HomeMy WebLinkAbout7 - Legislative PlatformITEM 3
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Deputy City Manager
SUBJECT: Summary of City's Legislative Efforts, Adoption of 2001 Legislative
Platform and Related Resolution
REOOMMENDED Adopt Resolution 2001 -_ confirming the City's Legislative Platform for 2001 and
ACTION: authorizing the Mayor to issue letters consistent with the Platform.
SUMMARY: This item describes the City's legislative efforts for 2001 and asks the Council to
approve the City's 2001 Legislative Platform. The 2001 Platform is similar to the 2000
Platform except for those changes identified in skrikeeut (deletions) and underline
(additions). The Resolution associated with the Platform allows the Mayor to send
letters to the State Legislature and to Congress consistent with the Platform.
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
• Contract Lobbyists
• Memberships in Local Government Organizations that Lobby
• City employees' Professional Associations, and the
• Annual Council Resolution directing our advocacy efforts
I — Legislative Platform. Each year, the City Council adopts broad policy guidelines
via a Platform that directs City staffs and contractors' activities relating to the C.�tys
legislative agenda. The Platform covers the following issue areas:
1 - Municipal Finance 5 - Planning, Zoning, and LAFCO law
2 - Regional Coordination 6 - Bay Protection and Environmental Duality
3 - labor Relations 7 - Aviation
4 - Surface Transportation
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 of Newport Bay, and the ability to
effectively address the region's aviation needs (see Attachment B for the full text of
the Platform.
Newport Beach City Council
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The 2001 Platform proposes limited changes from the 2000 Platform - these changes
are either stmek nil (meaning that we have proposed that these sections be deleted)
or underlined (added).
II - Contract Lobbyists. Records of the Fair Political Practices Commission (FPP,C)
of the State of California will show that the City is a "lobbyist employer" which
employs the following lobbying firms that deal with state agencies:
• Emanuels and Associates
• Sloat, Higgins, and Associates
• Enviro Communications, Inc.
Similarly, the City recently entered into a 1 -year contract with Ball Janik, LLP of.
Washington DC to coordinate some of the City's federal efforts relating to funding
for Newport Bay and water and sewer infrastructure projects. Mr. Steven Bucknam
of Bucknam and Associates will assist Ms. Vicki Cram of Ball Janik in these efforts.
III - Local Government Organizations that Lobby. The City is a dues - paying
member of several coalitions and associations that advocate collectively for issues of
interest to the City. These include (but are not limited to):
• The League of California Cities
• The Orange County Division of the League of California Cities
• The Southern California Association of Govemments
• The California Coastal Coalition
• The Orange County Coastal Coalition
IV - Employees' Professional Organizations. In addition to the above, department
directors and others in the City also are members of about 65 other organizations that
both lobby the State Legislature (or Congress) and use city dollars to pay
membership dues. These include the:
• California Fire Chiefs Association
• California Association of Harbor Masters and Port Captains
• California Police Chiefs Association (CPCA)
• Intematimal City/County Managers' Association
• California Society of Municipal Finance Officers
• American Library Association
City staff often serve in leadership capacities in these organizations. For example,
Police Chief McDonell is the incoming First Vice President of the California PoR* e
Chiefs Association and will be CPCA President in February 2002.
A summary of our Contract Lobbyists and several Local Government Organizations
that Lobby is shown on Attachment C.
V - Council Resolution. Whenever the League of California Cities or our own
lobbyists suggest that we contact a legislator or the Legislature on a particular bill ,
the City often must act quickly to issue an advocacy letter under the Mayor's
signature. Each year, the Council adopts a formal Resolution which 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.
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During the course of the legislative year (December through September in both the
State Legislature and the US Congress), the City offers its opinion on dozens of
pieces of legislation. In 2000, the City corresponded with its legislators frequently
on:
• The FY 2000 -01 State Budget, including appropriations designated with
Proposition 12 for Upper Newport Bay.
• Legislation to exempt home -based businesses from business license taxes (AB
65, Cardenas, 2000).
• Legislation to direct binding arbitration for police and fire personnel (SB 402,
Burton, 2000).
This Agenda Item asks the Council to adopt a resolution formally approving the
City's Legislative Platform for 2001 and that authorizes Mayor Adams to sign
correspondence consistent with the Platform should a legislative need arise.
ATTACHMENTS: Attachment A — Resolution 2001 -_
Attachment B - 2001 Legislative Platform
Attachment C - Summary of City's Advocacy Efforts
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RESOLUTION NO. 2001 Attachment
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
APPROVING A LEGISLATIVE PLATFORM FOR 2001 AND
AUTHORIZING THE MAYOR (OR A DESIGNEE)
TO SIGN CORRESPONDENCE CONSISTENT WITH THE PLATFORM
WHEREAS, the City Council historically promotes legislative actions consistent with the
goals and functions of the City of Newport Beach; and
WHEREAS, such legislative actions are typically included within the City's adopted
Legislative Platform for the coming year; and
WHEREAS, such 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 for 2001 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 2001 Legislative
Platform during Calendar Year 2001. If the Mayor is unavailable to sign a City advocacy letter,
he may designate the Mayor pro Tempore or the City Manager to sign and issue the letter in his
absence. All correspondence prepared on the City's behalf will be copied to each Council
member.
ADOPTED this 9th day of January, 2001.
