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CC Resolution No. 1967 - Establishing 2009 State-Federal Legislative Agenda RESOLUTION NO.1967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,ESTABLISHING THE CITY OF BAYTOWN'S LEGISLATIVE AGENDA FOR THE 2009 STATE AND FEDERAL LEGISLATIVE SESSIONS;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1:That the City Council of the City of Baytown,Texas,hereby establishes the City of Baytown's Legislative Agenda for the 2009 State Legislative Session,which is attached hereto as Exhibit"A"and incorporated herein for all intents and purposes. Section 2:That the City Council of the City of Baytown,Texas,hereby establishes the City of Baytown's Legislative Agenda for the 2009 Federal Legislative Session,which is attached hereto as Exhibit"B"and incorporated herein for all intents and purposes. Section 2:This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED,READ and PASSED,by the affirmative v e of the City Council of the City of Baytown this the 12th day of February,2009. ST PHE DONCARLOS,Mayor ATT ST: �pYTO►y� I�AYT E DARNELL,City Clerk A. En s� APPROVED AS TO FORM: 16&ACIO RAMIREZ,SR..Ci ttorney \\cobsrvl\L.egal\Karen\Files\CityCounciMesolutions\2009\February 12\Establish2009state&l-ederalLegislativeAgenda.doc Exhibit"A" State Legislative Priorities 81"Legislature,Regular Session City of Baytown,Texas Legislation 1.Cedar Bayou Navigation District-strengthen the language requiring the District to consider the adjacent community when regulating what can be built along the Cedar Bayou waterway and exercise their responsibility to regulate what gets built along the Bayou. 2.Barge Terminal-legislation forbidding the construction of a barge terminal within 500'of residential dwelling units or public park land.Require any projects to permitted by the AHJ over the ETJ and to meet the latest environmental regulations at the time of issuance of the LOCAL permit.Maybe even 5 year term,non-renewable if construction has not started 3.Municipal Development Districts-Legislation to allow Municipal Development Districts(MDD)to spend MDD sales tax revenue on recruitment and expansion of retail development in"redevelopment'areas.This will have to be crafted to target this expenditure authorization to redevelopment areas(such as Baytown's Market Street,Texas Ave.and N.Alexander).Due to retail competition issues in the Metroplex.this may have to be bracketed to Harris County only. TxDOT 1.ROW Maintenance-allow TxDOT to contract with municipalities to perform ROW mowing and trash removal and reimburse them in an amount equal to what their current contract costs. 2.Misc.Projects-Infrastructure projects resulting from Hurricane IKE funds and Economic Stimulus Package funds from the list provided to TxDOT and Harris County. 3.Apply for Legislative authorization to utilize local government funds for the installation and maintenance of the signage designating Spur 330(Decker Drive) as the Veterans Memorial Highway.This designation was approved by the legislature in 2005(HB 1136)but provided"private"funding.The Texas Attorney General ruled that wording in the bill(private funds)means no government funds could be used for the approximately$16,000 signage cost.This precludes the City of Baytown from funding the cost.It also precludes the City from accepting donations since the AG ruled that once donations are made to the City they become"public funds".An alternate would be to provide for TxDOT funding.although that is more difficult to get approved. Insurance 1.Tier I Standards-do not require Baytown to retroactively enforce Tier 1 construction standards for either residential or commercial structures. State Legislative Priorities 8 1"Legislature,Regular Session City of Baytown,Texas Baytown will voluntarily require Tier 1 construction standards for all new construction. 2.TWl-fix the funding for Texas Wind Insurance and require TWI to honor our residents'claims in a more timely manner. Emergency Management 1.School Funding-restructure the methods public schools are funded allowing them to close in the event of a declared emergency and still receive funding for those days.This will allow schools to support emergency situations with transportation assets and serve as public shelters. 2.Schools as Shelters-provide state funding for the incremental cost necessary to upgrade school construction standards to build them to the Red Cross/FEMA/GDEM shelter standards. 3.Streamline State OEM-Fund the current project for emergency funding so the OEM can more rapidly support communities during and after a disaster 4.Gas Station/Grocery Generators-allow municipalities to require strategic gas stations and grocery stores to have backup generator power in the case of an emergency.Provide state grants to find the generators if required by a municipality. 