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HomeMy WebLinkAbout012521 - ArataFrom:Mike Arata To:Diane Friedmann Subject:Proposed Legislative Framework Updates Date:Tuesday, January 12, 2021 3:22:48 PM Attachments:Recommended Updates, Legislative Framework, 01-12-21.docx Recommended Updates, Legislative Framework, 01-12-21.pdf***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFFThis email originated from outside of the Town of Danville and was not sent from aTown Staff member! Do not click on links or open attachments unless you recognize thesender and know the content is safe. Hi, Diane -- Attached is what I propose in the way of addenda / amendments to the Legislative Framework, in Word and PDF form (the latter in case of any formatting differences in separate versions of Word). The two pages in each version are followed with a third-page restatement of my rationales. I'll give you a call to follow up. Thanks for taking time yesterday, already, to discuss the matter! Mike Arata (925) 837-2256 (home/office) (408) 314-3495 (cell) Town of Danville Legislative Framework — Town Council Legislative Committee Overview The Town of Danville is actively engaged in legislative advocacy efforts that are aimed at protecting and promoting Danville’s best interests at the local, state and federal levels. These efforts are driven by two primary considerations: 1) continuing to uphold the Town mission of delivering superior municipal services that make people’s lives better; and 2) an increasing level of state involvement and regulation in areas that have previously fallen within local control. The significant increase in bills being introduced in the S tate L egislature that have the potential to further impact cities’ local control has prompted the Town to continue to expand advocacy efforts through various means and channels. Key to these efforts is the development of this Legislative Framework which outlines the Town’s legislative principles, policies, goals and strategies. The Framework will be monitored and driven by a Town Council Legislative Committee. Legislative Goals • Communicate to the Town’s residents those legislative and agency-rulemaking matters which are of potentially general interest or concern, via public notice of related Legislative Committee and Town Council meeting-agenda items — and as appropriate and reasonable, based upon the import and intended or anticipated effect of such legislative matters, via notice to local print and electronic media. • Advocate the Town’s legislative interests at the federal, state, regional, and county levels to support our Town’s vision and mission. • Serve as an active participant with other local governments, the League of California Cities, regional agencies, and local professional organizations on in addressing legislative issues that are important to the town and our region. • Participate in the Tri-Valley Cities coalition to work together on legislative issues, projects and initiatives at the federal, state, regional and county levels, consistent with Danville’s best interests. • Seek grant and funding assistance for Town projects, services, and programs. Legislative Principles To fulfill the goals identified, the Town supports legislation and policies that favor: 1. Outstanding Quality of Life - provide opportunities to protect and enhance our residents’ quality of life through active living, a healthy lifestyle and diverse recreational services. 2. Community Safety - provide access to resources and services for residents, such as quality police, fire, emergency management, emergency medical services, services for vulnerable populations and community benefit efforts. 3. Local Control over Land Use and Preservation - ensures the Town’s continued ability and authority to exercise decisions on land -use matters and reasonably regulate new development to ensure consistency with Town design standards. The orderly growth and development of the Town together with the preservation of open space is a high priority for the Danville community. 4. Foster Economic Vitality and Growth - provide funding for initiatives that promote: economic health and resilience, business development, workforce development, and small business entrepreneurship training and assistance. 5. Public Infrastructure -enable continued improvement and maintenance of the Town’s public infrastructure. 6. Transportation - provide funding for planning and implementation of regional transportation projects. 7. Housing - seek balanced solutions which consider housing, jobs, and transportation together; does not take a one size fits all approach; provides funding and resources for infrastructure and allows the Town to exercise local control in developing locally appropriate plans that meet State objectives in a manner that is compatible with existing community character. 8. Support Residents Growth and Enrichment - enhance and encourage recreational programming, exercise, use of parks and services, community engagement, social and recreational experiences; and performing and visual arts. 9. Sustainability - enable sustainable development, conserve natural resources, and provide resources to enable environmental awareness and health in our community and source vendors that comply with California environmental requirements that protect public health and air quality. 