HomeMy WebLinkAboutAGENDA REPORT 2001 0502 CC REG ITEM 11ITO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
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Kim C. Chudoba, Senior Management Analyst KG
April 24, 2001 (CC Meeting of 5/2/01)
SUBJECT: CONSIDER ADOPTION OF 2001 LEGISLATIVE PROGRAM
BACKGROUND
The City Council adopts an annual legislative program to guide the
City's response to proposed State and Federal legislation. The
platform statements outline the City's position on key municipal
issues. If a legislative proposal is consistent with the platform
statements, the Mayor is authorized to send a letter indicating the
City's position. If a legislative proposal is not addressed by the
platform statements, or if a staff recommendation deviates from the
platform statements, the Budget and Finance Committee will review
the bill and recommend a position for City Council consideration.
DISCUSSION
To address emerging priorities, staff recommends the following
changes to the legislative program:
• Support legislation that closes the loophole that allows
companies currently doing business in California to create
dot -com subsidiaries to avoid collection of sales taxes on
Internet commerce.
• Support legislation that would end the moratorium on Internet
taxes.
• Oppose legislation that requires the use of city employees
rather than contracting out.
• Oppose legislation that removes or reduces management rights,
such as deciding staffing or service levels, either by direct
action or increased liability.
Honorable City Council
April 24, 2001
Page 2
• Support legislation that provides money to local governments
for energy conservation programs.
• Support legislation that provides for shared land use
determinations between counties and cities when the General
Plan of the city establishes a planning area consistent with
Government Code provisions.
• Support legislation that eliminates the current Regional
Housing Needs Allocation process and defines a more equitable
process to determine a "fair share" of new housing needed to
respond to growth trends in the region.
• Support legislation that gives cities resources to finance
economic development efforts, such as business attraction,
retention, and growth, as well as marketing and tourism.
• Support legislation that simplifies and streamlines the
process for foreign trade.
These modifications are consistent with the City Council's prior
actions.
The Budget and Finance Committee will review the legislative
program on May 2, 2001. Committee recommendations will be
presented at the City Council meeting.
STAFF RECOMMENDATION
Adopt the 2001 Legislative Program.
Attachment 1: 2001 Legislative Program
13017
CITY OF MOORPARK
LEGISLATIVE PROGRAM
20002001
The following Legislative Program was developed to allow the City
to respond to State and Federal legislation in a proactive manner.
The Mayor (or Mayor Pro Tem in the Mayor's absence) is authorized
to sign correspondence expressing the City's position on pending
legislation consistent with the Legislative Program and /or other
positions approved by the City Council. The Budget and Finance
Committee will also periodically review legislation for
recommendation to the City Council.
Staff will monitor the League of California Cities' Legi�'�i-v-2
B�•'�n Priority Focus and other sources to identify pending
legislation that may impact the City. Letters expressing the
City's position will be drafted for the Mayor's signature, and
copies will be distributed to each Councilmember. Pending
legislation not addressed by the Legislative Program, or staff
recommendations that deviate from the Legislative Program, will be
agendized for the Budget and Finance Committee's review and City
Council consideration.
PLATFORM STATEMENTS
1. Local Government Finance
A. Support legislation that limits cities' contributions to
the Educational Revenue Augmentation Fund (ERAF) and
directs the repayment of past contributions.
B. Oppose legislation that eliminates or restricts the
taxing authority of cities over development; weakens
existing Government Code Section 66000 fee authority; and
redefines any development tax, condition, or other
monetary charge as development fees.
C. Support legislation requiring the State and Federal
governments to provide full cost reimbursement to cities
for all mandated programs and for all programs resulting
in revenue losses.
D. Support legislation that safeguards existing City revenue
sources from preemption or seizure by the State or
County.
E. Oppose any change in revenue allocations that would
negatively affect the City of Moorpark, including but not
limited to the redistribution of sales tax, property tax,
transient occupancy tax, and vehicle in -lieu fees.
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F. Oppose legislation that restricts or limits a city's
ability to use tax exempt debt for the purchase or
construction of public purpose improvements.
