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Home My WebLink About1982-05-18; City Council; 7007; Legislative Issues0 LI.I :::-, 0 0:: a.. a. < z 0 t c( ..J 0 z :, 0 (.) AB#-2.oo7 MTG. 5/18/82 DEPT. C, Mgr, --' ' CIT'. JF CARLSBAD -AGEND~ JILL I.!Il,_E; LEGISLATIVE ISSUES RECOMMENDED ACTION: 1. Oppcse SB 1785 (Foran) which would restrict use of park-in-lieu fees. DEPT. HD. _ CITY ATTYVFl3 CITY MGR.~ 2. Adopt Resolution No. l,8'1,~ suggested by the City of Richmond regarding commercial truck traffic accidents. 3. Support Governor's budget which would provide funds for water reclamation projects. ITEM EXPLANATION Park-in-lieu fee restrictions SB 1785 would restrict the use of park-in-lieu fees. The Parks and Recreation Director has prepared the attached memo outlining the impact on Carlsbad. Commercial truck traffic accidents The City of Richmond is asking cities to adopt a resolution expressing concern about commercial truck accidents. The attached resolution has been prepared for council consideration. According to the Carlsbad Police Department, in 1981 there were 15 reported traffic accidents involving apparent commercialt~ucks on our city streets. In 12 of these the truck was listed as party most at fault. In 2 of the traffic accidents the truck was only vehicle involved and in 1 of the traffic accidents the truck was struck while parked. Funding for Water Reclamation projects Councilman Anear is asking Council to support efforts to obtain grant funding for San Diego Water Reclamation Association projects. The Governor has included these projects in the budget for the Department of Water Resources. The state legislature is reviewing the budget and should be urged to leave the funds in the Governor's recommended budget. A letter urging support for these projects is attached and will be sent to the list of legislators included with the letter. FISCAL IMPACT -No direct fiscal impact. EXHIBI'.rS 1. Memo from Parks & Recreation Director dated May 7, 1982. 2. Letter from League of California Cities dated May 4, 1982. 3. Resolution No. & '1"7 g 4. Letter from City of Richmond dated March 11, 1982. 5. Letter of support for water reclamation projects from the City of Carlsbad. M E M O R A N D U M TO Frar1k Aleshire, City Manage;..., FROM DATE SUBJECT: David Bradstreet, Parks and Rec~eation Director J:515' May 7, 1982 A. Joint Use City/Sc~ool Facilities B. Park-In-Lieu Fee Changes BACKGROUND I called Bob Overstreet, California Stnte Parks and Recreation representative to the League of California Cities, to find out what is happening throubhout the state regarding: A. Joint use of city/school facilities. B. Quimby Act SB 1785 Restr•ictions. RECOMMENDATION A. Continue to negotiate with all school districts for equit- able facility and grounds use agreeroents. B. Direct staff to contact all state officials to oppose SB 1785 (Foran), restriction on park-in-lieu fees (QuimoyAct). DISi:!USSION A. Joint Use of City/School Facilities: 1. Current legislation allows schools to charge reasonable fees for .facility use. Not all districts are doing so. 2. SB 1651 (Russell} amends language in the Civic Center Act that repeals the provisions to give free use of school facilities to public agencies. -- 3. SB 2634 (Farr) and SB 1667 (Davis) authorize a school district to charge its direct out-of-pocket costs in- curred in making school facilities available to public agencies. ,~. The general feeling state-wide is where there is a good relationship between city and school district, existing agreP.ments, calling out equitable use arrangements, will continue. Where relationships are bad, new agreements are being negotiated. 5. Agreements vary from city to city. 'T'hey are not all consistent. -1 - -- B. Quimby Act SB 1785 (Foran) Revisions: 1. Basically, the bill alleges that cities' park-in-lieu fees are in excess of reasonable standards and that these fees are raising the cost of housing to unjusti- fied heights. 