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HomeMy WebLinkAboutResolution 2000-037 RESOLUTION NO. 2000-037 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE CITY LEGISLATIVE ACTION PROGRAM AND PRIORITIES FOR 2000 WHEREAS, major objective of the City Council is to adopt an aggressive legislative program which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the County has a direct impact upon the quality of life in Atascadero, it is imperative that the City maintain quality communications and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit "A", the League of California Cities legislative priorities identified in Exhibit `B", and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Program is face to face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atascadero does hereby amend the Legislative Action Priorities for 2000, as set forth in the City of Atascadero Draft Resolution Page 2 attached Exhibits "A" and `B", and authorizes staff to take positions on legislation ,generally consistent with the Legislation Action Priorities and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City. BE IT FURTHER RESOLVED, that City staff is directed to schedule meetings, as appropriate and convenient, with our Congressional, State Senate and State Assembly representatives to discuss and promote the City's legislative program, and to continue efforts to improve communications and relationships with the County Board of Supervisors and north county cities to further our interests in land use and water issues. Upon motion of Council Member Luna and seconded by Mayor Pro Tem Arrambide, on the following roll call vote: AYES: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson NOES: None ABSENT: None ADOPTED: October 10, 2000 4RaJo soMayo ATTEST: Marcia McClure Torgerson, City erk APPROVED AS TO FORM: L-a 1["4/ Roy A. Hanley, C ty Atto ey City of Atascadero City of Ataseadero Resolution No. 2000-037 Draft Resolution Exhibit A Page 3 CITY OF ATASCADERO CITY LEGISLATIVE ACTION PRIORITIES FOR 2000 FEDERAL PRIORITIES • Requiring funding of federally mandated programs or eliminating such mandates • Promoting continued and increased funding sources for transportation • Obtaining new funding sources to expand low and moderate income housing • Supporting legislation that provides regulatory relief to local government in complying with the Fair Labor Standards Act and overtime provisions for exempt employees • Supporting continued funding for the Land and Water Conservation Grant Program • Supporting legislation which strengthens the ability of cities to control their public rights-of- way and apply zoning regulations relative to the telecommunications industry • Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc. • Supporting legislation which assists welfare reform to work in a positive way and provides funding for the social service programs of local non-profit organizations • Obtaining cooperation and prompt approval from the EPA and Army Corps of Engineers for necessary flood control projects • Supporting legislative action to retain the existing process of local judicial review of land use decisions, thus avoiding preemptory, premature intrusion of federal courts into matters best known to local authorities at the local level • Opposing mandatory social security for newly hired local governmental employees • Supporting legislation to promote the responsible and cost effective reuse of biosolids • Promoting Federal efforts toward preservation of open space, coastal resources, signature land forms, wetlands, and other natural resources or areas threatened by development City of Ataseadero Draft Resolution Page 4 STATE PRIORITIES FINANCE • Supporting efforts to protect the City from loss of revenues due to State mandates • Supporting legislation that strengthens opportunities for local fiscal independence • Returning ERAF • Supporting efforts to "protect, preserve and reform" local government revenue sources" • Supporting legislation which better assures any reductions in Vehicle License Fees by the State will be back-filled to local government in a permanent way COMMUNITY DEVELOPMENT • Opposing mandated State approval of local General Plan Elements, such as implementing and compliance with State General Plan Housing element law • Promoting funding sources to encourage the retrofitting of unreinforced masonry buildings • Promoting state efforts toward preservation of open space, coastal resources, signature land forums, wetlands, and other natural resources or areas threatened by development • Promoting realistic housing requirements in the Housing Element • Promoting the concept of Urban Growth Boundaries PUBLIC SAFETY • Preserving city's authority to investigate police misconduct • Preserving city's authority to establish emergency medical service levels • Increasing City authority to regulate group homes for juvenile offenders • Continuing support for disaster preparedness/earthquake preparedness • Supporting efforts to secure higher levels of cost recovery for DUI's • Supporting efforts to expand the scope of parental responsibility for crimes committed by minors • Supporting efforts to provide the Governor with authority to