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HomeMy WebLinkAbout04/20/2004, C8 - 2004 LEGISLATIVE ACTION PROGRAM council M � -� j acEnba Report �H 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 �b� l 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). Cg� ICo RECEIVED APR P. o 2004 COUNCIL MEMORANDUM ERK April 20, 2004 � COUNCIL $CDD DIR — CAO 'FIN DIR Zr�ACAO �r FIRE CHIEF To: Mayor Dave Romero 1 11 /J ATTORNEY ;Z PW DIR Ken Schwartz 9"CLERK%09IG POLICE CHF RED FILE Christine Mulholland DEPTHEADS 9.0 DIR �— TIL DIR MEETING AGENDA Allen Settle (�_ /� ��„ 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: