HomeMy WebLinkAbout1998-03-23 City Council (22)TO:
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City of Palo Alto
Manager’s Report
HONORABLE CITY COUNCIL
ATTENTION: POLICY AND SERVICES COMMITTEE
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT:CITY MANAGER’S
OFFICE
MARCH 23, 1998 CMR:154:98
PROPOSED 1998 LEGISLATIVE OBJECTIVES
RECOMMENDATION
Staff recommends that the Policy and Services Committee approve the 1998 legislative
objectives and recommends that the City Council adopt these objectives as the basis for the
City’s legislative advocacy in 1998.
BACKGROUND
On April 28, 1997, the City Council adopted its 1997 legislative objectives (CMR: 182:97),
which were based on a compilation of positions that had been previously acknowledged by
the Council in July 1996 and then updated by staff for 1997.
The 1997 legislative objectives consisted of 112 statements covering a wide range of issues.
The City took action on several of these objectives as well as others that were not listed in
the 1997 platform. The City’s primary method of taking action on legislative matters was
by writing letters for the Mayor’s signature, stating support of or opposition to specific pieces
of legislation. In addition, the City worked actively with Senator Byron Sher to sponsor SB
682 to provide 60 days notice tO tenants facing a rent increase and SB 448 to protect privacy
rights for publicly operated utilities.
A table describing the legislative action taken by the City of Palo Alto is attached. From this
table it can be seen that the City took action on 19 items, including 15 State bills, two Federal
bills and two decisions by the Federal Communications Commission. Of these 19 items, 13
items (or two thirds) related to objectives put forth in the City’s 1997 legislative platform;
6 items (or one third) were not directly addressed in the plat.form. Sixteen of the 19 State and
Federal items on which the City took action have been signed, vetoed or otherwise resolved.
Of these 16 resolved items, eight were decided in Palo Alto’s favor, i.e., the position put
forth by the City was the position that prevailed. Palo Alto-sponsored SB682 is one of the
eight items not resolved in the City’s favor.
CMR: 154:98 Page 1 of 3
DISCUSSION
Analysis of the City’s legislative action in 1997. raised concems regarding the timeliness and
focus of the City’s 1997 legislative objectives. These concems were also raised by the Policy
and Services Committee in March 1997 when it called for distillation of the 1997 legislative
objectives into a reasonable set of priorities.
In 1997, the City’s legislative objectives were based in large part on the 1996 platform
which, in turn, was based on positions endorsed by Council in previous years. Of the 112
objectives in the 1997 platform, 83 were also in the 1996 platform, which suggests an
opportunity to make the platform more up-to-date. Legislative advocacy letters were sent
on only 10 percent of the objectives in the 1997 platform. A cursory, retrospective review
of State bills enacted in 1997 reveals several that the City did not take action on even though
these bills addressed objectives in the City’s 1997 platform.
To ensure that the City’s legislative objectives reflect current priorities, staffdecided to build
the platform from the bottom up, drawing on previous platforms as appropriate, but not using
them as a starting point. The intent was not to develop an exhaustive list that captures the
¯ City’s position on all potential legislation. Rather, the intent was to show how Palo Alto will
focus its limited resources for legislative action on the issues that matter most to the City and
its residents. Consequently, each department was asked to work with the appropriate staff
as well as boards and commissions to determine top legislative priorities, using the following
criteria:
The issue will have a significant impact on the operation and/or funding of a
department or the City as a whole
The issue will be worthy of dedicating sufficient staff resources to track
relevant legislation and take proactive, meaningful action in support or
opposition
The issue is likely to require action in 1998
The priorities submitted by departments have been compiled into the 1998 legislative
objectives (see attached). The objectives consist of 31 statements of the City’s position on
a variety of issues of significance to the City organization and the community. The focus of
the platform is primarily in the areas of revenue and taxation, transportation and utilities.
Many of the priorities in these ar.eas are continued from the previous year.
The bottom-up approach taken in developing the 1998 legislative platform has resulted in a
reasonable number of legislative objectives that reflect the City’s priorities. This will enable
City staffto more effectively track and take action on legislation which corresponds to the
1998 platform. Staff from departments who proposed objectives in the platform will be
responsible for tracking corresponding legislation and reporting on their advocacy efforts
and the results at the end of the legislative session. The City Manager’s Office will provide
CMR: 154:98 Page 2 of 3
support to the legislative advocacy process throughout the year and will compile an analysis
of the legislative platform at the end of the year.
Since the 1998 legislative objectives are more focused, it will be necessary to maintain the
flexibility currently afforded in the City’s process for legislative advocacy to enable a timely
response to new issues. As the Council and staff identify issues throughout the year that are
important to the City, but not expressly included in the 1998 platform, the Mayor is
empowered to sign legislative advocacy letters that he deems to be consistent with City
policy and/or other legislative objectives.
