Loading...
HomeMy WebLinkAboutStaff Report 13904 City of Palo Alto (ID # 13904) City Council Staff Report Meeting Date: 2/7/2022 Report Type: Consent Calendar City of Palo Alto Page 1 Title: Policy and Services Committee Recommendation that City Council Approve the 2022 Legislative Guidelines; Utilities Advisory Commission Recommendation that City Council Approve the 2022 Utilities Legislative Guidelines From: City Manager Lead Department: City Manager Recommendation Policy & Services Committee and staff recommend that the City Council: 1. Approve the City’s 2022 Legislative Guidelines as recommended by the Policy and Services Committee on December 14, 2021, and 2. Approve the 2022 Utilities Legislative Policy Guidelines as recommended by the Utilities Advisory Committee on November 3, 2021. Background On December 14, 2021, the Policy and Services Committee received a presentation from staff and the City’s State and Federal legislative advocates regarding previous and upcoming potential legislation and programs. Additionally, the Policy and Services Committee discussed the draft Citywide Federal and State Legislative Guidelines. The guidelines, as recommended with an amendment by the Committee are included in Attachment A. The redlined version to show the differences between the 2022 and 2021 guidelines can be found within the staff report that went to Policy and Services Committee (CMR 13850). The recommended guidelines closely mirror previous guidelines and include recent referrals to the Policy and Services Committee including police reform and transparency. The Guidelines work in conjunction with the City Council-approved Advocacy Process Manual and the City Council action to do “Strategic Weighing in on Issues of Interest” (June 22, 2021 CMR 12344; Minutes). The Policy and Services Committee recommended City Council approve these Legislative Guidelines with a 3-0 vote. On November 3, 2021, the Utilities Advisory Commission (UAC) discussed and recommended City Council approve the 2022 Utilities Legislative Guidelines, found in Attachment B. Discussion The City has a long-standing legislative program to ensure that potentially impactful State and City of Palo Alto Page 2 Federal legislation is identified and analyzed by staff, that (as needed) the City takes advocacy positions, and that the City’s advocacy positions are made known to legislators and the public, as appropriate. The legislative program is guided by the Advocacy Process Manual. In addition to this manual, the City maintains a City Council-approved set of Legislative Guidelines for the City as a whole and for the Utilities Department, as noted below. These guidelines are reviewed and approved annually. Legislative Guidelines The Legislative Guidelines (Attachment A) enhance and add context to the City Council’s overarching priorities and guide staff and the City’s legislative advocates on issues that arise during the legislative session. The guidelines are reviewed and possibly updated each year to address new and evolving issues relevant to Palo Alto. The guidelines are not rank-ordered and are intentionally reasonably broad, rather than specifically narrow or tailored, to allow for a flexible and quick response. The guidelines are not specific direction on any given piece of legislation. Instead, they act as a means by which staff and the City’s advocates can respond to State and Federal government action without returning to the City Council each time a bill is introduced or amended. Utilities Department’s Legislative Guidelines The Utilities Department is possibly the City’s most regulated department, with over 50 new state bills potentially impacting its operations introduced each legislative session. The scope and breadth of state regulatory and legislative action span most utility lines and usually include water quality, rates, wildfire mitigation, greenhouse gas reduction policies, reporting changes, infrastructure-related mandates, and more. This is in addition to federal agencies involved in regulating or overseeing some of our utility lines. The unique focus on the Utilities Department from the federal and state governments gives rise to a set of legislative guidelines specific to the Utilities Department and approved by the Utilities Advisory Commission (UAC). These guidelines work in parallel with the City’s own legislative guidelines and the City’s Advocacy Process Manual, the latter of which specifically notes the distinction of the Utilities Department on page 4. As per the usual process, on November 3, 2021, the UAC discussed and recommended the City Council approve the 2022 Utilities Legislative Guidelines, found in Attachment B. Part of the UAC discussion centered on the fact that the Utilities’ guidelines provide direction while allowing for staff discretion and that staff has worked well within the guidelines in the past. Importantly, the 2022 guidelines remain unchanged from the 2021 and 2020 guidelines, which Council approved on February 8, 2021 and January 13, 2020, respectively. While intentionally crafted to remain evergreen, Utilities staff anticipates taking a thorough review of the guidelines this year, to consider any changing policy landscape, any different resource needs, and any change in the needs of the City and the Utilities Department. Timeline, Resource Impact, Policy Implications (If Applicable) City of Palo Alto Page 3 There is no direct resource impact associated with approving the City’s Legislative guidelines and the Utilities legislative guidelines. However, actions taken that support the efficient use of the City’s assets and resources will help control costs, implement the City Council’s policies and goals, and protect the interests of the community. Stakeholder Engagement The City’s and the Utilities Department’s Legislative Guidelines were informed through an internal and external stakeholder process involving gaining information from City Council referrals, internal departments, State and Federal advocates, various trade associations, and the Northern California Power Agency joint action agency. Additionally, both sets of draft guidelines were reviewed and discussed at noticed, public hearings. Environmental Review This report is not a project for the purposes of the California Environmental Quality Act; an environmental review is not required. Attachments: • Attachment A: Proposed Final 2022 Citywide Legislative Guidelines • Attachment B: 2022 Utilities legislative guidelines Attachment A: Draft – January 2022 The City of Palo Alto’s 2022 Federal and State Legislative Guidelines Page 1 of 3 These Guidelines reflect and activate the City Council’s priorities; they do not supplant them. They work to guide staff and the City’s legislative advocates on issues that are important to the City Council, and fairly likely to become a legislative issue. These Guidelines are not rank- ordered and are meant to allow for a flexible and quick response by staff and advocates, without the need to return to the City Council to seek guidance. The Guidelines work in conjunction with the City Council-approved Advocacy Process Manual and the City Council action to do “Strategic Weighing in on Issues of Interest” (June 22, 2021 CMR 12344; Minutes). The below Foundational Principles represent the ideals that form the core of the City’s policy agenda. The legislative guidelines all rise from and strengthen four foundational principles: 1. Protect local revenue sources and prevent unfunded mandates. 