G. Support measures that provide greater fiscal independence
to cities and result in greater stability and
predictability in local government budgeting.
H. Support efforts that provide greater accountability on
the part of counties for the distribution of funds back
to municipalities, including, but not limited to, fines
and forfeitures.
I. Oppose any measure that makes local agencies more
dependent on the State for financial stability and policy
direction.
J. Support efforts to reduce the fiscal impact of
Proposition 218 on cities.
K. Support the establishment of a constitutionally protected
funding structure for local government.
L. Support legislation that closes the loophole that allows
companies currently _doing business to
create dot -com subsidiaries to avoid collection of sales
taxes on Internet commerce.
M. Support legislation that would end the moratorium on
Internet taxes.
2. Labor Relations
A. Oppose legislation that would restrict a city's ability
to use its own employees on public works projects when
such projects have previously been advertised for bid.
B. Oppose legislation that requires the use of city
employees rather than contracting out.
C. Oppose any legislation that would grant employee benefits
that should be decided at the local bargaining table.
D. Oppose legislation that removes or reduces management
rights, such as deciding staffing or service levels
- — _.._..........— ___._.... - -....
either by direct action or increased liabilitv
E. Support legislation that would reform the Workers'
Compensation system to reduce employer cost through the
reduction of system abuse.
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F. Support legislation that limits the ability of employees
to receive workers' compensation benefits for
occupational injuries /illnesses that result from stress,
disciplinary action, or performance evaluation
consultations.
G. Oppose legislation that expands or extends any
presumptions of occupational injury or illness.
H. Oppose any measure that imposes compulsory and binding
interest arbitration.
I. Oppose efforts that reduce local control over public
employee disputes or impose regulations of an outside
agency on such disputes.
J. Oppose a mandatory Social Security tax for public
employers and public employees.
3. Transportation
A. Oppose legislation that redirects local transportation
funds away from cities.
B. Support legislation that would provide additional
resources to cities to finance local transportation,
transportation facilities, and improvements.
C. Support legislation that provides greater flexibility for
the use of local transportation funds.
D. Support legislation that will help reduce non -local
commercial vehicle traffic on SR 118 through the City.
E. Oppose legislation that limits and /or decreases the
existing amount of retention proceeds withheld from any
payment by a public entity to the contractor on a public
project.
4. Environment
A. Support legislation that streamlines the State's
environmental review process.
B. Support legislation that would eliminate unfunded
mandates such as the water course pollution prevention
programs.
C. Support legislation that reduces or eliminates local
government's superfund liability.
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D. Support legislation to either consolidate or streamline
the Federal and State Clean Air Acts.
E. Support air quality efforts that emphasize use of
advanced technologies and market incentives, including
use of alternative fuels and development of an
infrastructure for alternative fuel vehicles.
F. Support legislation that reimburses cities for revenue
losses stemming from environmental decisions made without
city participation.
G. Support legislation that _provides money to local
governments for energy conservation programs.
5. Waste Management
A. Support legislation that provides cities with financial
assistance for programs designed to provide for the safe
disposal of solid, hazardous, and special waste.
B. Support legislation that strengthens cities' ability to
direct municipal solid waste flow to designated solid
waste facilities.
C. Support legislation that streamlines AB 939 tracking and
reporting requirements.
D. Support legislation that would make grants available to
local agencies for programs that encourage the
recycling /reclaiming of resources.
E. Support legislation that promotes source reduction
measures without creating an unfunded mandate.
F. Oppose legislation that would restrict or limit local
government's ability to franchise refuse and recycling
collection services, to direct municipal solid waste flow
(flow control), or to contractually require haulers to
guarantee achievement of AB 939 goals.
G. Support legislation that promotes recycling and expands
the market for recycled materials.
6. General Government
A. Support legislation that ensures cities receive a
proportionate share of property taxes upon withdrawal
from a county library services district.
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B. Support legislation that provides financial assistance
for local public libraries without the imposition of new
taxes.
