Legislation Details

File #: HIST-21125    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 12/10/2012 Final action: 12/10/2012
Title: (1) Consideration of Recommendations from the Ad-Hoc Legislation and Grants Subcommittee; (2) Adoption of a Resolution Approving the Implementation of the Legislative Advocacy Program Effective 2012 and Rescinding Resolution No. 2008-R018; and (3) Potential Dissolution of the Ad-Hoc Legislation and Grants Subcommittee.
Attachments: 1. (1) Consideration of Recommendations from the Ad-H - A-7__12-12-10__CMO__CITY COUNCIL__Legislative Program - FINAL.pdf, 2. (1) Consideration of Recommendations from the Ad-H - A-7__12-12-10__ATT__CMO__Culver City Leg Program 2012.pdf
City of Culver City, California Agenda Item Report RECOMMENDATION: Staff is transmitting the Ad-Hoc Legislation and Grants Subcommittee’s recommendations to the City Council for consideration. Staff recommends City Council adopt a Resolution approving the implementation of the Legislative Advocacy Program effective 2012 and rescinding Resolution No. 2008-R018 and discuss the potential dissolution of the Ad-Hoc Legislation and Grants Subcommittee. BACKGROUND: Culver City, particularly through direct action of the City Council and its members, has a long history of actively pursuing the policy interests of the City through the support (and sometimes opposition) to legislative proposals in Sacramento and Washington, DC. Over the past several years, the City Council has adopted a Legislative Advocacy Program (Program). The most recent Program was adopted on April 7, 2008 (Resolution No. 2008-R018). The purpose of the Program is to provide guidance to the City Council regarding advocacy on legislative positions. Guiding principles included in the Program are intended to provide direction on matters that affect the funding, programs, projects, and operations of the City of Culver City. At the May 7, 2012 City Council Meeting, Councilmember Clarke suggested creating a Legislation and Grants Subcommittee to express the views of the City to elected officials and to be proactive in pursuing grants. The City Council considered this request and approved the creation of an Ad Hoc Subcommittee comprised of Meeting Date: 12/10/12 Item Number: A-7 CITY COUNCIL AGENDA ITEM: (1) Consideration of Recommendations from the Ad-Hoc Legislation and Grants Subcommittee; (2) Adoption of a Resolution Approving the Implementation of the Legislative Advocacy Program Effective 2012 and Rescinding Resolution No. 2008-R018; and (3) Potential Dissolution of the Ad-Hoc Legislation and Grants Subcommittee. Contact Person/Dept.: Shelly Wolfberg Phone Number: (310) 253-6008 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [X] Attachments: [X] Commission Action Required: Yes [] No [X] Date: _______________ Public Notification: (E-Mail) Agenda and Meetings – City Council (12/0712) Department Approval: Martin R. Cole (12/07/12) City Attorney Approval: Carol Schwab (by H. Baker) (12/07/12) Chief Financial Officer Approval: Jeff Muir (by N. Kimball) () City Manager Approval: John Nachbar () City of Culver City, California Agenda Item Report Councilmembers Clarke and Sahli-Wells with the task of evaluating grant availability and grant writing and legislation. DISCUSSION: In recent months, staff has met with the Ad Hoc Subcommittee to discuss current processes related to grants and legislation. The group primarily focused its efforts on legislation and legislative advocacy. At the request of the Subcommittee, staff is forwarding the recommendations of the Subcommittee and is also providing some additional comments from staff. Many of the proposals contained in the Subcommittee’s recommendations mirror those already in practice. Recommendations from the Ad-Hoc Legislation and Grants Subcommittee: Framework In determining which legislative proposals to consider, we propose establishing the following priorities: 1. Legislation which has a direct impact positive or negative upon the City; 2. Legislation which promotes the City’s priorities (as determined by City staff and approved by City Council) 3. Legislation sponsored by our elected officials which helps to build our relationship with them. Prior to the beginning of a legislative session (Fall of even years), the City Manager will direct the City departments to prepare a list of county, state and federal legislative priorities, which will be reviewed by Senior Management and presented to the City Council for adoption prior to the end of year. Whenever possible, the list will indicate if legislation has been previously sponsored regarding the issue or if this requires new legislation. The list of adopted legislative priorities will become the guide for the City Manager to determine whether the City would take a position on a specific piece of legislation and whether the position would be one of support, support if amended, oppose. The City staff will utilize all avenues available to become aware of pending legislation, including the League of