HomeMy WebLinkAbout2007/12/06 Item 2
CITY COUNCIL &
REDEVELOPMENT AGENCY
AGENDA STATEMENT
~!~ OTY OF
~CHUlA VISTA
DECEMBER 6, 2007, Item~
ITEM TITLE:
RESOLUTION AMENDING COUNCIL POLICY 300-01
RESOLUTION APPROVING THE 2008 LEGISLATIVE PROGRAM
GOVERNMENT RELATIONS LIAISON ~
CITY MANAGER ~ """ 'J) 6-
ASSISTANT CITY MANAGER 'Vtf ~ S T
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES D NO [!]
BACKGROUND
Council Policy 300-01 (adopted 1/13/87, amended 11/25/03) established the procedures and guidelines for the
review oflegislative matters affecting the City of Chula Vista. The proposed amendments will:
. Revise section l.b.(l) of the policy to bring the time line for presenting funding requests to the United States
Congress and California State Legislature into conformance with the federal and state earmark submittal
processes, and
. Add section l.b. (4) to the policy for monitoring legislation of interest to the City,
The Legislative Program represents the City Council's position on items likely to be acted upon by the California
State Legislature, United States Congress, or various administrative agencies. By adopting a Legislative Program
at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista is able to take a
proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under
Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Adopt the Resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
2-1
Item 2.
DISCUSSION
Background on the Legislative Policv
Council Policy 300-0 I (adopted by Resolution 12879) established the procedures and guidelines for the review
of legislative matters affecting the City. This policy provides for a formal Legislative Program that reflects the
Council's general preferences on bills to be supported or opposed. The policy also states that the Legislative
Committee shall serve as the initial reviewing body on legislative recommendations forwarded from the City
Manager's office. Should the Committee deem it necessary, or should a proposal that merits support or
opposition fall outside the guidelines of the Legislative Program, the Policy states that the full Council will
review and vote to support or oppose the legislation.
The current policy states that:
. On or before April I of each year, the City Manager shall request department heads to submit proposals for
possible funding through the State budgetary process
. On or before May I of each year departments submit state budgetary proposals to the City Manager's
office and/or the legislative advocate for review and transmittal to the Legislative Committee
. On or before June I City Council adopts items to be sponsored by the City for inclusion in the state budget.
Although the California Constitution calls for the Legislature to send a budget proposal to the Governor for
signature in June of each year, legislators begin the process of working with their colleagues and various fiscal
committees almost as soon as the Legislature convenes each year. The City would be much better served
submitting requests for 'earmarks' or 'trailer items' far earlier in the process than the Policy now outlines. In
addition, the Policy is silent on submittals for inclusion in the federal budget.
A proposed amendment to Policy 300-01 would merge the existing 'budget item' and 'new legislation'
processes into one timeline that begins on or before September I of each year, and would include references to
the federal budget process (Attachment A, pages 2-5).
In addition, City staff would like to include a fourth category to the components of the Legislative Program.
Current components include:
. Legislation to be sponsored
. Legislation on which positions should be taken
. Responses to Administrative Actions
Staff recommends a component that describes Legislation that should be monitored, but does not merit taking a
formal position (Attachment A, page 5)
Background on the Legislative PrOgram
The Legislative Program (as instituted by Council Policy 300-01 in 1987) is used to identify and adopt position
statements regarding a variety of issues that reflect the policy and direction of the City Council. This document
sets guidelines that permit staff to make timely responses consistent with the Council's desires to sponsor,
support or oppose bills during the legislative session. By taking action on a comprehensive program at the start
and midpoint of the state legislative and Congressional sessions, the City is able to work with our locally
elected representatives to introduce needed legislation as well as position itself on a wide range of issues.
The existing Legislative Program, adopted by the City Council in December 2005, does not reflect Council
priorities, nor does it differentiate between the kinds of legislation that call for significant City involvement
(e.g. presenting testimony at State or Congressional hearings, meeting with area legislators to discuss Chula
Vista's concerns, etc.) vs. that which merits letters of support, opposition or monitoring.
2-2
Item 2..
In August 2007, the City Council discussed their priority issues at a Council retreat. With that foundation,
along with submittals from city department and division heads, the City Manager and Government Relations
Liaison have prepared a proposed Legislative Program with four levels of priority, and includes projects for
which Federal and/or State funding could be requested.
DECISION MAKER CONFLICT
Amending Council Policy 300-01:
Staff has reviewed the decisions contemplated by this action and has determined that it is not site specific and
consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(l) is not applicable
to this decision.
Adopting the 2008 Legislative Program:
Staff has reviewed the decisions contemplated by this action and determined that it is not site specific at this
time, and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not
applicable to this decision. Should aspects of the Legislative Program change, either as a result of the council
actions at this workshop, or as a result of site-specific funding opportunities, staff will inform affected Council
members of any recognized decision-maker conflicts.
FISCAL IMPACT
There is no fiscal impact associated with amending Council Policy 300-01. There is no direct fiscal impact
associated with the adoption of the Legislative Program. Success in obtaining state or federal earmarks for
individual projects may result in the receipt of funds to the City, however those cannot be determined at this
time.
ATTACHMENTS
Attachment A - Council Policy 300-0 I, proposed amendments presented in strike-out, underline format.
Attachment B - Proposed 2008 Legislative Program
Attachment C - Anticipated 2008 Major State Issues
Attachment D - 2006 Legislative Program (adopted by Council 11/23/05)
Prepared by: Colleen M Carnevale. Government Relations Liaison, Office of the City Manager
2-3
CHUl~ VISTA CITY COUNCIL WORKSHOP ~ DECEMBER 6. 2007
Attachment A
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ORGANIZATION AND PROCEDURES POLICY EFFECTIVE
ON LEGISLATIVE MATTERS NUMBER DATE PAGE
AFFECTING THE CITY OF CHULA 300-01 01-13-87 1 OF. 10
VISTA
ADOPTED BY: Resolution No. 12879 I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No. (12/06/07)
PTTRPOSF,
The Organization and Procedure Section on Legislative Matters affecting the City of Chula Vista
formally establishes the procedures and sets forth the guidelines for the review of legislation matters
affecting the City. Generally, the purpose of this section is to establish procedures concerning City
sponsorship of legislation and/or administrative regulations, which the City seeks to have introduced
and review of legislation and/or administrative regulations introduced by others that may have an
impact upon the City of Chula Vista or its interests.
This Section also establishes procedures to guide City officers and employees in their communications
with, and possible appearances before, legislative and administrative bodies and other organizations.
POT .ICY
1. T p.ei~l~t;vp. M::Ittp.r~
a. Tntr()(h1(~ti()n to the r;ty'~ T p.ei~l::1tivp. Prf'lV"::tm
The City's Legislative program (County, State and Federal) contains all
positions taken by the City Council and the Redevelopment Agency, which
relate to the activities of the City of Chula Vista. These City Council-adopted
positions generally indicate the city sponsorship of proposals that Chula Vista
would like enacted (Group I), support or opposition to legislative matters
(Group II) sponsored by others, and administrative actions (Group III) that the
City seeks at various levels, Hnc1 m"H.lITf'. thHt m"rit monitoring (f'TTOllp TV)
for impHc.t. on <:ity op"mtion. or progrHm.. When the City Council expresses
a position (either a general policy or on a specific measure/issue), it is
generally broad enough to allow the City to act on any legislation having a
similar effect. Therefore, there may be some positions on bills that are added
directly to the Legislative Program because the City Council has already
expressed its position on an earlier, related matter.
Generally, the Legislative Program shall include only those items of a direct
and substantial impact on the operation of City government. Such an impact is
defmed as any fmancial cost over a minimum amount for purposes of claiming
reimbursement pursuant to Section 2253.2(b) of the Revenue and Taxation
Code, (which has been established at $200.00 cost to a local agency as of
1978) or a non-fmancial cost item wIrich thai has a substantial impact on the
operation of a City department or agency, the City Council, or the Mayor. Such
impacts may be contained in the State or P"c1"rHl budget, legislation, and
administrative actions mandating local performance.
2-4
SUBJECT:
COUNCIL POLICY
CITY OF CHULA VISTA
ORGANIZATION AND PROCEDURES POLICY
ON LEGISLATIVE MATTERS NUMBER
AFFECTING THE CITY OF CHULA
VISTA
300-01
EFFECTIVE
DATE
01-13-87
PAGE
2 OF 10
ADOPTED BY: Resolution No. 12879 I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No. (12/06/07)
Whenever any city department representative ascertains that a legislative or
administrative (governmental or non-governmental) proposal will have some
substantial impact on the City, the information concerning this impact shall be
forwarded to the City Manager's office.
The Legislative Committee shall serve as the initial reviewing body of all such
reports to determine whether further City action is required. The Legislative
Committee shall be comprised of the Mayor and one member of the City
Council appointed by the Mayor and subject to ratification by the Council.
A report and recommendation will be forwarded to the City Council for final
action regarding both legislative and administrative proposals deemed to have
a potential impact upon the City. The Mayor, acting for the City Council, shall
communicate the Council's position to the City's legislative advocate and/or
appropriate local, state and/or federal legislators, committee and/or local, state
or federal agencies.
b. T p:ei~l~tivp: Prngr~m C'nmpnnp.nt..:::.
(1) C-rnllp T - Spnn~n....hip
Prior to the commencement of each State/F"ci"T~l legislative session,
and each legislative calendar year, each departments will submit their
proposals for inclusion in the !Legislative pErogram. Those proposals
for sponsorship, which are adopted by the City Council, shall be
forwarded to the City's legislative representatives in Sacramento and/or
Washington, DC. for introduction or sponsorship on the City's behalf.
Legislative proposals will be limited to legislation deemed essential to
the operation of City departments and the overall quality of life for the
City.
Generally, the following schedules will be utilized in developing the
subject proposals.
2-5
SUBJECT:
COUNCIL POLICY
CITY OF CHULA VISTA
ORGANIZATION AND PROCEDURES POLICY
ON LEGISLATIVE MATTERS NUMBER
AFFECTING THE CITY OF CHULA
VISTA
300-01
EFFECTIVE
DATE
01-13-87
PAGE
3 OF 10
ADOPTED BY: Resolution No. 12879
I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No.
( 12/06/07)
T p.gl~l::1ti()n
ON OR BEFORE SEPTEMBER I OF EACH YEAR
The City Manager's staff requests all department heads to submit
proposals for new legislation or changes in existing legislation.
ON OR BEFORE OCTOBER 1
Departments submit legislative proposals to the City Manager's office
and/or legislative advocate for review.
ON OR BEFORE NOVEMBER 15
The City Manager's staff and/or legislative advocate submits analysis
and/or recommendations or legislative proposals to the Legislative
Committee, which in turn submits its recommendations relative to the
Program to Council.
ON OR BEFORE THE THIRD COUNCIL MEETING IN DECEMBER
City Council adopts legislative sponsorship proposals.
NOTE. The Program may be subsequently amended by the City
Council from time to time when action upon matters appear to be of
sufficient urgency that it would be inadvisable to wait until the next
legislative year.
HllcJgf't Tt"m.
ON OR BEFORE APRILSFPTFMHFR 1 OF EACH YEAR
The City Manager shall request department heads to submit proposals
for possible funding through the State or F"cJ"TRl budgetary process.
ON OR BEFORE MM." orTOHFR I OF EACH YEAR
Departments submit state these budgetary proposals to the City
Manager's office and/or the legislative advocate for review and
transmittal to the Legislative Committee.
2-6
COUNCIL POLICY
CITYOFCHULA VISTA
SUBJECT: ORGANIZATION AND PROCEDURES POLICY EFFECTIVE
ON LEGISLATIVE MATTERS NUMBER DATE PAGE
AFFECTING THE CITY OF CHULA 300-01 01-13-87 40F10
VISTA
ADOPTED BY: Resolution No. 12879 I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No. (12/06/07)
ON OR RFFORF NOVFMRFR 1 'i
Thp. rity M::In~ep.r'~ d:::lff :::Inn/or lp.gi~htivf': :::IciV()~:::Itf': ~l1hm1t~ ::In::llys.is.
:::Inn/or TPC':ommf':nn:::itions. of St::itf': ::tnrl/nr Fpnp.T:::il nnngphn:y Tf'"QllPS.tS. to
thf': T peis.1:::1tivp: rnmmittf':f\ wh;C':h in tnm s,l1hmits. its. Tf':C'ommpnrlMinns.
to ronndl
ON OR BEFORE JUNI: 1 THF THIRD rOlJNrTT MFPTTNG IN DPrPMRPR
City Council adopts items to be sponsored by the City for inclusion in
the State ~nct/or PecteTHl budget.
