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HomeMy WebLinkAbout12/14/2020 Staff: Committee Members: Jacqui Kitchen, Assistant City Manager Councilmember, Chris Parlier – Chair Councilmember, Andrae Gonzales Councilmember, Jacquie Sullivan Regular Meeting Of The Legislative And Litigation Committee of the City Council – City of Bakersfield Monday, December 14, 2020 12:00 p.m. City Hall North, First Floor, Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 A G E N D A 1. ROLL CALL 2. ADOPT SEPTEMBER 8, 2020 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Committee Discussion Regarding Development of Legislative Platform - Clegg 5. COMMITTEE COMMENTS 6. ADJOURNMENT SPECIAL NOTICE Public Participation and Accessibility December 14, 2020 Legislative and Litigation Committee On March 18, 2020, Governor Gavin Newsom issued Executive Order N-29-20, which includes a waiver of Brown Act provisions requiring physical presence of the Committee members or the public in light of the COVID-19 pandemic. Legislative and Litigation Committee Regular Meeting September 8, 2020 Agenda Page 2 Based on guidance from the California Governor’s Office and Department of Public Health, as well as the County Health Officer, in order to minimize the potential spread of the COVID-19 virus, the City of Bakersfield hereby provides notice that as a result of the declared federal, state, and local health emergencies, and in light of the Governor’s order, the following adjustments have been made: 1. The meeting scheduled for December 14, 2020, at 12:00 p.m. will have limited public access. 2. Consistent with the Executive Order, Committee members may elect to attend the meeting telephonically and to participate in the meeting to the same extent as if they were physically present. 3. The public may participate in each meeting and address the Committee as follows: • If you wish to comment on a specific agenda item, submit your comment via email to the City Clerk at City_Clerk@bakersfieldcity.us no later than 8:00 a.m. Monday, the day of the Committee meeting. Please clearly indicate which agenda item number your comment pertains to. • If you wish to make a general public comment not related to a specific agenda item, submit your comment via email to the City Clerk at City_Clerk@bakersfieldcity.us no later than 8:00 a.m. Monday, the day of the Committee meeting. • Alternatively, you may comment by calling (661) 326-3100 and leaving a voicemail of no more than 3 minutes no later than 8:00 a.m. Monday, the day of the Committee meeting. Your message must clearly indicate whether your comment relates to a particular agenda item, or is a general public comment. If your comment meets the foregoing criteria, it will be transcribed as accurately as possible. • If you wish to make a comment on a specific agenda item as it is being heard, please email your written comment to the City Clerk at City_Clerk@bakersfieldcity.us. All comments received during the meeting may not be read, but will be provided to the Committee and included as part of the permanent public record of the meeting. S:\Council Committees\2020\Legislative and Litigation\09_September Page 1 JK:pa Committee Members Staff: Jacqui Kitchen Councilmember, Chris Parlier, Chair Assistant City Manager Councilmember, Jacquie Sullivan Councilmember, Andrae Gonzales SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Tuesday, September 8, 2020 12:00 p.m. City Hall South, First Floor, Council Chambers 1501 Truxtun Avenue, Bakersfield, CA 93301 AGENDA SUMMARY REPORT The meeting was called to order at 12:00 p.m. 1. ROLL CALL Committee members Present: Councilmember, Chris Parlier, Chair Councilmember, Andrae Gonzales Councilmember, Jacquie Sullivan City Staff: Jacqui Kitchen, Assistant City Manager Anthony Valdez, Administrative Analyst III Virginia Gennaro, City Attorney Viridiana Gallardo-King, Christina Oleson, Deputy City Attorney I Christopher Boyle, Development Services Director Julie Drimakis, City Clerk Others Present: Member of the Public 2. ADOPT JULY 20, 2020 AGENDA SUMMARY REPORT The Report was adopted as submitted. /S/ Jacqui Kitchen DRAFT S:\Council Committees\2020\Legislative and Litigation\09_September Page 2 JK:pa: mc 3. PUBLIC STATEMENTS Several members of the public made comments regarding Urban Hens; one in opposition and four in support. 4. NEW BUSINESS A. Committee Discussion and Recommendation Regarding Urban Hens – Gennaro/Boyle City Attorney Gennaro provided a PowerPoint presentation summarizing a draft ordinance to allow for residential urban hens within city limits. Committee member Sullivan inquired about the setback requirement and distances between enclosures and residential buildings; thirty (30) feet for large properties and fifteen (15) feet with a reduction of allowable urban hens for smaller properties. Committee member Gonzales agreed with Committee member Sullivan and thanked staff for their time. He was also in agreeance with limiting urban hens to twelve (12) just like the County of Kern. Committee Chair Parlier inquired about the impacts the draft ordinance will have on staff, in particular Code Enforcement. Development Services Director Boyle stated impacts were anticipated but it was unknown to what extent at this time. Committee Chair Parlier agreed with limiting the number of allowable hens to twelve (12) and requiring a thirty (30) feet setback. City Attorney Gennaro will present the Committee’s feedback of the draft ordinance including the number of allowable hens, the setback requirements, and other potential options for allowing hens to the entire City Council. 5. COMMITTEE COMMENTS Committee member Sullivan thanked staff for all their efforts and research. 6. ADJOURNMENT The meeting adjourned at 12:49 p.m. DRAFT MEMORANDUM December 14, 2020 TO: LEGISLATION & LITIGATION COMMITTEE Chris Parlier, Chair Jacquie Sullivan Andrae Gonzales FROM: Christian Clegg, City Manager SUBJECT: State and Federal Legislative Programs The City Council Goals outline increased Legislative Advocacy as a priority initiative. Staff has prepared draft State and Federal Legislative Programs designed to guide the City’s legislative advocacy efforts. This memo provides background related to this topic and includes the draft programs for review and discussion. BACKGROUND Throughout each year, the State and Federal governments propose and enact legislation and engage in executive rulemaking, some of which affects local municipal government. The City monitors activity through municipal and professional associations to stay informed on proposed legislation from these bodies. There are many instances in which it is in the interests of the City to take a position on proposed legislation. While the City of Bakersfield has been fortunate to historically have supportive legislative delegations, there are opportunities to increase our legislative advocacy with greater energy and focus. The City of Bakersfield has also been fortunate to participate in the Big City Mayor’s advocacy efforts. However, moving forward the City anticipates playing a more active legislative advocacy role as the 9th largest city in the State. The City Council acknowledged this opportunity by including Legislative Advocacy as an Action Item within the City Council Goals. In addition, the Fiscal Year 2020-21 Adopted Budget allocates funding to pursue more proactive legislative advocacy, through staff resources for the Assistant to the City Manager position and through resources to contract with a state legislative advocacy firm. ANALYSIS Legislative advocacy will be most effective if the City pursues focused, strategic efforts. Legislative advocacy also often requires timely responses to proposed legislation or rulemaking. Adopting annual Legislative Programs helps to provide the necessary focus and guidance for our strategic efforts. It also signals to our delegation at the beginning of each legislative session the priorities and positions of the City. Furthermore, Legislative Programs provide the guidance to respond to legislation quickly as it relates to established positions of the City Council. The framework for the State and Federal Legislative Platforms establishes Legislative Principles, Priorities and Positions that provide direction for advocating for the City of Bakersfield. Legislative Principles are foundational, like a City Charter, and are not intended to be updated regularly. Legislative Positions are also broader statements that represent the City’s position over time, and while there will likely be some revisions and additions each year, these statements are typically applicable over time and remain in the annual program each year. Legislative Priorities are focused action items for which the City and our partners will take specific actions to pursue legislative wins. The Priorities are intended to be updated each year based on need and opportunity in achieving legislative successes. The Legislative Programs, specifically through the Legislative Priorities, set forth the City of Bakersfield’s strategy and action plan for advocacy each year. The attached draft Legislative Programs outline potential Legislative Priorities for the coming year. While staff has identified proposed Priorities, the setting of these Priorities is an important function of the Council and staff seeks guidance from the Committee. The first proposed Priority is outlined in a framework that includes a background, and position statement and action steps to achieve the City’s goals. As the Committee discusses and confirms recommended Priorities for next year, staff is prepared to provide additional information within this same framework for each Priority prior to adoption of the Legislative Programs. In addition, the Legislative Programs provide general authority and direction regarding advocacy efforts on behalf of the City to elected officials, City staff and the City’s legislative advocate. Staff has prepared recommended Legislative Principles and Positions for review and guidance by the Committee. For proposed legislation, either consistent with the City’s Legislative Program or consistent with legislative positions the City has taken in the past, the Programs authorize City staff to prepare position letters for Mayor, Vice Mayor, or City Manager signature. Members of City Council will remain informed by receiving copies of positions letters, but this approach allows the City to move quickly as needed. The City’s advocacy firm may also be authorized to express the City’s position in person to legislative representatives based on positions in the Legislative Programs. Items not addressed in the City’s Legislative Programs may still be required to be brought to the City Council for consideration. Some anticipated issues arise each legislative session. It is also worth noting that the Legislative Programs are intended only to address issues directly relevant to or impacting the provision of municipal services. Generally, the City will not address matters that are not pertinent to the City’s local government services such as partisan, socially divisive or international issues. RECOMMENDATION Review Legislative Programs and provide feedback and direction to staff. As finalized drafts of the Legislative Programs are completed based on guidance from this Committee, staff anticipates that the Committee would forward the Legislative Programs to the full Council for adoption. ATTACHMENTS Draft - 2021 State Legislative Program Draft - 2021 Federal Legislative Program Page 1 of 15 2021 State Legislative Program DRAFT Page 2 of 15 Bakersfield Mayor & City Council Karen Goh………….…....………….………….…………………………….…………………. Mayor Eric Arias…….……….....…………………………………….…………..……………………..Ward 1 Andrae Gonzales .………………………….……....……………………………………….. Ward 2 Ken Weir….……….………………………….……………..……………….……………………Ward 3 Bob Smith ……….……………….……………………………..…..……………………………Ward 4 Bruce Freeman .………………..……………………………………….……………..………Ward 5 Patty Gray……….....………………………………….….……..……..……………………….Ward 6 Chris Parlier ....…….…………………………….….………………….……………………….Ward 7 Page 3 of 15 Table of Contents Definitions .....................................................................................................................................................4 State of California Delegation ......................................................................................................................5 City Council Strategic Goals ..........................................................................................................................6 Legislative Program ......................................................................................................................................7 Legislative Principles .....................................................................................................................................8 2021 State Legislative Priorities ...................................................................................................................9 1. Advocate for our fair share of State Funding ...................................................................................9 2. Advocate for Advocate for reasonable and measured relief from state regulations related to energy and agriculture production ................................................................................................ 10 3. Advocate for and pursue State programs or funding initiatives in support of the regional Economic Prosperity Initiative ....................................................................................................... 10 4. Advocate for and pursue State programs or funding initiatives in support of the City’s affordable housing and downtown revitalization efforts ............................................................ 10 5. Advocate for our fair share of Caltrans funding for infrastructure and maintenance ................ 10 2021 State Legislative Positions ................................................................................................................ 11 Page 4 of 15 Definitions Legislative Program The Bakersfield City Council will adopt a Legislative Platform each calendar year. The Legislative Platform sets forth the City of Bakersfield’s legislative priorities and interests, and provides general authority and direction regarding advocacy efforts on behalf of the City to: The City Manager’s Office; City departments; and the City’s state legislative advocate. Legislative Principle Legislative Principles are foundational statements of broad legislative objectives or philosophies that form the basis for establishing Legislative Priorities and Positions. Legislative Priority Items receive designation as Legislative Priorities within the Legislative Program when it is anticipated that they will (1) have a significant impact on the City of Bakersfield; (2) require significant effort by City staff and/or the City’s state advocate; and (3) have a strategic action identified to address a high-level priority for the City. Legislative Position The City of Bakersfield has numerous areas of legislative interest beyond those that rise to the surface as Legislative Priorities. The City prepares position statements for both the themes of legislation and funding that regularly recur on the state level as well as new issues that arise each year in the legislative process. Legislative Positions provide background as to the importance of the issue to the City of Bakersfield and state the position of the City and any action that will be pursued to address it. Page 5 of 15 State of California Delegation Senate The Honorable Melissa Hurtado District 14 State Capitol Room 3070 Sacramento, CA 95814 The Honorable Shannon Grove District 16 State Capitol Room 305 Sacramento, CA 95814 Assembly The Honorable Rudy Salas District 32 P.O. Box 942849 Sacramento, CA 94249 The Honorable Vince Fong District 34 State Capitol Suite 2002 Sacramento, CA 94249 Page 6 of 15 City Council Strategic Goals 1 Quality Public Safety Services Provide consistent public safety and emergency services that support and enhance proactive law enforcement, improve police and fire response times, and reduce crime with emphasis on reducing gang violence, domestic violence, child abuse, assault, vehicle theft and property crime. 2 Address Homelessness Increase shelter capacity and identify targeted funding for services for homeless persons, providers for greater outreach, and more counseling to achieve a meaningful reduction in homelessness. 3 Maintain Fiscal Solvency Plan for stable and consistent fiscal solvency through prudent management of general fund reserves, facility replacement reserves, pension obligations, and evaluation for cost and operational efficiencies. 4 Enhance Quality of Life and Public Amenities Improve and enhance the condition of public amenities, parks, and streetscapes to bolster the quality of life for our community and leave a positive impression for visitors. 5 Strengthen and Diversify our Economic Base Streamline development processes and targeted investments and incentives in strategic areas throughout the City to increase economic activity and job creation. 6 Enhance Infrastructure Replace deteriorated streets, enhance infrastructure for pedestrian and bicycle safety, and meet the current schedule for construction of all phases of the Thomas Roads Improvement Program to improve the City’s transportation network for all users. 7 Promote Community Pride, Image, and Excellent Customer Service Provide superior customer service that empowers constituents to engage meaningfully with Councilmembers and staff and demonstrates the commitment and pride that employees and residents take in our community and its successes. 8 Invest in Urban Renewal and Downtown Development Revitalize established areas of the city such as Downtown Bakersfield, historic areas, and areas that are ineligible for federal funding for projects such as the installation of curb, gutter, sidewalks, and related infrastructure. Page 7 of 15 Legislative Program Purpose Throughout each year, the State Legislature proposes and enacts legislation, some of which affects local municipal government. The League of California Cities and contracted legislative advocacy firms keep the City of Bakersfield informed on proposed legislation from these bodies. At times, it is in the interests of the City to take a position on proposed legislation. The State Legislative Program establishes Legislative Principles, Priorities and Positions that provide direction for advocating for the City of Bakersfield with the state government. Process For proposed legislation, either consistent with the City’s Legislative Program or consistent with legislative positions the City has taken in the past, City staff shall be authorized to prepare position letters for Mayor, Vice Mayor, or City Manager or Mayor signature. All members of City Council shall receive copies of sent position letters. The City’s advocacy firm may also be authorized to express the City’s position in person to legislative representatives. Items not addressed in the City’s Legislative Priorities may require they be brought to the City Council for consideration. These legislative priorities may only address issues directly relevant to or impacting the provision of municipal services. Generally, the City will not address matters that are not pertinent to the City’s local government services such as partisan, socially divisive or international issues. Page 8 of 15 Legislative Principles In its relationship with the state government, the City will always: • Seek the broadest authority for our citizens and the City Council to make decisions locally • Seek out, develop, and support legislative and budget efforts that protect and/or enhance local governments revenues, maximize the City’s access to funding, and/or increase local funding flexibility • Support legislative and budget action that will provide robust funding for domestic infrastructure, public safety, community development and economic development programs which support City efforts to maintain and enhance the quality of life • Oppose legislative or administrative actions that have negative fiscal impacts to the City • Oppose legislative or administrative actions which would create unfunded mandates and/or preempt local decision making authority • Encourage and seek legislation to facilitate orderly and sustainable economic expansion and growth, and increase the opportunity for discretionary revenues and programmatic and financial flexibility for the City • Seek opportunities to help our partners achieve success in order to further improve the community • Support legislation that furthers the adopted City Council Goals It is within this philosophy that the attached state legislative priorities and positions are adopted. Page 9 of 15 2021 State Legislative Priorities 1. Advocate for our fair share of State Funding 2. Advocate for reasonable and measured relief from state regulations related to energy and agriculture production 3. Advocate for and pursue State programs or funding initiatives in support of the regional Economic Prosperity Initiative 4. Advocate for and pursue State programs or funding initiatives in support of the City’s affordable housing and urban revitalization efforts 5. Advocate for our fair share of Caltrans funding for infrastructure and maintenance 1. Advocate for our fair share of State Funding Background: The City of Bakersfield has been successful in receiving state funding through both project specific earmarks and competitive funding application processes. However, there are opportunities to develop more positive working relationships with state agencies and explain our unique needs. In addition, the City has experienced reduction in funding from the state as a result of direct removal of revenues previously remitted to municipalities examples of which include Vehicle License Fee revenues and Redevelopment Agency revenues. Position: The City of Bakersfield should more aggressively target earmark funding when available by establishing priority projects and advocating for available funding to our state delegation. Priority projects will be identified each year based on the strategic needs of the City while taking into consideration the eligibility of projects for the funding sources available and the likelihood of funding advocacy efforts being successful. The City of Bakersfield should also leverage the Sacramento presence of our state advocate to develop positive working relationships with key state agency executives. The City should also advocate for maintaining funding levels for priority state agency programs. In addition, the City should target funding opportunities that will have the most beneficial impact to General Fund operations. Furthermore, the City should oppose any state actions that reduce funding to municipalities or create unfunded mandates. Action: Advocate for the following priority project list for consideration in grant applications and for direct funding when available: o List specific projects o Gang prevention, intervention, and suppression o Youth services and programs o Recovery of Vehicle License Fee (VLF) revenues taken by the state o Projects or programs that would support implementation of the Bakersfield Economic Development Strategic Plan o Rehabilitation or development of new park or open spaces in underserved areas or in disadvantaged communities with limited options for active lifestyles Page 10 of 15 Action: Advocate for programs providing additional funding for public safety and violence prevention o Pursue grant funding in support of violence reduction and gang intervention o Advocate for funding for early diversion and deflection programs o Advocate for funding programs designed to outreach to at-risk youth for education and training Action: Advocate for equitable processes and equitable sharing of resources related to new State funding sources or State Bond issuances. Advocate for equity in allocating new funding for transportation, floodplain management, affordable housing, homelessness and public park infrastructure. Action: Oppose legislation or executive action that reduces funding to the City or creates an unfunded mandate. 2. Advocate for reasonable and measured state regulations related to energy and agriculture production 3. Advocate for and pursue State programs or funding initiatives in support of the regional Economic Prosperity Initiative 4. Advocate for and pursue State programs or funding initiatives in support of the City’s affordable housing and urban revitalization efforts 5. Advocate for our fair share of Caltrans funding for infrastructure and maintenance Page 11 of 15 2021 State Legislative Positions 1. Protect Local Control 2. Protect local Revenues and Funding for Vital Community Services 3. Public Safety 4. Infrastructure Investment 5. Improve the Quality of Life and Sustainability of the City 6. Employment and Labor Relations 7. Protection of the agriculture and energy production industries 1. Protect Local Control Support efforts that are consistent with the doctrine of "home rule" and the local exercise of police powers, through planning and zoning processes, over local land use. Oppose legislation that negatively impacts the City Council's authority to manage and control the public right-of-way and for the City to receive compensation for its use. 2. Protect Local Revenues and Funding for Vital Community Services The City acknowledges the State’s financial challenge, but the City will oppose efforts that capture or divert local revenue or efforts which shift responsibility for State services or programs to local government without commensurate revenue. Support full reimbursement to cities for all State mandates. Oppose legislation that eliminates or restricts the taxing authority of cities; weakens existing Government Code section 66000 fee authority; or redefines any development tax, condition, or other monetary change as development fees. Support legislation that protects the ability of cities to recover the costs of mandated programs through fees that are exempt from Proposition 218 as well as potential exemptions for stormwater infrastructure projects. Support efforts to restore local authority and control over revenues, governance, and service delivery as well as protect local governments against unfunded mandates. Oppose any legislation that attempts to allocate additional general liability exposure to cities or that seeks to prohibit the ability of cities to seek maximum indemnification from other parties in the contractual process. Support efforts to allocate State revenues to local government projects that fund affordable housing. Page 12 of 15 Advocate for grants or loans to upgrade municipal irrigation systems and install smart controls. Advocate for further grants to upgrade and maintain the urban forest. Advocate for state taxation policies and procedures that ensure that taxing authorities and services provided by the City are fairly and adequately funded. Support legislative efforts that maximize reimbursement to local governments for medical transport and fire responder paramedic services to individuals that are beneficiaries of state and federal medical coverage. 3. Public Safety Support funding for local law enforcement equipment, services, or personnel. Support legislation that allows use of state public safety grants for intervention and prevention efforts to curb gang crime and youth violence. Support legislation that would provide cities with a greater share of fines and forfeitures. Support legislation that allows law enforcement to better combat gun violence through investigation, interdiction, and prevention of firearm related crimes. Support legislation that allows use of state public safety grants for maintenance efforts in addition to service increases. Support legislation and administrative actions that protect the City’s interests related to the AB 109 public safety realignment initiative including but not limited to equitable distribution of funding and policies that do not unfairly impact Bakersfield and Kern County. Ensure local discretion in the adoption and implementation of health and safety standards contained in the building and fire codes. Oppose legislation that mandates local building and fire code standards that negatively impact the health and safety of the community and add undue burden and investment in the City. Support funding for local emergency operations including equipment, services, and personnel. 4. Infrastructure Investment Advocate for state funding and transportation re-authorizations that support City infrastructure projects and City programs including projects adopted in the Capital Improvement Plan (CIP). Support increased funding to enhance existing public transportation programs. Page 13 of 15 Advocate for state funding for street, road, and alleyway repair within the City of Bakersfield. Advocate that fundamental responsibility for transportation decision making should be at the local level. Oppose any state reductions to existing transportation grants and programs. Oppose legislation that limits and/or decreases the existing amount of retention proceeds withheld from any payment by a public entity to a contractor on a public project. Support equitable long-range, statewide infrastructure investment. Advocate for fair implementation and distribution of state infrastructure bond funds to assure the City receives an adequate share for local improvements and programs. Advocate for trails and landscape grants consistent with landscape, street scape and public access improvement plans of the City. Support legislation and regulations that provide addition funding for public parks and advocate that Bakersfield receive equitable funding from statewide revenues. Advocate for state funding opportunities that support energy efficient technology initiatives (i.e. green data center) or those that support digital City initiatives. Oppose additional mandated storm water pollution prevention measures that are not accompanied by funding or a mechanism to provide for funding. Support legislation creating sustainable funding sources to assist local governments with obligations under federal storm water regulations. Support legislation that provides a mechanism to fund the construction, operations, maintenance, and administration of storm water programs and projects that improve quality, minimize runoff, maximize infiltration and beneficial uses, maximize flooding protection, and minimizes negative environmental impacts. Oppose additional mandated storm water pollution prevention measures that are not accompanied by funding or a mechanism to provide for funding. 5. Improve the Quality of Life and Sustainability of the City Support efforts that impact the City’s ability to enhance the well-being, quality of life, health, and safety of residents; and stabilize and enhance jobs and economic growth. Support legislation that provides economic development and redevelopment tools and programs for municipalities, particularly tools to assist urban revitalization. Page 14 of 15 Support legislation and State funding that is consistent with the City’s Economic Development Strategic Plan. Support legislation and State funding that would support educational efforts in the City of Bakersfield and improve educational outcomes. Support legislation and State funding that would increase access to higher education for Bakersfield residents. Support legislation that provides financial support and incentives for programs that provide affordable housing for disabled and low-income residents, families, and senior adults. Support legislation that protects and maintains existing affordable housing opportunities for disabled and low income residents, families, and senior adults. Support legislation and funding for energy-efficiency projects and programs for public buildings and facilities. Support legislation providing funding for the acquisition and restoration of wildlife habitat. Support statewide funding for rehabilitation, development and capital improvements for local and state park and recreation agencies. Oppose legislation that has a negative impact on park and recreation agencies including the sale of parks and open space. Support access for all Californians to physical activity and nutrition through parks and open space, active transportation (bicycles and pedestrians, trails, complete streets, use of easements), healthy foods, youth programs, and joint use of schools. Ensuring that funding and support for technology are present for workforce development efforts, individual learning, entrepreneurial/business centers, and lifelong learning. 6. Employment and Labor Relations Oppose legislation that limits local control of hiring practices or the ability to determine the terms and conditions of employment. Support legislation that creates a fair and balanced workers compensation system for both employers and employees with an emphasis on cost containment and returning employees to work as soon as possible; oppose legislation that puts either the employer or employee at a disadvantage or increases the cost of workers compensation insurance in the State. Page 15 of 15 7. Protection of the agriculture and energy production industries Oppose legislation or governance that has undue negative impacts to the agriculture and energy production industries. Support legislation and governance that provides for protections and reasonable accommodations for the agriculture and energy production industries. Oppose legislation or governance that attempts to supersede adopted planning documents or projects that have already been approved through appropriate processes. Support legislation providing funding and other means development of water and energy related technologies that support the agriculture and energy production industries. Support legislation protecting existing water supply. Page 1 of 14 2021 Federal Legislative Program DRAFT Page 2 of 14 Bakersfield Mayor & City Council Karen Goh………….…...………….………….…………………………….…………………. Mayor Eric Arias…….……….....………………..………………….…………..……………………..Ward 1 Andrae Gonzales ………………………….