override the parole board when anyone convicted of a violent offense is proposed to be released on parole City of Atascadero Draft Resolution Page 5 • Preserving the authority of local control on issuance of concealed weapons permits • Retaining budget commitments for Public Safety supplemental funding — State COPS program • Supporting legislation to help curb underage drinking • Supporting another ABC inspector to work on minor/alcohol issues • Opposing new or increased state fees for state provided law enforcement service • Support efforts to expand Megan's Law and provide greater access to the information. • Support efforts to regulate sex offenders. • Support efforts to increase parole/probation periods and restrict parole/probation from being served while committed in the State Hospital. • Support efforts to increase the penalty for escapes from the State Hospital or assaults on staff at the facility. TRANSPORTATION • Changing Gas tax laws to allow local tax for transportation purposes based on a majority vote of the public • Increasing transportation funding (including transit, bicycles, others) PERSONNEL/EMPLOYEE RELATIONS • Further reforming Worker's compensation • Preserving the fiscal integrity of PERS • Opposing binding arbitration and expansion of the"Peace Officers' Bill of Rights" • Monitoring employee healthcare/benefit changes • Opposing the establishment of the Public Employees Relations Board (PERB) as an authority over local government employee relations disputes PUBLIC WORKS • Better defining "qualified"bidders in public contracts bidding 0 Redefining Prevailing wages as "average" local wages City of Atascadero Draft Resolution Page 6 • Streamlining Federal and State process for funding street projects • Increase to $20,000 limits of work (from $5,000) for public projects not requiring competitive bidding • Obtaining grant funding for seismic retrofit projects (buildings, bridges, etc.) PARKS AND RECREATION • Supporting recreational programming , particularly for youth within the City • Supporting funding for: protection of natural resources (e.g., the Lake), open space, and parks development • Supporting funding for rehabilitation of existing parks • Supporting efforts at the State level for a park and open space bond measure • Obtaining grant funding for a Community Center • Improving the timeliness and accuracy of fingerprinting for volunteers • Obtaining grant funding for the preservation of historic buildings UTILITIES • Providing funding for reclaimed water programs • Supporting legislation to enhance local government's ability to comply with solid waste requirements • Supporting legislation to increase availability of grant funding for replacement of aging infrastructure • Supporting legislation promoting the responsible and cost-effective reuse of biosolids • Supporting legislation to streamline the state regulatory permit process through the use of general permits COUNTY PRIORITIES • Reaching agreement with the City of San Luis Obispo on solutions for Salinas Reservoir expansion and Nacimiento pipeline projects City of Atascadero Draft Resolution Page 7 • Developing consistency between the City and County General Plans, particularly to emphasize the concepts that (1) urban development should be municipal, and (2) unincorporated areas shall remain rural, agricultural, or open space in character • Creating a North County Government Center in Atascadero • Improving regional solid waste management • Developing cooperative approaches for providing services on a regional basis • Discussing and resolving issues on the City periphery, such as conversion of agricultural zoning to residential subdivision and industrial use, allowing increases in density in residential and industrial areas, allowing substantial development beyond the City's urban reserve line and giving greater credence to and respecting the integrity of the City's planning process • Continuing to work with other cities to convince the County that urban-like development should take place within the boundaries of cities, and not in the unincorporated areas — and especially not within the urban growth boundaries of cities City of Atascadero City of Ataseadero Resolution No. 2000-037 Draft Resolution Page 8 Exhibit B LEAGUE OF CALIFORNIA CITIES LEGISLATIVE PRIORITIES FOR 1999 The League Board of Directors has adopted the following legislative priorities for the 1999 legislative session: 1. Revenue Base Protection. This recommended priority will start with a premise similar to that of ACA 42 from last session. This was the measure sponsored by the League that established a constitutional protection of local taxes, the Bradley-Burns sales tax, existing property taxes and the vehicle license fee revenues. While the premise is similar, it is necessary to go back and build the coalition needed to support a revenue protection measure. This issue will have a legislative component as well as the exploration of a statewide ballot initiative. 