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HomeMy WebLinkAbout4.4 Approval of the 2023 City of Dublin Legislative PlatformAgenda Item 4.4 STAFF REPORT CITY COUNCIL DATE: March 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: Approval of the 2023 City of Dublin Legislative Platform Prepared by.• John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving the 2023 Legislative Platform, which guides the City's response to potential and pending legislation, policies, programs, ballot measures, mandates, and budgets at all levels of government, and provide direction to Staff. STAFF RECOMMENDATION: Adopt the Resolution Approving the 2023 City of Dublin Legislative Platform. FINANCIAL IMPACT: None. DESCRIPTION: Each year the City Council approves a Legislative Platform that includes the goals, strategies, and priorities for organizing the City's legislative advocacy efforts. At the February 7, 2023, meeting, the City Council reviewed and provided comments on the Draft 2023 Legislative Platform and had no significant proposed revisions or edits. A copy of the February 7, 2023, Staff Report can be found in Attachment 3. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. Pagel of 2 94 ATTACHMENTS: 1) Resolution Approving the 2023 City of Dublin Legislative Platform 2) Exhibit A to the Resolution - 2023 City of Dublin Legislative Platform 3) February 7, 2023 Staff Report Page 2 of 2 95 Attachment I RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE 2023 CITY OF DUBLIN LEGISLATIVE PLATFORM WHEREAS, the 2023 City of Dublin Legislative Platform ("Platform") outlines the City's legislative priorities and positions to inform residents, representatives, and policy makers; and WHEREAS, these legislative priorities are guided by three General Legislative Principles and Public Policy Positions which will determine the City's position on various legislative proposals; and WHEREAS, the Platform provides Staff with direction and authorizes them, on the City Council's behalf, to quickly respond in support or opposition to bills and other legislative or gubernatorial actions in time -sensitive situations, in accordance with the processes identified in the Platform. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin adopts the 2023 City of Dublin Legislative Platform attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the Mayor or her designee is authorized to sign letters of opposition or letters of support as drafted by City Staff for legislation as long as they are consistent with the Platform. PASSED, APPROVED AND ADOPTED this 7th day of March 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 96 Attachment 2 Exhibit A to the Resolution DUBLI N C A L I F 0 R N I A 2023 LEGISLATIVE PLATFORM FEDERAL AND STATE POLICY PRIORITIES MARCH 2O23 97 Introduction Many public policies intersect with City priorities, programs, and services. This 2023 Legislative Platform (Platform) outlines the City of Dublin's legislative priorities and positions on these policies to inform residents, representatives, and policymakers. These priorities are applicable to all relevant legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets. The Mission of the City of Dublin is to promote and support a high quality of life, ensure a safe and secure environment, foster new opportunities, provide equity across all programs, and champion a culture of diversity and inclusion. This Mission shall guide the City's Legislative Platform. This Platform provides Staff with direction and authorizes them, on the City Council's behalf, to quickly respond in support of or opposition to bills and other legislative or gubernatorial actions in time -sensitive situations. Additionally, the Platform enables staff to communicate Dublin -specific issues and impacts with state legislators. Staff may draft letters, direct our legislative advocates, or speak on behalf of the City regarding the legislative priorities this document outlines. Any correspondence signifying the City's support or opposition of a given bill must be signed by the Mayor and/or City Manager with notification to the City Council. Any questions regarding this Legislative Platform can be directed to John Stefanski, Assistant to the City Manager at John.Stefanskikdublin.ca.g_ov. Platform Overview and Coordination This Legislative Platform serves as the foundation for City legislative advocacy at all levels of government. It informs the City's legislative representatives of the key issues and legislation that could have a potential impact on the City and the process in which the City will participate in the legislative process. The City will employ several strategies to advocate or advance the City's public policy interests, which include: • Position Development o Reviewing analyses and positions by the CalCities, legislative advocates, and other local government / professional associations in formulating the City's position. o Working with City departments, legislative advocate(s) to develop this platform and identify positions on proposed legislative measures. • Status Tracking o Tracking key bills through the legislative process. • Communication and Advocacy o Communicating the City's position, in accordance with this Platform, through correspondence, testimony, and meetings. o Working cooperatively with other cities (including the Tri-Valley Cities), associations, and CalCities on advocating the City's legislative position. o Meeting with legislators and their representatives, as well as other federal, state and county government officials on a regular basis, to discuss local government issues, proposed legislation, requests for funding assistance, and City programs and services. 98 The City Manager's Office will exercise day-to-day oversight of legislative matters. In addition to coordinating formal action through the City Council, the City Manager and their designee will manage the City's Legislative Platform. Staff will follow the process below when responding to all proposed and relevant legislation, policies, programs, ballot measures, mandates, and budgets. 