HomeMy WebLinkAboutAGENDA REPORT 2013 0605 CCSA REG ITEM 09D ITEM 9.D.
MOORPARK CITY COUNCIL
AGENDA REPORT CRY councii Meeting
A T'C?N• 3
TO: Honorable City Council
FROM: Jennifer Mellon, Administrative Services Manage.-----°�=
DATE: May 1, 2013 (CC Meeting of 6/5/13)
SUBJECT: Consider 2013 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, is divided into thirteen (13) categories. Three new
categories were added: Local Control, Library Services, and Telecommunications. Three
statements were added in the Local Control section and statements were moved from the
General Government category into Library Services and Telecommunications as noted on the
Attachment. City staff monitors legislation and recommends action on legislation that is
considered "hot" by the League of California Cities, VCOG, and other jurisdictions within
Ventura County that fit into the Legislative Program.
On May 15, 2013, the FAPS Committee (Mayor Parvin and Mayor Pro Tern Van Dam) met
and discussed the Legislative Program. Discussion included City procedures for legislative
advocacy and monitoring, as well as methods used to determine bills of interest. The
Committee recommended forwarding the Legislative Program for Council consideration.
FISCAL IMPACT
There is no fiscal impact associated to this item.
STAFF RECOMMENDATION
Adopt the 2013 Legislative Program
Attachment 1: Draft 2013 Legislative Program
127
Attachment 1
CITY OF MOORPARK
2012 2013 LEGISLATIVE PROGRAM
Adopted Apra! n, 2044 June 5, 2013
The City of Moorpark has developed the following Legislative Program was developed-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, Tthe 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 w9monitors the League of California Cities' City ^dveGate Week'y 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 F-T ;aRGe, Administration
and PubliG Safety FAPS Committee review and City Council consideration.
PLATFORM STATEMENTS
1. Local Control (added section)
A. Oppose any legislation that preempts local authority.
B Oppose any legislation that mandates changes which interrupt City
operations services to the community, or weaken infrastructure.
C Support legislation that allows the City Council to address the needs of City
residents and enhances local control.
�2. 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
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Legislative Program
June 5, 2013
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 fee.
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 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
doing business in California to create dot-com subsidiaries to avoid collection
of sales taxes on Internet commerce.
M. 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.
N. Advocate and djoin with other Ventura County cities to encourage the
Ventura County Treasurer-Tax Collector to shorten the time to collect
property tax readjustments.
O. Support efforts by state government to distribute revenue to local
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Legislative Program
June 5, 2013
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.
27-.3. 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. Support legislation that would reform the Workers' Compensation system to
reduce employer cost through the reduction of system abuse.
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.
3:4. 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 systems,facilities, and improvements including the Safe
Routes to Schools programs.
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Legislative Program
June 5, 2013
C. Support legislation that provides greater flexibility for the use of local
transportation funds for both public transit and street maintenance and
construction purposes.
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
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 and SP 23 f[gewa s, 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 adjacent redevelopment property.
4.5. Environment / Open Space (added open space)
A. Support legislation that streamlines the state's environmental review process
and maintains public participation without compromising environmental
quality standards.
B. SuppeFt legiSlatiGR that would eliminate URfURded mandates SLJGh as thee
item moved to Section 6)
G-.B. Support legislation that reduces or eliminates local government's
owner/operator Superfund liability.
D-.C. Support legislation to either consolidate or streamline the federal and state
Clean Air Acts without reducing air quality standards.
E-.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.
F--.E. Support legislation that reimburses cities for revenue losses stemming from
environmental decisions made without city participation.
G-:F. Support legislation that provides money to local governments for energy
conservation programs.
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Legislative Program
June 5, 2013
H. Support legislat.GR that gives Gities autherity te meet their Nafienal Poll
regieea! basis. (item moved to Section 6)
t-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.
H. Support funding and legislation for the designation and preservation of open
space and preservation, restoration and enhancement of natural resources.
I 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.
J. Support legislation and/or programs that provide money to local governments
for energy efficiency and conservation programs.
6 Waste«,n ;;e teme-ntSolid Waste / Recycling / Storm Water / Waste Water
(renamed section)
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 /AB 341 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 / AB 341 goals.
G. Support legislation that promotes recycling and expands the market for
recycled materials.
H. Support new resource recovery and conversion technologies, such as
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Legislative Program
June 5, 2013
bio-diesel from organic waste.
I. Support legislation that implements the concept of extended manufacturer
responsibility for electronic waste and other material types requiring
incentives for recycling.
J. Support legislation that gives cities authority to meet their National Pollution
Elimination Discharge System (NPDES) requirements on a more collective
and regional basis. (moved here from Section 5)
K. Support legislation that would eliminate unfunded mandates such as the
water course pollution prevention programs. (moved here from Section 5�
7. Library Services (added section)
A. Oppose legislation that reduces funding for libraries including Public Library
Funds. (moved here from Section 9)
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. (moved
here from Section 9)
C. Support legislation that provides financial assistance for local public libraries
without the imposition of new taxes. (moved here from Section 9)
D. Support legislation that limits libraries' contributions to the Educational
Revenue Augmentation Fund (ERAF). (moved here from Section 9)
E. 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.
8. Telecommunications (added section)
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. (moved here from Section 9)
B. Oppose any legislation that reduces or restricts local authority to regulate
public right-of-way and receive compensation for its use. (moved here from
Section 9
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. (moved here from Section 9)
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Legislative Program
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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.
