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HomeMy WebLinkAbout1997-03-25 City CouncilCity of Palo Alto C ty Manager’s Report ATTENTION:POLICY AND SERVICES COMMITTEE FROM:CITY MANAGER DEPARTMENT: City Manager AGENDA DATE: March 25, 1997 CMR: 182:97 SUBJECT:Review of City of Palo Alto Legislative Platform for 1997 REOUEST This report presents the draft 1997 City of Palo Alto Legislative Platform for Council review and approval. RECOMMENDATION It is recommended that the Council approve the Council legislative positions compiled as the 1997 City of Palo Alto Legislative Platform. POLICY IMPLICATIONS In addition to the Legislative Action Program,.approved by Council on July 1, 1996, Council approval-o~f this document will affirm the foundation upon which the City.will take action on proposed legislation. EXEC________~IVE SUMMARY On July 1, 1996, in accordance with the recommendation of the Policy and Services Committee, Council approved the amended policies and procedures stated in the City of Palo Alto Legislative Action Program Handbook and acknowledged the Council legislative positions compiled as the City of Palo Alto Legislative Platform. The Platform was acknowledged rather than approved because some of the positions stated in the Platform had been.adopted by prior Councils without the input of those currently seated on the Council. It was the intent of the Council that, in December 1996, the Policy and Services Committee would develop a LegislativePlatform for 1997, and, in accordance with the amended Legislative Action Program, the Council would review the Platform on an annual basis. Due to the vacancies in the Assistant City Manager and Assistant to the City Manager positions, the developmentand review of the 1997 Platform has been delayed until the present time. To prepare the attached draft 1997 Legislative Platform, staff from each department has reviewed the July 1996 Platform and updated it, in order to make it a useful guide for the 1997 session of the State Legislature and Congress. The positions included relate to CMR:182:97 Page 1 of 2 legislative issues which are still unresolved at the state or federal level, or which are periodically challenged by the introduction of new legislation. The statements are grouped by general subject area, not necessarily synonymous, with City departments. Staff has endeavored to include all the issues which it expects will be the focus of legislative activity for the balance of this year. Nevertheless, additional bills may come to the City’s attention which were not anticipated. FISCAL IMPACT The effective functioning of the previously approved Legislative Action Program, including the Legislative Platform, can alert the City and Council to issues of legislation which have the potential for a fiscal impact on the City. ENVIRONMENTAL ASSESSMENT This does not constitute a project according to the Califomia Environmental Quality Act, and, therefore, no environmental assessment is required. ~ ATTACHMENTS Draft City of Palo Alto 1997 Legislative Platform PREPARED BY:Janet Freeland CITY MANAGER APPROVAL: Manager CMR:182:97 Page CITY OF PALO ALTO LEGISLATIVE PLATFORM 1997 Draft The following statements represent a compilation of positions which the Palo Alto City Council acknowledged in July 1996 and which have been recently updated for 1997 by staff from appropriate departments. These positions relate to legislative issues which are still unresolved at the state or federal level, or which are periodically challenged by the introduction of new legislation. Statements are grouped by general subject area. This legislative platform shall be reviewed and updated annually by the City Council. CITY ADMINISTRATIVE ISSUES Preserve the attorney-client privilege for local government, permitting the use of executive sessions. Elections Oppose legislative proposals which would reduce a charter city’s ability to regulate the number of signatures required on a petition to change the city’s charter. The charter is the equivalent of a constitution for a city and provides for local control. It should not be susceptible to the placement of frivolous charter amendment initiatives on the ballot. Support legislation which preserves a charter city’s ability to provide for local control regarding its election process, as well as maintaining the integrity of the process. Liability Support legislation which will assure the City’s immunity from liability for injuries resulting from the natural condition of public property. Support amendment of the Government Code to expressly include skateboarding as a hazardous recreational activity forwhich public agency immunity from liability is provided. Public Records Act Reform. The California Public Records Act is a vital means of assuring public access to government information. Reform is needed to assure cost effective access ~to records without public subsidies. Electronic access to public records should be provided on a statewide basis as long as adequate provisions are made for cost recovery, data security and protection of personal privacy and proprietary business information. Any reform efforts should also consider the needs of the public for paper record access. 