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HomeMy WebLinkAboutAgenda - Mail Packet - 10/15/2019 - Legislative Review Committee Agenda - October 15, 2019City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com Legislative Review Committee Agenda October 15, 2019 4:00-5:00 Council Information Center, City Hall, 300 LaPorte Ave., Building A 1. Approval of minutes from September 24, 2019 Meeting Attached: September 24, 2019 Minutes 2. Legislative Policy Agenda – discussion of edits, new items, and any additional requests or changes needed. Attached: Initial draft – 2020 LPA 3. Washington, D.C. Lobbying Trip – clarification of any meeting topics, speaking points 4. Other Business LRC Committee Minutes Date: September 24, 2019 Time: 4:00 – 5:00 pm Location: Commons Conference Room Councilmembers Present: Ross Cunniff, Susan Gutowsky, Ken Summers Staff Present: Jeff Mihelich, Carrie Daggett, Ginny Sawyer, Tyler Marr, Lindsay Ex, Honore Depew, Sierra Anderson Colorado Communities for Climate Action (CC4CA) Consideration of Adoptions of the 2019-2020 CC4CA Policy Agenda • Cunniff – Asked if staff is asking for adoption from LRC or for Council • Ex – Stated staff typically brings policy agenda to LRC first then moves forward with an alignment process • Ex – Explained certain areas require some scrutiny and are highlighted because they may require minor changes (yellow). Stated that social cost of carbon is an example of an item that may need additional discussion around if it should be extended beyond investor owned utilities. Also referenced retail energy choice in noting that it could be construed to conflict with the concept of municipally-owned utilities. • Cunniff – Readdressed the question if CC4CA adoption should go through LRC or Council • Ex – Stated in the past LRC makes a motion to approve the CC4CA policy agenda • Daggett – Suggested if LRC agrees with staff’s interpretation of CC4CA and its alignment with the overall policy agenda, the Committee can motion for support in today’s meeting • Cuniff – Motioned that LRC find that staff’s interpretation of CC4CA’s policy agenda is consistent with the 2019 policy agenda. Further stated that LRC supports the CC4CA policy agenda. • Gutowsky – Seconded the motion and the motion was approved Legislative Policy Agenda Discussion of fall calendar and preferred dates for LRC discussion and Council adoption • Marr – Explained that the policy will be sent to staff shortly. Also stated that after revisions are made, LRC staff will request for feedback from the LRC • Marr – Stated staff heard three main policy focus areas from LRC and Council in the past for inclusion this year: mass shootings, Medicare for all, and immigration. • Cunniff – Advocated for immigration title and description to be changed to civil rights at the border • Sawyer – Asked what LRC would want that policy statement to address and cover? • Summers – Expressed the importance of making sure Council and LRC comes to an understanding of what they are looking to achieve from policy statements. Questioned what value can be gained from stating opinions in all of these spaces. Advocated for a legislative specific agenda. Expressed interest in pursing bills that would address specific issues like e- cigarettes • Cunniff – Clarified that Summers was asking for a short list of legislation that LRC and Council can support • Summers – Suggested focusing on the pressing issues that impact Fort Collins. Questioned what these issues are • Cunniff – Advocated for keeping an overall policy approach and for a straightforward policy document on specific areas that aren’t covered in the legislative policy agenda. Also supported the idea of creating a short list of Council supported, policy items for the state legislature to move forward on • Sawyer – Stated that in prior years, staff would rely on CML and would bring back highlights after attending. Explained the City policy agenda would typically align with the bills presented at CML. Stated that the policy makers would appreciate more direction and the short list approach from Fort Collins • Summers – Stated e-cigarettes are becoming a hot topic item and believes there will be additional legislation on the topic in the future. Referenced supporting a bill that regulated e- cigarettes like tobacco products. Also referenced the health impacts of nicotine vs tobacco, the addictive nature of nicotine, and the connection between flavored e-cigarettes and flavored marijuana use • Sawyer – Referenced tobacco compliance laws that could be connected to nicotine/vaping products • Cunniff – Wondered if it’d be best for Council to have a brainstorming session and be provided with ideas from staff on areas that Council and LRC can pursue further • Summers – Stated that as Council and the City meet with state legislatures, hearing what they see on the horizon will also help to inform the short list moving forward • Sawyer – Asked about LRC’s thoughts on the Red Flag law and its place on the list • Cunniff – Stated that LRC was asked to establish action to address mass shootings and utilized the Red Flag law as a reference. Asked what other statements and work can be done in this space (magazine sizes, limits, etc.) • Summers – Voiced consideration for revisiting past legislation and legislation attempts in this space • Cunniff – Stated a statement from LRC and Council could be helpful in this space • Mihelich – Asked if LRC would like staff/police to come back with suggestions • Cunniff – Expresses interest in knowing more about the causes of gun violence in the US • Sawyer – Asked if LRC would like staff to move forward with supporting legislation that supports this • Cunniff – Requested that staff come up with policy language, not a bill, on gun restrictions • Cunniff – Brought up concerns around border politics and the approach LRC and Council should take here • Marr – Asked LRC on their thoughts of looking at the border politics at the state vs the federal policy agenda level • Summers – Supported taking the federal level approach • Cunniff – Stated a majority of Council would support E-verify to promote its consistent use • Daggett – Stated the current version of the immigration resolution is undergoing edits. Stated the points and changes discussed will be made before the resolution goes to print and the translation is finalized • Cunniff – Prosed conversation around a Medicare for all legislative policy. Asked for staff to come up with a few options to provide back to LRC. • Summers – Stated interest in gaining better an understanding of what Medicare for all means. Also advocated against making blanket statements in this space • Cunniff – Referenced some policy options where Medicare for all will lower employer co-pays to nearly zero • Summers – Questioned if there’s a way to address health care without addressing the employer connection? Referenced individuals who have health challenges but don’t work for a benefit- providing employer. Requested proposals that address these challenges • Cunniff – Requested data on how Medicare for all would impact the city, organizations, and the ways it will expand the pool of people who can be covered • Summers – Suggested taking a healthcare reform approach by creating a policy statement that addresses the problems in health care (costs, availability, etc.) • Cunniff – Stated a healthcare reform approach would have to be as expansive as a Medicare for all approach • Marr – Stated that staff will come up with suggested language with this guidance • Mihelich – Stated staff will give a range of options (some broad, some narrow) • Cunniff – Requested a Medicare for all proposal that covers universal coverage, health coverage affordability, a large pool of insured, and a large negotiating position in terms of health care cost. Asked that staff tease those items out into specific policy objectives. Further stated interest in job portability, negotiating power, and Council’s overall desire to look at Medicare for all options. • Summers – Stated that if council said to pursue Medicare for all, then LRC needs to be clearer on what it’s looking for • Cunniff – Asked about other policy agenda items • Sawyer – Stated staff’s plan to send the policy agenda back to rest of staff to make sure everything is in line. Also stated plans to bring back policy on gun violence, health care, vaping, URA, and metro districts for LRC to review • Cunniff – Advocated for staff to look at the Council priorities and make sure that legislative work is being brought to LRC supporting these priorities • Mihelich – Agreed and stated that staff will take another scan over Council priorities to make sure legislative opportunities are brought to LRC • Cunniff – Proposed following up on any potential policies focused on 5G small cell federal to reduce clutter and addressing siting • Mihelich – Stated that in the plastics space it’ll be challenging for the City of Fort Collins to have a restrictive policy if the neighboring cities and communities don’t. Suggested that this should be a state action. • Cunniff – Advocated that hard to recycle items don’t get into the stream because they can’t be recycled • Gutowsky – Stated hearing from an advocacy group on banning plastic bags • Cunniff – Agreed with Susan and stated plastic bag regulations aligns with Council priorities. Stated interest in getting more specific on ways to reduce the use of single-use plastics • Depew – Explained the current efforts to remove the statute allowing manufactures to use single use packings • Marr – Suggested upcoming meeting dates o Oct. 15 o Nov. 5 • Cunniff – Stated that in December LRC will have a better understanding of how often the group should meet during the legislative session • Sawyer – Asked for LRC to provide any suggestions they may have Breakfast with State Legislator: • October 11th from 7am - 8:30am • Sawyer – Questioned what changes LRC would like to see based on the policy agenda • Cunniff – Expressed wanting to keep the conversation to focus on a broad overview of what legislators are looking to do moving forward • Sawyer – Suggested that it could be beneficial for Council to lead with what they’re looking for and driving the conversation • Cunniff – Expressed support for Council driving the meeting and letting the legislators know what Fort Collins is looking for • Sawyer – Questioned if LRC would like to call out the pressure put on the Municipal Judge with past legislation • Daggett – Stated it would be worth talking to the Judge and seeing what areas are of the most concern to her, indicated she would follow up with Judge Lane • Sawyer – Stated plumber and electrician bills are highly problematic and that it could be helpful to call out to them. Also stated that CML is having upcoming meetings regarding plumber and electrician bills • Daggett – Stated plans to talk to the Judge to determine defensive priorities and the burden put on the Municipal Judge Washington, D.C. Lobbying Trip – Planned Meetings • Marr – Shared list of proposed visits and more information will be coming out to Council • Cunniff – Proposed looking at strictly at legislative options for the train horn noise, and to make sure train length was included in our discussion this time • Marr – Stated that the new waiver approach should be substantially complete and will determine a lot going forward in terms of dealings with FRA. 2020 City of Fort Collins Legislative Policy Agenda ADOPTED DECEMBER 2 TABLE OF CONTENTS Table of Contents ............................................................................... 2 Home Rule and Local Control ................................................................. 6 Affordable Housing .............................................................................. 6 Air Quality ........................................................................................ 7 Beer and Liquor ................................................................................. 8 Broadband and Cable ........................................................................... 8 Climate ........................................................................................... 9 Development Review and Land Use Planning ............................................... 9 Elections ........................................................................................ 10 Energy .......................................................................................... 10 Finance ......................................................................................... 11 Hazardous Materials Management .......................................................... 12 Human Resources ............................................................................. 12 Marijuana ....................................................................................... 13 Municipal Court ................................................................................ 14 Oil and Gas ..................................................................................... 14 Open Records and Data Management ...................................................... 15 Parks and Natural Areas ...................................................................... 16 Public Health .................................................................................. 16 Public Safety ................................................................................... 17 Recycling and Solid Waste Reduction ...................................................... 19 Risk Management and Liability .............................................................. 20 Transportation ................................................................................. 20 Urban Renewal and Downtown Development ............................................. 21 Water, Wastewater, and Stormwater ...................................................... 22 City of Fort Collins Legislative Contacts ................................................... 23 INTRODUCTION 3 Fort Collins is a community of 170,100 residents. Incorporated in 1873, the City has grown to become the commercial, educational and cultural hub of Northern Colorado. The City adopted a home rule charter in 1954 and operates under a Council-Manager form of government. The City is a data-driven municipal organization that strives to fulfill its mission, “Exceptional service for an exceptional community”, through a vision of providing world-class municipal services through operational excellence and a culture of innovation. City leaders seek innovative solutions to issues facing the community and are often willing to leverage emerging technologies. The Fort Collins City Council annually adopts a Policy Agenda ahead of the upcoming Colorado general Assembly session for the purpose of guiding legislators and staff in supporting community goals. The Policy Agenda is broad set of policy statements meant to convey positions on issues that affect the quality of life and the governance of our community. It is structured to address areas of local concern and to also reflect the strategic planning that guides City of Fort Collins organizational resource allocation and decision making. Fort Collins welcomes opportunities to work in partnership to leverage additional resources and participate in regional dialogue to achieve shared outcomes. The City has identified seven outcome areas to ensure appropriate and effective resource allocation supporting the community’s priorities. Outcome areas include Culture and Recreation; Economic Health; Environmental Health; High Performing Government; Neighborhood Livability and Social Health; Safe Community; and Transportation and Mobility. The Policy Agenda identifies this alignment as it is important for City staff to ensure that advocacy supports specific desired outcomes. 