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HomeMy WebLinkAbout1996-04-08 City Council (16)City of Palo Alto Manager’s Report 1 TO:HONORABLE CITY COUNCIL ATTENTION:Policy and Services Committee FROM: AGENDA DATE: CITY MANAGER April 8, 1996 DEPARTMENT: City Manager CMR:219:96 " SUBJECT:Legislative Action Program REQUEST The City Manager’s Office has responsibility for coordinating the City’s activities con- ceming proposed state and federal legislation which could affect the City. It is requested that the Council refer this staff report to the Policy and Services Committee in order that the Committee may review the policies underlying the Legislative Action Program and provide comments and suggestions regarding the program. RECOMMENDATIONS It is recommended that the Council approve the policies and procedures as stated in the City of Palo Alto Legislative Action Program Handbook. POLICY IMPLICATIONS The policies and procedures set forth in the Legislative Action Program Handbook which is attached to this staff report do not represent a change from the manner in which the program currently functions. However, it has been several years since the inception of the program and it is appropriate that the Council review it and express continued support or provide direction for improvement. EXECUTIVE SUMMARY The Legislative Action Program was initiated in 1983 at the direction of the Council. The City Manager’s Office assumed responsibility for assuring that the City kept a watchful eye on state and federal legislation which had the potential for affecting Palo Alto. The major effort in identifying, analyzing and tracking legislation took place in the Manager’s Office with some assistance in evaluation provided by the departments affected by the bills. Resources devoted to this program for several years included a half-time intern position in the Manager’s Office. Also, during the first several years, the Mayor designated a Council CMR:219:96 Page 1 of 3 Legislative Committee which consisted of three Council Members who met regularly with staffto review legislation and recommend Council positions. In recent years, the resources have not been available to continue the intern position. Mayoral appointments to the Council Legislative Committee ceased, as well. In order to maintain the operation of the program, departments were asked to assume more responsibility for identifying legislation with the potential for significantly affecting the City. The ability to access up-to-date legislative information (bill text, analyses, hearing calendars, etc.) via computer networks and the Internet has increased the feasibility of departments doing, their own bill tracking. The City’s effectiveness in advancing its position on legislation has been enhanced by working cooperatively with other cities: the Santa Clara County Cities Association and various transportation agencies and utilities associations are key examples. Council Member and staff participation on several League of California Cities policy committees has also provided opportunities to influence legislation. The Council is the official voice of the City of Palo Alto and Council visibility on legislative issues is important. Council Member contact with elected officials at the county, state and federal levels increases the likelihood that the City’s perspective on legislation will be heard and acknowledged. Legislative Positions. The Legislative Action Program can function most efficiently if there is a clear understanding of the Council’s positions on pending legislation. Over the years, positions which the Council has taken have been compiled and used as a basis for recommending action on subsequent related legislation. Periodically, it is desirable to review and confirm those positions. Staff proposes to bring those existing positions to the Policy and Services Committee at its meeting scheduled for April 23. The committee will also be asked to review and recommend approval of proposed positions related to major legislative issues anticipated this year in the State Legislature and Congress. FISCAL IMPACT The effective functioning of this program can alert the City and Council to issues of legislation which have the potential for impacting the City. Timely warning of prospective legislation can enable the City to advocate a position that will bring the least harm or the greatest benefit to the City. ENVIRONMENTAL ASSESSMENT This does not constitute a project according to the California Environmental Quality Act and therefore no environmental assessment is required. CMR:219:96 Page 2 of 3 ATTACHMENTS City of Palo Alto Legislative Action Program Handbook PREPARED BY: Vicci Rudin, Assistant to the City Manager Assistant Cit’CT~Ianager C1V[R:219:96 Page 3 of 3 LATIVE ACTION PROGRAM HANDBOOK LEGISLATIVE ACTION PROGRAM POLICY STATEMENT The objective of the City of Palo Alto legislative action program is to keep the City Council and City staff fully advised of proposed legislation with a potential impact upon the City. It is the City’s general policy to take timely and effective action in support of or opposition to proposed legislation affecting Palo Alto at the County, State, and Federal levels. In addition, the City, where appropriate, will take the initiative to seek introduction of new legislation beneficial to Palo Alto and other local government entities. Rev. April 1996 Office of the City Manager City of Palo Alto 4151329-2512 TABLE OF CONTENTS Internal Coordination of the Legislative Action Program The Role of the City Manager’s Office The Role of Departments The Role of the Council Guidelines for Evaluating Legislation