1 "Takings". Oppose legislation which would require municipalities to compensate property owners for complying with laws and regulations enacted in the public interest, i.e., that protect the safety, health, and welfare of the community. COMMUNITY DEVELOPMENT CEQA Support legislative efforts to simplify the environmental review process. Reforms to the .California Environmental Quality Act should make the process more efficient, but not lessen the importance of applying CEQA review to projects which have the potential to impact the environment. Housing Oppose actions by the state that would preempt local policy and local control over rental housing. Support increased funding, tax incentives and bond authority for rental housing construction and rehabilitation. Support state subvention funding to cities and counties for construction and rehabilitation of rental housing for low and very low income families and individuals, and emergency shelters and ancillary services for the homeless. Support legislation allowing cities which share a common border to pool resources such as in lieu fees, infras~eture, land and staff planning time, in an effort to meet affordable housing requirements. Support legislation which will increase the proportion of the state’s tax-exempt bond authority which is allocated to local issuers for mortgage revenue-bonds and mortgage credit certificates. Support legislation mandating a 60-day notice to tenants for increased rent instead of the current 30-day notification. Local zoning authority Oppose any efforts to limit local authority over land use andzoning decisions unless done in the context of regional planning efforts. 2 Redevelopment The use of eminent domain should be a local decision based on local circumstances. Eminent domain is an appropriate power to be used by redevelopment agencies in order to assemble and improve parcels for resale of blighted properties in commercial areas. Current law provides business property owners significant protections and fair compensation. (Federal Issues) If Congress pursues’ efforts to replace current categorical programs with block grants to states, ensure that local governments have the opportunity to play a significant role in the planning and design of these programs so that services are provided in a manner that best meets the needs of local communities. Support full funding for the Community Development Block Grant and HOME programs. These programs make a vital contribution to the economic well-being of low-income households, foster local initiative, and offer communities the flexibility to design and implement their own solutions to local needs. Support the restoration of funding for the Summer Youth Training and Employment Program (Job Training Partnership Act funds). This program, which operates in partnership with private industry and many public entities, is of vital importance to disadvantaged youth in the NOVA service area. Oppose the recently enacted legislation which allows owners of federally subsidized rental housingto pre-pay loans and convert to market rate housing. Support efforts to remove this permission. Support the permanent inclusion of the Low Income Housing Tax Credit in the U.S. tax code. The LIHTC encourages partnerships between corporations, state and local governments and nonprofit housing developers in the provision of affordable multi-family and rental housing. Support all efforts to preserve housing units with project-based Section 8 assistance. COMMUNITY SERVICES Child care Support state and federal actions which will encourage employer support for child care and facilitate local provision of quality affordable child care. Homeless Support legislation which would enable state armories or other viable facilities to be made available for temporary shelter for homeless persons on a year-round basis. Support actions which would make surplus federal and state property available as permanent facilities that can be used as temporary shelter for the homeless. Library Services Improve funding opportunities for California public libraries. Serious inequities in public library service levels exist throughout the state, resulting in disproportionately heavy demands placed on those which are better funded. Support legislation which will 1) provide viable funding mechanisms for those libraries with limited options for local support, and 2) fully fund existing laws to reimburse handling costs for reciprocal loans to non-residents and support a base level of public library service on per capita bases (Public Library Fund). Support new legislation to establish the Library of California (SB 409). No single Library is able to meet the diverse needs of its primary clientele. To ensure that all Californians efficiently access the resources of over 8000 libraries in academic, school, non-profit, corporate and public institutions, libraries of all types and in all parts of the state must be enabled to interact, cooperate and share resources. The Bay Area, especially deh in major and unique collections, is targeted as a demonstration model for interconnecting libraries technologically and setting up protocols for exchange of information. (Federal issues) Arts & Culture: Support reappropfiation for the National Endowment for the Arts without restrictive language. EMPLOYEE RELATIONS Support legislation or regulatory changes which will clarify the exclusions from Public Employees’ Retirement System membership for hourly-rated or hourly-based employees. Such clarification shall take into account existing contract provisions between PERS and the contracting agencies. Oppose efforts to unreasonably restrict the home rule authority of cities to hire, classify and ’compensate part-time employees and to mandate that cities enroll such employees in PERS benefit programs. (Federal issues) Oppose the mandatory extension of social security and Medicare coverage to