HomeMy WebLinkAbout04/20/2004, C8 - 2004 LEGISLATIVE ACTION PROGRAM council M � -�
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CITY OF SAN LUIS O B I S P O
FROM: Jonathan P. Lowell, City Attorney
SUBJECT: 2004 LEGISLATIVE ACTION PROGRAM
CAO RECOMMENDATION
1. Adopt a resolution establishing Legislative Priorities for 2004;
2. Appoint a Council member and a staff person to act as legislative liaison
between the League of California Cities and the City of San Luis
Obispo.
DISCUSSION
1. Legislative Action Program. Attached for the Council's consideration is the 2004 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
Administrators 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 relevant Department
Head), provided that the positions taken in the letters are consistent with the priorities identified in
Exhibits A and B to the resolution.
As you are aware,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"communications with our Federal and State representatives and elected officials at all
levels of government in order to further ensure implementation of the City's Legislative Action
Program.
2. Legislative Liaison Appointments. The League of California Cities encourages cities to
appoint a councilmember and a staff person to act as legislative liaison between the League and the
City. In 2003 Mayor Romero served as the councilmember liaison, and Betsy Kiser as interim staff
liaison. It is recommended Mayor Romero continue as councilmember legislative liaison and the
City Attorney serve as the staff liaison as in previous years.
Council Agenda Report—2004 Legislative Action Program
Page 2
FISCAL IMPACT
No additional staff workload is anticipated.
ALTERNATIVES
The Council is encouraged to provide any additional recommendations on the process or specific
priorities.
Attachments
1. Resolution (establishing Legislative Priorities), includes Exhibits A (City Legislative Action
Priorities for 2004) and B (League of California Cities 2003 Federal Priority Issues)
(Legislative Draft of City Legislative Action Priorities available in Council Reading File)
H:\Prows\CPVxgislative\LegisPriorAgndaRpt2004.doc
Attachment l
RESOLUTION NO. (2004 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION
PROGRAM AND PRIORITIES FOR 2004 AND APPOINTMENT
OF COUNCI .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 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
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", the League of
California Cities legislative priorities identified in Exhibit"B", 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:
(1) Establish the Legislative Action Priorities for 2004, as set forth in the attached Exhibits "A"
and"B", and authorize 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; and
(2)Appoint David F. Romero to act as Councilmember legislative liaison and Jonathan Lowell to
act as staff legislative liaison with the League of California Cities.
aq 3
Resolution No. (2004 Series) Attachment 1
Page 2
Upon motion of seconded by , and on the
following roll call vote:
Ayes:
Noes:
Absent:
the foregoing resolution was adopted this day of 2004.
David F. Romero
Mayor
ATTEST:
Lee Price,CMC
City Clerk
APPROVED AS TO FORM:
J P.Lowell
City Attorney
H:\Prows\CP\Legislative\Legistative Priorities\Resolution.DOC
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Exhibit A
EXHIBIT A: CITY LEGISLATIVE ACTION PRIORITIES FOR 2004
FEDERAL PRIORITIES
1. Requiring funding of federally mandated programs,including new water/wastewater/storm
water regulations, or eliminating such mandates
2. Promoting continued and increased funding sources for streets and transportation,especially
transit
3. Obtaining new funding sources to expand housing opportunities for very low, low and
moderate income families
4. Supporting legislation on coastal preservation
5. Supporting legislation that provides regulatory relief to local government in complying with
the Fair Labor Standards Act and overtime provisions for exempt employees
6. Supporting continued funding for the Land and Water Conservation Grant Program
7. Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharge to Publicly Owned Treatment Works (POTW's) from sewers
8. Supporting legislation which strengthens the ability of cities to control their public rights-of-
way and apply zoning regulations relative to the telecommunications industry
9. Supporting legislation to increase the availability of grant funding to replace aging
infrastructure of all types;e.g.- streets, bridges, water and sewer systems, etc.
10. Supporting legislation that grants monies to local government for infrastructure
improvements in areas that have contamination from oil and gas production.
11. Endorsing legislation which provides local government with a fair share tax on
catalog and intemet sales; and opposing legislation that limits state or local authority to tax
catalog or Internet sales
12. 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
13. Obtaining funding,cooperation and prompt approval from the Environmental Protection
Agency (EPA) and Army Corps of Engineers for necessary flood control projects.
