DATE: August 2, 2021
TO: Mayor and Members of the City Council
VIA: Peter Pirnejad, City Manager
FROM: Marlene Subhashini, Community Development Director Dane Hutchings, Lobbyist Consultant, Renne Public Policy Group Sharon Gonsalves, Director of Government Affairs, Renne Public Policy Group
SUBJECT: DISCUSSION ON CITY’S LEGISLATIVE PLATFORM AND POLICY
RECOMMENDATION
It is recommended that the City Council by Minute Order, formally consider and adopt a legislative platform and policy to ensure the City’s positions on pending and future legislation is expressed in a timely and effective manner.
EXECUTIVE SUMMARY
City Council requested that staff place an item on the City Council agenda in order to initiate a discussion regarding adopting a legislative platform.
State legislation has the potential to have direct and significant impacts to a city’s 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 will assist the Mayor, City Council, staff and RPPG to proactively address legislation that may impact the City’s ability to operate effectively.
A “legislative 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. The positions contained in the platform are intended to supplement the strategic goals outlined in Foster City’s 151
Strategic Goals.
BACKGROUND
During the City Council Regular Meeting on September 8, 2020, there was discussion about hiring a state lobbyist and taking a proactive approach in engaging with the State not only on housing legislation but also other legislation of interest to Foster City. City Council expressed the need for the City to be actively involved with what is happening in Sacramento and for the City to adopt an advocacy position on legislation early on in the process by engaging with lawmakers.
In October 2020, Renne Public Policy Group (RPPG) presented an overview of their firm and the lobbying services they offer to the Land Use Subcommittee. In an effort to stay actively engaged on state legislation of importance to the City, the City Manager approved a one-year contract agreement with RPPG on January 15, 2021, within the City Manager’s purchasing policy limits. RPPG is a full-service lobbying and consulting practice firm based in Sacramento that strives to advance the policy interests of public agencies. Within three weeks’ time, and in advance of a strict legislative deadline, RPPG in consultation with city staff drafted a new piece of legislation and worked with both legislators in San Mateo County and across the state to secure a legislative vehicle for Foster City. On February 18, Assemblymember Kevin Mullin formally introduced Assembly Bill (AB) 1029 which highlights the importance of preserving existing affordable housing stock when affordability covenants are set to expire.
Despite some initial pushback from opponents, AB 1029 continues to advance through the legislative process.
Moreover, as part of the firm’s scope of work, RPPG, in consultation with City staff, was tasked with drafting the City’s legislative platform and policy for City Council consideration. By adopting a legislative platform and policy, the City will enhance its capacity to monitor, analyze and respond to complex and swift moving legislation. Near the end of the legislative session each year, hundreds of bills are amended and move quickly through the process. Many of these bills have detrimental effects on public agencies. A legislative platform and policy allow advocates to quickly educate lawmakers in Sacramento on how legislation will impact Foster City. Failure to do so will negatively impact Foster City’s ability to effectively engage in the State legislative process.
At the June 21, 2021, City Council meeting, staff and RPPG was directed to finalize a draft of the legislative platform and policy for formal consideration at the July 19, 2021 or August 2, 2021 City Council meeting.
ANALYSIS
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At its core, legislative advocacy is working with individual lawmakers (both within the City’s legislative district and out), committee staff, the Governor’s administration and regulatory officials to support the City’s cause, initiative, or policy goals.
Actual legislative advocacy is predicated on raising awareness and providing education. Not just to state officials, but to City staff, City Council, and residents. Being able to empower City Council, staff and by extension its advocacy team, is critical in any effort to advance legislative efforts. In an effort to drive awareness and educate Foster City and its residents, RPPG has provided approximately 90 deliverables to the City in six (6) months under contract, including but not limited to:
Updates issued by the Newsom Administration on COVID-19 operational protocols, funding, and state budget activities.
Detailed analysis on dozens of measures with direct impact to the City. Real time updates on the progress of Foster City’s sponsored legislation. Participating in several City Council meetings, subcommittees, and public forums.
One-on-One Meetings with all City department heads.
Providing opportunities for the City to establish and maintain relationships with Foster City legislative delegation as well as lawmakers across California.
In Sacramento, direct advocacy among other aspects ranges from working personally with a legislator, an aide, policy committee staff and the Administration on the wording of a bill, to mobilizing broad coalitions that align with the City’s cause. This includes educating legislators, supporters, and the public about the issue; working with the media; continuously seeking out allies; and being persistent over long periods of time.
