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Home My WebLink About0457.000I 1--"~'->-: . ··t·-~ ll·,.4·t~Jr;: -:--- :~ ~3~fi~~t ~i>: ,~,,< " .. / ot :q ;! (~ ~ • '" ~ ~ 1 I i I I I 1 - o THE BONORABLE CITl COUNCIL PALO ALTO, CALIFORNIA Summary of Council position§: on I..eaislative Issues Xemtlers 0 f the Counc i 1 : This is an infor.mational report and no council action is required. Attached is the most recent update of the Summary of Council Positions on Legislat.ive Issues. The su:mmary is an important. resource for City staff as veIl as Council. As pr~sed state or federal legislat.ion comes to staffJa attention I the stlmlllary anables staff t.o dete:r1ll1ne if there is an existIng: Council position applicable to the specific leqislative bill. If oS position exists" staff is then able to act promptly on the b111 1 on bebalf of the Mayor and council, without requesting Council direction. This capability is very important, as the city is frequently aske~ by the Leaque of California Cities and the National League of Cities to contact certain legislators about bills which are moving very quickly throuqh the legislative process. St.aff continues to bri~ leqislation with the potential for a significant impact upon the City, for which there is no Rxlsting Council position" to the Council tor consideration. As these new positions ar~ developed 6 they are added to the summary document. In staff's opinion" it would be useful for Council to ann,ually review the summary to de-tel"1lline if all the positions listed therein are consistent with the curre.nt Council's vielis. The most productive tIme to perfor. this review wocld be in January, when new sessions of the Legislature and Conqress are beginning and also when the council 1s considering its prIorities for the year. Unless Council directs otherwIse, staff will place this item on a Council agenda in January tor referral to the Policy and Procedures Committee. Respectfully submitted, tlu 7?:/;~ Vicel Ru~~' Assistant to the City Xanaqer AUaclu>ent CI!R:457:0 " , • \ . , , I , I " ~ .~ I ".:;< , I ~: ' F: , I. - -- , , • / ~ &!:",-'-'JL"-."".;..;..;,....,;,;~~...,_"'...,~~~,. ~,_,~, "-.,..,,",,,, __ ~ ... "._-",-_.r,c~~~,.,·~.d·;~':'~ ____ -±L~ un _.~ o o Office of the City Manager July &1, 1990 $nD,ry of council Posit.ion. on LegIslatIve Issues n.e tolloving is a list of issues on which the palo Alto City Council haa v"ted to take " specific legislative position in approximately the past seven y~ar.. The dates indicate when ~ouncl1 voted on the issue. For a mor-e complete listing of legislative poSitions, this list should be supplemented vith the re&olutions council has supported at the Annual Conferences of the Leaque of California cities and the National Leaque of Citles~ CITY ADMIlfI STRATIVE I &SUES Absente@ Ballots support leqislation to restr1ct third party handling of absentee ballots (7/22/85, 4/30/87). Elections Su-ppo-rt establishing: a uniform. poll closing tims in the continental U.S. for presidential elections (8-1: 8/18/85). Support leqislatlon to move California presidentia! primary frem June to March or April, enabling California vcters to have greater influence in selection "f presidential candidates (6-1: 2/2/87). Oppose election of city council members by district (4/20/87). Prohibit political party endorsement of candic1ates for non-partisan offices (5/31/85). Inl HaH ves ~equire Secretary of state to review all initiatives before they are. approved for sIgnature gatherinq, the qoal being better-drafted initiatives and more public information (6-2: 4/27/87). Allow initiative sponsors to submit initiative measures to the State Le9islature, authorizing the indirect initiative process as an option (6-2: 4/21/87). Liability R.~uce exposure to -deep pocket-lawsuits. Lialt liability for Intanqible losses to no .ore than the defendant'. degree of responsibility (4/15/85, 6110/85, 11/25/85, 4/28/86). ':;"-":;1 . . , , r ! I,' .. ~. r' , I t ' . . ',.:. • \ - . , " , .... , "'--.": o s ..... ary of councll July 27, U90 Pa'1 e ~ Positions on Legillativa Issues Liability (Continued) Protect City'. immunity frOD liability for in~urles r •• ulting frou natural condition of public property (4/15/85). Oppose the trander of • trial concerning litigation against cities, vhleb challe1'l9'u general pla.n or actions rela.ted to housing development, to a di.intere.ted county 13/24/86). open Jfeot;inqa (Brown Act) Preserve