2. Specifically, SB 1785 would: a. Limit park standards to 2.5/1,000 residents. Carlsbad has recently adopted the 2.5/1,000 standard for park-in-lieu. b. Fee will be payable at occupancy or final building inspection. Carlsbad's policy is fees are paid at final map. c. Can nor use park-in-lieu fees for maintenance/ operation. Carlsbad does not use fees for maintenance/ operation. d. Commercial subdivisions will not be required to pay fees. Carlsbad does not require any commercial development to pay park-in-lieu fees. e. Require credit for private open space usable for active recreation. Carlsbad no longer allows a 25% credit for recreational use within planned developments and/or condominium projects. f. If funds are not committed within five years, subdivisions are to be refunded fees collected. Carlsbad has a five-year development program that meets requirements. g. You must show how, when and where fees will be expended. Carlsbad has and will continue to have an expenditure program. 3. Most cities in California require approximately five acres of park area per 1,000 ~esients. In Carlsbad our standard is: a. b. c. Community Special Resource Areas Special Use Areas 2.0/1,000 (PIL) 2.5/1,000 .5/1,000 (PIL) 5.0/1,000 4. Home builders argue that land use regulations, including park-in-lieu fees, are a major impediment to housing devel- opment. The fact is, according to a recent League study, the real reason is high interest rates and inadequate finance resources. -2 -3 5. All cities and major California organizations oppose SB 1785. It is felt the limtt is unnocessary and it is not in the public's best interest. SUMMARY If SB 1785 is adopted, it will put local land use power under state control. DLB:kap -3 - CaMornla c,1,es Work Together League of California Cities Sacramento, California May 4, 1982 TO: CITY MANAGERS IN CITIES WITH PARKLAND DEDICATION ORDINANCES RE: SB 1785 (FORAN) We need your help! Our information indicates that your city has a parkland standard that exceeds 2.5 acres per 1000 population. Although all of that parkland is probably not obtained from dedications and in-lieu-of-dedication fees collected from developers (we call them "Quimby Act" fees in Sacramento), probably a large portion of it is. Senator Foran recently introduced SB 1785, which limits the dedication a city could get from a developer to a maximum of 2.5 acres per thousand, and limits in-lieu fees to a similar standard. Obviously, this could have a severe impact on your city's park and recreation facilities. SB 1785 is part of the Democratic leadership's housing package, The leadership believes that this park dedication requirement contributes significantly to the cost of hcur.ing in the state even though a re.:ent building industry study shows that the average dedication is 5 acres per thousand population, and the average in-lieu-of- dedication fee is $640 per single-family unit and $526 per multi-family unit. Clearly, cutting the $640 to $320 is not likely to have a significant impact on the cost of an average home, but will have a significant adverse effect on parks. We request that you write and call your legislators, both in your current and new districts. Please be prepared to give them information on the following: {a) Your parkland dedication requirement; (b) The amc,unt of your in-lieu fee per dwelling unit; {c) The average cost of a home in your city; {d) How this bill would adversely impact your park acquisition and development program, while minimaJJy reducing the cost of housing. It will take an all-out effort to defeat SB 1785, and we're counting on you for help. Thanks in advance. The bill is now in the Senate Finance Committee and wilJ probably be passed by the Senate. Since it is part of the Senate leadership's housing package, our best chance to stop it is in the Assembly Local Government Committee. The members of that Committee should be lobbied strongly. They are: Robert Frazee (Chair), Dominic Cortese (Vice Chair), Jim Cramer, WalJy Herger, Matthew (Marty) Martinez, John Thurman, Curtis Tucker, and Cathie Wright. HEADOUARTEilS 140\I K STREET, SACRAMENTO 95814 (916) 444.5790 CONF'.:RENCE REGISTRATION OFFICE HOTEL CLAREMONT, BERKELEY 94705 (415) 843·3083 SOUTHERN CALIFORNIA OFFICE 900 WILSHIRE BLVD, SlJfTE 702, LOS ANGELES 90017 (213) 624-403-1 .J- ' - J. 2 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 21· 22 23 24 25 26 27' 28 RESOLUTION NO, 6872 RESOLUTION EXPRESSING THE CITY OF CARLSBAD'S CON~ERN OVER THE FREQUENCY ~F MAJOR TRAFFIC ACCIDENTS IN THE AREA INVOLVING COMMEkJiAL TRUCKS; EXPRESSING CONCERN OVER HAZARDOCS DRIVING PRACTICES OF TRUCKERS ON LOCAL ~IGUWAYS; AND SUPPORTING CURRENT EFFORTS TO ALLEVIATE PRESENT CONDI?IOdS. !