Over time, a sustained legislative advocacy effort will help the city form strong allies.
Working with lawmakers and familiarizing them with your concerns often results in lawmakers even outside of a city’s legislative district become champions for your specific issues. Establishing personal relationships with legislators both in the City’s legislative district and outside of its district provides the City with credibility needed to have a meaningful impact in the legislative process. While there is no guarantee that a sustained effort will lead to success on one particular issue of importance; a lack of a sustained effort will lead to State polices that will remove local decision making and/or create new financial, legal, or operational challenges for Foster City.
For example, City Council has expressed strong concerns on SB 9 (Atkins). RPPG was able to secure significant amendments into SB 9. Originally, the bill would have allowed 10 units to be built on a parcel where one single-family unit currently sits. That number has been reduced to 4. The bill also requires a one-year owner occupied requirement prior to splitting a parcel. This is significant because it will create a deterrent for speculators/investors from buying properties, splitting lots and building multiple units. 153
Despite the sustained opposition by the City, SB 9 is much improved from the date it was introduced.
Moreover, RPPG in conjunction with representatives with San Mateo County were successful in working with Assemblymember Mullin in securing $10million in the State Budget to backfill the County Vehicle License Fee (VLF) swap shortfall. Had this money not been appropriated in this year’s budget, Foster City would have lost approximately $206,000.
Tracking important legislation, assessing its potential impact to the city, and providing operational, policy and political counsel accordingly provides a clear picture of the legislative landscape. However, the City alone does not have the internal resources to perform this function internally. For context, in 2021, 2,721 individual pieces of legislation were introduced (1,779 in the Assembly, 942 in the Senate). Each State legislative session is broken up into two-year cycles. Currently the State Legislature is in year one of the current two-year legislative cycle (e.g., 2021 year 1 of 2, 2022, year 2 of 2). In 2022, State Lawmakers will introduce thousands more pieces of legislation. As it stands, RPPG is currently monitoring 519 pieces of legislation to assess potential impacts to Foster City.
Finally, one of the most fundamental pieces of a solid advocacy effort is the understanding that advocacy takes time and the proper foundation. Lawmakers are bombarded by thousands of requests for legislation. Sustained advocacy—both offensive and defensive requires a strong foundation. For Foster City to effectively engage and influence policy that will protect or benefit the City, it is important that the City adopt a combined legislative platform and policy.
Legislative Platform: A City’s legislative platform conveys to legislators, policymakers, the public, and the media where the City Council stands on important policy positions.
A legislative platform is a set of guiding principles that reflects the overarching ideals and vision of the City Council. This document is critical in an overall legislative advocacy program as it provides broad policy statements that enables the City and its legislative advocacy firm to sift through thousands of legislative proposals introduced each legislative session—elevating those measures most important to the City Council.
Similar to a strategic plan, a legislative platform provides a mechanism for staff and City Council to “be on the same page” and provides direction for the city as how to formally engage on legislation including introducing legislation, positioning, seeking amendments, or otherwise influence state policy for the betterment of Foster City.
The platform will allow the City to quickly engage on the most pressing State priorities that pose significant challenges for the Foster City, including but not limited to land use, affordable housing, loss of local control and public safety. The policy statements provided in the platform are consistent with the key priorities of Cal Cities and other 154
local governments—however are reflective of the unique needs of Foster City residents and City Council goals. RPPG worked with city staff to ensure all statements are relevant to Foster City.
Addressing the City Council’s top priorities requires a multi-layered approach.
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 if needed, amended in the fall of each year in advance of each legislative year. This will ensure that the City Council’s ideals are reflected and will allow the City’s legislative advocacy consultants to actively engage on new state initiatives that affect the City’s interests.
Legislative Policy: It is important to recognize that the State legislative process does not face the same scrutiny and transparency requirements imposed on local government (e.g., Ralph M. Brown Act compliance). Additionally, the State legislative cycle moves fast and does not comport with Foster City bi-weekly City Council meeting schedule. In short, it is commonplace for pending state policy to be quickly amended, set for a hearing and advance through a considerable amount of the legislative process all before City Council would have an opportunity to place an item on the agenda, publicly review and recommend action.
A legislative policy simply establishes a formal process on the timing and manner in which the City will engage on legislation that falls within the scope of the approved legislative platform. In conjunction with an approved legislative platform, a legislative policy allows the City to quickly engage on these state policies that often move quickly.
