REPORT TO COUNCIL
SUBJECT
Title
Action on 2022 Legislative Advocacy Positions
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On October 9, 2018, Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy (Attachment 1). The purpose of the LAP Policy is to establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, State, and federal levels of government and to provide guidance for City officials who serve on regional, State, and national boards, committees, and commissions when they are asked to review public policy matters and issues. The LAP Policy requires Council to adopt or update the LAPs at the beginning of the calendar year to identify specific legislative priorities outside of the legislative guiding principles listed below:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara
• Protect local revenue sources and prevent unfunded mandates
• Protect and/or increase funding for specific programs and services
• Protect and/or increase local government discretion
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan
Staff is presenting 10 2022 LAPs for the Council’s consideration. If approved, staff and the City’s legislative consultant, Townsend Public Affairs, LLC (Townsend), will use these LAPs to track, monitor and advocate for legislation that is consistent with the City’s outlined priorities and provide quarterly legislative updates to the Council on those efforts as required by the LAP Policy.
DISCUSSION
In late 2021 and January 2022, Townsend conducted legislative briefings with staff and Councilmembers to provide updates on current state and federal legislative activity and to identify legislative priorities for 2022. The proposed 2022 LAPs reflect staff and Councilmembers’ feedback and will provide guidance during a legislative year that is anticipated to be busy with policy changes and new opportunities for local government.
In Sacramento, 2022 marks the second of the two-year legislative session. Much of January was spent addressing legislation that was introduced, but not advanced in 2021. A few high-profile bills were considered as two-year bills, but most legislation that will be considered in 2022 will be new bill introductions. Members of the Legislature introduced 2,150 new bills for consideration in 2022. Below are issues that are areas of focus for the upcoming legislative session:
COVID-19 Legislation
The 2021 session produced a number of bills aimed at reducing the economic impacts of COVID on California’s most vulnerable residents and ensuring that essential functions of government could be held remotely. Of note was the passage of AB 361 (R. Rivas), which created criteria for state and local governing bodies to hold remote meetings under modified Brown Act standards. While the passage of Brown Act modification legislation was beneficial as local governments grappled with the need to social distance, its implementation was quick and is likely to need reform if applied to future emergencies. Other bills, such as AB 1944, were introduced and would allow modifications to the Brown Act beyond the state of emergency.
In addition to updates related to remote meetings legislation, there were a number of bills introduced related to the ongoing pandemic. This included legislation allowing or restricting personal belief exemptions, mandating vaccinations for unvaccinated individuals, and further legislation for COVID-related leave from work. Additionally, there is legislation on issues such as outdoor dining, modifications of liquor licenses to allow for to-go cocktails, and assistance for hard hit industries such as restaurants and live entertainment venues.
Public Safety
Following the death of George Floyd and the civil unrest that ensued, it became apparent early on that 2021 would be the year for the Legislature to prioritize public safety reform legislation. The session produced a reform package that included changes to police immunity standards and a de-certification process, the release of records related to officers engaging in unreasonable or excessive force and creating a robust curriculum for young officers entering the police force.
There is still an appetite for a continued focus on public safety heading into 2022. In recent months, organized retail theft has dominated conversations related to public safety reform. In response to this, the Governor and the Attorney General unveiled a comprehensive public safety package that addresses organized retail theft, gun reform, and transnational drug trafficking.
With regard to upcoming gun safety measures, the Governor officially announced that he will be working with the Legislature in 2022 to limit the sale of assault weapons and “ghost guns” in the state. Additionally, the Legislature has introduced bills related to recent voter initiatives that modified thresholds for non-violent crimes, such as petty theft and shoplifting.
Housing and Land Use
Similar to public safety legislation, the Legislature in 2021 was dedicated to implementing top-down housing and land-use reform, with the passage of bills like SB 9 and SB 10 which may lead to increased development throughout the state. In addition, the Legislature passed bills like AB 215 (Chiu) which increases the enforcement authority within the Housing and Community Development Department (HCD) when it comes to pursuing legal action against local governments deemed noncompliant with their housing production goals.
This year, the Administration and Legislature will focus on the relationship between climate action and housing policy, meaning housing production and density that is both sustainable and reduces sprawl could overlap with areas of the state susceptible to natural disaster. This has materialized into bills that increase density, particularly around transit corridors.
In addition, bills similar to AB 1401 (Friedman), which did not survive the legislative process in 2021, are have reemerged under new bill numbers. AB 1401 would have prohibited public agencies from imposing or enforcing minimum parking requirements on developments near public transit.
State Budget
The state budget, and more specifically how to invest what is expected to be a sizeable budget surplus, will be a key issue for the first half of the legislative session. Governor Newsom introduced his January Budget proposal early last month, which contains a projected $45 billion budget surplus. The Governor’s budget proposal includes a total of $213 billion in proposed general fund spending focused on the areas of COVID response, climate adaptation, addressing the rising cost of living, reducing homelessness, and increasing public safety. Due to the economic uncertainty brought about by the Omicron variant, the Administration has proposed the bulk of their new proposals as one-time funding and has been hesitant to establish new ongoing programs.
The Legislature has begun to conduct budget hearings and will continue to do so over the next several months, where they will consider the Governor’s proposals and incorporate their own spending priorities. The Legislature will likely want to be more aggressive than the Administration when it comes to establishing new programs and fully utilizing the state’s budget surplus. However, no significant budget action is likely to occur until after the Governor issues his May Revise, as that is when the State will have a better understanding of the level of revenue that can be anticipated for the budget year.
The Council approved 12 LAPs in 2021, 10 of which have been updated to reflect current stances on key policy issues and prepare for the 2022 legislative session. In general, the LAPs have been reformatted to group Support, Oppose, and Monitor positions together. Additionally, the position statements within the 2021 School Mitigation Fees and Engagement with Federal Aviation Administration Regarding Airplane Noise LAPs have been consolidated into the proposed 2022 Housing and Regional Issues and Collaboration LAPs, respectively. Staff recommends that Council approve the proposed 2022 LAPs (Attachment 2) to provide staff and Townsend with direction on 2022 legislation.
The 2022 LAPs are summarized below:
Broadband, Cable Services, and Wireless Facilities (previously titled Local Authority over Wireless Telecommunications Facilities and Cable Services)
The wireless telecommunications industry has made efforts to limit or preempt local control over placement of wireless facilities and supporting structures in and outside the rights-of-way. Over the past several years, actions by federal and state lawmakers have resulted in the adoption of regulations and orders controlling local authority over placement of wireless facilities, including the adoption of “shot clocks” requiring local agencies to complete review of projects within a specified time period.
Additionally, through the Federal Communications Commission’s proposed rulemaking, there have been efforts in recent years to address whether local franchising authorities (LFAs) can regulate incumbent cable operators and cable television services. The City has its own government access channel (Santa Clara City Television on Comcast cable channel 15 and AT&T U-verse 99), which may be negatively impacted by such rulings and similar legislation and activities. Santa Clara City Television is used to provide important information to the public, such as live and recorded airings of Council meetings, City special events, programs, and public service announcements.
The 2021 version of this LAP contained the following positions:
• Support efforts to increase access to broadband, while ensuring the placement and installation of needed equipment does not undermine local permitting authority and does not pose an undue nuisance for residents, efforts to provide for local control of permitting wireless telecommunications and non-cable services facilities in the public-right-of-way, and legislation that provides opportunity for public input on the placement of wireless telecommunications facilities;
• Oppose efforts to limit the amount of time, or scope, of local review of the placement of wireless facilities; and
• Monitor legislation related to distributed energy generation via back-up power at wireless telecommunications facilities.
Recommended Updates: Staff recommends updating the title of this LAP to capture broadband issues and to remove a position to oppose federal or state efforts to preempt local authority of the placement of wireless telecommunication facilities so the City doesn’t lose its control to permit non-publicly owned infrastructure, and expanding one of the existing support broadband accessibility positions to include underserved urban communities.
COVID-19 Legislation
The City continues to closely monitor county, state and federal COVID-19 related orders and legislation to see how they apply to Santa Clara. City resources and personnel are working to continue to safely provide services and provide assistance to individuals and businesses that have been negatively impacted by the pandemic, complying with the requirements for social distancing and self-quarantining/isolating, and focusing on economic recovery.
The 2021 version of this LAP contained the following positions:
• Support efforts to provide direct relief funding to local jurisdictions, especially small and medium-sized cities, which can be utilized in response to the COVID-19 pandemic, including to offset lost revenue, temporary suspension of certain time-specific statutory and requirements, federal and state efforts to help mitigate the economic impacts from the coronavirus on the City’s businesses and residents, public health efforts to help mitigate the spread of COVID-19, efforts to assist small businesses, tenants, and landlords through eviction moratoriums, and other assistance programs during the pandemic, and efforts to establish protocols and provide funding that will allow schools to resume in-person instruction in a safe manner; and
• Oppose efforts to shift responsibility, to the City, of programs that have traditionally been carried out, or funded, by federal, state, or county governments.