Legislative Advocacy (Lobbying) Policy Lobbying Activities Guidelines for Letterwriting Figures Diagram of Basic Steps in the City’s Legislative Action Program Sample Bill How a Bill Becomes Law in the California State Legislature 2 3 5 8 9 11 ii 7 13 Basic Steps in the City’s Legislative Action Program Internal Coordination of the Legislative , Action Program The basic steps in the City’s legislative action program are illustrated in the accompanying diagram. Legislation is brought to the City’s attention by any of several means: the League of California Cities, the National League of Cities, Council Members, City staff, citizens, professional or governmental newsletters, legislators, the legislative tracking service, etc. The City Manager’s Office reviews the proposed legislation (the bill text) and, if warranted, requests assistance from one or more departments. Departments are urged to take the initiative to identify legislation of importance- to the City and not wait for the Manager’s Office to ask for their involvement. The department evaluates the bill for its impact upon Palo Alto," recommends a position and potential action, and drafts a statement or letter for use by the Manager’s Office, as appropriate. 4.At this juncture, action can proceed in either of two ways: if the City Council has previously adopted a policy directly relevant to the legislation, the Manager’s Office proceeds to prepare a letter for the Mayor’s signature. bo if Council policy relative to the issue of the legislation does not exist, or if the issue is politically controversial, or if there is significant local interest in the issue, the proposed legislation is referred to the Council. The City Council will consider the information provided in a staff report, determine its position on the legislation and provide direction to staff. o The Manager’s Office coordinates the lobbying activities according to Council direction. The Role of the City Manager’s Office The Manager’s Office is the central coordinator of the City’s legislative program. The responsibilities and activities of the office include the following: ¯Ensure the consistency of legislative policy throughout the City. Serve as a clearinghouse and recordkeeper for all legislative activity occurring within the City. o Coordinate contacts and communications with legislators. ¯Coordinate the evaluation of proposed legislation which may affect the City. Disseminate information on legislation of interest to departments and divisions within the City. Encourage suggestions from other departments concerning subjects for legislative action. ¯Provide feedback to departments on progress of legislation of interest to them. °Keep Council informed on the status of the City’s legislative action program. Recommend priorities for legislative action, in order to avoid diminishing the effectiveness of the City’s lobbying activities. Plan, coordinate, and facilitate lobbying activities by Council Members and City staff. Maintain legislative files (bill texts, correspondence, records of lobbying activity, background information, Council policies). Operate legislative tracking systems, enabling computer access to the actions of the State Legislature and Congress. Serve as liaison to the League of California Cities, National League of Cities, and other organizations and jurisdictions concerning legislative activities. 2 The Role of Departments The participation of the various departments within the City is essential to the success of the Legislative Action Program. The program requires departments to take responsibility for identifying, evaluating and monitoring legislation which relates to their functional areas. The Manager’s Office does not have the staff time to do this without the active help of the departments; the program must be cooperative and interactive. Effective lobbying and testimony depends on factual data concerning the impacts and implications of proposed legislation upon the City’s operations, services, and finances. The responsibilities of the departments include the following: ¯Inform the Manager’s Office of legislative issues of importance to the City. Designate a key contact within the department or division who will be responsible for coordinating the evaluation of legislation and monitoring those legislative issues of direct significance to the department. Establish a system within the department for assuring that requests for evaluation are responded to promptly. Draft letters and provide analysis of legislation as required by Manager’s Office. Maintain a legislative file within the department to assure consistency of policy recommendations. Establish mechanisms within the department for accessing direct information on legislation, e.g., computer networks, newsletters, etc. Network with other cities, agencies, professional organizations, etc. to gain background information and broader perspective on legislative issues. Suggest organizations, individuals, publications, and other legislators who may be allies in lobbying the City’s position on certain legislation. Become acquainted with the League of California Cities staff person with responsibility for issues related to the department. Take advantage of opportunities to establish rapport with legislators and their staffs. Identify and provide general information that might be of use to legislators-in better understanding issues affecting the City. Understand and adhere to the City’s Legislative Advocacy Policy (see page 8). Consult the Manager’s Office if there are questions. 