REPORT TO COUNCIL
SUBJECT
Title
Action on the Legislative Advocacy Position Policy and 2018 Legislative Advocacy Positions
Report
BACKGROUND
The Legislative Advocacy Position (LAP) Policy was first presented at the December 18, 2017 Governance Committee meeting. The Committee provided feedback such as: identifying major Council adopted policy frameworks (e.g.: General Plan, Climate Action Plan, the City’s Statement of Values); including a reference that LAPs will be posted on the City’s website; and clarifying edits, which were incorporated into the draft LAP Policy.
At the February 12, 2018 Governance Committee meeting, the Committee approved the attached Legislative Advocacy Position (LAP) Policy and recommended rescinding the “Policy and Procedure 018: Positions on Non-City-Related Issues” (Council Policy 018). During discussion at the Committee, staff outlined that as part of seeking Council approval of the policy, staff will bring forward for approval the 2018 Legislative Advocacy Positions.
The proposed Policy is consistent with Council Operational and Strategic Priority Setting Retreat direction to expedite and streamline administrative processes.
DISCUSSION
This report includes recommendations to adopt a Legislative Advocacy Policy, rescind Council Policy 018 “Positions on Non-City Related Issues” because the proposed Policy incorporates Council Policy 018, and adopt the 2018 Legislative Advocacy Positions.
The proposed LAP Policy establishes 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 guiding principles for legislative advocacy include and are not limited to:
• 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
The LAP Policy also provides that Council should adopt LAPs at the beginning of the calendar year to identify specific legislative priorities outside of the legislative guiding principles listed above. This report summarizes seven proposed LAPs (Attachment 2) below. As part of the annual review process, staff will bring forward updated or new LAPs, as necessary.
Additionally, the Policy includes a procedure for evaluating and supporting legislative advocacy. Specifically, if Council has previously adopted a policy directly relevant to the legislation or the proposed legislation is generally consistent with the City’s overall guiding principles for legislative advocacy or LAPs, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the City. However, if a Council policy relative to the legislation does not exist, the issue is politically controversial, or there is significant local interest in the issue, the proposed legislation together with a recommendation to either support, remain neutral or not support the legislation would be brought to Council for consideration.
Adoption of the LAP Policy and 2018 Legislative Advocacy Positions will streamline the City’s legislative advocacy process and allows staff to expeditiously express its position on any legislative change. If approved, this policy will be included in the City of Santa Clara Council Policy Manual. If the Council approved the recommended action, staff will update City Manager’s Directive (CMD) Number 50 titled “Review of Legislation” to ensure that it is consistent with the LAP Policy.
In addition to adoption of the proposed LAP Policy, staff recommends that Council approve the attached 2018 LAPs to provide staff with direction on future legislation. Below are summaries of the proposed 2018 LAPs:
Affordable Housing and Homelessness
In November 2016, Santa Clara County residents approved the 2016 Measure A Affordable Housing Bond, a general obligation bond that will create new affordable rental and homeowner housing opportunities. The City is partnering with the County on multiple development projects in order to access Measure A resources and to reach some of our community’s most vulnerable and poorest residents. At the State level, Governor Brown signed the 2017 Legislative Housing Package that aimed to help alleviate the affordability crisis by streamlining housing development, increasing accountability of cities and enforcement housing goals, and creating and preserving more affordable housing. The California Department of Housing and Community Development is still in the process of gathering input from stakeholders, including local municipalities, on how to integrate and implement these new laws.
City advocacy efforts will focus on encouraging the State and federal government to provide more resources to local governments to address local housing needs and preserve and strengthen existing programs
Engagement with Federal Aviation Administration Regarding Airplane Noise
In Santa Clara, the source of air noise comes from various activities from regional international airports, general aviation airports, and Moffett Federal Airfield. The Cities Association of Santa Clara County formed an Ad-Hoc Committee to build the framework of forming a regional aircraft noise roundtable that will work together with San Francisco Airport, Mineta San José Airport, and the Federal Aviation Administration (FAA) to address the growing concern of aircraft noise. At the July 17, 2018 meeting, Council adopted a resolution for Santa Clara to participate in the Santa Clara/Santa Cruz Airport Community Roundtable and approved the appropriation of funds for the City’s participation. While the FAA is primarily responsible for air traffic control and the City does not have direct authority over air space, the City will continue to work with regional agencies and federal representatives and authorities to mitigate the effect of airplane noise on our residents.
Environmental Regulatory and Conservation Issues
There are various environmental issues at both the state and federal levels that will likely result in legislation and changes in regulations that could significantly impact the City. Monitoring and advocacy efforts will be geared towards ensuring that emerging legislation is aligned with the City’s interest in providing sustainable services to its residents. Topics of interest include:
• California Environmental Quality Act Reform
• Clean Energy and Energy Conservation
• Green House Gas (GHG) Emission Reductions
• Prohibition of Oil Drilling off the California Coast
• Recycling and Solid Waste Diversion
• South Bay Salt Ponds Restoration Project
• South Bay Shoreline Study
• Statewide Forest Management
• Urban Runoff Pollution Prevention
• Wastewater Regulation
Local Authority over Wireless Telecommunications Facilities
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. Several actions by federal and state lawmakers have resulted in: adoption of regulations and orders restricting local authority over placement and requiring local agencies to complete review of projects within a specified time period. Proposed legislation, such as the STREAMLINE Small Cell Deployment Act (S. 3157), and recent Federal Communications Commission rulemaking continue to erode the City’s ability to effectively regulate wireless telecommunications facilities and take away local authority on facilities that directly affect our City’s residents.