(2) (;rnnp 11 Pndtinn~ on Pendinf T lp.gj!illatinn
The Legislative Committee shall be responsible for the review of
proposed legislative and administrative actions at the local, state, and
federal levels which may have an impact on the City of Chula Vista.
The City Manager and/or the legislative advocate shall provide a report
listing the status and copies of all such legislation, to the Legislative
Committee and City Council.
For proposed actions and/or legislation that are determined to have an
effect on the City of ChuIa Vista, the City Manager's staff will notify
the affected City department for its review and/or report regarding the
actionllegislation. If the City department to which the notification was
referred determines that the measure will have a direct and/or
substantial effect upon their operations or finances, or on the operation
of the City government in general, the department shall recommend a
position and shall prepare a brief, factual report covering what it
believes to be the significant features of the legislation and the effects
or possible effects upon department operations and finances (i.e., a cost
impact estimate) or upon city government in general.
The department report shall be submitted to the Legislative Committee
via the City Manager, for consideration in making a final
recommendation to the City Council. If Council has taken a position on
similar legislation, the item, after review by the Legislative Committee,
will ;:nlfnm:::lt;",s:tl1v he nl~('.ect on the T .p:ois.l:::itivp: Pl'OOT:::Im with
2-7
SUBJECT:
ORGANIZATION AND PROCEDURES
ON LEGISLATIVE MATTERS
AFFECTING TIlE CITY OF CHULA
VISTA
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
300-0 I
EFFECTIVE
DATE
01-13-87
PAGE
5 OF 10
ADOPTED BY: Resolution No. 12879
I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No.
( 12/06/07)
appropriate action taken by staff with copies to the City Council.
Upon adoption of a measure by both houses of the Legislature or
Congress, a bill is submitted to the Governor or President for approval.
It is frequently desirable for the views of the City of Chula Vista with
respect to such measures to be communicated to the Governor or the
President. The Mayor and/or legislative advocate shall be authorized to
communicate and recommend approval or rejection, or seek any
appropriate administrative action regarding such measures pending
before the President or Governor if the measure is included in the
adopted legislative program and/or as directed by the City Council. The
actions of the Mayor and/or legislative advocate will be reflective of
previous Council action on the subject matter.
(3) Gronp TTT A.dmini~trSltivp. A~tinn~
While much of the activity affecting City government occurs in the
form of state or federal legislation, an ever increasing number of rules,
regulations, and guidelines of administrative entities can have
practically as much impact as law. The process for development of
these rules, regulations, and guidelines is not the same as for laws. In
fact, the activity leading to final rules, regulations, or guidelines is
often less formal, occurs more rapidly and involves a wide variety of
County, State and/or Federal agencies. The administrative actions
sought are proposals, sometimes suggested by the Mayor,
Councilmembers, and/or City departments, whereby the City is seeking
or opposing a particular administrative action or change, or informing
the various governmental bodies of the City's position on matters that
are not normally dealt with legislatively.
Positions for administrative actions will be forwarded to the City
Council for final approval and/or authorization allowing staff to
prepare a letter for the Mayor's signature to be forwarded to the
appropriate administrative body. If Council has taken a position on
similar legislation, the item, after review by the Legislative Committee,
will automatically be placed on the Legislative Program with
appropriate action taken by staff with copies to the City Council.
2-8
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ORGANIZATION AND PROCEDURES POLICY EFFECTIVE
ON LEGISLATIVE MATTERS NUMBER DATE PAGE
AFFECTING THE CITY OF CHULA 300-01 10
VISTA 01-13-87 60F
ADOPTED BY: Resolution No. 12879 I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No. ( 12/06/07)
(4) Gronp TV Monitoring Pp.ndinf 1.et'}!illsdinn
Ollrine thr- ~nllrc;:p. of::. ~t:ltP. or Fp.np.T:ll1e:gjs.l::1tivp. s.p,SoC;:lnn, thons.::Inrh:: nf
hills. ::Ire: ;ntrnrlll~f':rl ::loll Tp.viewP.n 1w thp: ~;ty'c;: Ip.gjs.l::trivp: :lrlV()~::ItP:, ::Ie;:
w"ll ::Ie;: s.l1C':h pntit;p:s. :::Is. thE': T p.:::Ignp: of r::llifnm;::t r1tip,s. th" N~tion~1
T P:::IgJ1P. of rinp,s. th" TT S C:onfP:TPnc:f'! of M:::aYON ::Inn :l hTl1:ln s.pe.ctTllm
nfprnfec;:c;:inn::.l ::Ic;:c;:or..1;::tnnns. nfwhi"h thE': rity's. f':mployf':p:s' ::IrE": mf':mhf':N
Whilf'! s.omf': hills :Uf': Qllic.kly ic1f':ntitlf':n ~u: s.igJ'lifiC':::Infl ::Inn mp.ritine ::I
fnrm::ll poc;:;tinn hy thf': rityl ::mc1 nthf':rs. (':::1" he: c1is.m;c;:c;:pn ::Is. h:lving nn
imp::lC':f on thic::. nrg:ln;7::1t;nn th"r" aT" thos" th~t f~ll into ~ p"riph"r~l
::ITP.::I in whiC':h thf':Tf': is. Tf':::Ic;:nn to monitor thE'! propos~ 1 ::Ie;: it mnvp:s.
through th" If>gi~l:::ltivp. process withont t~ ki ng fiction tn snpport or
nppns,p thp. rnp:::t!':nTP
It will h" th" r"spon.ihility of th" rity M~n~g"r" offi~" ~nrl th" rity'.
l"gisbtiv" ~rlvoc~t" to w~t~h sn~h propo.~I. ~nrl h" prf".p~r"rl to hring
thpm fnTW:::lrn tn the T ,f':eislRtivp. rommittp.? with ::I Tf':l':ommp.nn:=tf;nn in
th" "v"nt thM hills rl"v"lop into tho." thM c~ll for ~ city po.hion
c. Hp.:::lnne PrOl':p.nnres
Much of the work done during a session of the State Legislature and to a
similar extent in Congress, is the result is the result of hearings conducted by
legislative committees. The City Manager's office is directed to keep informed
as to the membership of such committees, the dates and places at which
meetings will be held, and the subject matters to be heard. The City Manager's
staff shall keep the Legislative Committee and the Council advised of hearings
on matters affecting the interests of the City.