10. Fiscal Sustainability - protect existing federal, state, and local funding sources that provide revenues to the Town of Danville. Oppose u nfunded m andates and legislation that seeks to impose any requirement upon the Town that is not fully funded; aid recovery of Town costs stemming from State and/or Federal mandates. Town Council Legislative Committee • The Legislative Committee will shall consist of two members of the Town Council to be appointed annually by the Mayor, supported by appropriate Town staff. • The committee will shall meet as frequently as monthly to review and discuss the Town’s legislative platform and pending/possible legislation. • The committee will shall develop positions on pending or possible legislation and make recommendations for consideration by the Town Council. Recommendations will be based upon a determination of potential legislative impacts upon the Town and its residents. Potential positions to be considered include: o Support: Legislation that the Town should support as drafted o Support if Amended: that the Town should support if the author accepts amendments proposed or supported by the Town o Oppose: Legislation that the Town should oppose as drafted o Oppose unless amended: Legislation the Town should oppose unless amended o Watch: Town will take no formal position but will watch the Legislation and consider taking a position as the legislative process progresses • Once the Legislative Committee or Town Manager and Town Council determine that a legislative proposal may impact the Town, a letter outlining the Town’s position will shall be drafted for the Mayor’s or Town Manager’s signature. • Recognizing that legislative proposals and agency rulemaking may sometimes advance or change rapidly, the Town Manager is authorized to act expeditiously but cautiously at such moments of genuine urgency in drafting and transmitting a letter stating the Town’s assumed position on such legislation and rulemaking, consistent with Legislative Goals and Legislative Principles. • Notice of such expeditious action by the Town Manager shall be transmitted simultaneously to Town Council members, thence to be publicly agendized for discussion and appropriate follow-up action at the next subsequent Council meeting. Notice of such action shall also be provided to local print and electronic media. • The C ommittee will shall make regular reports to the Town Council at duly noticed public meetings. • The C ommittee will shall work collaboratively with Tri-Valley Cities of Dublin, Livermore, Pleasanton and San Ramon to further the Tri-Valley Legislative Framework, consistent with Danville’s best interests. Strategic Documents The following documents are available on the Town’s website at www.danville.ca.gov • Town Vision and Mission Statements • Town of Danville General Plan 2030 • Town of Danville Adopted Budget and Capital Improvement Program • Town of Danville Recreation, Arts & Community Services Master Plan • Town of Danville Climate Action Plan Consistent with existing third black bullet point above! The Legislative Framework will shall be reviewed annually by the Town Council. Day to day oversight of legislative matters is the responsibility of the Town Manager’s Office, consistent with this Legislative Framework and policy set by the Town Council. Reasoning behind proposed alterations: 1. The latest Legislative Framework iteration — after restating the original Committee-review process — now suddenly and explicitly allows the Town Manager unilaterally to bypass or ignore it, once again without notice or public discussion (i.e., “Once the Legislative Committee or Town Manager determine that a legislative proposal may impact the Town….” [emphasis added). That makes things worse than before. 2. Town Council and Town staff took care in late 2019 to specify a workable process for consideration (and rejection or approval) of pending legislation by the Legislative Committee and then the Town Council Committee of the whole (in both cases, acting as elected representatives of Danville residents). The end result should not be to leave determination of the Town’s position as forthcoming from either the Council or the unelected Town Manager. 3. Quoting the first line of the Legislative Framework: “The Town of Danville is actively engaged in legislative advocacy efforts that are aimed at protecting and promoting Danville’s best interests at the local, state and federal levels” [bold and underline emphasis added]. 4. Representing the best interests of the Town and its residents is distinctly NOT what happened in the case of SB1349, the sneaky, double-talk legislation which effectively overturns California’s statutory 2% cap on local sales taxes in Contra Costa County. (California Revenue and Taxation Code section 7251.1: “The combined rate of all [sales taxes] in any county may not exceed 2 percent. No tax shall be considered… if, upon its adoption, the combined rate in the county will exceed 2 percent.”) 5. SB1349 enabled placement of Measure X — a County-wide half-percent sales tax increase (at a time of COVID-19 financial distress for individuals and businesses) on the November 3 ballot. Itself remarkably deceptive, Measure X advertised special purposes, but was in fact a general tax measure, requiring only a bare majority for passage. The measure did pass, with a 58.5% affirmative County total. 6. But 57.2% of Danville voters REJECTED Measure X — an even higher percentage than the 56.0% of Danville voters who rejected Measure J (the Transportation Authority’s sales tax on the March ballot). 7. So had SB1349 and what it enabled been explained to Danville voters and the Town’s local business community, they would likely have opposed that bill at the outset. Instead, an endorsement of the measure was forwarded immediately and unilaterally back to and at the request of Judy Lloyd and Sen. Glazer (with copies going from them to Concord City Managers Barone and Trepa, who had agitated for what became SB1349 in the first place, beginning early in 2020). 8. Predictably, additional new tax campaigns, from the Bay Area “FASTER” group to yet another effort by the Contra Costa Transportation Authority, will be promoted in the next few years, once again with long run- ups before Election Day. Danville will again be requested by tax-spending advocates to endorse such measures. Such endorsements should occur only if majority Danville-voter support is reasonably in evidence and the matter has been discussed and approved by the Legislative Committee and then the whole of Town Council, in well-noticed meetings. 9. Should any future unilateral town-staff endorsement of federal, state, regional, or local legislation be requested or contemplated, consideration and action on same ought to proceed only with the strongest of restrictions/prohibitions, and only in cases of genuine urgency. Only the most extraordinary circumstances should permit a Town employee to speak unilaterally “On behalf of the Town of Danville…” in endorsing legislative or agency rulemaking matters,” and then with thorough after-the-fact review. I’ve provided for such moments, I think, adding needed guardrail and transparency criteria and specifications.