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HomeMy WebLinkAboutReso 2001-435 RESOLUTION NO. 2001-435 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2002 LEGISLATIVE PROGRAM WHEREAS, Council Policy 300-01, dated January 1987, provides for the adoption of a City Legislative Program; and WHEREAS, the Legislative Program represents the City Council's position on items likely to be acted upon by the State Legislature, Congress, or administrative agencies; and, WHEREAS, by adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista can take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities; and WHEREAS, an updated 2002 Legislative Program to guide staff and our legislative consultant throughout the remainder of 2001/2002 session are recommended for adoption by the Legislative Committee. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the 2002 Legislative Program in the form set forth in Exhibit "A." BE IT FURTHER RESOLVED that staff and the Legislative Committee are hereby authorized to implement this program. Presented by Approved as to form by David D. Rorwlands, Jr.- Jolmy/?vl. raheny City Manager Git? Attorney Resolution 2001-435 - Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of December, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horto~ Mayor ATTEST: Susan Bigelow, City Clerk ff STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-435 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 11th day of December, 2001. Executed this 11th day of December, 2001. Susan Bigelow, City Clerk ~ 2002 DRAFT CHULA VISTA LEGISLATIVE PROGRAM A. Bayfront Redevelopment. 1. Support efforts to: a. Provide funding for urban waterfront restoration projects and the enhancement of the waterfront within the southern San Diego Bay. b. Provide funding for the Chula Vista Nature Center. c. Facilitate the recommissioning, redesign or relocation of the c~CtzE ~an Diego Unified Port District South Bay Power Plant and assist with the redevelopment of this bayfront property. d. Coordinate Federal Coast Zone Management Act, Environmental Protection Agency (EPA) regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts. 2. Oppose efforts to: a. Reduce the number of San Diego Unified Port District Commissioners and/or require commissioners to be elected members of the city council that they represent. B. Economic Development. Support efforts to: a. Enhance California's overall business climate with particular emphasis on streamlined regulations and reduced costs of doing business. b. Strengthen existing business attxaction and retention programs including: Enterprise Zones, Recycling Market Development Zones and California Infrastructure Bank. c. Continue and/or enhance funding of State and Federal Economic Development agencies, incIuding: i. California Trade and Commerce Agency ii. U.S. Department of Commerce, Economic Development Administration (EDA) iii. U.S. Housing and Urban Development (HUD) Community Development Block Grant and Economic Development Initiative d. Create new business assistance programs with eligibility criteria for which Chula Vista would qualify. e. Create or eI~hance programs which support cross-border commerce and Chula Vista import/export companies. f. Increase the flexibility of the use of HUD Community Development Block Grant funds as they relate to general economic development projects and programs. g. Amend California redevelopment laws to allow agencies to extend the life of redevelopment project areas. h. Continue the Community Reinvestment Act and accountal~lity to small businesses development programs. C. Energy. 1. Support measures that: a. Assist the City and its energy consumers in improving supply/demand conditions and enhance conservation measures. b. Preserve local options to control and fund the supply and distribution of energy (including tire formation of a municipal uFdity district) or that fund conservation programs. c. Enhance the City's abiJdty to enter into distributed generation agreements without having to pay stranded transmission or distribution charges. d. Impose fair and reasonable price caps. e. Repeal the provisions in ABxl 1 (statutes of 2001) that suspend customer choice. f. Make municipal aggregation progranzs available on an "opt-out" basis. g. Allow public agencies (not just municipal utilities) to participate in state power supply programs. h. Encourage the use of real lime metering. i. increase incentives for photovoltaic and other "green" alternative energy sources. 2. Oppose measures that: a. Impinge on or restrict the City's ability to exercise land use review/control with respect to __ the generation or transmission of power. b. Erode the City's ability to acquire/generate power from alternative sources, operate as a municipal utility, or enter into aggregation and/or distributed generation arrangements. D. Environmental Protection. 