5.Convalescent,Nursing Home,Assisted Living and Related Institution Regulations Amendment Title 4,Subtitle B,Chapter 242 Texas Statutes a.Require annually updated Comprehensive Emergency Plans(each February)as a condition of institution licensure. b.Require facilities in evacuation zones to have annually renewed,signed contracts for off-site hosting of their population outside of evacuation zones. c.Require TX DADS inspectors to verify institution Comprehensive Emergency Plan approval by local Emergency Management Agency as part of annual inspection. d.Require local Emergency Management Agency review and approval of institution Comprehensive Emergency Plans annually(cities to govern within city limits and ETJ). e.Require use of standardized template for creation of institution Comprehensive Emergency Plans(sample attached). f.Establish penalties for non-compliance and authorize local Emergency Management Agency with enforcement authority over institution. Violations would constitute Health&Safety threat.Penalties would be as adopted by local ordinance or code. Lobbyist-Randy Cain Exhibit"B" Federal Legislative Priorities I loth Congress,2nd Session City of Baytown,Texas Appropriations Historic and Economically Disadvantaged Area Revitalization Initiatives The City seeks federal assistance to implement projects that revitalize Downtown and economically disadvantaged areas of Bayto«,n into wonderful places for residents and visitors to live,work and play. Texas Avenue Streetscape Phase 2-$2.5 million Transform Texas Avenue into a pedestrian friendly area with landscaped sidewalks and medians with areas available for public art.The project also includes new benches,trash receptacles,bike racks and decorative street lighting. Estimated cost:$4.5 million-Goal is to obtain$2.5 million to continue construction of Texas Avenue Streetscape beyond the pilot project and into Phase 2.To support growth in the downtown areas.the City has invested over$1 million in master planning,design,roadway and utility improvements along Texas Avenue. Bayland Island Marina Waterfront-$2.5 million Implement waterfront improvements to marina along with Hurricane Ike repairs,sidewalk widening,parking lot upgrades and landscaping and dredging. The total estimated cost is$4 million.The Texas Municipal League Insurance policy limits provided$1.5 million to recover and restore but the funds fall short of repair and replacement costs. Wastewater Infrastructure Goal is to obtain a$2.2 million appropriation in FY 2009 VA-HUD appropriations bill under State and Tribal for assistance to repair and upgrade wastewater infrastructure. System upgrade is needed to meet federal and state regulations. This is the City's first request from the Environmental Protection Agency's State and Tribal Assistance Grants(STAG)to supplement the local resources dedicated to this initiative.The City has spent$75 million over the last seven years to repair and improve our wastewater infrastructure and has allocated an additional$14.3 million in the current budget to continue this improvement.The Federal assistance is needed to continue to target key infrastructure components. Federal Legislative Priorities 110th Congress,2"d Session City of Baytown,Texas Transportation Infrastructure Goal is to obtain$12 million in Highway Bill funding for the construction of a critical transportation infrastructure link for hurricane and disaster evacuation. The estimated cost of the Highway 146/Spur 330 flyover is$18 million.The Texas Department of Transportation can assist with partial funding and design to reduce the funding shortfall to $12 million.This connector is essential to eliminate the bottleneck of three signalized intersections that must be crossed for evacuees to move from Highway 146 to Spur 330 along the State-mandated evacuation route. Federal Legislative Priorities 110th Congress,2nd Session City of Baytown,Texas Issues to Support Brownfields Remediation Support legislation that diversifies loans into grants. Increase funding for Brownfields assessment and cleanup. Fire Act Provide funding for pre/post disaster mitigation(i.e.,first response training,hardening of facilities,equipment). Maintain funding levels for SAFER legislation that provides additional staffing for fire and medical emergencies. Public Works Monitor Transportation Enhancement Funds. Provide funding for hardening of existing infrastructure to mitigate natural and man-made disasters. Increase funding for land and water conservation projects. Homeland Security Mandates Support legislation that would provide federal funding for Homeland Security mandates assigned to local governments. Property Insurance Support legislation that would create and implement a national catastrophe fund for major disaster relief. United States Conference of Mavors Priorities Energy Efficiency and Conservation Block Grant(EECBG) The final legislation should specifically fund the authorized EECBG at no less than the$3.5 billion contained in the House bill. Surface Transportation Program(STP)for Highway Funding All highway funds should be distributed under the existing,authorized Surface Transportation Program(STP).This would result in 62.5 percent of highway funds going to local areas. Community Development Block Grant(CDBG) The final legislation should fund the Community Development Block Grant(CDBG)at no less than$8 billion.This is a conservative recommendation based on our most recent"Ready to Go"Report that found that 779 cities are ready to spend$26 billion in CDBG to create 385,256 jobs. Federal Legislative Priorities I I oth Congress,2nd Session City of Baytown,Texas Eliminate Hard Cap on COPS Funding Congress should remove the$75,000 per officer hard cap to ensure that needed officers can be hired,and Congress should provide flexibility in the use of funds so that public safety officers can be both hired and maintained during this severe economic crisis. Grants(Not Loans)for Water and Wastewater Infrastructure Congress should reestablish a water and wastewater program that provides money directly to metro areas through grants or zero interest loans. Federal Legislative Priorities 110th Congress,2nd Session City of Baytown,Texas Issues to Oppose Oppose the CLEAR Act(Clear Law Enforcement for Criminal Alien Removal)-Oppose mandates that will require local police officers to track immigration violations discovered during normal law enforcement activities. Oppose legislation that will eliminate or reduce current funding levels for Community Development Block Grants and Housing and Urban Development Programs. Oppose efforts that reduce or eliminate a municipality's ability to collect franchise fees for use of rights-of-way. Oppose legislation that requires municipalities to fund former state and federal programs without providing the associated resources.