to protect local or home rule, oppose unfunded State and County mandates, oppose government interference in the private sector, and to protect and stabilize current City revenue sources.
The City of Colton Draft Legislative Year 2023 Policy has been reviewed by the City Council, as well as the City’s executive staff team and the City Attorney.
ISSUES/ANALYSIS
The Legislative Policy document provides a myriad of le gislative positions for Council consideration. As it would be voluminous to describe the reasoning behind each legislative position within this staff report, staff will be ready to discuss any legislative position, if needed, during Council consideration of this item.
FISCAL IMPACT
There is no fiscal impact as a result of this action. The City’s Legislative Policy will be coordinated by the City Manager’s Office. As such, the major impact will be on staff time needed to manage this effort. Costs for a ny additional legislative advocacy, as well as necessary travel and/or expenses by Council Members/staff, will be discussed during the City’s budget processes or on a case-by-case basis.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. 2023 Legislative Policy
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City of Colton
Legislative Year
2023 Program
Frank J. Navarro, Mayor
David J. Toro, Council Member, District 1
Ernest R. Cisneros, Council Member, District 2
Kenneth J. Koperski, Council Member, District 3
Dr. Luis S. Gonzalez, Council Member, District 4
John R. Echevarria, Council Member, District 5
Isaac T. Suchil, Council Member, District 6
William R. Smith, City Manager
PURPOSE STATEMENT
The purpose of the City of Colton's Legislative Year 2023 Program is to provide a vehicle for the City Council and staff to pursue legislative objectives in the most efficient and effective way.
PROGRAM GOALS AND OBJECTIVES
The primary goal of the Legislative Program is for the City Council to adopt official City positions on clearly stated legislative issues prior to the start of the legislative session. By doing this, the legislative approval process is streamlined and eliminates the need for repetitive concurrence and direction from the City Council on previously approved issues.
A secondary objective is to implement a process that ensures that the City Council provides input and direction on legislative issues that have not been previously reviewed by the City Council. This objective will ensure that staff will seek the Council's guidance on issues not contained within the City's adopted legislative positions.
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PROCESS OUTLINE
The City's Legislative Program consists of a framework and reference guide for legislative positions and objectives that provide direction for the City Council and staff. The following five steps outline the process.
I. Development of Legislative Issues
The City Council annually approves the legislative positions cooperatively developed for the upcoming legislative session for the City Council, staff and Legislative Advocates to advance on behalf of the City.
II. Development of Recommended Positions for Issues Not Considered in the Legislative Positions Document
The second step formalizes a process for developing positions on legislation that falls outside this adopted document.
1. Preliminary staff research and analysis on legislation impacting the City that falls outside this policy document.
2. Consultation and coordination with the City's Legislative Advocates.
3. Recommendations on legislative positions are brought to the City Council for action. Any legislative action will require not less than four affirmative votes of the legislative body, regardless of the number of Council Members in attendance, to be pursued by the City.
III. City Council Responsibilities in the Legislative Process The third step outlines the participation and activities by the City Council, collectively and individually, in overseeing items of interest to the City during the legislative year.
These activities include:
1. Seek support/opposition from other interested entities.
2. Participation in meetings with legislators and staff, as well as other local public officials/staff.
3. Preparing/reviewing/presenting test imony on behalf of the City before the county, state and federal government.
4. Receive copies of all correspondence transmitted on legislative positions.
5. Provide City Council approval on all proposed actions that impact the Legislative Program as requested by staff.
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IV. Staff Responsibilities in the Legislative Process
The fourth step outlines the responsibilities of City staff in overseeing the City's Legislative Program during the legislative year. These activities include:
1. Preparing support/opposition analyses and correspondence.
2. Send letters of support/opposition (staff is authorized to send letters on adopted legislative positions without further Council interaction as described in the "signature" section below).