Since SVP owns and operates its own public power utility, it is even more alert to proposals that may impact its electric distribution system built on public power poles. At this time, local governments and municipal utilities throughout California are studying the impact of new technologies, such as small cells, to determine how to best align the public’s demand for wireless services with local zoning laws. City staff will continue to advocate for local control of permitting wireless telecommunications facilities in the public right-of-way.
Regional and State-wide Water Supply and Conservation
The City is monitoring legislation and projects related to water supply and conservation, the Bay-Delta Plan Update, a proposed tax on drinking water, and improving the permitting process for flood risk reduction and dam safety projects. The 2012-2017 statewide drought prompted the State to establish new water conservation regulations and to pass new legislation, such as SB 606 and AB 1668, that aim to make water conservation a California way of life. There have been additional efforts to protect the State’s water supply systems, such as the Bay-Delta Plan Update. The State Water Resources Control Board (SWRCB) is in the process of developing and implementing updates to the Bay-Delta Plan to protect beneficial uses in the Bay-Delta watershed. In general, partner agencies like the San Francisco Public Utilities Commission have the lead on the primary regional issues around the water supply. However, City staff attends many SWRCB and committee meetings in coordination with the partner agencies in order to stay current on water resource issues and initiatives as they progress, in order to lend support wherever needed by the suppliers and meet the requirements set forth by the new legislation. The City is also monitoring discussions of a proposed drinking water tax. SB 623 was introduced last year and proposed to tax California residents 95 cents a month for water services to raise funds for disadvantages communities that lack access to safe and affordable water and clean up contaminated water. The bill did not pass, but there have been subsequent efforts to pass a drinking water tax, such as SB 845. SB 1301 is another water-related bill that the City is monitoring. If passed, SB 1301 will expedite the permitting process for flood protection and dam safety projects without comprising environmental protections.
City staff will continue to support and implement water quality, supply and conservation measures working in cooperation with partner agencies and oppose a drinking water tax.
Regional Transportation Issues
Traffic congestion in the region has reached a new high. This increase in traffic congestion is correlated with the growing need to rehabilitate roads and promote alternative modes of transportation. Senate Bill 1, the Road Repair and Accountability Act of 2017, was signed into law in April 2017 and will invest $54 billion over the next decade to fix roads, freeways and bridges in communities across California. Local efforts to promote and provide funding for alternative modes of transportation include the recent update to the City’s Traffic Impact Fee program, the City’s proposed Multimodal Improvement Plan, Bicycle Master Plan Update 2018, Pedestrian Master Plan, and Creek Trail Network Expansion Master Plan, and the VTA’s BART Silicon Valley Extension. However, there have efforts to repeal and challenge some of abovementioned legislation and projects, such as Proposition 6 on the November 2018 ballot, which will repeal Senate Bill 1 if passed, and the Shark’s lawsuits against the BART Silicon Valley Extension project.
City staff will continue to monitor and advocate for legislation and projects that will alleviate traffic congestion and promote alternative modes of transportation that benefit our residents and businesses and support the City’s commitment to environmental sustainability.
School Mitigation Fees
AB 2926 was signed into law in 1986, which authorized school districts to levy development fees to pay for new school facilities and established the maximum fees that can be charged to developers that are building new residential and non-residential projects. This fee is updated every two years as adjusted for inflation. Land values and construction costs have dramatically increased since 1986 and the current adjusted maximum rate does not adequately mitigate the school impacts from new development.
The City would support efforts by the State Legislature and/or Allocation Board to increase the rates and/or inflation calculator to more realistically reflect current school facility costs, or consider other provisions to allow school districts to effectively mitigate the impacts of new development.
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
There is no fiscal or economic impact to the City other than administrative staff time and expenses.
COORDINATION
This report has been coordinated with Silicon Valley Power, the Community Development, Information Technology, Public Works, Water and Sewer Utilities Departments, and the City Attorney’s Office.
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> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Adopt a Resolution to approve the Legislative Advocacy Position Policy and rescind Council Policy 018 Positions on Non-City-Related Issues; and
2. Adopt the Legislative Advocacy Positions on Affordable Housing and Homelessness; Engagement with Federal Aviation Administration Regarding Airplane Noise; Environmental Regulatory and Conservation Issues; Local Authority over Wireless Telecommunications Facilities; Regional and State-wide Water Supply and Conservation; Regional Transportation Issues; and School Mitigation Fees.
Staff
Reviewed by: Ruth Shikada, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Legislative Advocacy Position Policy
2. Council Policy 018 Positions on Non-City-Related Issues
3. Resolution to approve the Legislative Advocacy Position Policy and Rescind Council Policy 018 Positions on Non-City Related Issues
4. Legislative Advocacy Positions