Loading...
HomeMy WebLinkAbout25 - Legislative PlatformCITY OF °� mz NEWPORT BEACH C9�/p0.N`P City Council Staff Report Agenda Item No. 25 February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3001, dkiff @newportbeachca.gov Dave Kiff, City Manager APPROVED: � D. TITLE: Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract ABSTRACT: From time to time, the City Council refines and adopts general and specific policies that it might advocate for or against in Washington DC or Sacramento. This item is the 2013 update to those policies as embodied in the 2013 Legislative Platform. This item also continues a contract with Van Scoyoc and Associates for federal advocacy. RECOMMENDATION: 1. Adopt Resolution 201319 adopting the City's Legislative Platform and authorizing the Mayor to issue statements and letters consistent with the Platform. 2. Authorize the City Manager to extend the contract with Van Scoyoc and Associates in Washington DC for the duration of 2013 at $48,000 per year ($4,000 /month). DISCUSSION: Background. The City of Newport Beach has traditionally played a significant role in legislative advocacy in both Sacramento and Washington. We do not play as active a lobbying role as many cities, but we do attempt to protect the programs, services, and philosophy directed by the City Council. The City's legislative efforts include: • Legislative Platform • A contract lobbyist in Washington DC • Memberships in Local Government Organizations that Lobby at the County, State and Federal levels such as the Association of California Cities, Orange County (ACC -OC) and the League of California Cities; and • City employees' Professional Associations. Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 2 The Legislative Platform. The City Council may adopt broad policy guidelines via a Platform that directs City staff's and contractors' activities relating to the City's legislative agenda. The last adopted platform (February 2007) covered the following issues: 1 —Aviation 2 — Land Use Regulation 3 — Fiscal Stability 4 — Labor Relations 5 — Surface Transportation 6 —Water Quality and Environmental Quality The Platform generally advocates for positions advantageous to cities as the most direct provider of government services to local residents. We continue to request limitations on state mandated programs without commensurate revenue, freedoms on local revenue sources, repeal of the 1992 -93 property tax shifts, local control over planning and zoning, funds for protection, maintenance and improvement of upper and lower Newport Bay, enhanced laws and regulations relating group drug and alcohol rehabilitation homes and the ability to effectively address the region's aviation needs. Please see Attachment B for the full text of the proposed Platform. Underlined text shows text that is significantly changed from the 2007 version of the Platform. To keep the Platform from going stale in terms of its authorization, we are asking the Council to adopt this Platform indefinitely, instead of for a specific legislative session as has been done in years past. Council Resolution. Whenever the League of California Cities, the AOCC or our own lobbyists suggest that we contact a legislator or the Congress on a particular bill, the City often must act quickly to issue an advocacy letter under the Mayor's signature. As such, in years past the Council has adopted a formal resolution that authorizes the Mayor (or the Mayor pro Tempore or City Manager in the Mayor's absence) to issue these letters reflecting positions that conform to the adopted Platform. The Resolution also directs City staff to provide all City Council members with copies of the City's legislative correspondence. 4 Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 3 Federal Advocacy. This item also asks the Council to consider extending for another year the current federal advocacy contract with Jim Crum of Van Scoyoc and Associates. Mr. Crum has been working with the City since 2008 on projects relating to the US Army Corps of Engineers and other federal agencies, and can continue to be helpful in the coming year on issues like arts funding, emergency operations assistance, use of the Harbor Maintenance Fund (a Federal fund) for dredging and sea walls, and more. The current rate of $4,000 per month would continue through the end of December 2013. ENVIRONMENTAL REVIEW: City staff recommends the City Council find the approval of the attached resolution and the extension of the legislative contract is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: 0. Dave Kiff City Manager Attachments: Resolution 2013 -_ Relating to the Legislative Platform 7 Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 4 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A LEGISLATIVE PLATFORM WHEREAS, the City Council historically promotes legislative actions consistent with the goals and functions of the City of Newport Beach; and WHEREAS, these legislative actions are typically included within the City's adopted Legislative Platform; and WHEREAS, this promotion once required separate City Council actions to approve individual letters of support or opposition related to specific pieces of legislation; and WHEREAS, this piece -by -piece approval can delay important actions necessary to assist in the passage or defeat of legislation; and WHEREAS, the City Council seeks to efficiently pursue legislation that reflects the Legislative Platform and the goals of the City, now, therefore be it: RESOLVED by the City Council of the City of Newport Beach that the City Council hereby adopts the attached Legislative Platform, and be