1. Support efforts to: a. Require an environmental impact report (EIR) for large prpje, cts/utility mergers. b. Obtain funds for wetlands and riparian habitat acquisition & restoration, for acquisition of land needed for multi-species habitat conservation planning, for acquisition, development & maintenance of open space, greenbelts, rivers, streams and trails, so long as these funds are not provided at the expense of other, significant programs supported by the City. c. Fund planning and land acquisition for Natural Community Conservation plans. d. Obtain funds for comprehe~xsive enviromrtental management plannnag for San Diego Bay. e. Prohibiting the granting of new leases for oil and gas development in state-owned coastal waters off San Diego County. f. Encourage the fl~stallation of water/energy conserving fixtures in new & existing buildings. g. Obtain funding for water conservation to include the construction of reclaimed water distribution systems, and fixture and irrigation system renovation and retrofit. 2 h. Encourage post-consumer recycled product use in manufacturing, residential and business applications through incentives, educations, promotions, etc. Ensure long-term agreements that provide recycling incentives and/or profitable markets for a broader rm~ge of products than are currently recycled. Require "disposal warning" labeling on household hazardous materials, which reduce the use of toxic materials, and which promote nontoxic alternatives to present materials. k. Require minimum content standards for use of recycled materials in manufacturing processes. L Provide funding for environmental enterprise incentives, specifically Recycling Market Development Zones (RMDZ). Note: The RMDZ program has been extended through 2006. Chula Vista and the City of San Diego have a signed MOU for an RMDZ partnership. Progrmn is being impIemented. m. Expand the bottle bill legislation ~-'~ ~--~ .... ~.az~c ~-'~ -~ .......... ~-- ~r ~'~-'~-- ~ to include more food and beverage packa~inK, n. Expand the number of advance disposal fees in a market-driven manner to provide recycling incentives and funding for household hazardous waste, universal wastes and electronic wastes, particularly computer monitors and television CRTs. o. Enact a statewide landfill ban on designated recyclables. Note: This would encourage development of new feedstock capacity and strengthen/stabilize long-term markets. p. Reauthorize the Federal Water Resources Act, including provisions to raise the reimbursement limit and provide reimbursement for construction expenditures. Note: With a revised reimbursement limit, Chula Vista could be eligible for up to an additiona~ $5 m/llion for further m~provements along the Telegraph Canyon Creek flood control cha~nel. q. Modify the Clean Water Act to give the City of San Diego an exemption from current "mass emission reduction" requirements. r. Limit environmental mitigation requirements for construction and maintenance of drainage facilities in urban areas, especially in developed neighborhoods, in favor of structural and other Best Mm~agement Practices. Note: At present, the City may be required to purchase mitiga~on land amounting to as much as for~r times the project size. With projects to developed neighborhoods, mitigation reqmremenls can req~ire more complex drainage improvements and the de~lica~on of larger porliorrs et the property owner's lot. s. Grant local agencies authority to file appeals with the State Water Quality Control Board (SWQCB) concen~Lng actions by a Regional Water Quality Control Board (RWQCB). t. Advance the use of low-emission and zero-emission vehicles through market incentives, credits, rebates, public/private partirerships and other innovative solutions. u. Create incentives for renewable power generation and distribution. v. Create incentives for energy-efficient building programs. w. Develop and apply a standardized state/national definition of greenpower . x. Require "truth in labeling" with respect to green power generators and providers. y. Improve the coordination of State, Federal and local agency responses to air quality control, energy and environmental protection. z. Provide State or Federal funding to construct facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. aa. Encourage development of environmentally sound techniques for treating hazardous waste to reduce its volume and eliminate any toxicity without infringing on home rule authority over the decision of whether (or when) to implement such techniques. bb. Provide funding from State, Federal or outside sources to study the water quality/toxic pollution in San Diego Bay. cc. Encourage development of water resource facilities and make improvements to the delta without imposing unfunded mandates on local governments. dd. Provide financial assistance at the Federal level to construct new and upgrade existing secondary treatment facilities in San Diego County. ee. Improve the efficiency of environmental regulations and enforcement actions of such agencies as: Department of the Interior, Corps of Engineers, Department of Commerce, National Oceanic and Ahnospheric Administration and Envirornnental Protection Agency. ff. Provide for streamlined environmental permitting processes for public works projects that are included within an adopted multiple species conservation plan that is in conformance -- with the State's Natural Community Conservation Program. 