REPORT TO COUNCIL
SUBJECT
Title
Action on 2023 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 eleven (11) 2023 LAPs (Attachment 2) for the Council’s consideration and adoption. 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
Between December 2022 and February 2023, Townsend conducted legislative briefings with staff and Councilmembers to provide updates on current State and federal legislative activity and to identify legislative priorities for 2023. The proposed 2023 LAPs reflect Council and departments’ feedback and will provide guidance during a legislative year that is anticipated to be busy with policy changes and new opportunities for local government.
State Legislative Update
February 17th marked the bill introduction deadline for the 2023 Legislative Session. Legislators introduced the bulk of their legislative bill vehicles in the final days before the deadline. The Legislature produced 1,751 Assembly Bills and 881 Senate Bills, for a total of 2,632 bills. Additionally, there are six special session bills on the Governor’s declared special session to legislate high gas prices (three each in the Assembly and Senate). Of the bills introduced, there are 495 spot bills and 551 intent bills between the two houses, for a total of 1,046 placeholder measures. That means 40% of the introduced bills are placeholder measures that lack substantive language, subject to future amendments.
Based on the recent bill introductions, it appears that there will be several key topic areas that will be considered by the Legislature this year: housing production and streamlining, homelessness, proposed bonds, reform of Proposition 47 and 57 related to criminal sentencing and early release, opioid overdose prevention, response, and prosecution, and labor relations measures related to the payment of prevailing wages and the addition of presumptive disability benefits.
Federal Update
The month of February featured movement on the FY 2024 Federal Appropriations front as both Senate and House chambers released guidance for the FY 2024 Appropriations Process. While Community Project Funding, colloquially referred to as “earmarks,” remains part of the process, there are a few notable changes such as the overall spending limit being cut in half, eligibility on what entities and projects may apply for appropriations spending, and which accounts are open for community projects (e.g., the Labor, Health, and Human Services, Education, and Related Agencies and Defense committees will not be accepting Community project requests).
On February 7th, President Biden delivered his second State of the Union address to the 118th Congress. The speech centered in large part around the economy and addressed the significant economic growth seen over the past year as the country recovers from COVID-19 turndown. The President also addressed the significant labor and infrastructure accomplishments made through the passage of the Bipartisan Infrastructure Law, Inflation Reduction Act, and CHIPS Act, stressing that all three are key drivers to creating fair-waged, quality jobs for the American people.
Additional highlights were to ‘finish the job’ on serval goals set at the start of the Biden Administration. This included calling for Congress’ help to end cancer through the moonshot program, providing adequate support for veterans and their families, tackling the mental health crisis in teens and young adults, and addressing the opioid and overdose epidemic throughout the nation.
With a divided Congress, it is unclear how much of the agenda will make it to the President’s desk through congressional action vs. executive order. However, a few lines seemed to get the nod of approval from Speaker McCarthy and his caucus. For instance, this occurred during mentions of harm reduction measures and the overall crackdown on Fentanyl. Discussions of ensuring support to the oil and gas industry as the nation works to transition to renewable energy as laid out in the Inflation Reduction Act also seemed to glean support from the Republicans in the room.
2023 LAPs
The 2023 LAPs include the ten (10) 2022 LAPs, which have been updated to reflect current positions on key policy issues, and a new Community Services LAP. Key updates for the 2023 LAPs are summarized below:
Broadband, Cable Services, and Wireless 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. 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.
Recommended Updates: Staff recommends updating this LAP to make minor changes to a few existing positions.
Community Services
The City of Santa Clara offers a wide range of community services through Santa Clara City library, parks and recreational facilities, and in partnership with community organizations and non-profits. The Santa Clara City Library is a dynamic community hub that provides access to information, literacy resources, educational programming, and civic engagement opportunities for the Santa Clara community. Through its three branches at Central Library, Northside Branch Library, and Mission Branch Library and the Bookmobile, Santa Clara City Library delivers high quality, efficient services in collections, technology and information access, literacy and English as a Second Language (ESL), programming, community partnerships, and facilities. The City’s Parks and Recreation Department provides planning, development, operation, maintenance, and rehabilitation of the City's twenty-seven (27) neighborhood parks, thirteen (13) mini parks, two (2) community parks, three (3) open space sites, ten (10) recreation buildings, four (4) trails, eleven (11) joint use facilities, and eleven (11) bodies of water at five sites. Facilities include community centers, neighborhood park buildings, community gardens, playgrounds, pools, restrooms, picnic areas, turf, trees, vegetation, athletic fields, and joint use facilities. The Department also assists the public with facility rentals, community services, cultural programs, special events, enhanced natural environments, fitness and wellness programs, as well as sports and aquatics opportunities.
Additionally, the City partners with community organizations and non-profits like the Triton Museum of Art to provide the Santa Clara community with services such as free public access to art exhibitions and educational programs.
New LAP: Staff recommends adopting a new Community Services LAP that would allow the City to advocate for legislation, funding, and efforts that pertain to library, parks and recreation, and general community services that benefit the Santa Clara community.