4 CITY OF FORT COLLINS LEGISLATIVE REVIEW COMMITTEE The Legislative Review Committee (LRC) is a representative group of Council members that reviews and reacts to proposed legislation on behalf of City Council and the City. In taking a position on bills, the LRC interprets and applies the various policies that are included in the Legislative Policy Agenda. Council Members presently serving on the Legislative Review Committee are: • Councilmember Ross Cunniff, Chair • Councilmember Ken Summers • Councilmember Susan Gutowsky LEGISLATIVE REVIEW PROCESS In 2020, the City of Fort Collins will rely heavily on the Legislative Policy Agenda, the Colorado Municipal League, and the Colorado Communities for Climate Action organizations for the majority of bill tracking and identification. The City currently maintains memberships with the Colorado Municipal League and Colorado Communities for Climate Action – both groups maintain a fulltime presence at the capitol and engage in bill identification and advocacy consistent with their own adopted policy agendas. The City influences both groups’ policy agendas, and while not perfectly consistent with our own, both generally advance and protect the City’s interests. Bills introduced in the Colorado General Assembly, United States Congress and federal, state or county regulations or rulemakings are reviewed by City staff. Bills, regulations and rules that are identified as having a potential impact on the City will be brought to the LRC for discussion. If LRC adopts a position, staff will convey that information to the appropriate state or federal representative and advocate for the adopted position. Due to the time-sensitive nature of the General Assembly, if a bill’s subject matter is explicitly addressed in this Policy Agenda, staff will proactively work with state and federal representatives to advance the City’s position as expressed in this legislative policy agenda and other Council-adopted plans and policies. Staff will provide regular updates to the LRC and the full City Council regarding bills of consequence to the City and will consult with the LRC regarding bills for which direction under the adopted policy is unclear. Staff liaisons support the LRC by contributing expertise in various areas of municipal service. The City Attorney’s Office also reviews selected bills and may provide confidential legal analysis. Fort Collins also works with community partners to support local projects and staff collaborates with representatives of other municipalities on mutually-held priorities. Fort Collins actively seeks innovative partnerships to leverage positive outcomes for residents. The City works closely with the Colorado Municipal League (CML) and the National League of Cities (NLC) on many legislative items facing cities. Fort Collins 5 maintains membership with Colorado Association of Municipal Utilities (CAMU) which represents 29 municipal utilities throughout the state on utility issues, Colorado Communities for Climate Action (CC4CA) which represents municipalities on climate issues. In addition, Fort Collins actively participates in various trade organizations which represent specific areas of interest to City operations. 6 2019 2020 LEGISLATIVE POLICY STATEMENTS HOME RULE AND LOCAL CONTROL In order to consider and manage local conditions and desires, community issues and needs should be addressed locally. For this reason, home rule authority is of utmost importance to the City of Fort Collins. The City must be free to regulate local activities that primarily impact the area within the City's boundaries, such as the speed of local traffic or the effects of particular land use developments. The City also understands the accumulative effect of these and other activities have statewide ramifications that may call for statewide regulation, to effectively manage such things as overall growth and development in the state, traffic congestion in major transportation corridors and environmental quality. Therefore, the City: 1. Supports strengthening and preserving home rule authority of municipal governments. 2. Opposes State or Federal intervention in matters of local concern or matters that unnecessarily or adversely affect the City’s ability to manage and operate pursuant to its home rule authority. 3. Opposes changes that increase (and support changes that lessen) the burdens on municipalities associated with public or other government records, establishment of ethics standards and procedures, operation of municipal courts, and other matters of municipal operations or authority. 4. Supports enabling cities to choose the provision of services through private enterprise in a manner that fosters cost effective, sustainable, quality services. 5. Supports local control of the awarding of contracts and the accountability of local officials for those actions. 6. Opposes mandates that increase the complexity and cost of services without improving those services. 7. Supports collaborative regional efforts for the benefit of participating communities. AFFORDABLE HOUSING NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH The City recognizes that the affordability and availability of quality housing is critical to a vibrant and diverse community. 7 Therefore, the City: 1. Supports maintaining or enhancing current levels of funding for affordable housing throughout Colorado, including expanding the State Low Income Housing Tax Credit program, but not increases to unrelated fees. 2. Supports increasing local government’s ability to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships. 3. Supports stronger amendments to construction defect laws to promote the construction of owner occupied-attached housing. 4. Supports creating an adequate supply of housing for all income levels and continued public and private sector support for these efforts. 4. 5. Supports exploring expansion of Mobile Home Act to address rent pad stabilization and opportunities for resident or mission-based affordable housing providers to purchase parks when offered for sale. 5.6.Supports consideration of allowing Inclusionary Housing Ordinances to regulate rental housing. AIR QUALITY ENVIRONMENTAL HEALTH The City’s Air Quality Plan establishes a strong overall goal to “continually improve Fort Collins air quality.” Therefore, the City: 1. Supports programs and policies that improve public health and air quality and support rapid attainment of National Ambient Air Quality Standards, including ozone. 2. Supports local government authority to improve air quality beyond minimum State or Federal requirements. 