2. Oppose efforts to: a. Nullify or weaken the current climate change treaty (Kyoto Protocol) that requires the United States to reduce its greenhouse gas emissions by 7% from 1990 levels by 2010. E. Fiscal Support/Home Rule. 1. Support efforts that: a. Permit retention and control by local governments of a greater portion of revenue generated by Federal, State, and local taxes, fees and fines (e.g. vehicle code fines). b. Require the Federal goverrm~ent and State to reimburse local governments for all mandated costs or regulatory actions or that allow cities to cease performance of unfunded mandates. c. Retain maximum flexibility in the administration of Article XII1B, XIIIC and XIIID of the state constitution (XIIIB: the Gram Initiative--local expenditures are limited by population growth and CPI factors; XIIIC & D: Proposition 218). d. Expand local autonomy or the home rule authority to govern municipal affairs. e. Enhance the quality of urban life by funding the creation, improvement, or expansion of parks, libraries, community services and infrastructure, such as roads, flood control, etc. - f. Provide State/Federal funding for construction or renovation of public buildings such as community centers, libraries, civic center, etc. 4 g. Expand the sales tax base to include mail order sales/home shopping sources, internet- based commerce. h. Provide that cities and school districts can issue general obligation debt with a majority vote instead of the current 2/3-vote requirement. i. Ensure that, upon dismantling of the South Bay power plant, the City/Agency receives in- lieu revenues to replace any mordes lost as a result of plant relocation. j. Provide for fiscal reform in the form of greater rehability, certainty, and equitability of state funding for local governments. k. Reallocate sales and property taxes to the benefit of local governments. 1. Permit government agencies to pass through, to the consumer, the bank fees associated with credit card transactions. Note: The City would be better able to offer the convonience of credit card usage to area/residents, businesses ff local government were not prohibited from passing these bank costs to the consumer. m. Protect cities' ability to fund capital improvement projects through tax-exempt bonds. n. Increase the Industrial Development Bond cap. o. Promote cooperative purchasing opportunities for local government, (i.e. master agreements, California Multiple Award Schedules, State price lists) along with opportunities to process and disseminate bids via electronic means. 2. Oppose efforts to: a. Restrict the use of, or reallocate, city revenues such as Vehicle License Fee funds, Transient Occupancy Tax revenues, and Business License Tax revenues. b. Exempt residential users from the Utility users tax. c. Reallocate fines and forfeitures to the detriment of cities. d. Repeal Gas Tax exemption for Iocal agencies. e. Reallocate sales and property tax revenue to the detriment of cities. t. Limit cities' authority to enact or impose mobilehome or residential rent control. g. Limit cities' authority to: enact and assess fees to recover the full cost of providing user- specific services; recover the fuI1 costs of assessment district maintenance; license or lease use of any property within the jurisdiction of the City by telecommunication companies, utilities or cable providers. h. Infringe on home rule anthority to act on local budget and fiscal matters or other municipal affairs, or to impose mffunded mandates onto local government. i. Overhaul the California Public Records Act in a way that would: restrict cities' control of the means of access to informafion assets (e.g. computer databases, proprietary software), limit cost recovery for providing such access, or violate the privacy of the parties from whom the data was collected. j. Limit: imposition of franchise fees, taxes, or other compensation for use of public right-of- way; local rate regulation; operational oversight; or right-of-way controls on cable _ television operators and other telecommunications providers and utilities. k. Preclude cities from collecting Utility users tax (UUT) revenue on cellular or digital telephone use when negotiating UUT agreements. F. General Government. 