It is common practice for municipalities across the state to have an established (combined) platform and policy to allow for the most effective engagement on legislation that falls within the scope of the approved legislative platform. Accordingly, legislation that is inconsistent with or silent in the City’s legislative platform may be placed on a public meeting agenda for consideration by the full City Council.
Recommendation 1: By motion, adopt the City of Foster City 2021 legislative platform and Policy, as drafted.
Recommendation 2: Suggest edits to legislative platform and policy at which time staff and RPPG will come back to City Council at a future date with revisions.
FISCAL IMPACT
There is no fiscal impact associated with this effort.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
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This action aligns with the City’s vision/mission by taking efficient actions that enhance neighborhood livability and quality of place for current and future generations. Engaging and having a voice on legislation will promote the values and priorities outlined in the City’s 2021 Strategic Priorities in all priority areas but most importantly “Smart Planning, Development and the Local Economy” and "Public Safety and Social Equity".
Attachments:
Attachment 1 - Draft 2021 Legislative Platform and Policy 156
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CITY OF FOSTER CITY
LEGISLATIVE PLATFORM
PURPOSE
Foster City’s Legislative Platform confirms the City Council’s position on current issues with the potential to directly or indirectly impact the City. The legislative platform is a guiding document that the city will continue to work with constituents, consultants, and elected representatives to promote and preserve the City’s interest at the State level.
Each year, 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.
Below are the Guiding Principles and Policy Statements that will allow City staff to address legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.
GUIDING PRINCIPLES
I. STRATEGIC PRIORITIES
Support measures that enhance the ability for Council to achieve its strategic priorities. Oppose legislation that seeks to undermine the ability for Council to enact its long-term mission and vision for the City of Foster City.
II. PRESERVE LOCAL CONTROL
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs, local land use and oppose legislation that preempts local authority. Local agencies should preserve authority and accountability for revenues raised and services provided.
III. PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State or Federal Governments and/or make cities more dependent on the County, State or Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement or offsetting benefits.
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IV. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the city to compete for its fair share of regional, state, and federal funding. Support funding for programs with combined benefits to air quality, water quality, affordable housing, public safety, public transit and public health.
LEGISLATIVE PLATFORM STATEMENTS
Administration, Human Resources and Risk Management
Support maximum flexibility for local government in contracting and contract negotiations.
Support legislation that promotes efforts to advance workplace diversity, equity and inclusion.
Support legislation that facilitates the ability of local government to share resources to increase efficiencies and decrease costs, including local efforts to address regional management of fire services.
Monitor and evaluate Proposition 13 and city and county tax apportionment proposals.
Monitor and evaluate all proposals that include an unfunded mandate to local governments.
Oppose any amendment to the redistribution of sales and use taxes which will affect the city and its ability to provide city services and thereby cause a negative fiscal impact.
Support long term statutory solutions to adequately reimburse cities from the Vehicle License Fee (VLF) Swap of 2004 as well as short term, temporary adjustments.
Oppose measures that reduce local control over employee relations issues or mandate new or enhanced local government employee benefits. Oppose measures that impose compulsory and binding arbitration with respect to employees.
Support efforts to maintain fiscal solvency with respect to unfunded pension and retiree healthcare liability. Support efforts that decrease local costs.
Governmental Transparency and Public Access
Support legislation that balances increased public trust, confidence and access to public meetings while realizing the fiscal and operational constraints of local government.
Support legislation that would increase civic participation and engagement including the continued allowance of legislative subcommittees, advisory committees, and commissions to participate virtually (post COVID-19 state of emergency) without physical location posting requirements under the Ralph M. 158
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Brown Act.
Support legislation that would permit a minority amount of virtual council member participate without physical location posting, so long as a physical in-person quorum is present.
Support state funding efforts to assist with enhanced public access for members of the community.
Oppose legislation that would incentivize increased litigation by removing safe harbor provisions permitted in the California Voting Rights Act (CVRA). Oppose legislation that drive up the cost of municipal elections through unnecessary new requirements.
Support legislation that would permit the City to provide electronic copies of documents to satisfy requirements in the California Public Records Act. Monitor and evaluate proposals that create new mandates under the California Public Records Act without state reimbursement provisions. Monitor an evaluate proposals that requires a one-size-fits-all to local retention polices.
Economic Development
Support international, statewide, regional and local efforts to attract, retain and provide resources for current and future technology based, commercial and industrial businesses.
Support efforts to provide funding mechanisms for economic development tools including infrastructure investment, housing, and economic development. Support policies and programs that encourage working with other cities, counties, and government agencies to jointly leverage resources and assets to create and strengthen economic clusters within the region.