Recommended Updates: Staff recommends updating this LAP to expand some of the existing positions to capture funding for reimbursement for local jurisdictions’ incurred costs and to include support for flexibility and public health efforts like encouraging residents to receive approved vaccinations.
Energy Legislation, Regulations and Issues
The City’s electric utility, Silicon Valley Power (SVP) has a mission to be a progressive, service-oriented utility, offering reliable, competitively priced services for the benefit of Santa Clara and its customers. Additionally, SVP has an adopted Strategic Plan that is intended to address the challenges facing the utility over a ten-year period. This LAP works to further the objectives outlined in the Strategic Plan, complements the other LAPs adopted by the City, and ensures that the City can provide safe, reliable, and affordable energy to ratepayers, while operating in an environmentally and fiscally conscious manner.
The 2021 version of this LAP contained the following positions:
• Support policies that will help ensure that transmission level Public Safety Power Shut-offs (PSPS) events do not unnecessarily burden local communities that are dependent on investor owned utility (IOU) transmission infrastructure, legislation that would provide local public agencies with financial resources to prepare for, and mitigate the impacts from, planned power outage events, efforts to align wildfire-related liability with fault, safeguarding public utility customers against exorbitant rate increases when their utility acts prudently, and transitioning from diesel backup generators to battery based generators;
• Monitor PG&E’s rate-making and regulatory activities to ensure it meets its obligations and agreements and advocate for changes that would mitigate adverse impacts to SVP and other publicly owned utilities (POUs), and development of new market initiatives from state and regional grid operators which may result in new energy-related products and changes to electric grid operations and advocate for changes that would benefit or protect SVP ratepayers;
• Monitor and participate with federal, state and local governments and stakeholders in the development of new regulations and advocate for changes that enhance system reliability and mitigate operational and ratepayer impacts; and
• Monitor and support transmission related activities focusing on enhancing the reliability and deliverability of clean energy resources and advocating for greater transparency and assurance that transmission access charges are allocated equitably between the various beneficiaries.
Recommended Updates: Staff recommends updating this LAP to move the position on transitioning from diesel generators to the proposed 2022 Sustainability and Environmental Protection LAP, where it has been broadened to capture other environmentally sustainable options.
Housing
The City is committed to being a leader at the local level in providing affordable housing, as well as making a fair share contribution to the overall need for housing production within Silicon Valley, and will continue to proactively take concrete steps to realize new housing production within the City. Santa Clara is also prepared to participate in broader regional efforts that are collaborative, recognize the unique characteristics of local jurisdictions, and provide opportunities for local representation. The City is monitoring potential measures imposed at the State or regional level that can reduce local control, recognizing that in some instances such measures can be necessary or helpful to advance common goals across multiple jurisdictions, but is also aware that such efforts may have unintended consequences, limited effectiveness, or create inequities due to a lack of accountability to localized circumstances.
The 2021 version of this LAP contained the following positions:
• Advocate for more state and federal resources (e.g., funding, legal authority, technical support, streamlining administrative processes) to address local housing needs;
• Support legislation and efforts that provide resources to address the needs of the most vulnerable residents through shelter, supportive housing, and homelessness prevention services, efforts to collaborate with County, local jurisdictions, business sector, non-profit and philanthropic partners to leverage available resources and bring in new funding streams to expand the reach of the supportive housing system, efforts to collaborate with the County, local jurisdictions, the business sector, efforts to preserve and strengthen the low-income housing tax credit program and federal exemptions for private activity bonds, legislation preserving and expanding, federal tax exemptions for state and local taxes and maintaining federal tax exemptions for mortgage interest payments on primary residences; legislation that provides local jurisdictions with authority over land use decisions and fully incorporates the involvement of local community members and an understanding of the conditions unique to the community, and efforts to streamline California Environmental Quality Act provisions to facilitate the production of affordable housing and reduce delays due to unmerited litigation; and
• Oppose measures that reduce local control and are punitive in nature; and efforts to reduce federal funding for federal entitlement programs that are used to promote affordable housing, rehabilitate substandard housing, build new park facilities, provide neighborhood improvements, and fund public services.