2. Revenue Return. This priority has two elements. One is based on the dialogue that came out of the recent gubernatorial election. The other element is based on a reasonable expectation of another attempt to secure a local government revenue source in the upcoming legislative session. The elements are: a. ERAF. The newly elected governor promised the return of local government property taxes taken in the early 1990's. He promised this at the concluding general session of the League's recent Annual Conference in Long Beach; and, he promised it again to the League Executive Committee after the Long Beach speech. It is incumbent upon the League to pursue this public commitment and determine its validity. b. Bank-in-Lieu. Last session, legislation was carried to return the bank-in-lieu tax to local governments. It could mean as much as $160 million annually upon full implementation. The issue was a priority of the League last year and should again be a priority for the League in 1999. 3. Infrastructure Fundiniz. Last session, the Legislature finally began to focus on the public infrastructure issue. This comes after years of neglect and recession when fiscal survival pushed long-term investment issues off all the priority lists. Last session, the debate focused on a measure to send a small portion of the state's unexpected transportation surplus to local governments for street and road repair — SB 1477. The debate is expected to return to a proposal(s) to better "equalize" transportation funding between the state and local governments. 4. 2000 Census Process. The results of the 2000 census will have a tremendous effect on the distribution of federal resources to the state and local governments of California. There are several issues that the Board of Directors asked the League to focus on in the upcoming census count: a. After-the-Count Review. Local governments should reserve the authority to review the census count for the jurisdiction for errors and then forward recommendations to the Bureau of the Census before the counts become final. City of Atascadero Draft Resolution Page 9 This has been the practice in past counts and should remain as a practice in the 2000 count. b. Provide Information to City Officials. The League should continue to serve as a clearinghouse for information on the census count to ensure that local agencies are active in Census Bureau activity in their community. 5. Social Security Mandate. The league should oppose any attempt of the Congress and President to mandate new employees into the social security system. This will have a tremendous, detrimental impact on state and local government finance in California and will likely necessitate a reduction in the benefit structure of public sector retirement systems in California. 6. Other Issues. Other issues that should remain in the focus of the League include city, county school collaboration on public facilities, school safety/security, after school programs, technology development/deployment for our public schools and programs for senior pairing with at-risk youth. Ledque of California (ities 1400 K Street 199 Sacramento,CA 95814 916.658.8200 FAX 916.658.8240 Iter Ciaes—A Better Life www.cacities.org Priorities for the Millennium n, e?000 legislative session promises to continue debate on several key city issues carried over 'rom the 1999 session. It is an election year and many believe that little of consequence happens in an election, yet,. some of the Legislature's more recent and major accomplishments have taken price in election years. Among the key issues cities can expect to encounter in the 2000 session are the following: Local Government Fiscal Reform - This issue was a big part of the discussions in 1999 and city officials can reasonably expect the discussion to continue and likely accelerate in 2000. By current estimates, the state is running about$400 million ahead of the revenue projections used to put the 1999-2000 state budget together. Rumors, and at this point they are just rumors, place the "budget surplus" for the 2000- 2001 budget process once again in the multi-billion range. If this turns out to be true, it is the fourth year in a row with a substantial budget surplus.A surplus of this magnitude increases the possibilities for a local government finance solution. On the downside, the state is facing a number of potential fiscal obligations that were not anticipated in the 1999-2000 budget. There is a court ruling on school funding that could obligate the state for a substantial settlement. Another court has ruled adversely on a tax imposed in the early 1990's on the registration of out-of-state automobiles. The state appears to be moving to repay taxpayers who have paid this tax. This is estimated to be an $800 million price tag. Finally, a tower court has ruled that the transfer of property taxes from local governments to the benefit of the state general fund in the early 1990's was a state-mandated cost for which the state is financially responsible. This case on the property tax is only at the initial stages with a superior court ruling. The decision will undoubtedly be appealed by the state and may takes years to settle. AlLof these obligations and potential obligations will make the state more fiscally cautious about long-term financial commitments. The Governor and his chosen style of governance may also play into the local government fiscal reform effort. He has proclaimed