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HomeMy WebLinkAboutCC Policy No. 301 - Legislative and Judicial Platform 2025 Amended October 1 2024CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 1, 2024 ADOPTED: February 24, 1981 POLICY #301 TITLE: Legislative and Judicial Platform Purpose To establish guidelines which allow staff to respond to proposed legislation and pending litigation quickly and effectively and to serve as broad statement of City policy on a variety of public issues. Policy The City Council shall adopt a legislative and judicial platform and annual legislative priorities, developed by staff as policy parameters in order to respond to proposed legislation and pending litigation quickly. The direction provided in the legislative and judicial platform will encompass principles fundamental to the needs of the City. This platform shall be updated and revised by the City Council as necessary. In addition, the City Council shall adopt legislative priorities annually. These City Council endorsed legislative priorities may address specific and pending regional, state, and federal policy issues for the City of National City. Generally, the legislative priorities document shall include only those items of a direct and substantial impact on municipal operations. The City will work with local legislators, as appropriate, in advancing the City's adopted legislative platform. The City of National City Legislative Platform and Priorities Policy formally establishes the City's position on pending legislative matters. With this policy guidance, the City Manager's Office shall advocate for and against legislative matters as appropriate without waiting for Council approval. The method of communication and level of engagement will be determined by the City Manager's Office based on the City Council priorities, legislative climate, and urgency of the legislative proposal. The City Council will be provided with legislative updates and copies of correspondence sent on behalf of the City. Similarly, the platform and priorities allow City staff to provide input into the judicial system, such as by adding the City's name to amicus curiae briefs, by corresponding with appellate courts, or by supporting efforts of the Cal Cities Legal Advocacy Committee, without waiting for Council approval. Written correspondence to the appellate courts or requests to participate in amicus curiae briefs will be signed by the City Attorney or designee, with a copy to the City Council. Council approval is required on those issues which do not fall within the parameters of the legislative and judicial platform or legislative priorities, unless scheduling an approval is not possible due to (a) the emergency nature of the legislation or litigation, or (b) the necessity of City action which prevents such scheduling in a timely manner. In such cases, the City Manager shall determine the appropriate course of action as to legislative matters, after considering the recommendation of the Department Director. The City Attorney shall make such determinations on litigation issues. For the purpose of the Legislative Platform, the term “City” includes the City of National City, Community Development Commission – Housing Authority, Successor Agency to the Community Development CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 1, 2024 ADOPTED: February 24, 1981 POLICY #301 TITLE: Legislative and Judicial Platform Commission (“Successor Agency”), the Parking Authority, and Joint Powers Financing Authority. Timeline The City Council shall periodically update the legislative and judicial platform as needed. The City Council shall annually adopt legislative priorities. On or before November 15th, the City Manager shall submit legislative policy recommendations to the City Council for review. On or before the final City Council Meeting in December, the City Council shall formally adopt the annual Legislative P riori ties. On or before April 1st, the City Manager's O ffice shall compile items to be submitted for inclusion in the state and/or federal budget. The priorities and timelines may be amended by the City Council from time to time when action on a matter appears to be of sufficient urgency that it would not be in the City’s best interest to wait until the next legislative year. Related Policy References February 24, 1981 – (Resolution No. 13,516) Adopting Legislative Policy Guidelines Prior Policy Amendments: November 12, 1991 (Resolution No. 91-228) December 16, 2008 (Resolution No. 2008-271) December 10, 2013 (Resolution No. 2013-189) October 17, 2023 (Resolution No. 2023-149) October 2, 2024 (Resolution No. 2024-116) CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 1, 2024 ADOPTED: February 24, 1981 POLICY #301 TITLE: Legislative and Judicial Platform 2025 CITY OF NATIONAL CITY LEGISLATIVE AND JUDICIAL PLATFORM AND CORE PRIORITIES _________________________________________________________________________ The National City Council urges the Legislature to: • Preserve and enhance the City's ability to deliver quality and cost-effective services to National City's residents and visitors. • Preserve and enhance the City Council's ability to serve National City residents by retaining local decision-making authority and maintaining state legislative and voter commitments for revenue resources. __________________________________________________________________ LEGISLATIVE PLATFORM CORE LEGISLATIVE PRIORITIES The following core legislative priorities highlight issues that could significantly affect National City and legislative advocacy efforts which will be focused in these priority areas. HOME RULE I FISCAL SUSTAINABILITY Home Rule and Local Control The City believes strongly in the principles of home rule authority and local control and its ability to increase the effectiveness and efficiency of local government services. The City encourages the Legislature to respect and support home rule and opposes legislation that attempts to weaken municipal home rule authority and flexibility. The City supports efforts that reflect a positive, collective, and cohesive approach to regional solutions, as long as local control is maintained. Fiscal Sustainability The City supports the retention of local taxing authority, the maintenance of fiscally balanced revenue sources, and measures that would provide fiscal independence to