3 The Role of the Council The City Council has ultimate responsibility for determining the position the City shall take on legislative issues. Council positions applicable to legislation accumulate over the years and require periodic reevaluation to assure they are still i-elevant to the City’s needs and interests. The Council generally takes positions only on issues that are of direct relevance to the City of Palo Alto. The Council’s specific responsibilities include: ¯Establish legislative priorities. Consider legislative issues brought to its attention by staff, citizens, organizations and others and determine what, if any, position the City should take. Determine Council positions on resolutions proposed for adoption by the League of California Cities (LCC) and National League of Cities (NLC) at annual conferences.* °Suggest areas for staff action concerning legislation. °Assume an active advocacy role with legislators on behalf of the City. *The Council adopted guidelines regarding the process for taking positions on LCC and NLC resolutions, April 18, 1988. 4 Guidelines for Evaluating Legislation Several resources are available to departments which can enable them to identify proposed legislation and track its progress. The weekly League of California Cities Legislative Bulletin is promptly copied by the Manager’s Office and distributed to every department head. The Nation’s Cities Weekly, an NLC publication which contains information on Congressional legislation, is mailed direct to all department heads. Departments that subscribe to Statenet, the LCC-sponsored computer network, have access on-line to the LCC Legislative Bulletin, LCC Legislative Alerts, the latest bill text of all proposed state legislation, legislative committee analyses, status reports and hearing schedules. Similar information on state and Congressional legislation is available to departments via the Internet. The Internet is the most direct means for obtaining the text and analyses of federal legislation. State Legislatio,D The majority of bills reviewed, evaluated and tracked are proposed State legislation. The examples used in this handbook relate to the State Legislature; however, the process is similar for Congressional legislation. The bill text An annotated version of a State bill appears on page .7. Bills often are amended several times in the course traveled between introduction and final approval. Analyses and letters expressing the City’s position should always be based on the latest version of the bill. When reviewing the bill text, do not rely solely on the Legislative Counsel’s Digest; read the entire bill. The bill will contain the new or amended language proposed for the California Code. If the department wishes to compare the proposed language with the actual language of existing law, and does not have the relevant code (Government Code, Vehicle Code, Election Code, Revenue and Taxation Code, etc.) in the department, contact the City Attorney’s Office for access to its library. If the bill is later amended, language which is deleted will be lined out and new proposed language will be shown in italics. Timing Proper timing is vital in the legislative process. The City’s views on a bill are of value ~ if they reach a legislator or committee before they vote on a bill. Departments must provide the Manager’s Office with information on bills of importance to the City as soon as they are aware of them. 5 A Citywide perspective Often, proposed legislation will have the potential for affecting more than one department. Not always will the impact be the same. VVhile the proposal may be beneficial from the perspective of one department, it may have negative impacts for another department. It is essential that these differences be reconciled and a common Citywide position is determined. Stating the City’s position Departments should be aware of policies and programs contained in the City of Palo Alto Comprehensive Plan which relate to their areas of responsibility. The Manager’s Office can verify if the League of California Cities or National League of Cities has taken a position on a bill. The most effective arguments the City can use in lobbying a bill are those which contain hard data about the effects on the City’s operations and services. If the bill is "significant," it is well worth the time spent to assemble the examples and cost figures. The best criticism is that which contains suggestions for improvement. If there is little likelihood of defeating a bill the City opposes, indicate what could be changed to make it more palatable. Legislators and their staffs are more receptive to communications which offer concrete ideas. If the department recommendation is to support, oppose, or amend the bill, it is important to draft the ~ of a letter which the Manager’s Office can use in writing to the legislators. The Manager’s Office will put the letter in final form and send it to the appropriate committees, legislators, etc. A copy of the finalized letter will be routed to the evaluating department for its records. 6 A SAMPLE BILL AMENDED IN ASSEMBLY JUNE 6, 1983 _..__ AMENDED IN SENATE APRIL I1, 1983 SENATE BILL No. 971 Introduced by Senator Mark Johnsworth March 3, 19&3 Date bill last amended. Bill Number. Principal Author. If there are co-authors, their names would follow in alphabetical order. Date bill introduced. .~n act to add Section 58889.1 to fl-,e Food and Agrict.dtura!"-"~ Code, relating to agriculru_ral marketing. Lr.CtSLz-rrvr coL.