that he wants to "govern from the middle." He has also demonstrated that above all else he is cautious when it comes to long-term commitment. Any meaningful reform of local government has got to involve stability which requires a need to commit. The Governor's approach may mean the delay of long-term local government financial packages until after the next election. Added to this backdrop of legislative and gubernatorial interest in financial reform are the many commissions and task forces that have produced or are producing recommendations for improving state and local fiscal relationships. Among the first to put forward recommendations is the task force formed by the Controller. At the heart of the Controller's report is a substantial change to the distribution of sales tax revenues. Other commissions aiming at the end of 1999 or early 2000 for final recommendations include the Speaker's Commission, the Governor's task force on infrastructure, the Hertzberg Commission and the Consensus Project. All of these groups will be making recommendations and many are likely to end up in legislative proposals in either the 2000 legislative session or later sessions. The League is working with an internal task force of city officials to advise the organization on the best approach to these proposals and to develop a proposal that the League intends to support and promote. The League is also working closely with the California State Association of Counties to explore common recommendations that the two organizations can support. It is ncumbent on the League and CSAC to develop a proactive approach to state and local fiscal reform. The legislative leadership has challenged both organizations to offer a local government sponsored solution. The issue of fiscal will likely dominate discussions in the 2000 session. Employee Benefit and Employment Rights Mandates Last session did not meet all of the expectations of local government labor representatives, but then perhaps those expectations were a bit too high, at least for the first year of the Governor's term. There were mandates passed and signed that city officials will have to pay for in upcoming years. but many of the more important labor proposals were postponed, at least temporarily, until the 1-000 session or beyond. Topping the list of city concerns in the upcoming session is the proposal by Senator John Burton to mandate a system of compulsory and binding arbitration for the resolution of collective bargaining disputes with public safety employees. SB 402 remains alive in the second house (Assembly) and will likely become a topic of hot debate in 2000. The bill stalled in the last weeks of the legislative session when the proponents (police and fire unions) and the Governor could not agree on the scope of a compulsory and binding arbitration proposal. The Governor wants arbitration limited to salary and benefits only, while police and fire unions want to subject salaries, benefits and all other terms and conditions of employment to the arbitration process. This promises to be a major fight, again, next session. Also on the labor relations agenda is a proposal to re-write the collective bargaining law for local governments, increase workers compensation and unemployment insurance benefits and increases in both retirement benefit options and possible further retirement benefit mandates. It's a long agenda and it may take more than one or two years to complete. Transportation Finance Last session was characterized by considerable debate over a transportation finance package that includes a constitutional change to the current two-thirds vote requirement for special taxes dedicated to transportation purposes.The proposal would reduce this two-thirds vote to a majority vote. We are optimistic that the Legislature and Governor in the 2000 session will be engaged in more than debate and that a transportation finance package will actually emerge. In addition to the majority vote issue, there is significant disagreement between the Democrats and Republicans about the central elements of a finance package. The Democrats are pushing a bond measure to finance the state and local transportation system. The Republicans are pushing a package that attempts to utilize state general fund moneys to finance transportation on a"pay-as- you-go" basis. Both proposals represent problems for a properly funded transportation system. Neither proposal relies on the "user pays" principle that should be the heart of any finance package. To offer a bold prediction at this preliminary point in the legislative process, the chances for a city win is much more of a reality in transportation finance debate than it is in the area of long term local government finance reform. Conclusion These predictions for 2000 are just that - predictions. Every session produces a list of surprises and the 2000 session is likely to follow this rule. Please keep closely informed through League publications such as the Legislative Bulletin and other alerts sent from the League office. City officials did a great job of responding in the 1999 session to requests for legislative contacts. It is important to keep this up as we move in to the 2000 session.