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HomeMy WebLinkAboutAGENDA REPORT 2014 0521 CCSA REG ITEM 10C ITEM 10.C. CITY OF MOORPARK,CALIFORNIA MOORPARK CITY COUNCIL City Council Meeting AGENDA REPORT °f .5-ai-aoiyc ACTION: anactia Jaw 2,c*-na-tr.-r,414.-44- TO: 42c ..TO: Honorable City Council BY, L.<< FROM: Jennifer Mellon, Administrative Services Manager. DATE: May 8, 2014 (CC Meeting of 5/21/14) /'" SUBJECT: Consider 2014 Legislative Program BACKGROUND AND DISCUSSION Each year, the Finance, Administration, and Public Safety (FAPS) Committee reviews the City of Moorpark Legislative Program. The Committee recommendations are forwarded to the City Council for consideration. The Legislative Program outlines the City's position on municipal issues that may become bills in the legislature. Once the City Council approves the Legislative Program, the Mayor is authorized to send a letter indicating the City's position. If a measure does not specifically fit into an area of the Legislative Program, or if a staff recommendation differs from the Legislative Program, then the FAPS Committee shall review the measure and recommend a position to the City Council. The Legislative Program, Attachment 1, provided with changes shown in legislative format, is divided into twelve (12) categories. Two items have been removed and one added to the program for consideration in 2014. On May 7, 2014 the FAPS Committee met and discussed the Legislative Program. Staff recommended the removal of item 1.L and the addition of item 1.N. Discussion included making some minor modifications to language as well as the request for removal of item 6.D as the Committee believed that item 1.A adequately covered Educational Revenue Augmentation Fund (ERAF). City staff monitors legislation and recommends action on legislation that is considered "hot" by the League of California Cities, Ventura Council of Governments, and other jurisdictions within Ventura County that fit into the Moorpark Legislative Program. FISCAL IMPACT There is no fiscal impact associated to this item. STAFF RECOMMENDATION Adopt the 2014 Legislative Program Attachment: Draft 2014 Legislative Program 140 CITY OF MOORPARK 2014 LEGISLATIVE PROGRAM May 21, 2014 The City of Moorpark has developed the following Legislative Program to allow the City to respond to state and federal legislation in a proactive manner since legislation can often move quickly through the legislature. Whenever possible, the Mayor(or Mayor Pro Tern 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. If a measure is time sensitive, the City Manager (or designee) is authorized to sign correspondence that is consistent with the Legislative Program or has been approved by the City Council. The Finance, Administration and Public Safety (FAPS) Committee will also periodically review legislation for recommendation to the City Council. Staff monitors the League of California Cities' Publications 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(FAPS)Committee review and City Council consideration. PLATFORM STATEMENTS 1. Local Government Finance A. 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. B. 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 fee. C. Oppose legislation that restricts or limits a city's ability to use tax-exempt debt for the purchase or construction of public purpose improvements. D. Oppose any measure that makes local agencies more dependent on the state for financial stability and policy direction. Page 1 of 9 141 Legislative Program May 21, 2014 E. Support legislation that limits eliminates cities' contributions to the Educational Revenue Augmentation Fund (ERAF)and directs the repayment of past contributions. F. 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. G. Support legislation that safeguards existing City revenue sources from preemption or seizure by the state or county. H. Support measures that provide greater fiscal independence to cities and result in greater stability and predictability in local government budgeting. 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. J. Support legislation that protects the ability of local government to recover the costs of mandated programs through fees that are not subject to Proposition 218. K. Support the establishment of a constitutionally-protected funding structure for local government. L. Support legislation that closes the loophole that allows companies currently of sales taxes on Internet commerce. M.L. Support legislation that authorizes a statewide ballot measure to restore the requirement for a simple majority of voters in a city or county to approve an increase in taxes or issue general obligation bonds. M. Support efforts by state government to distribute revenue to local government in a manner that does not create incentives for commercial "sprawl" retail development and/or disincentives for residential, industrial, open space or agricultural land uses. N. Support efforts to appropriately collect and distribute sales tax generated by e-commerce back to local government jurisdictions. 0. Advocate and join with other Ventura County cities to encourage the Ventura County Treasurer-Tax Collector to shorten the time to collect property tax readjustments. Page 2 of 9 142 Legislative Program May 21, 2014 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 for services. 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 liability. E. Oppose legislation that expands or extends any presumptions of occupational injury or illness. F. Oppose any measure that imposes compulsory and binding interest arbitration. G. Oppose efforts that reduce local control over public employee disputes or impose regulations of an outside agency on such disputes. H. Oppose a mandatory Social Security tax for public employers and public employees. I. Support legislation that would reform the Workers' Compensation system to reduce employer cost through the reduction of system abuse. J. 