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HomeMy WebLinkAboutReso 1995-17805 RESOLUTION NO. 17805 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A 1995-96 LEGISLATIVE PROGRAM AND LEGISLATIVE WORK PROGRAM WHEREAS, Council Policy 300-01, dated January 1987, provides for the adoption of a City Legislative Program; and, WHEREAS, in December, 1992, the City Council adopted its 1993-94 Legislative Program in order to set forth the guidelines for reviewing and establishing a City position related to State and Federal legislation and policies; and, WHEREAS, a revised 1995-96 Legislative Program to reflect issues and address concerns raised during the 1993-94 State Legislative Session is contained in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full; and, WHEREAS, as a result of discussions between City staff, department heads, Advocation, Inc. and members of the Legislative Committee and City Council, a Legislative Work Program, attached hereto as Exhibit "B", was developed for 1995-96 to guide the work of staff and Advocation, Inc. regarding issues of immediate concern; and, WHEREAS, said Legislative Program and Work Program 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 1995-96 Legislative Program as set forth in Exhibit "A". BE IT FURTHER RESOLVED that the City Council does hereby adopt the 1995-96 Legislative Work Program as set forth in Exhibit "B". BE IT FURTHER RESOLVED that staff and the Legislative Committee are hereby authorized to implement these programs. Presented by A ed f r/' ~" Bruce Boogaard ity M ager City Attorney Resolution No. 17805 Page 2 1995-96 (}IUI,A VISTA I.F. GISLATIVE PROGRAM I. LEGISLATION WI-IICIt ~ BE AL-rFI) LIPON DIRECTLY BY STAFF VVITI-I CONCURRENCE OF LEGISL,A_]]VE CO1Vffdll-rl~E. A, Bayfront - RedevelopxneuL ]. 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 additional funding for the Chula Vista Nature Center exhibits from the Environlnental License Plate (ELP) Fund. c.Amend the State Community Development law so as to allow a jurisdiction to combine tax increment from all projects for use in a specific project. d.Adjust Redevelopment Agency members pay (more than $30 per meeting, up to 4 times per month). e. Seek Port District-State Lands Commission reorganization of tidelands boundaries in cooperation with Rohr and bayfront developers in an effort to make better use of land available for development. 2. Oppose efforts to: a. Discontinue State supplemental subvention for redevelopment agencies. b. Further control tax increments in redevelopment projects. B. Fiscal Support - Home Rule. 1. Support efforts to: a. Permit retention and control by local governments of a greater portion of revenue generated by Federal, State, and local taxes. b.Require the Federal government and State to reimburse local governments for all mandated cost or regulatory actions or which allow cities to cease performance of unfunded mandates. (NOTE: Unfunded mandate legislation, as recently introduced in the U.S. Senate as S. 1, is currently leaning toward allowing state and local governments to "opt out" of mandates which are not fully funded.) c. Retain maximum flexibility in the administration of Article XIIIB of the state constitution (the Gann Initiative--local expenditures are limited by population growth and CPI factors.) .11 Resolution No. 17805 Page 3 d. Expand local autonomy or the home rule authority to govern munidpal affairs. e. Enhance the quality of urban life by ftmding the creation, improvement, or expansion of parks, libraries and community sexvices. Provide state/federal funding for construction or renovation of public buildings such as community centers, libraries, civic center, etc. g. Expand the sales tax base to include mail order sales and home shopping sources. 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. Deleted 2/7/95 (NOTE: Efforts to receive state authorization (AB 1497; co-sponsored by San Diego and Chula Vista) were abandoned in 1992, with many cities now charging the fees without a specific authorization. Chula Vista began charging these fees in August, 1994, with monthly revenues so far of approximately $10,000.) j. Adjust the unitary tax roll procedures so that the jurisdiction in which major utility projects are constructed receives substantially more fiscal benefit than is currently provided for. k. Provide for fiscal reform in the form of greater reliability, certainty, and equitability of state ~r-. funding for local governments. 