3. Seek support/opposition from other interested entities.
4. Participation in meetings with legislators and staff, as well as other local public officials/staff.
5. Preparing/reviewing/presenting testimony on behalf of the City before the county, state and federal government.
6. Receive copies of all correspondence transmitted on legislative positions.
7. Inform the City Council on the progress of legislation on which the City has taken a position, including any substantive amendments that would impact the spirit of the City's adopted position.
8. Preparation of a program status report as described in the following section.
V. Legislative Program Communication
The fifth step describes the legislative tracking and other communication issues regarding legislative items.
1. Staff regularly tracks the status of various bills throughout the legislative year.
As warranted, staff will prepare a status report and inform the Council on the progress of certain legislation.
2. The Mayor or City Manager, on behalf of the City and its subsidiary agencies, shall sign letters on City adopted legislative positions unless certain circumstances dictate otherwise. Written correspondence, by individual Council Members on legislative items not adopted by the City Council, may be transmitted if the correspondence identifies that it is a position as an individual citizen as opposed to an official position of the City of Colton. All adopted legislative positions are either included in this policy document or in the official City Council Minutes for special legislative efforts
3. By adoption of this legislative policy, each Member of the City Council agrees and affirms that hereafter the City Council prohibits any of its members from lobbying, advocating, or taking a position contrary to the Council's adopted position on any legislative item. Council Members may, as allowed for in law, take positions as an individual citizen; however, said communication is discouraged and considered antithetical to the success of the City and this legislative program specifically. Any individual communication must be on personal stationery that is free of any City of Colton identifying information, including logos, official position titles, addresses, phone numbers, etc.
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CITY COUNCIL LEGISLATIVE POSITIONS
Pursuant to City Council adoption of the following positions, the City Council and staff, in conjunction with our Legislative Advocates, will actively pursue these directives.
Pursue funding for projects that improve the quality of life in Colton. Support legislation that provides funding for Disadvantage d Status Communities (DACs).
TRANSPARENCY
Support legislation that would reform or increase transparency and accountability into the legislative appropriations process.
LOCAL CONTROL
Support local control over the administration of local programs and oppose all legislation that lessens local control.
Oppose all legislation that seeks to reduce or eliminate the ability of local agencies to choose alternative forms of providing service to its community. Oppose legislative efforts to impose bindi ng arbitration that would remove local government authority on matters of local interest. Specifically, support all legislative and legal efforts to overturn any legislation that implements binding arbitration or a similar non-judicial dispute resolution system on local government.
UNFUNDED MANDATES
Oppose unfunded mandates to the City for any new or continuing program/service.
Ensure that State or County responsibility for mandated programs is not passed on to the City in the form of undue burdens/financial mandates. Oppose any measure that mandates procedures, such as maintenance -of- effort, that would make local government more dependent on the State for financial stability and policy direction.
Support full cost reimbursement to the City for all federal, state and county- mandated programs.
Support legislation to streamline the process for state reimbursement of state- imposed mandates.
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FINANCE/REVENUE
Support efforts to protect the distribution of sales tax and property tax to the City.
Support efforts to simplify the collection of sales taxes nationwide and provide an equitable method for collecting and allocating sales tax for internet and catalog sales.
Support a statutory or constitutional redistribution of property tax revenues which more equitably reflects local government responsibilities. Support legislation that revises the State’s distribution of sales tax to a per capita formula.
Support Federal legislation which would require states to distribute Federal pass-through funds in an equitable manner to local subdivisions of the State. Oppose any legislation that mandates a Social Security tax for public employers and employees.
Support legislation/initiatives that provide local government with protected and predictable revenue sources.
Support enhancement of and Oppose cuts to Community Development Block Grant (CDBG), HOME program, Section 8 Housing funds, and other Federal funding. Advocate for a more streamlined application process and for greater flexibility of local appropriation and use of monies. Oppose legislation which would restrict or eliminate the availability of traditional government financing instruments or practices. Oppose any measure that restricts or limits a public entity’s ability to use tax- exempt debt or t ax increment financing for the purchase or construction of public purpose improvements.
