HomeMy WebLinkAbout03-15-2016 Item 14 - 2016 Legislative Platform
Meeting Date: 3/15/2016
FROM: Christine Dietrick, City Attorney
SUBJECT: 2016 LEGISLATIVE PLATFORM
RECOMMENDATION
1. Adopt a resolution establishing a Legislative Action Platform for 2016.
2. Provide direction to staff on limiting the application of the platform to legislative action and
restricting use of the platform as a basis for advocacy for or against particular projects or
adjudicative acts before other jurisdictions’ governing bodies.
3. Appoint the Mayor, City Attorney and City Manager to act as the primary legislative liaisons
between the League of California Cities and the City of San Luis Obispo.
DISCUSSION
Legislative Action Program
Attached for the Council’s consideration is a resolution establishing the City’s 2016 Legislative
Action Platform. Similar resolutions have been adopted by the Council since 1993. The City
Attorney's Office coordinates the Legislative Action Program with assistance from the
Administration Department and from various City departments, as appropriate. 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 Exhibit A to the resolution (Attachment - A) and League of California Cities
advocacy efforts.
By establishing a broad legislative platform and delegating responsibility to the Mayor and 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 were brought to the Council at its regular meetings. The process has been efficient given the
limited City resources available, and the City continues to be active in communicating its positions
on Federal and State legislation. In 2015, the Mayor, on behalf of the City Council, sent 8 letters
pertaining to pending legislation utilizing the Council Legislative Action Platform, as well as
engaging in advocacy calls and direct outreach to legislators.
In preparing this year’s draft program, input was solicited from all City Departments. Staff was
asked to take a critical look at the items within their scope of operations and expertise and evaluate
whether there was an opportunity to narrow or focus the platform. With that look, no significant
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revisions were recommended by reviewing departments. All changes, including language clean-ups
and issue consolidations, are shown in the legislative draft of the 2015 Platform attached to this
report (Attachment - B).
In addition to Council’s substantive direction on the platform, staff also is seeking direction as to the
application of the platform to City positions on particular projects or applications that
Councilmembers believe raise issues related to the platform. Historically, the platform has been
utilized primarily to advocate for or against a particular piece of legislation and not for or against a
particular project or permitting application (adjudicative acts before other jurisdictions’ legislative
bodies). Staff recommends that the scope be expressly limited to legislative action to ensure
consistent understanding among both Councilmembers and administering staff, but requests explicit
direction from the Council majority on that issue to ensure clarity moving forward.
Legislative Liaison Appointments
The League of California Cities encourages cities to appoint a council member and a staff person to
act as legislative liaison between the League and the City. It is recommended that Mayor Jan Marx
act as the Council legislative liaison and the City Attorney and the City Manager serve as the staff
liaisons.
FISCAL IMPACT
Because no additional staff workload is anticipated as a result of this ongoing program, no new
fiscal impact will be incurred. Fiscal impacts are limited to staff time researching requests for
action under the platform and preparing correspondence on those requests determined to be within
the platform.
ALTERNATIVES
The Council may wish to include other issues, not included in the current draft or to consolidate
certain issues. However, it is also important to note that the Legislative Platform allows the City to
take action on any legislative priorities or actions formally supported by the League of California
Cities. It is staff’s recommendation that desired additions to the Platform are fairly generally crafted
and flexible to allow for quick responses to legislation important to cities.
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R ____
RESOLUTION NO. XXXX (2016 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING THE CITY LEGISLATIVE
ACTION PLATFORM FOR 2016 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, 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:
1. Establish the Legislative Action Platform for 2016 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
2. Appoint Mayor Jan Marx to act as Council Member legislative liaison and City Manager
Katie Lichtig and City Attorney Christine Dietrick to act as staff legislative liaisons with the League
of California Cities.
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Resolution No. XXXX (2016 Series) Page 2
Upon motion of ____________________ , seconded by ________________, and on the
following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ___ day of __________ 2016.
___
Mayor Jan Marx
ATTEST:
_______________________
Lee Price
Interim City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
San Luis Obispo, California, this ______ day of ______________________, __________.
_______________________
Lee Price
Interim City Clerk
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CITY OF SAN LUIS OBISPO
LEGISLATIVE ACTION PLATFORM FOR 2016
Community Development
1. Promoting reforms of the entire State mandated HCD Regional Housing Need
Allocations process to recognize local resource limitations.
2. Providing funding (i.e. through Cap and Trade or other sources) for
communities to pay for public infrastructure that meet mandated greenhouse reduction
goals.
3. Providing funding to implement programs and related action items contained in
Climate Action Plans to quantitatively reduce greenhouse gases.
4. Promoting funding sources to accomplish retrofitting of unreinforced masonry
buildings.
5. Promoting funding of on-campus housing at Cal Poly for student and faculty
housing and University acquisition of single family residences for staff and faculty
housing.
6. Preserving local control of planning and zoning matters.
7. Supporting efforts to increase funding for affordable housing and supportive
housing services for very low, low and moderate income individuals and/or families
for all cities and communities and opposing the erosion of local inclusionary housing
and in-lieu fee programs.