14. Supporting legislative action to retain the existing process of local judicial review of
A-1 �g�
1
Exhibit A
land use decisions, thus avoiding preemptory, premature intrusion of federal courts
into matters best known to authorities at the local level
15. Supporting legislation for grant funding for steelhead restoration projects
16. Opposing mandatory social security for newly hired local governmental employees
17. Supporting legislation to promote the safe,responsible, and cost effective reuse of
biosolids
18. Supporting the existing federal water efficient plumbing standards contained in
the Clean Water Act
19. Promoting Federal efforts toward preservation of open space, coastal resources
signature land forms, wetlands, and other natural resources or areas threatened by
development
20. Supporting the creation of National Marine Sanctuary off the Coast of San Luis
Obispo County to protect this fragile habitat from offshore oil and gas development
21. Supporting legislation that encourages research and development by businesses
through tax credits or other incentive programs
22. Supporting legislation that grants monies to local agencies, educational institutions
and non-profit corporations to provide incubator services to new and small
businesses dedicated to developing new technologies
23. Supporting legislation that funds the arts—especially public art
24. Seeking federal participation in the Ahearn property acquisition (within the
boundaries of Los Padres National Forest)through the Federal Forest Legacy
Program or other appropriate Federal funding program
25. Supporting funding for national and international tourism promotion
26. Supporting continued funding for CDBG at or above recent levels
27. Supporting continued funding for Federal block grants for local law
enforcement
28. Supporting clean air transit funding for San Luis Obispo County
29. Supporting a sustainable energy policy
30. Supporting continuation of AMTRAK services and improvements thereto
A-2 ��
Exhibit A
31. Promoting funding for the acquisition and preservation of open space
32. Supporting continued funding and enhancement of social services programs that aid
residents of the community
STATE PRIORITIES
FINANCE
1. Supporting efforts to protect the City from loss of revenues due to State take-aways and
mandates, such as through Local Government and Public Safety Protection Act
2. Supporting legislation that strengthens opportunities for local fiscal independence
3. Returning ERAF
4. Supporting efforts to"protect, preserve and reform"local government revenue sources
5. Supporting legislation which better assures any reductions in Vehicle License Fees
by the State will be back-filled by the state to local government in a permanent way
6. Supporting funding for state tourism promotion
7. Endorsing legislation which provides local government with a fair share tax on
catalog and intemet sales; and opposing legislation that limits state or local authority
to tax catalog or Internet sales
8. Endorsing legislation supporting reformation of property tax procedures from
existing systems of penalizing property improvement and maintenance to a system
that rewards property improvements and maintenance
COMMUNITY DEVELOPMENT
1. Opposing mandated State approval of local General Plan Elements, such as implementing
and compliance with State General Plan Housing element law
(especially any return of SB 910 or other sanctions for noncompliance)
2. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations
process to recognize local urban plans and local resource limitations
3. Promoting funding sources to encourage the retrofitting of unreinforced masonry
buildings
A-3 "
J Exhibit A
4. Promoting State efforts toward preservation of open space,coastal resources, signature land
forums, wetlands, and other natural resources or areas threatened by development
5 Promoting funding for the acquisition and preservation of open space
6. Promoting funding of on-campus housing at Community Colleges and CSU for
student and faculty housing
7. Promoting the concept of Urban Growth Boundaries
8. Promoting funding for the arts,especially public art
9. Promoting legislation which moves final decision on school site locations from
school district authority to local government(city or county) authority
10. Preserving local control of planning and zoning matters (such as the prohibition of
drive-through windows and highway signage)
11. Promoting funding and/or legislation that encourages research and development by
businesses in California
12. Supporting funding for the promotion of California as a place to locate businesses
13. Making funding available for affordable housing for very low, low and moderate income
families to all cities and communities without regard to whether or not HCD has certified
their housing element. Affordable housing need does not depend on Housing Element
status
14. Promoting funding for the acquisition, maintenance and restoration of historic sites and
structures
PUBLIC SAFETY
1. Continuing support for disaster preparedness/earthquake preparedness/Homeland Security
2. Preserving City's authority to investigate police misconduct
3. Preserving City's authority to establish emergency medical service levels
4. Increasing City authority to regulate group homes for juvenile offenders
5. Supporting grant requests for Regional Hazardous Material Response Team, and
other related activities
A-4
Exhibit A
6. Supporting efforts to secure higher levels of cost recovery for DUI incidents
7. Supporting efforts to expand the scope of parental responsibility for crimes
committed by minors
8. 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
9. Preserving the authority of local control on issuance of concealed weapons permits
10. Supporting a state-wide gaming commission to oversee all forms of gambling in the