RESOURCE IMPACT
This report does not represent any change to existing City resotwce allocation. City staff will
continue to be expected to allocate time to legislative advocacy, although in a more focused
way on a smaller set of legislative objectives.
POLICY IMPLICATIONS
This report does not represent any change to existing City policies.
TIMELINE
Upon adoption by the City Council, the 1998 legislative objectives will immediately become
the basis for the City’s legislative advocacy. The process to develop the City’s 1999
legislative platform will begin in the Fall of 1998. Analysis of the legislative action taken
by City departments and the results of the legislative session will be presented to Council in
early 1999.
ENVIRONMENTAL REVIEW
The adoption of legislative objectives is not a project under the California Environmental
Quality Act (CEQA).
ATTACHMENTS
Analysis of 1997 Legislative Objectives
1998 Legislative Objectives
’PREPARED BY: Audrey Seymour, Senior Executive Assistant
CITY MANAGER APPROVAL.’~. ~ A~~)
~’~MIL’V~HARRISON
Assistant City Manager
CMR:154:98 Page 3 of 3
Analysi~,,of (~ity ofpalo Alto 1997 Legislative Objectives
Legis-
lation #
AB92
AB379
SB147
AB344
FCC
AB95
et. al.
AB1033
SB682
AB673
SB500
ABll91
AB1296
AB940
AB1362
FIR1534
s. 1204
FCC
AB371
s. 1483
SB448
Legislation Description
Low Income Housing Credit
High Occupancy Vehicle Lanes
Enforcement
Local Agency Borrowing
Peace Officers Procedural Bill of
Rights
Texas state law re: municipal
involvement in telecommunications
ERAF Transfers
State Children’s Trust Fund
60 Day Notice for Rental Tenancy
Changes
Public Employees: Mediation and
Fact Finding
Firearms ("Sat. Night Special" Ban)
Vehicle Traffic Rules and Reg.
Hazardous Recreational Activities:
Skateboarding
Limitation on Retention in Public
Works Contracts
Clarification of Guardino Decision
Circumvention of Local Authority
in Land Use Disputes
Interstitial Channel Assignment
Sexual Assault Felony Enforcement
Team Pilot
Municipal Utilities Tax Exempt
Bonds
Public Records
City
Position
Support
Support
Oppose
Oppose
Oppose
Support
Support
Support
Oppose
Support
Support
Support
Oppose
Support
Oppose
Oppose
Support
Oppose
Support
In City
Platform
Yes
Yes
Yes
Yes
Yes
No
Yes
No
Yes
Yes
Yes
No
Yes
Yes
No
Yes
Yes
City Action
Letter 3/97
Letter 3/97
Letter 6/97
Letter 3/97
Letter 3/97
Letter 4/97
Letter 4/97
Letter 5/97
Sponsor
Letter 6/97
Letter 9/97
Letter 7/97
Letter 8/97
Letter 8/97
Letter 9/97
Letter9/97
Letter10/97
Letter10/97
Letter 10/97
Letter 11/97
Letter 12/97
Sponsor
Result
Inactive file
Signed
Rfd. to Comm.
Died out of,
Committee
Upheld
Held in Comm.
Signed
Vetoed
Vetoed
Vetoed
Signed
Signed
Vetoed
Vetoed
Rfd. to Comm.
Upheld
Held in Comm.
Reported to
Senate
Signed
CITY OF PALO ALTO
1998 LEGISLATIVE OBJECTIVES
(Proposed)
COMMUNITY SERVICES ¯
Support legislation that provides funding for mtmicipal infrastructure projects, including
bond measures for matching grants to support urban parks, community centers, open
space properties and amenities and library renovation and .construction.
Oppose legislation that limits the abilities of libraries to provide the public with access to
information, using the Interact as a tool.
Support legislation that promotes regional collaboration to increase access to library
resources.
ELECTIONS
Support legislation which preserves local control and integrity of elections for charter
cities.
Simplify procedures for recall and replacement of public officials.
EMPLOYEE RELATIONS
Support efforts to allow for Public Employees’ Retirement System medical benefits by
contract amendment for domestic partners.
HOUSING
¯Support legislation to authorize extended notice of rent increases to residential tenants.
page 1 of 5
PUBLIC RECORDS
¯Support legislation which enables cities to charge fees to cover the costs associated with
the research and retrieval of documents for the public.
¯Support legislation to authorize reasonable access to electronic public records.