Recommended Updates: Staff recommends updating the LAP to include positions that were previously included in the 2021 School Mitigation Fees LAP, including a monitor position on legislation related to zoning and development of housing in Very High Fire Hazard Severity Zones, and expanding the existing oppose position on measures that reduce local control to make some clarifications.
Human Resources and Public Sector Employment
The City of Santa Clara provides a myriad of services to the community, including Police, Fire, Public Works, Electric Utility, Planning, Parks and Recreation, and Library Services. The City employs over 1,100 part-time/seasonal and full-time employees that provide these and other services to the community. These services provide opportunities and careers for all types of interests, and the City should endeavor to leverage the rewards and benefits that come with working for the City.
The 2021 version of this LAP contained the following positions:
• Support efforts to preserve local government’s ability to manage its own employment issues, working with City bargaining units in finding solutions to address the service delivery needs of the community while being mindful of the City’s revenue, expenditures, and recruitment and retention of the City’s workforce, efforts to increase the long-term financial stability of CalPERS, federal and state efforts to create a more informed, engaged, and welcoming experience for immigrants, comprehensive immigration reform which provides opportunities to achieve economic and educational success and contribute to our community, an increase in work visas allowing employers to hire foreign workers that require advanced technical skills, as well as support programs that stimulate the economy through job creation and capital investment by foreign investors, and efforts that protect children, including undocumented children, with the continuation of the Deferred Action for Childhood Arrivals (DACA) Program and the Dream Act; and
• Oppose new federal or state unfunded mandates that would increase the City’s post-employment obligations.
Recommended Updates: There are no substantial updates aside from reformatting this LAP.
Public Safety
As a City that is consistently named one of the safest cities in the country, Santa Clara is committed to promoting a living and working environment that allowed for the best quality of life. The City believes that crime prevention and enforcement efforts are integral to creating and maintaining a safe environment for residents and visitors. At the same time, the City recognizes that crime prevention and enforcement efforts alone cannot foster community safety and wellness; education, intervention and prevention efforts on various public safety topics, such as gun violence, gang activity, alcohol and tobacco use, driver and bicycle safety, and driving under the influence, are equally important.
As the State and region continues to experience civil unrest and an unprecedented number of natural and man-made disasters, the City recognizes the importance of a comprehensive risk management approach to emergency preparedness.
The 2021 version of this LAP contained the following positions:
• Support legislation that seeks to impose stricter gun violence laws and/or requires the safe storage of unattended firearms, legislation that toughens penalties for chronic criminals, efforts to reduce the list of who can seek early parole and re-classify some theft crimes from misdemeanors to felonies by reforming AB 109, Proposition 47, and Proposition 57, expansion on the number of crimes where DNA is collected, legislation that preserves or expands funding levels for public safety programs, services and equipment, legislation that addresses crime trends and attempts to curb illegal activity, efforts to test speed enforcement cameras and corresponding legislation, legislation that identifies new funding sources for fire and law enforcement agencies to promote public safety, wellness and employee training, legislation that recognizes the importance of developing a comprehensive risk management approach to emergency preparedness, fire prevention, fire suppression, and emergency medical services, legislation that provides funding for emergency preparedness, legislation that expands the implementation and testing of emergency alerts, legislation that will enhance public safety professionals’ ability to respond to all types of emergencies and communicate within and across jurisdictions, measures that aim to return revenue generated from the enforcement of crimes back to the originating agency to sustain their efforts, local regulation of Unmanned Aircraft Systems (UAV), legislation that aims to support individuals in crisis, comprehensive preparedness strategy to respond to civil unrest with input from emergency responders and allied stakeholders for local response, more funding for mental health and substance abuse, training of public safety to handle mental health issues, and background checks and training requirements for gun sales; and
• Oppose public safety legislation that imposes unfunded mandates on local agencies for new programs or increased service levels.
Recommended Updates: Staff recommends updating this LAP to include a position to support the inclusion of stipends, reimbursement and/or allocation associated with new legislation that increases data collection and reporting, broadening the support position for funding to include reimbursement of administrative costs associated with grant implementation, record keeping and reporting, including organized retail thefts as a crime trend that needs to be addressed, consolidating the support positions for background checks and training requirements for gun sales with an existing position concerning gun safety, and consolidating the support positions for training public safety to handle mental health issues with an existing support position for funding mental health and substance abuse.
