08 Staff Report.Legislative Policy and Priorities with attachments
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/05/2023 ITEM NO: 8
DATE: August 24, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt Amendments to Town Council Policy #2-18: Legislative Policy and
Approve Legislative Priorities with Regard to State, Federal, and Regional
Legislation
RECOMMENDATION:
Adopt amendments to Town Council Policy #2-18: Legislative Policy and approve the legislative
priorities with regard to State, Federal, and regional legislation.
BACKGROUND:
In 2016, the Town Council adopted Council Policy #2-18: Legislative Policy (Attachment 1). This
Policy sets forth the procedures for engagement in the legislative process and the types of
issues that are appropriate for the Town to take a position.
On March 28, 2023, the Policy Committee discussed a list of potential legislative priorities and
unanimously voted to bring the legislative priorities to the full Council. These priorities are
intended to be helpful to Town Council members as they engage in discussions with State
legislators and as the Town considers which bills it chooses to endorse, oppose, or recommend
amendments.
On August 1, 2023, the Town Council provided direction to staff to amend the Legislative Policy
to include an annual review of legislative priorities and to revise the list of legislative priorities.
DISCUSSION:
As directed by Town Council, amendments to the Legislative Policy can be found in Attachment
2 and include that the Town Council will annually adopt legislative priorities. Once adopted, the
legislative priorities will be used to support Town Council Members in discussions with
PAGE 2 OF 4 SUBJECT: Legislative Policy and Priorities DATE: August 24, 2023
DISCUSSION (continued):
Legislators and to provide guidance as the Town considers which legislative proposals to track
and/or take a position. The Town Manager or the Town Attorney would be authorized to
prepare and issue position letters for the Mayor's signature after determining that the
legislative proposal could impact the Town and that the proposed position would be in
alignment with the adopted legislative priorities. While there may be many legislative
proposals for which a Town position would be in alignment with the Legislative Priorities, only
the most pressing proposals will be acted on and will be subject to staff capacity.
While an annual review of legislative priorities is anticipated to occur around February of each
year after the Town Council has considered its Strategic Priorities, the Town Council requested
that the current iteration of the legislative priorities be considered sooner. The following
legislative priorities are inclusive of the direction and input the Town Council provided on
August 1, 2023. The priorities are not listed in order of importance and the numbers are for
reference only.
Legislative Priorities:
• Bill Specific Priorities:
1. Concealed Weapons SB 2: In light of the recent Supreme Court ruling, the Town
should support legislation that clarifies the concealed carry weapons process and
protects sensitive places from the presence of concealed weapons. Senate Bill (SB) 2
is an example of a such a bill. On June 20, 2023, the Council voted to introduce an
ordinance to update the Town’s Concealed Carry Firearm Licensing Ordinance and
prohibit the carry of firearms in sensitive places.
2. Reform of Proposition 47 and 57 – AB 1708: Several bills are expected to address
the unintended consequences of these ballot measures. For example, AB 1708
would be beneficial in increasing accountability for repeat theft offenders and
offering pathways for pre-plea diversion programming.
• General Priorities:
3. Clarifications regarding SB 9: The Town may want to support legislation that clarifies
SB 9 lot splits and developments in Very High Fire Hazard Severity Zones,
affordability requirements, and the attestation of intent to occupy.
4. Protect Vehicle License Fee (VLF) and Educational Revenue Augmentation Fund
(ERAF): As the State may consider how it will address future budget shortfalls, it is
critical that the State not take funding from local government. In the past, these
two funding sources have been redirected to the State for its own budgeting
purposes.
PAGE 3 OF 4 SUBJECT: Legislative Policy and Priorities DATE: August 24, 2023
DISCUSSION (continued):
5. Internet Sales Tax: With the exception of our Measure G district sales tax, internet
sales tax goes into a pool and is distributed based on a jurisdiction’s share of the
overall sales tax collected in the respective County. In contrast, the Town’s Measure
G district sales tax is distributed based on the buyer’s location, yielding higher
revenue for the Town. Changes to the general distribution of sales tax would benefit
Los Gatos.
6. Mental Health: Mental health support is important to the Los Gatos community and
legislation that furthers mental health through funding, emphasis in Policing, or
other methods could be beneficial to the Town.
7. Fire Protection and Insurance: Fire protection is one of the Town Council’s Strategic
Priorities and legislation that furthers fire protection funding and efforts could be
beneficial to the Town. Legislation to ensure the availability of fire insurance for
residents could become more important if insurance becomes harder to obtain.
8. Housing: When effective, the Town may have interest in participating in certain
housing bills.
9. Unfunded Mandates: Unfunded mandates strain the Town’s already limited
resources and should be opposed.
10. Water: Support local water agency requests when beneficial to the Town.
11. Beach Traffic: Legislation to support the Town in reducing impacts of beach cut-
through traffic could be beneficial. One possibility could involve prohibiting
navigation applications from directing cut-through traffic through High Fire Severity
Zones on high fire risk days.
12. Transportation – Speeding: Legislation to reduce speeding could be beneficial for
the Town.
CONCLUSION:
It is recommended that the Town Council adopt the amendments Town Council Policy #2-18:
Legislative Policy and approve the legislative priorities. The Town Council may provide other
direction as it wishes.
PAGE 4 OF 4 SUBJECT: Legislative Policy and Priorities DATE: August 24, 2023
COORDINATION:
This report was coordinated with the Town Manager’s Office and Town Attorney.
FISCAL IMPACT:
There is no associated fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Existing Town Council Policy 2-18: Legislative Policy
2. Proposed Redline Update to Town Council Policy 2-18: Legislative Policy
Title: Legislative Policy Policy Number: 2-18
Effective Date: 10/5/16 Pages:3
Enabling Actions: --,
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PURPOSE
The purposes of the Legislative Policy are to: identify opportunities for the Town to participate in state, federal, and regional legislation and other policy matters, and describe a process for
Town positions, actions, and related activities.
BACKGROUND
Council Members have the opportunity to learn of legislative issues from their work on the
Council, general awareness of current topics, and their service on other Board and Committees as
representatives of the Town. The Town Manager encourages all Town Departments to monitor and be knowledgeable of any legislative issues related to their disciplines. The Town Manager
and Town Attorney similarly stay engaged with their professions as well as monitor the activities
of the League of California Cities and other organizations. The Town benefits from a Legislative
Policy to articulate overarching legislative principles to guide the Town's engagement in the
legislative process as outlined in this Policy.
LEGISLATIVE PRINCIPLES
The Town should take a position and advocate for the position when proposed federal, state, County, or other agency legislative or measure has a potential direct impact on the Town.
Direct impact includes and is not limited to issues of local control, revenue reductions, grant
eligibility, unfunded mandates and regulatory burdens.
POLICY GOALS
I.Advocate the Town's legislative interests at the federal, state, regional, and County levels.
2.Inform and provide information to our legislators, Town Council, and staff on the keyissues and legislation that could have potential impact on the Town.
3.Serve as an active participant with other local governments, the League of California
Cities, local profession organizations, and/or other entities on legislative/regulatory issues
that are important to the Town and our region.
4.Seek grant and funding assistance for Town projects, services, and programs to enhance
services for our community.
ATTACHMENT 1
Title: Legislative Policy
LEGISLATIVE STRATEGIES
Page: 2 of 3 Policy Number: 2-18
1.Communicate legislative positions on proposed federal, state, and County legislation,measures, initiatives, and governmental regulations.
2.Work with Town Departments to develop positions on proposed federal and state
legislative measures based on analysis done by the League of California Cities,communication with legislators' offices, and other local government/professionalassociations in formulating our positions.3.Take positions only on proposals that clearly impact our Town or are a threat to local
control.
4.Actively track key bills through the legislative process, utilizing various legislativewebsites, government/professional associations, and other means.5.Communicate the Town's position to our federal, state, regional, and Countymembers, bill author(s), Committees, and/or other governmental bodies throughcorrespondence, testimony, and in-person meetings.
6.Work cooperatively with other cities, associations and the League of CaliforniaCities on advocating our legislative positions.7.As necessary, participate in the drafting and amending of proposed federal, state,
regional, and/or County measures that have the potential to significantly impact the
Town.
8.Meet with legislators and their representatives, as well as other federal, state,regional, and/or County government officials on a regular basis to discuss localgovernment issues, proposed legislation, requests for funding assistance, and Townprograms and services.
9.Seek federal, state, and County funding through earmarks, grants, and otherdiscretionary funding for Town projects, services, and programs.10.Annually identify Town projects for potential submittal for federal earmarkconsideration and develop a submittal packet for legislators that provides informationand need for the projects.1 1. Provide information to Town Departments on potential grant funding opportunities and recognition programs.
12.Advocate and request letters of support for Town projects and grant applications or
other resources that are being considered for federal, state, regional, and/or County
funding.
LEGISLATIVE POSITION PROCESS
The process for responding to legislative proposals is as follows:
1.Once the Town Manager and/or Town Attorney determines that a legislative proposalmay impact the Town, a letter outlining the Town's position (support, neutral or oppose)will be drafted for the Mayor's signature.2.The Town Manager will circulate the draft position letter to the Town Council for review.3.If there is Council objection, the position letter will be placed on the next Town Councilagenda for consideration.
Title: Legislative Policy
Page: 3 of 3 Policy Number:
2-18
4.If there is no objection, staff will finalize the position letter for the Mayor's signature andforward the signed letter to the bill's author, the League of California Cities, and otherstakeholders as deemed appropriate.5.A copy of the final letter will be distributed to the Town Council.APPROVED AS TO FORM:
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COUNCIL POLICY MANUAL
Title: Legislative Policy
Policy Number: 2-18
Effective Date: 10/5/16
Pages: 3
Enabling Actions:
Revised Date: 9/5/23
Approved:
ATTACHMENT 2
Small Town Service Community Stewardship Future Focus
PURPOSE
The purposes of the Legislative Policy are to: identify opportunities for the Town to participate
in state, federal, and regional legislation and other policy matters, and describe a process for
Town positions, actions, and related activities.
BACKGROUND
Council Members have the opportunity to learn of legislative issues from their work on the
Council, general awareness of current topics, and their service on other Board and Committees as
representatives of the Town. The Town Manager encourages all Town Departments to monitor
and be knowledgeable of any legislative issues related to their disciplines. The Town Manager
and Town Attorney similarly stay engaged with their professions as well as monitor the activities
of the League of California Cities and other organizations. The Town benefits from a Legislative
Policy to articulate overarching legislative principles to guide the Town’s engagement in the
legislative process as outlined in this Policy.
LEGISLATIVE PRINCIPLES
The Town should take a position and advocate for the position when proposed federal, state,
County, or other agency legislative or measure has a potential direct impact on the Town.
Direct impact includes and is not limited to issues of local control, revenue reductions, grant
eligibility, unfunded mandates and regulatory burdens.
POLICY GOALS
1. Advocate the Town’s legislative interests at the federal, state, regional, and County levels.
2. Inform and provide information to our legislators, Town Council, and staff on the key
issues and legislation that could have potential impact on the Town.
3. Serve as an active participant with other local governments, the League of California
Cities, local profession organizations, and/or other entities on legislative/regulatory issues
that are important to the Town and our region.
4. Seek grant and funding assistance for Town projects, services, and programs to enhance
services for our community.
Title: Legislative Policy
Page:
2 of 3
Policy Number:
2-18
ATTACHMENT 2
LEGISLATIVE STRATEGIES
1. Communicate legislative positions on proposed federal, state, and County legislation,
measures, initiatives, and governmental regulations.
2. Work with Town Departments to develop positions on proposed federal and state
legislative measures based on analysis done by the League of California Cities,
communication with legislators’ offices, and other local government/professional
associations in formulating our positions.
3. Take positions only on proposals that clearly impact our Town or are a threat to local
control.
4. Actively track key bills through the legislative process, utilizing various legislative
websites, government/professional associations, and other means.
5. Communicate the Town’s position to our federal, state, regional, and County
members, bill author(s), Committees, and/or other governmental bodies through
correspondence, testimony, and in-person meetings.
6. Work cooperatively with other cities, associations and the League of California
Cities on advocating our legislative positions.
7. As necessary, participate in the drafting and amending of proposed federal, state,
regional, and/or County measures that have the potential to significantly impact the
Town.
8. Meet with legislators and their representatives, as well as other federal, state,
regional, and/or County government officials on a regular basis to discuss local
government issues, proposed legislation, requests for funding assistance, and Town
programs and services.
9. Seek federal, state, and County funding through earmarks, grants, and other
discretionary funding for Town projects, services, and programs.
10. Annually identify Town projects for potential submittal for federal earmark
consideration and develop a submittal packet for legislators that provides information
and need for the projects.
11. Provide information to Town Departments on potential grant funding opportunities
and recognition programs.
12. Advocate and request letters of support for Town projects and grant applications or
other resources that are being considered for federal, state, regional, and/or County
funding.
LEGISLATIVE POSITION PROCESS
The Town Council will review and adopt the Town’s Legislative Priorities annually to support
Town Council Members in discussions with legislators and to provide guidance as the Town
considers which legislative proposals to track and/or take a position.
The process for responding to legislative proposals is as follows:
1. If Once the Town Manager and/or Town Attorney determines that a legislative proposal
may impact the Town and a Town position (including but not limited to support, watch,
or oppose) would be in clear alignment with the Legislative Priorities, a letter outlining
Title: Legislative Policy
Page:
3 of 3
Policy Number:
2-18
the Town’s position (support, neutral or oppose) will can be drafted for the Mayor’s
signature. While there may be many legislative proposals for which a Town position
would be in alignment with the Legislative Priorities, only the most pressing proposals
will be acted on and will be subject to staff capacity. If the Town Manager and/or Town
Attorney determines that a legislative proposal falls outside of the Legislative Priorities,
the proposal will need to be considered by the Town Council prior to a position being
taken.
2. The Town Manager or designee will circulate the draft position letter to the Town
Council for its informationreview.
3.2. If there isAny Council Member can request thatobjection, the position letter will
be placed on the next Town Council agenda for consideration.
4.3. If the legislative proposal is not re placed on a future agenda, is no objection, staff
will finalize the position letter for the Mayor’s signature and forward the signed letter to
the bill’s author, the League of California Cities, and/or other stakeholders as deemed
appropriate.
5.4. A copy of the final letter will be distributed to the Town Council.
APPROVED AS TO FORM:
Robert SchultzGabrielle Whelan, Town Attorney
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