many instances it would be a wiser use of limited re-
sources
esources to landscape the faality with automobile,not air,traffic in mind.
For these reasons,we urge you to vote NO on AB 1357.Please feel free to call Joe Barnes,who follows legislative
issues for the city,if you would lite more details about Anywhere's position.ILs number is(000)1234567.
Sincerely. (2v"R-S
Susan Gotvotes
Mayor,City of Anywhere
cc Members,Assembly Natural Resources Committee
Assembly Member Jones
League of California Cities
6-161 5
(4-3)
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647