Regional Issues and Collaboration
While the City of Santa Clara is unique in many ways, it experiences many of the same issues that other cities in the region experience. As described in other LAPs, the City works closely with other jurisdictions to address a variety of issues that impact residents and businesses in the San Francisco Bay Area, such as affordable housing, transportation, water conservation, and airplane noise. The City recognizes the importance of regional collaboration and participates in various regional organizations to not only advance the City’s goals but to contribute to regional work efforts.
The 2021 version of this LAP contained the following positions:
• Contribute to, and support the efforts of, regional organizations such as Santa Clara County Cities Association, Silicon Valley Economic Development Alliance, and the Santa Clara/Santa Cruz Airport Community Roundtable to advance regional goals;
• Support federal and state legislation to provide funding for regional solutions to problems, such as housing, homelessness, emergency response, water supply and resiliency, and transportation; and
• Monitor regional issues and new legislation to ensure that they benefit the region and its residents.
Recommended Updates: Staff recommends updating this LAP to include the positions that were previously included in the 2021 Engagement with the Federal Aviation Administration Regarding Airplane Noise LAP since airplane noise is a regional issue.
Sustainability and Environmental Protection (previously titled Sustainability and Environmental Legislation, Regulations and Issues)
The City of Santa Clara is committed to creating a sustainable city for its residents and businesses. The City strives to conduct its operations in a way that is environmentally conscious and promotes sustainability. The City is dedicated to collaborating with regional stakeholders to improve the air quality, water quality, and overall environmental quality of life for the residents and businesses of the City. Interest in sustainability and environmental issues, at both the State and federal levels, will likely result in new legislation and regulation changes that could significantly impact the City. Monitoring and advocacy efforts will be geared towards ensuring that emerging legislation and regulations align with the City’s interests in providing sustainable services to its residents and businesses.
The 2021 version of this LAP contained the following positions under many areas of interest:
• California Environmental Quality Act Reform: Support opportunities to further reform the California Environmental Quality Act process that support greater efficiency and transparency and alignment with objective environmental goals while protecting local land use authority.
• Clean Energy and Energy Conservation: Monitor legislation related to energy related issues including renewable energy, energy efficiency and conservation, resiliency, smart grid solutions, energy storage, distributed energy and transportation electrification; support California Energy Commission (CEC) and California Public Utilities Commission (CPUC) to accelerate building and transportation decarbonization in the 2022 Title 24 part 6 (CalGreen) code; advocate for goals and policies that remain technology agnostic and commercially available, and avoid policies that choose specific technologies or energy procurement mandates that can lead to increased customer costs while discouraging innovation, and legislation that removes barriers to the electrification of buildings and transportation and legislation that provides regulatory streamlining of reporting and other actions that also preserves local decision-making authority.
• Contaminants of Emerging Concern: Monitor legislation and water quality regulations related to contaminants of emerging concern.
• Green House Gas (GHG) Emission Reductions: Monitor legislation that may have a regional and local impact on greenhouse gas emissions and advocate for effective and equitable approaches to emission reduction; support a comprehensive approach to climate policy that optimizes GHG reductions across multiple sectors; and advocate for the flexibility to optimize the portfolio of GHG emission reduction opportunities identified in the City’s Climate Action Plan.
• Per- and Poly-fluoroalkyl Substances (PFASs): Monitor research and regulations on PFASs and their impacts on the environment, drinking water, and firefighting foam.
• Prohibition of Oil Drilling off the California Coast: Oppose federal or state efforts to permit additional oil drilling off the California coast.
• Recycling and Solid Waste Diversion: Monitor legislation and regulatory efforts related to recycling and solid waste and advocate for legislation and regulations that enable mixed waste processing and composting to remain viable pathways for waste compliance.
• Sanitary Sewer Overflows (SSOs): Support legislation and regulatory efforts that aid the City’s Pretreatment Program, Fats, Oils & Grease (FOG) Inspection Program, and Operations and Maintenance of the sanitary sewer collections system.
• South Bay Salt Ponds Restoration Project: Track the progress of the South Bay Salt Ponds Restoration Project and its proximity and potential impacts to the Regional Wastewater Facility.
• South San Francisco Bay Shoreline Study: Track the progress of the South Bay Shoreline Study and support associated regional resiliency planning efforts to ensure that Santa Clara’s infrastructure and community assets are considered and protected.
• Storm Drains: Support urban runoff pollution regulations, water conservation and recycling, and pollution controls that benefit the City.