California Cities, U.S. Conference of City of Culver City, California Agenda Item Report Mayors, municipal associations, professional associations, issue organizations, residents, and elected officials. It is important to identify these legislative proposals early in the process if we wish to influence the outcome of the process and to continue to track legislation throughout the session as legislation can and often is amended with substantial changes. The City Manager is encouraged to utilize the Mayor and interested Council members in the development of legislative correspondence as long as it does not overly delay the response. Any proposed letter of support or opposition will be prepared by City staff and signed by the Mayor. The letter will be shared with the other members of the City Council, posted on the City web site, and reported upon by the City Manager at the following Council meeting. If new legislation is necessary, the City Manager, department manager and members of the Council as appointed by the Mayor will arrange to meet with the appropriate elected official to determine if legislative sponsorship is possible. The City will provide factual information to the elected official to bolster the case for sponsorship. The Mayor or his or her appointee and one other member of the Council appointed by the Mayor, along with appropriate City staff, will arrange to meet regularly with our county, state and federal elected officials to discuss issues of mutual interest. That Councilmember can vary based on the subject matter. Whenever appropriate and in the interests of the City, we will support and promote legislation sponsored by our county, state and federal elected officials. In doing so, we hope to strengthen our relationship with these officials. If we find that we oppose legislation sponsored by one of our county, state and federal officials, we will express that opposition in person in a private meeting with the elected official before making any opposition public. In even years (the second year of the legislative session), City staff will review and amend the list of legislative priorities, as necessary, and present any proposed amendments to the City Council for adoption during January of even years. City of Culver City, California Agenda Item Report SUMMARY OF SUB COMMITTEE RECOMMENDATIONS: The City Council is being asked to discuss and consider adoption of this framework. In summary, the Subcommittee suggests the City Council decide the following items: Legislative Advocacy Program Adoption Staff updated and discussed the new Program (Attached) with the Subcommittee and Executive Management. This document will serve as a guide for staff during the Legislative session and form the basis for position letters and other legislative advocacy efforts undertaken by staff and the City Council. In addition to staff recommended changes, Subcommittee Member Sahli-Wells is recommending the following substantive proposed updates: 1. Support statewide efforts to ban or impose fees on the distribution of single-use carryout bags and polystyrene containers. (Polystyrene containers were added by Subcommittee Member Sahli-Wells). 2. Support the Police Department’s mission of providing visible patrol; criminal investigations; follow up investigations; traffic accident investigations; and specialized investigations such as identity theft, vice offenses, and similar crimes. 3. Support efforts to advance the Police Department’s goals to enhance community safety through the deterrence/prevention of crime, the apprehension of offenders, and the education of the public in self-protective measures to minimize victimization. 4. Support the Fire Department’s mission of providing Emergency Medical Services; fire suppression and rescue services; hazardous material spill mitigation; fire prevention; arson investigation; and public education. 5. Support legislation to preserve and enhance Culver City’s quality of life by: improving and protecting our parks and natural resources through best environmental practices; working constantly to make our parks safe, clean and healthful; facilitating and providing recreation and leisure opportunities; promoting health, wellness and human development; strengthening our sense of cultural unity through recognizing our cultural diversity; and strengthening our community’s image and sense of place through collaboration with community members and groups. 6. Support efforts to maintain and increase funding for transportation operations, programs and projects throughout the City including public transit, alternative transportation, bicycle and pedestrian projects, to enhance safety, reduce congestion, and increase efficient circulation in the City. 7. Promote goals and objectives in the City Council Adopted Bicycle and Pedestrian Master Plan, including “Complete Streets”. City of Culver City, California Agenda Item Report 8. Advocate for the preservation and enhancement of funding for Safe Routes to Schools. Additionally, Subcommittee Member Sahli-Wells included the following items as listed under the expanded section entitled: Government Transparency, Participation, Accessibility, and Public Notification. Government Transparency, Participation, Accessibility, and Public Notification 1. Support legislation and funding that provides for greater opportunities for transparency, enhanced delivery of government information, government accountability and public access for the community. 