·1HEREf.S I the City of C.e.rleb.!!d hes beco::ie incre!!ni-ngl:y concerned about the incidence of major traffic accidents involving trucks on local highways; and WHEREAS, .while 11 trucks 11 -Cco,nmercial vehicles of unladen weight exceeding 6,000 lbs.) ~omprise only 2.29% of the total r~gistered motor vehicles in the State of California but were involved in 9.9% of the faL4l and 4,6% of the injury accidents du ring, 1980 ;. and • WHEREAS, truck drivers were found to be at fault in 28.2% of the fatal accidents and 37.8% of the injury accidents in the State during 1980, and in 90% of these ,case~ driver error was the c)1use; and ~HEREAS, the single largest cause of truck-at-fault accidents was excessive speed (32.4%) while another 57.6% was other negligent, improper or hazardous driving techniques; ~nd . WHEREAS, traffic.accidents involving trucks occur at a "frequency 2-3 times greater than their proportionate numbers on tl!e road; and WHEREAS, accident~ involving t~ucks generally have a ireater impact because of the size and weigWt of the vehicle being driven, and increasingly because of the the nature of Lhe load bein'g hauled; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Ca~lsbad, California. thaty Section 1. The.City Council supports and urges the continuation of current enforcement efforts by the California Highway Patrol such as 11 commerc'ial .corridor" programs and "critical items inspection". S~ction 2, The City Council supports and urges the continuation of th~ self-policing efforts of ~he,CaLifornia Trucking Association such as the Highway Safety Hotline, and educational avareness pcograms for their members. //,'/ II II Ill/ l Section 3. The City Council supports the federal Depart- ment of Transportation regulations aimed at alleviating the 2 current situation especially the numeric code system esta}?lished for identifying hazardous substances and establishing action plans 3 in the event of spillage. 4 Section 4. The City Council supports measures passed by the State Legislature increasing the scope of responsibility of 5 the California Highway Patrol and grantirig them additional enforce- ment powers; such as AB1012 requiring special licensing and 6 inspections for the transport of hazardous materials. 7 The City Council encourages the Legislature to grant the agency sufficient resources ~o enable them to carry out their 8 new mandates. 9 The City Council encourages the State Legislature to speedily adopt AB 1206, establish.ing a Professional Driver's Code, inc:i:-easing 10 the training and skill necessary to operate a commercial vehicle, and increasing penalties for convictions involving Class I vehi..:le ll operators. This seems a necessary next step as driver error and f.'ailure to obey traffic laws are the overwhelming factors in 12 truck-at-fault accidents. 13 Section 5. The Cit:r Clerk il? hereby directed to forward copies of this resolution to Gov ... rnor Brown, Chairs of the Assembly 14 and Senate Committees on •rransportation., the California Highway Patrol, the Californi~ Trucking Association, Assemblyman Frazee 15 and State Senator Craven • . 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day c;,f _.Ma:=Y---- l 7 1982, by the following vote, to ~i~: AYES: NOES: ABSENTt ATTEST: Council Menbers Casler, P..near, and Kulchin None Council Menbers Packard, and Lewis . . .<-:A'i;;j J ·~ . RONALI). PACKARD, Mayor MARY H. WIER, Vice-Mayor ·1e 19 20 21 22 23 24 25 . /J ~: </-!Mk ~ l?o..