3. Supports adequate authority and resource at all levels of government to enforce air quality regulations. 4. Supports economic incentives, disincentives and other market approaches that promote lower emissions, and fewer alternatives to carbon-based fuels. 8 5. Supports strengthening standards for tailpipe emissions, aggregate vehicle emission s and/or fuel economy standards for all vehicles. Supports programs and policies that promote the use of electric vehicles and the development of infrastructure needed to support the use of those vehicles. BEER AND LIQUOR SAFE COMMUNITY The City issues and renews liquor licenses, enforces license rules, and holds hearings for liquor license violations. Therefore, the City: 1. Supports clarifying the qualifications for what types and purposes a business may obtain and use a state liquor license. 2. Supports definition of a “meal” when calculating the percentage of meals served for a liquor license. BROADBAND AND CABLE ECONOMIC HEALTH Reliable, high-speed, and affordable access to broadband and cable programming throughout the community remains a priority and a long-term goal for the City to ensure our economic vitality and allow for equal access for all residents and businesses. Therefore, the City: 1. Supports maintaining local franchising authority to preserve local governments’ ability to negotiate in the public interest for cable channel space, institutional networks and public education and government programming. 2. Supports allowing communities to offer and/or partner to offer high speed internet, Wi-Fi and other enhanced telecommunication services to residents, schools, academic institutions and businesses. 3. Opposes restrictions on providing telecommunication services within City-owned facilities and on City property, and related restrictions on the manner in which such services may be financed, funded or structured. 4. Opposes infringement on municipalities’ ability to compete in the broadband marketplace. Commented [RK1]: Not sure what they are looking for. “Meal” is defined in the liquor code, and the percentage comes in in this way: “meals are actually and regularly served and provide not less than twenty-five percent of the gross income from sales of food and drink of the business of the licensed premises over any period of time of at least one year” 9 5. Opposes right of way use contrary to existing aesthetic policies and practices, including the addition of any above ground cabling. 5.6. Supports changes to open meetings law that would treat executive sessions of broadband utilities CLIMATE ENVIRONMENTAL HEALTH Making communities more resilient to disaster and the effects of a changing climate has become more important to Colorado communities over the last several years as natural disasters have caused significant human and property loss. Fort Collins has adopted aggressive emission reduction goals and supports policies and legislation helping communities and the state to achieve these goals and enhance the environment as detailed in the Climate Action Plan. Therefore, the City: 1. Supports greenhouse gas (GHG) emission reduction targets, planning, and implementation at all levels of government. 2. Supports market-based mechanisms to reduce emissions, including incentives, enabling legislation, and other mechanisms to achieve emissions reductions and increase resiliency in energy, waste reduction, transportation, and water sectors. 3. Supports protection of the Colorado self-audit law. 4. Supports reducing the emission of criteria pollutants. 4.5. Supports prioritizing policies that put people at the center of decision-making, do not exacerbate or create disparities in growing the green economy, and enhance equitable outcomes for all. DEVELOPMENT REVIEW AND LAND USE PLANNING ECONOMIC HEALTH, NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH Fort Collins has a well-established development review process, land use and building code; all of which align with local priorities. Therefore, the City: 1. Supports financial compensation for additional work of inspectors through fees or other means. Commented [LE2]: @Cassie Archuleta@Lucinda Smith – do we still want to include this? Does the AQ section already get at this? Commented [LE3]: This is from the CC4CA policy principles and aligns with the Council priority for Equity and Inclusion. 10 2. Supports funding for any state mandated inspection requirements. 3. Supports local governments’ authority to determine development review and inspection timelines. 4. Encourages regional cooperation in land use, transportation planning, and fostering sustainable development. 5. Supports prohibition to the annexation of land that is located within the boundaries of a Growth Management Area that was legally established by an intergovernmental agreement between a municipality and a county by any municipality not a party to the agreement. 6. Supports municipal discretion concerning the imposition of development fees and requirements. ELECTIONS HIGH PERFORMING GOVERNMENT The City of Fort Collins conducts municipal elections in April of odd years and special elections upon initiative referralsas required by the citizen (or Council) initiative process. The City is committed to conducting a clear, legal, and trustworthy elections process. Therefore, the City: 1. Supports all efforts that assist the City in conducting fair and transparent election processes according to the City’s adopted procedures. 2. Supports process improvements that encourage voter participation. 2. Supports mechanisms to increase cyber security around election data and the election processes, and any decrease in election tampering. ENERGY ECONOMIC HEALTH, ENVIRONMENTAL HEALTH As a municipally-owned electric utility, the City is committed to providing affordable, reliable, and clean energy services to residents and businesses, as detailed in the Energy Policy. Therefore, the City: Commented [RK4]: “initiative referrals” is awkward terminology and not very descriptive. 11 1. Supports efforts that promote energy affordability, safety, and reductions in fossil- fuel generated consumption for residents, businesses and institutions. 2. Supports reductions in environmental damage caused by energy extraction and production. 3. Supports opportunities for energy efficiency, production, and operation in local economies. 4. Opposes barriers to coordinating integrated planning for energy supply and demands. 5. Supports state and federal funding for resilience efforts to mitigate potential energy and climate related disruptions. 6. Supports federal and state incentives for renewable energy production, including wind power, and provide for “State Implementation Plan” credits for renewable energy (excluding residential wood burning and corn-based ethanol) and energy efficiency. 7. Opposes attempts to prevent or inhibit provision of municipal electric service in newly annexed areas. 8. Supports smart grid technology adoption and grid modernization. 9. Supports minimizing the environmental impacts of all forms of energy. FINANCE HIGH PERFORMING GOVERNMENT Strong fiscal planning, prudent debt management and investment policies, and preservation of the City’s revenue base are vital in maintaining and improving the City’s financial health. Considering the known impacts of legislation on the City’s business community can help foster a stronger tax base and retain a strong quality of life. Therefore, the City: 1. Supports expanding municipal authority to establish alternative funding mechanisms, including financing tools such as public improvement fees (PIF) and certificates of participation (COP). 