HomeMy WebLinkAbout1993-03-02; City Council; 12093; 1993 LEGISLATIVE PLATFORM\ ,' ; '* I " , I
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DEPT. CM 1993 LEGISLATIVE PLATFORM
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RECOMMENDED ACTION:
Consider and adopt the attached 1993 City Council Legislative Platforr
presented.
I'IEM EXPLANATION:
Each year the City Council adopts a legislative platform which states its positio
issues, sorted into several categories. This year, the platform categories are:
e Local Government Finance
e Labor Relations e
e Tort Refom e
e Transportation
e Waterfront e
e Water Management e
e Environment e
Waste Management
General Government
Law Enforcement
Land Use Planning
Housing
Redevelopment Child Care
Immigrants
By establishing the City's position on these issues, staff is able to quickly res]
to related legislation which could have an impact on the City of Carlsbad. The
expresses its position on legislation by writing letters or sending mailgrams to !
and Federal legislators, the Governor, or the President. This year's platfom
several proposed additions in the areas of Local Government Finance, Envirort
and Housing and adds a section on Redevelopment. The proposed addition:
based on City Council actions this past year, and recommendations of val
department heads.
The proposed additions are blocked for easy identification; deletions are closed
EXHIBITS:
1. City of Carlsbad 1993 Legislative Platform.
2. Constraints: Article xxxlv of the California Constitution.
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1. Loml Government Finance:
(a) Oppose any measure which shifts revenue from all units of local govern
to other agencies.
(b) S~pport measures that implement basic structural changes in 5 government that result in State budget expenditures being brought
balance with State revenues.
(c) Support measures which safeguard existing revenue sources from preemx
by the State or County.
(d) Oppose any change in revenue allocations which would negatively d
local government, including the redistribution of sales tax, property
transient occupancy tax and vehicle in-lieu fees.
(e) Support measures which would provide fiscal independence to cities.
(f) Oppose any measure that would make cities more dependent on the Stat
financial stability and policy direction.
(g) Oppose measures which would impose State and Federal mandated cost
which there is no guarantee of local reimbursement or offsetting benefit
would shift the cost of government services to cities.
(h) Support efforts which make funds to support public facilities (i.e. libra open space) more available to local municipalities.
(i) Oppose any measure that restricts or limits a public entity's ability to usc
exempt debt for the purchase or construction of public purl
improvements.
0') Support measures which relieve taxpayers of the burden of paying
seryices which could be charged directly to the service use.
(k) Support efforts which would provide greater accountability on the pa
counties for the distribution of funds back to municipalities, including, not limited to, fines and forfeitures.
(1) Support efforts to reinstate flexibility in the administration of Article X
(the Gann Initiative).
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(m) Oppose * lation which shifts State/County %ll 6 al justice costs to cit
(n) Oppose the use of the federal gas tax for Federal debt reduction.
2. Labor Re!lations:
(a) Oppose any measure which would impose compulsory and bind
arbitration with respect to public employees.
(b) Oppose any measure which would grant employee benefits that should
decided .at the local bargaining table.
(c) Oppose any efforts which would reduce local authority to resolve pu
employee disputes, and impose regulations of an outside agency (sud
PERB).
(d) Oppose efforts which make disciplinary proceedings for police officers sim
to criminal proceedings, making it impossible for employers to prove
administrative violation.
(e) Support legislation which limits the ability of employees to receive work
compensation benefits for occupational injuries/illnesses which result fi
stress, disciplinary action, or performance evaluations or consultations.
(f) Oppose legislation which expands or extends any presumptions
occupational injury or illness.
(g) Oppose legislation which increases workers’ compensation benefits wid
providing for concurrent cost controls.
3. Tort Refonn:
(a) Support measures to reform California’s tort system to curtail unreason:
liability exposure for public agencies and restore the ability of public agen
to obtain affordable insurance.
