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HomeMy WebLinkAboutCC RESO 13,516RESOLUTION NO. 13,516 RESOLUTION ADOPTING LEGISLATIVE PPOLICY GUIDELINES WHEREAS, in a recent pre -council conference, members of the council indicated a need for a quick response to pending State or Federal legislation, and WHEREAS, the attached Legislative Policy Guidelines were developed as policy perimeters, to serve as broad bound- aries in evaluating the City's position with regard to pending legislation and provide a quick and effective position of the City when an important bill is introduced; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the Legislative Policy Guidelines developed by the staff as policy perimeters, withregard to the City's position in pending legislation is hereby adopted. PASSED AND ADOPTED this 24th day of February, 1981. MAYOR ATTEST: 2/24/81 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL POLICY Subject: TISLATIVE POLICY GUIDELINES Page 1 of 16 ag pages PURPOSE These general legislative policy guidelines allow the City Manger's office to respond in a timely manner to administrative and legislative issues in Sacramento and Washington, D.C. POLICY XIII. ELEvrION I. ENERGY CONSERVATION AND DEVELOPMENT Page 2 II. ENVIRONMENTAL PROTECTION Page 3 III. FISCAL SUPPORT - HOME RULE Page 4 IV. GOVERNMENTAL PUBLIC LIABILITY Page 6 V. HOUSING AND COMMUNITY DEVELOPMENT Page 7 VI. LAND USE PLANNING Page 8 VII. LAW ENFORCEMENT AND CRIMINAL JUSTICE Page 9 VIII. PUBLIC EMPLOYER - EMPLOYEE RELATIONS Page 11 IX. RESOURCE CONSERVATION Page 12 X. TRANSPORTATION Page 13 XI. UNEMPLOYMENT COMPENSATION Page 14 XII. W KERS' Ca4PENSATICN Page 15 Page 16 Subject: unISLATIVE POLICY GUIDELINES Page 2 of 16 pages I. ENERGY CONSERVATION AND DEVELOPMENT POLICY A. It shall be the legislative policy of the Council to support: 1. Efforts to establish an energy policy which encourages both conservation and maximum production of energy from all sources. 2. Efforts which expand the cooperation among governmental entities and the private sector in developing alternative energy sources such as solar, geothermal, nuclear and fossil energy conversion. 3. Efforts to educate the public in ways to conserve existing energy sources through the establishment of economical efficiency and utilization standards which do not pass any unrPAgonable costs to the consumer. 4. Efforts which require that state or federally mandated progzams to establish energy efficiency and utilization standards, or which require modification of existing City structures, receive full funding. Subject: TErlISIATIVE POLICY GUIDELINES Page 3 of 16 pages II. ENVIRQ+A2f',iTAL PROTECTION POLICY A. It shall be the legislative policy of the Council to support: 1. Efforts allowing that master EIR's be prepared for general plans and cQmlunity plans in order that such EIR's can be used to expedite the evaluation and processing of project EIR's without unnecessary procedural delay. 2. Efforts to establish the Air Pollution Control Board as the sole lead agency for the Air Management Process (implementation of the Regional Air Qiality Strategy), where affected cities are provided a veto opportunity through weighted vote Formula. 3. Efforts to simplify CEQA. Subject: LEGISLATIVE POLICY GUIDELINES Page 4 of 16 Pages III. FISCAL SUPPORT - HOME RULE POLICY A. It shall be the legislative policy of the Council to support: 1. Efforts to fully reimburse local agencies for state or federal - mandated costs resulting from legislation, administrative regula- tions, judicial or executive decisions imposing increased services or enforcement programs that would otherwise require to al govern- ment to add or increase charges/fees for the new or increased level of service. 2. Efforts which permit retention and control by local govern- ments of a greater portion of the u'venue generated by federal, state and local taxes rather than having those revenues returned with restrictions through subventions from federal and state government. 3. Efforts to form a State Revenue Sharing Program for local agencies that does not increase the overall combined state and local tax burden. 4. The enactment by the United States Congress of a federal SB 90 through the coordinated efforts with the League of California Cities, National League of Cities, and the United States Confer- ence of Mayors. 5. Efforts to increase the local government share of the State Sales and Use Tax. 6. Legislation which enables the City to retain maximum flexibility in its administration of Article XIII B (the Gann Initiative). Apprapriate responsibility and authority must rest with local governments to implement Article XIII B at least cost while adhering to the spirit of its provisions. Changes required in accounting and budgetary practices should not conflict with established procedures which are based upon sound management principles. 7. State funding of 9-1-1 emergency dialing systems which do not exceed the basic system with selective routing. 8. Efforts to require State reimbursement for City expenditures in compliance with CAL -OSHA standards which are unique to California or which exceed Federal OSHA standards. 9. Legislation that requires City taxpayers to pay only their fair tax share of County services costs. Subject: LEGISLATIVE POLICY GUIDELINES Page 5 of 1.6 pages III. FISCAL SUPPORT - HOME RULE POLICY (continued) 10. Efforts to balance the Federal budget. 11. Efforts to provide local government with fiscal assistance to offset revenue losses during periods of national economic decline based on employment or other locally appropriate triggering factors. 12. Efforts to continue and expand the types of municipal investment - grade revenue bonds which may be underwritten by commercial banks. 13. Efforts to continue General Revenue Sharing by supporting legisla- tion which would include: (1) continuation of general purpose local governments as the principal eligible participants; (2) annual increases in funding for local governments to help compensate for inflation; (3) recognition of the inseparability of state and local fiscal affairs and the support for state participation in general revenue sharing; (4) authorization of the program on a multi -year, entitlement basis to insure continuity and dependability of funding. B. It shall be the legislative policy of the Council to oppose: 1. Efforts to dimish lrra7 autonomy or the hone rule authority to govern municipal affairs. eject: r.FT;ISLATIVE POLICY GUIDELINES Page 6 of 16 pages 1V. GOIERMENTAL PUBLIC LIABILITY POLICY A. It shall be the legislative policy of the Council to support: 1. Efforts to reinforce public entity design and discretionary act immunity. unity. 2. Efforts to abolish lump -sum awards for damages and to substi- tute installment payments projected over the plaintiff's life span, to cease at time of death. 3. Efforts to develop statutory provisions calling for the reimbursement of all public entity defense costs and ex- penditures incurred in the defense of frivolous and spurious claims and lawsuits. 4. Efforts to change the legal principal of "joint and several liability" to protect, ensure and otherwise provide that the City will not be a "deep pocket" liability target. B. It shall be the legislative policy of the Council to oppose: 1. Efforts to further erode governmental tort immunity. ty. 2. Efforts to remove or weaken any statutory time limits as to the filing and serving of claims and lawsuits. 3. Efforts to open public entities to liability for punitive or exemplary damages. Subject: unISLATIVE POLICY GUIDELINES Page 7 of 16 pages V. HOUSING, ECCNQMIC AND COMMUNITY DEVELOPMENT POLICY A. It shall be thelegislative policy of the Council to support: 1. Efforts to develop federal and state participation and finan- cial support for creative programs to provide adequate housing for the elderly, handicapped, and low/moderate inane persons throughout the community, including ptuyrams which would re- duce construction and mortgage loan interest rates. 2. Efforts to maintain and create tax incentives for private re- vitalization of existing commercial, industrial and housing resources where such assistance produces net tax benefits to the City. 3. Efforts to explore the use of property tax and other state and federal tax incentives for construction, ownership, improvement and/or maintenance of buildings and structures and as an additional tool for the promotion of redevelopment projects. 4. Efforts to authorize and enable tax increment financing for redevelopment projects utilizing sales and use tax revenues. B. It shall be the legislative policy of the Council to oppose: 1. Efforts which diminish the housing and community development authority of local elected officials. 2. Efforts which grant the state or federal government approval or veto authority in the implementation of local redevelopment and rehabilitation projects, particularly with respect to the use of tax increment financing by local agencies. Subject: LEGISLATIVE POLICY GUIDELINE'S Page 8 of 16 pages VI. LAND USE PLANNING POLICY A. it shall be the legislative policy of the Council to support: 1. Efforts to strengthen the legal and fiscal capability of local agencies for implementing plans, including, but not limited to, the regulatory authority over zoning, subdivisions, and annexation. 