2. Supports increased funding for K-12 and higher education, specifically Colorado State University and Front Range Community College. 12 3. Encourages the equitable treatment of sales and use taxes to residents and corporations residing or doing business in Colorado by limiting exemptions. 4. Supports the equitable distribution sales tax collections on e-commerce transactions. 5. Opposes efforts that inhibit the City’s ability to increase its revenue base (sales, use and property taxes). 6. Supports protections that do not unnecessarily restrict the investments of government entities. HAZARDOUS MATERIALS MANAGEMENT SAFE COMMUNITY; ENVIRONMENTAL HEALTH It is an important concern of the City to safeguard Fort Collins’ health and environmental safety by reducing risks from the unauthorized release of hazardous materials or hazardous waste. Therefore, the City: 1. Supports strengthening the enforcement of hazardous materials regulations. 2. Supports increasing diversion of hazardous waste from landfills. 3. Supports greater flexibility and more options for local government in the management of publicly-owned areas thought to have asbestos-containing soils while maintaining responsible site management practices. 4.3. Support City’s ability to review and approve locations of facilities that use or store hazardous materials or hazardous waste. HUMAN RESOURCES HIGH PERFORMING GOVERNMENT The City of Fort Collins is committed to the health, safety and well-being of its employees. The City works diligently to be efficient and responsible stewards of tax dollars ensuring that employee compensation and benefits are fair, market-based, and competitive. The City believes that its citizens, through their elected representatives on City Council, are in the best position to determine appropriate City employee compensation, benefits, appeal rights related to disciplinary action and policies. Commented [MZ5]: suggest this because the asbestos in soils rule has long-since been finalized and there really isn’t much more to say about it. The new rule did provide some flexibility in the requirements, which we have actually utilized in practice over at Northside and Discovery Museum sites. The language is just out-of- date at this point. 13 Therefore, the City: 1. Supports the City’s ability to make decisions on employment issues, including collective bargaining, arbitration, compensation, appeal rights related to disciplinary action and benefits to further an equitable work environment. 2. Supports the development and expansion to the City’s ability to determine how best to manage employee health and benefit programs, welfare and wellness services for employees. 3. Supports current state funding levels for police officers and dispatchers death and disability benefits made available by Fire & Police Pension Association of Colorado. 4. Opposes proposals that would allow employees and/or retirees with defined contribution or deferred plans to move into defined benefit plans if there is a cost to local government. 5. Opposes proposals that would limit the City’s ability to test job applicants or employees at work for impairment due to consumption of alcohol, marijuana, or other controlled substances or to set limits related to such testing. IMMIGRATION AND NATIONAL BORDER CONDITIONS NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH; SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT The City recognizes that federal issues pertaining to civil rights at the United States’ borders and immigration law more broadly have wide impacts that can directly impact the day to day life of Fort Collins residents. It can also impact those residents willingness and comfort with engaging with local public safety agencies and other key service providers. Therefore, the City: 1. Supports the humane treatment of persons who are detained by Immigration Officials and the rapid resolution of legal proceedings to determine their status. 2. Supports a sustainable pathway to immigration into the United States. 1.3. Supports regulations and laws that increase or mandate the use of E- verify by employers. MARIJUANA SAFE COMMUNITY After the State’s legalization of medical and recreational marijuana, the City of Fort Collins created local marijuana business licensing programs and adopted ordinances to balance the needs and desires of the community related to legal marijuana. The City’s licensing program supports the state dual-licensing system for medical and recreational marijuana businesses. 14 Therefore, the City: 1. Supports communities’ ability to raise necessary funds to maintain public safety and enforce marijuana possession laws. 2. Supports additional state marijuana enforcement resources, especially for field enforcement. 3. Opposes under-21 access to marijuana. 4. Supports local opt-in provisions regarding new permits and/or licenses. 5. Supports re-scheduling of marijuana at the federal level to help address safety through research and legal banking, and to reduce conflict between Colorado and federal laws. MUNICIPAL COURT SAFE COMMUNITY; HIGH PERFORMING GOVERNMENT The Fort Collins Municipal Court is responsible for administering the operations of the judicial branch of City government according to the City Charter and ordinances adopted by City Council. Cases adjudicated in Municipal Court include traffic violations, misdemeanors, civil infractions, and civil cases. Generally, cases are brought to Municipal Court by Fort Collins Police Services, Colorado State University Police Department, Animal Control, other City departments, and private citizens. Therefore, the City: 1. Opposes limitations on the authority of municipalities to enforce their own ordinances in municipal courts and increased procedural requirements or limitations on municipal court proceedings, such as limitations on bonding requirements related to municipal court warrants and sentencing options. 2. Opposes the imposition of state surcharges on municipal court fines for the purpose of funding state programs. 3. Opposes any unfunded mandates imposed on municipal courts by the state. OIL AND GAS ENVIRONMENTAL HEALTH Oil and gas extraction activity and associated health and environmental impacts are a concern for Fort Collins. Fort Collins residents have expressed continuing concern about the human and environmental health impacts from oil and gas operations, particularly from the hydraulic fracturing treatment used on most Colorado wells. In November 2013, voters approved a five-year moratorium on oil and gas extraction in 15 order to study its property value and human health impacts but this was overturned by the State Supreme Court in 2016. Additionally, transported emissions from oil and gas operations outside of City limits have been demonstrated to contribute to ozone formation. Therefore, the City: 1. Supports greater local authority to regulate oil and gas exploration activitiesoperations as granted in 2019 through Senate Bill 19-181 within municipal boundaries, including the ability to regulate location, siting and other surface impactsinspect sites, ensure operator compliance, and regulate location of extraction, storage and transmission activities. 2. Supports state, federal, and academic studies evaluating impacts of oil and gas operations on human health and property values. 