HomeMy WebLinkAboutStaff Report 7573
City of Palo Alto (ID # 7573)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/9/2017
City of Palo Alto Page 1
Summary Title: Legislative Program and Priorities
Title: Policy and Services Committee Recommends the City Council Adopt the
City's Legislative Program Manual and 2017 Legislative Priorities
From: City Manager
Lead Department: City Manager
Recommendation
Staff and the Policy & Services Committee recommend that the City Council adopt the
update to the Legislative Program Manual and the 2017 Legislative Priorities.
Background
Legislative Program Manual
The City has a longstanding legislative program to ensure (1) potentially impactful state
and federal legislation is identified and analyzed; (2) significant legislation is brought to
Council’s attention; and (3) the City’s public policy position is made known to state and
federal policymakers. This program is guided by the City’s Legislative Program Manual,
last approved by the City Council on February 23, 2015. On November 29th, 2016, the
Policy & Services committee unanimously approved staff’s suggestion to update the
manual. The new updates:
- Strengthen the language regarding the flow of internal communication to state
and federal officials
- Clarify the role of departments and the City Manager’s Office related to
legislation
2017 Legislative Priorities
A crucial component of the City’s Legislative Program is the Council-approved legislative
priorities. These priorities inform staff and the City’s lobbyists on issues that are (1)
important to the City; (2) items that, after consultation with our lobbyists, Council
believes are actionable in the legislative session; and (3) could impact City policy or
operations. This is a living document, one that upon Council request or approval can
change to most accurately reflect the current policy-related circumstances or needs of
the City. This document was last updated on June 22, 2015.
City of Palo Alto Page 2
On November 29th, 2016, the Policy & Services Committee amended then unanimously
approved the updated Legislative Priorities. The updates include:
- At the Committee’s direction, the addition of an Active Advocacy section,
containing policy areas for direct, proactive advocacy during the year. (This new
section draws a distinction between these priorities and “Important” priorities
below. Active Advocacy priorities may include specific new legislation the City
may seek to initiate through our legislators).
- At the Committee’s direction, the replacement of “Top 2017 legislative priorities”
language with “Important priorities”. (This change was made to recognize that
the City has important priorities, some of which may have little opportunity to be
advanced in any given year—Proposition 13 Reform, for example).
- A shift in timing from bi-annual to annual updating to align with the state
legislative session as well as the Utilities Department’s annual legislative priority
setting process.
Discussion
Staff and the Policy & Services Committee bring this item for approval today given the
timing of the state legislative session. On December 5th, 2016, the legislature began its
organizing session. On January 4th, 2017, the legislature will formally reconvene.
January 20, 2017 is the last day for the submission of bill requests, and all bills must be
introduced by February 17, 2017.
Attachments:
Attachment A: Legislative Program (DOC)
Attachment B: 2017 Legislative Priorities (DOC)
City of Palo Alto Legislative Program Manual
Table of Contents
Policy Statement p. 2
General Legislative Priorities p. 2
Annual Legislative Priorities p. 2
Internal Coordination of the Legislative Program p. 2
The Role of the City Council p. 3
The Role of the City Manager's Office p. 3
The Role of City Departments p. 4
Legislative Advocacy p. 5
Lobbying Methods p. 6
Guidelines for Letter Writing p. 8
Procedure for City Council Meetings with Other Elected Representatives p. 8
State Legislative Timeline p. 8
Policy Statement
The goals of the City of Palo Alto’s legislative program are to ensure (1) potentially
impactful state and federal legislation is identified and analyzed and (2) the City’s public
policy positions are made known to legislators. The City will implement the program in a
collaborative, transparent manner. When appropriate, the City will take the initiative to
seek introduction of new legislation beneficial to Palo Alto.
Legislative Program Manual
Page 2
General Legislative Priorities
1. Protect local revenue sources and prevent unfunded mandates.
Oppose Federal or State legislation, policies and budgets that have negative
impacts on services, revenues and costs and do not infringe upon Palo Alto’s
ability to draw on local revenue sources.
2. Protect and increase funding for local programs and services.
Support County, State and Federal funding for local services by maximizing
existing funding levels and seeking new and alternative funding. Promote
increases in fund allocation and distribution flexibility.
3. Protect and increase local government discretion over local programs, services, and
activities.