the attorney-client privIlege tor locel qovernment, peraitting use of executive 5essions (2/24/8E, 5/15/89). Penonne1 Oppose .andatory social security medicare coverage for state and local government employees (8/19/85). Exempt state and local publIc agencies from provIsions of feQeral Fair Lobor Standards Act (4/15/85). Oppose preaum~len that a firefighter'. cancer Is job-related and burden of proof lIes with employer to dl!Jflons.t.rate o-thervise .. (4/12/82, 9/21/87). Oppose presum~ion that if a public .afety officer contracts AIDS it i. a. a result ot employment duties (6/20/S8). Oppose tederal tax regulation interpretation that would consider non-elective accrued vacation .... iclt leave ... and compensatory time as .arne~ income to be taxed (2/16/88). Support le9'IslaUve authority to penoit discretionary lav enforcement release of complaInt and investigatIon information concerning polIce officers. with proper confidential tty protections (7/25/88) • IJ'hrAri" State tunds .hould supplement ... but not .uppl~nt, local revenues appropriated for the support of public libraries (4/27/87). peM. Teleyision Preserve authority of local governaents to regulate local cable communication .yste~s (8/9/82). ., -',-:, • I f "~-. ..... .,~.: , • , \ , \ ..,. -\ - o o Suzmary of Council Position. on Le;ia1ative Issues July 27, 1990 Pa;,. 3 rebl. Tel9V1.1op (ContinUed) Punu. leqialation that "ill provide immunity (including retroact1ve epplication of sucb immunity) troa damage8~ interest, cost., and attorneys' tees for cable television fr5nchise activities cf cities undertaken in a manner consistent with the Cable Act or existing etate lav (3/28/Sg). Air and Spa9A Center Support l.qiol_tioD enabling creation of California Air and space Center at NASA Ames Research center in Mountain View [4JIOJ89J. Air Quality problbit slIIoltlnq in transportation services waitiT19 roo:ms and ticket lines (4/15/85). CAlifornia Coastal rggl •• lon Provide adequat.e state fundIng: and staff for California Coastal commission (8)12/85). Hazardous Materials Authorize voluntary cooperative agreem.ent.s bet.ween RWQCB and local governments for cleanup of leaking underground tanks (Res •• 6517. S/U/86, 4/27/81). Exempt public entities froll provisions of Proposition 65 (3/16/67). O~Qne Depleting cOmpounds Support state and production and use 5/9/88) • fea.ral actions which will phase out the of all chlorofluorocarbons. (Res. '6692$ Oppose federal pre-emption of state and lOCLl government regulations regarding protection of the ozone layer (Res. t6SSS. 5/7/90). Recycling Authorize tax credit for use of .pecified recyclable materials by lIanufacturers (4/15/8S). • hi. - J" , '~ -c>-..~ - o o summary of Council Position. on Legislative Issues July 27, 1990 Page 4 BIcycling (Continued) Support "bottle bill" legislation which provides realistic incentives and requires retaller participation (11/18/85, 2/18/8E, 4jZ4/UI· Support adoption by Congress of a National Recycling Policy (ll/H/86) • support state and federal regulations that emphasize tbe recycling of plastiCS (Res. '6692, 5/9/88). San francisco Bay Support the policies of the San Francisco Bay conservation and Development Commis.ion (BCOC) (Res. 'E2l8, 1/9/84). support maximum compliance with tbe McAteer-Pet-ria Act and the San Francisco Bay Plan and prevent circumvention of local qovernment review of BCOC permits (Res. '6602, 4/13/87). Support the completion Of the Sa~ Francisco Bay NatIonal Wildlife Refuge (Res. ,659S, 2/23/87). Support inclusion of San Frond.co Bay-Delto Estuary in the EPA's National Estuary Proqra. (Res. '6653, 11/9/87). water ouality and SUpply Oppose construction of vater transport facilities replicating the proposed peripheral Canal (5/21/84). Support Constitutlonal protection of water resources at their origin (Rea. 162S0, 7/23/84). Develop a .totewide vater policy consensus (8/E/84). OppOse Delta l.prove.ments UJ'ltil wa'ter policy consensus Is and ",.ter quality "tandards for S.F. Bay and Delta are (Res. '6613, 6/1/87, Res. t6698, 6/13/88). HOUSING AND COIIKtJIiITY DEVELO~ Building In.pecti on achieved aOOpted. Oppose state preemption of local desiqn and control of essen~ia1 aervlee. buildings (5/14/84). "'/-,-'L-_ . ."d. ---; --'-, , , • , . "~.J ." '.' • \ , ....1 .