2. Efforts to clearly define the state's and federal government's role and authority in land use matters as restricted to those having a clear state-wide or national significance; recognizing that such state or federal authority should not preempt authority presently granted to cities. 3 _ Efforts to expand local agencies' authority to require land dedications and/or in -lieu fee payments for the site acquisition, construction or maintenance of public facilities as conditions precedent to the approval of tentative subdivision maps. 4. Efforts to amend the California Coastal Act of 1976 that increase the land use planning authority of cities and counties in the 1n-1 rnaGtal program process, and that streamline the certifica- tion process in terms of timing and documentation. 5. Efforts to remove the present Coastal Commission authority to z.yulate low and moderate incase housing through "inrlusionary zoning." Responsibility should remain with local agencies via local housing elements developed from advisory guidelines prepared by the Department of Housing and Community Development. 6. To abolish all plan and permit authority of the State Coastal Commission. 7. Repeal of the N.C. "coastal zone." B. It shall be legislative policy of the Council to oppose: 1. Piecenealing amendments to the California Coastal Act of 1976 which would alter the Coastal Zone boundry in National City. • Subject: LEGISLATIVE POLICY GUIDELINES Page 9 of 16 pages VII. LAW ENFORCEMENT AND CR1AINAL JUSTICE POLICY A. It shall be the legislative policy of the Council to support: 1. Efforts that strengthen present state or federal laws against prostitution and gives 1cY-A1 governments the power to further restrict or regulate prostitution. 2. Efforts to upgrade the training, education and professionalism of police officers. 3. Efforts to improve entry level standards of police officer applicants and local authority to screen applicants, including but not limited to, psychological testing and polygraphs tests. 4. Efforts that provide funding for research and development and/or implementation of innovative approaches to law enforcement with as much local discretion in the use of the funding as possible. 5. Efforts that encourage and/or provide for the better treatment of victims/witnesses of crimes and/or encourages victims/witnesses of crime to participate willingly in the criminal justice system. 6. Efforts that recognize and protect constitutional safeguards. 7. Efforts to impose additional penalties upon persons committing crimes involving brlily injury against the elderly, handicapped or children. 8. Efforts to strengthen. California's obscenity laws. 9. State and/crr federal efforts to assist local law enforcement agencies in investigating and solving sex -oriented crimes and murders of children. 10. Efforts to prohibit the use of. children in sexually explicit materials. 11. State and federal constitutional amendments and federal legis- lation under Section 5 of the Fourteenth Amendment that would provide for -the admissibility in any trial of any evidence ob- tained as a result of an unlawful or unconstitutional search or seizure. 12. Efforts to authorize and establish local entitlement funding under the Justice System Improvement Act of 1979 (LEAA). 13. Efforts to facilitate the prosecution of driving under the influence rAges and to increase the penalties for such offenses. 14. Efforts to impose additional penalties upon persons committing crimes while armed with a dangerous or de d1y weapon such as the "Use A Gun, Go To Jail Law". Subject: T.ESISIATIVE POLICY GUIDELINES Page 10 of 16 pages VII. LAW ENFORCEMENT AND CRIMINAL JUSTICE POLICY (continued) B. It shall be .the legislative policy of the Council to oppose: 1. Efforts which broaden access to those law enforcement records, including intelligence files, which are presently privileged and confidential, subject to the public's need to know. 2. Efforts that impose upon legally conducted law enforcement activities unnecessary restrictions which exceed constitutional safeguards. Subject: TFfISIATIVE POLICY GUIDELINES Page 11 of 1.6 pages VIII: PUBLIC EMPLOYER - EMPLONTP RELATIONS POLICY A. It shall be the legislative policy of the Council to support. 