cities. The City supports the full disbursement levels of existing revenue streams and directed funding sources including sales tax, property tax, and transient occupancy tax (TOT) and vehicle in-lieu fees. The City opposes diversions and reallocations of all funds by the Legislature in a manner that would negatively affect local government. CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 1, 2024 ADOPTED: February 24, 1981 POLICY #301 TITLE: Legislative and Judicial Platform The City opposes unfunded mandates placed on local jurisdictions, and encourages the Legislature to evaluate the fiscal impact such mandates will have on communities prior to considering the issue. The City opposes any efforts to increase reporting requirements related to locally raised revenues. INFRASTRUCTURE The City supports the retention of infrastructure funding and bonding for street projects, housing, infill infrastructure projects and parks. The City recognizes that funding for these key project areas will help to spur economic activity in National City. The City supports efforts to provide more flexibility in raising revenue for necessary infrastructure projects. The City supports federal and state economic stimulus initiatives that provide the necessary resources and funds to invest in necessary infrastructure projects to improve the transfer of goods and services throughout the region, create jobs, and encourage economic development. TRANSPORTATION The City believes the movement of goods and people is vital to continued economic success and to the maintenance of a high quality of life. In order to preserve these, the City encourages the Legislature to invest in the maintenance and expansion of the State's multi- modal transportation network. The City supports regional coordination in transportation planning but opposes efforts that limit local control in the transportation decision-making process. The City supports measures to finance local and regional multi-modal transportation improvements and to enhance transportation funding equity. The City opposes proposals that would adversely affect the quality of National City and the San Diego region. Furthermore, the City Council supports efforts that grant cities the additional ability to provide for transportation improvements. CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 1, 2024 ADOPTED: February 24, 1981 POLICY #301 TITLE: Legislative and Judicial Platform PORT-RELATED LEGISLATION The City and the Port of San Diego have worked cooperatively to address the disparity that has long existed between the regional benefits of the Port and the unique local impacts of the Port on the City and its residents. The City is committed to pursuing public policy that would achieve the balance necessary between the Port, the Working Waterfront, and National City consistent with the following six principles agreed upon by the parties: 1. Protection of Maritime Uses; 2. Enhancement of the Working Waterfront; 3. Environmental Compliance; 4. Public and/or Visitor Serving Amenities; 5. Financial Benefits to the Port and National City; and 6. Public Participation within National City. Generally, the City is supportive of any legislative measures that are consistent with the policies and intent of one or more of the foregoing principles. Further, the City Council supports efforts that grant Port communities the ability to fully address the economic and environmental impacts directly and indirectly attributed to the Port. National City is also supportive of public policy that provides financial incentives to Port communities for the preservation and expansion of maritime activities within its jurisdiction. ENERGY CONSERVATION & ENVIRONMENTAL PROTECTION The City recognizes the importance of working cooperatively with other governmental and private sector entities to implement and manage efficient, cost-effective, and sound environmental programs and services that secure clean air, water , and land. The City supports appropriate legislation and regulation that promotes pollution prevention, supports energy conservation efforts and encourages green development without imposing unfunded mandates. The City opposes efforts that place a severe financial burden on municipalities. LAND USE PLANNING The City supports maintaining local authority in land use planning issues and supports legislative efforts that promote more orderly growth and oppose efforts that impede growth management, including the preservation of local authority to set land use policies. CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 1, 2024 ADOPTED: February 24, 1981 POLICY #301 TITLE: Legislative and Judicial Platform The City supports efforts to assist local governments in implementing sustainable development practices. The City opposes legislation that would restrict a City’s ability to redevelop Under-performing areas. ECONOMIC DEVELOPMENT The City supports efforts to enhance the range of economic development mechanisms at a City’s disposal that would strengthen the abilities of local agencies to prepare for and implement growth, job creation, workforce development, redevelopment, conservation, and beautification projects. The City opposes any attempt to limit local control over, or ability to execute economic development projects including through the diversion of redevelopment funding. The City opposes any state or federal proposals that reduce economic investment opportunities at the local level. This includes reductions and restrictions to block grants and housing subsidies. HOUSING The City recognizes the importance of housing for all income levels as critical to the balanced and healthy growth of the City and its communities. The City supports affordable housing efforts as a key component to workforce recruitment and retention. This includes support for federal and state participation and financial support of programs to provide adequate housing for the elderly, disabled, homeless, and low-income persons throughout the community. The City supports efforts to establish a permanent funding source for the development rehabilitation and preservation of affordable housing. Advocate for efforts to review and reduce state mandated regulations on housing development. CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 1, 2024 ADOPTED: February 24, 1981 POLICY #301 TITLE: Legislative and Judicial Platform GOVERNMENTAL