•. " -. '. o o susmary of council Positions on Legislative r.sues July 21, 1990 page 5 Building InlplCtion (Continued) support •• endment of McAteer-petri. Act to assure pro,ects witbin 8CDC 'uriadiction are desiqned to provide rnson .. ble protection against .. is",i", and flood hua.rds (Also see Siln Francis"", Bay &bove). ('/16190). 'air HoUsing S\lpport poSition that .g~ discrbinatlC>n in housing is illegal except housing specifically constructed f~r seniors (S/14/!4). Rent Control Oppose st.ate preemption of local policy and control of rental housing (5/23j63). iJ.gna oppose s'tate pre.e.mp,tion of loeal control o"f on-premise advertising signs (2/12/S)}. SUbsidized Hog'!nq Support state subvention f\lndin<) to cities and counties for construction snd rehabHitation of rental h""sing for 10'01 and very loW' lnoome familIes and Indlvic3.llals l and e:merqency Shelte.rs and ancillary services Cor tbe bomeless (7/13/61). Support legislatic>n vhich vould establish a notice and bearing procedure prior to the conve.rsion of federally-assisted rental bousing to market-rate housing upon the expiration or non-renewa1 of federally-subsidized mortqaqe contraots and agreements (1/11/87) • Support establishment Qf state-sponsored nvn-profit corporation to rai... equity capital for non-prOfit housing <sevelopment -corporations to acquIre.,. construct. or rebabili tate lov .... income housing «(-3: 8/11/81). support state general Obligation bond issue to pro7ide financing for construction and rehabilitation of affordable rental housing units for the elderly, the handicapped, workinq taml11es, sin91~ parents, and others with special ~eed5# and for shelters for the homeless 12/l6j88). '~'" • --: . , . , - Summary of councU July 21, 1990 Page 5 Surplus Schools positions on Legislative Issues Pr ••• rve City'. di.scretion concerning ~oninq of surplus school property <C/15/85). eppo •• repeal of Naylor Bill (4/15/85). Prevent waivers of the Icbool alte cUsposltion provisions contained in the Naylor Bill (C/15/85). lI!l!Wf SERVICES Child CA" Support increased state fundin<l for extended da.y childcare services for school age children (8/6/84. 7/18/88). Mandate employers to grant unpaid leaves of up to four months for child rearing purposes (5-3-1: 9/8/86). Oppose state requirem.ent that space tor chIld care centers be provided in all new or rehabilitated pUblic buildings of a qiven .1ze (C-3: 8/17/87,. Support state and federal actions 'Which will e.ncourage employer support for child care and facilitate local provision of quality affordable child care (7/18/88). support requirement that land use elements of general plans shall Incl~e a statement rag'arding t.he need for and ava.ilability of child care facilities (6/11/90). . fha Disabled Support federal legislation which will provide nOndiscrimination protection in the private sector for persons with -disabilities (6/4/90) • PUBLIC SAFETY Bicycles Prohibit wearing of headsets by bicyclists (2/22/82). Cri.inal Justice Require governor's raviev of decisions of parole authority co""erning convictecl murderers (6/16/86. 6/15/87). ,··:,..;:>·L·····.·· .:-/---". " .... • . , .. • • • !' :"--~~~r ... ~~;zo __ ·,~,,,~~~*,,,,-,~,,,,,,~ , o o summary of council Positions on Legislative Issues July 27. 1990 Page 7 exiwina1 Jy.tice (Continued) Support legislation which will r8quir~ the court, at the time of .. nt.ncing tor a crime. to inform the victim orally and enter into the record the true or actual sentence the defendant will receive (6/15/nj. lire-Safe Cigarette. Support legislation requiring dev~lopment of fire-safe standards for cigarett •• (12/21/87). Firear.s and H~ Captrol Oppose state preemption of local goverrunen!;' s right to enact or amend any firea~s control (Res. t620S, 12/5/B3). Support leqislation prohibiting possession or sale. of ass.ault weapons (l/6/891. )Jotorcycl es Require all persons riding motorcyc.les o-r lIlot,=,rbikes to Year helmets (3/16/87). Sutbe:1ts Require new school buses to be equipped with seatbelts for passengers and driYer, if independent study verifies safety (3/2./86) • TrAffic EnforctRent Expand local qovernmentts ability to llSe. radar for speed. l:i:n".it enforcement (4/23/B4). 'l'ruclcs Oppose increasing allowabl~ length of trucks and trailers (3/24/861. SUpport legislation vhlch requires that tru~ks and other vehicles l when transporting aggregate and construction materials. have properly contained loads. 