state
11. Retaining budget commitments for Public Safety supplemental funding—State
COPS Program
12. Supporting legislation to help curb alcohol-related criminal behavior and underage drinking
13. Supporting ABC work on minor/alcohol issues
14. Opposing new or increased state fees for state provided law enforcement services
15. Preserving the City's authority to establish emergency service levels
TRANSPORTATION
1. Changing Gas tax laws to allow local tax for transportation purposes based on a majority
vote of the public
2. Increasing transportation funding (including transit,bicycles, others), especially transit
3. Working with Caltrans, SLOCOG, and the California Transportation Commission
to relinquish Hwy 1 within the City limits and relinquish Hwy 227 within the City limits
after Caltrans' completion of road overlay and reconstruction of Hwy 227
4. Working with the California Transportation Commission to expeditiously fund the Hwy
227 road overlay and reconstruction project
5 Working with Caltrans to modify the blanket maintenance agreement to have
City perform all traffic signal maintenance and operations
6. Providing state funding for CalTrans replacement of structures that have
contributed to local flooding
A-5 N-9
Exhibit A
7. Supporting clean air transit funding for San Luis Obispo County
8. Supporting actions to protect existing city transit programs from legislation or other
efforts designated to transfer local transit resources to regional operations or
programs
9. 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
HUMAN RESOURCES/EMPLOYEE RELATIONSMHUMAN RELATIONS
1. Supporting worker's compensation reforms that lower employers' costs while still
protecting workers
2. Preserving the fiscal integrity of PERS and opposing State mandates that augment
PERS benefits outside of the collective bargaining process
3. Opposing the expansion of the"Peace Officers' Bill of Rights"or other attempts to
curtail management rights
4. Monitoring employee healthcare/benefit changes
5. Supporting any actions that will mitigate the tremendous increase in PERS rates
due to PERS investment losses.
6. Supporting social services projects and funding thereof that assist residents of the
community who otherwise have no "safety net"
7. Promoting reasonable legislation that furthers equal rights for all residents
PUBLIC WORKS
1. Better defining "qualified" bidders in public contracts bidding
2. Redefining prevailing wages as"average" local wages
3. Streamlining federal and state processes for funding street projects
PARKS AND RECREATION AND NATURAL RESOURCES
1. Supporting recreational funding,particularly for"at risk"individuals within the City
A-6
Exhibit A
2. Supporting funding for: protection of natural resources (e.g. the Morros), open space, and
parks development(e.g. Proposition 12)
3. Supporting funding for rehabilitation of urban parks
4. Supporting efforts at the State level for a park and open space bond measure
5. Seeking legislative grants supporting the City's acquisition of properties in the City
greenbelt
6. Obtaining grant funding for unmet community recreational needs
7. Encouraging the State Department of Parks and Recreation to expedite the
distribution of Proposition 40 funds
8. Seeking legislative exemption from property taxes on lands dedicated to open space
purposes which are outside the boundaries of the jurisdiction owning such lands
iTIMMES
1. Providing funding for reclaimed water programs
2. Supporting clean water grant programs
3. Supporting legislation to modify or enhance local government's ability to comply with solid
waste requirements
4. Supporting legislation to eliminate mandatory penalties for violations of NPDES
Requirements and returning discretionary control to the Regional Water Quality Control
Board Executive Officers (i.e. repeal SB 709)
5. Supporting legislation which will enhance market development for recycled materials
6. Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharged to POTW's from sewers
7. Supporting legislation to increase availability of grant funding for replacement of aging
infrastructure
8. Supporting legislation promoting the safe,responsible, and cost-effective reuse of biosolids
9. Supporting legislation to streamline the state regulatory permit process through the use of
general permits
A-7 Cg
1
Exhibit A
10. Supporting legislation to establish water efficiency standards in the"Appliance Efficiency
Standards"
11. Supporting legislation to return discretion and flexibility to the Regional Water
Quality Control Boards in permitting
12. Supporting Legislation funding local,community based energy efficiency
programs
13. Supporting a sustainable energy policy
14. Supporting efforts that require the Regional Water Quality Control Boards to
establish discharge limitations based upon appropriate beneficial use designations
without using the Use Attainability Analysis (UAA)process
15. 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(TMDL)
16. Supporting legislation that allows cities/agencies to control through ordinance or
ban self-regenerating water softeners
17. Supporting legislation to allow transfer of the Salinas Reservoir to a local agency
18. Supporting efforts that require the State Water Resources Control Board to establish
policies and guidance for establishing appropriate and reasonable discharge limitations to
Effluent Dependant Waterbodies (EDW's)
19. Supporting legislation that limits discharger mitigation measures for water reuse/recycling
projects when a significant portion of the flow in the affected receiving water is discharged
from imported water sources
20. Support legislation that aids in the implementation of the California Urban Water
Conservation Council's Best Management Practices regarding urban water conservation.