1. Review and determine whether a proposal will impact the City. 2. Prepare a letter outlining the City's position for the Mayor's or City Manager's signature. 3. Distribute the letter to the legislation's author(s), the City Council, and other relevant parties. In scenarios where a proposal or regulation arises that may impact the City and is not covered by this Legislative Platform, Staff will prepare a draft position letter for the City Council to review prior to distribution. General Legislative Principles The guiding principles for the City's legislative advocacy efforts include: Advancing Existing City Mission, Vision, Values, and Policies Preserving and/or Increasing Local Government Discretion Promoting or Enhancing Revenue Sources Public Policy Priorities This legislative platform identifies specific public policy priorities by topic area. Informed by the General Legislative Principles, these priorities will guide the positions the City will take on all relevant legislation, policies, programs, grant funding opportunities, ballot measures, mandates, and budgets. The public policy priorities are categorized as follows: 1. General Administration 2. Fiscal Sustainability 3. Community and Economic Development 4. Transportation and Public Works 5. Public Safety 6. Parks and Community Services 7. Climate and Environment 8. Technology and Cybersecurity I. General Administration Staff recommends that the City Council support legislation that: 1. Enhances or streamlines local control and allows cities to address the needs of local constituents within a framework of regional cooperation. 2. Streamlines the process to apply for, to receive approval of, and to receive state or federal funding. Page 3 of 9 99 3. Assures every person the right to equal treatment in and access to all government - sponsored benefits or funded programs. 4. Provides the ability to conduct public meetings using a hybrid approach that allow for equitable access and participation of elected officials and the public while considering privacy, health, and safety of all stakeholders. 5. Provides alternative methods of meeting public noticing requirements through cost- effective, innovative, and technological methods of communication, and changes the definition of "newspaper of general circulation" due to realities of consolidated newspaper publications and the increase in on-line publications. Staff recommends that the City Council oppose legislation that: 6. Attempts to restrict local authority or decision -making whether by state or federal legislation or ballot propositions. 7. Diminishes or eliminates local governments' ability to contract out for the provision of services. 2. Fiscal Sustainability Staff recommends that the City Council support legislation that: 1. Maintains or enhances ongoing revenues to the City. 2. Updates the tax structure to enhance local government revenues that have declined due to the expansion of e-commerce, increased consumption of services rather than durable goods, and innovations in technology. 3. Ensures timely distribution of mandated reimbursements owed to the City. 4. Removes unnecessary state -imposed mandates. 5. Provides for the use of incentives for local government action rather than mandates (funded or unfunded). 6. Establishes new and innovative revenue options and resources to finance public infrastructure construction and maintenance. 7. Streamlines the establishment and utilization of infrastructure financing districts or other funding mechanisms for infrastructure improvements. 8. Changes the Communications Act of 1934 that removes the distinction between "capital" and "operating" funds to provide more local control for community television stations in the use of their public, educational, and government (PEG) channel fees. 9. Supports measures to increase transparency of all public employee salaries and benefits. 10. Supports measures to provide sustainable public pensions and other post -retirement benefits. 11. Lowers the necessary voter threshold from a two-thirds supermajority to 55-percent to approved local general obligation bonds and special taxes for affordable housing and public infrastructure projects. Staff recommends that the City Council oppose legislation that: 12. Undermines and preempts local authority over local taxes and fees. 13. Shifts funds from local governments to the state or federal government. Page 4 of 9 100 14. Imposes unfunded or inadequately funded federal and state mandates on local governments. 15. Eliminates development fees or limits the ability of cities to levy such fees to provide for infrastructure or services. 16. Requires or expands state involvement in City financial audits, fiscal monitoring, general oversight, or assistance by the State Treasurer, State Controller, or other state agencies. 17. Defers reimbursements for state mandated programs. 3. Public Works and Transportation Staff recommends that the City Council support legislation that: 1. Ensures the City receive its fair share of transportation funding and that keeps the funding decisions at the local level. 2. Provides for more stable and equitable long-term funding sources for transportation. 3. Leverages local funds to the maximum extent possible to implement transportation improvements through grants and partnerships with regional, state, and federal agencies. 4. Reduces Vehicle Miles Traveled (VMT) and encourages developing and implementing Transportation Demand Management (TDM) plans and strategies. 5. Expands opportunities and funding for connected and shared autonomous vehicles, high occupancy vehicles, managed lane policies, improved enforcement, new technology deployment, and reducing traffic congestion and delay. 6. Improves multimodal freight movement between the San Francisco Bay Area and the Central Valley and projects that reduce freight traffic on I-580. 