1. Support efforts to: a. Subject the State Legislature to the same requirements for public meetings, advance agenda, etc. as currently imposed on cities through the Brown Act. b. Limit to 1% the amount of admi~tistrative costs the Board of Equalization may charge to administer local sales taxes such as San Diego's half-cent sales taxes for transportation and justice facility construction. c. Facilitate increases in Open Space District assessments by an amount not to exceed the Consumer Price Index (CPI) or higher if increased costs are beyond the control of local governments (e.g. imposed by water districts). d. Select Chula Vista as the site of a new University of California or other four-year institution, as well as efforts to facilitate such an eventual designation. e. Provide funding for Chula Vista SMART Community program, alternative fuels programs, _ and other technology-based projects. f. Fund school facility construction programs without increasing the fiscal burden of local government. g. Clarify the authority of school districts to impose facilities fees established by Ch. 887, Statutes of 1986 (AB2926). h. Return Chula Vista to a central position in the 40t~ Senate District and 79th Assembly District, respectively. 2. Oppose efforts to: a. Mandate district elections in all cities and/or school districts. b. Impose border crossing fees on the U.S./Mexico international border. c. Impose greater restrictions on local government through amendment of the Brown Act. d. Divide cities among multiple Congressional, State or Supervisorial districts. G. Housing & Community Development. 1. Support efforts to: a. Exclude redevelopment agencies from competitive bidding statutes and fair market value restrictions for resale of public properties to permit joint development of public facilities by private developers upon tindings of public benefit. b. Extend the following three Federal Low-Income Housing Programs: i. Mortgage Credit Certificate Program for low/moderate income home buyers; ii. Tax Credits for low income housing programs; and, iii. Continue funding for HUD HOME and HOPE Programs. c. Change Federal banking regulations to exempt banks from having to count financing or Letters of Credit for Iow income housing in their risk capital limit calculations. d. Provide additional or enhanced State/Federal or other assistance to first-time homebuyers, including efforts to increase funding for the City's Mortgage Credit Certificate program. e. Support principles for housing element reform legislation as recommended by the SANDAG Housing Element Advisory Committee and approved by the SANDAG Board. f. Prevent the loss of affordable housing units through federal funding for acquisition of at- risk units by non-profit agencies; and special section 8 subsidies for affected low-income tenants. g. Encourage the use of alternative dispute resolution measures as opposed to costly and time consuming litigation in condominium and townhouse construction defect challenges. Note: The proliferation of lawsuits over alleged construction defec~ has led ~o a nearly complete withdrawal from condominium/tow~ahouse co~sti'uction by the development industry throughout California. The~ attached homes are a c~tical element in the fu-s t-t~ne home buyer market h. Develop Federal and State participation and financial support for programs to provide adequate housing for the elderly, handicapped and low-income persons throughout the community. i. Maintain and create tax incentives for private revitalization of existing commercial, Industrial and housing resources where such assistance benefits the City. 2. Oppose efforts to: a. Grant the State or Federal government approval or veto authority in the implementation of local redevelopment and rehabilitation projects. b. Prohibit any state agency from making subventions, financing, insurance or any other kind of assistance, available to any city or county that has in effect any rent control measure. H. Land Use Planning. Support efforts which: a. Strengthen local governments' powers and capacity to prepare, adopt and implement plans and programs for orderly growth, development, beautification, and conservation of their planning areas. b. Are consistent with the doctrine of "home rule" and the local exercise of police powers, through the planning and zoning processes, over local land use. c. Expand the land use, conservation, and growth management policies of municipalities to the unincorporated territories within their spheres of influence. ct. Broaden local government's power to require developers and subdividers to provide the on-site and off-site facilities and infrastructure needed by their projects. e. Maximize the authority of the City to exercise local control over general plan decisions. f. Require special districts and school districts, including community colleges, to adopt facility master plans which are consistent with City and County general plans and growth management programs, and to adopt five year capital improvement programs and financing plans which are consistent with their facility master plans. g. Limit Coastal Commission authority over land use decisions outside the Coastal Zone, including