The City Council will take action regarding appropriate City representation at
such committees.
2. Appp.:::lT:::lnc:es :=Inn rommlln;c:::ltlnns with Others
a. T f":eis1::1tivf': Ac1vnc::Ifp.s :::lnc1 Speci:::ll Rp.prp.sp.nt:::J.tivp.s
Legislative advocates and other representatives shall be appointed by the City
Council as necessary These representatives shall be designated as the
authorized representatives of the City of Chula Vista to the Legislature of the
State of California and ConlITess of the United States. and. a. mav be
2-9
SUBJECT:
COUNCIL POLICY
CITY OF CHULA VISTA
ORGANIZATION AND PROCEDURES POLICY
ON LEGISLATIVE MATTERS NUMBER
AFFECTING THE CITY OF CHULA
VISTA
300-01
EFFECTIVE
DATE
01-13-87
PAGE
7 OF 10
ADOPTED BY: Resolution No. 12879
I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No.
( 12/06/07)
necessary, other federal, state, regional and/or local entities or organizations
whose actions may impact the City. They will attend the sessions of these
bodies and present information to aid in the passage or defeat of legislation or
actions when the City Council deems it appropriate for the City ofChula Vista
to so act.
All City officers are required to extend their fullest cooperation in technical
assistance to the Legislative Representatives in their presentation of City
positions.
From time to time, special representatives of the City may also be designated
to contact specific members of, or to appear as witnesses before, the various
legislative bodies and entities or organizations as may be recommended by the
City Manager's office and approved by the City Council.
b. App"HTHne,," hy Fl"ct"n City OfficiHl~
Nothing in this section shall be construed to limit the right of elected City
officials or their designees to appear before any governmental body or
organization to express their personal views at any time. However, such
elected official should clearly indicate that the opinion expressed is that
official's point of view and not an official City position. In order to officially
represent the City, such appearances must be consistent with the City's adopted
position on the matter. If such elected official or the official's designee testifies
contrary to a City position, the official or designee should state that the
testimony or communication is contrary to an adopted City position.
c. App"HrHne"~ hy City FmplO}'",,~ Hnn ConrninMion with City R"rlT"~"ntHtiv,,~
The best interest of the City of Chula Vista can be promoted if the efforts of all
representatives of the City are coordinated. The City's duly authorized
legislative representatives, in Sacramento and Washington D C., cannot
perform their work effectively if representatives of other City offices present
information to legislative bodies, governmental agencies, or other decision-
makers that might be contrary to that presented by the official representatives.
To provide for the proper coordination in the presentation of the City's
legislative program, non-elective officers and employees of the City while
acting in their official City capacity shall, prior to communicating (whether
OTRllv or in wntinol or tp.~t;fvino hf':fnTf': lp:o;~l}1t;vf': hoiiif':!;l, or ;:lr1mini~trRtivf":
2-10
SUBJECT:
ORGANIZATION AND PROCEDURES
ON LEGISLATIVE MATTERS
AFFECTING THE CITY OF CHULA
VISTA
COUNCIL POLICY
CITYOFCHULA VISTA
POLICY
NUMBER
300-01
EFFECTIVE
DATE
01-13-87
PAGE
8 OF 10
ADOPTED BY: Resolution No. 12879
I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No.
( 12/06/07)
entities and other organizations, consult with the City Manager's office to
determine whether the subject of the communication or testimony is one of
policy or is technical in nature. If the subject of the communication or
testimony of a City employee is of a policy nature, it must be consistent with
the adopted City position.
Any non-elected City official or employee expressing a point of view that is
contrary to an adopted City position must clearly state in the body of the
communication or testimony that: "This is a personal opinion, it is not a City
position, and it is not consistent with the City position. Furthermore, I am not
acting in my official capacity as a City officer (or employee)." They must do
all of this at their own expense (e.g., staff, stationery, etc.) and time. This
policy In no way IS intended to prohibit an elected official from
communicating or testifying on the official's own behalf to represent the
official's personal position or the position of that office.
NOTE. The lack of a formal City position on a matter shall not be considered
as permitting the taking of a City position on the matter by an individual City
official and/or employee. Such positions must be cleared through the process
described above.
d. Rp.~p.ivine r()mmnnic~ti()n~
It is hereby established as a policy of the City Council that non-elective
officers and employees of the City, upon receiving communications directly
from governmental agencies or other organizations which substantially impact
the conduct of City business or have substantial policy implications affecting
City policy, shall refer such communications to the City Manager for review
and recommendation to the Legislative Committee and Council. It is not the
intent of this policy to reqUITe referral to the Council of routine
communications received by City officers and employees in the transaction of
City business. City staff shall consult with the City manager to determine
whether or not the matter is of a policy nature. Nothing contained herein shall
be interpreted as requiring the delay of a necessary response of an emergency
nature providing that the officer or employee making such emergency response
subsequently comply with the procedures contained herein as soon as possible.
2-11
SUBJECT:
ORGANIZATION AND PROCEDURES
ON LEGISLATIVE MATTERS
AFFECTING THE CITY OF CHULA
VISTA
COUNCIL POLICY
CITYOFCHULA VISTA
POLICY
NUMBER
300-01
EFFECTIVE
DATE
01-13-87
PAGE
90FIO
ADOPTED BY: Resolution No. 12879 I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No. (12/06/07)
3. P::.rt;c;p::.flon on Tntf':T:::Igf':ncy Policy :.:Inil Tf':C';hnlC':::Il r()mmittf':f':~
In addition to the City's internal legislative process, the City Council serves on
nwnerous Interagency Policy and Technical committees that take action on legislative
and administrative items (i.e., National League of Cities, Board of Directors, and
Advisory Council, SANDAG, LAFCO, etc.). Councilmembers serving on these
committees will coordinate positions on legislative/administrative items with the
City's Legislative Committee and City Council.
4. Glo..~ry of Tenn.
a. As used in this section, the terms "legislative matters," "legislation,"
"legislative bodies," and similar terms shall include administrative matters,
administrative policy, and administrative agencies and bodies of federal, state
or county and other governmental agencies except when specific
differentiation between legislative and administrative is herein made.