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. 3. Transportation A. Oppose legislation that redirects local transportation funds away from cities. B. 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. C. Support legislation that would provide additional resources to cities to finance local transportation systems, facilities, and improvements including the Safe Routes to Schools programs. Page 3 of 9 143 Legislative Program May 21, 2014 D. Support legislation that provides greater flexibility for the use of local transportation funds for both public transit and street maintenance and construction purposes. E. Support legislation that will help reduce non-local commercial vehicle traffic on SR-118 through the City. F. Encourage the timely reauthorization of the Transportation Equity Act and its annual appropriations for the safety and enhancement of surface transportation in the region, including local transit, commuter rail, highway projects such as: the widening of the SR 118 freeway, the SR 23/US 101 interchange; and local road improvements such as the proposed North Hills Parkway; and intermodal transportation center development such as the realignment of the Moorpark Metrolink Station entrance, and to encourage transit-oriented projects in the acljaGent-redevelopment propertydowntown area. 4. Environment / Open Space A. Support legislation that streamlines the state's environmental review process and maintains public participation without compromising environmental quality standards. B. Support legislation that reduces or eliminates local government's owner/operator Superfund liability. C. Support legislation to either consolidate or streamline the federal and state Clean Air Acts without reducing air quality standards. D. 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. E. Support legislation that reimburses cities for revenue losses stemming from environmental decisions made without city participation. F. Support legislation that provides money to local governments for energy conservation programs. G. Support funding and other incentives for local government and private industry projects and planning strategies to promote sustainability in infrastructure and operations, greater energy efficiency, lower energy usage, and reduction of greenhouse gas emissions. Page 4 of 9 144 Legislative Program May 21, 2014 H. Support funding and legislation for the designation and preservation of open space and preservation, restoration and enhancement of natural resources. Support legislation that makes funds available to refurbish and improve parks, and to acquire and maintain open space. J. Support legislation that exempts from property taxes any City owned property outside city limits (but within the same County) that is used for open space preservation purposes. K. Support legislation and/or programs that provide money to local governments for energy efficiency and conservation programs. 5. Solid Waste / Recycling / Storm Water/ Waste Water / Ground Water A. 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 /AB 341 goals. B. Support legislation that provides cities with financial assistance for programs designed to provide for the safe disposal of solid, hazardous, and special waste. C. Support legislation that strengthens cities' ability to direct municipal solid waste flow to designated solid waste facilities. D. Support legislation that streamlines AB 939 /AB 341 tracking and reporting requirements. E. Support legislation that would make grants available to local agencies for programs that encourage the recycling/reclaiming of resources. F. Support legislation that promotes source reduction measures without creating an unfunded mandate. G. Support legislation that promotes recycling and expands the market for recycled materials. H. Support new resource recovery and conversion technologies, such as bio-diesel from organic waste. Support legislation that implements the concept of extended manufacturer responsibility for electronic waste and other material types requiring incentives for recycling. Page 5 of 9 145 Legislative Program May 21 , 2014 J. Support legislation that gives cities authority to meet their National Pollution Elimination Discharge System (NPDES) requirements on a more collective and regional basis. K. Support legislation that would eliminate unfunded mandates such as the water course pollution prevention programs. L. Support legislation that protects ground water quality. 6. Library Services A. Oppose legislation that reduces funding for libraries including Public Library Funds. B. Support legislation that ensures cities receive a proportionate share of property taxes upon withdrawal from a county library services district, or any other county service or district for which property taxes are received. C. Support legislation that provides financial assistance for local public libraries without the imposition of new taxes. D. Support legislation that limits libraries' contributions to the Educational Revenue Augmentation Fund (ERAF). =D. Support legislation with intent to allow City Operated Libraries(as opposed to districts) to have an "advisory" commission not a Board as per current law. 7. Telecommunications A. Oppose efforts to make PEG channels hard to find or navigate to, such as on an obscure channel or accessible only via several Internet web page menus, of any lesser signal quality than basic channels, or requiring an additional fee or device for viewers to access. B. Oppose any legislation that reduces or restricts local