Oppose all legislation and administration actions that authorize the State to borrow/take/eliminate/reduce/shift any source of local government funding in order to finance State budgetary deficits, operations, or responsibilities. Support a comprehensive state performance review and audit system and long-range financial planning and performance budgeting to enhance accountability, efficiency and responsiveness at all levels of government. Oppose legislation that would overly complicate, prolong, or make existing laws pertaining to procurement of goods and services more onerous for local cities.
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DEVELOPMENT/HOUSING
Ensure local City input on all regional land use and planning issues. Coordinate with County Land Use Services and Economic Development on joint development projects that will be of benefit to both the City and County. Support streamlined environmental processing for federal regulatory permits issued by the US Army Corp of Engineers, US Fish & Wildlife Service, Federal Highway Administration and various other federal agencies for the purpose of expediting private and public development initiatives. Support CEQA reform that will streamline the environm ental review process and facilitate development in urban areas, consistent with a jurisdiction’s General Plan.
Support reforms to LAFCO law that will streamline the annexation process for unincorporated islands and increase the maximum size for uncontested annexations from 100 acres to 300 acres.
Support joint efforts to develop mutual development standards for unincorporated areas that are binding upon the County and the City. Support regional economic development policies that provide for planned economic growth in the City and neighboring communities. Support the City’s participation in the development of the San Bernardino Countywide Plan.
Support State grant programs to fund General Plan updates pursuant to State law.
Support legislation that provides incentives or grant opportunities for community improvements.
Support legislation that would lift the minimum requirement of payment of prevailing wages on municipal Public Works projects to amounts greater than $100,000.
Support legislation that preserves municipal authority over the public right - of-way including fair and reasonable compensation for use of the right -of- way, as well as local franchising.
Oppose efforts by any regulatory commission from promulgating rules and regulations that infringe on lo cal land use decisions and management of the public right-of-way.
Support reasonable legislation that balances the need for a new workable and effective redevelopment law while ensuring the ethical and judicious use of eminent domain by governmental agencies.
Oppose any legislation that outright bans the use of eminent domain by governmental agencies.
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Support elimination of the statewide Regional Housing Needs Allocation (RHNA) process which places mandates on local governments to accommodate increased housing numbers and densities in their general plans and zoning ordinances.
Support reform of the statewide RHNA process to focus on a “bottom up” process that respects local land use/ infrastructure capacities. Oppose affordable housing production mandates without necessary funding to support said housing mandates, including density increases in established neighborhoods.
Support legislation to include consideration of the economic impacts of proposed species listings, as well as support the delisting of species no longer threatened or endangered.
Support legislation that requires mortgage lenders to establish a uniform tracking method of mortgage instruments to assist local governments in identifying current property owners in order to proact ively prevent blight caused by the increase in foreclosures.
TRANSPORTATION/INFRASTRUCTURE
Support efforts to establish a Metrolink stop/station in the City. Support efforts to increase the amount of transportation funds allocated to local jurisdictions for discretionary projects.
Pursue funding that specifically benefits the City of Colton’s transportation and public works projects. Specifically, support the passage of local transportation related legislative efforts, as well as support efforts to ensure funding in order to provide a permanent, direct percentage of unrestricted federal transportation funds to local government transportation departments for priority work.
Support continued efforts for the Superfund clean -up of perchlorate contamination in ground water sources.
Support direct federal funding from the Economic Development Administration for local economic development and public works projects, including drainage improvements, such as Drainage Facility 3-5.
Support programs & funding for infrastructure improvements, including roads, storm water, water, wastewater, and dams.
Support legislation or policy that provides funding to local governments for new/improved railroad grade crossings, including funding for the construction of grade separatio ns to replace at -grade crossings, and upgrade existing grade separations. Advocate for new processes to expedite the review and approval of such projects.
Support a statewide action plan for addressing water-related issues including availability, quality, import, export and reclamation.
