HomeMy WebLinkAboutReso 1992-16914 RESOLUTION NO. 16914
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE 1992 LEGISLATIVE PROGRAM FOR 1993 AND
ADOPTING A LEGISLATIVE WORK PROGP~AM FOR 1993
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, in January, lg92, the City Council adopted its 1992 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, amendments to the Legislative Program to reflect issues and
address concerns raised during the 1991-92 State Legislative Session are
contained in Exhibit "A", attached hereto and incorporated herein by reference
as if set forth in full; and,
WHEREAS, as a result of meetings between City staff, Advocation, Inc. and
members of the City Council in November 1992, a Legislative Work Program,
attached hereto as Exhibit "B", was developed for 1993 to guide the work of staff
and Advocation, Inc. regarding issues of immediate concern; and,
WHEREAS, Exhibits "A" and "B" have been reviewed by the Legislative
Committee and reflect their comments as well as input from the City Council and
department heads.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the 1992 Legislative Program as set forth in Exhibit "A",
and as amended, same shall be known as the lg93 Legislative Program of the City
of Chula Vista.
BE IT FURTHER RESOLVED that the City Council does hereby adopt the 1993
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 Appr a~ t~fo by~/~/
~Mo '~//f I ~ty Attorney
Si rris
Assistant City Manager ~Tuce Boogaard '
Resolution No. 16914
Page 2
EXHIBIT "As
1993LEGISLATIVEPROGRAM
I. LEGISLATION WHICH CAN BE AL-i-ED tlPON DIRECTLY BE STAFF ~VI'I'H CONCURRENCE OF
LEGISLATIVE C,0]VilVIrI-I]~E.
A. Ba~f~nt - RedevdopmenL
1. Support legislation adjusting Redevelopment Agency members pay (more than $30
per meeting, up to 4 times per month).
2. Oppose efforts to further control tax increments in redevelopment projects.
3. Seek Port District-State Lands Commission reorganization of tide]ands boundaries
in cooperation with Rohr and Chula Vista Investors in an effort to make better use
of land available for development.
4. Support legislation to provide additional funding for the Nature Interpretire Center
(NIC) exhibits from the Environmental License Plate (ELP) Fund.
S. Support efforts which provide funding for urban waterfront restoration projects and
the enhancement of the waterfront within the southern San Diego Bay.
6. Oppose efforts to discontinue State supplemental subvention for redevelopmerit
agencies.
7. Support efforts to 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.
B. Fiscal Support - Home Rule.
1. Support efforts which:
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.
' c. Retain maximum flexibility in the administration of Article XIIIB (the Gann
Initiative).
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 and community services.
Resolution No. 16914
Page 3
f. 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 marl 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. Permit cities and counties to recover administrative costs from owners of
impounded vehicles upon payment of towing and storage charges.
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
equitabflity of state funding for local governments.
2. Oppose efforts which:
a. Restrict or allocate the use of Transient Occupancy Tax revenues.
b. Exempt residential users from the Utility Users' Tax.
c. Reallocate fines and forfeitures.
d. Repeal Gas Tax exemption for local agencies.
e. Reallocate sales and property tax revenue to the detriment of local
governments.
C. General Government.
1. Support efforts to subject the State Legislature to the same requirements for public
meetings, advance agenda, etc. as currently imposed on cities through the Brown
Act.
2. Oppose efforts to mandate district elections in all cities and/or school districts,
3. Support legislation to eliminate the State's requirement which mandates Project
Committee and/or Boards & Commissions members to complete a financial
disclosure statement.
4. Support efforts to free the sample ballot of campaign rhetoric and distortion.
5. Support efforts to return the "positive purge" method of removing excess names
from the voter registration roles.
6. Support efforts to limit to 1% the amount of administrative costs and Board of
Equalization may charge to administer local sales taxes such as San Diego's 1/2
Resolution No. 16914
Page 4
cent sales taxes for transportation and justice facility construction.
7. Oppose legislation which would limit franchise fees/taxes imposed on cable
television operators and utilities.
D. Homing & C~mm'~miP1 DevdopmenlL
1. Support efforts which exclude redevelopment agencies from competitive bidding
statues and fair market value reslzictions for resale of public properties to permit
joint development of public facilities by private developers upon findings of public
benefit.