authority to regulate public right-of-way and receive compensation for its use. C. Support legislation that reinstates effective local regulation of the cable television industry and other deregulated utilities, including financial reimbursement for use of public right-of-ways. D. Support preserving public, education and government ("PEG") television channels, funding, and programming support by video service providers, such as: payments to local government of franchise fees, PEG fees, and facility/equipment grants; and furnishing public access production facilities. Page 6 of 9 146 Legislative Program May 21, 2014 8. General Government A. Oppose legislation that restricts or weakens a city's ability to regulate smoking areas, alcoholic beverage licenses, or adult-oriented business establishments. B. Oppose legislation that increases local government's exposure to litigation. C. Oppose efforts to cut funding for Community Development Block Grant (CDBG) programs and other community services and workforce assistance programs to serve low-income and/or other disadvantaged residents. D. Oppose efforts to redirect or reduce Proposition 10 funding from the local First 5 Commissions. E. Support legislation limiting a city's liability associated with hazardous recreational activities, such as skateboarding and in-line skating. F. Support legislation that provides maximum local flexibility in contracting for services. G. Support legislation to give non-entitlement cities the same rights as entitlement cities in CDBG program administration. H. Support legislation that promotes low-cost or no-cost spay and neuter programs. Support legislation that holds animal owners accountable for injuries or property damage caused by animals under their care or control. J. Support the retention of local First 5 program funding from Proposition 10 to maintain current service levels and implement the goals of the local First 5 programs. 9. Public Safety A. Oppose legislation that weakens enforcement of, and penalties for, commercial truck violations. B. Support legislation that promotes the efforts of the Moorpark Police Department and the Ventura County Fire District to maintain the level of services consistent in sustaining the City's rank as one of the nation's"Safest Cities". C. Support legislation that would provide cities with a greater share of fines and forfeitures. Page 7 of 9 147 Legislative Program May 21, 2014 D. Support legislation that would provide additional resources for commercial truck safety inspections and the enforcement of commercial truck vehicle codes. E. Support legislation that would provide cities with contract law enforcement a proportionate share of Proposition 172 sales tax revenues for public safety. F. Support legislation that increases local law enforcement resources without increasing taxes. G. Support legislation that would provide a greater share of seized assets to cities. H. Support legislation that allows use of state and federal public safety grants for maintenance efforts in addition to service increases. 10. Land Use Planning A. Oppose county development projects for undeveloped areas in the city's area of interest that do not conform to city standards. B. Oppose legislation that limits city use of eminent domain. C. Support legislation that reforms annexation law by strengthening cities' authority over spheres of influence and ensures that fair property tax agreements can be obtained. D. 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. E. Support legislation that enhances local control and diminishes litigation surrounding adult entertainment facilities. F. 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, and annexations. G. 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. H. Support legislation that allows local control over the establishment of medical marijuana establishments. Page 8 of 9 148 Legislative Program May 21, 2014 11. Housing A. Oppose legislation that expands the state Department of Housing and Community Development's review role for local Housing Elements. B. Oppose legislation that expands the state exemption for second dwelling units in single family zones. C. Support legislation that addresses occupancy levels and strengthens cities' ability to reduce overcrowding in residential housing. D. 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. E. Support Housing Element reform legislation that provides greater local control and flexibility, simplifies the process, and improves its effectiveness. F. Support legislation that eliminates the current Regional Housing Needs Allocation process and defines an equitable process to determine a "fair share" of new housing needed to respond to growth trends in the region. G. Support legislation to ensure that property tax valuations for deed restricted dwelling units with reinforcing Deeds of Trust are based on the Affordable Sales Price, actually paid by the buyers, rather than based on market value. H. Support legislation to protect homebuyers from predatory lending by ensuring that mortgage brokers are effectively regulated and that mortgage loans are suited to the financial means of the homebuyer. 12. Successor.Redevelopment Agency / Economic Development A. Support legislation that gives cities resources to finance economic development efforts, such as business attraction, retention, and growth, as well as marketing and tourism. B. Support legislation that would revive redevelopment agencies and/or their functions such as economic revitalization; affordable housing; blight removal; infrastructure development; and job creation/retention. C. Support legislation that simplifies and streamlines the process for creation of infrastructure financing districts. Page 9 of 9 149