8. Supporting continued funding of National Housing Trust Fund and streamlined
and efficient implementing regulations at the state level.
9. Promoting additional state funding to implement SB 375 through local general
plan updates that implement the regional sustainable communities plan and alternative
planning strategy, if needed.
10. Promoting funding for the identification, acquisition, maintenance and
restoration of historic sites and structures.
11. Supporting continued or expanded funding for CDBG program.
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12. Supporting reinstatement of protections from imposition of additional building
or site conditions prior to issuance of a building permit for seismic related
improvements to buildings subject to a mitigation program established according to
state law (City URM Program) as previously provided in Government Code Section
8875.10 (this section was repealed effective January 1, 2009).
13. Supporting continued local control over mobile home park rent stabilization and
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.
14. Promoting financing for and implementation of AB 811 property-assessed
clean energy districts.
15. Encouraging continued viability of inclusionary housing provisions and
avoidance of conflicts with Costa-Hawkins Act.
16. Encouraging consistency in state legislation dealing with transportation,
housing and land use issues and eliminating potential conflicts between regional
housing requirements, smart growth mandates and environmental legislation.
17. Enabling the issuance of parking citations on private property.
18. Advocating full funding of authorized programs under the McKinney-Vento
Homeless Assistance Act, including providing more flexibility in the use of Federal
funds on the local level to address housing for the homeless.
18.19. Supporting legislation that provides funding sources for appropriate human
service agencies that support the mi ssion of the Human Relations Commission.
19.20. Supporting responsible review and revision of CEQA to ensure sound
environmental determinations.
Economic Development
20.21. Promoting funding and/or legislation using tax credits or other incentive
programs to encourage research and development by businesses in California.
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21.22. Supporting funding and policies for the promotion of California as a place to
locate businesses.
22.23. Supporting funding for the state tourism promotion program.
23.24. Supporting the effective and efficient use of all communications technologies
including voice, video, data, and information services over wired and wireless
transmission technologies.
24.25. 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.
25.26. Supporting the expansion of public infrastructure financing tools and funding
for infrastructure to provide economic development opportunities.
26.27. Promoting development of green business and head of household jobs.
Finance
27.28. 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.
28.29. 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.
29.30. Supporting efforts to collect the full amount of local transient occupancy tax
from online sales of lodging.
30.31. Supporting the continuation of California Specialized Training Institute
activities within San Luis Obispo County.
31.32. Opposing legislation that removes the municipal bond tax exemption.
32.33. Supporting clarity regarding local regulatory control and revenue equity for
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cities in any statewide regulation or permitting of medical marijuana establishments or
uses.
Human Resources/Employee Relations/Human Relations
33.34. Supporting additional workers compensation reforms that lower employers'
costs while still protecting workers.
34.35. Supporting pension and retiree health benefits reform efforts in concert with
the League of California Cities and the California Public Employees Retirement
System (PERS) Board of Directors.
35.36. Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters'
Bill of Rights," or other attempts to curtail management rights.
Supporting legislation that provides funding sources for appropriate human service
agencies that support the mi ssion of the Human Relations Commission.[Note:
Moved to Community Development priorities to reflect reassignment of HRC ].
36.37. Supporting legislation to protect the City's continued ability to administer its
Cafeteria benefit Plan.
37.38. Supporting reforms that limit the financial impacts of joint and several
liability on public entities.
38.39. Supporting the clarification, modification or repeal of AB 646 fact finding
requirements.
39.40. Opposing the expansion of procedural rights and requirements in administrative
disciplinary proceedings that increase costs and expand the timeframe and scope of
administrative processes.
Public Safety
40.41. 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.
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41.42. Preserving the City's authority to investigate police misconduct.
42.43. Supporting efforts to expand the scope of parental responsibility for crimes
committed by minors.
43.44. Preserving the authority of local control on issuance of concealed weapons
permits.
44.45. Supporting legislation to help curb alcohol-related criminal behavior and
underage drinking.
45.46. Opposing new or increased state fees for state provided law enforcement
services.
46.47. Supporting the fair and efficient allocation of radio spectrum that provides
quality frequencies, free from interference, for all local public safety
communication needs.
47.48. Supporting efforts to reduce retention periods for video monitoring tapesdata
not related to an identified incident or operation .
48.49. Preserving the City's right to regulate activities with adverse health and safety
impacts on local streets, sidewalks and right-of-ways.
49.50. 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.
50.51. 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.
Public Works
51.52. Supporting increased the availability of grant funding to replace aging
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infrastructure of all types, e.g. streets, bridges, water, sewer, parks, and storm sewer
systems, etc.
52.53. Supporting increased funding for projects that improve flood protection for the
City.
53.54. Supporting funding for implementation of clean stormwater / low impact
infrastructure replacement.