~::J-r-,-J~ "'-· ~"'L. RA'fEl'lKRl\N---z;=~rk 26 2,7 28 (SEAL) 7 . ' M~u·ch 11, 1982 Dear Mayor and <t:ouncil Members: The City of Richmond is gravely concerned over the frequency of major traffic accident; involving commercial trucks not only in our area, but statewide as well. Statistics from the California. Highway Patrol, ~-Tran!, ~ the Department of Motor Vehicles indicate traffic accidents . :i_nvolvj.ng ~rucka hccur at a frequency statewide 2-3 times greater than their .. propo--ntlma"t'e numbers on the road. This frequency can be exceeded in certain "commercial corridors" such as Interstate 80 and Highway 17, both which traverse the City of Richmond. Consequently, the. City of Richmond requests ypu.r review and support of the attached resolution. The resolution addresses the frequency of acci- dents involving trucks; hazardous driving practices of some commercial truckers; and the substantial cost to the public in property damage, bodily injury, health hazard, and f:raf5.c delay that results from these accidents. The Resolution also supp(·} ts current efforts by the State and Federal government to address this problem. Unfort~ ... ~ely, Assembly Bill 1206 mentioned in the Resolution, died in the Ways aud Means Committee as a · result of Teamster C;P,position, accordL?l& t-, A:;semblyman Bruce Young's office. V We sincerely urge you to adopt a Resolution similar to that enclosed and forward your experience and concerns to your State and Federal represent- atives and other involved agencies. We request that you urge your State representatives to support a bill requiring stricter driving requ,i.rements and penalties for Class I drivers such as AB 1206., Wf' ~.l~o request that you urge equal enforcement of current traffic laws by the California Highway Patrol and adequate resources for the Agency to impact the high accident .-ate. The City of Ri-::hmond appreciates your joining us in an effort to aileviate a dangerous and costly situation. Attachment ~e:yuJ Don Wagerman,~ City of Richmond Chairman, Public Sa.t.aty and Services Committee City of Richmond California 94804 telephone: 415 231-2000 1 \ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Offfco of the Mayor --. TELEPHONE: (714) 438•5561 The City of Carlsbad is a charter me111oer of the San Diego County Region Water Reclamation Agency. We hnve participated with other agencies in our region for the purposes of advancing innovative sewer treatment projects in order that they may be completely pilot tested before introduction to general use. Two projects, one to provide for trbatment of sewage to the level that it may be safely used for live streams and the second to produce light weight aggregate from sludge, have been approved by the Governor for funding by the Department of Water Resources. We strongly urge you to support this funding during your current budget deliberations. Both pro- jects are at that point in their project demonstration cycle that deferral of funding to future years would result in the loss of technicians ~nd favorable equipment prices that could only result in higher future costs. Funding in FY 82-83 is essential to the orderly development process. Sincerely, RONALD C. PACKARD Mayor Th~ attached letter was sent to the following legislative r~presentatives: 1) 2) 3) • 4) The Honorable John G. Schn1i tz State Senate 36th District 4600 C~mpus Drive, Suite 5 Newport Beach, Ca 92660 The Honorable Marian Bergeson State Assembly 74th District 4500 Camous Drivr.!, Suite 344 Newport Beach, Ca 92660 The Honoiable David G. Kelley State Assembly 75th District 71321 Highway 111, Suite 7 Rancho Mirage, Ca 92270 The lionorablf! Robert C. Frazee state Assembly 76th Distr5.ct 2725 Jefferson St., Ste. 14 Carlsbad, Ca 92008 5) The Honorable Larry Stirling State Assembly 77th District 7051 Alvera:lo Rd., Su.He C La Mesa, Ca 92041 S) The Honorable Lawrence Kapiloff State Assembly 78th Distr:ict 957 Hornblcnd Street •t.:>-" San Diego, Ca 92109 7) 8) 9) 10) The Honorable Pete Chacon State Assembly 19th District 5106 Federal Blvd., S~e. 20 San Diego, Ca 92105 Th·e Honorable Wadie P. Dedd, State Assembly 80th District 815 Third Ave., Ste. 219 C~ula Vista, Ca 92011 The Honorable William .l\. Cra, State Senate 38th District 550 W. Vista Way, Ste. 201 Vista, Ca 92083 The Honorable Jim Ellis State Senate 39th District 27.55 Navajo Road El Cajon, Ca 92020 '0 l: 1 ( ) . ' .. -~..,,r:➔1~•,---Y:-•-7•~~r~•··!,~~:•~.:: ·:-~,,~,,... .. .,.;,..:~tj ... ,~,' .. .,..• ••• j, ... ~"""•:-, ... ~,""~:¥+,""•.'1>''~~-N~•!",":,::0• "'>!' ... ,: .... ,~~?~::·7•/•-,~-,li!' ... ~~ ..... ?"...,,:A~-.. -,::•:-.. ;: