DATE: November 6, 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: DRAFT 2024 STATE LEGISLATIVE PLATFORM AND POLICY
RECOMMENDATION
It is recommended that the City Council, by Minute Order, review, discuss, and provide feedback on the attached Draft 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 enable the City to proactively engage on a wide variety of state legislative proposals that may impact the City’s ability to operate effectively. The platforms convey 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.
Earlier this year, the City Council adopted its key priorities and initiatives for Calendar Year 2023. One of the goals that the Council identified was to establish a legislative platform to guide and advance the City’s advocacy efforts. A deliverable identified
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under this goal was to present a legislative platform and policy for Council consideration and adoption.
In August, City staff and RPPG held one-on-one deep dive sessions with each member of the Council for the purposes of developing the legislative platform. The ultimate goal was to craft a legislative platform that provides a framework that staff, and the consultant can continue to build upon each year. A primary takeaway from those meetings was the desire that staff bring back a reduced version of the platform for discussion versus the more comprehensive platform that was presented to Council in 2021.
As such, the 2024 Draft State Legislative Platform and Policy attached (Attachment 1) is a simplified version of what was presented to Council back in 2021. Should Council find the draft acceptable, staff proposes to bring back the final legislative platform and policy document for Council’s consideration and adoption as a consent item at the December 18, 2023, City Council Regular Meeting.
BACKGROUND/ANALYSIS
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. In 2023 alone, the State legislature introduced a total of 3,030 individual pieces legislative and budgetary items. 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.
As noted previously, by adopting a legislative platform and policy, the City will enhance its ability to monitor, analyze, and respond to complex and swift moving legislation in a timely manner. Near the end of the legislative session each year, hundreds of bills are amended and move quickly through the process. Some of these bills could have detrimental effects or unintended consequences for public agencies. A legislative platform and policy allow advocates to quickly educate lawmakers in Sacramento on how legislation will impact Foster City.
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Additionally, 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). The State legislative cycle moves fast and does not comport with the local government deliberate process (e.g., bringing each bill of interest to the Council for review, and adoption of a formal position). Through the legislative platform, the Council would grant flexibility for staff and RPPG to continue to engage on legislation that aligns with and/or defends the principles of the Council-adopted legislative platform. Actions may include reissuance of city position letters, negotiating on specific amendments and actions to ensure the City’s position is well represented in State policies.
Earlier this year, the City Council adopted its key priorities and initiatives for the calendar year 2023. One of the goals that the Council identified was to establish a legislative platform to guide and advance the City’s advocacy efforts. A deliverable identified under this goal was to present a legislative platform and policy for Council consideration and adoption.
In August, City staff and RPPG held one-on-one deep dive sessions with each member of the Council as well as spent considerable time with department heads and the City Managers Office for the purposes of developing the legislative platform. Meetings primarily focused on the following:
• State policies that have an impact on departmental operations • Assessing major issues/projects/initiatives that Council deemed important to the City and its residents.
• How best RPPG can support the City’s legislative advocacy efforts.
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 amended every other year in conjunction with the beginning of each two-year legislative session. However, should Council express an interest to make adjustments sooner, the process can be conducted on an annual basis.
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.
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.
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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, 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, 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 the City Council agenda for consideration.
4. The position letter will be sent to the bill’s author, the City’s legislative representatives, League of California Cities (Cal Cities), and other stakeholders as deemed appropriate.
5. A copy of the final letter will be distributed to the full City Council from the City Managers 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
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