PUBLIC WORKS
Oppose legislation that limits local control of solid waste collection and maintains the
authority of municipalities to control s~iid waste flows through exclusive contracts,
licenses, permits and franchises.
Support efforts to reduce landfill waste, including development of additional markets and
greater State compliance with the 50 percent diversion goal.
REVENUE AND TAXATION
Support legislation and/or efforts to revise the State constitution that restore and preserve
revenue raising options and!or provide more revenue flexibility to cities, including
preserving the authority to issue debt and approve general obligation bonds with a simple
majority vote and restoring the authority to levy special purpose taxes with a less than 2/3
majority vote. (Specific examples include SB110, ACA10 and efforts to allow cities and
counties to jointly plan for one cent sales tax increases).
Support legislation to clarify and mitigate the impacts Of Proposition 218.
Support legislation that restores city revenues that were shifted to other levels of
government in prior years and which limits the ability 0fthe State to take actions which
shift revenues in the future. (e.g. AB511, ERAF Reform)
Support legislation that restricts the State from issuing unfunded mandates.
Support efforts to ensure that any restructuring of State and local government should
assign the responsibility for programs on the basis of how services can be provided and
funded most effectively.
page 2’of 5
TRANSPORTATION
The City of Palo Alto will work with the Santa Clara Valley Transportation Authority to promote
the following objectives:
Maintain existing funding for transportation programs and protect dedicated
transportation funds from diversions to the State General Fund or to other non-
transportation purposes.
Address the negative impacts of the California Supreme Court’s Guardino decision,
including amending the State Constitution to authorize local special taxes for
transportation purposes to be approved by a simple majority vote.
Oppose limiting the flexibility of Caltrans and local agencies to contract out
transportation project development work.
Support legislation to provide a tax credit to employers who purchase public transit
passes for their employees.
Seek a Petroleum Violation Escrow Account (PVEA) appropriation to provide priority
signal and intersection improvements for transit service along the Line 22 bus route.
Support an approach to Intermodal Surface Transportation Efficiency Act (ISTEA)
reauthorization that:
Preserves the basic framework and innovations of ISTEA
Retains/expands upon key ISTEA principles, including funding flexibility and a
balance between highway and transit investments
Provides long-term, sustained investment in the nation’s transportation
infrastructure
-Maintains the Federal role in transit
-Strengthens partnerships between Federal, State and local interests
-Recognizes/strengthens the nexus between land use, air quality and transportation
Support efforts to limit aircraft noise from San Francisco International Airport and enable
notification and involvement of impacted cities in planning and decisions that affect
aircraft noise. Efforts might include: amending noise standards to address single aircraft
as well as cumulative noise; inspecting and replacing outdated noise monitoring
equipment; installing noise monitoring equipment in impacted communities, including
Palo Alto; requiring notification of impacted cities regarding changes in flight patterns,
hours and volumes and providing Caltrans with the authority to impose penalties if State
noise regulations are not met.
page 3 of 5
UTILITIES
Support local control of decision-making for local utilities, including: rate-making;
regulatory authority; utility transfers to the general fund; bundling of telecommunications
services with electric or other utility services; use of poles, conduits and other utilities
infrastructure; water, purchases and implementation of the Best Management Practices of
the California Urban Water Conservation Council.
Support legislation for electric utility industry restructuring that:
-Maintains the concept of municipal utilities
-Creates a level playing field for municipal utilities with respect to other players in
the marketplace
Improves the efficiency of the electric system for the benefit of all consumers
Retains existing regulatory authority and contractual commitments made on
behalf of those consumers
Facilitates customer choice, effective competition and market participation and
opposes Federal restructuring proposals which undermine customer choice
Provides fair stranded cost recovery
Provides liability protection for electric utilities that have constructed their
¯facilities according to safe practices
Opposes changes to Federal power pricing policies from cost-based to current
market rate
.Opposes the transfer of control or ownership of the Federal power marketing
administrations (PMAs) to private entities
Supports the goals of the Federal Central Valley Project Improvement Act and its
implementation in a manner that does not unfairly burden CVP power customers
Oppose limits to cities’ abilities to directly or indirectly provide telecommunications
services or infrastructure under terms that are established locally.
Support efforts to develop a more open and competitive market for water
Oppose the imposition of a financial charge on urban water retail suppliers that would be
used to specifically fund rural safe drinking water grants, groundwater clean-up and fish
and wildlife enhancements.
Support water quality standards based upon known health risks as determined from
scientific evaluation.
Support clear definition and legislation of business confidentiality rights for publicly
operated utilities and their customers.
page 4 of 5
OTI-IER
Oppose Federal Communications Commission regulation of cable companies that
preempts local franchise authority, protection of right-of-way and taxing authority.
page 5 of 5