It is the intent of this definition to require that communications from City
officers and departments on policy matters be approved through the same
process as communications on legislation. It is not the intent of this definition
to require approval of normal, routine communications to agencies in the
transaction of City business.
b. An issue that is policy in nature is one that is more than routine and purely
administrative. It is a matter involving a discretionary judgment, one that
cannot be made by merely reading a code book or a set of existing regulations
and following such without the need of discretion (i.e., non-ministerial). When
such a reading is combined, however, with interpretation that could reasonably
appear to be "new policy" of a new entity, then the matter is of a policy nature.
c. A "session" of a legislative body is the official life of that entity. Each U S.
Congressional and State Legislative Session lasts two years, commencing with
the taking of office by the newly elected representatives (for the U. S. House of
Representatives or State Assembly) following the November elections every
even nwnbered year. The same two-year term applies to the U S. Senate and
the State Senate, even though the terms of individual members may be
staggered.
2-12
SUBJECT:
ORGANIZATION AND PROCEDURES
ON LEGISLATIVE MATTERS
AFFECTING TIlE CITY OF CHULA
VISTA
COUNCIL POLICY
CITYOFCHULA VISTA
POLICY
NUMBER
300-01
EFFECTIVE
DATE
01-13-87
PAGE
lOOFIO
ADOPTED BY: Resolution No. 12879
I DATED: 01-13-97
AMENDED BY: Resolution No. 2003-482 (11/25/03), Resolution No.
(12/06/07)
d. As used in this section, those governmental bodies or agencies that impact on
the City of Chula Vista shall include all offices, agencies or departments,
whether administrative or legislative, of the County of San Diego, regional or
quasi-governmental bodies, the State of California and the Federal government
of the United States.
e. Organizations shall refer to any non-governmental administrative and/or
functional association or society such as but not limited to the National League
of Cities or the League of California Cities.
2-13
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CHULA VISTA CITY COUNCIL WORKSHOP - DECEMBER 6,2007
Attachment C
Major State Issues Anticipated in 2008
State Budget
Governor's Priorities
. Water
· Education
. Health Care
Senate Pro Tem & Speaker's Priorities
. Water
. Funding for Secondary Education
. Eminent Domain
. AB 32 & Global Warming
. Fire Safety & Fire Suppression (CalFire & response to wildland fires)
. Reguhtion of Group Homes and In-Home Support Services
. Affordable Housing
. Labor Union Membership
. Health Care
Ballot Measures Qualified for 2008
. February
o Prop 91 - Transportation Funding (Constitutional Amendment to prohibit retention in the
General Fund of funds earmarked for the Transportation Investment Fund)
o Prop 92 - Community College Funding (Establishes minimum state funding)
o Prop 93 - Limits on Legislators' Terms in Office (Constitutional Amendment to reduce total
time a person may serve in the State Legislature from 14 to 12 years, and removes delineators on
how those years may be divided between the Senate and Assembly)
. November
o Safe Reliable High-Speed Passenger Train Bond Act (provides for the issuance of $9.95 billion in
General Obligation Bonds to construct a High-Speed Passenger Train system in California)
Ballot Measures Pending for 2008 (partial list)
. Overturn Indian Gaming Compacts (four referendums pending signature verification)
. Eminent Domain Reform (2 in circulation)
. Public Pension and Retirement Health Care Benefits
. Redistricting
. Electoral College (4 in circulation)
. Right to Health Care (2 in circulation)
City staff will review these issues as they take shape, and develop recommendations to submit to Legislative
Committee during the course of the year.
2-19
CHULA VISTA CITY COUNCIL WORKSHOP - DECEMBER 6, 2007
ATTACHMENT D
2006 CHULA VISTA LEGlSLATIVE PROGRAM
A. Economic Development.
1. SupporteHorts ltr.
a. Enhance California's overall business climate with particular emphasis on streamlined
regulations and reduced costs of doing business (including the reactivation of Revenue
and Taxation Code section 5108 personal property tax rebates).
b. Strengthen exi5ting business attraction and retention programs including: Enterpri5e
Zones, Recycling Market Development Zones and California Infrastructure Bank.
c. Continue and/or enhance funding of State and Federal Economic Development agencies,
including:
i. California Trade and Commerce Agency
ii. U.S. Department of Commerce, Economic Development Admini5txation (BDA)
iii. U.S. Housing and Urban Development (HUD) Community Development Block
Grant and Economic Development Wtiative
d. Create new business assistance programs with eligibility criteria for which Chula Vi5ta
would qualify.
e. Create or enhance 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 lo general economic development projects and programs.
g. Continue the Community Reinvestment Act and accoUntability lo small businesses
development programs.
h. Provide incentives for communities lo establish sustainable economic development that
minimizes the impact lo natural resources and provides quality jobs that complement local
and regional economic prosperity.
B. Energy.
1. Support measures that
a. Assist the City and its energy consumers in meeting the priorities outlined in the City
Energy Stxategy and Action Plan as they compliment the state "loading order," energy
conservation, di5txibuted generation, renewable and best available clean fossi1 fuel
generation, reliable and complimentary transmission and di5txibution.
b. Require the Public Utilities Commission 10 implement the intent and spirit of AB 117
(statutes of 2002) regarding "community aggregation" and "public purposes goods fees".
i. Reasonably limit the time in which CCA customers are exposed lo Investor
Owned Utility energy procurement practices, including but not limited lo the
Cuslomer Responsibility Surchage (CRS).
ii. Allow cities and counties lo receive intervener compensation for
participation in i5sues before the CPUC that affect Community Choice
Aggregation customers.
1
2-20
c. Confirm and implement local options to control and fund energy and conservation
programs.
d. Enhance the City's ability to support the State "loading order" by removing barriers and
providing incentives that allow the City to work with residents and businesses to enter
into distributed generation agreements without having to pay stranded transmission or
distribution charges.
e. Increase incentives and remove barriers for developing local photovoltaic, wind and other
II green" alternative energy reSOU1ces.
f.
Ensure transmission of energy is done through new or existing local generation sources
andj or renewable sources. .
Note: There is a growing movement to import energy from out of state that is generated using lossil fuels and
other non-renewable SOW'Ce5. This baa long-term impacts on air quality as well as fiscal implications :related to
t:ran.smission congestion charges im.posed on Chula Vista and other locaI ratepayers.