7. Encourages active transportation, enhances the safety of all modes of transportation, particularly bicycles and pedestrians, and reduces vehicle speeds and traffic congestion. 8. Increases and funds local control and local regulation of shared mobility, transportation network companies (TNCs), and other emerging industries that use city infrastructure to offer private services. 9. Enables the sale of traffic data to recover the cost of data collection. 10. Enables innovative rail connectivity projects which aim to address the jobs/housing/transit imbalance (i.e., Valley Link). Staff recommends that the City Council oppose legislation that: 11. Infringes upon the ability of local governments to effectively administer and modify state and local construction provisions and standards. 12. Takes away local control of managing and operating local streets. 13. Reduces the City's condemnation authority regarding acquisition of properties required for public projects. 4. Community and Economic Development Staff recommends that the City Council support legislation that: 1. Maintains the City's authority over land use decisions. 2. Strengthens local regulatory authority and control over the siting of medical or recreational marijuana dispensaries. Page 5 of 9 101 3. Creates a more equitable Regional Housing Needs Allocation (RHNA) process. 4. Creates more flexibility for local jurisdictions to work together to provide housing that counts toward RHNA requirements. 5. Eliminates redundant, costly, and cumbersome mandates and restrictions required by CEQA (California Environmental Quality Act). 6. Provides incentives or new funding mechanisms for affordable housing and transit - oriented development. 7. Increases financial assistance to provide affordable, transitional, special needs and emergency housing to the homeless, seniors, veterans, and people with special needs. 8. Expands STEM (Science, Technology, Engineering and Mathematics) programs in K-12, higher education, and libraries. 9. Enhances the City's efforts to retain existing businesses and attract new businesses. 10. Provides tangible and productive tools and incentives to support job creation, business attraction, and business retention. 11. Advances or encourages innovation, entrepreneurship, start-ups, small business opportunities, and/or workforce development. Staff recommends that the City Council oppose legislation that: 12. Interferes with or reduces local land use control and decision making. 13. Diminishes or eliminates the authority of cities to zone and plan for the development of telecommunications infrastructure, including the siting of cellular communications towers or transmission sites. 14. Diminishes or eliminates cities' authority to regulate condominium conversions. 15. Interferes with the ability to provide productive incentives to support job creation, business attraction, and business retention. S. Public Safety Staff recommends that the City Council support legislation that: 1. Increases funding for local law enforcement, fire suppression and prevention, hazardous materials mitigation, and emergency medical services. 2. Funds local agencies for training, disaster preparedness, crime prevention, public outreach, and emergency planning. 3. Ensures cities have control of regulating local medical marijuana facilities instead of the state, protects public safety with standardized security requirements, protects public health with uniform health and safety standards, and ensures patient safety with a quality assurance protocol. 4. Improves data and information dissemination, preparedness funding, and first -responder training for oil -by -rail shipments. 5. Maintains or increases grant funding for the Community Oriented Police Services (COPS) program. 6. Provides a greater share of asset forfeiture funds for cities and increases latitude for spending local funds. 7. Supports funding to prepare, mitigate, adapt, and respond to extreme weather or emergency events. Page 6 of 9 102 8. Supports alternative crisis response programs for mental health, substance abuse, or homelessness related calls for emergency service. 6. Parks and Community Services Staff recommends that the City Council support legislation that: 1. Creates new funding opportunities for parks and community facilities. 2. Provides funding for ADA (Americans with Disabilities Act) facility and park upgrades. 3. Increases available financial assistance to local non-profit and community -based organizations who provide social services and mental health services to residents in need. 4. Efforts to provide funding for the rehabilitation, development, and capital improvements for park improvements in order to enhance the active and passive recreational infrastructure. Staff recommends that the City Council oppose legislation that: Reduces or eliminates the City's ability to levy park impact fees. Imposes regulations that create cost prohibitive administrative burdens which likely result in the reduction of parks programming. 7. Climate and Environment Staff recommends that the City Council support legislation that: 1. Assists local governments in meeting or exceeding local or state goals to reduce global warming pollution levels, to develop alternate energy resources and fuel efficiency programs, and to reduce fossil fuel dependence. 2. Streamlines development of and provides funding for electric vehicle (EV) charging and hydrogen fueling infrastructure locally and regionally. 3. Supports current waste diversion goals, local compliance efforts, and associated measurement and reporting requirements. 4. Assists the City in meeting or exceeding established goals of reducing water consumption and increasing water supply without preempting local planning decisions. 5. Requires manufacturers be responsible for the end of useful life cost of collecting, processing, recycling, and disposing of products they manufacture. 