Support policies, projects, programs, and regulations for diversifying Foster City’s primary economic base and facilitating investment that will result in maintaining or growing local jobs and creating an environment that is attractive to current and emerging industries.
Support economic development initiatives that preserve and enhance a positive business climate and maintain and grow the business tax base. Maintain an equitable program for the continued disbursement of sales and use taxes which reflect local impacts on various communities.
Environment
Support legislation that provides funding opportunities focused on coordinating sustainable planning practices in the areas of environment, transportation, housing, and economic development.
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Support legislation that collectively and collaboratively mitigates the effects of sea level rise.
Air Quality
Support continued funding and incentives to local agencies to work together to improve air quality through the reduction of greenhouse gas emissions, use of clean energy and advancing economic and technical developments. Oppose any policy or guidelines of the California Air Resources Board, or any other agency, that limits local discretion of mixed-use development projects near multi- modal transportation centers.
Support policies, guidelines, incentives, and funding for programs with combined benefits to air quality, water quality, housing, infrastructure (including multi-modal transportation systems) and public health.
Natural Hazards
Support programs which provide funding to hazard mitigation projects, such as flood protection measures, including those identified in a FEMA-approved Local Hazard Mitigation Plan.
Support funding of state efforts to update and prepare earthquake hazard mapping.
Solid Waste and Recycling
Support measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recyclables.
Support measures that promote procurement and market development of recyclable and recycled materials.
Support legislation that facilitates development of local and regional recycling and composting facilities.
Water Quality and Water Supply
Support and monitor legislation that would increase the availability of, and funding for, water conservation, water reuse technologies, water recycling, local water storage and other water supply technologies.
Support the enhancement of a reliable and sustainable water supply for California. Support measures to increase water supply and improve water quality in the region, including drought relief legislation.
Support funding opportunities that are provided to local jurisdictions through past and future bond opportunities.
Support legislation or regulatory efforts that reflects the realities of persistent drought conditions and impacts associated with reduced water supply including meeting state mandated regional housing needs assessment (RHNA) targets and 160
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other housing mandates.
Oppose new fees on water that does not benefit ratepayers.
California Environmental Quality Act (CEQA)
Support all efforts to create efficiencies within CEQA and support local discretion and planning efforts to limit delays.
Support legislation that prevents CEQA lawsuits from being filed for any reason other than a bonafide environmental impact.
Support legislation that streamlines federal and state environmental review processes and limits court reviews of environmental documentation.
Land Use Planning and Housing
Support efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement plans for orderly growth, development, beautification and conservation of local planning areas. Support housing measures that promote the preservation of existing affordable housing and the development and enhancement of safe and affordable housing and accessible housing within the City for all economic segments of the population, while still preserving local control.
Support funding opportunities that are provided to local jurisdictions through statewide bond efforts.
Oppose measures to withhold funding dedicated to transportation funding unless proposed housing goals are being met.
Oppose measures which would undermine established general plan, zoning and housing documents.
Oppose measures which undermine the planning vision of local government and contradict the expectations of our community, which includes projects mitigation their impacts.
Support measures which support meeting the State’s planning goals while maintaining local control, ensuring communities evolve in a manner that reflects the will of the residents and protects the public’s health, safety, and welfare.
Homelessness
Support efforts to increase funding for the development of permanent supportive housing, including resources to finance the development of new units and resources to provide long term sustainability for supportive services. Support efforts to increase Federal and State funding to prevent and reduce homelessness in San Mateo County.
Support funding and legislation that provides resources for local agencies to provide referral services for persons experiencing homelessness. 161
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Support measures that provide resources to address the mental health needs of persons experiencing homelessness.
Libraries
Support full funding of the Public Library fund and other local public library programs.
Support legislation that preserves library patron privacy.
Energy
Support legislation that promotes the development and long-term sustainability of locally run Community Choice Aggregators (CCA).
Support legislation that promotes ratepayer equity between CCA’s and other public and private electrical utilities.
Oppose legislative attempts that shift wildfire costs associated with investor owned utility-caused events to the city and its residents.
Parks and Recreation
Support legislation and funding opportunities (e.g. federal and state park grant funds, conservancy grant funds, project mitigation funds, etc.) that helps cities build better, stronger communities by providing funding to improve air, water, parks, open space, natural resources, historic preservation, the arts and cultural resources.
Promote local agency control over policies that recognize the benefits of parks and recreation facilities.
Oppose efforts that erode funding for vital regional and community services that negatively impact Californian's access to parks, open space, bike lanes, after school programming, youth services, senior services, food programs, facilities that promote physical activity, protect natural resources, and strengthen safety and security.
Public Safety/Police
Support legislation that strengthens community-oriented public safety policies. Support legislation that would increase accountability and transparency and law enforcement agencies and personnel.
Support legislation that strengthens local law enforcement. Support legislation that strengthens penalties for repeat drug and property crime offenders.
Monitor legislation on implementation of best practices regarding law enforcement procedures.
Support measures that protect children and youth from exposure to tobacco and 162
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tobacco related projects such as e-cigarettes.
Fire and Emergency Medical Services
Support local control of emergency medical services and ambulance services, including pre-hospital care and transport.
Support local determination of adequate staffing based on data and analytics.
Cannabis
Oppose legislation seeking to undermine a locally adopted ordinance pertaining to the regulation, land use, and enforcement authority of medical and adult-use cannabis.
Transportation
Support legislation that would increase funding for local transportation projects including road resurfacing projects, green infrastructure projects, local transit projects, adding bicycle lanes, sidewalks and trails throughout the city where appropriate, programs that facilitate development-oriented transit and transit- oriented development and enhancing pedestrian safety.
Support increased State and Federal funding of transportation improvements with regional or sub-regional benefits for all modes of transportation. Support protection of dedicated transportation-related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities. Support joint planning efforts and projects with Foster City’s border cities on traffic congestion relief projects.
Public Works and Utilities
Support legislation that preserves net neutrality.
Support funding for broadband middle and last mile expenditures. Oppose measure that undermine local decision making in installation of broadband services.
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LEGISLATIVE POLICY
The intent of the legislative policy is to codify a process to allow the City to have quick and sustained engagement on legislative issues important to the City.
The City Manager will identify and inform Council on proposed legislation and other policy related matters that may have a direct and significant impact on the city’s fiscal, operational, and environmental health, and the overall quality of life enjoyed by Foster City residents and other stakeholders. This policy is not intended to limit the prerogative of individual Councilmembers from expressing their individual support for or opposition to any Local measure, or State proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing so, the member should clearly state that they are speaking for themselves, not on behalf of the Council or the City.
Position Adoption
In consultation with the Mayor, the City Manager shall be permitted to exercise discretion to adopt a formal legislative position without taking items to the full council so long as that the proposed position is in accordance with the City Councils adopted legislative platform.
In the case where a pending state legislative proposal falls outside of the scope of the approved legislative platform, that item will be placed on a future council agenda for review and consideration by the full council.
Legislative Positions
The City’s legislative positions, as further defined below, may be supported with additional advocacy efforts, including but not limited to:
Position letters, including updating said letters as legislation is amended and/ or advances through the process, fact sheets, and other legislative advocacy support materials.
Preparing staff and councilmember testimony to legislative committees and other legislative and regulatory bodies; and
In person meetings and phone calls with members of legislative and regulatory agencies.
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Possible position that can be adopted on legislation include:
Support – A support position indicates to the legislature, regulatory agencies, and other stakeholders, that Foster City is in favor of the legislation in question. Support if Amended – A support if amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that Foster City is in favor of the legislation in question, if the requested changes are adopted. Oppose – An oppose position indicates to the legislature, regulatory agency, and other stakeholders that Foster City is against the legislation in question. Oppose Unless Amended – An oppose unless amended position indicates to the legislature, regulatory agencies, and other stakeholders, that Foster City is against the legislation in question, unless the requested changes are adopted. Neutral – A neutral position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that Foster City is impartial on the legislation in question and does not wish to take a position or has formally removed their prior adopted position due to changes being made to the legislation or proposal (e.g., a bill that the city had an “oppose unless amended” position on was amended to address concerns, therefore the City is formally withdrawing its opposition and moving to a “Neutral” position).
Watch – A watch is traditionally an internal position which indicates the City of Foster City is monitoring the legislation. Should the bill be amended the City reserves its right to adopt a position as indicated above.
Council Communication
In order to ensure that the full Council is apprised of the City’s position, the City Manager shall notify the Council of an adopted legislative position. Furthermore, the City’s legislative consultant and/or staff shall provide biweekly 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 shall provide detailed periodic written updates to the full Council during key state legislative deadlines throughout each year.
Upon request of the Council the City’s legislative consultant can be asked to provide formal legislative updates to the full council during a regular scheduled council meeting. 165