.
i. Wark with host jurisdiction in an open, transparent and inclusive process to
"invest," ratepayer dollars in a reliable transmission grid that respects their
quality of life and sustainability goals not focused just on lowest cost
g. Retire and decommission the older more polluting single cycle power plants as soon as
possible.
h. Reduce and remove costly Reliability Must Run (RMR) status from older less efficient
power plants whenever possible, and ensure that RMR is removed or transferred in an
environmentally just manner that reflects local impacts.
i. Implement efficiency-enhancing technologies (such as combined cycle generation) that
improve consumer choice andj or enhance competition among energy providers,
partkularly in service territories primarily dependent on Investor Owned Utilities.
j. Work with local host jurisdictions in an open, transparent and inclusive process to re-
power andj or relocate older plants with new, more efficient, less polluting facilities.
k. Provide local incentives to participate in siting new generation facilities by preserving
loca1 land use authority, supporting the broad application of local Utility User tax
ordinances, ensuring that local mitigation affects the area of local impact and implement
an open, transparent and inclusive local public process.
I. Remove barriers and provide incentives to a1low local government to develop landfiiI
based renewable energy resources for sustainable local environmental and economic
development opportunities.
m. Promote local government participation in green credits and emission trading to ensure
an environmentally just application.
2. Oppose measures that
a. Impinge on or restrict the City's ability to exercise land use review j control with respect 10
the generation pr transmission of power and restrict the local and state commitment 10 an
open, transparent and inclusive process.
b. Erode the City's ability to acquIrej generate power from alternative sources ar enter into
aggregation andj or distributed generation arrangements.
2
2-21
c. Impose municipal departing load charges and other municipal exit fees, as well as
atlempls to regulate or limit municipal righls under the state constitution.
d. Would allow the Public Utilities Commission or Investor Owned Utililies to limit local
p<U1icipation in the use/ allocation of Public Purpose Goods Fees.
C. Environmental Protection.
1. Support efforts to:
a. Require an environmental impact report (EIR) for large projects/utility mergers.
b. Actively pursue and obtain non-general fund revenues to acquire, presefVe, restore and
maintain a sustainable regional watershed through conservation, planning of Chula Vista
wetlands, riparian habitat and multi-species habitat, open space, greenbells, rivers,
streams and trails.
c. Fund planning and land acquisition for Natural Community Conservation plans.
d. Obtain funds for comprehensive environmental management planning for San Diego
Bay.
e. Prohibit the granting of new leases for oil and gas development in state-owned coastal
waters off San Diego County.
f. Promote the installation and use of waleI / energy conserving fixtures in new & existing
buildings.
g. Obtain funding for waleI conservation to include the construction of reclaimed water
distribution systems, and fixture and irrigation system new construction, renovation and
retrofit
h. Encourage post<onsumer recycled product use in manufacturing, residential and business
applications through incentives, educations, promotions, etc.
i. Ensure long-term agreemenls that provide recycling incentives and/ or profitable markets
for a broader range of products than are currendy recycled.
j. 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 manufacmring
processes.
I. Provide funding for envirorunental enterprise incentives, specifically Recycling Market
Development Zones (RMDZ).
Note: The RMDZ program has been extended through 2006. Chula Vista and the City' of San Die~ have 11 signed
MOU for an RMDZ partnerslUp. Program;' being implemented.
m. Continue to expand the number of advance disposal fees and accompanying block grant
programs that allocate funds for local government to provide efficient, effective and
convenient recycling, and safe disposal options for residenls and small businesses.
Particularly, funding for convenient and cost effective source reduction and disposal
options for conditional exempt small quantity generators for hazardous, universal and
electronic wastes.
3
2-22
n. Enact a statewide landfill ban on designated recyclables.
Note: This would encouragt! development of new feedstock capacity and strengthen/ stabilize long-term markets:.
o. Reauthorize the Federal Water Resources Act, including provisions to raise the
reimbursement limit and provide reimbursement for construction expenditures.
No..: With. revised reimbunement Iimi~ ChuJa V.... could be eiigible for up to an additional $5 _ for
further improvements along the Telegraph Canyon Creek flood control channel
p. Modify the Clean Water Act to give the City of San Diego an exemption from current
"mass emission reduction" requirements.
q. Impacts associated with the construction and maintenance of drainage facilities in urban
areas should be allowed to receive mitigation credit for the inclusion of "Best Management
Practices" to off-set imDacts In sensitive suedes.
Note: At present, the City may be required 10 purchase mitigation land amounting to as much as four limes the
project size.
r. Grant local agencies authority to me appeals with the State Water Quality Control Board
(SWQCB) concerning actions by a Regional Water Quality Control Board (RWQCB).
s. Advance the use of low-emission and zero-emission vehicles through market incentives,
credits, rebates, public/private partnerships and other innovative solutions.
t Create incentives for renewable power generation and distribution.
u. Create incentives for energy-efficient building programs.
w. Develop and apply a standardized state/national definition of "greenpawer".
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. Continue to establish a cost effective and efficient process for local governments and large
generators to document green house gas emissions as a regulated pollutant and provide
local incentives for public-private partnerships.
aa. Provide State or Federal funding to construct facilities to capture and treat the flow of raw
sewage entering San Diego from Tijuana.
bb. Encourage development of environmentally sound techniques for treating hazardous
waste to reduce its volume and eJiminate any toxicity without infringing on home rule
authority over the decision of whether (or when) to implement such techniques.
ce.
Provide funding from State, Federal or outside sources to study the water quality/toxic
pollution in San Diego Bay.
.
dd. Encourage development of water resource facilities and make improvements to the delta
without imposing unfunded mandates on local governments.
ee. Provide financial assistance to construct new and upgrade existing secondary treatment
facilities in San Diego County.
Note: Funds &om allsourcs should be pursued.
If. Improve the efficiency of environmental regulations and enforcement actions of such
agencies as: Department of the Interior, Corps of Engineers, Department of Commerce,
4
2-23
National Oceanic and Atmospheric Administration and Environmental Protection
Agency .
gg. 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 effor1s 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.
D. 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 government 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 XIIIB, XIlIC and XIlID of the
state constitution (XIIIB: the Gann Initiative-local expenditures are limited by population
growth and cpr factors; xmc & 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
comIitUmty centersJ libraries, civic center, etc.
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 monies lost as a result of plant relocation.
j. Provide for fiscal reform in the form of greater reliability, certainty, and equitability of
state funding for local governments.
k. Reallocate sales and property taxes to the benefit of local governments.