(unfunded mandates) Federal Legislative Priorities 110`h Congress,2nd Session City of Baytown,Texas Historic and Economically Disadvantaged Area Revitalization Initiatives $590009000 Once considered the heart of the city,Texas Avenue is struggling to meet the growing demands of our residents,visitors,and local businesses.The City of Baytown is seeking funding to assist with the Downtown Revitalization Initiative,a comprehensive plan that will redevelop downtown into a premier destination for residents and visitors to live,work,and play. Downtown Baytown is poised for great accomplishments and has the unique qualities to become the community's gathering place.Bicentennial Park is the city's premier park and outdoor entertainment venue.The park overlooks Goose Creek and hosts many community events,such as the July 41h Festival,a two-day concert series of prominent country artists free to the public. The City of Baytown is committed to revitalizing downtown while simultaneously promoting economic development by helping residents maintain employment and stimulating commercial growth to produce increased employment opportunities.The total cost of the Downtown Revitalization Initiative is$4 million.With the requested$2.5 million appropriation.the City will be able to implement the following project components: Texas Avenue Streetscape Phase 2 Transform Texas Avenue into a pedestrian friendly area with landscaped sidewalks and medians with areas available for public art.Enhancements also include new benches,trash receptacles,bike racks,and decorative street lighting. Estimated Cost:$4.5 million-Goal is to obtain$2.5million to continuer construction of Texas Avenue Streetscape beyond the pilot project and into Phase 2.To support growth in the downtown area,the City has invested$1 million in master planning.design,historic signage, historic oak tree plaza,water.wastewater,street repairs,roadway and other utility improvements along Texas Avenue within the last four years.To supplement local resources, the City received a$700,000 HUD Economic Development Initiative Grant to assist with implementation of a demonstration block on Texas Avenue. Bayland Island Implement waterfront improvements with dock repairs,sidewalk widening,parking lot upgrades,landscaping. Estimated Cost:$4 million-Goal is to obtain$2.5 million to rebuild the waterfront at Bayland Island.The Baytown Municipal Development District(MDD)has dedicated$50,000 annually. In addition,the City received a$1.5 million insurance settlement from the Texas Municipal League for damages resulting from Hurricane Ike. Federal Legislative Priorities 1101h Congress,2nd Session City of Baytown,Texas Wastewater and Water Infrastructure Request:$2,200,000 The City of Baytown is seeking assistance in funding a six-year,$140 million Capital Improvement Project that will rehabilitate and upgrade the City's wastewater and water infrastructure to comply with increased federal and state regulations,maintain its condition and reliability and save costs.The City has implemented an asset management program to assess equipment condition,optimize work practices and ensure funding remains in place to sustain infrastructure improvements over time. Central District Wastewater Treatment Plant Improvements. This project rehabilitates portions of the Central District Wastewater Treatment plant.The work includes elevation of redesign of critical components to reduce the storm surge impacts suffered during Hurricane Ike.These include the influent lift station,blower building, administration/laboratory building and grit removal process.The internal piping needs to be replaced to improve energy and operating efficiency.along with the chlorine contact basin and plant pumping/transfer systems.Post-storm emergency power systems are also a part of this project.The estimated cost of the rehabilitation is$6,300,000. East District Wastewater Treatment Plant Emergency Power. Installation of an emergency generator for the East District Wastewater Treatment Plant at an estimate cost of$1 million to provide the capability to treat wastewater effluent during emergencies.This will avoid the discharge of untreated effluent into coastal waterways. Rehabilitation and replacement of gravity sewer lines,force mains,and lift stations. Major rehabilitation of,portions of the existing sanitary sewer collection and transmission systems throughout the City is estimated at over$10,000,000.Rehabilitation will include replacement of two lift stations:repairing,replacing,and enlarging gravity and force mains and transmission lines. Each treatment plant and pump station will be fitted to receive generator power in the event of an emergency. { �.y.. i- •�_�. -t':