(b) Support legislation which increases or expands immunities for public agen
and oppose legislation which attempts to limit or restrict existing immunil
4. Transuortation:
(a) Support measures which would increase the ability of local agencie:
finance local transportation facilities.
(b) Support measures to finance local and regional transportation facilities
improvements, including alternative modes of transportation.
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(c) Suppo ??n asures that provide local and re m o funding for transporta
demand management systems or transportation systems management.
(d) Oppose transportation proposals which would adversely affect the qualil life in North San Diego County by causing trac congestion, air pollutio
other problems.
(e) Support legislation which encourages the continued evaluation of I
Miramar, East Miramar and Otay Mesa,as possible sites for an intematil
airport.
5. Waterfront:
(a) Oppose any offshore oil leasing or drilling within 20 nautical miles of
San Diego coast.
(b) Support efforts which provide funding for urban waterfront restoration
enhancement.
(c) Support efforts which would aid the restoration, preservation
enhancement of beach front property, sand, bluffs, access and parking.
(d) Support measures which would grant cities the authority of land
regulations over the placement of onshore facilities.which service offshor
drilling, to avoid the placement of such facilities near incompatible land I
(e) Support legislation which requires the double-hulling of all new oil tari
and the retrofitting of all existing oil tankers.
(f) Support legislation which promotes aquatic research and other related t
6. Water Ma~ment:
(a) Support a balanced water transportation and storage system that provide:
the needs of the San Diego region while protecting the Delta and Cel
Valley.regions with minimal impact on agriculture.
(b) Support measures which increase water supply or improve water qu within the region.
(c) Support efforts which will encourage water conservation techniques.
(d) Support efforts which will encourage the use of drought tolerant p
material.
(e) Support efforts to assist in the production and distribution of reclai water.
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7. @w Environment: .. (a) Support efforts for the safe disposal of solid, hazardous and medical wa
(b) Support legislation which seeks to protect air quality and the atmosphe
(c) Support legislation which encourages speedy action to reduce the amour
ozone depleting compounds discharged into the atmosphere.
(d) Support legislation which allocates State and/or Federal funds for
construction of facilities to capture and treat the flow of raw sewage entel
San Diego from Tijuana.
(e) Support efforts, where feasible, which promote the recyclingheclaiminl
natural resources, including water, timber, oil, gas, minerals and e:
metals.
(f) Support measures which would make low-interest loans and/or gr;
available to local agencies for programs which would encourage
recycling/reclaiming of resources.
(g) Supports efforts which promote the use of renewable sources of ene
rather than fossil fuels.
h) Support legislation which streamlines the State’of Califomia’s environma
review process.
8. Waste Manazemenk -
(a) Support measures which promote market development for recycl;
materials.
(b) Support efforts toward the procurement of recyclable materials.
(c) Support measures which extend the deadlines for AB 939 source reducl
and recycling element.
(d) Supkrt legislation which promotes some reduction measures.
9. GeIleralGovernment:
(a) Oppose Federal efforts which remove the deduction of all State and lc
taxes for Federal income tax purposes.
(b) Support measures which would strengthen cities’ ability to reorganize spe
districts.
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(c) Support %' lation which provides State assist % e for local public librar
(d) Support measures which provide adequate funding for the State Libraq
(e) . Oppose legislation which would impose penalties or limit the flexibilit local 'governments in the provision of public records.
(f) Support measures which lead to a State or national energy policy,
(g) Support legislation which reinstates competition in the cable televi:
industry.
(h) Support State and federal funding and legislation for the arts that be1
local communities.
(i) Support legislation which will consolidate reporting requirements for
Communiq Development Block Grant program.
10. Law Enforcement:
(a) Support efforts which strengthen local law enforcement.
@) Support efforts which strengthen present State or Federal laws to inm
penalties and give local governments the power to restrict or regulate
sale, manufacture, or use of dangerous drugs, including, but not limitec
PCP, methamphetamine, and narcotics.
(c) Support measures which would provide a greater share of seized asset
localities.