6. Protects the interest of California's Community Choice clean electricity providers and their customers. 7. Incentivizes regional and local government efforts to develop and implement programs to reduce air pollution. 8. Funds compliance and full life cycle costs of current and new mandatory storm water quality permit requirements. 9. Addresses litter control and abatement problems in California. 10. Reduces the financial impact of state and federal funded and unfunded mandates related to compliance with environmental programs and regulations. Page 7 of 9 103 Staff recommends that the City Council oppose legislation that: 11. Preempts local planning decisions regarding solid waste facility sites. 12. Preempts local solid waste and AB 939 fee setting authority or imposes taxes or fees on local solid waste programs to fund state programs not directly related to solid waste management. 8. Technology and Cybersecurity Staff recommends that the City Council support legislation that: 1. Promotes the use of data and technologies to create efficiencies, promote economic development, enhance public safety, improve transportation and mobility, improve sustainability, increase transparency to public information, enhance municipal quality of life factors and help solve other civic challenges. 2. Maintains local control over municipal assets in the deployment of next generation technological infrastructure. 3. Increases the City's capacity to protect against cyber security attacks. 4. Provides funding for programs that seek to expand digital access for residents and businesses. Staff recommends that the City Council oppose legislation that: 5. Limits or removes local review and permitting of emerging telecommunications technologies, such as Small Cell technology. Regional Collaboration The City of Dublin is a member of the Tri-Valley Cities (TVC), a coalition of the five Tri-Valley municipalities who work together to advocate for issues and funding at the regional, state, and federal levels. The TVC is governed by the five Mayors of each municipality who develop and adopt a TVC Legislative Framework which guides the advocacy efforts of the TVC. A copy of the 2023 Framework, once adopted, will be attached to as Addendum A to this Legislative Platform. Page 8 of 9 104 Addendum A: 2023 Tri-Valley Cities Legislative Framework Page 9 of 9 105 34 � asaoe �q h 'ICI_\/AI 1 ❑15l IPLEp►SANTpN�°�� i71IjP,,L% - ;.a. kc ?� t• _ `I 0 :^tlee �M -n= CITY OF payvn.ir. ❑UBLIN LJVER� IMRL PL-EA-SANT(�N • i .e 2023 Im TRI-VALLEY CITIES VALUES STATEMENT The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents, provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the region. Each City and Town provides a unique perspective on how to meet the needs of their residents and businesses. The Cities and Town agree to respect the individuality of each community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley. TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decision - making as it relates to the implementation of laws and regulations and to have the ability to integrate them in a manner that meets the unique needs of each community. The TVC will advocate together to achieve outcomes benefiting the region in each of these Focus Areas. Transportation and Infrastructure Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay Area and are impacted by the heavy flow of traffic along the region's freeways, which often spills over onto the local surface streets as commuters pursue alternatives to their commute through the Tri-Valley. A key objective of the region is to reduce congestion on the region's freeways, and to increase mobility of goods and people through the Tri-Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization, and expansion of rail systems. The TVC also seeks to partner on other significant non - transportation infrastructure projects, especially those with regional and multi -regional benefits. Climate, Environment, Health, and Safety The TVC seeks to work collaboratively with federal, state, and regional partners to address the new landscape of year-round wildfires, air quality, public safety power shutoffs, water quality (including PFAS/PFOS contaminants) and supply issues, as well as waste and recycling mandates. The TVC will advocate for increasing financial and technical support in these areas, as well as for investment in key infrastructure at all levels of government. 11 107 Economic Development The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy, and provides a high quality of life for residents and business. Key objectives are developing a healthy workforce; and supporting innovation, capacity building, economic stimulus, and growth in the region. Affordable Housing and Homelessness The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote, protect, and increase affordability in the region's housing stock. Key objectives are to work with federal, state, and regional partners to provide funding for affordable housing through a variety of programs and options and to work to address barriers to building housing at Very Low, Low, and Moderate income levels. TVC also remains committed to mitigating and eliminating homelessness, including working with partners at all levels of government to address the root causes of housing insecurity and homelessness. Mental Health The TVC recognizes that social services are vital to supporting residents and providing crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services, the Cities seek to work together to support local non -profits and organizations that do provide these services, and advocate together for these vital resources and services from all levels of government. Mental health support is a growing need in our region, and the TVC seeks to advocate for the resources to meet the needs of all our residents. Fiscal Sustainability Fiscal Sustainability is an important role for all levels of government. The TVC seeks to advocate against the imposition of unfunded mandates and the removal of funding streams from local governments. 