2. Oppose efforts to: a. Restrict or allocate the use of Transient Occupancy Tax revenues. b. Exempt residential users from the Utility Users' Tax. c. Reallocate fmes and forfeitures. d. Repeal Gas Tax exemption for local agencies. e. Reallocate sales and property tax revenue to the detriment of local governments. Limit cities' authority to enact or impose mobilehome or residential rent control. (NOTE: This has been the intent of several recent bills, such as AB 122, AB 1320 and AB 3578) g. Limit cities' authority to enact and assess fees to recover the full cost of providing user- specific services. (NOTE: Aside from AB 1600, which placed significant limits on assessment of development fees, several bills regulate or propose to regulate when cities may charge fees for services. Examples include booking fee legislation and SB 95, last yearns attempt to broaden the Public Records Act.) Resolution No. 17805 Page 4 h. Infringe on home rule authority to act on local budget and fiscal matters or other municipal affairs. (NOTE: Converse of l.B.l.d. Efforts are frequently made at the state level to mandate expenditure levels on particular items, such as education and public safety via Proposition 98 and AB 2788 or to subject local actions to approval by the state or electorate, such as was defeated in last year's ACA 45 .) i. Overhaul the California Public Records Act in a way that would: restrict cities' control of the means of access to information 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. (NOTE: SB 95, which is expected to resurface this year would threaten the investment dries make in eomputerized databases by mandating that all information be available free of charge. The way this proposal has been written, it would allow a private business to demand a free copy of Chnla Vista's GIS system or other databases. That business would then be permitted to package and sell the information contained in that database with no obligation to compensate the City for its work in building or maintaining that database.) 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 dries through the Brown Act. b. Eliminate the State's requirement which mandates Project Committee and/or Boards & Commissions members to complete a llnancial disclosure statement. c. Free the sample ballot of campaign rhetoric and distortion. d. deleted 2/7/95 (NOTE: Records are currently verified/purged from the rolls by mailing a response card following a Presidential election in which a voter did not vote. Staff sees this as a sufficient method of purging the rolls and recommends this item not remain a City legislative priority.) e. Limit to 1% the amount of administrative costs the Board of Equalization may charge to administer local sales taxes such as San Diego's 1/2 cent sales taxes for transportation and justice facility eonstrnetion. f. Allow gambling on international cruises, regardless of the number of U.S. stops. (NOTE: Current law only allows gambling on en~ses directly to and from the U.S. This has led cruise lines leaving Los Angeles for Mexico to eliminate most stops at the Port of San Diego.) g. Facilitate increases in Open Space District assessments by an amount not to exceed the Consumer Price Index (CPI). Resolution No. 17805 Page 5 (NOTE: Current restrictions on special assessments, and other "reauthorization" or protest proposals, such as ACA 45, infringe on the Cit3?s ability to recover the costs of water utility increases and other effects of inflation.) 2. Oppose efforts to: a. Mandate district elections in all cities and/or school distxicts. b. l.ira{t: imposition of franchise fees, taxes, or other compensation for use of public right-of- way; local rate reguladon; operational oversight; or right-of-way controls on cable television operators and other telecommunications providers and utilities. (NOTE: Last yeais failed S 1822 would have eliminated most local regulation of cable and telephone services to pave the way for flee competition on the Information Superhlghway. New attempts at the same goal threaten franchise fee revenue (approximately $410,000) and open up the City's roads---literally---to unchecked trenching by a rush of deregulated companies looking to install fiberopdc or cable wires.) c. Bail out Orange Countys investment crisis with state taxpayer funds (NOTE: As referred by the City Council) D. Housing & Community Devdopment. i"" 1. Support efforts to: a. Exclude redevelopment agencies from competitive bidding statues and fair market value restrictions for resale of public properties to permit joint development of public fadlities by private developers upon findings of public benefit. b. Extend the following three Federal Low-Income Housing Programs: i. Mortgage Credit Cerdficate 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 Fmancing or Letters of Credit for low income housing in their risk capital limit calculations. d. FinanceanddevelopadditionalstateVeteranshome(s)andsitesuchahomeinChulaVista. (NOTE: Medical Center Drive site is currently under consideration for a $32 million facility and an initial funding package from California Veterans Services Officers.) 2. Support printpies for housing element reform legislation as recommended by the SANDAG Housing Element Advisory Committee and approved by the SANDAG Board. (NOTE: Several competing efforts have been made to reform housing element law. SANDAG has taken the lead on representing County agencies' interests on this issue. This position is recommended to facilitate Chula Vista taking a formal position concurring with SANDAG Resolution No. 17805 Page 6 decisions on this subject.) 3. 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 which has in effect any rent control measure. E. Economic Development. (NOTE: This new section has been added to support funding for Chula Vista economic development initiatives, programs which benefit Chula Vista businesses, and programs to enhance California's competitiveness. Support efforts to: 1. Enhance California's overall business climate. 