it also: RESOLVED that the Mayor is hereby authorized to make statements and write letters necessary to support legislative actions consistent with the City's adopted Legislative Platform. If the Mayor is unavailable to sign a City advocacy letter, the Mayor may designate the Mayor pro Tempore or the City Manager to sign and issue the letter in the Mayor's absence. All correspondence prepared on the City's behalf will be copied to each Council member. ADOPTED this 12th day of February, 2013. KEITH CURRY MAYOR OF NEWPORT BEACH ATTEST: LEILANI BROWN NEWPORT BEACH CITY CLERK a Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 5 City of Newport Beach 1. Legislative Platform Adopted February 12, 2013 (term indefinite until repealed or replaced) GENERAL PLATFORM ISSUES. The following six categories are supplemental to the above Areas of Focus and generally reflect priorities of the City on a regular and long- term basis: I — AVIATION. As a neighbor to John Wayne Airport (JWA), the City is actively involved in efforts to protect its residents from the impacts of the airport. The City shall advocate for legislative and executive actions consistent with the Council's Airport Policy (A -17) and /or that: (a) Preserve and, assuming the terms and conditions are consistent with Council Policy A -17, amend or otherwise extend the JWA Settlement Agreement. �(b1 Preserve and, if appropriate, expand upon, the 2006 Cooperative Agreement between the County of Orange and the City regarding a second runway at JWA. (c) Oppose changes in regional aviation policies that would regionalize aviation administration or that would allow a regional entity the power of eminent domain to expand airport capacity. 24d) Support local control over local airports, including the ability the City of Ontario to assume control over Ontario Airport M(e) Support efforts to increase usage of airports with excess capacity such as Ontario and Palmdale airports provided the increased usage does not materially impact the quality of life of nearby residents. IGw II — LAND USE REGULATIONS. The City seeks to protect and strengthen the City's land use authority, including regulation of residential recovery facilities and group homes, zoning, incorporation, annexation, and community development. Therefore, the City shall: (a) Support efforts that would allow cities and counties greater control over the placement and management of residential recovery facilities, parolee homes, 2 Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 6 sober living homes, and other group accommodations in residential areas, while respecting disabled persons' right to the housing of their choice. 2-uSupport efforts to strengthen the legal and fiscal capability of the City to prepare, adopt and implement plans for orderly growth, development, beautification and conservation of local planning areas, including but not limited to, regulatory authority over zoning, subdivisions, and annexations. 3-. Oppose development agreements in cities' spheres of influence in undeveloped areas that do not conform to city standards. Support legislation that simplifies requirements for General Plan Housing Elements. 4(e)Support Federal, State or local efforts to improve or otherwise streamline local governments' working relationship and permitting ability with State and Federal resources agencies and commissions. 0 C. III — FISCAL STABILITY. The City's objective is to protect existing city revenue sources and to limit the cost of government upon the taxpayers of Newport Beach. The City also seeks to protect Newport Beach residents and businesses from onerous fiscal actions by other levels of government which may impair our ability to protect our quality of life. Therefore, the City shall: A:LaJSupport legislation leading to greater financial independence from State government and which would result in greater predictability in local government budgeting. I13-.f�10ppose legislation that would impose state and federal mandates for which there is no or inadequate local reimbursement or offsetting benefits. .(c)€acoUFage the State and the Federal ^g^Verament tG GOMpFelhens+vely ° fh° Treat health GaFesystem, whereby tedaTS eaapleyers whe grg „we e (as the city Agee) fg ^ enf a nieyee^ And retirees see higher and higher ggofo as a boor m ugh gf the reef harden assedated witI merligoi AArp for the „nr,erin^„red And , rea.As 2010's Affordable Care Act is implemented, support legislation to ensure that employers that today provide health care coverage or access to coverage for employees are not disadvantaged by additional costs, changes in tax policy, or more limited flexibility to adjust to a changing marketplace. D-.(g�ln the absence of statewide fiscal reform, the GiR,� o.ty=a;all oppose legislation that reduces or eliminates existing local revenue sources, '^^iWdi^^ the ^ity OF 6 Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 7 FedevelopmeRt ageRGY share ef pmpeAy tax, sales and use tax, 19Gal Bever„ rAeRts' share of vehicle lie.eRse fees +rraRsieRt eGGHPaRGY taxeS, LeLAs a part of a comprehensive reform package, the Sity-will support changes in the State -Local fiscal relationship if the changes maintain or improve revenues to local governments, promote local discretion on land use decisions, and result in the long -term stability of local government revenue sources. €(f)Oppose actions to chance 1978's Proposition 13, including the development of a "split roll" property tax valuation system. 