00 that no leakage occurs (6/15/81) • ',-- \ . ;. I i. o o summary of council PositIons on Leql.latlve Issues July ~l. 1990 Paqe 8 Vahlel. Reqlatratlon support • vehIcle registration amnesty proqram with increased p41nalUe. for unreqlstered vehlel ... after amnesty period (7/22/85). RE'iE!I!lE AN!) TAXATION lIdsra1 Kan4at •• :aequira the federal government t..t:L reicursi!! state snd local qovernmen't for a&Htlonal direct costs which result from the imposition of new fed.ral mandates (l/l3j87). Support the establishment of meChanisms for ensuring that members of Congre.s are fully awar~ of new costs imposed on .tate and local qovernment by tederal le'lislation (7/13/81). Gann LllIit Permit gas tax funds to be exe~ptea fro~ Gann Appropriation Li~it (3/24/86). Provide for greater latitude in the factors by which the appropriation lislt can be calculated (4/27/81. 2116/88). Amend tho state spending limit to allo~ increased gaSOline taxes and truck ~eiqht tees to b~ 5pent for transportation improvements (12/18/89) • General Qbligation Bonds ~educe vote requirement tor approval of local ~eneral obligation bonds, from 2/3 of tho •• voting, to 60t (3/28/8al. Local Govern-ent Financing state must guarantee adequate and stable local qovernment fundinq (8/25/83; Res. C620l. 12/5/83). 1Iunic.ipal Bonds Pre •• rve the tull authority Of municipalities to issue tax-exe~pt bonds [3jZ4j85j. Parking and Traffic rlnes Assess a 8urcharqe on parkIng and traffic tines to I>e llsed to finance county 'ail and courthouse construction (4/27/87). -----:----~. ""'L-, ,0 _~_C'_;"'_.;;_____. -- - • , - • / o o summary of Council Positions on Leqislative Issues July 27. 1990 page , property Tax Valuation Oppose constitutional amendment that voul~ roll back property valuatIons tor all owner-occupied residences purchased constructed .ince passage of Proposition 13 (9/21/87). SIl.s faX tax or Exempt cities from .al~s tax on publio art purchases (4/20/87). support, in principle I other legislation which exempts cities from sales tax requIrements (4/20/87). Otility Usera Tax Oppose legislatIon which would exempt residential osers from bposit1on of utility users tax or would limit the rate Which could be charged to commercial and industrIal users (3/16/87). TRAlISPORTATION Funding Support. .. tat.e supplemental funding for maintenance of loc.el qovernment. street.s infrastructure ~7/22J8S)a lIInding Support legislation which 'Would malta changes in funding sources for State. Transportation Planning and Development Account, assurin9 stable funding for ~ransit assistance and transi~ capital 1.provement programs and access to federal mat~hin9 dollars (7/13/87) • Metropolitan Transportation Commission Restructure. the MTC membership to proportIonately reflect the population of the S.F. Bay Area region (5/15/89). por·transit Oppose elimination of residency require:me.nts for users of local paratransit services for elderly and di.abled (6/16/86). San Jose-San Francisco rr.nsportatl~ Corridor Support Metropolitan Transportation Commission recommendatIons from Peninsula Mass Tran.it Study (5/29/85). • , " .::.-.-' .. --~ , ! . " -1':' :".,.~~,. - -;, • \ - ; , Summary of council Positions on legislatIve Issues July ~1, lno Paqe 10 Banta Cllro Cpontr Transit pi strict Oppose craation of a separate governIng boa~ of directors tor the Santa Clara County i'ran.it Dlotdct (S-4: 3/15/85). Oppose use of Transit District funds, derived from the half cent sale. tax, for commuter lane (HOV) projects. (9/16/85, 3/14188). Trail" bU., BikftAYS Support authorization to plan a contInuous bikeway around San Francisco say, if it bas no ad:Verse bpact on wet-lands preservatio-n (3/16/87) • %ran.partation Alternatives Provl~e tax benefits to employers and employees who participate in rldesharlng proqrams (11/2SI8S). Support strIct enforcement of proper use of ROV (commuter) lanes (Ru. 16844, 12/18/89). U'lILITI8S Capital FacilitIes 'ees Support leqiolation whieh authcri.es publicly-owned utilities to charge other public agencies for their share of the cost of capital faeilities naeded by utility districts (7/13/87). Paver Xarkettng Agencies Oppose proposal to sell federal power marketing agen<:ies (2/la/H). frictnq Policies Oppose proposal to rede.fi.ne federal power pri.cing policie.s from cost-based to current market rate (5/13/85, 2118/86). Mat.r Proj'C::t.s Oppose federal prohibition on construction or expansion of water projects in national parks and mon-,.ents (5-3: 4/28/86). Oppose proposal to dismantle the Betch Hetchy Water Supply System (Res. '66n, 9/21/87, 4/11/88). L . \ • ---