HomeMy WebLinkAboutAgenda Statement 1987/12/15 Item 4•
COUNCIL AGENDA STATEMENT
Item 4
Meeting Date 12-15-87
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Resolution ~.3 / Amending
Program
Deputy City Manager
U
City Manager~~;-~.~
the 1987-88 Legislative
(4/5ths Vote:Yes No x )
In January 1987, the City Council adopted its 1987-88 Legislative Program in order
to set forth the guidelines for reviewing and establishing a City position related
to State and Federal legislation and policies. This report proposes amendments to
the two-year legislative program to reflect issues and address concerns raised
during the 1987 legislative session.
RECOMMENDATION: That the City Council adopt the proposed amendments to the 1987
Legislative Program.
OARDS AND COMMISSIONS RECOMMENDATION:
This report has been reviewed by the Legislative Committee and reflects their
comments as well as input from the City Council and department heads.
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As adopted, the 1987-88 Legislative Program for the City of Chula Vista is divided
into two categories. Category I represents those legislative items "w hich can be
acted upon directly by staff with concurrence of the Legislative Committee" with
Category II consisting of legislative items "which require formal Council action."
Each category is comprised of the following component areas:
1. Bayfront/Redevelopment
2. Environmental Protection
3. Fiscal Support/Home Rule
4. General Government
5. Housing and Community Development
6. Land Use Planning
7. Public Employer-Employee Relations
8. Public Liability
9. Publ is Saf ety
10. Transportation
Consistent with this program, the City Council Legislative Committee has review ed
and/or taken action on 91 State and Federal legislative proposals (this does not
clude administrative regulations proposed by Federal, State and/or local agencies
ich were review ed and acted upon by the City Council but not included as part of
the legislative tracking system).
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Item 4 (page 2)
Date 12-15-87
e of the more significant legislative issues acted upon by the City Council
Lude, but are not limited to, the following:
SCA 10 (Hart) - Gann Amendment: Currently a 2-year bill, this proposal
provides changes to the existing Gann spending limit. Staff submitted
amendments, which were accepted by the author, avoiding a potential loss of
$3.6 million in the City's current Gann limit cushion.
ACA 4 (Moore) - Sales and Use Tax Limitations: This proposal exempts
electricity, gas, water and telephone service (for residential use or
consumption) from sales or use tax. If approved, this would result in an
estimated loss of $1.1 million to Chula Vista. Currently a 2-year bill (ACA4)
is pending in the Revenue and Taxation Committee. The appropriate letters of
opposition were forwarded to local legislators and committee members outlining
ou ncerns and the potential impact to Chula Vista.
AB~ Hanni a m
( g n) - Local A encies• Organizations. .he proposed legislation,
currently a two year bill, would make changes to the functioning of LAFCO and
the process by which city and district boundaries are changed as prescribed by
the existing Cortese-Knox Local Government Reorganization Act of 1985. Staff
has sent letters in opposition and testified before the Local Government and
Revenue and Taxation Committee and played a major role in defeating this item
in committee; how ever, reconsideration was granted by State Legislature.
AB 1057 (Hauser) - Agency Member Com ensation• Also a two-year bill, this
legislation has been amended to provide a $100 per meeting stipend to agency
members (a maximum payment of 4 meetings per month). Staff has been supportive
with letters to committee members and the author.
f will continue to monitor and take appropriate action on these and other
rtant, pending legislative issues which will have an impact on the City of
a Vista.
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Item 4 (page 3)
Date 12-15-87
A number of amendments are proposed to update the City's Legislative Program. Some
of the more important changes to the Program include the following:*
Bayf ront/Redevel opment
During the 1987 session, the State Legislature made a number of
attempts to discontinue State supplemental subventions for
redevelopment agencies. The City Council took official action to
oppose this item and therefore it has been added as an important item
of concern to the legislative program.
Fiscal Support/Home Rule
This category contains a number of major amendments which reflect the
City Council's actions to counteract efforts by the State Legislature
to control local revenue resources. Specifically, during the past
year, the State Legislature took action to restrict the use of
Transient Occupancy Tax Revenues, to exempt residential users from the
Utility User's Tax, to reallocate fines and forf eitures and to repeal •
Gas Tax exemptions for local agencies. If approved, these proposals
would have had a significant negative financial impact on the City's
fiscal standing. Therefore, staff has included these items as new
components of the legislative program.
General Government
Although amended in a number of minor areas, including ballot and voter
registration reforms, the most important new addition to this portion
of the legislative program is opposition to mandated district
elections. The City Council took action during the 1987 legislative
session to oppose AB 2190 (Chacon) which mandated district elections
throughout California. It is staff's belief that this is a local issue
and should be decided on that basis and not mandated by the State of
California.