3. Supports air pollution monitoring, emission characterization and modeling studies to better understand the contributions of the oil and gas industry to air pollution. 4. Supports the current formula allocation of State Sseverance Ttax and Federal Mineral Lease (FML) revenue to impacted jurisdictions so that they might address impacts from resource extraction. 5. Supports industry information sharing and collaboration with operators and local governments on the planned development of resources within the communities’ City’s Growth Management Areas and for City owned properties such as open spaces outside of City limits. 6. Supports legislation that balances the rights of surface landowners and mineral rights owners, while protecting public health, safety and the environment.. OPEN RECORDS AND DATA MANAGEMENT HIGH PERFORMING GOVERNMENT The City is the collector and keeper of hundreds of datasets and recorded information and is legally bound and responsible for responding to Open Record requests. The City supports transparency and open data initiatives. Therefore, the City: 1. Supports clear requirements that allow for reasonable requests and timeframes to provide information that is legally available. Commented [CA6]: Enough has happened since, that it doesn’t seem worth calling out these events. 16 2. Opposes mandates that include unrealistic timeframes and requests that require additional staff time with no means to recover costs. 3. Supports cybersecurity efforts that protect the City, consumers, and infrastructure. PARKS AND NATURAL AREAS ENVIRONMENTAL HEALTH; CULTURE AND RECREATION The City is committed to providing the community with excellent natural areas, parks and recreation services and facilities. Our citizens enjoy a better quality of life, improved health, less crime and a greater sense of community because of our quality natural areas, parks and recreation programs. Therefore, the City: 1. Supports maintaining or enhancing funding for parks, trails, forestry, horticulture, natural areas, and recreation services and facilities. 2. Supports local discretion to use Great Outdoors Colorado and other sources for funding municipal government projects addressing local needs and priorities. 3. Supports equal or greater funding levels of Great Outdoors Colorado grants awarded to municipalities 4. Supports maintaining or enhancing tax incentives to private landowners for voluntary land conservation. 5. Supports protection of the Cache la Poudre River and local urban streams. PUBLIC HEALTH SAFE COMMUNITY; NEIGHBORHOOD LIVABILITY AND SOCIAL HEALTH The City of Fort Collins strives to be a healthy, livable City that is a welcoming and inclusive community for all, including residents who may be experiencing the challenges of homelessness, mental health issues, addiction, depression, and other challenging life situations. The City also supports primary prevention strategies to reduce the injuries and deaths associated with gun violence. Therefore, the City: 17 1. Supports maintaining or increasing the funds available through the state and federal government for community-focused non-profits to provide human services and housing support. 2. Supports providing communities with resources to address chronic homelessness, supportive housing, mental health, and substance abuse, including tobacco prevention programs. 3. Supports a standardized statewide approach to addressing homelessness. 4. Supports statewide efforts to enforce retail tobacco sales compliance. 5. Supports legislation or regulatory efforts that restrict and better ensure the prevention of firearm purchases of those individuals convicted of a violent criminal offense and those who have been involuntarily committed to a mental institution or are otherwise suffering from a severe mental condition. 6. Supports public health research and necessary funding related to the root causes and effects of gun violence to better inform prevention strategies. 7. Supports legislation that greatly reduces or eliminates the incidence of teen vaping. Specific measures include the elimination of flavored tobacco, an increase in the legal smoking age, and identical treatment of vaping and e- cigarette products to traditional forms of tobacco 8. Supports legislation that provides at least basic universal health insurance that greatly expands medical access in Fort Collins, Colorado, and the United States. Key components the City supports include universal coverage and therefore large-scale risk pooling and negotiating power, portability of plans across employers, and movement away from employer sponsored health plans. 9. Supports health care policy that provides single-payer medical insurance to all residents and as a result provide large risk-pooling and negotiating power to reduce health care costs. 10. Supports the portability of health insurance plans across employers and state- lines. 11. Supports policies that drastically reduce out of pocket costs for both individual payers and employers. 12. Support health care policies that move the United States health care system away from employers being the primary provider of health insurance. PUBLIC SAFETY SAFE COMMUNITY Commented [TM7]: In response to LRC’s request for options, this is largely intended to end up as either 8 or 9,10,11, and 12. 18 The Fort Collins City Council recognizes the critical importance of maintaining public safety, providing a safe environment, and protecting the lives and property of the citizens of Fort Collins on a daily basis as well as through preparedness and resiliency planning efforts. Therefore, the City: 1. Supports greater protections to victims of crime. 2. Supports the City’s right to use camera enforcement of traffic laws, reduce operational restrictions on the use of camera enforcement, and increases the fines associated with violations. 3. Supports protocols and funding for shared, statewide emergency response communications, including supporting Larimer Emergency Telephone Authority (LETA) and other efforts to resolve 911 diversity issues, such as through the addition of an additional 911 provider. 4. Opposes increased 911 provider tariffs without clear documentation of cost needs. 5. Opposes initiatives that have the potential to compromise officer safety. 6. Supports minimum training criteria and professional mediator certification that formally legitimizes the field of Alternative Dispute Resolution (ADR). 7. Supports maintenance of a statewide database of concealed weapons permits. 8.7. Opposes municipal liability for prisoners’ self-inflicted wounds while in police custody or detention facilities. 9.8. Opposes efforts to undermine local control or enforcement of activities on public property. 10.9. Supports a state fire code, the code of choice being the International Building and Fire Code, and allowing municipalities to adopt their own amendments. 11.10. Opposes limits to local enforcement of the International Fire Code as adopted with local amendments, imposing inspection requirements or preventing collection of permit or inspection fees as required by the local jurisdiction. 12.11. Opposes restricting any local jurisdiction from requiring the installation of fire sprinklers. 13.12. Supports the City’s ability to prohibit the use and sale of fireworks and allow counties and fire districts to prohibit and otherwise control fireworks within City boundaries. 14.13. Supports efforts to reduce abuse and improper disposal of over-the-counter and prescription drugs. 19 15.14. Supports exclusive digital communication networks for public safety personnel during emergencies. RECYCLING AND SOLID WASTE REDUCTION ENVIRONMENTAL HEALTH The City of Fort Collins endorses a multi-pronged approach to waste minimization that includes recycling, re-use, composting, and source reduction, and which also applies Sustainable Materials Management principles such as redesigning systems to reduce pollution and waste. Additionally, the City has adopted a goal of diverting 75 percent of community waste by 2020; 90 percent by 2025, and 100 percent by 2030. Therefore, the City: 1. Encourages integrated, sustainable waste management planning and implementation policy, including but not limited to centralized data collection requirements and formal statewide diversion targets. 2. Supports a regulatory authority role for local government to ensure the efficient management of recyclable material and solid waste, including application of laws that prescribe the use of county-funded disposal facilities for certain types of wastes, and other local bans on landfill disposal for certain types of debris. 3. Encourages “buy recycled” or “environmentally preferable purchasing” policies for government agency procurement. 4. Supports incentives and funding for programs that promote waste reduction, reuse and recycling, and development of related infrastructure. 5. Supports continued or increased funding for programs to collect and monitor data on trash volumes, rates of diversion from landfill disposal and economic impacts of recycling. 6. Supports greater producer responsibility initiatives, such as “take back” regulations that assist consumers to appropriately recycle packaging materials or certain products (e.g., cardboard and expanded polystyrene packaging, single-use plastic shopping bags, or mattresses). 7. Opposes CRS Section 25-17-104, which currently limits local authority to regulate packaging materials (e.g., single-use plastic bags). 8. Supports establishing a refundable deposit fee on beverage containers to increase recovery rates and pay for recycling programs. 9. Supports state and regional tax incentives for existing and new businesses that provide end markets for recycled materials in support of a domestic, circular economy. Commented [LE8]: @Susan Gordon – should this be updated given adoption of new state goals? 20 RISK MANAGEMENT AND LIABILITY HIGH PERFORMING GOVERNMENT The City of Fort Collins recognizes the dual purpose of the workers’ compensation system – providing benefits promptly to injured employees in a cost-effective manner and minimizing costly litigation. Council also recognizes that the City’s self-insurance program is a cost-efficient method to insure workers’ compensation and that government intervention or taxation can negatively impact the City. Therefore, the City: 1. Supports improving administrative efficiency of the Division of Workers’ Compensation. 2. Opposes increased insurance premium costs to employers. 3. Opposes administrative burdens or taxes to self-insurance programs. 4. Supports limits to insurance claim litigation. 5. Opposes limiting the City’s options and ability to manage workers’ compensation claims; including actions like removing existing off-sets to workers’ compensation benefits or limiting the City’s ability to designate treating physicians. 6. Opposes efforts to presumptively expand workers’ compensation coverage to illnesses or injuries that are not work related. 7. Opposes efforts to reduce or weaken protections against liability through governmental immunity or other statutory provisions. TRANSPORTATION TRANSPORTATION AND MOBILITY The City actively promotes the safety and ease of traveling to, from and throughout the community using a variety of modes of transportation. Additionally, the City’s policy is to encourage the use of bicycling, transit and walking whenever appropriate. Therefore, the City: 1. Opposes reductions to the present allocation formula of 60 percent state, 22 percent counties, and 18 percent municipalities for Highway User Tax Fund (HUTF) or any appropriations from the state using the same formula. 2. Supports alternative methods of funding transportation infrastructure needs. 21 3. Support funding the analysis and implementation of inter- and intra-regional transit linkages, including future commuter rail connectivity. 4. Encourages flexibility in federal funding and regulations in order to better meet the needs of small to medium-size communities. 5. Supports guaranteed levels of federal funding for transportation and allocation of all federal motor fuel taxes and other federal transportation trust funds for their intended transportation purposes. 6. Supports broadening the definition of the gasoline tax to a “fuel tax” that encompasses other fuel options as they become more prevalent. 7. Supports enhanced ability to implement railroad quiet zones in municipalities and a reduction in train horn decibel and duration requirements. 8. Opposes divesting highway roads in urban areas from the state and making them the sole responsibility of local jurisdictions. 9. Supports safe operation of railroads through timely track inspections, joint training and communication between railroad and emergency personnel, and the use of safe equipment. 10. Supports funding for the build out of Interstate 25 improvements, which may include a ballot measure. 11. Opposes reductions in federal dollars for bicycling, transit and walking. 12. Supports local control of public roads, pedestrian paths, and bike lanes to address emerging modes of transportation. URBAN RENEWAL AND DOWNTOWN DEVELOPMENT ECONOMIC HEALTH The state of Colorado has empowered local authorities to use Urban Renewal Authorities (URA) and Downtown Development Authorities (DDA) to encourage downtown revitalization and the elimination of blight. The main funding tool for URAs and DDAs is Tax Increment Financing (TIF) generated through property taxes. In its best intention, urban renewal and downtown revitalization restores economic vitality and improves the safety of a designated area, with limited financial impact to other government jurisdictions. Therefore, the City: 1. Opposes limitations on municipalities’ ability to utilize financing mechanisms such as TIF or Metro Districts. 2. Opposes efforts to increase influence of non-City jurisdictions over the use of TIF within City limits. 22 3. Supports maintaining the ability of downtown development authorities to utilize the full offering of tools and powers provided in the DDA Act. 3.4. Supports maintaining the ability of Urban Renewal Authorities to utilize the full offering of tools an powers provided for in state statute. WATER, WASTEWATER, AND STORMWATER ENVIRONMENTAL HEALTH; SAFE COMMUNITY The City operates a water utility, a wastewater utility, and a stormwater utility in a financially sound, reliable, safe, and environmentally acceptable responsible manner. The availability of adequate water supplies is critical to this mission the City and is managed by both the Water Supply and Demand and Supply Management Policy, and the Water Efficiency Plan, and other water-related codes, rules, regulations, plans, and policies. Therefore, the City: 1. Supports expanding the authority delegated to the state to administer federally mandated water, stormwater, and wastewater environmental regulatory programs. 2. Supports reasonable water quality regulations that are cost effective and can show identifiable benefits. 