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Support financial incentives for water reuse and legislation that encourages the treatment of municipal wastewater for non -potable reuse and promote the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California’s fresh water supply.
Pursue funding for expansion of electric vehicle infrastructure for Medium and Heavy Duty Vehicles.
Support renewal of funding for rebates and incentives for municipalities to purchase electric/alternative energy vehicles.
PUBLIC SAFETY
Support statewide efforts to coordinate disaster preparedness programs in local jurisdictions and support guidelines to identify the strengths and weaknesses of local preparedness efforts.
Support adequate financing of jails and criminal justice facilities. Address the need to devote equal time and energy to develop effective alternatives to incarceration, including early intervention of at-risk youth and counseling and rehabilitation programs.
Oppose legislation that weakens the ability of law enforcement agencies to provide for the safety and security of their communities. Oppose legislation that seeks to reduce felony level offenses to misdemeanors.
Oppose legislation that seeks to decriminalize illegal drug use or possession. Support direct funding to cities, without matching requirements, to use in drug prevention, intervention and enforcement efforts.
Support legislation that protects business owner property from th eft by increasing criminal penalties. Oppose efforts to reduce such penalties. Support legislation in which the State continues to fund the booking fees for prisoners. Oppose legislation that would require local agencies to pay “jail access fees.”
Support legislation that promotes increased enforcement and prosecution of criminals associated with recycling thefts, including enhanced identification standards of customers by recycling centers.
Support legislation that provides funding for and expands the DNA data base utilized for the prosecution of criminals by local law enforcement agencies. Support continued funding for the U.S. Department of Justice Community Oriented Policing Services (COPS) program.
Support legislation that establishes Peace Officer and Firefighter peer support and crisis referral services.
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Support continued funding for the California Specialized Training Institute (CSTI) to remain the premier training venue in the State of California for the training of firefighters, police officers, and emergency management personnel.
Support legislation that would prohibit a mobile internet provider from impairing or degrading traffic for public safety clients during a state of emergency.
Support efforts to ensure protection of sufficient radio spectrum to meet public safety’s current and future needs. Public safety needs should have priority over private or for-profit communication systems.
Support legislation that directs Homeland Security funds to local police and fire departments and provides for streamlined access to federal funds without State or County involvement.
Support continued funding for California State Mutual Aid Pre -Incident Prepositioning for Fire resources. Prepositioning is a resource augmentation for anticipated significant fire or other disaster events and has been used throughout the State. The prepositioning by OES allows reimbursement of local governments for the cost of pre -positioning firefighters and equipment in advance of identifiable risks under the California Mutual Aid System. Support legislation to continue full portal -to-portal cost recovery plus administrative fees through t he California Fire Assistance Agreement for responses to assist the California Office of Emergency Services, the US Forest Service, Cal Fire, Bureau of Land Management, and other forest agencies. Support continued funding for local community colleges in su pport of fire academies, and training for Emergency Medical Technicians & Paramedics. Support continued funding for Office of Emergency Services Fleet Section to augment local government response in support of the State Master Mutual Aid Program through the assigning of fire engines with local government. Seek continued support by CAL Fire to local government in the form of aircraft, hand crews, dozers, and fire engines when needed in wildland urban interface zones, during floods, and other disasters.
Seek legislative assistance to local fire departments to implement cost recovery from Medi -Cal to cover the certified public expenditure of pre - hospital paramedic stabilization before transportation. Support continued funding for the U.S. Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response (SAFER) Grant and the Assistance to Fire Fighters Grant.
Support continued funding for the U.S. Fire Administration, the National Fire Academy, and the Emergency Management Institute.
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COMMUNITY SERVICES/FACILITIES
Support efforts to bring regional facilities and family -oriented programs to the community, with particular efforts focused on planning and development of a Sports Park and/or sports fields in Colton.