2. Oppose efforts which grant the State or Federal government approval or veto
authority in the implementation of local redevelopment and rehabilitation projects.
3. Oppose efforts to 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.
4. Support extension of the following three Federal Low-Income Housing Programs:
a. Mortgage Credit Certificate Program for low/moderate income home
buyers;
b. Tax Credits for low income housing programs; and,
c. Continue funding for HUD HOME and HOPE Programs.
5. Support change in Federal banking regulations to exempt banks from having to
count financing or Letters of Credit for low income housing in their risk capital
limit calculations.
E. Land Use Planning.
1. Support efforts which:
a. Strengthen local government's 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 doctzine 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 facilities and infrastructure needed by
Resolution No. 16914
Page 5
their projects.
e. Maxlmize the authority of the City to exercise Local Control over general
plan decisions.
f. Require special districts 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. Permit processing/provide funding for a Master EIR for biomedical/biotech
industrial development in Chula Vista.
2. Oppose efforts which abridge local governmenfs ability to effectively plan, or
regulate local land use including amendments to the laws governing the local
agency formation (LAFCO). Specifically toward legislation which would financially
overburden local governments during the course of their efforts to amend planning
policy, regulate land use through removal of incompatible developments, redevelop
blight areas, or annex ten-itories which are within the spheres of influence.
3. Oppose efforts to site a regional or hi-national airport in the Otay Mesa area.
F. Envlronrna~.!ltal Protection.
1. Support efforts to require an environmental impact report (EIR) for large
projects/utility mergers.
2. Support efforts to obtain funding for wetlands and riparian habitat acquisition and
restoration, and funding for acquisition of land needed for multi-species habitat
conservation planning.
3. Support efforts to fund planning and land acquisition for Natural Community
Conservation plans created by AB 2172 (Kelley) (1991).
4. Support efforts to obtain funding for a comprehensive environmental management
planning effort for San Diego Bay.
5. Support measures prohibiting the granting of new leases for off and gas
development in state-owned coastal waters off of San Diego County.
6. Support efforts which encourage the installation of water conserving fixtures in
existing residences and businesses.
7. Support efforts to obtain funding for water conservation to include the construction
of reclaimed water distribution systems, and fixture and irrigation system
renovation and retrofit.
8. Support legislation that will develop an ongoing, reliable statewide funding source
to acquire, develop and/or maintain open space, greenbelts, rivers, streams and
trails.
Resolution No. 16914
Page 6
9. Support efforts to expand and utilize existing landfills in the county.
10. Support efforts which encourage post-consumer recycled products use in
manufacturing, residential and business applications through incentives, educations,
promotions, etc.
11. Support truth in labeling efforts which identify a produces regional recyclability,
and its post-consumer recycled content.
12. Support efforts which require 'disposal warning' labeling on household hazardous
materials, which reduce the use of toxic materials, and which promote nontoxic
alternatives to present materials.
13. Support efforts to require minimum content standards for use of recycled materials
in manufacturing processes.
14. Support efforts to provide funding for environmental enterprise incentives.
G. Public Employer-Employee Relations.
1. Support efforts to 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.
2. Oppose efforts which:
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 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 conditions which are properly determined through the
meeting and confer process.
e. Mandate mental health coverage in group health insurance plans.
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.
3. Support efforts to reform California Workers' Compensation Program to reduce
public costs and tighten restrictions.
4. Support legislation amending the Fair Labor Standards Act so that executive,
Resolution No. 16914
Page 7
administrative and professional employees would still qualify as exempt even if they
are not paid on a true salary basis.
H. Public Liability.
1. Support efforts to change the legal principal of "joint and several liability" to
protect, the City against 'deep pocket' liability.
2. Support efforts to reinforce public entity design and discretionary act immunity.
3. Oppose efforts to further erode government toward immunity.
4. Support legislation which would prohibit recovery by a plaintiff for injury where
those injuries were caused as a result of avoiding a police pursuit.