……....……………………………………….. Ward 2 Ken Weir….………………………………….……………..……………….……………………Ward 3 Bob Smith ……………………….……………………………..…..……………………………Ward 4 Bruce Freeman ………………..……………………………………….……………..………Ward 5 Patty Gray……….....………………………………….….……..…....……………………….Ward 6 Chris Parlier…..………………………………….….………………….……………………….Ward 7 Page 3 of 14 Table of Contents Definitions ....................................................................................................................................... 4 Washington D.C. Delegation ........................................................................................................... 5 City Council Strategic Work Plan .................................................................................................... 6 Legislative Program ......................................................................................................................... 7 Legislative Principles ....................................................................................................................... 8 2019 Federal Legislative Priorities .................................................................................................. 9 1. Advocate for Federal funding ................................................................................................ 9 2. Pursue Federal resources for transportation and infrastructure ....................................... 10 3. Pursue Federal resources to enhance public safety ............... Error! Bookmark not defined. 4. Pursue federal programs which provide assistance and resources to distressed communities ................................................................................................................................................... 10 5. Promote legislation and regulation that preserve local autonomy ................................... 10 2019 Legislative Positions ............................................................................................................. 11 Page 4 of 14 Definitions Legislative Program The Bakersfield City Council will adopt a Legislative Platform prior to the beginning of each calendar year. The Legislative Platform sets forth the City of Bakersfield’s legislative priorities and interests, and provides general authority and direction regarding advocacy efforts on behalf of the City to: The City Manager’s Office; City departments; and the City’s federal legislative advocate. Legislative Principle Legislative Principles are foundational statements of broad legislative objectives or philosophies that form the basis for establishing Legislative Priorities and Positions. Legislative Priority Items receive designation as Legislative Priorities within the Legislative Program when it is anticipated that they will (1) have a significant impact on the City of Bakersfield; (2) require significant effort by City staff and/or the City’s federal legislative advocate; and (3) have a strategic action identified to address a high-level priority for the City. Legislative Position The City of Bakersfield has numerous areas of legislative interest beyond those that rise to the surface as Legislative Priorities. The City prepares position statements for both the themes of legislation and funding that regularly recur on the federal level as well as new issues that arise each year in the legislative process. Legislative Positions provide background as to the importance of the issue to the City of Bakersfield and state the position of the City and any action that will be pursued to address it. Page 5 of 14 Washington D.C. Delegation The Honorable Kevin McCarthy The Honorable David Valadao Republican Leader District 21 District 23 U.S. House of Representatives U.S. House of Representatives TBD 2468 Rayburn House Office Building Washington, DC 20515 The Honorable Dianne Feinstein Pending United States Senate United States Senate 331 Hart Building TBD Washington, DC 20510 Washington, DC 20510 Page 6 of 14 City Council Strategic Work Plan 1 Quality Public Safety Services Provide consistent public safety and emergency services that support and enhance proactive law enforcement, improve police and fire response times, and reduce crime with emphasis on reducing gang violence, domestic violence, child abuse, assault, vehicle theft and property crime. 2 Address Homelessness Increase shelter capacity and identify targeted funding for services for homeless persons, providers for greater outreach, and more counseling to achieve a meaningful reduction in homelessness. 3 Maintain Fiscal Solvency Plan for stable and consistent fiscal solvency through prudent management of general fund reserves, facility replacement reserves, pension obligations, and evaluation for cost and operational efficiencies. 4 Enhance Quality of Life and Public Amenities Improve and enhance the condition of public amenities, parks, and streetscapes to bolster the quality of life for our community and leave a positive impression for visitors. 5 Strengthen and Diversify our Economic Base Streamline development processes and targeted investments and incentives in strategic areas throughout the City to increase economic activity and job creation. 6 Enhance Infrastructure Replace deteriorated streets, enhance infrastructure for pedestrian and bicycle safety, and meet the current schedule for construction of all phases of the Thomas Roads Improvement Program to improve the City’s transportation network for all users. 7 Promote Community Pride, Image, and Excellent Customer Service Provide superior customer service that empowers constituents to engage meaningfully with Councilmembers and staff and demonstrates the commitment and pride that employees and residents take in our community and its successes. 8 Invest in Urban Renewal and Downtown Development Revitalize established areas of the city such as Downtown Bakersfield, historic areas, and areas that are ineligible for federal funding for projects such as the installation of curb, gutter, sidewalks, and related infrastructure. Page 7 of 14 Legislative Program Purpose Throughout each year, the United States Congress proposes and enacts legislation, some of which affects local municipal government. Our legislative delegation, national associations and partner agencies keep the City of Bakersfield informed on proposed legislation from these bodies. At times, it is in the interests of the City to take a position on proposed legislation. This Legislative Program establishes Legislative Principles, Priorities and Positions that provide direction for advocating for the City of Bakersfield with the federal government. Process For proposed legislation, either consistent with the City’s Legislative Program or consistent with legislative positions the City has taken in the past, City staff shall be authorized to prepare position letters for Vice Mayor, City Manager or Mayor signature. All members of City Council shall receive copies of sent position letters. The City may also authorize our legislative delegation to express the City’s position in person to federal agencies or stakeholders on federal issues. Items not addressed in the City’s Legislative Priorities may require they be brought to the City Council for consideration. These legislative priorities may only address issues directly relevant to or impacting the provision of municipal services. Generally, the City will not address matters that are not pertinent to the City’s local government services such as partisan, socially divisive or international issues. Page 8 of 14 Legislative Principles In its relationship with the federal government, the City will always: • Seek the broadest authority for our citizens and the City Council to make decisions locally • Seek out, develop, and support legislative and budget efforts that protect and/or enhance local governments revenues, maximize the City’s access to funding, and/or increase local funding flexibility • Support federal legislative and budget actions that will provide robust funding for domestic infrastructure, public safety, community development and economic development programs which support City efforts to maintain and enhance the quality of life • Oppose legislative or administrative actions that have negative fiscal impacts to the City • Oppose legislative or administrative actions which would create mandates and/or preempt local decision-making authority • Encourage and seek legislation to facilitate orderly and sustainable economic expansion and growth, and increase the opportunity for discretionary revenues and programmatic and financial flexibility for the City • Seek opportunities to help our partners achieve success in order to further improve the community • Support legislation that furthers the adopted City Council Goals It is within this philosophy that the attached federal legislative priorities and positions are adopted. Page 9 of 14 2019 Federal Legislative Priorities 1. Advocate for Federal funding 2. Pursue Federal resources for transportation and infrastructure 3. Pursue Federal resources to enhance public safety 4. Pursue Federal programs or funding initiatives in support of the City’s Economic Development Strategic Plan 5. Advocate for federal regulations that protect priorities economic development industries including agriculture and energy production 1. Advocate for Federal funding Background: In previous years, the City of Bakersfield has received significant federal funding through congressional earmarks and has successfully positioned grant applications for favorable review. The current federal funding strategy is structured around the potential reintroduction of direct allocations and the continued pursuit of grant funding. In light of this environment, advocating for robust funding levels in beneficial programs will be as important as targeting those programs for grant applications and earmark requests. Position: The City of Bakersfield must advocate for the continued preservation and enhancement of funding allocations for critical federal agency programs. The City should develop a priority project list to target discretionary funding from agencies, seek specific policy changes that would benefit specific projects, and position projects for earmark funding that may be available in the near future. The City should identify, complete and advocate for priority consideration in grant funding applications, which includes securing congressional letters of support. Action: Advocate maintaining funding for priority federal agency programs including: o Department of Justice Programs, specifically the Community Oriented Policing Services (COPS), Office of Violence Against Women and Edward Byrne Justice Assistance Grant (JAG) programs o BUILD Grants, Highway Funding and Transit Funding o Community Development Block Grant (CDBG), Home Investment Partnership Program (HOME) and Emergency Solutions Grant (ESG) programs o Assistance to Firefighter Grants (AFG) and Staffing for Adequate Fire and Emergency Response (SAFER) Action: Establish a priority project list for consideration in grant applications and future potential earmarks: o Public Safety: Gunshot detection software, interoperability, prevention and intervention  Increased Gunshot detection software deployment throughout the City  Radio Interoperability  Prevention and Intervention programs o Transportation and Infrastructure:  Hageman Flyover Page 10 of 14  Rosedale Highway Widening Project  White Lane Rehabilitation  Street Light Conversions  Stormwater Infrastructure  Kern River Parkway o Economic Development  Brownfields  Urban revitalization  Neighborhood revitalization Action: Advocate for legislation and federal funding authorizations that benefit the City of Bakersfield and maximize local tax authority and flexibility o Support long term transportation and infrastructure authorizations including the reauthorization of the FAST ACT o Support full funding for transportation and infrastructure programs with an 80/20 federal to local funding structure 2. Pursue Federal resources for transportation and infrastructure 3. Pursue Federal resources to enhance public safety 4. Pursue Federal programs or funding initiatives in support of the City’s Economic Development Strategic Plan 5. Advocate for federal regulations that protect priorities economic development industries including agriculture and energy production Page 11 of 14 2021 Legislative Positions 1. Protect Local Control 2. Protect local Revenues and Funding for Vital Community Services 3. Public Safety 4. Infrastructure Investment 5. Improve the Quality of Life and Sustainability of the City 6. Delta Protection and Enhancement 1. Protect Local Control Support efforts that are consistent with the doctrine of "home rule" and the local exercise of police powers, through planning and zoning processes, over local land use. Oppose legislation that negatively impacts the City Council's authority to manage and control the public right-of-way and for the City to receive compensation for its use. 2. Protect local Revenues and Funding for Vital Community Services Oppose reductions to federal agency programs that fund local government services, particularly in instances where communities have come to depend on federal funding to maintain services. Support full reimbursement to cities for all federal mandates. Support efforts to restore local authority and control over revenues, governance, and service delivery as well as protect local governments against unfunded mandates. Oppose legislation that would negatively impact the City’s ability to issue municipal bonds, including elimination of the tax-exempt status for municipal bonds. Oppose legislation that would eliminate or limit existing local taxing authority including Internet sales tax collection and broadband internet taxes; support legislation that would protect local control of taxing authority and revenue collection. 