all state and 4 local government employees. It is acknowledged that the future fiscal stability of the Medicare system must be assured, but this must not be done in a manner which places an unfair hardship or an undue burden on state and local governments, their residents or their employees. Oppose federal tax regulation interpretation that would consider non-elective accrued vacation, sick leave, and compensatory time as earned income to be taxed. ENVIRONMENTAL QUALITY Environmental Health Oppose the preemption of local authority to regulate tobacco products. Pollution Prevention Support the establishment and operation of state government multi-media pollution prevention programs. Urge the state to include support for local government pollution prevention programs as an element of state pollution prevention efforts. Continue to allowloeal public outreach programs to advocate pollution prevention and alternatives to polluting chemical products and practices. Supportregional and state efforts to control particular pollutant sources where those actions would be more cost effective than local pollutant control measures. Support the development of cost effective solutions to enhancing the water quality of San ¯ Francisco Bay and its tributary streams and creeks. Oppose restrictions on local government authority to protect environmental quality, particularly when restrictions affect the City’s ability to comply with its own permit requirements (e.g., wastewater, storm water). Recycling Support measures which promote market development for reeyelable materials. Support legislation amending the "bottle bill" which will expand the variety of containers eligible for redemption. Support measures to reduce the illegal disposal of used oil and to recycle and reclaim used oil to the greatest extent possible, in an effort to recover natural resources, avoid damage to the environment and threats to public health. Support source reduction as a means of decreasing the amount of solid waste, and emphasize that biodegradability should not be an excuse for being disposable. Hazardous Materials Oppose the preemption of local authority to regulate hazardous materials. Oppose the expansion of the universe of environmental and related programs that are under the authority of Certified Unified Program Agencies (CUPAs) until existing programs have been incorporated into a Unified Program for a period of at least three years. Oppose the incorporation of additional building and fire code compliance programs into CUPA programs unless the CUPA is already the local agency responsible for building code compliance in a respective jurisdiction. Support policies and programs that assign primary authority for control of hazardous materials with the local agency that has zoning and land use approval authority. Support legislation that amends state laws and regulations, including CCR Title 27, to require CAL-EPA to certify cities as CUPAs which were deemed qualified by state agencies that reviewed City applications, if the local City Council approves the coordinating agency agreement that is required by CAL-EPA. (Federal issues) Support legislation which will provide federal matching funds for local water reclamation projects which will enable the City to reduce the use of potable water by substituting reclaimed water for landscape irrigation, lessen the discharge of water to the Bay, and assure compliance with federal water quality attainment standards. Support legislation that explicitly gives municipalities the ability to direct solid waste flows, but only if it includes a "California Amendment" which, specifically authorizes flow control through exclusive contracts, licenses, permits and franchises, thus remTtrming existing authority and practices. Without such authority, local govemments might be forced to abandon responsible, user- based enterprise funding of integrated waste activities. PUBLIC SAFETY Enforcement Support legislation mandating all persons riding motorcycles and motor bikes to wear helmets. Paramedic Services Support legislation which will require health insurance plans to include the initial stabilizing medical services provided by first responders (firefighters and paramedics) under the medical expenses which are reimbursed through their policies. 911 Support a constitutional amendment which will provide that monies in the State Emergency Telephone Number Account (SETNA), collected from a surcharge on all intrastate telephone service, may only be used for the purposes specified in the Emergency Telephone Users Surcharge Act, i.e., for the administration, installation, maintenance and enhancement of the 911 system. Support limited immunity for 911 dispatchers who provide advice to callers in medical emergencies prior to the arrival of field units. Dispatchers are a vital part of emergency rescue situations and should be provided the same protection from liability as firefighters and paramedics. Weapons Oppose legislation that would weaken the restrictions on persons who can legally carry weapons. The issuance and possession of a permit to carry a concealed weapon is and should continue to be a privilege that is granted to few persons and under circumstances where protection with a lethal weapon is justifiably necessary. The authority to issue a concealed weapon permit should stay at the local level where there is a greater likelihood that accountability for permit use and abuse will occur. Oppose state preemption of local government’s fight to enact or amend any firearms control. Military-style