those that are tied to Federal permits such as Habitat Conservation Plans and Incidental Take Permits pursuant to the Federal Endangered Species Act. 2. Oppose efforts to: a. Abridge local governments' ability to effectively plan, or regulate local land use including: amendments to the laws govern~rg the local agency formation commission (LAFCO); legislation which would financially overburden local governments in their efforts to amend planning policy, regulate land use through removal of incompatible developments, redevelop blighted areas, or annex territories which are within a city's spheres of influence. b. Site airports that would adversely impact the Chula Vista area. c. Politicize the adoption of State Mandated Building and Life Safety Codes. d. Introduce major changes to Building, Energy or Accessibility code requirements without providing sufficient time and resources for local government and industry training. I. Library. _ 1. Support efforts to: a. Provide continued augmented or full funding for the: California Public Library Fund (PLF), Library of California and California Library Services Act (CLSA), including Transaction Based Reimbursements, literacy programs and library services for all age groups. b. Provide for continued and/or augmented funding of the Federal Library Services and Technology Act. c. Fund library construction and/or renovation. d. Provide programs at both tlie State and Federal level that guarantee for libraries the largest possible discount in rates for telecommunication services, internal connections and access to the Internet. e. Preserve existh~g provisions that exempt libraries from having to act as censors of literature or information. J. Parks & Recreation. 1. Support efforts to: a. Provide State/Federal funding for such City programs as those supporting: the arts, child care, after school programs, gang prevention and diversion, and drug prevention and intervention in a community-based recreation setting. -- b. Provide funds for construction of new parks as well as renovation of deteriorating park and recreation facilities. 8 K. Public Employer-Employee Relations. 1. Support efforts to: a. Protect the rights of cities to establish conditions of employment, including hours, wages, employee benefits, the meet and confer process, appeal procedures, and management rights. b. Reform California Workers' Compensation Program to reduce pubhc costs and tighten restrictions. c. Amend the Fair Labor Standards Act to ensure that executive, administrative and professional employees still qualify as exempt. 2. Oppose efforts to: a. Impose restrictions on the scope and authority of charter cities to control theLr own health plans or retirement systems. b. Mandate the inclusion of local government employees in the Social Security System and/or Medicare. c. Increase workers' compensation benefits without also making needed reforms. d. Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or working conditiovs that are properly determined through the meet and confer process. e. Mandate binding arbitration in public employee disputes. f. Reduce local control over public employee disputes and impose regulations of an outside agency (such as PERS). g. Prohibit employers from testing employees or employment applicants for illegal substances. L. Public Liability. 1. Support efforts to: a. Change the legal principal of "joint and several liability" to protect the City against "deep pocket" hability. b. Reinforce public entity design and discretionary act immunity. c. Prohibit recovery by a plaintiff for injury where those injuries were caused as a result of avoiding a police pursuit. d. Minimize governmental financial exposure to frivolous lawsuits and improve liability protection for governmental agencies and their personnel. e. Expand the existing hst of "hazardous activities" so that pubhc entities and public employers are not liable for injuries to any individual(s) who participate in these activities (e.g. skateboarding, rollerblading). 2. Oppose efforts to: a. Further erode government immunity. _ b. Force the City to accept risks it would not normally accept in the ordinary course of business (e.g. mandating acceptance of below-grade or low-grade sureties on performance bonds or labor and materials bonds). c. Repeal Proposition 213 (1996) that prevents uninsured motorists from collecting damages, other than property damages, through litigation. Note: Trial Lawyers Assoc. hopes to repeal this measure prot~c~ng cities, among others, from undue I~abfli~. M. Public Safety. 