Emergency Management (Previously titled “COVID-19 Legislation”)
As exemplified by the COVID-19 Pandemic and recent all-hazard emergencies, emergency preparedness and management are essential to the City’s ability to effectively respond and provide continued services to the community. The City’s Office of Emergency Services maintains an Emergency Operations Center (EOC) in “response-ready” condition to serve as the City’s hub for emergency management activities in support of large-scale emergencies or planned events. In the event of any all-hazard emergency, the City will closely monitor County, State and federal orders, guidance and legislation to see how they apply to Santa Clara, advocate for regional, State, and federal resources and funding to provide as needed assistance to individuals and businesses that have been negatively impacted, and focus on economic recovery.
Recommended Updates: Staff recommends updating and broadening the 2022 COVID-19 LAP to focus on emergency management so the City would be able to advocate for legislation, funding, and efforts that benefit the Santa Clara community in the case of any future emergency.
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 and complements the other LAPs adopted by the City.
Recommended Updates: Staff recommends updating this LAP to include new positions to support efforts to expand energy generation and transmission infrastructure that will help the City meet the pace of decarbonization goals, support legislation and efforts to enhance funding for clean energy, energy storage, and transmission development, support policies that recognize energy affordability and provide financial incentives or assistance to residents and businesses, support legislation or regulatory efforts that would allow Tier 4 diesel generators or better to run to help support the grid during peak demand periods, and oppose legislation and efforts that limit the amount of time, or scope, of local review of energy-related developments within the City.
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 also recognizing that such efforts may have unintended consequences, limited effectiveness, or create inequities due to a lack of consideration of localized circumstances.
Recommended Updates: Staff recommends updating the LAP to include new positions to support legislation that would establish additional ongoing funding streams for local affordable housing developments, support legislation and efforts that provide resources for small to medium sized cities to plan and implement strategies that address the impacts of homelessness on public facilities and services, support legislation that aims to increase homeownership, particularly for first-time buyers and workforce housing, through down payment assistance, increasing the ability to borrow money, or through other forms of assistance, and expanding existing positions to include additional resources for vulnerable residents.
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.
Recommended Updates: There are no substantial updates for 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 allows 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.
Recommended Updates: Staff recommends updating this LAP to include a position to support efforts to fund the towing of abandoned vehicles, including unoccupied recreational vehicles (RVs), and expand an existing position on training and funding for law enforcement, and non-law enforcement, response to individuals experiencing mental health and substance abuse issues to include de-escalation training.
Regional Issues and Collaboration
While the City of Santa Clara is unique in many ways, it experiences many of the same issues as other cities in the region. 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.
Recommended Updates: Staff recommends updating this LAP to reflect current partner organizations, and to include new positions to support regional water conservation efforts to work with local agencies, State and federal agencies to mitigate the effects of the ongoing emergency drought and support efforts to mitigate supply chain and workforce issues across energy, water, transportation, development and maintenance sectors.
Sustainability and Environmental Protection
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 continue to 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.
Recommended Updates: Staff recommends updating this LAP to include new positions to support funding opportunities and other financial incentives that facilitate the installation of electric vehicle charging infrastructure at multi-family housing complexes, schools, and other publicly accessible spaces, support efforts to expand energy generation and transmission infrastructure that will help the City meet the pace of decarbonization goals, and monitor Lead and Copper Rule Revision legislation and support funding to better protect communities from exposure to lead in drinking water; and update and expand existing positions as needed to reflect current priorities.
Transportation Issues
The City of Santa Clara believes that a robust transportation network, and related infrastructure, is a critical element to a successful and thriving community. 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.
Recommended Updates: Staff recommends updating this LAP to make edits to a few existing positions to include support for reducing vehicle miles traveled and funding for shuttle programs.
Water Supply and Conservation
The City of Santa Clara operates 19 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.
Recommended Updates: Staff recommends updating this LAP to include positions to support California Municipal Utilities Association (CMUA) positions on legislation that benefit Santa Clara, support State initiatives to fund water supply projects to improve water supply conditions including expediting permitting for recharge and other projects to mitigate the ongoing climate-driven emergency drought conditions, and expand an existing position related to exposure to water quality contaminants.
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 are no costs associated with this report except for the administrative costs of preparing the report.
The City has an existing agreement with Townsend Public Affairs for State and federal legislative advocacy services, which includes conducting detailed orientations and developing and implementing a legislative strategy as part of the City’s monthly retainer.
COORDINATION
This report was coordinated with Townsend Public Affairs and the City Attorney’s Office. The LAPs were coordinated with Townsend, SVP, and the Community Development, Fire, Human Resources, Library, Parks and Recreation, 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> .
RECOMMENDATION
Recommendation
Adopt the 2023 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; Community Services; Emergency Management; 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. 2023 Legislative Advocacy Positions - Clean
3. 2023 Legislative Advocacy Positions - Redline