~_~__~ mC~ST SB 971, as ~ended, Johnswo~. C~o~a M~ke~g Act of 19S7. ~g Nw ~~ m~ke~g orders, ~sued ~der ~e~ ~o~a M~ke~g Act of 19a7, to con~ pro~io~ for ~e ~b~ent of prescN~d p~ for rese~ch, adver~g, ~d ~es promoNon of v~o~ a~c~ cosines. Wi~ ~~ ex~p~o~, p~ to promote ~e ~e of a ~~W ~y not ~e reference to ~y p~vate br~d or ~ade ~e ~ by a ~er of ~e co~o~W. ~ b~ woMd ~t a ~, hum, or vegetables ~ke~g order ~es promotion p~ to cont~ pro~iom to " ~ocate ~ ~ ~ ~ to promote ~ p~vate ~/ br~ or ~ade ~ n~es. Vote: ~jo~W. ~pprop~Non: no. F~cN co--tree: yes. The people of t_he State o£ CMifomia do enact as follows: SECTION 1. Section 58g~.i is added to the Food Agricultural Code, to read: 58889.1. Notwithstanding Section 58889, any.----- marketing order for processed fruits, nuts, or vegetables may contain in its adverting and sales promotion plan Indicates which code section the bill is amending. Title of the bill. Legislative Counsel summary of the bill. Strikeout indicates amendments. Italicized wording indicates new portions of bill. Simple majority vote bill, must be heard in Fiscal committee. Enactment clause. Actual language that will be codified. 7 Legislative Advocacy (Lobbying) Policy The Council is the official voice of the City of Palo Alto. The final authority for determining the position which shall be taken by the City on proposed legislation rests with the Council. Signatures on communications regarding legislation. Letters and other communications expressing the City’s position on legislation will customarily bear the signature of the Mayor. This is particularly the case when the legislation relates to areas of Comprehensive Plan policies and programs, other Council adopted policies, issues of Council interest, and fiscal matters. If the legislation’s principal impact is on the City’s operating procedures, the communication may be signed by the City Manager. In these instances, it may increase the effectiveness of the communication to have it co-signed by the head of the department most directly affected. In order to keep the Council and others informed of all City communications on legislation, copies are distributed in the Council agenda packet. Independent lobbying by City personnel. City personnel are not to lobby in the name of the City of Palo Alto unless the activity has been approved by the department head and the City Manager has been informed in advance of the activity. If a department head or other City employee is in a position to lobby independently (e.g., holds a visible position in a professional organization or association), the department head or employee should advise the City Manager in advance if he/she is lobbying a bill for which the City has taken no position, but which may relate to City interest. City advisory commissions and committees. City employees who are staff or liaison to Council-appointed advisory commissions and committees should encourage the bodies to bring to the attention of the Council proposed legislation upon which they recommend the Council take a position. The Palo Alto Municipal Code [Section 2.22.060(f)] authorizes the Human Relations Commission to adopt independent positions on legislation, provided the City Council has not taken an official position with respect to the legislation. All legislative letters sent by the HRC and its task forces shall be copied for the City Council. 8 Lobbying Activities Listed here are a number of ways used by the City of Palo Alto to inform and persuade legislators and others of the City’s position on proposed legislation. Departmental participation in the planning and implementation of many of these activities is desirable and important. Departments should let the City Manager’s Office know of their interest and suggestions for lobbying bills th.ey have evaluated. ¯Letters to the authors of proposed legislation; the City’s elected representatives in the State Legislature and Congress; -the chair and members of legislative committees; -the Governor or President. If the letter is being sent within three working days of the scheduled committee hearing or floor vote, the letter will be faxed. If a fax number is unavailable, an alternative means of delivery such as express mail or a mailgram is used. ¯Telephone calls Phone calls are useful for discussing with staff the legislative content and implications of a bill and for suggesting amendments or language clarification. However, many committees’ rules prevent them from counting phone calls as a legitimate expression of a City’s position on a bill. Pro and con positions are recorded only if they are received in writing. o Meetings with Palo Alto’s elected representatives either in the district or in Sacramento and Washington. It is also the Council’s practice to invite the legislators representing Palo Alto to an annual meeting to discuss all issues of importance to the City during that legislative session. 9 ¯Resolutions The Council is sometimes asked to adopt a resolution expressing its position on a bill. Resolutions are frequently sought by organizations as an indication of widespread support for a position, but they are less effective than letters when communicating directly with a legislator. Testimony Testifying in person at a legislative committee hearing provides an opportunity to present the City’s position and respond to questions. The City Manager, the Mayor or a Council Member, or the staff person with particular expertise in the subject assumes this responsibility. °Editorial support from newspapers serving the Palo Alto community. ¯Press conferences It is important that these are called by the Mayor and Council Members and are staged in a location relevant to the issues being lobbied. I°Coalitions with other jurisdictions, agencies, and organizations. °Registered lobbyists are retained when their specific skills and expertise are required. 