1. Support efforts to: a. Strengthen present State and Federal laws that give local governments the power to further restrict or regulate prostitution. b. Increase penalties for the manufacture or sale for profit of dangerous drugs. c. Prohibit the sale and brandishing of replica or facsimile firearms. d. Toughen drunk driving laws, penalties or enhancements. e. Strengthen the City's ability to regulate public displays of material that is harmful to minors. f. Legalize alternative methods of police enforcement activities. _ g. Provide greater authority for police or other local agencies to control graffiti, curfews, juvenile crime and alcoholic beverage control. h. Provide funding for local public safety staffing, programs or equipment, as well as programs that foster interdepartmental or inter-agency cooperation. i. Develop a uniform "junk gun" ban that does not restrict the type of weaponry used by off- duty law enforcement officers. j. Protect local governments' ability to establish/determine the level of Emergency Medical Service (EMS) provided withh~ their own boundaries. k. Provide reimbursement to local government for "first responder" costs associated with pre~ hospital treatments such as those provided by local fire department personnel. 1. Increase municipal fundh~g for the removal of abandoned vehicles. 2. Oppose efforts to: a. Preempt local public safety ordinances. b. Reduce State/Federal funding for public safety programs. c. Reduce or impair the authority of local agencies to control graffiti, curfews, juvenile crime and other public safety issues. -- d. Change/remove date, and/or shift to the employer, the burden of proof related to all illness presumptions. N. Public Works & Transportation. 1. Support efforts to: a. Provide funding, which would complete missing freeway links; esp. SR-125 and 1-905. Note: Constxuc~ion of the Sweetwater segment of SR-125 has begun. It is in the City's best interest to ensure that completion of the project remain a high priority for the State. b. Fund local transportalion projects, including congestion mitigation measures that apply to public transit. c. Reduce municipal costs associated with CalTrans projects. d. Allow local agencies flexibility in compliance with the Americans with Disabilities Act to provide the greatest benefit to tlie local disabled population, rather than committing scarce resources to achievement of 2% maximum sidewalk and driveway slopes. e. Revise speed limit laws to allow for radar enforcement of residential street speed limits (e.g. at levels below the 85th percentile as determined by a traffic study). f. Require CalTrans to allow cities an exemption from CalTrans' public work project requirements if CalTrans is not meeting those same requirements. g. Amend PUC regulations to prohibit utilities from locating cables directly into concrete sidewalks and require said cables to be placed 24"-36" below sidewalk surfaces. Note: Engineering staff reports a growing problem in finding telephone cables embedded in the concrete sidewalks. SidewaLk reco~'~struction becomes vir taally impossible without damaging the cable lines. h. Exempt all city vehicles and transit drivers from the Biennml Inspection of Terminals program requirements for "drivers hours of service" during emergencies, similar to the exemplion granted to gas and electric companies. Note: This program was intended to regulate the tunes that commercial tzuck drivers spend on the road, but bas no exemptions for city velxicles other than those operated by the Fire Department. It unnecessarily restricts city pubhc works vehicles and hampers local governments' ability to respond to emergency situations sud~ as flooding or earthquake damages. i. Increase the priority given to public works facility funding from State and Federal sources to projects (including but not limited to roads, bridges and light-rail transit facilities) that are linked to implementation of "smart growth" policies (e.g. jobs/housing balance, transit oriented development, etc.) j. Allow cities to collect fees for use of the public right of way from currently exempt users such as telecommunications companies. k. Provide funds to assist cities in meeting the National Pollutant Discharge Elimination System (NPDES) requh'ements. 2. Oppose Efforts to: a. Further restrict deveIopment impact fees for roads, bridges, and public facilities levied against developers of property. b. Further restrict fees and assessments levied against individuals or entities receiving a special benefit. O. Redevelopment. 1. Support efforts to: a. Amend the State Community Development law to allow a jurisdiction to combine tax increment from all projects for use in a specific project. b. Extend the life of redevelopment project areas, as well as the time during which debt may be incurred or issued in those project areas. c. Facilitate the formation of Business Improvement Districts and extend the life of those districts. d. Increase funding/incentives to redevelop brown field projects e. Adjust Redevelopment Agency members pay (more than $30 per meeting, up to 4 times per month). 2. Oppose efforts to: a. Discontinue State supplemental subvention for redevelopment agencies. b. Further control or restrict the use of tax increments in redevelopment projects. c\...k2001 \memos\O21egpgm.di~2