54.55. Ensuring cooperation and prompt approval from Federal and State regulatory
agencies (such as the Department ofFish & Game, Regional Water Quality Control
Board and the Army Corps of Engineers) for necessary projects involving the City's
creek system.
55.56. Exempting assessments for vital infrastructure from Proposition 218
requirements.
56.57. Supporting monetary incentives or grant funding for alternative fuel vehicles
for replacement of municipal fleet equipment.
57.58. Supporting monetary incentives or grant funding for retrofitting municipal
buildings with Energy Management Systems to centrally control all lighting and
HVAC systems.
58.59. Supporting realistic municipal clean stormwater requirements at the State Board
or legislative level.
Parks and Recreation and Natural Resources
59.60. 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.
60.61. 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.
61.62. Opposing any development under existing or new offshore oil and gas leases
off the Coast of San Luis Obispo County.
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62.63. Supporting measures to prohibit discharge of pollutants into the ocean (e.g.
selenium contaminated waters from the San Joaquin valley).
63.64. Supporting placement of the new water bond (Proposition 1) and encouraging
the Resources Agency and its departments to expedite the distribution of bond funds to
take advantage of the many favorable opportunities for land and easement acquisition
and enhancement project contracting that exist at this time.
64.65. Seeking legislative exemption from property taxes on lands dedicated to
open space purposes which are outside the boundaries of the jurisdiction owning
such lands.
65.66. Protecting funding for vital regional and community services that negatively
impact Californian's access to parks, open space, after school programming, senior
services, facilities that promote physical activity, protect natural resources, and
strengthen safety and security.
66.67. 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.
67.68. Supporting access to joint use of schools; parks and open space;
development of streets and trails that encourage physical activity and healthy
living.
68.69. Supporting extension or permanent legislation at the federal level of enhanced
tax deductions for charitable donations of Conservation Easements
Transportation
69.70. Supporting changes in gas tax laws that allow local tax for transportation
purposes based on a majority vote of the public.
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70.71. Supporting the continuation of, and increased funding sources for street
maintenance projects, transportation improvements, transit operations and bicycle
facility projects.
71.72. Supporting clean air transit funding for San Luis Obispo County, in
particular funding that provides for alternative modes of transportation with clean
air benefits.
72.73. 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.
73.74. 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.
74.75. Opposing the proposed diversion of any funding source for transportation
that reduces amounts designated for transit operations.
75.76. Supporting funding for projects to implement adopted complete street plans
demonstrated to improve public health and reduce greenhouse gas emissions.
76.77. Supporting provision of Cap and Trade funding for intercity rail.
Utilities
77.78. Supporting clean water funding programs.
78.79. Supporting recycling and waste diversion programs such as green waste
composting and enhancing local government's ability to comply with solid waste
reduction requirements.
79.80. 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 permitees.
80.81. Supporting legislation that requires the State's environmental agencies to
conduct peer review of proposed regulations to ensure that the proposal is based on
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sound science.
81.82. 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 permitees.
82.83. Supporting the elimination of 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).
83.84. 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
84.85. Promoting the safe, responsible, and cost-effective reuse of Exceptional
Quality or better biosolids.
85.86. Supporting any appropriate streamlining the state regulatory processes.
86.87. Supporting sustainable energy programs.
87.88. Supporting incentives for distributed energy generation projects such as solar
power.
88.89. 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.
89.90. Supporting federal legislative action to transfer Salinas Reservoir from Army
Corps of Engineers Military Project to Army Corps of Engineers Civil Works
Project.
90.91. Supporting the implementation of the California Urban Water
Conservation Council's Best Management Practices regarding urban water
conservation and compliance with AB 1420.
91.92. 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.
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92.93. Supporting legislation eliminating departing load charges which discourage the
use of alternative energy resources.
93.94. Allowing the use of Public Goods Funds for the development and installation of
energy saving or green energy generating projects to benefit local government.
94.95. Promoting the protection of water resources, including water quality, watershed
protection, and treatment discharge measures.
95.96. Supporting the protection of our natural resources from invasive species.
96.97. Promoting sustainability of our water resources through the use of recycled
water and other best practices.
County/Regional Priorities
97.98. 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.
98.99. 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 2005 regarding development near the edges of the City.
99.100. Encouraging participation by County in providing nearby parking for
County employees and clients, and alternate transportation and parking demand
reduction.
100.101. Supporting County development of a local ordinance providing
additional local oversight and regulation of the land application of Pollutant
Concentration (PC) or better biosolids.
101.102. Working cooperatively with the County to solve City/County flood
problems.
102.103. Supporting the San Luis Obispo County Air Pollution Control District's
legislative program, where consistent with the City's adopted policies and platform.
103.104. Supporting the San Luis Obispo Council of Governments' legislative
programadvocacy activities, where consistent with the City's adopted policies, and
platform and public project objectives.
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Attachment 1
11
105. Supporting County efforts to enhance dangerous animal regulation and
enforcement.
104.106. Supporting the streamlining, clarification and simplification of conflict
of interest regulations applicable to local officials.
14.b
Packet Pg. 214
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