Public Safety
In addition to already existing categories which support Legislation
that strengthens State laws related to the regulation of prostitution,
strict penalties related to the sale of dangerous drugs and life
sentences for repeat offenders related to the sale of dangerous drugs,
staff has added the following items which are intended to strengthen
local law enforcement practices:
*Two copies of the amended policy are attached for Council review. The first copy
denotes additions by underline and deletions by slash marks. The second copy is a
clean, final draft.
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Item 4 (page 4 )
Date 12-15-87
- Support of legislation which would prohibit the sale and
brandishing of replica of facsimile firearms
- Support of legislation to toughen drunk driving laws
- Support of legislation which requires that notification be
given to local law enforcement prior to the release of a
prisoner into a local jurisdiction.
The Public Safety section has also been strengthened by adding
categories which support legislation to fund the removal of abandoned
vehicles as well as supporting legislation which establishes an
abandoned vehicle program allowing the immediate removal by the local
agency of junk/abandoned vehicles. (Please see Section II of the
Legislative Program which discusses those items requiring formal
Council action).
Transportation
Finally, the Legislative Program has been expanded to reference support
for funding that would complete missing links of the interstate with
special emphasis on State Route 125.
The above items are representative of the major addressed by the City during the
1987 legislative session. They have been incorporated into the City's Legislative
Program to facilitate City Council Legislative Committee action if these issues are
raised again during the 1988 legislative session.
As in the past, staff will ensure that formal City Council action is taken on any
item which is not clearly addressed by the Legislative Program. In addition, the
Legislative Committee will continue to actively monitor State legislative proposals
that fall under the guidelines of the Legislative Program with copies of any action
taken forwarded to the City Council for information.
a113mg rs
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the City Council of
Chuta Vita, Caiicrnia
Dated ~ ~_
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1988 LEGISLATIVE PROGRAM
I. Legislation Which Can Be Acted Upon Directly By Staff With Concurrence of
Legis ative Committee
Proposed Legislation
A. Bayfront - Redevelopment
1. Support legislation adjusting
Redevelopment Agency members
pay (more than $30 per
meeting, up to 4 times per month)
Action
8~~~k/Xk~~i~X~~~f bpi/~ik~A~,d
Support AB 1057 (Hauser)
and or simi ar State
egi s an on
2. Support Coordination of Federal Federal/State legislation
Coastal Zone Management Act, needed
Environmental Protection Agency (EPA)
regulations and State Coastal
Zone Act, in an effort to
eliminate duplicate efforts
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3. Oppose efforts to further control State legislation needed
tax increments in redevelopment
projects
4. Seek Port District-State Lands State legislation and
Commission reorganization of tide- local action needed
lands boundaries in cooperation with
Rohr and Santa Fe in an effort
to make better use of land
available for development
5. Request to ~i~i¢X16Ak/~X~~,~O~~ State budget action
¢~ provide additional funding needed
for t e ature nterpretive enter
NIC) exhibits in Environmental
License Plate (ELP) Fund
(Xg~7~$~ 1988-89 Budget Request)
6. Oppose efforts to reduce the $;~,~~k/Xk~i1~X~,t~'b/~/~i~kA~d
number of San Diego Unified Port Oppose SB 385 (Ellis)
District Commissioners and/or and or simi ar State
require commissioners to be egis an on
elected members of the City Council
which they represent
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7. Support efforts which provide
funding for urban waterfront
restoration projects and the
enhancement of the waterfront
within the southern San Diego Bay
State legislation needed
<~: ~~
• $. Oppose efforts to discontinue
the State supplemental
su vent~on or redeye opment
agencies.
B. Fiscal Support - Home Rule
1. Support efforts which:
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a. Permit retention and control
by local governments of
a greater portion of revenue
generated by Federal,
State, and 1 ocal taxesL~`~i~Y~kY`
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State legislation needed
Federal/State legislation
and local action needed
b. Require the Federal government Federal/State legislation
and State to ~~`~~%d~/,~ needed
~~h~~i~~itid~/,tb reimburse local
governments for all mandated
cost or regulatory actions.
c. Retain maximum flexibility in State legislation needed
the administration of Article
XIIIB (the Gann Initiative)
d. Encourage efforts to expand local Local action needed
autonomy or the home rule
authority to govern municipal
affairs.
e. Enhance the quality of urban Local action and State
ife by funding the creation, egislation needed
improvement, or expansion o
par s, ~ raries an community
services.
f. Oppose efforts to restrict the
use of Transient Occupancy Tax
revenues.
Local action and State
legislation needed
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• g. Oppose efforts to exempt State legislation needed
residential users from the
i ~ y sers ax.
r~
C.