assault weapons serve no valid sporting purpose nor are they necessary for the protection of the home. These weapons should be dearly defined and identified as serving no recognized civilian purpose and ownership, possession and sale should be prohibited. (Federal issues) Bloekgrant funds for anti-crime programs should be provided with maximum flexibility at the local level in the use of those funds. Oppose the repeal of the Brady bill or the assault weapons ban law or the preemption of local ordinances to control such weapons. Support the development of a fiscally sound, risk-based insurance system to reduce costs to federal, state, and local governments for damages and losses resulting from natural disasters. REVENUE AND TAXATION Restructuring State and Local Government - Constitutional Revision Support constitutional revision to restore to cities, counties and school districts the authority to levy local special purpose taxes and approve general obligation bonds with a simple majority vote of the local electorate. Support constitutional revision to re-establish the property tax as a major revenue source for cities and counties, because these agencies provide property-related services. Any restructuring of state and local government should assign the responsibility for programs on the basis of how service can be provided most effectively. The assignment of program responsibility should ensure that the assigned level of government is accountable to the public for the performance of those activities. Services should be provided by the level of government that can effectively and efficiently provide those services and is closest to the people receiving the services. Oppose any proposal to redistribute local government revenues which does not take into account the service commitments made by cities based on their existing revenue allocation formulas, land use decisions, and local taxing authority. Revenue-raising Authority and Majority Rule Oppose measures which would further restrict the ability and flexibility of local government entities to raise funds to support programs and services desired by local residents. We favor the authority of locally-elected city council to increase revenues, and if a vote of the"electorate is required, that only a majority vote be required for approval. Oppose restrictions on the use of new sources of funding (i.e., maintenance of effort) and the imposition of mandated programs without State reimbursement funding for the mandate. Support funding or other measures which facilitate the rehabilitation 0flocal infrastructure. Provisions of Proposition 218 Support legislation to clarify and mitigate the impacts of Proposition 218: Def’me which fees and charges are subject to Proposition 218. Clarify which assessments are exempt, and to what extent. Establish election procedures for initiative measures affecting local taxes, assessments, fees. or charges, including limiting such elections to regular election dates, unless the governing body of the agency decides otherwise. Permit the use of mailed ballot for an election or majority protest as required by Proposition 218. Eliminate conflicting requirements of existing assessment procedures and the new procedures under Proposition 218 for levying assessments on real property. Corff’mn that property owners only need to approve an assessment one time and not be required to give annual approval. Provide for timely and speedy challenges to the validity of an assessment, i.e. shall be commenced no later than 30 days after the assessment is levied. Clarify that under Proposition 218, the initiative power does not extend to taxes, assessments or fees that have been levied to pay debt, which is a binding financial obligation. Taxation Support the return of revenues from the state to city governments, in order to compensate for property tax revenues which where diverted to other agencies in prior years to balance the state budget (ERAF). Support the current method of apportioning sales tax to local governments based on point of sale. Allocation on a different basis should only be from new types of sales tax (i.e., on services). Support legislation which will facilitate the collection of sales tax on out-of-state mail order and cable T.V. sales. (Federal issues) Current mandates. Encourage effective implementation of the Unfunded Mandate Reform Act of 1995, which is designed to control the number and magnitude of future unfunded mandates and to ensure greater Congressional accountability in this process. Programs must not be imposed on cities without also providing the resources. Encourage Congress to address existing unfunded mandates that affect current budgets and priorities of our citizens and taxpayers. Tax reform. Oppose tax reform proposals which would increase the cost of municipal public capital investment or preempt the deductibility ofstate and local taxes. Sales Tax. Support legislation which will facilitate the collection of sales tax on out-of-state mail order and cable sales. Social Security and Medicare. Oppose mandatory social security and Medicare coverage for state and local government employees. Oppose the extension of mandated Medicare for all state and local government employees who were hired prior to 1986. ’ 9 TELECOMMUNICATIONS Cities must be assured of their authority over public fights-of-way and their ability to charge fair and reasonable t~anchise fees and recover costs to mitigate damages to the infrastructure which are attributable to multiple installations. ’ Oppose the preemption by state