• Vegetation and Forest Management: Support legislation, regulations, and funding to strengthen forest management and fire prevention activities and improve emergency preparedness and response.
• Wastewater Regulation: Monitor legislation and regulations related to the National Pollutant Discharge Elimination System and the San Jose/Santa Clara Regional Wastewater Facility (RWF) and support efforts that are attainable and reflect local conditions and circumstances.
• Water Sustainability: Work with regional partners to maintain the reliability of the water supply and water sustainability to support current customers and to allow for expected growth in the near future and beyond.
• Work from Home Policies: Support Work from Home Policies.
Recommended Updates: Staff recommends updating the LAP title to reflect the environmental protections that the positions are trying to achieve and including/updating the following positions under the respective area of interest:
• Clean Energy and Energy Conservation: Include “Support transitioning from diesel backup generators to battery-based or other environmentally sustainable backup generators technology as appropriate” position, which was previously included in the 2021 Energy Legislation, Regulations and Issues LAP and has been broadened to capture other sustainable options; and expand the support position for CEC and CPUC to include consideration of cost effectiveness studies.
• Green House Gas (GHG) Emission Reductions: Include “Support legislation that provides residents and businesses with incentives for undertaking decarbonization activities, such as replacing aging heat pumps, hot water heaters, and appliances.”
• Per- and Poly-fluoroalkyl Substances (PFASs): Expand existing position to include support funding for treatment.
• Recycling and Solid Waste Diversion: Include “Support efforts to streamline permitting and construction of compost and other facilities that enable jurisdictions to comply with SB 1383 and efforts to broaden procurement requirements for local jurisdiction to comply with SB 1383.”
• South Bay Salt Ponds Restoration Project: Expand to include support for regional planning and funding efforts.
• South San Francisco Bay Shoreline Study: Expand to include support for funding efforts.
• Storm Drains: Include “Support legislation and regulatory efforts that enable the City to collect fees to support the storm drain collection system.”
• Vegetation and Forest Management: Consolidate existing position statements on mitigating wildfires.
• Wastewater Regulation: Expand to include oppose statement to non-sustainable and effects that don’t reflect local conditions and circumstances.
• Water Sustainability: Include “Support legislation and funding related to recycled water state, regional, and local efforts to reduce imported water supplies and supplant the use of potable water and preserve local groundwater supplies.”
• Telework Policies: Update existing position to reflect equitable language and its sustainability goal.
Staff also recommends moving the following positions to other LAPs that more appropriately reflect the issues:
• “Monitor legislation related to vehicle miles traveled, in lieu of level of service, in relation to transportation impacts of projects” to the 2022 Transportation Issues LAP, where it has been broadened to capture recent legislation on speed limits.
• “Work with regional partners to maintain the reliability of the water supply and water sustainability to support current customers and to allow for expected growth in the near future and beyond.” to the 2022 Water Supply and Conservation LAP.
Transportation Issues (previously titled Regional Transportation Issues)
The City works with the federal government, state government, and regional stakeholders to ensure that residents and businesses have access to traditional modes of transportation and promote alternative modes that would alleviate traffic congestion and pollution. Additionally, it is important for the City’s transportation network to continue to evolve to best serve the future needs of the community.
The 2021 version of this LAP contained the following positions:
• Support legislative, regulatory, and regional efforts to reduce the amount of traffic congestion on area freeways and County expressways, legislation that provide funding for diverse transportation projects, such as local streets and roads improvements, public transit, bicycle and pedestrian projects, intelligent transportation system improvements, corridor capacity improvements, and highway interchange improvements, efforts to ensure accountability and fairness during the implementation of regional transportation ballot measures, and regional efforts that will alleviate traffic congestion and promote alternative modes of transportation that benefit Santa Clara residents and businesses and that support the City’s commitment to environmental sustainability;
• Oppose efforts to reduce local government access to SB 1 local streets and roads funding; and
• Monitor efforts to place regional transportation funding measures on the ballot for consideration by voters.
Recommended Updates: Staff recommends updating the LAP title to capture all transportation issues, rather than those that previously focused on the region, and updating this LAP to include the following positions:
• “Monitor legislation related to local operations and regulation of municipal roadways, shared mobility permitting/operation in municipalities, and how municipalities study traffic congestion or vehicle miles traveled to measure transportation impacts of projects” (Note, a less expansive form of this position was previously included in the 2021 Sustainability and Environmental Legislation, Regulations and Issues LAP); and
• “Oppose efforts to reduce the City’s representation on regional transportation planning agencies.”