(moved here from Section 9)
�9. General Government
A. Support legislation that ensures Gities receive a prepertieRate shar
property taxes upon withdrawal from a Geunty library serViGes ddiStFiGt, OF aRY
ether ne,inty confine or diotrint for whinh property twos are reneiyefI item
moved to Section 7)
witheut the Imposition of new (item moved to Section 7�
G. Support legislatien that limits libraFieS' Gentributions to the FAUGati
Revenue AugmeRtatieR Fund-. (item moved to Section 7)
D. Oppose legiSlatiGR that redUGes fundiRg for libraries inGluding PubliG Library
Funds (item moved to Section 7)
telpvis1e�en—industry and other deregulated utilities, nG udinn finannir+l
reimbursement fear use of n„hlin right of ways. (item moved to Section 8)
G Oppose e#erFs to make DES_ nhannels hard to fiRd Or .ate to Gh as
on ehsn„re nhennel er onnessihle only fin several Internet web page men„c
.+...+�... ..��....���,.. ..� u.......w,..i,v only via several vva..v page of any lesser signal quality than basiG Ghannels, ar r . . .
de„ine fer viewers to onness...(item moved to Section 8)
G. Support preserving_q edUGatien and nnVernment ("PEG") tele isinn
SUGh as:paym zG IOGal gevernmeRt of franchise fees, PEG fees,, aPA
(item moved to Section 8)
H--& Oppose legislation that restricts or weakens a city's ability to regulate
smoking areas, alcoholic beverage licenses, or adult-oriented business
establishments.
1-.B. Support legislation limiting a city's liability associated with hazardous
recreational activities, such as skateboarding and in-line skating.
J-.C. Oppose legislation that increases local government's exposure to litigation.
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Legislative Program
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f4D. Support legislation that provides maximum local flexibility in contracting for
services.
L-.E. 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.
M-.F. Support legislation to give non-entitlement cities the same rights as
entitlement cities in CDBG program administration.
PSG. Support legislation that makes funds available to refurbish and improve
parks, and to acquire and maintain open space.
0-.H. Support legislation that promotes low-cost or no-cost spay and neuter
programs.
P-.1. Support legislation that holds animal owners accountable for injuries or
property damage caused by animals under their care or control.
Q. Evaluate the benefits of expanding the GGUrr n� booun.daFieS of the (lam QXR
Harbor D*StFiGt thFE)Ugh G011aberative legislation with other Ventura GoU4*
item moved to Section 8)
S-.J. Oppose efforts to redirect or reduce Proposition 10 funding from the local
First 5 Commissions.
TX. 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.
7-.10. Public Safety
A. 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".
A-.B. Support legislation that would provide cities with a greater share of fines and
forfeitures.
B-.C. Support legislation that would provide additional resources for commercial
truck safety inspections and the enforcement of commercial truck vehicle
codes.
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Legislative Program
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GD. Oppose legislation that weakens enforcement of, and penalties for,
commercial truck violations.
D-.E. Support legislation that would provide cities with contract law enforcement a
proportionate share of Proposition 172 sales tax revenues for public safety.
E-.F. Support legislation that increases local law enforcement resources without
increasing taxes.
F,G. Support legislation that would provide a greater share of seized assets to
cities.
G,H. Support legislation that allows use of state and federal public safety grants
for maintenance efforts in addition to service increases.
and maintained n, rLinn Inc
8-.11. 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 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.
Cu 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, and annexations., °nd deyelenmon+
r
areas.eas.
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 county development projects for undeveloped areas in the city's
area of interest that do not conform to city standards.
G. Support legislation that allows local control over the establishment of medical
marijuana establishments.
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Legislative Program
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H. Oppose legislation that limits city use of eminent domain.
X12. Housing
A. Support legislation that addresses occupancy levels and strengthens cities'
ability to reduce overcrowding in residential housing.
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 state 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, simplifies the process, and improves its effectiveness.
E. 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.
F. Oppose legislation that expands the state exemption for second dwelling
units in single family zones.
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.
4&13 Successor Redevelopment Agency/Economic Development(added "successor
agency")
A. Oppose legislation that further wea enS eer limits a Gity redeveleprn
B. Oppose legislation that would prohibit or limi� the establishment Of Re
.
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Legislative Program
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G. Oppose legislation that redUGes the arne nt of gross tax inGrement alleGable
and disposal of prepe#y-.
Oppose measures that would diminish the Gurrent authority or finaRGing.
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 iob creation/retention.
f4-m C. Support legislation that simplifies and streamlines the process for creation of
infrastructure financing districts.
.
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