or federal government of local zoning decisions over the placement, construction, modification and operation of antennae and cellular radio towers and transmitters. Oppose any legislation that limits the City’s fight or ability to develop telecommunications infrastructure and/or provide telecommunications services. Support development of favorable administrative guidelines for implementation of discounted telecommunications rates for schools and public libraries to extend access to the information highway and the Interact. .Oppose any limitation of the City’s ability to bundle telecommunications services with electric or other utilities services. Oppose any limitation of the City’s authority to control how and by whom its poles, conduits, and other utilities infrastructure are used. (Federal issues) Oppose FCC regulations for implementation of the Telecommunications Act of 1996 which would preempt local zoning authority. Any further telecommunications reform, restructuring and deregulation should preserve the City’s right to control local zoning, rights-of-way and taxing authority. Local franchise authority over cable companies should extend to telephone companies as they enter the field of video programming, including the City’s ability to charge a franchise fee and to negotiate for institutional network capabilities. Library services: Support telecommunications legislation and administrative regulations enabling demonstration of technological innovation at local government level which insures access to the information highway by all citizens. Support budget authorizations for the Library Services and Technology Act and NTIA. These acts support technology innovations for local governments, the former especially for public library regional projects. Support development of favorable administrative guidelines for implementation of 10 discounted telecommunications rates for schools and public libraries to extend access to the information highway and the Internet as mandated by the 1996 Telecommunications Act. TRANSPORTATION Funding for CalTrain Extension and Service Improvements. CalTrain is an existing proven system that provides an important and essential component of regional rail transit serving passenger travel needs to and from Palo Alto, as well as other locations along the Peninsula. As such, measures and resources to increase the frequency of service, complete the extension to downtown San Francisco, and electrify the system, are, and must remain, important high priorities, " locally and regionally. Metropolitan Transportation Commission. Support revisions to the governing structure and funding procedures of" the Metropolitan Transportation Commission (MTC) to incorporate representation and allocation formulas which more accurately refiect the populations of the San Francisco Bay Area. Roads and Highways Oppose ~the allowance of Longer Combination Vehicles (LCVs) on public roadways, i.e., do not allow longer tractor-trailer combinations. ¯Traffic Enforcement Support legislation to authorize local agencies to issuespeeding ticket citations and red light violation tickets by mailed notice when using photo-radar enforcement equipment and red light cameras, thereby correcting a deficiency in current law that allows violators to ignore unsigned mailed citations. Support legislation which will allow agencies who issue parking citations to contract with the vendor of their choice for citation processing services. Support strict enforcement of the proper use of HOV (commuter) lanes. Transportation Alternatives Support the provision of tax benefits to employers and employees who participate in ridesharing programs. Support measures which would facilitate the consolidation of transit providers in the Bay Area. 11 Support legislation to allow cities to use gas tax revenues to build bicycle routes, paths and ¯ facilities without the restriction that such projects be added only to existing streets and’ highways. (Federalissues) Support the reauthorization of the Intermodal Surface Transportation Efficiency Act (ISTEA) so long as it maintains programs and processes which 1) provide cities a meaningful role in transportation planning, 2) enable the funding of transportation projects that best meet locally determined goals and objectives and 3) emphasize the importance of mass transit. UTILITIES Confidentiality/Protection of Proprietary Utility & Utility Customer Information Support clear definition and legislation of privacy fights for publicly operated utilities and their customers. This issue, becoming increasingly important to resolve with the advent of utility industry restructuring and a competitive utility marketplace, is being reviewed and handled by the City Attorney. Public Records Act reforms and other governance issues currently being worked on tie in closely with this issue. Municipal Authority Support retaining and defending local control of decision making for local utilities. Local control ismore appropriate than allowing a central entity (e.g., the state or federal government) to plan or make decisions regarding utility issues and actions. Rate making and regulatory anthodty for utility services must reside with the Palo Alto City Council which is directly accountable to the City’s ratepayers/eitizen-owners. This authority includes the practice of providing utility transfers to the general fund as authorized by the City Charter in accord with a Council-adopted Rate making methodology for calculating the transfer. Oppose any intrusion by the California Public Utilities Commission into the management of municipal utilities as unacceptable and a violation of local control. Public Purpose Programs Support the implementation of public purpose programs in which municipal utilities .are able to determine the allocation of monies among the four’ prescribed areas of: Research and Development, Low Income Assistance, Cog-effective Demand-Side Management and Energy Efficiency,. and Renewable Energy Procurement. Eligible renewable energy resources should include hydroelectric facilities that must meet current and future environmental regulations. 