L 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 convenience of credit card usage to areafrl!l!lident5, busineSSeS if
local government were notproltibit2d from passing these bank costs to the consumer.
m. Protect cities' ability to fund capital improvement projects through tax-exempt bonds.
5
2-24
.
n. Increase the Industrial Development Bond cap.
o. Promote coopeJ'ative 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 local agencies.
e. Reallocate sales and property tax revenue to the detriment of cities.
f. 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 full 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 authority to act on local budget and fiscal matters or other
municipal affairs, or to impose unfunded 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 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.
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 or
satellite television operators and other telecommunications providers and utilities.
k. Preclude cities from collecting Utility users tax (UU1) revenue on cellular or digital
telephone use when negotiating UUT agreements.
E. General Government.
1. Support efforts to:
a. Subject the State Legislature to the same requirements for public meetings, advance
agenda, etc. as are currently imposed on cities through the Brown Act
b. Limit to 1 % the amount of administrative costs the Board of Equalization may charge to
administer local sales taxes such as San Diego's half.<<mt sales taxes for transportation and
justice facility construction.
c. Facilitate iru:reases in Open Space District assessments by an amount not to exceed the
Consumer Price Index (0'1) or higher if increased costs are beyond the control of local
governments (e.g. imposed by water districts).
6
2-25
d. Provide funclinll: for the selection of Chula Vista as the site of a new collaborative campus
incIudin~ oarticioants such as the Universitv of California. r~ lifomia State University,
Southwestern Colleee and oerhaos an international uroversitv.
e. Provide funding for Chula Vista's SMART Community program, alternative fuels
programs, and other technology-based projects.
f. Fund school facility consl7uction programs without increasing the fiscal burden of local
government
g. Oarify the authority of school districts to' impose facilities fees established by Ch. 887,
Statutes of 1986 (AB2926).
h. Maintain Chula Vista's central position in the 40" Senate District and 79" Assembly
District
i. Coordinate Federal Coast Zone Management Act Environmental Protecticn Agency
(EPA) regulations and State Coastal Zone Act in an effort to eliminate duplicate effurts.
2. Oppose effurts to:
a. Mandate district elections in all cities and/ or school districts.
b. Impose border crossing fees on the U.S.jMexico 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.
F. Housing & Community Development
1. Supporteffurts 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 findings 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,
ill. 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 low 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.
7
2-26
Note: The proliferation of lawsuits over aIleged construction defects has led to a sut::5tantial withdrawal from
condominium/ townhouse construction by the development industry throughout CaIifomia. These attached
homes are a critical element in the fust-l:ime 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.
j. Allow IocaI jurisdictions to adopt the International Residential Code as an alternative to
state-mandated codes as a means of reducing the cost of new housing.
Note~ warring fact:io.ns in the building industry are DWlipuIating current state codes in a power struggle. This
addition to the Legislative Programi9 511ggested as a means 01 neutralizing that power struggle while stiD.meeting
the safety needs of the public.
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. Prolubit any state agency frcm making subventions, financing, insurance or any other
kind of assistance, available to any city or county that has in effect any rent control
measure.
G. Land Use Planning.
1. Support efforts that
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. Axe 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 governmen~s power to require developers and subdividers to provide the
on-site and off-<rite facilities and infrastructure needed by their projects.
e. Maximize the authcrity of the City to exercise local control over general plan decisioIlS.
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 a'!thoritv over land use decisioIlS 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
h. Provide local government incentives and funding priority for facilitating smart growth
principles In their planning prograIIlS.
2. Oppose efforts to:
8
2-27
a. Abridge local governments' ability to effectively plan, or regulate local land use
including: amendments to the laws governing 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 axeas, or annex territories which are within a city's
spheres of influence.
b. Site airports that would adversely impact the Chula Vista axea.
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.
H. 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 (CL5A), including
Transaction Based Reimbursements, literacy progmms 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 the State and Federal level that guarantee for h1>raries the
largest pOSSlble discount in rates for telecommunication services, internal connections and
access to the Internet.
e. Preserve existing provisions that exempt h1>raxies from having to act as censors of
literature or information.
1. Parks & Recreation.
1. Support efforts to:
a. Provide State/Federal funding for such City programs as those Slipporting: the axis, child
care, after schael 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.
c. Support SB 153, the California Clean Water, Clean Air, Safe Neighborhood and Coastal
Protection Act of 2006.
d. Provide state funding for new construction as well as renovation of parks and recreation
facilities, and expansinn of recreation fatilities and parks in underserved areas.
e. Provide State and Federal funding for Oty programs such as those supporting: after
school programs, youth health and fitness, gang prevention and diversion, the axis,
chi1dcare, and drug prevention and intervention in a community-based recreation setting.
9
2-28
J. Public Employer-Employee Relations.
1. Support efforts to:
a. Protect the righls of cities to establish conditions of employment, including hours, wages,
employee benefils, the meet-and-ronfer 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
professjonal 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 Medicare.
c. Increase workers' compensation benefits without also making need~dreforms.
d. Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or
working conditions that are properly determined through the meet- and-<:onfer 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 PERB).
g. Prolubit employers from testing employees or employment applicants fur illegal
substances.
K. Public Liability.
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. Minimize governmental financial exposure to frivolous lawsuits and improve liability
protection for governmental agencies and their personnel.
e. Expand the existing list of "hazardous activities" so that public entities and public
employers are not liable for injuries to any individual(s) who participate in these activities
(e.g. skateboarding. rollerblading).
2. Oppose effurts to:
a. Further erode government immunity.
10
.
2-29
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
lYe.
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 protecting cities, among o~, &om W'ldue liability.
L. Public Safety.
1. Support efforts to:
a. Strengthen present State and Federal laws that give local governments the power to
further restrict or reguIa1e prostitution.
b. Increase penalties for the manufacture or sale for profit of dangerous drugs.
c. Prolubit the sale and brandishing of replica or facsimile fuearms.
d. Toughen drunk driving laws, penalties or enhancements.
e. Strengthen the City's ability to reguIa1e 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 fos1er interdepartmental or inter-agency cooperation.