3. Supports municipal flexibility to manage in-stream flows to preserve or improve the natural environment, of the stream while protecting the integrity of Colorado’s appropriation doctrine, and protecting the City’s water supplyies, and preventing injury to other water users. This includes potential bills related to the authority for the City and others to pursue Water Court-approved instream flow augmentation plans and similar mechanisms to preserve and impose stream flows. 4. Opposes unfunded mandates. 5. Opposes barriers to financing for water conservation projects. 6. Supports funding for the recovery and treatment of the Cache la Poudre River and other waterways impacted by natural disasters. 7. Supports enhanced municipal authority to protect and increase the flexibility and resiliency of its the City’s water supplyies under Colorado’s appropriation doctrine, without causing injury to other water users and without adversely affecting in-stream flows or the natural environment of the stream. This includes potential bills related to treated water providers being able to more easily share treated water supplies between their distribution systems. 7.8. Supports reducing legal hurdles and clarifying legal ambiguities related to water reuse and greywater projects, while protecting the integrity of Colorado’s appropriation Commented [ERP9]: Explanatory Note: These are actually three separate utilities, but it was confusing the way it was drafted before. Commented [EP10]: Explanatory Note: What does environmentally “acceptable” mean? I’d suggest this change. Commented [EP11]: Explanatory Note: I don’t understand what “this mission” refers to, in part, because adequate water supplies are really only relevant to the water utility. I’d suggest this change to address this confusion. Commented [ERP12]: Explanatory Note: This misstated the name of the key policy and was overly narrow in suggesting that there are only two relevant policies. Commented [EP13]: Explanatory Note: Instream flow benefits and purposes are not limited to the natural environment “of the stream” in Colorado statutes. E.g., CRS 37-92102(3). Commented [ERP14]: Explanatory Note: It would be helpful for this policy statement to identify the prevention of injury to other water users as a goal because other water users have legally- defensible property rights in the form of water rights, and because it signals that the City wants to work with others and within the broader system, which we have understood to be the general policy direction. Commented [ERP15]: Explanatory Note: A bill will be coming from Rep. Arndt on this issue in the 2020 legislative session, which the City has been working on for some time now. Last session, the 23 doctrine, protecting the City’s water supplies, and preventing injury to other water users. 8.9. Supports streamlining federal and state permitting requirements for water development projects that increase coordination between permitting agencies, reduces administrative and financial burdens on permit applicants, and ensures robust and enforceable environmental protections. 9.10. Supports the enlargement of Halligan Reservoir as a common-sense, cost-effective, and environmentally beneficial approach to meet Fort Collins Utilities’ future water supply needs. CITY OF FORT COLLINS LEGISLATIVE CONTACTS Legislative Review Committee Name District/Title Email Phone Councilmember Ross Cunniff, Chair District 5 rcunniff@fcgov.com (970) 420-7398 Councilmember Ken Summers District 3 ksummers@fcgov.com (970) 221-6878 Councilmember Susan Gutowsky District 1 sgutowski@fcgov.com (970) 215-6308 Darin Atteberry City Manager datteberry@fcgov.com (970) 221-6505 Commented [ERP18]: Explanatory Note: There are no policy statements related to graywater. There are lots of legal issues that are keeping graywater from happening, many of which can only realistically be addressed through statewide legislation. Commented [EP19]: Explanatory Note: The Halligan Reservoir enlargement will only provide water for customers in the Fort Collins Utilties water service area, which does not include all of Fort Collins. 24 Jeff Mihelich Deputy City Manager jmihelich@fcgov.com (970) 416-2899 Carrie Daggett City Attorney cdaggett@fcgov.com (970) 416-2463 Tyler Marr Honore Depew Legislative Staff tmarr@fcgov.com hdepew@fcgov.com (970) 416-4205 (970) 224-6094 Legislative Staff Liaison Members Topic Area Name Title Email Phone Affordable Housing and Social Sustainability Beth Sowder Social Sustainability Director bsowder@fcgov.com (970) 221-6752 Air Quality Cassie Archuleta Environmental Program Manager carchuleta@fcgov.co m Broadband Colman Keane Broadband Director ckeane@fcgov.com (610) 224-6001 Cable Television Franchise Carson Hamlin Cable Television Manager chamlin@fcgov.com (970) 221-6510 Climate Lindsay Ex Environmental Program Manager lex@fcgov.com (970)224-6143 Environmental Protection Lucinda Smith Environmental Services Director lsmith@fcgov.com (970) 224-6085 Elections, Liquor and Marijuana Licensing Delynn Coldiron City Clerk decoldiron@fcgov.co m (970) 416-2995 Cultural Services, Parks and Recreation Mike Calhoon Director of Parks mcalhoon@fcgov.com (970) 416-2079 Energy Tim McCollough, John Phelan Light and Power, Deputy Utilities Director Energy Services, Senior Manager tmccollough@fcgov.c om jphelan@fcgov.com (970) 416-2622 (970) 416-2539 Finance Mike Beckstead Chief Financial Officer mbeckstead@fcgov.c 25 Natural Areas, Open Lands and Cache la Poudre River Issues John Stokes Natural Areas Director jstokes@fcgov.com (970) 221-6263 Building Services Russ Hovland Chief Building Official rhovland@fcgov.com (970) 416-2341 Planning and Land Use Tom Leeson Community Development and Neighborhood Services Director tleeson@fcgov.com (970) 221-6287 Public Safety Greg Yeager Deputy Chief of Police gyeager@fcgov.com (970) 416-2185 Recycling and Solid Waste Susie Gordon Environmental Program Manager sgordon@fcgov.com (970) 221-6265 Risk Management Safety, Security, and Risk Management Director (970) 221-6774 Stormwater Theresa Connor Water Engineering Field Operations, Deputy Utilities Director tconnor@fcgov.com (970) 221-6671 Transportation Dean Klingner Planning, Development and Transportation Deputy Director Dklingner@fcgov.com (970) 416-2029 Utilities Customer Connections Lisa Rosintoski Customer Connections, Deputy Utilities Director lrosintoski@fcgov.co m (970) 416-2432 Water Supply and Quality Carol Webb Water Resource and Treatment Operations, Deputy Utilities Director cwebb@fcgov.com (970) 221-6231 om (970) 221-6795 Economic Health Josh Birks Economic Health Director jbirks@fcgov.com (970) 221-6324 Fire Protection and HAZMAT Mgmt Tom DeMint Division Chief, Poudre Fire Authority tdemint@poudre- fire.org (970) 416-2871566- 7274 Human Resources Teresa Roche Assistant Human Resources DirectorChief Human Resources Officer troche@fcgov.com (970) 221-6826 City expressly and vocally supported a similar bill, which will be coming again. It would be helpful to have the policy more directly identify this bill’s concept and purpose. Commented [ERP16]: Explanatory Note: Again, it would be helpful for this policy statement to identify the prevention of injury to other water users as a goal. Commented [ERP17]: Explanatory Note: A bill will be coming from Rep. Arndt on this issue, which the City worked on previously in 2017 and 2018. The City will likely coordinate with Greeley on this bill. It would be helpful to have the policy more directly identify this bill’s concept and purpose.