2. Provide funding, programmatic support or other assistance to the Border Environmental Commerce Alliance, Border Environmental Technology Resource Center, and Border Environmental Business Cluster, and to the Chula Vista High Tech/Biotech Zone, proposed contract biotech pharmaceutical pilot manufacturing facility, and other Chula Vista economic development initiatives. 7' 3. Establish a California Trade and Commerce Agency-sponsored Business Environmental Assistance Center (BEAC) satellite facility in Chula Vista, possibly at the Border Environmental Technology Resource Center. 4. Continue or enhance funding of: a. California Trade and Commerce Agency b. U.S. Department of Commerce, Economic Development Administration (EDA) c. U.S. Housing and Urban Development (HUE)) business assistance programs d. Export assistance, defense conversion, job training and other economic development programs for which Chula Vista businesses would qualify and secure such funding for Chula Vista projects and/or businesses. S.Create or enhance targeted business assistance programs (such as state Enterprise Zones or federal Empowerment Zones) with eligibility criteria that would include Chula Vista. 6. Create or enhance programs which support international cross-border commerce. 7.Increase the flexibility of the use of HUD Community Development Block Grant funds as they relate to general economic development projects and programs. 8. Increase flexibility of the California redevelopmerit laws as they relate to general economic development programs. Resolution No. 17805 Page 7 F. Land Use plnnnln~ 1. Support efforts to: a. Strengthen local govemmenfs powers and capacity to prepare, adopt and implement fiscal 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. d. Broaden local governmenes power to require developers and subdividers to provide the on- site and off-site fadlides and infrastructure needed by their projects. e. Maximize the authority of the City to exercise local control over general plan decisions. f. Require special disuicts 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 fadlity master plans. g. Permit processing/provide funding for a Master EIR for biomedical/biotech industrial development in Chnia Vista. 2. Oppose efforts to: a. Abridge local governinches ability to effectively plan, or regulate local land use including: amendments to the laws governing local agency formation (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 the spheres of influence. b. Site a regional or bi-national airport in the Otay Mesa area. G. EnvironmeaUd ProteCtion. 1. Support efforts to a. Require an environmental impact report (EIR) for large projects/utility mergers. b. Obtain funding for wetlands and riparian habitat acquisition and restoration, and funding for acquisition of land needed for multi-species habitat conservation planning. c. Fund planning and land acquisition for Natural Community Conservation plans created by AB 2172 (Kelley) (1991). d. Obtain funding for a comprehensive environmental management planning effort for San Diego Bay. mITT Resolution No. 17805 Page 8 e. Prohibiting the granting of new leases for oll and gas development in state-owned coastal waters off of San Diego County. f. Encourage the installation of water conserving fixtures in existing residences and businesses. g. Obtain funding for water conservation to include the construction of reclaimed water distribution systems, and fixture and irrigation system renovation and retrofit. h. Develop an ongoing, reliable statewide funding source to acquire, develop and/or maintain open space, greenbelts, rivers, streams and trails. i. Expand and utilize existing landfills in the county. Encourage post-consumer recycled products use in manufacturing, residential and business applications through incentives, education, promotions, etc. k. Truth in labeling efforts which identify a produces regional recydability, and its post- consumer recycled content. I. Require "disposal warning" labeling on household hazardous materials, which reduce the use of toxic materials, and which promote nontoxic alternatives to present materials. m.Require minimum content standards for use of recycled materials in manufacturing processes. n. Provide ftmding for environmental enterprise incentives. o.Reauthorize AB 1467, Chapter 1259, Statutes of 1993, providing state payments to agencies which operate curbside recycling programs. (NOTE: State support under this law helps subsidize the city's curbside recycling program. This law expires at the end of FY 94-95.) 