06-07-2011 - City of West Covina 2011 Legislative Platform - Item 11 (2).doc City of West Covina
Memorandum
A G E N D A
ITEM NO. 11
DATE June 7, 2011
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Chris Freeland, Deputy City Manager
SUBJECT: CITY OF WEST COVINA 2011 LEGISLATIVE PLATFORM
RECOMMENDATION:
It is recommended that the City Council adopt the proposed 2011 Legislative Platform to support/ oppose county, state, and federal legislation as appropriate.
DISCUSSION:
At the May 7, 2011, City Council meeting, the City Council requested a summary of the state bills that the City Council would consider taking a position of support or opposition against.
With the recent City of Bell scandal, the attacks on redevelopment, and the state budget crisis, the State Legislature has introduced dozens of bills that impact local municipalities.
The City of West Covina, with the assistance of the League of California Cities and our legislative advocate Joe Gonsalves and Sons, regularly monitor and establish supporting/opposing
positions on legislative proposals generated at the county, state, and federal levels.
Currently, City staff will prepare letters in support/opposition of legislation depending on time constraints and the subject matter for either the City Manager or the Mayor’s signature.
Occasionally, City Councilmembers and City staff have requested that individual staff reports be prepared to take a formal position on a piece of legislation.
With the large magnitude of legislation being proposed that affects West Covina and other municipalities, City staff is presenting for the City Council’s consideration, a legislative
platform that will outline the fundamental legislative issues of importance to the City Council. This Legislative Platform will improve and streamline the City’s efforts by allowing
City staff, through the Mayor, to respond to the rapidly changing nature of legislative items efficiently and without delay. This will also allow West Covina the opportunity to have
a greater voice in legislation.
Many times, City staff will receive notification from the League of California Cities, California Redevelopment Association, or Joe Gonsalves & Sons that a piece of legislation is being
heard in Committee and that letters of support/opposition or immediately needed. Unless the City has taken a formal position in the past, City staff has been reluctant to submit letters
of support/opposition. With the adoption of this Legislative Platform, City staff will receive clear direction from the City Council on the legislative priorities of the community
and will have the authority to prepare timely letters in support/opposition, with the City Manager’s approval. The following are the proposed procedures to be implemented by City staff.
Upon approval of the Legislative Platform by the City Council, staff shall continue to monitor all pertinent legislation.
Staff will respond with letters of support/opposition to those legislative proposals deemed eligible based on the adopted Legislative Platform. Letters will contain the Mayor’s signature,
with copies distributed to the City Council.
The City Manager shall review all correspondence before it is issued to confirm appropriateness.
Any legislation of importance that are not clearly defined in the adopted Legislative Platform will be referred to the City Council Leadership for direction.
Staff shall prepare a monthly staff report to the City Council following the issuance of any letters stating the summary of the bill and the City’s position.
Adjustments to the adopted Legislative Platform will be presented annually to the City Council for review and may be amended at anytime by the City Council.
Attached is the proposed 2011 Legislative Platform that incorporates the importance of legislation that enhances and maintains local control, including but not limited to land-use planning,
local public meeting procedures and transparency, and all other aspects of the City’s governance. In addition, City staff has also attached an outline of positions on currently pending
legislation before the State legislature, with the recommendations of the League of California Cities, as their recommendations are the ones usually utilized by cities. City staff
has utilized the positions of the League of California Cities, California Contract Cities Association, California Redevelopment Association, communications from other cities, and most
importantly the impacts on West Covina to formulate the recommendations. Therefore, City staff’s recommendations will not necessarily coincide with the opinions of these other organizations.
It is important to note that the list does not include all bills that have been introduced by the State legislature that impact cities. Some of those bills have been suspended or converted
to two-year bills that will be considered next year. In addition, some of the more controversial bills (i.e. reform /eliminate redevelopment agencies, pension reform, etc.) that have
been suspended are being re-introduced as rider bills and attached to new legislation. By adopting the proposed legislative platform, the City Council will also be providing guidance
for the City to submit letters in support of opposition to those bills not actually identified within the staff report, but do or do not meet the City legislative priorities.
AB 1338 (Hernandez)
Lastly, City staff wishes to highlight AB 1338 (Hernandez) that the League of California Cities has taken a “Neutral” position, but the City staff is recommending the City take a “Support”
position. AB 1338 will require that on and after January 1, 2012, all real property purchased or otherwise acquired in exchange for financial remuneration by an agency be subject to
an appraisal to determine the fair market value of that property.
The California Redevelopment Association is supporting this measure as the bill is putting the current practice of RDAs to obtain an independent third-party appraisal into statute that
protects both the interests of the property owner and the taxpayer are served in a real estate transaction. This bill will also require an appraisal where one may have not been necessary
previously. City staff is also recommending the City Council support this legislation as many of the controversial measures have been gutted from the legislation.
As part of the discussion on AB 1338, Assemblymember Hernandez has been inaccurately and misrepresenting the facts when describing the West Covina Senior Villas II project as his motivation
for introducing this legislation. At the time of that development project, an appraisal was not needed as the City did not own or acquire the property as part of the development.
Assemblymember Hernandez still maintains that the City of West Covina violated the law in this project, even though legal counsel and the Los Angeles County District Attorney’s Office
found no merit to his claim. City staff has had discussions with Senator Ed Hernandez’ Office, California Redevelopment Association, and Joe Gonsalves’ & Sons to clarify the matter,
and will be working with these offices to have an official statement be introduced, on the record, that Assemblymember Hernandez’ comments are inaccurate and are misrepresenting the
facts of the project done in West Covina. If the City Council does not wish to support the legislation, they can take a neutral or oppose position.
ALTERNATIVE:
If the City does not wish to adopt a legislative platform, City staff can bring back each individual legislative bill for the City Council’s consideration.
FISCAL IMPACT:
None.
Prepared by:
Chris Freeland
Deputy City Manager
Attachment:
Attachment A - Proposed 2011 West Covina Legislative Platform
- Attachment B – League/City Position on Various Pieces of Legislation