L Develop a uniform junk gun" ban that does not reshict the type of weaponry used by
off-duty law enforcement offi<:ers.
j. Protect local governments' ability to establish/ de1ermine the level of Emergency Medical
Service (EMS) proyided within their own boundaries.
k. Provide reimbursement to local government for "fust responder" costs associa1ed with pre-
hospital treatments such as those provided by local fue department persoqnel.
l. Increase municipal funding 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. Olange/ remove date, and/or shift to the employer, the burden of proof related to all
illness presumptions.
'M. Public Works & Transportation.
1. Support efforts to:
11
2-30
a. Provide funding to complete missing freeway links (e.g. SR-125 and I-90S) and other
critical transit corridors or transportation projecls.
Note: Construction of the Sweetwater segment of SR-l25 has begun. It is in the aty's best interest to ensure that
completion 01 the project remain a high priority for the State.
b. Reduce municipal costs associated with CalTrans projecls.
c. 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.
d. 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).
e. Require CaITrans to allow cities an exemption fram CalTrans' public work project
requirements if that required work is a result of improper maintenance on CalTrans' part
or, require CalTrans to pay for such additional work if it is included as pari of a local
agencys public works project
f. Amend PUC regulations to prohi\>it utilities from locating cables directly into concrete
sidewalks and require said cables to be placed 24"-36' below sidewalk surfaces.
Note: Engfrteering and Public Works staff report an on-going problem in finding telephone cables embedded in the
concrete sidewallcs. SidewaIkreconstructian becomes virtually impossible without damaging the cable lines.
g.
Exempt all city vehicles and transit drivers from the Biennial Inspection of Terminals
program requirements for "drivers hours of service' during emergencies, similar to the
exemption granted to gas and electric companies.
Note: nus program was intended to regulate the times that commercial truck drivers .spend on the road, but has
no exempticm for city vehicles other than those operated by the Fire Department. It unnecessarily rest:rlcts tity
public: worlc:s vehicles and ham.pe%9local governments' ability to respond to emergenq situations such as flooding
or earthquake da:.mages.
.
h. 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.)
i. Allow cities to collect fees for use of the public right of way from currently exempt users
such as telecommunications companies.
j. Provide funds to assist cities in meeting the National Pollutant Discharge Elimination
System (NPDES) requirements.
k. Provide fair share allocation of clean water grants and bond funding to communities in
southern California.
Note: A disproportionate share of these lunda cmrently go to northern Califomie.
I. SU"1"'rt efforts to reauire public and "rivate utilities to design. locate and screen utility
cabinets. boxes. pedestals and backflow "reventers adiacent to the public right-of-way in
aesthetically aceeutable manner to local jurisdictions. .
m. Place a greater emphasis on providinS infrastructure fundine: to cities that do 'smart
2Towth' Dlann:in~.
2. Oppose Efforts to:
a. Further restrict development impact fees for roads, bridges, and public facilities levied
against developers of property.
12
2-31
b. Further restrict fees and assessments levied against individuals or entities receiving a
special benefit.
N. Redevelopment.
1. Support efforts to:
a. Amend the State Community Development law to allow a jurisdiction to combine tax
increment from aU 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 th05e
districts.
d. Increase funding/incentives to redevelop brownfield prqects
e. Provide funding for the Chula Vista Nature Center.
f. Facilitate the recommissioning, redesign or relocation of the San Dieg:> UnifEd Port District
South Bay Power Plant and assist with the redevelopment of this bayfront property.
g. Allow certain land uses under the State Tidelands Act that are conducive to providing jobs
in the "high tech industry".
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. 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.
13
2-32
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING COUNCIL POLICY 300-01
REGARDING ORGANIZATION AND PROCEDURES ON
LEGISLATIVE MATIERS AFFECTING THE CITY OF CHULA
VISTA
WHEREAS, Council Policy 300-01, adopted January 13, 1987, and amended on
November 25,2003, established the procedures and guidelines for the review oflegislative matters
affecting the City ofChula Vista; and
WHEREAS, this Policy provides for a formal Legislative Program that reflects the
Council's general preferences on bills to be supported or opposed; and
WHEREAS, the Policy also states that the Legislative Committee shall serve as the initial
reviewing body on legislative recommendations forwarded from the City manager's office; and
WHEREAS, should the Committee deem it necessary, or should a proposal that merits
support or opposition fall outside the guidelines of the Legislative Program, the Policy states that
the full Council will review and vote to support or oppose the legislation; and
WHEREAS, it is the recommendation of the Legislative Committee that Council Policy
300-01 be amended to bring the time line for presenting funding requests to the United States
Congress and California State Legislature into conformance with the federal and state earmark
submittal processes; and
WHEREAS, this proposed amendment would merge the existing 'budget item' and 'new
legislation' processes into one timeline that begins on or before September 1 of each year, and
would include references to the federal budget process; and
WHEREAS, the Legislative Committee also recommends that section l(b)4 regarding the
monitoring oflegislation of interest to the City ofChula Vista be added to the Policy; and
WHEREAS, this proposed amendment would describe Legislation that should be
monitored, but does not merit taking a formal position; and
WHEREAS, the amendment will ensure more active participation by the Council III
determining those legislative matters on which the City takes a position.
J:\AlIomeyIRESO\POLlCY\Amend Council Policy 300.01_12-04-07.doc
2-33
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve the amended Council Policy 300-01 as set forth in Exhibit "A".
Presented by
Approved as to form by
David R. Garcia
City Manager
~'{~~~(~~
Ann Moore
City Attorney
J:\Altom~y\RESO\POLlCY\Amend CoulICil Policy JOO-OI_12-Q4.07.doc
2-34
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE 2008 LEGISLATIVE
PROGRAM
WHEREAS, Council Policy 300-01, adopted January 13, 1987, and amended on
November 25, 2003, established the procedures and guidelines for the review of legislative matters
affecting the City of Chula Vista; and
WHEREAS, the Legislative Program represents the City Council's position on items likely
to be acted upon by the State Legislature, United States Congress, or various administrative
agencies; and
WHEREAS, by adopting a Legislative Program at the beginning of each two-year
legislative session and amending it at mid-term, the City of Chula Vista is able to take a proactive
role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities;
and
WHEREAS, it is necessary to adopt an updated 2008 Legislative Program to guide staff
and the City's legislative consultant throughout the coming legislative session.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby adopt the 2008 Legislative Program as 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
'Brof~~~M
Ann Moore
City Attorney
David R. Garcia
City Manager
J:\Altomey\RESO\POLlCY\Legislative Program 2008_12-04-07.doc
2-35
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