10 Guidelines for Letterwritincj Concentrate on the letter conte.gt, rather than format. The Manager’s Office will produce the final letter, addressing it to the proper legislators or committees and securing the appropriate signature. The process can be expedited if the originating department provides the draft of the letter on a floppy disk. ¯At the very start of the letter, indicate the bill number or title that is the subject of the letter. A short concise letter is generally more effective than a lengthy treatise. (Several short letters will carry more weight than one long letter; if there are many good arguments for supporting or opposing a bill, provide them all to the Manager’s Office but in a form where they can be selectively used in several communications.) Provide specific examples of the impact of the legislation upon Palo Alto, e.g., estimated cost or savings, effect upon taxpayers and residents, relationship to the City’s policies, programs, priorities, charter, etc. °Think of examples that may be particularly newsworthy. Relate, when feasible, to the effect the proposed legislation may have upon the legislator’s constituents. If advice is needed on what aspects of the legislation can most successfully be lobbied, or what kind of information is most needed by the legislators, it is useful to talk to the staff of the League of California Cities, of the Legislature’s Committees, or of the individual legislators. The Manager’s Office can provide contact names and phone numbers. Although letters are generally finalized by the Manager’s Office, there can be exceptional circumstances when a department prepares a final letter. In such cases, departments must be sure to observe protocol and use the proper forms of address. Examples are as follows: (State) The Honorable Member, State Assembly #### State Capitol Sacramento, CA 95814 Dear Assembly Member 11 The Honorable Chair, Senate #### State Capitol Sacramento, CA 95814 Committee Dear Senator The Honorable Pete Wilson Governor, State of California State Capitol Sacramento, CA 95814 Dear Governor (Federal) The Honorable Member, U. S. House of Representatives #### Rayburn House Office Building Washington, D.C. 20515 Dear Congressman/Congresswoman or Dear Representative The Honorable Member, U. S. Senate #### Senate Office Building Washington, D.C. 20510 Dear Senator The Honorable William J. Clinton President The White House Washington, D.C. 20006 Dear Mr. President: 12 Sources of bills: legislators, legisla- tive committees, governor, state and local governmental ager~cies, busi- ness firms, lobbyists, citizens. DRAFTING Formal copy of bill and "layman’s digest" prepared by Legislative Counsel. 1 NTRO DUCTION Bill submitted by senator or As- sembly member. Numbered and read first time. Referred to policy committee by Assembly or Senate Rules Committee. Printed. CO/vk/VqTTE E Testimony taken from author, proponents and oppo- nents.Typical actions: Do pass; amend and do pass; no action; hold in committee (kill); amend and re-refer to same committee; refer to another committee; send to interim study. Committee actions are reported to the floor. Bills with any fiscal implications, if approved by policy committee, are re-referred to Appropria- tions Committee. SECOND READING Bills given do-pass recommen- dations are read the second time on the floor and placed On the daily file (agenda) for debate on a subsequent day. FLOOR DEBATE ANDVOTE Bills are read the third time and debated. A roll-call vote follows. For ordinary bills, 21 votes are needed in the Senate and 41 in the Assembly. For urgency bills and most appropriations measures, 27 and 54 votes are required. If these numbers are not reached, the bill is defeated. Any member may seek reconsid- eration and a second vote. If passed or passed with amendments, the bill is sent to the second house. READING Bil! is read the first time and referred to committee by the Assembly or Senate Rules Committee. Procedures and possible actions are nearly identical to those in the first house. SECOND READING If cleared by committee, the bill is read a second time and placed on the daily file (agenda) for debate and vote. FLOOR DEBATE ANDVOTE The procedure is identical to the first house. If a bill is passed without having been amended in the second house, it is sent to the governor’s desk. (Resolutions are sent to the secretary of state’s office.) If amended in the second house and passed, the measure rot.urns to the house of origin for consideration of amendments. CONCURRENCE The house of origin decides whether to accept the second-house amendments. If the amendments are approved, the bill ~s sent to the governor. If the amend- ments are rejected, the bill is placed in the hands of a two-house conference committee composed of three senators and three Assembly members. CONFERENCE If the conferees fail to agree, the bill dies. If the conferees present a recommenda- tion for compromise (conference report), both houses vote on the report. If the report is adopted by both, the bill goes to th~ governor. If either house rejects the report, a second (and even a third) con- lerence committee may be formed. SIGN OR VETO? Within 12 days after receiving a bill, the governor may sign it into law, allow it to become law without his signature or veto it, Bill is sent to Secretary of State’s office and given a chapter number. Avetoed bill returns to the house of origin for possible vote on overriding the veto, It requires a thirds major!hi of both houses to override. Urgency mea- sures may become effective immediately after signing. Others usually take effect the following January 1st. ight 1995 Information for Public Affairs, Inc,1 3