1. Efforts to protect the rights of cities to establish conditions of employment, including hours, wages, employee benefits, the meet and confer process, appeal procedures, and management rights: B. It shall be the legislative policy of the Council to oppose: 1. Efforts to dimini:sh any rights now reserved to cities. 2. Efforts which provide the expressed right of public employees to "strike". 3. Efforts to establish a state-wide agency or board to administer employer -employee relations, compulsory and binding arbitration procedures, and any delegation of authority to a third party who is not accountable to the local electorate. 4. Efforts to include peace officers in an employee bargaining unit composed of non-rar.e officer personnel. 5. Efforts to permit "agency shop" arrangements which require em- ployee organization membership and fees as conditions of employment. Subject: LEGISLATIVE POLICY GUIDELINES Page 12 of 16 pages LX. RESOURCE CONSERVATION POLICY A. It shall be the legislative policy of the Council to support: 1. Efforts to authorize and the Peripheral Canal in northern California and establish a workable and affordable water manage- ment system which assures protection to agriculture and the water systans of the Delta and Central Valley regions, as well as guaranteed water delivery to the San Diego region. Subject: rR,ISLATIVE POLICY GUIDELINES Page 13 of 16 pages X. TRANSPORTATION POLICY A. It shall be the legislative policy of the Council to support: 1. Efforts to maximize California's ability to qualify for and receive federal funding for transportation projects and related purposes. 2. Efforts to increase the amount of funding available to the City for maintaining and/or improving our transportation system and support efforts to expedite the availability of existing finds for state construction of the adopted freeway system with emphasis on Routes 252 and 54. 3. Efforts to increase highway user fees, including an increase in the state gasoline tax, proportionate with inflation for the purpose of improved street and highway maintenance and constructi 4. Efforts to maximize locAl governments' discretionary authority to expend available transportation monies, and to reduce state review requirements of projects that are predominately of re- gional or local significance. 5. Efforts to provide funding that would complete the missing links of the primary (Fla)), interstate (FAI) and urban (FAU) highway systems with emphasis on 252 and 54. 6. Efforts to allow the exchange of FAU funds with State Gas Tax Funds. 7. Efforts to support a regional "fare bus recovery" formula. 8. Efforts to allocate Transit Develorment (TDA). funds according to share of local Sales Tax collection. 9. Construction of 2nd Border Crossing. B. It shall be the legislative policy of the Council to oppose: 1. MTED's use of local bus money to pay for trolleys. eject: LF ISLATIVE POLICY GUIDELINES Page 14 of 16 pages XI. UNEMPLOYMENT CQHPENSATION POLICY A. It shall be the legislative policy of the Council to support: 1. Efforts that "tighten" the system to prevent abuse. 2. Efforts that give the City more direct control over the admini- stration of the program. 3. Efforts to finance this program from state and federal resources. B. It shall be the legislative policy of the Council to oppose: 1. Efforts that increase City liability, both fiscally and admini- stratively. Subject: LEGISLATIVE POLICY GUIDELINES Page 15 of 16 pages XII. WORKERS' CQAPENSATION POLICY A. 'It shall be the legislative policy of the Council to support: 1. Efforts to amend the Workers' Compensation Law so that disputes will be resolved with equity and fairness to the employee and employer. 2. Efforts to fully reimburse local governments for mandated cost increases or cost of living adjustments. B. It shall be the legislative policy of the Council to oppose: 1. Efforts to increase the City's liability base for Workers' Compensation. 2. Efforts to impose state controls and regulation over self - insured local governments such as the City of National City. 3. Efforts to circumvent workers' compensation laws regarding damage suits for industrial accidents through the contention that a self -insured agency has a dual capacity as an employer and an insurance carrier. Subject: TP1ISLATIVE POLICY GUIDELINES Page 16 of 16 ag pages XIII EEZTIONS B. It shall be the legislative policy of the Council to oppose: 1. Additional multi-lingual requiranents for the conduct of elections. 2. Election of members of the City Council by district. 3. Lowering of requirements for qualifying recall, initiative and referendum petitions.