DATE: December 18, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Marlene Subhashini, Assistant City Manager
Dane Hutchings, Managing Director Renne Public Policy Group (RPPG)
DEPARTMENT: City Manager
SUBJECT: 2024 State Legislative Platform and Policy
RECOMMENDATION
It is recommended that the City Council, by Minute Order, consider and approve the 2024 State Legislative Platform and Policy.
EXECUTIVE SUMMARY
State legislation has the potential to have direct and significant impacts on a city’s legal authority; fiscal, operational, and environmental stability. Active legislative engagement protects and enhances the interests of Foster City’s residents and businesses. A legislative platform and corresponding policy enables the City to proactively engage on a wide variety of state legislative proposals that may impact the City’s ability to operate effectively. The platform conveys to legislators, policymakers, and the public where the City stands on important policy issues and legislative proposals. Upon City Council approval, the platform will assist staff and the City’s legislative advocacy firm, RPPG, to respond swiftly to the rapidly changing nature of legislative proposals throughout the year.
At the November 6, 2023 City Council Meeting, Dane Hutchings from RPPG presented the Draft 2024 State Legislative Platform and Policy for Council review and discussion.
The City Council, by Minute Order No. 1945, provided policy direction that the City Council would provide their individual feedback on the Draft 2024 State Legislative
Platform and Policy regarding items they are opposed to and other suggestions to staff.
Staff would gather the feedback and bring a redlined policy back to the City Council for review, discussion, and adoption at the December 18th Council meeting. Staff received written feedback from two Councilmembers and verbal feedback from one Councilmember. Based on the comments/concerns that were raised at the November 6th Council meeting and feedback received following the meeting, staff has put together the Final Legislative Platform and Policy document for Council consideration and adoption at the December 18th Council meeting. Attachment 1 shows the clean version of the Final Legislative Platform and Policy and Attachment 2 shows the redlined version.
BACKGROUND
At its core, legislative advocacy is working with individual lawmakers both within the City’s legislative district and those throughout the state, committee staff, the Governor’s administration, and regulatory officials to support the City’s cause, initiatives, goals, policies, and priorities.
A legislative platform is a set of guiding principles that reflects the overarching ideals and priorities of the Council. Having a legislative platform is critical in the effectiveness of an overall legislative advocacy program as it provides broad policy statements that enables the City and its legislative advocacy firm to sift through the thousands of legislative proposals introduced each legislative session while elevating those measures that fall within the scope of the platform. The practice of adopting a legislative platform and policy is commonplace for public agencies that wish to have a sustained and engaged presence in the State legislative process.
The platform is made up of policy statements, adopted by the City Council, that provides the framework for a city to respond to legislative issues of importance in a timely manner. A “legislative policy” is the procedure or approved process of adopting positions that align with the spirit of the legislative platform.
For additional background information, please refer to the prior City Council Staff Reports attached (Attachments 3 & 4).
ANALYSIS
At the November 6, 2023 City Council Meeting, Dane Hutchings from RPPG presented the Draft 2024 State Legislative Platform and Policy for Council review and discussion.
Staff noted that the legislative policy outlines the process for staff to engage on legislation. If there are bills that don’t clearly fall within the scope of the legislative platform, or if there is any ambiguity, or if staff thinks that the bill needs to be brought forward to Council for discussion, then staff will do so on a case-by-case basis.
However, if a bill falls clearly within the scope of the adopted platform statements, it allows staff, with the help of RPPG, to engage on the bill by taking a position without having to bring that particular bill to the entire Council.
Although Council acknowledged the improved version of the draft platform compared to the 2021 version and understood the purpose of having a platform, comments were expressed related to the ability of Council to discuss certain bills and provide direction to staff on a bill position as an elected body. In response, staff acknowledged that certain topics related to land use and housing can be sensitive whereas others are more straightforward. Staff noted that they will review these on a case-by-case basis and that the platform statements will serve as a guiding principle. Staff also noted that if Council finds legislation that is of interest to them, even if it falls clearly within or outside the scope of the platform, they can request that the item to be brought forward to the entire Council for discussion.
