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HomeMy WebLinkAboutReso 1992-16468 RESOLUTION NO. 16468 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 1990-91 LEGISLATIVE PROGRAM AND ADOPTING A LEGISLATIVE WORK PROGRAM FOR 1992 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in February, 1990, the City Council adopted its 1990-91 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 first half of the 1991-92 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 1991, a Legislative Work Program, attached hereto as Exhibit "B", was developed for 1992 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 1990-91 Legislative Program as set forth in Exhibit BE IT FURTHER RESOLVED that the City Council does hereby adopt the 1992 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 v~ait~m ~ /' S i@~ s Resolution No. 16468 Page 2 EXHIBIT "A" 1992 LEGISLATIVE PROGPdsJVi I. LEGISLATION WHICH CAN BE ACTED UPON DIRECTLY BE STAFF WITH CONCURRENCE OF KEGISLATIVE CO1VIM]'I'H2;E. A. Bayfront - Redevelopment. 1. Support legislation adjusting Redevelopment Agency members pay (more than $30 per meeting, up to 4 times per month). 2. Support Coordination of Federal Coastal Zone Management Act, Environmental Protection Agency (EPA) regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts. 3. Oppose efforts to further control tax increments in redevelopmerit projects. 4. Seek Port District-State Lands Commission reorganization of tidelands boundaries in cooperation with Rohr and Chula Vista Investors in an effort to make better use - of land available for development. 5. Request to provide additional funding for the Nanare Interpretive Center (NIC) exhibits in Environmental License Plate (ELP) Fund. 6. Oppose efforts to 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. 7. Support efforts which provide funding for urban waterfront restoration projects and the enhancement of the waterfront within the southern San Diego Bay. 8. Oppose efforts to discontinue the State supplemental subvention for redevelopment agencies. 9. 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. 10. Support efforts to enhance business attraction and retention (Governor's Program of Competitiveness). B. Fiscal Support - Home Rule. 1. Support efforts which: -- a. Permit retention and control by local governments of a greater portion of Resolution No. 16468 Page 3 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. Encourage efforts to 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. f. Oppose efforts to restrict or allocate the use of Transient Occupancy Tax revenues. g. Oppose efforts to exempt residential users from the Utility Users' Tax. h. Oppose efforts to reallocate fines and forfeitures. i. Oppose efforts which repeal Gas Tax exemption for local agencies. j. Support legislation which provides state/federal funding for construction or renovation of public buildings such as community centers, libraries, civic center, etc. k. Support efforts to expand the sales tax base to include mail order sales and home shopping sources. 1. Oppose efforts to reallocate sales and property tax revenue. m. Provide that cities can issue general obligation debt with a majority vote instead of the current 2/3 vote requirement. n. Support efforts to permit cities and counties to recover administrative costs from owners of impounded vehicles upon payment of towing and storage charges. C. General Government. 1. Oppose efforts to impose greater restrictions on local government through amendment of 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 Resolution No. 16468 Page 4 disclosure statement. 4. Support efforts to flee 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 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 & Community Development. 1. Support efforts which exclude redevelopment agencies from competitive bidding statues and fair market value restrictions 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. Resolution No. 16468 Page 5 b. Encourage efforts which 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. Support efforts which expand the land use, conservation, and growth management policies of municipalities to the unincorporated territories within their spheres of influence. d. 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 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. 2. Oppose efforts which abridge local government's 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 territories which are within the spheres of influence. 3. Oppose efforts to site a regional or bi-national airport in the Otay Mesa area. F. Environmental 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). 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 oil 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 Resolution No. 16468 Page 6 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. 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. 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. f. Reduce local control over public employee disputes and impose regulations of an outside agency (such as PERS). Resolution No. 16468 Page 7 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. H. Public Liability. 1. Support efforts to change the legal principal of "joint and several liability" to protect, the CiW 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 of sale for profit and/or dangerous drugs including but not limited to PCP, methamphetamine and narcotics. c. Support legislation that requires life sentences for dealers of deadly drugs and repeat offenders related to sale for profit and/or dangerous drugs. d. Support legislation which prohibits the sale and brandishing of replica or facsimile firearms. e. Support legislation to toughen drunk driving laws. Support legislation which requires notification be given to local law enforcement prior to the release of a prisoner in that County/City, g. Support legislation which strengthens the City's ability to regulate the public display of material which is harmful to minors. h. Oppose legislation which would preempt local ordinances concerning Fetal Alcohol Syndrome. i. Support legislation which increases drunk driving penalties and enhancements. Resolution No. 16468 Page 8 j. Support legislation which provides a penalty of life imprisonment for individuals convicted of selling deadly drugs for profit. k. Support legislation which would permit forfeiture of all assets of drug dealers which would then be committed to drug enforcement programs. J. Transportation. 1. Support clean-up legislation related to transportation funding. 2. Support efforts to provide funding which would complete missing links on interstates; emphasis on SR-12S. 3. Support efforts to fund transportation. Recreation. 1. Support legislation that will allow for State/Federal funding for City arts programs. 2. Support legislation which provides for State/Federal funding for Child Care programs. ' 3. Support legislation which provides for State/Federal funding for gang prevention and diversion in community-based recreation setting. 4. Support legislation which provides for State/Federal funding for Drug Prevention and Intervention programs in community based recreation setting. II. LEGISLATIVE ITEMS REQUIRING FORMAL COUNCIL ACTION. A. Bayfront - Redevelopment. 2. Support consolidate control and administration of environmental regulations and enforcement; presently in Department of Interior; Corps of Engineers; Department of Commerce; (NOOA); Environmental Protection Agency (EPA). B. Environmental Protection. 2. 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 Resolution No. 16468 Page 9 hazardous waste to reduce its volume and eliminate any toxicivy. 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. Obtain financial assistance at the federal level to construct new and upgrade existing secondar3' treatment facilities in San Diego County. g. Form a Special Act District, consistent with established Council direction and policy, for regional administration of the San Diego Metropolitan Waster Water Treatment System. C. General Government. 1. Support efforts to fund school facility construction programs. 2. Support efforts to clarify the authority of school districts to impose facilities fees established by CH 887, Statutes of 1986 (AS 2926). D. Housing and Community 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. c. Support legislation to fund the removal of abandoned vehicles. d. Establish an abandoned vehicle program allowing the immediate removal by the City of junk/abandoned vehicles. Resolution No. 16468 Page 10 Resolution No. 16468 ~? e 11 Resolution No. 16468 Page 12 ~o : z c o Resolution No. 16468 Page 13 Resolution No. 16468 - Page 14 Resolution No. 16468 Page I5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of January, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader Rindone NOES: Councilmember: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim ~de~, ~ayor ATTEST: Beverly~r/A. ~uthelet, 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. 16468 was duly passed, approved, and adopted by the City Council held on the 21st day of January, 1992. Executed this 21st day of January, 1992. Beveriy~J~Y. AG(<e~rk