I. Public Safety.
1. Encourage efforts to strengthen local law enforcement.
a. Support efforts that strengthen present State and Federal laws which give
local governments the power to further restrict or regulate prostitution.
b. Support legislation that increases penalties for the manufacture or sale for
profit of dangerous drugs including but not limited to PCP,
methamphetamine and narcotics.
c. Support legislation which prohibits the sale and brandishing of replica or
facsimile firearms.
d. Support legislation to toughen drunk driving laws.
e. Support legislation which requires notification be given to local law
enforcement prior to the release of a prisoner in that County/City.
f. Support legislation which strengthens the City's ability to regulate the
public display of material which is harmful to minors.
g. Oppose legislation which would preempt local ordinances concerning Fetal
Alcohol Syndrome.
h. Support legislation which increases drunk driving penalties and
enhancements.
i. Support legislation which provides a penalty of life imprisonment for
individuals convicted of selling deadly drugs for profit.
j. Support legislation which would permit forfeiture of all assets of drug
dealers which would then be committed to drug enforcement programs.
k. Support legislation which would allow tagging (i.e. serialized
Resolution No. 16914
Page 8
identification) of beer kegs in an effort to reduce under age consumption
of alcoholic beverages.
1. Support legislation which permits the staffing of Photo Radar posts by
properly trained non-sworn personnel
m. Support legislation which permits the issuance of a photo radar citation to
trigger the arrest warrant process.
J. Trar~por~ation.
Support clean-up legislation related to t~ansportation funding.
2. Support efforts to provide funding which would complete missing links on
interstates; emphasis on SR-125.
3. Support efforts to fund transportation.
4. Support efforts to reduce municipal costs associated with CALTRANS projects.
K, Recreation.
1. Support legislation that will allow for State/Federal funding for City arts programs.
2. Support legislation which provides State/Federal funding for Child Care programs.
3. Support legislation which provides State/Federal funding for gang prevention and
diversion in community-based recreation setting.
4. Support legislation which provides State/Federal funding for Drug Prevention and
Intervention programs in a community-based recreation setting.
L, Library.
1. Support legislation which provides for continued state funding of the Public Library
Fund (PLF) and California Library Services Act (CLSA).
2. Support legislation which continues to provide for State/Federal funding for literacy
programs.
3. Support legislation which provides for State/Federal funding of library construction
and renovation.
4. Support legislation which provides for continued State/Federal funding of the
Library Services and Construction Act (LSCA).
Resolution No. 16914
Page 9
H. LEG1SLATIV~ ITEMS REQUIRING FORMAL COUNCIL ACTION.
Bayfront - RedevelopmenL
1. Support consolidate control and administration of environmental regulations and
enforcement; presently in Deparnnent of Interior; Corps of Engineers; Department
of Commerce; (NOOA); Environmental Protection Agency CEPA).
2. Support Coordination of Federal Coastal Zone Management Act, Environmental
Proection Agency (EPA) regulations and State Coastal Act, in an effort to eliminate
duplicate efforts.
3. Oppose efforts to reduce the number of San Diego Unified Port District
Commissioners and/or require commissioners to be elected members of the City
Councfi which they represent.
4. Support efforts to enhance business attraction and retention (Governor's Program
of Competitivehess).
B. Environmental Protection.
1. Support efforts which:
a. Approve the coordination of State, Federal and local agency responses to
air quality control, energy, and environmental protection.
b. Seek funds for facilities to capture and treat 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 treaunent facilities in San Diego County,
C. General C~vermnant.
1. Support efforts to fund school facfiity construction programs.
2. Support efforts to clarify the authority of school districts to impose facilities fees
established by CH 887, Statutes of 1986 (AB 2926).
Resolution No. 16914
Page 10
3. Oppose efforts to improse greater restrictions on local government through
amendment of the Brown Act.
D, Housing and COrnrnllllity Development.
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 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. Oppose efforts to:
a. Change/remove date and/or shift, to the employer, the burden of proof
related to firefighter cancer presumption.
b. Shift to the employer, the burden of proof related to Public Safety Aids
presumption.
2. Support efforts to:
a. Increase municipal funding for the removal of abandoned vehicles.
Resolution No. 16914
Page 11
Resolution No. 16914
Page 12
Resolution No. 16914
Page 13