(d) Support efforts which discourage and prevent driving under the influenc
drugs or alcohol.
(e) Support efforts which allow local agencies to recover costs, in accid
involving driving under the influence of drugs and/or alcohol, from the g~
Party-
11. LandtkPianning.
(a) Support ef€orts to strengthen the legal and fiscal capability of local agen
to prepare, adopt and implement fiscal plans for orderly gro~
development, beautification and consenration of local pldg ar
including, but not limited to, the regulatory authority over zon
subdivisions, annexations, and redevelopment areas.
(b) Support efforts which are consistent with the doctrine of "home rule" and
local exercise of police powers, through planning and zoning processes, (
local land use.
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12. Housing w w
(a) Support efforts to develop Federal and State participation, financial sup]
and iacentives (tax benefits, grants, loans) for programs which PITY
adequate, affordable housing (home ownership and/or rental opportunil for the elderly, handicapped, and low-income persons throughout community.
(b) Support legislation that provides incentives (tax benefits, grants, 'lo
credits for affordable units) when local agencies, private developers and 1
profit groups rehabilitate residential units and commercial properties.
(c) Support legislation that would provide additional funding for rental sub
assistance programs (such as Section 8) via more vouchers or certificat
(d) Oppose legislation that would give the State ha.ncial/administrz
responsibilities for the Community Development Block Grant Prog
(CDBG).
(e) Oppose legislation that makes the local municipality or redevelopr;
agency financially responsible for the removal, abatement or mitigatio
hazardous materials.
(0 Support repeal of Article 34 of the California Constitution (see Exhibit :
additional information).
(g) Support reform of Housing Element to simplify, improve effectiveness
eliminate redundancy with other plans such as the generally-requ
Comprehensive Housing Affordability Strategy (CHAS).
(h) Support legislation which allows entitlement cities to use CDBG fun&
new construction of housing units.
13. RedevdoDment:
(a) Oppose legislation which would prohibit/limit the establishment of redevelopment project areas and/or expansion of existing project areas
(b) Oppose any legislation which allows reallocation of tax increment reve
by the State to finance agencies and/or projects other than
redevelopment project which generated the increment.
(c) Suppoi reform of reporting requirements for the Redevelopment age^
which simplify the process and eliminate the confusion regarding w
reports to file with which State agency (Housing and Commt
Development or Controllers Office or both).
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(d) Oppose % lation that would add restrictio lbdh procedural requireme regarding closed session discussions on land acquisition, use of emin
domain and disposal of property.
14. Child-
(a) Support the reduction of present regulatory complexities.
(b) Support the reduction of the burden of insurance costs.
(c) Support funding for the construction, renovation and/or maintenance of cl
care facilities.
(c) Support the provision of reasonable tax incentives for employers who o
child care services.
(d) Support legislation which focuses on quality child care in areas such
licensure, staffing, education and training.
15. Immimts
(a) Support legislation which recognizes the unique and difficult problc
associated with recent immigrants to the United States, and assist 'IC
communities in dealing with these problems in such areas as housing, he;
services, education and employment.
(b) Support legislation to increase the number of border patrol agents at
International Border.
(c) Support State and federal assistance to local communities attempting
address the needs of migrant workers.
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C3NSTWINTS: ARTICLE XXXIV CF TEE CAL!FOEN!A CClNSTiliilTiCN
S6CiaJl '! Of MC!0 WlV Cf the California Constitution provides that no 'lew rent housing pi-
be dweleped, consuuced, or aCcluired Sy. any 'sTatB public body until voter approval has been &
Tne @hcUm r0qu&8Ml1 Ot ArtfCl8 WlV C3uld limit tha participation ot a publlc bo@ in ole drvhl of low- and modme-incarne housing because of the delays, uncsltairtt~es and potantid ad expnses associated witn lac4 decJons.
