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HomeMy WebLinkAbout1996-05-14 City Council (7)TO: City of Palo Alto C ty Manager’s Repor HONORABLE CITY COUNCIL ATTENTION: FROM: Policy and Services Committee CITY MANAGER DEPARTMENT:City Manager AGENDA DATE: SUBJECT: May 14, 1996 CMR:264:96 ¯ Review of Council Legislative Positions REQUEST The Policy and Services Committee reviewed the City’s Legislative Action Program at its April 8, 1996 meeting and held the subject in committee for additional discussion at the time staff would return for a review of the Council’s legislative positions. This staff report responds to issues raised at the April 8 meeting and also presents the draf~ City of Palo Alto Legislative Platform. RECOMMENDATIONS It is recommended that the Council 1) approve the amended policies and procedures stated in the City of Palo Alto Legislative Action Program Handbook and 2) approve the Council legislative positions compiled as the City of Palo Alto Legislative Platform. POLICY, IMPLICATIONS Council approval of these two documents will affirm the foundations upon which the City will take action on proposed legislation. EXECUTIVE SUMMARY The Legislative Action Progam In the initial review of the Legislative Action Program Handbook, members of the Policy and Services Committee identified areas warranting clarification. Excerpts from the handbook appear in Attachment A, showing changes which respond to the Committee’s suggestions. Committee Members expressed interest in Council resuming a more active role in the regular evaluation of legislation and endorsed the proposal to annually review existing legislative positions and adopt a platform for legislative priorities for the coming year. Staff proposes that this review occur annually in December or January, perhaps in a study session format. CMR:264:96 Page 1 of 3 The review would occur after the Council has selected its budget priorities, after the annual meetings of the League of California Cities and the National League of Cities, before the State Legislature and Congress convene, and before the yearly meetings which the Council usually schedules with the City’s elected representatives in Congress and Sacramento. Committee Members also suggested that a three-member subcommittee of the Council might again be appointed to review legislation on a regular basis during the course of the year. Although the Council Legislative Committee that existed several years ago provided a means for thorough discussion of the issues surrounding proposed legislation, it required the assistance of a half-time legislative analyst. The budget for the City Manager’s Office does not contain the resources for this additional staffing. Legislative Positions Attachment B to this staff report is a compilation of positions which the Palo Alto City Council has endorsed over thepast several years. 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. The statements are grouped by general subject area, not necessarily synonymous with city departments. Staffhas endeavored to include all the issues which it expects will be the focus of legislative activity the balance of this year. Nevertheless, additional bills may come to the City’s attention which were not anticipated. Furthermore, in the coming months Council will be formulating policy on issues which may warrant being added to this list: e.g., rental housing, traffic enforcement, telecommunications, etc. FISCAL IMPACT As stated in the previous staff report (CMR:219:96), the effective functioning of the Legislative Action Program can alert the City and Council to issues of legislation which have the potential for a fiscal impact on the City. The program itself, as defined in the draft handbook, does not constitute a Change in City practices and therefore will not have a direct fiscal impact. However, if a Council subcommittee were to be appointed to regularly review legislation, the costs associated with a part-time legislative analyst would be incurred. ENVIRONMENTAL ASSESSMENT This does not constitute a project according to the California Environmental Quality Act and therefore no environmental assessment is required. ATTACHMENTS A. Excerpted revisions to the Legislative Action Program Handbook B. Draft City of Palo Alto Legislative Platform CMR:264:96 Page 2 of 3 PREPARED BY: Vicci Rudin, Assistant to the City Manager CITY MANAGER APPROVAL~ Asgistant C~ Manager CMR:264:96 Page 3 of 3 ATTACHMENT A The following pages which are excerpted from the Legislative Action Program Handbook show changes in ~2~fikeeu{ and italics in response to suggestions made at the April 8, 1996 Policy and Services meeting. 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 relevant to the City’s needs and interests. The Council generally takes positions only on issues that are of dir-eet relevance to the City of Palo Alto. The Council’s specific responsibilities include: ¯Conduct an annual review and update of legislative positions. Establish legislative priorities, taking into account the Council priorities adopted in conjunction with the budget process. 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 ¯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. °Coalitions with other jurisdictions, agencies, and organizations. These alliances are not limited to govemmental bodies, but extend to all segments of the broader community that can similarly be affected by the legislation, e.g., businesses, nonprofit organizations, environmental groups, etc. ¯Registered lobbyists are retained when their specific skills and expertise are required. 10 ATTACHMENT B CITY OF PALO ALTO LEGISLATIVE PLATFORM Approved by City Council (month and day, 1996) The following statements represent a compilation of positions which the Palo Alto City Council has endorsed over the past several years. 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. 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 for which 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. "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 envirovmaent. Housing Oppose actions by state which 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, infrastructure, 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. Local zoning authority Oppose any efforts to limit local authority over land use and zoning decisions unless done in the context of regional planning efforts. 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 oppommity 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 housing to 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 childcare. 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 Support legislation which will provide viable funding mechanisms for all public libraries. At present there are serious inequities in public library service throughout the state, which results in disproportionately heavy demands placed on those which are well-funded. It is in the interest of the entire state to have a comprehensive, viable library system. (Federal issues) Support reappropriation 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. Oppose expansion of state restrictions on local police departments’ ability to investigate allegations of police misconduct. (Federal issues) Oppose the mandatory extension of Medicare coverage to all state and 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. Support legislation which will enhance Section 457 deferred compensation plans. Among these is allowing the annual $7,500 maximum contribution to be indexed to the Consumer Price Index. Another provision would allow public employers to establish a "trust" so that contributions to 457 plans may be used for the exclusive purpose of providing benefits for plan participants, whereas currently the contributions could be subject to claims of creditors. 