Additionally, staff recommends including “railroad crossing improvements” as an area to support funding for; and removing a “Promote incentives to work from home” position, which is already reflected in the proposed 2022 Sustainability and Environmental Protections LAP.
Water Supply and Conservation (previously titled Regional and State-wide Water Supply and Conservation)
The City of Santa Clara operates 26 wells that tap the underground aquifers and make up about 62% of the City's potable water supply. The underground aquifers are replenished from local reservoirs by the Santa Clara Valley Water District (SCVWD) water recharge program. The remaining water is supplied by water imported from the SCVWD and the San Francisco Public Utilities Commission (SFPUC) through the Hetch-Hetchy Reservoir.
For certain approved non-potable uses, recycled water from the San Jose/Santa Clara Regional Wastewater Facility's South Bay Water Recycling (SBWR) facility is used. This highly treated water delivered through separate pipelines makes up about 19% of the water sales in the City. Recycled water offsets the use of potable sources in drought-prone California and is a reliable source for conservation of potable sources. The City continues to work closely with SBWR in order to increase recycled water supplies in order to meet existing demands within the City.
The 2021 version of this LAP contained the following positions:
• Support and implement water conservation measures for businesses and residents including state regulatory efforts which build on ongoing efforts to “make water conservation a California way of life”;
• Support regional water conservation including potable and recycled water supply efforts in cooperation with key partner agencies, efforts to establish alternative funding sources for water infrastructure and improved water quality projects, state and regional efforts to delivery water to Santa Clara customers using clean energy and other environmentally sustainable practices, legislation and funding to protect the health of children who might be exposed to lead in drinking water at school facilities, and legislation with regional partners that allows purified recycled water to be added to the potable water supply through indirect and direct applications that improve local water resiliency;
• Monitor federal, state, and regional activity related to the Bay-Delta Plan and support a comprehensive Bay-Delta watershed voluntary settlement agreement between stakeholders that includes San Francisco Public Utilities Commission; and
• Oppose legislative efforts to impose new taxes or fees on drinking water.
Recommended Updates: Staff recommends updating the LAP title to reflect all water supply and conservation efforts and updating this LAP to include a position to work with regional partners to retain the reliability of the water supply and water sustainability which was previously included in the 2021 Sustainability and Environmental Legislation, Regulations and Issues LAP.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The City has an existing three-year agreement with Townsend Public Affairs for state and federal legislative advocacy services in an amount not-to-exceed $252,000, which includes conducting detailed orientations and developing and implementing a legislative strategy at no additional cost as part of the City’s monthly fee. Funding for FY 2021/22 is included in the Adopted Budget. Funding for future fiscal years is subject to annual appropriation of funds.
COORDINATION
This report was coordinated with Townsend and the City Attorney’s Office. The LAPs were coordinated with Townsend, Silicon Valley Power and the City’s Sustainability Manager, Chief Emergency Services Officer, and Community Development, Fire, Human Resources, Police, Public Works, and Water and Sewer Utilities Departments.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> .
ALTERNATIVES
1. Adopt the 2022 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; COVID-19 Legislation; Energy Legislation, Regulations and Issues; Housing; Human Resources and Public Sector Employment; Public Safety; Regional Issues and Collaboration; Sustainability and Environmental Protection; Transportation Issues; and Water Supply and Conservation; or
2. Do not adopt the 2022 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; COVID-19 Legislation; Energy Legislation, Regulations and Issues; Housing; Human Resources and Public Sector Employment; Public Safety; Regional Issues and Collaboration; Sustainability and Environmental Protection; Transportation Issues; and Water Supply and Conservation.
RECOMMENDATION
Recommendation
Alternative 1: Adopt the 2022 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; COVID-19 Legislation; Energy Legislation, Regulations and Issues; Housing; Human Resources and Public Sector Employment; Public Safety; Regional Issues and Collaboration; Sustainability and Environmental Protection; Transportation Issues; and Water Supply and Conservation.
Staff
Prepared by: Christine Jung, Assistant to the City Manager
Approved by: Office of the City Manager
ATTACHMENTS
1. Legislative Advocacy Position Policy
2. 2022 Legislative Advocacy Positions - Clean
3. 2022 Legislative Advocacy Positions - Redlines