The Council wanted to retain some prerogative to give direction to staff on certain bills rather than leaving it up to staff for interpretation, especially given the broad language used in some of the platform statements or statements that were not clearly defined. In response, staff noted that typically a position on a bill is not that of ‘oppose’ but that of ‘oppose unless amended.’ There was a general consensus on the importance of a communication mechanism while still retaining flexibility and ability to engage on fast moving legislation. Council expressed interest in receiving periodic updates on position letters and legislative updates in general. Finally, questions were raised related to examples of legislative advocacy in action as well as specific examples of the benefits of a lobbyist to the City. In response, staff has enclosed the RPPG’s 2023 End-of-Year Report (Attachment 5) that shows the extensive work that RPPG has accomplished in 2023 for the City.
Even though staff did not receive major suggestions for language changes, additions, or deletions in the platform statements, based on the discussion that ensued at the November 6th Council meeting and feedback received from some Councilmembers following the meeting, staff has made some refinements to the legislative platform and policy as explained below.
Some of the ‘Oppose’ positions have been replaced with “Monitor and Evaluate” positions. Monitor and Evaluate is an internal position which indicates that the City of Foster City is monitoring and evaluating the legislation to assess technical and/or compliance issues without taking a formal position. Prior to the City adopting a formal position, the City can use this position to engage with legislators and provide technical feedback and even attempt to secure amendments to address clarifying issues. Should the City choose to adopt a formal position as the legislative process progresses, staff will bring forward the item and recommend a position for Council consideration.
Other text changes, as shown in the redline version, are to either clarify, strengthen, or make the platform statements concise to better align with the guiding principles.
Council Communication
In order to ensure that the full Council is apprised of the City’s position, the City Manager or designee will notify the Council of an adopted legislative position. The City’s legislative consultant and/or staff will provide monthly state legislative tracking documents outlining priority legislation, status, and the City’s position if one has been adopted. The City’s legislative consultant and/or City staff will provide monthly written updates to the full Council during key state legislative deadlines throughout each year.
These updates are in addition to the comprehensive end-of-year report that is provided to the City.
Should Council review the list of positioned bills and wish to change its position, that item will be scheduled for discussion at a duly noticed public meeting. Following the meeting, a formal letter may be drafted and submitted to the relevant legislative policy committee to reflect the change in - or the removal of - a policy position.
In addition, City staff along with its legislative consultants commit to providing formal legislative updates to the Council during a regularly scheduled Council meeting at least three (3) times a year. These updates may include discussion on bills that are under ‘monitor and evaluate’ status where staff is recommending that the Council adopt a formal position.
Maintaining and updating the legislative platform is an important component for the City’s overall legislative advocacy program. As a living document, it is recommended that the City’s legislative platform be reviewed and amended every other year in conjunction with the beginning of each two-year legislative session. Each legislative session, the City Council will consider modifying its platform by taking into consideration emerging and ongoing legislative trends, issues emerging locally that may require state policy reforms, Council’s annual strategic priorities, or other factors deemed appropriate by the City to ensure its policy statements reflect the direction of the Council.
Sustained engagement would include allowing staff and by extension, RPPG, to update and reissue policy letters as legislation is amended, actively engage with the City’s legislative delegation and other stakeholders on legislation that the Council has adopted a position on, as well as negotiate on bills and seek amendments in legislation to best position the City.
Using the approved Legislative Platform as a guide, the Legislative Policy outlines the formal process for responding to legislative proposals in a streamlined manner as follows:
1. Once a determination is made that a legislative proposal may impact the City based on the Council-adopted Legislative Platform, a letter outlining the City’s position (support, support if amended, oppose, oppose unless amended) will be drafted for the Mayor’s signature.
2. If the Mayor is unavailable and when time is of the essence, the Vice Mayor will sign the position letter.
3. If a legislative issue is not addressed in the adopted Legislative Platform but impacts the City, staff will place the matter on a City Council meeting agenda for consideration.
4. The position letter will be sent to the bill’s author, the City’s legislative representatives, League of California Cities (CalCities), and other stakeholders as deemed appropriate.
5. A copy of the final letter will be transmitted to the full City Council from the City Manager’s Office.
California Environmental Quality Act
The action proposed herein is exempt from the California Environmental Quality Act (CEQA), pursuant to state CEQA Guidelines Section 15061 (b)(3).
FISCAL IMPACT
There is no fiscal impact associated with this effort. However, future funding will be required for continued legislative advocacy support services.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:
Attachment 1 – 2024 Draft State Legislative Platform and Policy – Clean Version Attachment 2 – 2024 Draft State Legislative Platform and Policy – Redlined Version Attachment 3 – August 2, 2021 City Council Staff Report Attachment 4 – November 6, 2023 City Council Staff Report Attachment 5 – RPPG 2023 End of Year Report