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 an additional $1 to $3 million for further improvements along the Telegraph Canyon Creek flood control channel.) q. Modify the Clean Water Act to give the City of San Diego an exemption rather than a waiver from the requirement of upgrading the Point Loma treatment plant to a secondary treatment facility or providing reclaimed water. (NOTE: Existing mandates carry a potential cost of $1.7+ billion to San Diego County--- approximately $130 million to Chula Vista. Reclaimed water would add a cost of $10 per residence per month. An exemption from these requirements would provide greater/more lasting cost protection than a waiver.) q.Limit environmental mitigation requirements for construction and maintenance of drainage facilities in urban areas. Resolution No. 17805 Page 9 (NOTE: At present, the city may be required to purcliase mitigation ]a~d amountiag to as much as four dmes the project size.) L Repeal .z~ 3158, Ch. 1706, Statutes of 1990 (Fish and Game fees) (NOTE: This law requires all project applicants and public agencies subject to CEQA to pay the Department of Fish and Game a filing fee of $1,250 for projects requiring negative declarations and $850 for those requiring Environmental Impact Reports.) s. Grant local agencies authority to file appeals with the State Water Quality Control Board (SWQCB) concerning actions by a Regional Water Quality Control Board (RWQCB). (NOTE: San Diego's RWQCB actions have not always taken Chula Vista's best interests into consideration. The City currently lacks an effective recourse.) H. Public Employer-Employee Relations. 1. Support efforts to: a. Protect the rights of City's 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 public 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 their own health plans or retirement systems. b. Mandate the inclusion of local government employees in the Social Security System and/or Mediare. e. Increase workers' compensation benefits without also making needed reforms. d. Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or working conditions which are properly determined through the meeting and confer process. e. Mandate mental health coverage in group health insurance plans. f. Reduce local control over public employee disputes and impose regulations of an outside agency (such as PERS). g. Prohibit an employer from testing an employee or applicant for employment for illegal substances. Resolution No. 17805 Page 10 L Public l.i.Nlity. 1. Support efforts to: a. Change the legal principal of "joint and several liability" to protect the City against "deep pocket" liability. 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. Enact tort liability reform (NOTE: To minimize governmental financial exposure from frivolous lawsuits, both the state legislature and Congress are expected to introduce various tort reform proposals.) 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, such as in the case of mandating acceptance of below-grade or low-grade sureties on performance bonds or labor and materials bonds. (NOTE: This was done recently in Civil Code §995.660 and .670. Such mandates can result from special interest legislation from insurance or financial industries.) J. Public Safety. 1. Support efforts to: a. Strengthen present State and Federal laws which give local governments the power to further restrict or regulate prostitution. b. Increase penalties for the manufacture or sale for profit of dangerous drugs including but not limited to PCP, methamphetamine and narcotics. (NOTE: See former item h.; redundant) c. Prokibk the sale and brandishing of replica or facsimile firearms. d. Toughen drunk driving laws, penalties or enhancements. (NOTE: See former item g.; redundant) e.Require notification be given to local law enforcement prior to the release of a prisoner in that County/City. LStrengthen the City's ability to regulate the public display of material which is harmful to minors. Resolution No. 17805 Page 11 ~.~ g, deleted 2/7/95 h. deleted 2/7/95 i. Permit forfeiture of all assets of drug dealers which would then be committed to drug enforcement programs. j. Allow tagging (i.e. serialized identification) of beer kegs in an effort to reduce under age consumption of alcoholic beverages. k. Permits the staffing of Photo Radar posts by properly trained non-sworn personnel. 1. Permits the issuance of a photo radar citation to trigger the arrest warrant process. m. Provide greater authority for police or other local agencies to control graffiti, curfews, juvenile crime and alcoholic beverage control. (NOTE: SB 1779, AB 3805, AB 3797, AB 2742, and AB 2897 are examples of new laws which have given Police departments a greater role in fighting juvenile crimes and blight caused by overconcentrated or poorly-managed liquor stores.) n. Provide funding for local police staffing, programs or equipment. (NOTE: The 1994 Ca-line bill was a great help in this area--Ghula Vista has received f'~ preliminary approval to hire four new officers, with a promise of partial federal funding of ! approximately $100,000 per year for three years.) 2. Oppose efforts to: a. Preempt local ordinances concerning Fetal Alcohol Syndrome. b. Overturn or reduce the funding for items contained in the federal Crime Act of 1994. (NOTE: Congress has expressed some interest in rewriting the 1994 Crime Bill, particularly the prevention portions of it such as funding for midnight basketball programs. Current proposals---HR 3 and S 3---would recast the Crime Bill as state or local block grants, with final funding yet to be determined. Approximate funds at stake for Chula Vista: $116,000) K, Public Works/Transportation. 