1= Support legislation that reforms California's tort system to curtail unreasonable liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. �fWOppose any changes in State law that would limit the ability of charter cities to presewe the leeal revenue basic- apace their affairs. #-.uSupport existing protections for charter cities to choose whether to pay leeisla +iGR that exempts prevailing wage rer, ^tG far ^ e^tG that ^ , +e ^r rpnovAte Affordable he, -ran public works proiects. I 4ssis+ the Gity f seGUFiRg ee+rel e..er redo.,eleerr.ent ageRGY aGW';ties where ^h ageRGieS GpeFate withie the Gity "Mi+s of Newport Beach IV — LABOR RELATIONS. The City respects the working conditions, benefits, and rights of Newport Beach employees and the conservative fiscal management principles of the community. Therefore, the City shall: a) Support efforts to further reform State and local pension proarams to build on 2011's PEPRA provisions and ensure that these pension programs' benefits adjust to the public- and private- sector marketplace of retirement programs in 2013 and beyond, which may include defined contribution or other hybrid plans, additional tiers, additional contributions by employees, and more. .(b)Op .ese le^islatie^ that ,. uld impese ulser„ a ^d bi ^di^„ arbitratian with - flOppose legislation that imposes mandated (State or Federal) employee benefits that are more properly decided at the local bargaining table. - (d)Support repeal of or oOppose efforts that reduce local control over public employee disputes. WLejOppose legislation that would grant public employees the right to strike. MfflSupport legislation to reform worker's compensation formulas to rely on higher thresholds for compensability or a proportionate exposure formula. Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 8 (s)f Support workers compensation reform which curtails stress claims by stipulating that benefits can only be paid when it can be shown that a sudden and extraordinary job event was the predominant cause of the stress injury and would repeal the minimum rate law. (4)fI210ppose workers compensation reform that would exclude police officers, firefighters, and others with life- threatening jobs from the increased proof stress threshold. t/i) Oppe tee. the autherizati .n of n e_. retir of fermulas that a be�nnfits !J— ecneniall.,,.,hpn n siedp effe.nf of the ferrnula(6) is fe e, early retirement V — SUF = TRANSPORTATION. The City supports expand c4--multi -modal transportation systems, programs and services. Therefore, the City shall: (a) Encourage Federal, State, and Local programs to increase funding and simplify permitting for transit, bicycling, and pedestrian travel. 9-.fl2)Support legislation and voter - approved bond measures that help local agencies finance local transportation facilities. t= LclOppose legislation that requires additional State and Federal review of projects that are predominantly of regional or local significance. fgUSupport legislation that gives local agencies greater access to and discretion over transportation funds. G. C„ppeh e#erts that lnt;pease s to and from the Inlnr.ed Empire, including the 91 Crew.yay aped a eed t„npel thm„eh the Santa Apa MA, intRins VI — WATER QWA' 'SAND ENVIRONMENTAL QUALITY. The City supports effective measures to improve the environment, including water quality, solid waste, hazardous materials clean -up, and ocean, beaches and bay protection. Therefore, the City shall: (a) Support projects, legislation and funding measures (including statewide bond measures) that would increase water supply and improve water quality in this region. .(b) SUDDort leaislation that would establish or increase fundina for local aaencies to analyze and mitigate potential impacts of sea level rise on coastal communities. Supper} measures that permit fhe sale lease vehapee er transfer of c rplra ,.,afar vWithi.. the State •LcLSupport measures that maintain and enhance local authority and flexibility to regulate solid waste and recyclable materials. I Resolution 2013- 19 Relating to the City's Legislative Platform; Washington DC Advocacy Contract February 12, 2013 Page 9 •f1Support legislation that limits local government liability as a third party in Superfund cleanup litigation. •f1Support efforts that provide a dedicated stream of funds to projects benefiting area beaches and waterways, including adequate and independent funding for boating and waterways. •f1Z Seek any appropriate one- time and /or long -term sources of funds and /or services to enhance and protect Newport Bay, including Lower Newport Bay and Upper Newport Bay dredging activities. •�o,,.�„� lenisla +;,,� .,.,,� �.,,,,.,, +;,,� .,,. +,,,,, +„ ,.,,.. +;..,,,,Oppose legislation that would allow the- development of new oil platforms along the Orange County coastline. the annual Oute. Gentinental Shelf (OGS) offstia.e aet.aleum a.iuiaa •Support measures that improve funding resources and the science associated with water quality testing and beach closure standards. •Advocate for Regional Board control over fines and fees collected from water quality violations so that such fines and fees remain in the region to be used directly for water quality improvements. Q61nnert n ..it.._Lased efforts to Maximize ublin spaGeS iR the BaRRiR Da..nL, threu gh state L.9Rd *W_Support funding for remediation of closed oil operations where the land will transition to habitat and open space -, including in the Banning Ranch. (k) Support efforts to complete and fund the Orange Coast River Park. •(I) Support changes to the California Environmental Quality Act (CEQA) that retain CEQA's foundation of appropriately addressing environmental impacts but that ensure that CEQA is not used as a tool for litigation and the delay of important projects. MME 9