2. Support legislation and funding which increases opportunities for collaborative problem solving, maximum information accessibility and maximum inclusion in participatory processes whenever possible. Additional Staff Recommendation: Should the City Council choose to adopt these items as part of the Program, staff recommends adding the word “and funding” in order to seek opportunities to recover any additional costs for implementing legislation in this area. Regularly Scheduled Meetings with Legislators As stated in the aforementioned Subcommittee’s recommended framework, the Subcommittee recommends that the Mayor appoint a Councilmember to join him or her in attending regularly scheduled meetings with legislators who represent Culver City. The appointed Councilmember may vary according to subject matter and availability. Annual City Council Overview of New Legislation The Subcommittee has recommended that staff bring forward a report to the City Council with all of the bills to track for the legislative session in March. This would follow the February 22 nd deadline for bills to be introduced in the State Legislature. The annual review would not preclude the City Council from considering individual bills at a City Council meeting at any time throughout the year. City of Culver City, California Agenda Item Report Review of Positions Recommended by Non-Profit, Environmental, and Professional Organizations As part of staff’s review compilation of bills to track, the Subcommittee has requested that staff review and identify issues from non-profit, environmental and professional organizations that have areas of interest to both those groups and to the City. Dissolution of the Ad-Hoc Legislation and Grants Subcommittee With the presentation of this recommendation, the Subcommittee considers its legislative work complete and recommends the dissolution of this body after concluding a final discussion on grants. FISCAL ANALYSIS: There is no fiscal impact to implement the Ad-Hoc Legislation and Grants Subcommittee’s recommendations. ATTACHMENT: Resolution and Draft Proposed Legislative Advocacy Program MOTIONS: That the City Council: 1. Consider the following recommendations from the Ad-Hoc Legislation and Grants Subcommittee and provide direction to the City Manager on: a. Establishment of regularly scheduled meetings with Legislators; b. Preparation of an annual overview of new legislation for presentation to the City Council in March of each odd numbered year; c. Identification of issues that are important to various non-profit, environmental, and professional organizations AND City of Culver City, California Agenda Item Report 2. Consider and discuss the revised Legislative Advocacy Program; and (if desired) adopt a resolution approving the implementation of the Legislative Advocacy Program effective 2012 and rescinding Resolution No. 2008-R018; and 3. Dissolve the Ad-Hoc Legislation and Grants Subcommittee at a date certain. MEETING DATE: December 10, 2012 AGENDA ITEM: (1) Consideration of Recommendations from the Ad-Hoc Legislation and Grants Subcommittee; (2) Adoption of a Resolution Approving the Implementation of the Legislative Advocacy Program and Rescinding Resolution No. 2008-R018; and (3) Potential Dissolution of the Ad-Hoc Legislation and Grants Subcommittee. ATTACHMENTS Pages Resolution and Draft Proposed Legislative Advocacy Program. 1-12 12 Legislative Advocacy Program United States Congress and California State Legislature City of Culver City City Council Adopted (Date) Contact: Shelly Wolfberg, Assistant to the City Manager: 310-253-6008 shelly.wolfberg@culvercity.org www.culvercity.org 3The purpose of the City of Culver City’s Legislative Advocacy Program is to provide guidance to the City Council regarding advocacy on positions regarding legislation. The guiding principles included herein are intended to provide direction on matters that affect the funding, programs, projects, and operations of the City of Culver City as a governmental organization. Economic Stability & Financial Development Tax Base • Support legislation that protects the distribution of sales tax to the City. • Support legislation that addresses issues created by Culver City’s status as a “low property tax” City. • Support efforts to simplify the collection of sales taxes nationwide and provide an equitable method for collecting sales taxes for Internet and catalog sales. • Support efforts to exempt cities from paying State sales tax. • Oppose any actions that the state or federal government may take to divert revenues from local cities. • Oppose legislation that compromises the City’s ability to require and/or collect appropriate business license fees from Culver City businesses. • Support legislation that assists the City in its efforts to create an overall revenue structure which balances stable and economically sensitive sources. State and Federal Mandates • Support legislation that provides funding for state and federal mandates placed upon local government. • Oppose any legislation that would place a mandate on the City without providing the funds necessary to carry out the mandated program. Render mandates invalid if not fully funded. • Oppose any legislation that would require any mandated obligations to continue after funding for the mandate has been eliminated. City Revenues • Support legislation that would favorably address the State/local government fiscal relationship, including the capping and or return of ERAF (Educational Revenue Augmentation Fund) dollars to cities. 4• Oppose legislation that would reduce revenue which the City receives from or which is collected by the state. • Oppose any legislation that would reduce the City’s autonomy and flexibility in dealing with the financing of public services. Employment • Support legislation which ensures and enhances quality public services by fulfilling the human resource and employee relations needs of the City. • Support efforts to reform workers’ compensation statutes that streamline the system and provide adequate benefits for injured workers, while continuing to control employer costs. • Monitor mandates relative to health care costs and services. Community Development Housing • Support legislation that allows local government to make decisions regarding housing density levels. • Support legislative efforts and seek grants that support the development and improvement of affordable housing within the City. • Support advocacy efforts to raise the funding levels and allowable fair market rents (FMRs) for the City’s Section 8 Housing Choice Voucher Program (HCVP) to improve access to rental housing units by low income households and increase the number of households served. Economic Development • Support legislation that fosters the City’s efforts to spur economic development, revitalize communities and remove blight. • Oppose legislation which impairs the City’s ability to meet existing legal and contractual obligations. • Oppose legislation that impairs the City’s ability to carry out its mission of improving the economic vitality of the area while preserving the quality of life. • Oppose mandates or restrictions placed on the use of economic development funds. • Oppose efforts to usurp local zoning authority. 5• Support efforts to develop and promote policies, legislation and grants that help urban areas foster greater economic opportunity. • Support efforts to retain, expand, and attract businesses to the City that create jobs compatible with the local workforce and tax revenues for the local economy. • Support efforts to ensure that requirements and government mandates for local businesses are reasonable. Environment Air/Water Quality • Support efforts and seek grants, including partnerships with the private sector, schools, public agencies, and non-profit organizations, to provide assistance with environmental clean-up projects. • Support efforts to advance clean-up of and improvements for waterways that affect the City. • Seek state and federal funds to support the assessment of water quality and the cleaning of Ballona Creek. • Support reasonable environmental regulations aimed at enhancing air and water quality, reducing stormwater pollution, and providing opportunities for corresponding funding mechanisms. • Support efforts to ensure that Total Maximum Daily Load (TMDL) requirements, which represent the maximum amount of a pollutant that a water body can receive and still meet water quality standards, are achievable and cost-effective as well as efforts to provide the funding necessary to meet them. Support legislation that protects municipalities from litigation if they are making good faith efforts to meet requirements. • Support measures that would promote the use of reclaimed water. • Support legislation that improves air quality in Culver City and surrounding areas. • Support legislation and grants that encourage the use of innovative, efficient, and renewable alternative fuels for vehicles. • Support measures that would increase the City’s ability to comply with environmental regulations. • Support efforts to help municipalities plan for and fund electric vehicle infrastructure. 6• Support statewide efforts to ban or impose fees on the distribution of single-use carryout bags and polystyrene containers. • Support funding for greenhouse gas inventories, climate action plans, and other work that will help further the goals of AB 32 and related legislation. • Support efforts to ensure that air quality, groundwater and public health are protected during oil and gas drilling. • Support legislation that would place financial responsibility for the disposal of products on product manufacturers rather than local jurisdictions. Energy • Support efforts to preserve municipalities’ opportunities to provide energy alternatives to residents and businesses and to maintain a utility-established rate structure that is fair and equitable for the City and its residents. • Support legislation that promotes reliable, affordable, and renewable energy for businesses and residents. • Support Community Choice Aggregation legislation and policies which would allow cities and counties to aggregate the buying power of individual customers within a defined jurisdiction in order to secure alternative energy supply contracts. Oppose fees and penalties that tend to make Community Choice Aggregation cost prohibitive. • Support legislation that promotes funding solar energy and photovoltaic technology as well as energy conservation-related upgrades to public facilities and the private sector. • Support legislation to eliminate site-specific “net metering” requirements for municipalities that wish to acquire solar, wind or other renewable energy systems. Current restrictions prevent or make it difficult for the City to produce solar power at one facility and take credit for it on the bill at another facility. Community Safety Public Safety & Crime Prevention • Support the Police Department’s mission of providing visible patrol; criminal investigations; follow up investigations; traffic accident investigations; and specialized investigations such as identity theft, vice offenses, and similar crimes. • Support efforts to advance the Police Department’s goals to enhance community safety through the deterrence/prevention of crime, the apprehension of offenders, 7and the education of the public in self-protective measures to minimize victimization. • Support the Fire Department’s mission of providing Emergency Medical Services; fire suppression and rescue services; hazardous material spill mitigation; fire prevention; arson investigation; and public education. • Support legislation and pursue grants to fund new technology and equipment and improve and replace existing technology and equipment for Police and Fire, including resources to support the Interagency Communications Interoperability System (ICIS). • Support legislation and pursue grants that would provide funding for public safety facilities, including resources to support the construction of a replacement Drill Tower/Classroom facility. • Support legislation that provides funding for equipment, training, educational materials and exercises that enhance local capabilities to mitigate, prepare, respond, and recover from small to large scale incidents and emergencies. • Support efforts to maintain City reimbursements for personnel costs paid to public safety employees for training and required appearances in state and/or County courts. • Support the availability of regional healthcare facilities, such as Brotman Medical Center. Neighborhood Development Homeless Assistance • Support efforts to reduce homelessness and increase services to the homeless both locally and regionally. • Seek grant funding to assist with the City’s homeless programs. • Support legislation to help cities address homeless encampments in a way that balances the needs and rights of the homeless with local health and safety concerns. Arts • Support the expansion of arts opportunities to the public. • Support legislative efforts and grant opportunities that help fund the City’s community arts programming. 8Parks & Recreation • Support legislation to preserve and enhance Culver City’s quality of life by: improving and protecting our parks and natural resources through best environmental practices; working constantly to make our parks safe, clean and healthful; facilitating and providing recreation and leisure opportunities; promoting health, wellness and human development; strengthening our sense of cultural unity through recognizing our cultural diversity; and strengthening our community’s image and sense of place through collaboration with community members and groups. • Support legislation, grants, and funding for parks and recreation, programs, maintenance, parkland acquisition, and capital improvements, to increase the quality of life for Culver City residents. • Explore legislation and seek grants that are intended to serve dense urban areas. • Support legislation that limits the City's liability at park and recreation facilities to instances when the City has acted negligently. Senior & Social Services • Support efforts to maintain or increase funding for senior housing and nutrition programs, disabled services, paratransit services, and intergenerational care programs. • Support legislation that funds educational, recreational and physical fitness related programs for seniors. • Support legislation and seek grants that provide financial relief for cities in making facilities and other public places accessible as mandated by the Americans with Disability Act (ADA). • Support Community Development Block Grant (CDBG) funding at least at the current annual funding levels. Youth & Education • Support legislation and grants that promote services for the City’s youth including youth employment, mentoring, diversion, and intervention programs. • Support legislation and seek grants that enhance the services provided to children, parents, and families, including early education programs. 9• Support and collaborate with Culver City Unified School District to secure funding that assists in enhancement and further development of education and the Youth Health Center. Transportation • Support efforts to maintain and increase funding for transportation operations, programs and projects throughout the City including public transit, alternative transportation, bicycle and pedestrian projects, to enhance safety, reduce congestion, and increase efficient circulation in the City. • Promote goals and objectives in the City Council Adopted Bicycle and Pedestrian Master Plan, including “Complete Streets”. • Advocate for the preservation and enhancement of funding for Safe Routes to Schools. • Support efforts to increase funding for other regional rail projects. • Support efforts to fund the I-10/Robertson Interchange and other projects that will help relieve traffic congestion in the Westside subregion. • Support efforts to enhance and protect state, local and federal funding for Culver City’s mass transit and transportation projects. Public Works • Support legislative efforts to ensure that the City maintains public rights-of-way control and to allow the City to collect fair compensation for its use. • Support efforts to maintain and increase funding for streets and roads maintenance and transportation infrastructure programs throughout the City. • Support efforts to maintain and increase funding for bicycle and pedestrian- related improvements. • Support efforts to reduce barriers to local governments implementing bicycle and pedestrian infrastructure, including innovative treatments. • Oppose legislation that would compromise local control in regards to refuse collection, recycling, hazardous materials handling, landfill operations, and the safe transport of waste both interstate and intrastate. • Oppose legislation that would compromise local control in regards to sewer operations and treatment. • Advocate for funding for the City’s aging sewer system. 10• Support legislation that preserves the right of local government to set fee structures. • Support efforts to identify increased funding and grants for traffic mitigation and congestion management. • Oppose legislation that would put additional responsibility on municipalities for the maintenance of sidewalks and other public infrastructure without adequate funding. • Support local control over construction contract management, including retention amounts and prevailing wages. Telecommunications • Support legislation that provides individual universal access to the Internet. • Support legislative efforts to ensure that the City receives the maximum benefit from Internet commerce. • Support legislation that enables Municipal Broadband Wireless Deployment. Additional Issues Preemption of Local Authority • Oppose any legislation intended to preempt the current authority possessed by the City and delegates that authority to the State or other government agencies. • Support legislation that protects and/or expands the City’s authority and rights over its affairs. Entertainment • Support legislative efforts to keep film, television, and commercial advertisement production and post-production in the State of California, especially in Culver City. • Support the California Legislature and the federal government in their efforts at the federal level to maintain film and television production in the United States. City’s Liability • Support legislation and policies that shield cities from being treated as deep pockets. • Support legislation that limits liability to instances when cities have acted negligently. 11• Support legislation limiting the instances when cities have to pay damages without having acted negligently. • Oppose legislation which impairs the City’s ability to meet existing legal and contractual obligations. Government Transparency, Participation, Accessibility, and Public Notification • Support legislation and funding that provides for greater opportunities for transparency, enhanced delivery of government information, government accountability and public access for the community. • Support legislation and funding which increases opportunities for collaborative problem solving, maximum information accessibility and maximum inclusion in participatory processes whenever possible. • Support legislation that allows electronic mail (e-mail) as an accepted form of communication for mandated notifications. Code Enforcement • Oppose legal requirements and constraints that would inhibit the City’s ability to perform nuisance abatement related to conditions, activities and places. 12