2 1 P a g e 108 Attachment 3 Agenda Item 8.1 STAFF REPORT CITY COUNCIL DATE: February 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.1ECT: 2023 Draft City of Dublin Legislative Platform Prepared by.• John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive a report on the draft 2023 Legislative Platform, which guides the City's response to potential and pending legislation, policies, programs, ballot measures, mandates, and budgets at all levels of government, and provide direction to Staff. STAFF RECOMMENDATION: Receive the report and provide direction. FINANCIAL IMPACT: None. DESCRIPTION: Each year the City Council approves a Legislative Platform that includes the goals, strategies, and priorities for organizing the City's legislative advocacy efforts. The draft 2023 Platform (Attachment 1) is provided with this Staff Report to initiate the discussion with the City Council on the fundamental legislative issues important to the City over the next year. This attachment includes tracked changes to identify proposed revisions to the Platform. The draft 2023 Platform is substantially similar to the 2022 Platform aside from modifications to account for changes in state law, anticipated issues for the current legislative session, and non - substantive grammatical and wording changes. The guiding principles for the City's legislative advocacy efforts continue to include the following: • Preserving and/or increasing local government discretion Promoting or enhancing revenue sources Advancing existing City Mission, Vision, Values, and policies Pagel of 3 109 The Draft Legislative Platform identifies specific Public Policy Priorities for the following categories: 1. General Administration 2. Fiscal Sustainability 3. Community and Economic Development 4. Transportation and Public Works S. Public Safety 6. Parks and Community Services 7. Climate and Environment 8. Technology and Cyber Security These priorities will further guide the positions and advocacy efforts the City will take regarding all relevant legislation, policies, programs, ballot measures, mandates, and budgets. The draft 2023 Platform removes the reference to "Grant Funding Opportunities" which was included in the 2022 Platform, because those are specific funding sources pursued at the City staff level. The draft Platform removes the following 2022 Public Policy Priorities supporting legislation that: • Addresses the functional impracticalities of AB 361 while providing a permanent teleconference option available for Brown Act legislative bodies to hold public meetings. o This priority will be recrafted as 2023 Priority 1.4 to account for any proposed AB 2449 cleanup legislation or a permanent codification of AB 361 (without the 30-day renewal requirement). • Grants the City additional flexibility in the use of America Rescue Plan Act Funding o The Consolidated Appropriations Act, 2023 included provisions that expanded the use of ARPA funds, up to 30% or $10M of total allocations, on transportation projects, natural disaster emergency relief, and CDBG eligible expenditures. • Requires cities to use district -based elections. o The City completed the transition to district -based elections in 2022, therefore this priority is no longer relevant. • Supports Intelligent Transportation Systems (ITS), Connected, and Automated Vehicles. o This priority was consolidated with 2023 Priority 3.5. The draft Platform adds the following 2023 Public Policy Priorities supporting legislation that: • Provides the ability to conduct public meetings using a hybrid approach that allow for equitable access and participation of elected officials and the public while considering privacy, health, and safety of all stakeholders. • Provides alternative methods of meeting public noticing requirements through cost- effective, innovative, and technological methods of communication, and changes the definition of "newspaper of general circulation" due to realities of consolidated newspaper publications and the increase in on-line publications. • Lowers the necessary voter threshold from a two-thirds supermajority to 55-percent to approved local general obligation bonds and special taxes for affordable housing and public infrastructure projects. o ACA 1 (Aguiar-Curry) proposes submit this to voters to consider this change. • Provides incentives or new funding mechanisms for affordable housing and transit - Page 2 of 3 110 oriented development. o Priority 6.4 includes the added language of "or new funding mechanisms" to address SB 20 (Caballero) would allow for cities to form a Housing Finance Trust Joint - Powers Authority to jointly fund affordable housing. • Provides funding for the rehabilitation, development, and capital improvements for park improvements in order to enhance the active and passive recreational infrastructure. • Reduces or eliminates the City's ability to levy park impact fees. • Imposes regulations that create cost prohibitive administrative burdens which likely result in the reduction of parks programming. • Streamlines development of an provide funding for electric vehicle (EV) charging and hydrogen fueling infrastructure locally and regionally. It should be noted that the list of Public Policy Priorities is not exhaustive. In those instances where potential legislation, policies, programs, ballot measures, mandates, and budgets do not fit with the specific Public Policy Priorities, the General Legislative Principles will guide City action. The draft 2023 Legislative Platform also includes language around Regional Collaboration, specifically the Tri-Valley Cities, whose 2023 Legislative Framework will be attached as an addendum to the Legislative Platform for reference. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Draft 2023 City of Dublin Legislative Platform (Redlined) Page 3 of 3 111