REPORT TO COUNCIL
SUBJECT
Title
Receive and File the Annual Review of New Laws Report and Approve 2025 Priority Advocacy Issues and Review Long-term Legislative Advocacy Positions (LAPs)
Report
BACKGROUND
The City's Intergovernmental Relations Program enables timely and effective advocacy of City interests on pending legislation and issues that significantly impact City business. The City can initiate advocacy based on any existing City policy. Every year, the Council adopts the City’s advocacy platform that includes the priority advocacy issues for the year as well as long-term legislative advocacy positions (LAPs) found in each chapter of the Council Policy Manual. Long-term LAPs do not require annual Council adoption; however, any edits to those positions must be approved by Council. Other sources for City policies are found in the City Charter, Municipal Code, General Plan Elements, and the Council Policy Manual.
This report provides Council with the opportunity to review the 2025 Priority Issues, long-term LAPs and new laws passed in the 2024 calendar year that have a substantive service/operational impact to the City of Sunnyvale.
Additionally, as part of its efforts to improve the City’s legislative advocacy efforts, Council approved funding for federal and state legislative and funding advocacy and associated grant support services in the Adopted FY 2024/25 budget.
EXISTING POLICY
Council Policy 7.4.14, Legislative Advocacy Positions
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
DISCUSSION
Annual Review of New Laws
The Annual Review of New Laws Report (Attachment 1) provides a summary by department of the subset of new State laws passed in 2024 that are anticipated to be most impactful to the City of Sunnyvale. This is not an exhaustive list of laws that may impact Sunnyvale, as there are numerous laws, particularly in the housing arena, that may have some impact and require compliance.
Compliance with new and evolving State laws, which typically are not accompanied by any funding for cities, must be incorporated into City work plans and resourced with local dollars.
For a more comprehensive list of all State laws passed in 2024 that potentially impact cities, The League of California Cities (LCC) published its annual LCC Legislative Report (Attachment 7). The LCC notes changes in public safety legislation to address increasing retail theft, an “unabated onslaught of new housing bills” this year largely focused on Housing Element related items, and protecting funding for housing in the State budget.
2025 Priority Advocacy Issues and Long-term Legislative Advocacy Positions (LAPs)
Proposed 2025 Priority Advocacy Issues - Clean Version (Attachment 2) and Proposed 2025 Priority Advocacy Issues - Redline Version (Attachment 3) are presented for Council consideration. Priority advocacy issues focus on regional, state, and federal activity already underway or expected within the calendar year where the pending legislation or issue is expected to have a significant impact on City business. Priority areas may also include timely, ongoing advocacy items to ensure adequate legislative alignment or fiscal support for longstanding City goals.
Staff is proposing six (6) 2025 Priority Advocacy Issues, largely consistent with 2024’s priorities. The relatively minor proposed policy language changes are based on legislative action, current activity, or City engagement since 2024. Priority 3 language has been expanded to include advocacy on federal as well as state legislation to facilitate building electrification, based on Council direction at the May 21, 2024 Council meeting.
1. Funding and Local Strategy for Workforce Development
2. Interoperability/Public Safety Communications System
3. Environmental Regulatory & Conservation Issues
4. Use of Unmanned Aircraft Systems (UAS) by Law Enforcement and First Responder Immunity
when interfering with Unmanned Aircraft Systems
5. Affordable Housing, Homelessness and Land Use
6. Engagement with the Federal Aviation Administration Regarding Airplane Noise
The City captures long-term LAPs by issue categories in each chapter of the Council Policy Manual. Long-term LAPs do not require annual Council adoption; however, any edits to those positions must be approved by Council. Staff is proposing additions, clarifying edits and deletions to the Long-Term Advocacy Positions are shown in redline in Attachment 4 - Long-term LAPs:
• Council Policy 3.0 - Environmental Management
• Council Policy 7.0 - Planning and Management
Based on Council direction at the May 21, 2024 Council meeting, staff added a legislative advocacy position in Council Policy 3.0 - Environmental Management, that advocates to the federal government for legislative relief in re-imposing the all-electric requirements. Staff is also proposing updates to policy language in Council Policy 7.0 - Planning and Management to broaden a position statement and delete policy statements that are outdated or no longer needed.
As legislation is proposed at the state and federal levels, staff monitors legislation for potential impact to the City of Sunnyvale. Where relevant and in alignment with City policy, staff submits advocacy letters regarding proposed legislation. During the 2024 calendar year, the City sent 39 advocacy letters in an effort to advance City positions.
Staff also proactively submits requests for state and federal funding. As of the writing of this report, FY2025 Community Project Funding proposals for the Cleanwater Center ($5M) and Safe Routes to School ($3.625M), submitted by Congressional Representative Ro Khanna are on track and expected to be approved with federal budget adoption. Attachment 5 includes a list of bills, issues, and state and federal funding requests with formal written City action in 2024; they are also on the City’s Legislative Priorities web page (Attachment 6).
Onboarding Federal and State Advocacy Team
With Council’s direction in the FY 2024/25 Adopted Budget, staff completed a competitive procurement process and contracted with Townsend Public Affairs to represent the City in both federal and state advocacy efforts. Since its inception in 1998, TPA has earned a reputation as a champion for better communities by providing the experience, resources, and relationships for successful legislative and funding advocacy, and providing personal attention, accessibility, and passion for their mission.
TPA’s strategic approach to advocacy and funding will be tailored to meet the individual needs of the City of Sunnyvale while leveraging a team of 19 state and federal legislative advocates and grant writers in Sacramento and Washington, DC. Details about TPA’s experience and team are attached (Attachment 8). A representative from TPA will be present at the January 28, 2025 Council meeting for a public introduction, and TPA will be advising the City on legislative advocacy items going forward.
FISCAL IMPACT
None.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Receive and file the Annual Review of New Laws Report (Attachment 1)
2. Approve the Proposed 2025 Priority Advocacy Issues - Clean Version (Attachment 2 to the report) and Council Policy Long-term Advocacy Positions as proposed to be amended (Attachment 4 in the report).
3. Approve the Proposed 2025 Priority Advocacy Issues - Clean Version (Attachment 2 to the report) and Council Policy Long-term Advocacy Positions as proposed to be amended (Attachment 4 in the report) with additional modifications.
4. Other direction as provided by Council.
STAFF RECOMMENDATION
Recommendation
Alternatives 1 and 2:
(1) Receive and file the Annual Review of New Laws Report (Attachment 1); and
(2) Approve the Proposed 2025 Priority Advocacy Issues - Clean Version (Attachment 2 to the report) and Council Policy Long-term Advocacy Positions as proposed to be amended (Attachment 4 in the report).
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
A check in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract
___ Labor or personal employment contract
___ Contract less than $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
Staff
Prepared by: Michelle Zahraie, Senior Management Analyst
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Annual Review of New Laws Report
2. Proposed 2025 Priority Advocacy Issues - Clean Version
3. Proposed 2025 Priority Advocacy Issues - Redline Version
4. Council Policy Long-term Advocacy Positions
5. List of 2024 Formal Written City Advocacy and Funding Requests
6. City’s Legislative Priorities Weblink
7. 2024 LCC Legislative Report
8. Townsend Public Affairs Client Service Team Biographies