C. Support legislation that reinstates effective local
regulation of the cable television industry and other
deregulated utilities, including financial reimbursement
for use of pubic right -of -ways.
D. Oppose legislation that restricts or weakens a city's
ability to regulate smoking areas.
E. Support legislation limiting a city's liability
associated with hazardous recreational activities, such
as skateboarding and in -line skating.
F. Oppose legislation that increases local government's
exposure to litigation.
G. Support maximum local flexibility in contracting for
services.
H. Oppose efforts to cut funding for Community Development
Block Grant (CDBG) programs.
I. Support legislation to give non - entitlement cities the
same rights as entitlement cities in CDBG program
administration.
J. Support legislation that makes funds available to
refurbish and improve parks.
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7. Public Safety
A. Support legislation that would provide cities with a
greater share of fines and forfeitures.
B. Support legislation that would provide additional
resources for commercial truck safety inspections and the
enforcement of commercial truck vehicle codes.
C. Oppose legislation that weakens enforcement of, and
penalties for, commercial truck violations.
D. Support legislation that would provide cities with
contract law enforcement a proportionate share of
Proposition 172 sales tax revenues for public safety.
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B.
E. Support legislation that increases local law enforcement
resources without increasing taxes.
F. Support legislation that would provide a greater share of
seized assets to cities.
G. Support legislation that allows use of -&State and
- €_Federal public safety grants for maintenance efforts in
addition to service increases.
Land Use Planning
A. Support legislation that reforms annexation law by
strengthening cities' authority over spheres of influence
and ensures that fair property tax agreements can be
obtained.
B. Support - legisl.ati.on that provides for shared land use
determinations between counties and cities when the
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General Plan of the city establishes a planning area
consistent with Government Code provisions.
C. Support legislation that enhances local control and
diminishes litigation surrounding adult entertainment
facilities.
D. Support legislation that strengthens local control to
prepare, adopt and implement fiscal plans for orderly
growth, development, beautification, and conservation of
local planning areas, including, but not limited to,
regulatory authority over zoning, subdivisions,
annexations, and redevelopment areas.
E. Support efforts that are consistent with the doctrine of
"home rule" and the local exercise of police powers,
through planning and zoning processes, over local land
use.
F. Oppose development agreements for undeveloped areas in
the cities' spheres of influence that do not conform to
city standards.
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9. Housing
A. Support legislation that addresses occupancy levels and
strengthens cities' ability to reduce overcrowding in
residential housing.
Page 6 of 7
B. Support efforts to develop Federal, State, and County
participation, financial support, and incentives for
programs that provide adequate, affordable housing for
the elderly, handicapped, and low - income persons
throughout the community.
C. Oppose legislation that expands the Department of Housing
and Community Development's review role for local Housing
Elements.
D. Support Housing Element reform legislation that provides
greater local control and flexibility, aRA-- -z at
simplifies the processF and improves its effectiveness-r.
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E. Support legislation that eliminates the current Regional
Housing Needs Allocation process and defines a more
equitable process to determine a "fair share" of new
housing needed to respond to growth trends in the region.
10. Redevelopment /Economic Development
A. Oppose legislation that further weakens a city
redevelopment agency's authority to use eminent domain.
B. Oppose legislation that would prohibit or limit the
establishment of new redevelopment project areas and /or
the expansion of existing project areas.
C. Oppose legislation that reduces the amount of gross tax
increment allocable to redevelopment agencies.
D. Support legislation that reforms reporting requirements
for the Redevelopment Agencies by simplifying the process
and eliminating reporting confusion.
E. Oppose legislation that adds restrictions and procedural
requirements regarding closed session discussions on land
acquisition, use of eminent domain, and disposal of
property.
F. Oppose measures that would diminish the current authority
or financing capabilities of redevelopment agencies.
G. Support_ legislation that gives cities resources to
finance economic development efforts, such as business
attraction, retention, and growth, as well as marketing
and tourism.
H. Support_ legislation that simplifies and streamlines the
process for foreign trade.
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