PUBLIC LIABILITY POLICY The City supports efforts to reinforce public entity design and discretionary act immunity. The City supports efforts to abolish lump-sum awards for damages and to substitute installment payments projected over the plaintiff’s life span, to cease at time of death. The City supports efforts to develop statutory provisions calling for the reimbursement of all public entity defense costs and expenditures incurred in the defense of frivolous and spurious claims and lawsuits. The City supports efforts to change the legal principal of "joint and several liability" to protect, ensure, and otherwise provide that the City will not be a target for unmeritorious lawsuits based on the City’s more advantageous financial position, whether real or perceived, than that of the true tortfeasor . The City opposes efforts to further erode governmental tort immunity. The City opposes any efforts to remove or weaken any statutory time limits as to the filing and serving of claims and lawsuits as well as any efforts to open public entities to liability for punitive or exemplary damages. The City opposes any efforts to expand situations in which public entities may be liable to pay for litigants' attorneys' fees or other litigation expenses. LABOR RELATIONS AND BENEFITS The City supports efforts that provide the City with necessary resources and authority to establish appropriate working conditions and benefits to its employees. This includes preserving and enhancing equal employment opportunities for all people seeking employment and opposing efforts that remove the local decision-making authority in employee issues. The City is supportive of efforts that result in improved public and private sector labor management relations and opposes efforts that impose state mandates. The City supports efforts to prevent abuses within the compensation system, which in turn result in increased costs to the City. CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 1, 2024 ADOPTED: February 24, 1981 POLICY #301 TITLE: Legislative and Judicial Platform The City opposes efforts that would increase the City’s liability for unemployment compensation and retirement pensions. The City opposes efforts that would increase employee Workers’ Compensation benefits without system reforms to offset increased employer costs, and that would provide presumptive eligibility for the award of Workers’ Compensation. PUBLIC SAFETY AND EMERGENCY SERVICES The City supports initiatives to preserve and enhance the ability of local governments to strategically plan for and respond to emergencies and efforts to ensure that the greatest level of public safety and emergency services are provided to the community without creating an unfunded mandate. The City supports the retention of revenue streams for funding public safety employee disaster preparedness, crime prevention, fire prevention and suppression, emergency medical services, and public safety training. The City supports efforts to provide the City with additional resources such as behavioral health clinicians and homeless outreach referral services to assist those in need of assistance and to direct them to the appropriate services. The City opposed efforts that would impede local law enforcement from addressing crime problems and recovering costs resulting from a crime committed by a guilty party. The City supports efforts that strengthen local law enforcement, including: prevention of driving under the influence of drugs or alcohol; effective abatement of illegal land uses and illegal businesses; the sharing of criminal history information between states; registration of sex offenders; reducing access to firearms by the mentally ill; and providing tools and resources to address community challenges such as domestic violence, gangs, and human trafficking. The City supports efforts statewide requiring persons convicted of certain specified crimes to annually register as a sex-offender, as specified, for a term of 1-, 20 or 30 years. The City supports SB 1414 and efforts statewide that strengthen local law enforcement against those who attempt, or are convicted of violation towards solicitation of minor’s including prostitution, human trafficking and pornography. The City supports SB 2 de-certification of officers under specified conditions, including those officers convicted of any felonies and those with a history of egregious misconduct, contingent CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 1, 2024 ADOPTED: February 24, 1981 POLICY #301 TITLE: Legislative and Judicial Platform that an impartial authority outside of the employing agency is utilized and officers are afforded due process. The City supports statewide and federal tracking of information related to officers that resign in lieu of discipline or termination, or those with multiple sustained complaints and violations. The City supports mandated and regular implicit and racial bias training for all law enforcement, and de-escalation training that focuses on alternatives to deadly force. The City supports efforts that increase county, state and federal funding for local law enforcement, fire suppression, wildfire prevention, hazardous materials mitigation, and emergency medical services. The City supports efforts that promote national fire code development using an open, consensus-based process. The City supports efforts to create a funding mechanism for a regional fire department in San Diego County that does not diminish the ability of cities to provide essential services and mechanisms that increase reimbursement funding for Medicare and Medi-Cal programs. The City supports innovative health and safety efforts that improve access to primary and preventive care and decrease use of emergency departments, including expanded mental health services. TELECOMMUNICATIONS The City supports efforts that ensure consumer access to telecommunications services in an efficient and cost-effective manner while retaining local government's authority. This includes retaining local government's ability to negotiate franchise agreements, regulate the use of public rights-of-way, and collect appropriate revenues in order to maximize benefits to the consumer. WATER MANAGEMENT The City supports efforts to increase the water supply or improve water quality within the region and efforts that encourage voluntary water conservation.