1. Support efforts to: a. Enact clean-up legislation related to transportation funding. b. Provide funding which would complete missing freeway links; emphasis on SR-125 and 1- 905. (NOTE: Private tall-road funding for 1-905 may provide needed boost to complete this transit corridor and take additional traffic off Chula Vista surface streets leading to 1-80S .) c. Fund local transportation projects. Resolution No. 17805 Page 12 d. Reduce munidpal costs associated with CALTRANS projects. e.Amend the Transit Development Act (TDA) to allow bus advertising revenue to be earmarked for discounted youth transit passes or other non-traditional programs. (NOTE: As referred by the City Council.) L Allow local agencies flexibility in compliance with the Americans with Disabilities Act to provide the greatest benefit to the local disabled population, rather than committing scarce resources to achievement of 2% maximum sidewalk and driveway slopes. (NOTE: As referred by the City Council) k Recreation. 1. Support efforts to: a. Provide state/federal funding for City programs in: the arts; child care; gang prevention and diversion, and drug prevention and intervention in a community-based recreation setting. Mo Library. Support efforts to: 1. Provide for continued funding of: the state Public Library Fund (PLF), California Library Services Act (CLSA), Library Services and Construction Act (LSCA), literacy programs, and library construction and renovation. IL LEGISLATIVE ITEMS REQUIRING FORMAL COUNCIL ACTION. k Bayfront- RedevelopmenL 1. Support efforts to: a. Consolidated control and administration of environmental regulations and enforcement; presendy in Department of interior; Corps of Engineers; Department of Commerce; National Oceanic and Atmospheric Administration (NOAA); Environmental Protection Agency (EPA). b.Coordinate Federal Coastal Zone Management Act, Environmental Protection Agency (EPA) regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts. c. Enhance business attraction and retention (Governor's Program of Competitiveness). 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 which they represent. TI T I r · ~ F Resolution No. 17805 Page 13 Ea~_toameat~l l~otectlon. 1. Support efforts to: a. Approve the coordination of State, Pederal a~d local agenc7 responses to air quality control, ener~n], and environmental protection. b. Seek ftmds for fadlities to capture and t~eat the flow of raw sewage entering San Diego from Tijuana. c. Encourage development of environmentally sound techniques for treating hazardous waste to reduce its volume and eliminate any toxicity. d. Provide funding to study the water quality/toxic pollution in San Diego Bay. e, Encourage development of water resources facilities and make improvements to the delta. f. Obtain financial assistance at the federal level to construct new and upgrade existing secondary treatment facilities in San Diego County. 1. Support efforts to: (~' a, Fund school facility construction programs, b. To clarify the authority of school districts to impose facilities fees established by CH 887, Statutes of 1986 (AB 2926). c, Authorize cities to establish special assessments for specified local services, subject to approval by the local electorate. (NOTE: Special property assessment legislation is frequently introduced to provide additional options for funding such items as police services and equipment, library services, and business district improvements. 2. Oppose efforts to: a. Impose greater restrictions on local government through amendment of the Brown Act. 3. Watch efforts to: a. Impose border crossing fees on the U.S./Mexico international border. D. Housing and Comraunity DeveloplnenL 1. Support efforts to: a. Develop Federal and State participation and Financial support for creative programs to provide adequate housing for the elderly, handicapped, and low-income persons throughout Resolution No. 17805 Page 14 the community. b. Maintain and create tax incentives for private revitalization of existing commercial, industrial and housing resources where such assistance benefits the City. E. Public Safety. 1. Support efforts to: a. Increase municipal funding for the removal of abandoned vehicles. 2. Oppose efforts to: a.Change/remove date and/or slfift to the employer the burden of proof related to fire fighter cancer presumption. b. Shift to the employer the burden of proof related to Public Safety AIDS presumption. Resolution No. 17805 Page 15 o o Resolution No. 17805 Page 16 ::: ~ ~' ~ Resolution No. 17805 Page 17 Resolution No. 17805 Page 18 Resolution No. 17805 Page 19 ............ T' ................ =~ r Resolution No, 17805 Page 20 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of February, 1995, by the following vote: YES: Councilmembers: Fox, Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~O~, Mayor ATTEST: ~e~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17805 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of February 1995. Executed this 7th day of February, 1995.