COUNTY/REGIONAL PRIORITIES
1. Reaching agreement on the Nacimiento pipeline project with the County
2. 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
3. Working cooperatively with the County in the construction of County administrative and
judicial offices and courts in the downtown area. Encouraging participation by County in
A-8 �� 1
Exhibit A
providing nearby parking for County employees and clients, and alternate transportation and
parking demand reduction
4. Improving regional solid waste management
5. Developing cooperative approaches for providing services on a regional basis
6. Resolving County issues relative to the local review of biosolids to maximize our
opportunities for safe and cost effective reuse opportunities
7. Discussing and resolving issues on the City periphery, such as conversion of agricultural
zoning to residential subdivision and industrial use, allowing increases in density in
residential and industrial areas, allowing substantial development beyond the City's urban
reserve line and giving greater credence to and respecting the integrity of the City's planning
process
8. Continuing 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
9. Working with the Airport Land Use Commission to develop a mutually acceptable
plan for City's expansion areas so that the City's housing goals
can be achieved
10. Advocating for more on-campus housing at Cal Poly, and support for staff and faculty
housing consistent with the updated Housing Element
11. Working cooperatively with the County to solve City/County flood problems
12. Advocating for some student housing on the Cuesta College campus
EDUCATION
1. Supporting efforts to adequately fund the educational units within our community:
-primary and secondary schools
-special education programs for disadvantaged as well as gifted students
-Cuesta College
-the CPSU/SLO,whose unique programs and educational approach within the CSU
warrant special consideration
A-9 C�- 13
Exhibit B
League of California Cities
www.cacities.org
Better Cities—A Better Life
2003 FEDERAL PRIORITY ISSUES
HOMELAND SECURITY
• Support flexible block grants to local governments to improve security and public safety locally.
Such funding would enable cities, as the first-responders, to increase emergency response and
public safety efforts, improve communications systems, effectively prepare against bioterrorism
attacks, develop citizen preparedness programs, and meet other critical security needs.
• Support the appropriation of $3.5 billion for first responders, and language that provides local
governments direct access to these funds. As seen on September 11"', and in the critical time
immediately following, it is local first responders who are on the frontlines in the fight to secure the
homeland. Cities need adequate resources to protect public safety.
REAUTHORIZATION OF TEA-21
Fun ding
• Ensure that California receives an increased share of highway funding based on its contributions
to the Highway Trust Fund and preeminent role in the national economy. California's population
will increase by nearly a third over the next 20 years. This will translate into an additional 160
billion vehicle miles traveled annually—an increase of 50% on an already overburdened system.
• Maintain the guaranteed funding levels and firewalls established in TEA-21 that match
transportation expenditures to transportation revenues.
• Retain the Revenue Aligned Budget Authority mechanism, but distribute proceeds consistent with
the historical split of gas tax proceeds to the Highway and Mass Transit Accounts.
• Oppose efforts to impose an arbitrary funding "cap" on the disbursement of formula or
discretionary federal transit funds to any state.
Program Structure
• Continue the basic program structure instituted by ISTEA that provides state, regional and local
officials the flexibility to allocate federal funds to a range of highway, transit, local road, and
bicycle/pedestrian improvements based on needs.
• Remove barriers to funding projects and programs that promote more efficient operation of the
existing transportation system, such as deleting the three-year limit on the use of CMAQ funds
and the varying local match requirements among different transportation programs.
Expediting Proiect Delivery
• Support increased flexibility and streamlining reforms that assist cities in operating and
maintaining the existing transportation network, including linking permitting agency review and
approval to environmental review processes for environmentally responsible and expeditious
project delivery. In California, such changes are key for cities as local governments bear
responsibility for the operation and maintenance of approximately 79 percent of the state's total
maintained road system. This is equivalent to 310,000 lane miles—a 40% increase from 1970.