2. Protect, seek, and increase funding for programs, projects, and services; pursue grants. 3. Protect and increase local government discretion. Oppose items that preempt or reduce the authority or ability of local government to determine how to effectively operate local programs, services, activities, and governance. 4. Protect the health and safety of the community. The Legislative Guidelines create the framework for organizing the City’s policy interests, while guiding staff and contracted lobbyists in their advocacy efforts on behalf of the City. The items below provide direction for the City’s efforts when addressing reasonable government actions. Transportation The City supports government action that: • Deters single occupancy drivers and alleviates local traffic congestion • Supports local and regional public transportation • Regulates technology that diverts traffic into residential neighborhoods • Provides funding for rail grade separations, rail efficiency improvements, and other means of reducing the local impacts of regional transportation systems Environmental The City supports government action that: • Reduces GHG emissions • Reduces airplane noise, health impacts, and/or airplane emissions • Promotes residential and vehicle electrification programs The City of Palo Alto’s 2021 Federal and State Legislative Guidelines Page 2 of 3 • Promotes the use of renewable resources, water conservation, and the flexible use of existing resources • Supports a statewide ban on polystyrene containers and packaging materials • Provides opportunities for staff to work with the San Francisquito Creek Joint Powers Authority and other regional stakeholders in efforts to improve the creek’s watershed and floodplain • Supports efforts to protect local communities from sea level rise and other impacts of climate change • Supports proper disposal of recyclables once removed from Palo Alto Financial The City supports government action that: • Supports the long-term stability of CalPERS and the ability of local governments to mitigate and manage with flexibility its pension obligations • Protects the funding sources and levels of City services • Provides for COVID-19 related expenses and revenue losses • Supports the continued deductibility of tax-exempt municipal bonds and the restoration of Advance Refunding of Tax-Exempt Municipal Bonds Public Employment The City supports government action that: • Preserves local government’s ability to manage its own employment issues, including, but not limited to hiring, evaluating, disciplining, and/or terminating and negotiating collective bargaining agreements with employees’ representatives Technology The City supports government action that: • Supports reasonable regulatory efforts surrounding policies regarding cybersecurity, drones, shared mobility services, returning to Obama-era net neutrality regulations, and smart city initiatives Housing The City supports government action that: • Supports reasonable housing policies that recognize local autonomy to maintain the local public process and preserve local government’s ability to determine land use policies and development standards • Provides funding for (a) affordable housing, (b) homelessness, and (c) infrastructure (such as parks, utilities, roads, and transit) required to support the increased housing production • Fosters reasonable ratios between jobs and housing • Supports the development and implementation of efficient and environmentally sustainable land use and building practices Police The City supports government action that: • Supports efforts which seek to modify policing services, including but not limited to alternative public safety models and funding to address community mental health issues, expansion of requirements regarding police data and rules regarding prior employment information transparency, and expansion of data and communications including radio encryption. Other The City supports government action that: • Updates, implements, and refines processes, services, and programs affecting the City. This includes, but is not limited to, public safety reform efforts and streamlining reporting mandates • Protects individual privacy and allows the City to safeguard customer information • Provides for the equal treatment of all individuals • Allows the City to support the collaborative work of regional partners, trade associations, other local governments and organizations, and Joint Powers Authorities Attachment B Utilities Legislative Policy Guidelines: 2022 Update City of Palo Alto Utilities Department (CPAU) staff will use the below guidelines as well as the City’s guidelines to help determine any advocacy position or action on Utilities-related issues. Formal advocacy, such as submitting written letters or comments and meeting with policymakers and/or staff, requires the approval of the Utilities Director or his designee. 1. Seek to preserve local government flexibility, discretion, accountability, and oversight of matters impacting utility programs, services, activities, and rates. Oppose action that could hamper or minimize this flexibility or discretion. 2. Where possible, seek funding and program incentives. 3. Advocate for reasonable government action with minimal customer impact that allows for flexibility and implementation feasibility. 4. Advocate for locally-designed conservation or efficiency programs. Support reasonable State conservation or efficiency requirements that consider local populations, environment, and resources. 5. Inform state and federal policymakers about CPAU’s current programs, services, goals, and reporting requirements. 6. Oppose unnecessary, unreasonable, impractical, or costly rates or mandates. 7. Collaborate with and support the efforts of regional agencies and associations whose goals align with ours. 8. Advocate for fair cost allocation and support the principle of beneficiary pays. 9. Support efforts to maintain or improve the security and reliability of our infrastructure. 10. Support government action that cost effectively reduces greenhouse gas emissions. 11. Promote locally-designed residential and commercial electrification programs. 12. Support government action allowing CPAU to maintain customer confidentiality.