Annual Legislative Priorities
The Annual Legislative Priorities document provides additional direction to the City
Council, City staff, and the City’s state and federal legislative advocates on policy issues
outside of the General Legislative Priorities. The document is updated and approved
in the last quarter of each calendar year, after each state legislative session and prior to
the start of a new session. The timing allows staff the ability to communicate any new
priorities before the legislature convenes for its next session. Each annual update is
drafted after consideration of those City-related policy issues that are current and/or will
most likely appear in the following year.
Internal Coordination of the Legislative Program
1. Immediately after a department or the City Manager’s Office (CMO) learns of
governmental action potentially affecting the City, internal communication and
coordination to analyze the action begins. If warranted, a formal City position is
developed for recommendation to the City Council or City Manager. Departments are
urged to proactively identify legislation of importance to the City.
2. At this juncture, action can proceed in either of two ways:
a. If the Council has previously adopted a policy directly relevant to the legislation,
or the issue-area is identified either in this document or a relevant Legislative
Strategic Initiative, the City Manager's Office may proceed in a number of ways:
a. Preparing a position a letter for the Mayor's signature
i. See “Signatures on legislative communication” below for
exceptions
b. Directing the City’s lobbyists to engage with policymakers
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c. Collaborating with industry groups on joint policy efforts
d. Meeting/communicating with policymakers and their staff directly
e. Testifying at legislative hearings
b. If the Council policy, this document, or a relevant legislative priority does not
relate to a potentially impactful bill, if the issue is politically controversial or if
there is significant local interest in the issue, the proposed legislation is referred
to Council for direction. (See Legislative Advocacy)
The Role of the City Council
The City Council has ultimate responsibility for determining the City’s position on the
legislative issues specified in this document and the Legislative Strategic Initiatives.
The Council's specific responsibilities include:
Through an annual review process, establishing state and federal legislative
priorities
Meeting with the City's state and federal legislative advocates as needed or
desired
Determining positions on resolutions proposed for adoption by the League of
California Cities and the National League of Cities, as requested
Through the City Manager, suggesting areas for staff action concerning legislation
Assume an active advocacy role with legislators on behalf of the City. This may
include travel to Washington, DC and/or to Sacramento. Any such travel will be
consistent with current City travel policies.
The Role of the City Manager's Office
The City Manager's Office, through the City’s Legislative Manager is the central
coordinator of the City's legislative program. The responsibilities and activities of the
office include:
Ensuring the consistency of legislative policy throughout the City
Serving as a clearinghouse and record keeper for all legislation of interest and
related legislative activity occurring with the City
Coordinating contacts and communications with legislators and staff
With Department, evaluating proposed legislation that may affect the City
Legislative Program Manual
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Disseminating information on public policy items of interest to departments
within the City
Providing feedback to departments and/or Council on the progress and staff
actions, if any, of legislation of interest
Directing and overseeing the City’s lobbyists, including setting priorities for action
that are consistent with Council direction
Serving as the liaison to the League of California Cities, National League of Cities,
and other organizations and jurisdictions concerning legislative activities
Coordinating the annual review of legislative positions and preparing the City's
legislative platform
Coordinating, briefing and providing support to Council members for visits with
legislators and policy-related stakeholder meetings
The Role of City Departments
Active departmental participation is essential to the success of the Legislative Program.
Departmental employees are often the subject matter experts who can provide unique
insight into issues potentially impacting the City. Responsibilities of the departments
include, but are not limited to, the following:
Informing the City Legislative Manager of policy issues of importance to the City
Designating key contacts within the department or division who are responsible
for evaluating legislation and monitoring relevant legislative issues of direct
significance to the department
Establishing a system within the department for assuring that requests for
legislation evaluation are responded to promptly.
With the help of the Legislative Manager, drafting letters and providing analysis of
legislation
Establish mechanisms within the department for accessing direct information on
legislation
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.
Working with the City Manager's Office to develop recommendations for the
ensuing year's legislative platform and legislative priorities.
Legislative Program Manual
Page 5
Often, proposed legislation will have the potential for affecting more than one
department. Not always will the impact be the same. It is essential that any impact
differences be reconciled and a common citywide position determined. The Legislative
Manager will work with Departments to reconcile differences.
Any meetings or communication with non-local elected officials must be done in a
coordinated way to ensure consistency of messaging, accurate record keeping, sharing of
resources, and accurate information. Therefore, any department wishing to directly
engage with a state legislator or member of Congress shall first work with the CMO’s
office on such engagement.
Legislative Advocacy
The Council is the official voice of the City of Palo Alto and the final authority for
determining legislative positions. The process outlined below would likely be followed
only for controversial topics. Less controversial topics may go directly to Council. In many
instances, due to timing or the nature of the issue, the Mayor may sign a letter
supporting, opposing, or providing comments on legislation on behalf of the City without
the matter heard before Council. This position would need to be generally consistent
with the City's legislative guiding principles or the annually adopted priorities.
Process
1. A legislative issue is referred to and agendized for the Policy & Services Committee or
City Council
2. Staff generates an informational report for the Policy & Services Committee
summarizing the issue. This report will include an analysis of City policy as it relates to
the item, if applicable.
3. The Policy & Services Committee reviews, discusses, and votes on the legislative issue
4. If the vote is unanimous, the matter is forwarded to the Council as consent calendar
item. If the vote is not unanimous, it is forwarded to Council as an action item.
If a timeliness issue exists, the item may be referred directly to Council or to Council
without minutes, and a one page executive summary will be provided. If no timeliness
issue exists, the item will be referred with minutes in the usual manner.
Signatures on Legislative Communication
Letters and other communications expressing the City's position on legislation will
customarily bear the signature of the Mayor.
However, 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
Legislative Program Manual
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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 of the letters will be distributed in the Council agenda packet.
Lobbying by City Personnel
Any meetings or communication with non-local elected officials must be done in a
coordinated way to ensure consistency of messaging, accurate information and record
keeping, and sharing of resources. Therefore, any department wishing to directly engage
with a state legislator or member of Congress shall first work with the CMO’s office.
City Advisory Commissions and Committees
City employees who are staff or liaison to Council appointed advisory commissions and
committees should encourage those bodies to bring to Council’s attention any proposed
legislation for which they recommend a position
Lobbying Methods
Listed here are a number of ways 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 important. Departments should inform the
City Manager's Office of their interest and suggestions for lobbying bills they have
evaluated. Additionally, to ensure smooth coordination and avoid conflicting messages,
any employee wishing to engage in any lobbying method shall first communicate with the
Legislative Manager.
Letters
Letters may be drafted for:
The authors of proposed legislation.
The City's elected representatives in the State Legislature and Congress.
The Chair, members, and staff of legislative committees.
The Governor or President.
Before communicating a support or oppose position in writing, staff should understand
that any written position, and the letter itself, may become public and can be
immediately used publicly. All records of letters sent will be maintained by the City
Manager's Office. If staff intend to draft a letter for CMO approval , the guidelines noted
below are helpful.
Legislative Program Manual
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Telephone Calls
Phone calls are useful for communication with legislative staff regarding the
content and implications of bills and for suggesting amendments or language
clarifications. 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.
Meetings
It is the Council's practice to invite legislators representing Palo Alto to an
annual meeting to discuss all issues of importance to the City during that
legislative session.
Councilmembers are encouraged to attend the National League of Cities and
League of California Cities conferences and to create and maintain
relationships with state and federal officials.
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, a Councilmember, or a staff person with particular expertise in a subject
area are examples of appropriate speakers. Any City employee wishing to testify
shall communicate and coordinate with the Legislative Manager prior to
testimony.
Editorials
Staff members must have approval from the City Manager's Office before
submitting editorials to newspapers.
Coalitions
These alliances are not limited to governmental bodies, but extend to all
segments of the broader community that can similarly be affected by the
legislation (e.g. business, nonprofit organization, environmental groups, etc).
Legislative Program Manual
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Guidelines for Letter Writing
Concentrate on the letter content, rather than format. The CMO 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 electronically.
In the ‘regarding’ section, indicate the bill number and title that is the subject of the
letter.
A short concise letter is generally more effective than a lengthy one. If there are
many good arguments for supporting or opposing a bill, choose the best ones.
Provide specific examples of the impact of the legislation on Palo Alto (e.g. estimated
cost or savings, effect upon taxpayers and residents, relationship to the City's
policies, programs, charter, etc).
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, please
contact the Legislative Manager for information.
Procedure for City Council Meetings with Other Elected Representatives
Typically, the Council meets annually with its County, State, and Federal representatives.
These meetings are an important component of building legislative relationships and to
share issues of importance to Palo Alto. These meetings should be scheduled at the
appropriate times during the respective legislative calendars.
Staff will schedule these meetings at the direction of the City Manager in
coordination with the Council.
The City Manager will seek agenda items from the Mayor and Council.
Staff from the City Manager's Office will obtain agenda items from Departments and
staff in the representative’s office.
A meeting agenda and a potential list of topics will be published by City Clerk.
State Legislative Timeline
A State legislative calendar will be provided annually for planning purposes. Generally,
the legislature is in session from December to August. Bills must be introduced by
February of each year, and committees must pass bills in May.
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2017 Legislative Priorities
This Legislative Priorities document provides additional information to the City Council, City staff,
and the City’s state and federal legislative advocates on policy issues outside of the three General
Legislative Priorities contained in the Legislative Program Manual, noted below:
1. Protect local revenue sources and prevent unfunded mandates
2. Protect and increase funding for specific programs and services
3. Protect and increase local government discretion and oppose items that reduce the
authority and/or ability of local government to determine how best to effectively operate
local programs, services, and activities
The legislative priorities below reflect the City’s priorities coupled with current public policy issues
affecting local governments. As this document is updated annually, its priorities will change to
most accurately reflect the relevant policy issues facing the City.
Active Advocacy items
A. On a pilot basis, authorize Palo Alto and potentially the surrounding area as a place for
autonomous vehicle testing
B. Local public employee housing
C. Ability to implement a local carbon tax
D. At the State level, exempt tipped employees from minimum wage
Important Priorities
A. Proposition 13 reform, as it relates to ownership transfers of commercial properties
B. The long-term stability of CalPERS
C. Grant funding for public safety, affordable housing, recycled water and water reuse,
homelessness issues, local rail including grade separation, and infrastructure
D. Protecting the sales tax base and preventing reductions in the sales tax rate
E. Housing mandate reforms to the State Density Bonus law
F. Environmental initiatives promoting the use of renewable/low carbon energy with a priority
on non-Green House Gas (GHG) emitting energy sources
G. Support actions and programs that protect individual privacy
In addition to the above, the City places importance on the following:
Public Employment and Benefits
A. Worker’s compensation: Support reforming State laws to allow for reasonable claims while
eliminating abuse and associated costs; oppose action that would increase employer
medical costs, promote litigation, or expand coverage to non-work related injuries
B. Improve employee access to healthcare benefits, while reducing/controlling costs
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Public Employment and Benefits, Continued
C. Preserve local government’s ability to manage its own employment issues, including
employee hiring, evaluating, disciplining, and/or terminating, as well as negotiating
collective bargaining agreements with employees’ representatives
D. Support increased flexibility in offering employee health, welfare, and wellness services
Environmental
A. Support reasonable vehicle electrification initiatives
B. Support the private funding of a collection program for pharmaceutical waste
C. Support a statewide ban on polystyrene containers and packaging materials
D. Support the regional improvement of air quality
E. Support the development and implementation of efficient and sustainable land use and
building practices
F. Support programs and policies promoting advanced low emission vehicle technology and
alternative fuels
G. Reduce airplane noise and its impact on the City while continuing to use every means to get
the Federal Aviation Administration to address the City’s concerns
H. Advocate for San Francisquito Creek improvements via funding, regulatory relief, and
oversight reform
I. Support planning and policy development for potential long term water shortages
J. Oppose efforts to include residual risk provisions federal flood insurance legislation
K. Support federal efforts to provide grants and loan guarantees for water conservation and
storage
Financial
A. Support public policy initiatives that provide additional reimbursements to service
providers for the cost of paramedic services to Medicare and Medi-Cal patients at a rate
equal to the cost of service
B. Seek funding to improve the Palo Alto Airport
C. Support the continued deductibility of tax-exempt municipal bonds
D. Support federal efforts to allow the operational use of Public, Educational, and Government
(PEG) fees
E. Support state efforts to impose an escalating carbon tax on businesses to supplement
current Cap and Trade efforts
F. Support federal legislation allowing for state and local governments to fully capture sales
tax revenue on Internet purchases
Housing
A. Support increased funding for state and federal housing programs, as well as continuing
funding for the Community Development Block Grant (CDBG) program
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Local Control
A. Support the right of municipalities to provide internet, and internet-related, utility services
B. Oppose any action that preempts local authority or transfers jurisdiction over local
programs;
C. Reduce the approval requirement to below two-thirds of voters for capital projects.
D. Oppose action impacting local decision-making without receiving stakeholder input from
local government
Regulatory
A. Support regulations that are feasible and consistent with city priorities for preserving and
improving the city’s water quality
B. Encourage agencies to consult with local governments prior to passing regulations affecting
localities and regions
Technology
A. Support net neutrality and related policies
Transportation
A. Support policies promoting local rail and other local and regional transportation programs
and mobility services that reduce single occupancy vehicle trips
B. Proactively seek the ability of Cities to enforce a default speed limit for locally-controlled
streets and arterials within their jurisdiction