12 Electric Utility - Industry Restructuring Support efforts to restructure the electric utility industry in order to improve the efficiency of the electric system for the benefit of all consumers, while respecting existing regulatory authority and contractual commitments made on behalf of those consumers. With respect to possible cleanup legislation, any electric restructuring program shodd maintain the concept of municipal utilities, and create a level playing field for municipal utilities with respect to other players in the marketplace. No restructuring proposal should abridge the existing authority of municipal utilities. Support legislation that provides liability protection for electric utilities that have constructed their facilities according to safe practices. Support efforts to encourage and facilitate customer choice, provide fair stranded cost recovery, promote effective competition and facilitate market participation. Central Valley Project Improvement Act - Support the goals of the Central Valley Project Improvement Act and its implementation in a manner that does not unfairly burden CVP power customers. Gas Utility Although no legislation is pending on retail competition or price and service unbtmdling in the natural gas industry, recent electric utility restructuring legislation may focus state and federal attention on this issue. Retail gas unbundling could be included in the electric restructuring legislation. Natural gas industry issues are typically handled through regulation and not legislation, but this tradition could change as a result of electric restructuring. Water Utility Revisions to Best Management Practices. City of Palo Alto is a signatory of the Memorandum of Understanding on Urban Water Conservation (MOU) which outlines efficient water use through voluntary implementation of Best Management Practices (BMPs). As a signatory, Palo Alto agrees to implement BMPs deemed feasible and is a member of the California Urban Water Conservation Council (CUWCC). In addition, as part of the CALFED process (a multi-party, multi- year process which is attempting to "fix the Delta"), the CUWCC is seeking to make the BMPs outlined in the MOU mandatory and/or are examining certain additional measures for inclusion in its BMP list. Support appropriate exemptions to implementation if the BMPs become mandated. Each utility should, be allowed to assess if its situation is different from that assumed by the CUWCC for economic viability. In addition, there~must be a recognition by the state that contractual disincentives 13 exist (from water suppliers) which would result in harm ifBMPs were mandated or if penalties were applied for noncompliance. The Utilities Department will implement Demand-Side Management programs and other BMPs which meet the needs of customers and the utility. These needs may or may not be represented by the BMPs identified and!or mandated at the state level. Competition Support efforts to develop a more open and competitive market for water. Water Transfers Support retaining the right for the Utilities Department and its water supplier, SFPUC, to purchase from, and to sell to, whomever is willing to negotiate a deal. Details on potential water wheeling also need to be watched as this legislation goes through the process. 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 cleanup, and fish and wildlife enhancements. (Federal issues) Electric Restructuring Oppose increased Federal Energy Regulatory Commission authority over public power systems. Support efforts to encourage and facilitate customer choice, provide fair stranded cost recovery, promote effective competition and facilitate market participation. Oppose any federal restructuring proposals which undermine the efforts that California has taken to implement customer choice. California utilities, including Palo Alto, have made significant investments to prepare for customer choice under AB 1890. AnY upcoming federal legislation should not derail present or past utilities’ efforts in this area. Oppose changes to federal power pricing policies from cost-based to current market rate. Sale of PMAs Oppose the transfer of control or ownership of the federal power marketing administrations (PMAs) to private entities. Another bill (HR296) concerning the sale of the federal power marketing administrations (PAS) was introduced 1/7/97 by Representative Shadegg. 14 Endangered Species Act Support the Endangered Species Act (ESA) and other efforts which promote the use of multi- species conservation planning rather than single species designation as under current law. Palo Alto supports this more comprehensive and rational approach which examines species survivability from a habitat perspective. The multi species approach would result in predictable and workable environmental planning for water supplies. Drinking Water Quality Standards Support water quality standards based upon known health risks as determined from scientific evaluation. 15