Cgr IL�
Exhibit B
ECONOMIC STIMULUS
• Seek resources to aid and spur economic development in states and local governments hard hit
by the economic downturn. The State of California's estimated $35 billion budget shortfall is hitting
California cities hard. If the Governor's proposed reductions are enacted, cities would face an
estimated loss in excess of $2.5 Billion over 17 months, which directly impacts the delivery of
critical municipal services to our residents, such as police and fire services and maintenance of
roads and sewer and water systems.
TELECOMMUNICATIONS/TECHNOLOGY
Public Safety Spectrum
• Ensure adequate broadcast spectrum is available to local governments for public safety com-
munications. Current spectrum allocations are insufficient and often force local response agencies
to operate across different, incompatible radio frequency bands. As a result, agencies responding
to emergencies are often unable to communicate rapidly with each other. This occurred during the
September 11th attacks and remains a constant problem for California public safety agencies.
E-Commerce
• Support efforts to ensure all sales transactions are treated equally, leveling the playing field for
traditional "Brick and Mortar" merchants, out of state sellers such as remote web sites, and mail
order outlets, as well as new hybrid "Click and Mortar" businesses.
• Oppose proposals that bar collection of sales and use taxes on Internet transactions which cities
and their residents depend on to provide critical municipal.services (e.g., police and fire services
receive approximately 60 percent of city discretionary spending; other important services include
sewer and water systems, road maintenance, parks, recreation, and libraries.)
• Support state and local governments' ability to require remote sellers without a physical presence
in the state to collect use taxes on goods and services sold, and remit those taxes to the
purchaser's state. Support efforts to simplify and reduce compliance costs for remote sellers.
• Support proposals that allow state and local governments to gain taxing authority automatically
after fulfilling Congress' simplification requirements.
• Oppose proposals that exempt all intangible property and software downloads from sales and use
tax. Makers of these products should pay their fair share.
Public Riohts-of-Wav Maintenance
• Preserve state and local authority to manage public rights-of-way, zoning and to protect public
safety and welfare.
• Oppose proposals that reduce or eliminate compensation paid to cities for the use of their property
and rights-of-way. Telecommunications firms should not receive a "high tech handout" or subsidy
from cities and taxpayers.
AFFORDABLE HOUSING
• Support increased resources and tools to expand the supply of affordable housing, including
creation of an affordable rental housing production program that provides cities with direct
assistance to help produce, rehabilitate, and preserve affordable housing.
• Support tax incentives to promote private investment in the production of rental housing units,
including enactment of new tax benefits that complement the federal Low-Income Housing Tax
Credit Program and provide additional incentives to invest in multi-family rental housing.
FEDERAL MANDATES AND PREEMPTION OF LOCAL AUTHORITY
• Support provisions that provide cities relief from unfunded Federal mandates, and oppose
provisions that preempt essential and traditional rights and responsibilities of cities and states
(e.g., land use and zoning authorities), including takings proposals aimed at shifting the authority
on local land use from state and local levels to federal courts.
C�- l�
Exhibit B
FUNDING FOR KEY CITY PROGRAMS
• Support increased funding for community and economic development (e.g., CDBG and HOME),
job training and Workforce Investment Act, transportation, law enforcement (e.g., the Local Law
Enforcement Block Grant and COPS programs), and parks (e.g., Urban Parks and Recreation
Recovery Program and Land and Water Conservation Fund).
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RECEIVED
APR P. o 2004
COUNCIL MEMORANDUM ERK
April 20, 2004 � COUNCIL $CDD DIR
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To: Mayor Dave Romero 1 11
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Ken Schwartz 9"CLERK%09IG POLICE CHF RED FILE
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John Ewan DAT ITEM # C _
From: Jonathan Lowell, City Attorney
Via: Ken Hampian, City Administrative Officer
!
Subject: Modification of 2004 Legislative Priorities
Minor revisions to the Proposed Legislative Priorities have been provided to staff since the
agenda report was circulated. Staff concurs with and proposes the following revisions.
Under State Priorities, Finance, at page C8-7, item 8 is modified to read:
8. Endorsing legislation supporting reasonable reformation of property tax
procedures from existing systems of penalizing property improvement and
maintenance to a system that rewards property improvements and maintenance
Under County/Regional Priorities, at page C8-13, the following language is proposed as an
alternative to existing item 6:
6. Support County development of a local ordinance providinir additional local
oversikht and regulation of the.land application of Exceptional Quality (EQ)
biosolid.
(The above proposed language is consistent with the current direction of the County and the
recommendation of the County Biosolids Task Force.)
Under County/Regional Priorities, at page C8-13, item 12 is to be eliminated in order to ensure
consistency with the newly adopted Housing Element: