Loading...
HomeMy WebLinkAbout1988-03-22; City Council; 9348; Legislative programCIT" OF CARLSBAD — AGEND BILL JS4-1•H ro 0000 CO.„ > *-* -Hcn 4-1cu cd4J rH3 cnS -H •H 60S cu rH CUco cucn J3 cn o C 4J CU CUrt S -acu cu T3 4-1 4-1 CU Cd C•U 4J -Ha, cn oo ex'ago,cd M cdo a 4.) *-i • PL, cn C -HO J3 O 4J rH S cd 3 >,o •H rH OPH t — I •HOa3 00 13CU OH0 *X)cd ,—i •HOC 3OO 000010-1<N 1 CO •H 60 CU rH CU M O£3 CU Go *4-l 0 co•H4-1•H T3 ^cd cu 4J 13GClj CO •H ^cu t ~\ CO!^cu ,0Ecu * rH •Hac3 0 o *"O £^cd cucu 4J 4-1 •Ha g O Un 3 CO OO AR* **# MTR 3/22/88 DEPT. R/AG TITLE: LEGISLATIVE PROGRAM DPPT HD.J^/^ CITY ATTYV/Q CITY MGRgW RECOMMENDED ACTION: Adopt Council Policy No. ^?? , establishing the guidelines of Carlsbad's Legislative Program. Adopt Resolution No. ffl-&, adopting Carlsbad's Legislative Platform. ITEM EXPLANATION: Historically, the City has handled legislative matters in an ad hoc procedure. Although this has been adequate in the past, a program that more efficiently and effectively handles legislation should be considered. Now would be an opportune time to do so, in light of the creation of the San Diego County Legislative Coalition which is being formed to increase this region's legislative effectiveness. After researching the legislative programs of several other cities, Staff believes the following program would best suit Carlsbad. Briefly: 1. PARTICIPATE IN THE COUNTY LEGISLATIVE COALITION, which will serve to promote the unified position of municipalities in San Diego County to the State and Federal legislature. (See attached for Coalition guidelines and platform.) 2. ADOPT A LEGISLATIVE PLATFORM expressing the City's overall legislative concerns, rather than addressing individual bills in a piecemeal fashion. The City could adopt the Coalition's platform as a base and add to it as needed. (See attached resolution containing proposed City platform.) 3. ESTABLISH A LEGISLATIVE SUB-COMMITTEE, consisting of the Mayor, one Councilmember and the City Manager (or his designated representative), to review bills to determine consistency with the adopted platform and authorize appropriate action. Bills not covered by the platform would be placed on the Council agenda for consideration. 4. MONITOR the League of California Cities' Legislative Bulletin, the San Diego County Legislative Coalition, SANDAG, and department heads for bills pertinent to the City of Carlsbad. 5. SUBSCRIBE TO CITYLINK, a telecommunications network offered by the League of California Cities to expedite the exchange of legislative information. The annual cost of CITYLINK is $1,890. The set-up cost would total $1,000 for installation, training and a modem. This program will allow the City flexibility in the number of bills it follows and the amount of staff time it devotes to legislation. Page Two of Agenda Bill No. FISCAL IMPACT: 1. Subscription to CITYLINK - $1,890 annual subscription cost, plus $1,000 for installation, training and a modem. Funds available in the Research/Analysis Group budget. 2. Staff time, which will vary depending on the number of bills monitored. EXHIBITS: 1. Council Policy No. ^2^ , describing Carlsbad's Legislative Program. 2. Resolution No. //-fj adopting Carlsbad's Legislative Platform. 3. Letter to City Manager from James C. Hagaman regarding the legislative program, dated February 18, 1988. 4. San Diego County Legislative Coalition Guidelines. 5. League of California Cities' memo titled "Organizing for Legislative Effectiveness - Is Your City Prepared?", December 1987. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: ADMINISTRATION Specific Subject: Legislative Program Policy No. 39 Date Issued 3-22-88 Effective Date 3-22-88 Cancellation Date Supercedes No. Copies to:City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE To establish the guidelines of the City's legislative program. BACKGROUND: Historically, the City handled legislation in an ad hoc procedure. As the number of bills the City addressed increased, so did the need to establish a program that more efficiently and effectively handled legislative matters. Staff researched the programs of several cities in San Diego County to develop an appropriate and flexible program for Carlsbad. STATEMENT OF POLICY: 1. Participate in the County Legislative Coalition, which will serve to promote the unified position of municipalities in San Diego County to the State and Federal Legislature. 2. Adopt a legislative platform expressing the City's general legislative concerns. 3. Establish a legislative sub-committee, consisting of the Mayor and one other Councilmember, to review specific bills for consistency with the platform. Bills of interest to the City not covered by the platform shall be forwarded to the full City Council for consideration. PROCEDURE: A. Adopt the County Legislative Coalition's Platform as a base and add to it as needed. " B. Staff will monitor the League of California Cities' Legislative Bulletin, the San Diego County Legislative Coalition, SANDAG and department heads to learn about bills which would have a direct and significant impact on the City of Carlsbad. C. Staff will present pertinent bills to the legislative sub-committee for review. If a bill is consistent with the adopted platform, the sub- committee will authorize appropriate action. If a bill is not covered by the adopted platform, it will be placed on the Council agenda for consideration. D. Staff will provide the full Council with a monthly update on the progress of key bills. EXHIBIT 3 February 18, 1988 TO: CITY MANAGER FROM: Research/Analysis Group Manager LEGISLATIVE PROGRAM Historically, the City has handled state legislation in an ad hoc procedure. Although this has been adequate in the past, a program that more efficiently and effectively handles legislative matters should be considered. Now would be an opportune time to do so, in light of the creation of the San Diego County Legislative Coalition which is being formed to increase this region's legislative effectiveness. After researching the legislative programs of several other cities, Staff believes the following program would best suit Carlsbad: 1. JOIN THE COUNTY LEGISLATIVE COALITION, which will serve to promote the unified position of municipalities in San Diego County to the State and Federal legislature. As one goal of the Coalition is to enhance communication and cooperation among agencies in the region, to avoid alienation of any city/county each agency will have the right, and power, to veto Coalition endorsement. A veto, however, would not preclude independent action by member agencies. By joining the Coalition, the City will benefit from the experience and resources of other agencies in the County. (See attached for Coalition guidelines and platform.) 2. ADOPT A LEGISLATIVE PLATFORM expressing the City's overall legislative concerns, rather than addressing individual bills in a piecemeal fashion. The City could adopt the Coalition's platform as a base and add to it as needed. 3. ESTABLISH A LEGISLATIVE SUB-COMMITTEE, consisting of two Councilmembers and the City Manager (or his designated representative). The sub- committee would determine if specific bills are consistent with the adopted platform and if so would authorize appropriate action. Bills not covered by the platform would be placed on the Council agenda for consideration. As there may not always be time to place an item on the agenda, because of an impending vote in the Legislature, Council may want to give the sub-committee the authority to make urgent decisions on bills not covered by the platform when necessary. In all cases, a summary of action taken would be forwarded to the City Council. 4. MONITOR the League of California Cities' Legislative Bulletin, the San Diego County Legislative Coalition, SANDAG, and department heads to learn about bills which would have a direct and significant impact on the City of Carlsbad. 5. SUBSCRIBE TO CITYLINK, a telecommunications network, data base and electronic mail system offered by the League of California Cities which would expedite the exchange of legislative information. Its bill tracking service would assist the City in responding to legislative action in a timely and effective manner. The annual cost of CITYLINK is $1,890. There is also a one-time training and installation fee of $250. Staff believes this program would allow the City flexibility in the amount of staff time utilized and the number of bills addressed. This program would also allow the City to respond to legislation in a timely manner. Also attached for your information is the League of California Cities' suggestions for enhancing legislative effectiveness. JAMES C. HAGAMAN Attachments JCH:GM:pgk EXHIBIT H LEGISLATIVE COALITION GUIDELINES I. Purpose To establish a coalition of local agencies, to develop a legislative program which reflects County-wide issues, and to promote this program, through local elected officials on State and Federal levels. II. Goals To create a coalition of local public agencies which reviews State and Federal legislative proposals and rules and regulations and coordinates a regional response when possible. To increase the legislative effectiveness of the entire region on issues of mutual concern. To create a network of support for issues of special importance to individual jurisdictions. To establish a forum for enhancing communication among agencies over legislative matters. To achieve greater efficiency through shared review and information transfer among agencies. III. Membership The Coalition membership will consist of a representative from all cities in the County. The County of San Diego and the San Diego Association of Governments (SANDAG). All agencies will be recognized as voting members with the exception of SANDAG which will serve as an ex-officio member. Special support and input will be requested from local public and quasi-public entities on as as-needed basis. IV. Roles and Responsibilities Coalition: Meets monthly to discuss regional issues and positions on new and pending State and Federal legislation. Lead Agency: Coordinates legislative positions for dissemination to Coali tion members and establishes meeting dates. Tracks and maintains legislative voting records on bills pursued by the Coalition. The lead agency will also keep the League of California Cities apprised of the Coalition's position on legislative proposals it considers. The responsibilities and role of the lead agency shall be rotated on an annual basis. Rotation of this role shall be tied to the City/ County Managers' Association (CCMA) rotation. Participating Agencies It is the responsibility of each participating agency to: (1) review the League Bulletin, and other material which may pertain to legislation, on a regular basis: (2) share any information on regional issues and concerns with other agencies: (3) notify the lead agency of their position on specified issues anytime they are unable to attend any Coalition meeting: (non-communication will be recorded as an abstain on the issue when a vote is taken) and (4) take action on issues as prescribed by the legislative guidelines and platform when applicable. V. Action Coalition support/opposition to a specific legislative proposal requires a unanimous vote by all agencies (excluding abstentions). Only in this instance can the support/opposition of the coalition regarding proposed legislation be noted in correspondence to State and Federal legislators. Each agency will be entitled to one vote. The vote may be forwarded to the lead agency in writing or orally if the agency is unable to attend the legislative coalition meeting. Notwithstanding the above, action, or non action by the Coalition to support/oppose specific legislation does not preempt independent action by member agencies through their respective legislative networks. VI. Meeti ngs The Legislative Coalition shall meet at 9:00 a.m. on the first Thursday of every month. Emergency meetings may be called on an as-needed basis by the lead agency. WPC 18S3A EXHIBIT 5 League of California Cities 1400 K STREET • SACRAMENTO, CA 95814 • (916)444-5790 California Cities Wor* Together ORGANIZING FOR LEGISLATIVE EFFECTIVENESS - IS YOUR CITY PREPARED? The League of California Cities is a grassroots lobbying organization in the truest sense of the word. Because the League is forbidden by law to make campaign contributions to legislators, we depend upon the active participation of city officials to make our case in the Legislature. Indeed, our access to legislators -- our ability to influence legislators' votes -- is a direct result of the hard work of our members and the strength of their position. Therefore, it is of crucial importance that every single city become actively and consistently involved in the League's legislative effort. Your involve- ment will benefit not only all cities, but yours as well. The following ten points suggest ways your city can be organized to enhance its legislative effectiveness for issues of importance to the League and your city. These suggestions are meant to be general in nature and can be adapted to fit local needs. Each action suggested has a specific purpose and is not meant simply to generate paperwork. For example, sending letters to legisla- tive committee chairs ensures that your city's position is included in the written committee analysis of the bill. The League's Legislative Bulletin is the main legislative communication vehicle between the League and cities. Each Friday during the legislative session, the Bulletin is mailed to all mayors, city managers and clerks in non-manager cities. Additional subscriptions are available for a modest charge. The Bulletin highlights priority bills as they move through the legislative process, occasionally requests comment from city officials about a particular bill's impact, and frequently requests cities to write letters supporting or opposing bills. (Note: While most cities receive the Bulletin on Monday or Tuesday of the following week, the Bulletin is available on CITYLINK, the League's telecommunications network, Friday afternoons, or the day it is mailed.) Questions about these ten points (or any legislation) may be directed to the Legislative Hotline in the League's Sacramento office (916/444-5790). (Note: If you wish to obtain copies of bills, the fastest and easiest way is to call the Legislative Bill Room at 916/445-2323. Request bills by number, except for bills signed by the Governor, which should be ordered by Chapter number.) 1. Make sure one staff person 1s responsible for Immediately reviewing the League's Legislative Bulletin and Initiating a timely city review and response. Usually this is the city manager, assistant city manager or assistant to the city manager. Often this person duplicates the Bulletin for distribution to council and department heads and coordinates follow-up as appropriate. During the busiest periods of the legislative session, a response from your city may be needed in less than a week and occasionally in one or two days, so it is important that someone has the responsibility for coordinating your city's response. 2. Establish a quick and simple procedure to enable your city to take a position on bills in the Bulletin, as well as other bills of interest to the city. There are various methods cities use to determine a position on a bill. Frequently, the city will adopt the League's position, unless the city manager (or staff person responsible for tracking legislation) recommends additional review by the council. Or, the city council may wish to discuss the bill before taking a position. The important point here is that your city should take a position early in the legislative process and not wait until late in the legislative session. League positions usually are taken after the quarterly policy committee meetings. The Legislative Bulletin indicates positions for priority bills; positions on other bills are available from the Legislative Hotline or CITYLINK. 3. Respond to League requests for bill review and support/oppose letters in a timely manner. Keep track of your positions and responses. Most importantly, provide follow-up responses as requested throughout the legislative session. Since bills are heard before several committees, and your support or oppose letters do not necessarily follow bills through the process, it is vital that you continue to respond immediately to our requests for support or oppose letters even though you may have already written a letter earlier. The importance of contacting a legislator on time cannot be overemphasized. The most eloquent letter or phone call to the Capitol does no good if it arrives after a vote. If your city has an established position, you should be able to send follow-up letters as requested in the Bulletin with little or no delay. In most cities, the Mayor signs the letter. "Resolutions" of support or opposition by themselves are not effective and should not be sent"You may want to refer in your letter to a resolution, but don't send it. Letters should include references to local needs and local impacts of a bill. The Bulletin will identify the committee members to whom a letter should be sent. As a rule of thumb, letters of support or opposition should be sent to the committee chair, with copies to the bill's author, your legislators, the League and committee members. The usefulness of sending a letter to the committee chair is that your city's opposition or support will be included in the committee's written analysis of the bill, where it will be read by members of the committee and members of the House when the bill is heard on the floor. If you do not have the member's office number, letters may be addressed: Senator/Assembly Member [name] (Chair, Senate/Assembly Committee) --optional, if appropriate State Capitol Sacramento, CA 95814 - 2 - 4. Establish a procedure for urgent (1 day) action on bills, when requested by the League (sometimes on bills on which your city may have no position). Occasionally, a new bill is introduced or an important amendment is made or proposed that requires immediate response by cities. The Legislative Bulletin asks for immediate action or cities in key legislative districts are called and asked to call their legislator to request certain action. You need to have a quick and simple method to get that call made. Usually the Mayor or a council member makes the call, in consultation with staff or other council members. 5. If your legislator is a member of a key committee (i.e., Local Government, Ways and Means, Appropriations, etc.), it is especially important that your city respond to as many bills as possible listed in the Bulletin. (Even if your representative is not a member of a key committee, it is still important to respond.) Do not worry about writing your legislator about too many bills. Remem- ber, the Bulletin only includes a fraction of all the bills introduced. Your representatives need to hear from you! This is especially important if they sit on key legislative committees. 6. Always send the League copies of your letters. We need to know who you write, when you write and what you've said. And, if you receive a response from a member, let us know too. The League's legislative staff reads your letters and incorporates your arguments and local circumstances in their testimony. They also cite your letters when they talk to your individual legislators. 7. Remember to regularly and publicly thank legislators for their work, support, votes, etc. Don't discount the importance of a thank you; it really can make a difference. This is one of the most important things you can do because so few people remember to thank their legislators -- and the legislators remember the ones that do. Recognition dinners, plaques given at council meetings or even letters to the editor can be effective public ways of saying thank you to your legislator. 8. Meet at least once a year with each of your legislators to review key League and city issues. Get to know your legislator's Capitol staff. Breakfast or lunch meetings are a good time to review with your legisla- tors the Voting Records Report that the League distributes, current or pending legislation and issues of importance to the League and your city. Don't forget to meet with Congressional representatives, too. It also is helpful if you get to know your legislator's Capitol staff. Frequently you may need to call the legislator to impress upon him or her your city's concerns. If you cannot talk directly to your member, a Capitol office staffer who you know, and who knows you, is the next best thing. - 3 - 9. Establish positive links with community groups to explore potential collaborative legislative action. The local Chamber of Commerce, League of Women Voters or industry association may be your natural allies for certain issues, since the health and well-being of city government are in their self-interest. If you haven't already done so, begin to build the potential for coalitions. 10. Establish and/or enhance a positive working relationship with the local press. Local editorial support or opposition can be extremely helpful on many priority League bills, especially for cities in key legislative districts. Consider sending local editors copies of the Bulletin, or information on bills of interest to your city. Some editors welcome Op Ed pieces by city officials -- or frequently will run an editorial if someone will write it for them. Please send the League copies of such editorials. REMEMBER, THE LEGISLATIVE STRENGTH AND EFFECTIVENESS OF THE LEAGUE DEPENDS UPON THE INVOLVEMENT OF LOCAL OFFICIALS. WE CANNOT DO THE JOB WITHOUT YOU. BE SURE YOUR CITY IS SET UP TO BE A PLAYER IN THE PROCESS. yheffect/misc December 1987 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 88-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING THE LEGISLATIVE PLATFORM FOR THE CITY OF CARLSBAD. WHEREAS, the City Council has determined that the platform proposed by the San Diego County Legislative Coalition, as detailed in Exhibit A attached hereto and made a part hereof, is in the best interest of the City; and WHEREAS, the City Council concurs with City staff that the additional statements, detailed in Exhibit B attached hereto and made a part hereof, are also pertinent to the City and should be included in Carlsbad's platform. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Legislative Platforms, as detailed in Exhibits A and B, are hereby adopted. 3. That the City Council may from time to time amend or add to the Legislative Platforms as needed. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 22nd day of March , 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None CLAUDE A'. LEWIS, Mayor ALETHA L. RAUT€NKRANZ,^Eity Clerk (SEAT) KAREN R. KUNDTZ, Deputy City Clerk Ex^bit A to Resolution No. 88-93 LEGISLATIVE COALITION PROPOSED PLATFORM 1. Local Government Finance: a. Oppose any measure that would make local agencies more dependent on the State for financial stability and policy direction. b. Support measures which relieve taxpayers of the burden of paying for services which could be charged directly to the service user. c. Oppose measures which would impose state and federal mandated costs for which there is no guarantee of local reimbursement or offsetting benefits. d. Support efforts to reinstate flexibility in the adminsitration of Article XIII B (the Gann Initiative). 2. Labor Relations: a. Oppose any measure which would impose compulsory and binding arbitration with respect to public employees. b. Oppose any measure which would grant employee benefits that would be more properly decided at the local bargaining table. c. Oppose efforts which reduce local control over public employee disputes and impose regulations of an outside agency (such as PERB) d. Oppose efforts which make disciplinary proceedings for police officers similar to criminal proceedings, making it impossible for employers to prove an administrative violation. 3. Tort Reform: a. Support measures to reform California's tort system to curtail unreasonable liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. U. Transportation: a. Support measures which would increase the ability of local agen- cies to finance local transportation facilities. b. Support measures to finance local transportation facilities. 5. Waterfront: a. Oppose any offshore oil leasing or drilling within 20 nautical miles of the San Diego coast. b. Support efforts which provide funding for urban waterfront restoration and enhancement. 6. Water Management: a. Support efforts to establish a water management system which assures protection to agriculture and the water systems of the Delta and Central Valley regions as well as guaranteed water delivery to the San Diego region. b. Support measures which increase water supply or improve water quality within the region. 7. General Government: a. Abandoned Vehicles Support legislation which establishes/funds an abandoned vehicle program allowing the immediate removal of abandoned vehicles. b. Waste Management Support legislation which allocates state and/or federal funds for the construction of facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. c. Local Taxes Oppose Federal efforts which remove the deduction of all state and local taxes for federal income tax purposes. 8. Resource Conservation: a. Support efforts, where feasible, which promote the recycling- reclaiming of natural resources, including water, timber, oil, gas, minerals, and earth metals. 9. Law Enforcement: a. Support efforts which strengthen local law enforcement. b. Support efforts which strengthen present state or federal laws to give local governments the powers to restrict or regulate the sale, manufacture or use of dangerous drugs including, but not limited to, PCP, methamphetamine and narcotics. c. Support measures which would provide a greater share of seized assets to localities. 10. Land Use Planning: a. Support efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans, for orderly growth, development, beautification and conservation of local planning areas, including but not limited to, the regulatory authority over zoning, subdivisions, and annexation. -2- b. Support efforts which are consistent with the doctrine of "home rule" and the local exercise of police powers, through planning and zoning processes, over local land use. 11. Housing: a. Support efforts to develop Federal and State participation and financial support for creative programs to provide adequate, affordable housing (home ownership and/or rental opportun- ities) for the elderly, handicapped, and low income persons throughout the community. -3- libit B to Resolution No. 88-93 ADDITIONAL STATEMENTS TO BE INCLUDED IN CARLSBAD'S LEGISLATIVE PLATFORM LOCAL GOVERNMENT FINANCE Oppose any measure that restricts or limits a public entity's ability to use tax exempt debt for the purchase or construction of public purpose improvements. Support efforts which make funds to support library activities more available to local municipalities. Support efforts which would provide greater accountability on the part of counties for the distribution of funds back to municipalities, including but not limited to fines and forfeitures. LAW ENFORCEMENT Support efforts which discourage and prevent driving under the influence of drugs and alcohol. Support efforts which allow local agencies to recover costs in accidents involving driving under the influence of drugs and/or alcohol from the guilty party. WATERFRONT Support efforts which would aid the restoration, preservation and enhancement of beachfront property, including sand, bluffs and access. Support measures which would grant cities the authority of land use regulations over the placement of onshore facilities which service offshore oil drilling, to avoid the placement of such facilities near incompatible land uses. WATER MANAGEMENT Support efforts which will encourage use of drought tolerant plant material. GENERAL GOVERNMENT Support measures which would strengthen cities' ability to reorganize special districts. RESOURCE CONSERVATION Support measures which would make low-interest loans and/or grants available to local agencies for programs which would encourage the recycling/reclaiming of resources.