Support efforts to work with neighboring local governments to establish joint programs/services in order to provide an efficient and effective service level. Pursue funding for remediation of the former Guyeaux landfill to provide a safe environment for development of future park facilities. Support legislation that promotes:
expansion of public libraries, including funding for such expansion literacy and local programs for community libraries
expansion of public parks in jurisdictions that are underserved, including funding for such expansion
funding for afterschool programming for youth from elementary school through high school
funding for human services programs which seek to provide aid to local families in-need of assistance, including feeding programs for youth in-need
support efforts to increase health and wellness awareness within communities
establish or increase funding for early childhood education programs. Oppose legislation that seeks to reduce or eliminate funding programs listed above.
PUBLIC UTILITIES
Oppose attempts to increase the scope of FERC/NERC/WECC compliance standards on utilities that are interconnected to the grid at voltages below 100 KV.
Oppose programs that mandate publicly owned utilities to contribute to a State wildfire fund as opposed to volu ntarily choosing to participate in any statewide program.
Oppose programs that mandate publicly owned utilities to contribute more than the current Clean Fuel Reward (CFR) 2% contribution of LCFS funds. Oppose legislation that attempts to regionalize the CAISO and reduces state legislator’s control over the composition of the CAISO Board of Directors. Oppose legislation intended to make utilities acquire specific generation or fuel-types that may not meet the needs of the individual utility. Oppose legislation that proposes additional reporting for small POU’s, and
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that covers data already being reported.
Oppose or amend legislation that mandates unclear and additional requirements jeopardizing utility reliability, costs to serve, or safety to customers and employees.
Support legislation that allows carbon reducing credit to be given to the utility for customer side of the meter programs where they are not already counted. Support measures that improve processes to comply with state mandates.
ENVIRONMENT/CONSERVATION
Support requiring local government participation on the governing bodies of air quality management districts in California.
Oppose taxes or fees on local refuse programs to fund statewide programs. Support continuing cooperation between the State and local jurisdictions on mandatory organic recycling in order to meet current legislation. Support continuing cooperation between the state and local jurisdictions on source reduction and recycling in order to meet current sol id waste reduction goals.
Support legislation that advances the mission of clean air goals and objectives, including legislative efforts that provide funding for air quality programs, and the reduction of greenhouse gases.
Support efforts to promote clean air programs in cooperation with the South Coast Air Quality Management District (SCAQMD).
Support legislation that promotes greenhouse gas emission reduction with mechanisms in place to ensure that overall energy costs do not rise too high or too quickly for customers.
Continue support for the State “Cap and Trade” Program. Continue support for the States Low Carbon Fuel Standard (LCFS) Program.
LEGAL/INSURANCE
Limit tort liability and provide enhanced and expanded tort immunities for public entities including, but not limited to, claims arising from the unauthorized use of public property.
Support comprehensive tort reform, including limiting the joint and sev eral liability of governmental agencies to a liability equal to their percentage of their wrongdoing.
Oppose legislation that limits power of local government to negotiate indemnification protection in public contracts.
Oppose legislation that seeks to lessen the City’s ability to enforce contractual
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language agreed to and contained within existing franchise documents. Support legislation that would reform the State’s Worker’s Compensation System in order to draw a balance between reasonable claimant bene fits versus the increasing costs/corruption that has plagued the System to date. Oppose legislation that increases insurance premium costs to employers. Oppose legislation that adds administrative burdens or taxes to self-insurance programs.
ELECTIONS
Support legislation that controls the costs of elections as long as the elections process is not adversely affected (e.g., purge voter rolls, limit costs for candidate statements, and prevent abuse of absentee ballot process). Support legislation that continues the state reimbursement of absentee ballot costs.
Support legislation that would increase voter turnout in local elections (e.g., mail ballots, touch screen capabilities, more information to voters for judicial elections).
MISCELLANEOUS/GENERAL
Support efforts to address homelessness and transients. Support efforts for regional communication and information sharing. Support efforts to promote and finance programs to educate citizens concerning responsible pet ownership and adoption.
Support funding for costs related to managing the emerging impacts of COVID-19 to the City’s workforce, businesses and residents.
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