D.
h, Oppose efforts to reallocate
' fines and forfeitures
i. Oppose efforts which repeal
Gas Tax exemption for local
agencies
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
sc oo districts
Local action and State
legislation needed
State legislation needed
Local action and State
legislation needed
3. Support legislation to eliminate Local action and State
the State s requirement which legislation needed
mandates ro~ect ommittee and/or
Boards & Commissions mem ers
to comp ete a inancia isclosure
statement
4. Support efforts to free the sample
ballot of campaign rhetoric and
i s or i on
5. Support efforts to return the
"positive purge" method of removing
excess names from t e voter
regis ra ion ro es
Housing & Community Development
1. Support efforts which exclude
redevelopment agencies
rom competitive id ing
statutes and fair mar et value
restrictions or resa e o pu lic
properties to permit joint
eve opment o pu is ac~lities
y private deve opers upon findings
of public benefit
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State legislation needed
State legislation needed
Local action and State/
Federa egis ation
nee e
~%
• 2. Oppose efforts which grant the
State or Federal government
approval or veto authority in
the implementation of local
redevelopment and rehabilita-
tion projects.
E. Land Use Planning
1. Support efforts which:
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a. Strengthen local government's
powers and capacity to prepare
adopt, and implement fiscal
plans and programs for orderly
growth, development, beautifi-
cation, and conservation of
their planning areas.
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.
State/Federal legislation
and local action needed
Local action and State
legislation needed
Local action and State
legislation needed
c. Support efforts which expand Local action and State
the land use, conservation, and legislation needed
growth management policies of
municipalities to the unincorp-
orated territories within their
spheres of influence.
d. Broaden local government's power State legislation needed
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 Loca Control
over genera pan ecisions.
Local action and State
egis ation needed
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• 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.
F. Public Employer-Employee Relations
IL~~`~X/?~~~7~~~i Oppose
AB 169 (Hannigan and
semi ar tate egis-
lation
1. Support efforts to protect the State/Federal legislation
rights of City's to establish needed
conditions of employment, including
hours, wages, employee benefits,
the meet and confer process, appeal
procedures, and management rights.
2. Oppose efforts which:
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a. Impose restrictions on the State/Federal legislation
scope and authority of charter needed
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.
Federal legislation
needed
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 meet and confer
process.
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State legislation needed
Local action and State
legislation needed
• e. Mandate mental health
coverage in group health
insurance plans
f. Reduce local control over
public employee disputes
an impose regu a ions of
an outside agency suc as
ERB .
State legislation needed
Local action and State
legislation needed
G. 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
or injury w ere t ose injuries
were cause as a resu o
avoiding a police pursuit.
H. Public Safety
1. Encourage efforts to strengthen
local law enforcement.
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Local action and State
legislation needed
Local action and State
legislation needed
Local action and State
legislation needed
Local action and State
egislation needed
a. Support efforts that strengthen Local action and State
present State or Federal laws legislation needed.
which give local governments the
power to further restrict or
regulate prostitution.
b. Support legislation that Local action and State
increases penalties for the legislation needed.
manufacture of sale for profit
and/or dangerous drugs including
but not limited to PCP, metham-
phetamine and narcotics.
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• c. Support legislation that
requires life sentences for
repeat offenders related to
sale for profit and/or
dangerous drugs.
d. Support legislation which
pro i i is t o sa a and
ran is ing o rep ica or
acs~mi a firearms.
e. Support legislation to_
toug en run riving laws.
Local action and State
legislation needed
Local action and State
egi s an on needed
Local action and State
eoi s an on nee e
f, Support legislation which Support AB 1728 and
requires notification be given similar State legislation
to oca aw en orcement prior
to t e re ease o a prisoner
in a oun y i y
I. Transportation
1. Support clean-up legislation related
to transportation funding (SB300)
• 2. Support efforts to provide funding
that would complete missing links
on t e interstate; emp asis on
3. Support efforts to fund transportation
II, Legislative Items Requiring Formal Council Action
A. Bayfront-Redevelopment
1, Support Consolidate control and
administration of environmental
regulations and enforcement;
presently in Dept, of Interior;
Corps of Engineers;Dept, of Commerce;
(NOOA); Environmental Protection
Agency (EPA)
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State legislation needed
Local action and State
legislation needed
State legislation needed
Federal legislation
needed
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B. Environmental Protection
1. Support efforts that:
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. Support efforts to provide
funding to study the water
quality-toxic pollution in
San Diego Bay
e. Encourage development of
water resources facilities
and ma a improvements to the
e a
C. General Government
1. Support efforts to fund school
facility construction programs.
2. Support efforts to clarify the
authority of school districts
o impose acs i ies ees
established by CH 887, Statutes
o .
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State legislation needed
Federal legislation
needed
State legislation needed
State legislation needed
Support AB 1710,
SB and similar
State egis at~on
State legislation needed
State legislation needed
f
• 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
Federal/State legislation
needed
b. Maintain and create tax Local action and State/
incentives for private revital- Federal legislation
ization of existing commercial, needed
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. Support legislation to fund Local action and State
t e remova of a andoned egislation needed
ve is es
c. Establish an abandoned vehicle Local action and State
program allowing the immediate legislation needed
remova by the City of jun
a an one ve is es
WPC 1883A
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