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 California Endangered Species Act Oppose efforts to restrict the ability to add species to the endangered species list and, in general, oppose efforts to require compensation for diminution in value of land as a result of the imposition of CESA requirements. 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 allow local public outreach programs to advocate pollution prevention and alternatives to polluting chemical products and practices. Support regional 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. Recycling Support measures which promote market development for recyclable 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. (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 reaffirming existing authority and practices. Without such authority, local governments 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 (flrefighters 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 right 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 clearly defined and identified as serving no recognized civilian purpose and ownership, possession and sale should be prohibited. (Federal issues) Block grant 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 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 The authority of a locally-elected city council to increase revenues to meet the needs of its community should be maintained. Legislation or initiatives which would add the requirement for a majority vote or a 2/3 vote to impose or raise taxes are opposed. In particular, we maintain that the Proposition 62 requirement for a 2/3 vote on special taxes and a majority vote for general taxes does not apply to charter cities. The authority of local electorates to enact taxes should not be inhibited by a 1/3 minority of voters. Therefore, in cases where a vote of the electorate is required, we support reducing the vote requirement for approval of local general obligation bonds and other local tax issues, from 2/3 of those voting, to a simple majority. Support legislation that provides that state-mandated local programs would be inoperative unless fully funded by the state. Oppose any efforts to include maintenance of effort provisions as part of new or increased revenue authority. Oppose legislation that restricts local government’s ability to enact assessments under the provisions of the Landscaping and Lighting Act of 1972. Oppose any measure that restricts or limits a public entity’s ability to use tax exempt debt for the purchase or construction of public purpose improvements. Oppose the "Right to Vote on Taxes Act" initiative, currently being circulated for the November 1996 ballot. This Act would further restrict the city’s authority to obtain funding by a) requiring majority vote approval for general taxes and a 2/3 vote for new, extended or increased special taxes, and b) adding restrictions on the use of special assessments, including a requirement for voter approval in certain instances. This Act would apply to both charter and general law cities. Taxation Support the remm of revenues from the state to city governments, in order to compensate for property tax revenue which was taken from cities in prior years to balance the state budget. Support the "Bradley-Bums Bill of Rights" which would provide clear administrative procedures to resolve policy and factt~ disputes between the State Board of Equalization (SBE) and local agencies. The contract with the SBE for administration of local sales taxes should include an appeals process to facilitate resolution of disputes and other issues, a requirement to notify local jurisdictions 45 days in advance of any regulatory action, a right of the local agency or its representatives to examine the sales tax records, and a hearing process for members of the elected Board to review a staff determination. Oppose legislation which would exempt any category of user from imposition of the utility users tax or would limit the rate which could be charged by the local agency. Support the repeal of special interest exemptions for the imposition of sales tax. Oppose legislation that would allow the state to impose a transient occupancy tax, a tax that has traditionally been a local tax. (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 of state 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 bared prior to 1986. TELECOMMUNICATIONS Cities must be assured of their authority over public rights-of-way and their ability to charge fair and reasonable franchise 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 right or ability to develop telecommunications infrastructure and!or provide telecommunications services. Support legislation which will improve telecommunications infrastructure in libraries and thereby increase public access. (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. Support the Library Services and Technology Act which will provide fmancial support for telecommunications and networking projects which use libraries as access points for the public to the information highway. Support provisions which enable equity of access for disenfranchised populations. 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 reflect 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 issue speeding 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. 10 Support measures which would facilitate the consolidation of transit providers in the Bay Area. 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. (Federal issues) 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 Electric 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. Any electric industry restructuring program should maintain the concept of municipal utilities. No restructuring proposal should abridge the existing authority of municipal utilities. Municipal Authority Support retaining and defending local control of decision making for local utilities. Local control is more appropriate than allowing a central entity (e.g., the state or federal government) to plan or make decisions regarding utility issues and actions. The intrusion by the California Public Utilities Commission into the management of municipal utilities is unacceptable and a violation of local control. Support legislation that provides liability protection for electric utilities that have constructed their facilities according to safe practices. To furnish utility services to its citizen-owners, ratemaking and regulatory authority must reside with the Palo Alto City Council, which is directly accountable to the City’s ratepayers. 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 ratemaking methodology for calculating the transfer. 11 Renewables Credits Support the use of renewable energy through an equitable system of tradeable renewable energy credits. Eligible renewable resources should include hydroelectric facilities that must meet current and furore environmental regulations. Water Quality Standards Palo Alto endeavors to deliver high quality, healthful water to all its customers. Water quality standards should be conceived and developed based on known health risks as determined from scientific evaluation. Water Transfer and Marketing The City Council supports expanding water marketing in the State of California. Encouraging a more open market will result in the creation of value in the state by allowing voluntary redistribution of water from those who value it less to those who value it more, without the construction of capital intensive and environmentally undesirable new facilities. 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. (Federal issues) Oppose the transfer of control or ownership of the federal power marketing administrations (PMAs) to private entities. Oppose proposal to redefine federal power pricing policies from cost-based to current market rate. Support the goals of the Central Valley Project Improvement Act and its implementation in a manner that does not unfairly burden CVP power customers. 12