Ml?lOATlNP OPPORNNIIIES:
In genera, Anlclo )cccIV recjulres that two critatia Ca met: (a) a 'sa8 puWlc m mw 'de
CQmttuCtr or acquire', {h) a 'low fern housing prcjec,,' Article XXXN would be inwlcabie H on8 ol criteria w88 abSm, It wcuId be possible to confine tne role of a publlc bocfy in a housing dovelo so that one of the two critsrta is not met and an Anlc!e W1V eledon would not be required.
In ardor to cIarrfy kfcfe XXXIV, in 1978 the Legislature enaced the Public Housing ' E lmplementatlon Law (Health and Safety Code, Section 37000 et sa. Accadlng to that, a To housing PrOjW daes nct includa the folfowlng types af development:
a Housing with 49% ut less lower incame occupancy, that is privately owned and
exempt from properry taxation (unless fully reirnkutsed to ail taxing antit'k):
b. Housing that is privately owned, ia nut exempt frcm property taxatfon by reason public. awnership and uti11zQs land banking, property acquisith resale write
guarantees and insutanca of priiate loans and other assistants not mnsthting long-term flnanciing from a public bdy:
C. Housing \hiit is developed for owner occupancy rather than rental WUPWCY; d. Housing cansisting of newiy CwmuCtad, privately owned, One tO four fafnrly dwelllr
0. Housing that consists of exis!Ing units leas4 by a stare pubtic w from a Private Iucsted en adjoining sites:
and
1. Rehabilitatbn, recanstrualon or replacement cf an existing 'low rea huing .Pra
Public bdy invalvernellt limited to these types of housing developments wuid all! help fjrcvido le rnodwaZe4ntSrne housing and would not De subjen to the Anic!e MIV electian requirement.
Not all activities canted out by pualic bodies can be defined as 'development, constructM, or aCq1 of a low rent. housing project. The meaning ol 'develop, canstruc or acquire' would rrot bo apl if !ha agency's invalvemen! in provfding low- and moderae-incame housing b IlrnitBd t0 Uffaf failowing incantivets and ccncassions;
a, ' Reducing or waiving of planning fees, building pian check and permi! few, 0
13. mdttying or roducing dwelapment sandotbs: c, granting density bonuses; or
6 peSa through of land.
dedication or infraStfUctur8 improvement$;
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* Tho Cdifcmia Supreme Court in CatVcrnia Housina Finance ACmw v, Elliot (17 Cal.2d 575 [I concluded tha wt~mever a public bm vq axtenslvely parr;lc!patos, or assists in not wrty making tent housing prom possible but ab fully reguiatinq the project 9~ that the rltttuit k that tka gwen is essentialty me landlord, the mansr will ba subjec, tg the Article x;c(lV elmian rquimment. T? public body that grants a loan for a low rent housing prcject and tne loan ts conditioned an t
government agency repukemema auch BS review and approval of plans, project financing, ope& malnt$nBRc;a standuds and occupmcj would ganeraRy comitute development and ConStNctlon
houslng proleCr and futtiM themiterla for applitablllty of Articte XXXN.
Any mortgage revenue Mnd issued of dirbc. financial assiotanc8 givan &y a publlc body ta ass&
development af a low rent housing praiect wautd neceasitato an Arttcfe WlV election I these moria aro drro ma.
On Ncvambef 4, WO, the fdlawhg measure (Propo8ition X) was placad on the carisbad Wbt tc
'Do the quofiiied electors of .the CQ af Corfsbad, pursqmt to Article xxxfv of the Canstitutbn of the State of California, approve tbe development, CoMtTuctlm, ap,d oquWilon of Iow rent nousing projects by the Clty of Caflsbad, or other Ckydeslgnaed public agency, not to exceed 250 total units on scattered sitas threuehbut tne Ctty to
Carisbad voter3 approved thls Artlcis MxlY referandurn to allow no mora than 250 mitt of 38f
1nc;~me hbuslng. Howsvsr, this authority has not ygt Men exmh3d.
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prwida livtno acclnmmddations tor lWlnCMn8 Senkt citim?'
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