Garold B. Adams
MAYOR OF NEWPORT BEACH
ATTEST:
LaVonne Harkless
NEWPORT BEACH CITY CLERK
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Attachment B
City of Newport Beach
2001 Legislative Platform
I - MUNIC112AL 14NANGE FISCAL STABILITY. The City's objective is to protect existing
revenue levels 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
life. Therefore, the City
(a) Oppose legislaAien dhat weald make eities mom dependent en the Rate for finaflyinInt bilitjp
and ge&Eydirestien- Advocate for a stable, safe, and economical supply of electricity and
(b) Support legislation leading to greater financial independence from State government and which
would result in greater predictability in local government budgeting.
(c) Oppose legislation that would impose state and federal mandated costs for which there is no
guarantee of local reimbursement or offsetting benefits.
(d) In the absence of statewide fiscal reform, the City shall oppose legislation that reduces or
eliminates existing local revenue sources, including the city share of property tax, sales and use
tax, local governments' share of vehicle license fees, transient occupancy taxes, business license
taxes, and State subventions to local governments.
(e) As a part of a comprehensive reform package, the City 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) 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.
(g) Oppose any changes in State law that would limit the ability of charter cities to preserve the
local revenue base.
II - REGIONAL r'O ER^.=. E ` COORDINATION. The City supports regional
cooperation that does not infringe on local areas of authority without offsetting financial
benefit. Therefore, the City shall:
(a) Support reform of existing state, regional, and local planning processes only if directly linked
to reforms in the current revenue and tax structure of state and local governments.
(b) Oppose legislation that creates or grants powers to sub-regional or regional bodies that
would infringe on local concerns.
III - LABOR RELATIONS. The City respects betlrthe working conditions, benefits, and rights
of Newport Beach employees and the conservative fiscal management principles of the
community. Therefore, the City shall:
(a) Oppose legislation that would impose compulsory and binding arbitration with respect to
public employees; with the State's passage of binding arbitration for fire and police wages,
the City shall advocate for fill reimbursement from the State Mandates Claims Fund for anv_
arbitration awards resulting from SB 402 (Burton, 2000).
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(b) Oppose legislation that imposes mandated employee benefits that are more properly decided
at the local bargaining table.
(c) Oppose efforts that reduce local control over public employee disputes.
(d) Oppose legislation that would grant public employees the right to strike.
(e) Support legislation to reform worker's compensation formulas to rely on higher thresholds
for compensability or a proportionate exposure formula.
(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.'
(g) Oppose workers compensation reform that would exclude police officers, firefighters, and
others with life- threatening jobs from the increased proof stress threshold.
IV - SURFACE TRANSPORTATION. The City supports expanded transportation systems,
programs and services. Therefore, the City shall:
(a) Support legislation that helps local agencies finance local transportation facilities.
(b) Oppose legislation that requires additional State and Federal review of projects that are
predominantly of regional or local significance.
(c) Support legislation that gives local agencies greater discretion over transportation funds!.
V - PLANNING, ZONING, and LAFCO LAW. The City seeks to protect and strengthen the
City's land use authority, including zoning, incorporation, annexation, and community
development. Therefore, the City shall:
(a) Support 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.
fbl Support efforts which expedite cities' annexation of territory within existing Local Coastal
Programs such as the Newport Coast.
(c) Support efforts that are consistent with the doctrine of "home rule" and the local exercise of
police powers over local land use, including expanding cities' ability to regulate the
placement of neighborhood -based residential treatment centers and group homes.
(d) Oppose development agreements in cities' spheres of influence in undeveloped areas that do
not conform to city standards.
(e) Support the existing right of the City of Newport Beach to annex areas within its Sphereof
Influence.
(f) Oppose efforts to change the Cortese -Knox Act ( LAFCO Law) in any manner that would
adversely impact the ability of recognized regional entities to plan for regional facilities.
including aviation facilities.
VI - BAY PROTECTION AND ENVIRONMENTAL QUALITY. The City supports effective
measures to improve the environ ment, including water quality, solid waste, hazardous
materials clean-up, and ocean, beaches and bay protection.
(a) Support Iegislation and funding measures that would increase water supply and improve
water quality in this region.
(b) Support measures that permit the sale, lease, exchange or transfer of surplus water within the
State.
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(c) Support measures that maintain and enhance local authority and flexibility to regulate solid
waste and recyclable materials.
(d) Support legislation that limits local government liability as a third party in Superfund
cleanup litigation.
(e) Support measures providing funds or other capabilities to maintain and protect the ocean,
beaches, harbor and bay.
(f) Pursue legislative and executive action that provides long -term sources of funds and /or
services to enhance and protect Newport Bay.
(g) Pursue legislative and executive action to continue the annual Outer Continental Shelf (OCS)
offshore petroleum drilling moratorium and pursue the establishment of a permanent
wildlife preserve off the Orange County Coast
(h) Support measures that improve the science associated with water quality testing and beach
closure standards.
(i) Advocate for Regional Board control over fines and fees collected from water quali ty
violations so that such fines and fees remain in the region to be used directly for water
quality improvements.
VII-AVIATION. Asa neighbor to John Wayne Airport, the City is an active participant in
the local and regional planning and operation of commercial airports in Orange County.
The City shall:
(a) Support measures promoting the ability of local airport operators to impose aircraft noise
controls.
(b) Support legislative and executive actions that preserve, extend, or recreate the John Wayne
Airport QWA)1985 Settlement Agreement
(c) Support legislative and executive actions that promote the use of Marine Corps Air Station
(MCAS) El Toro as Orange County's second commercial airport