3. Public Safety Support funding for local law enforcement equipment, services, or personnel. Support legislation that allows use of federal public safety grants for intervention and prevention efforts to curb gang crime and youth violence. Support legislation that would provide cities with a greater share of fines and forfeitures. Support legislation that allows law enforcement to better combat gun violence through investigation, interdiction, and prevention of firearm related crimes. Support legislation that allows use of federal public safety grants for maintenance efforts in addition to service increases. Page 12 of 14 Ensure local discretion in the adoption and implementation of health and safety standards contained in the building and fire codes. Support funding for local emergency operations including equipment, services, and personnel. 4. Infrastructure Investment Advocate for federal funding for transportation and other infrastructure that support City projects and City programs including projects adopted in the Capital Improvement Plan (CIP). Support increased funding to enhance existing public transportation programs. Advocate for federal funding for street, road, and alleyway repair within the City of Bakersfield. Advocate that fundamental responsibility for transportation decision-making should be at the local level. Oppose any federal reductions to existing transportation grants and programs. Oppose legislation that limits and/or decreases the existing amount of retention proceeds withheld from any payment by a public entity to a contractor on a public project. Advocate for trails and landscape grants consistent with the Waterfront Connections Plan that calls for further landscape, streetscape and public access improvements to the Bakersfield Deep Water Channel. Advocate for legislation that establishes a new, long term and secure transportation bill as opposed to continued short-term extensions of MAP-21. Advocate for legislative and federal funding in support of the Transportation Alternatives Programs. Advocate for streamlining and greater efficiencies related to environmental restrictions and obstacles on major federally funded projects. Advocate for revisions to the transportation funding process to waive NEPA requirements in deference to State of California CEQA requirements. Support executive actions or legislation that streamlines federal transportation and other infrastructure funding processes or the federal stimulus funding process, if applicable. Advocate to our delegation for legislative adjustments that would streamline the transportation and other infrastructure funding processes. Support legislation or executive rule making that balances scarcity of local infrastructure resources, scope of street resurfacing projects and the City’s commitment to enhancing accessibility of City infrastructure. Advocate for revisions to ADA rules requiring extensive accessibility modifications on street resurfacing projects without capacity improvements or geometric changes. Page 13 of 14 Support legislation and executive programs providing funding or tax credits for broadband Internet infrastructure to public facilities Support legislation or executive programs that provide local communities with low-cost loans to build networks of sidewalks, bikes lanes and paths. Support federal funding for parks and recreation infrastructure in metropolitan areas, including appropriate revisions to the Land and Water Conservation Fund that would provide for a larger allocation of state and local grants for recreation and conservation. Support legislation and regulation that respond to recurring drought conditions and earthquake preparedness and provide increased opportunity for water conservation, storage, watershed planning, and water infrastructure improvement. Support legislation that provides a mechanism to fund the construction, operations, maintenance, and administration of storm water programs and projects that improve quality, minimize runoff, maximize infiltration and beneficial uses, maximize flooding protection, and minimizes negative environmental impacts. Oppose legislation or regulation that imposes excessive costs on local governments to achieve storm water and other Clean Water Act objectives. Oppose additional mandated storm water pollution prevention measures that are not accompanied by funding or a mechanism to provide for funding. Support legislation creating sustainable funding sources to assist local governments with obligations under federal storm water regulations. 5. Improve the Quality of Life and Sustainability of the City Support efforts that impact the City’s ability to enhance the well-being, quality of life, health, and safety of residents; stabilize and enhance jobs and economic growth; and improve the environment. Support legislation and funding that is consistent with the City’s Economic Development Strategic Plan. Support legislation that protects and maintains existing affordable housing opportunities for disabled and low-income residents, families, and senior adults. Support legislation which addresses the health, welfare, and economic needs of at-risk populations. Support federal funding of programs providing nutrition for children, older individuals and other at-risk populations. Page 14 of 14 Support legislation or executive programs that strengthen and expand education and encourage partnerships between school districts, parks and other community-based organizations in an effort to help children and families be more physically active outdoors. Oppose legislation that has a negative impact on park and recreation agencies including the sale of parks and open space. Support legislation and funding for energy-efficiency and water conservation projects and programs for public buildings and facilities. Support legislation providing funding for the acquisition and restoration of wildlife habitat. 6. Protection of the agriculture and energy production industries Oppose legislation or governance that has undue negative impacts to the agriculture and energy production industries. Support legislation and governance that provides for protections and reasonable accommodations for the agriculture and energy production industries. Oppose legislation or governance that attempts to supersede adopted planning documents or projects that have already been approved through appropriate processes. Support legislation providing funding and other means development of water and energy related technologies that support the agriculture and energy production industries. Support legislation protecting existing water supply.