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HomeMy WebLinkAbout1996-01-23; City Council; 13478; Legislative platform. 5 ,3,L/3r Cw OF CARLSBAD - AG€WA BILL C ?' I AB # 43-32 8 TITLE: " MTG, i-~23"ci6 DEPT. CM 7 1996 LEGISLATIVE PLATFORM I I I fz Q z k 0 P a $ 8 2 3 I ___~ ~~~~~~~~ ~ ~~ ~ ___~ ~ RECOMMENDED ACTION: Review, amend (if necessary), and adopt 1996 Carlsbad City Council Legislative Platfor ITEM EXPLANATION: Each year the Clty Council adopts a legislative platform stating its position on issues importance to the community. The platform is divided into the following categories: 0 Local Government Finance Labor Relations 0 Tort Reform 0 Transportation 0 Waterfront 0 Water Management 0 Environment 0 0 0 0 0 0 0 WasteManagem GeneralGOwntT Safety Service: Land Use Planr Housing Redevelopmet Child Care Immigrants By establishing the City's position on these issues, staff is able to quickly responc related legislation which could have an impact on the Clty of Carlsbad. The ( expresses its position on legislation by corresponding with State and Federal legislatc the Governor, or the President. Staff recommends that sections be added to the Local Government Finance catagor the Platform to support legislation preventing retroactive application of the Guardinc Santa Clara decision regarding Proposition 62, and to support legislation which wc allow cities with civil service/personnel systems to contract out services to the pri\ sector to save taxpayer dollars. (The State Attorney General has issued an opir stating that a general law county may not contract with persons to provide the same It of services, but at less expense, than presently performed by its civil service employel Additions are also recommended for the Tort Reform catagory regarding public age liabilities, administration of public records laws, and defining skateboarding a. hazardous activity for liability purposes. A revision is also recommended in Environment catagory to limit court reviews of environmental documentation. Addit are also recommended to the Waste Management catagory to oppose solid waste control legislation and to the General Government catagory to support econc development legislation. The Police Chief has suggested that a section be added to Safety Services catagory to support legislation assisting regionalization of activities s as training, crime labs and other appropriate public safety functions. The proposed additions are highlighted for easy identification in Exhibit 1. FISCAL IMPACT: None EXHIBITS: 1 1. Proposed Cily of Carlsbad 1996 Legislative Platform. I 3 0 0 1996 CITY OF CARLSBAD LEGISLATIVE PLATFORM 1. Local Government Finance: (a) Support measures that implement basic structural changes in state governml that result in state budget expenditures being brought into balance with st, revenues. (b) Support measures which safeguard existing revenue sources from preempt by the State or County. (c) Support measures which would provide fiscal independence to cities. (d) Support efforts which make funds to support public facilities (i.e. facilit open space) more available to local municipalities. (e) Support measures which relieve taxpayers of the burden of paying for servj which could be charged directly to the service use. (f) Support efforts which would provide greater accountability on the pad counties for the distribution of funds back to municipalities, including, but limited to, fines and forfeitures. (g) Support efforts to reinstate flexibility in the administration of Article XI1 (The Gann Initiative). (h) Support legislation to eliminate or repeal unfunded state and fed mandates. (i) Oppose any change in revenue allocations which would negatively affect 1( government, including the redistribution of sales tax, property tax, trans occupancy tax and vehicle in-lieu fees. (j) Oppose any measure which shifts revenue from all units of local governm to other agencies. (k) Oppose any measure that would make cities more dependent on the Statc financial stability and policy direction. (1) Oppose measures which would impose state and federal mandates cost: which there is no guarantee of local reimbursement or offketting benefit would shift the cost of government services to cities. 1 e 0 (m) Oppose any measure that restricts or limits a public entity’s ability to use t exempt debt for the purchase or construction of public purpose improveme] (n) Oppose legislation which shifts State/County criminal justice costs to titi< (0) Oppose the use of the federal gas tax for federal debt reduction. (p) Support legislation that streamlines permitting promsses without undennin the ability of local government to apply and be compensated for enforcement of reasonable building, planning and fire protection standaI (9) Oppose legislation that creates surcharges for state oversight of SI mandated programs. 2. Labor Relations: (a) 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. (b) Oppose any measure which would impose compulsory and binding arbitra with respect to public employees. (c) Oppose any measure which would grant employee benefits that should decided at the local bargaining table. (d) Oppose any efforts which would reduce local authority to resolve pu employee disputes, and impose regulations of an outside agency (sucl PERB). (e) Oppose efforts which make disciplinary proceedings for police officers sin to criminal proceedings, making it impossible for employers to prow administrative violation. (f) Oppose legislation which expands or extends any presumptions occupational injury or illness. (g) Oppose legislation which increases workers’ compensation benefits wit providing for concurrent cost controls. 2 0 0 3. Tort Reform: (a) Support measures to reform California’s tort system to curtail unreasonal and frivolous liability exposure for public agencies and restore the ability public agencies to obtain affordable insurance. (b) Support legislation which increases or expands immunities for public agenc and oppose legislation which attempts to limit or restrict existing immunit 4. Transaortation: (a) Support measures which would increase the ability of local agencies to fina local transportation facilities. (b) Support measures to finance local and regional transportation facilities improvements, including alternative modes of transportation. (c) Support measures that provide local and regional funding for transporta demand management systems or transportation systems management. (d) Support legislation which encourages the continued evaluation of alternatives as possible sites for an international airport in the San Di region. (e) Oppose transportation proposals which would adversely affect the qualit life in North San Diego County by causing traffic congestion, air pollutio~ other problems. 5. Waterfront: (a) Support efforts which provide funding for urban waterfront restoration enhancement. (b) Support effort which would aid the restoration, preservation and enhance1 of beach front property, sand, bluffs, access and parking. (c) Support measures which would grant cities the authority of land regulations over the placement of onshore facilities which service of€shor drilling, to avoid the placement of such facilities near incompatible land 1 3 e 0 (d) Support legislation which requires the double-hulling of all new oil tank and the retrofitting of all existing oil tankers. (e) Support legislation which promotes aquatic research and education and otl related uses. (f) Oppose any offshore oil leasing or drilling within 20 nautical miles of the z Diego coast. 6. Water Management: (a) Support a balanced water transportation and regional storage system f provides for the needs of San Diego County while protecting the Delta Central Valley regions with minimal impact on agriculture and environment. (b) Support measures which increase water supply and storage facilities within region and allow for water transfers within the system. (c) Support efforts which will encourage water conservation practices by all w; consumers. (d) Support efforts which will encourage the use of drought tolerant p material in new and existing development. (e) Support efforts to assist in the production and distribution of reclaimed WP 7. Environment: (a) Support efforts for the safe and cost effective disposal of solid, hazardous medical waste. (b) Support legislation which seeks to protect air quality and the atmospher (c) Support legislation which encourages speedy action to reduce the amouI 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 ente San Diego from Tijuana. (e) Support efforts, where feasible, which promote the recycling/reclaimin natural resources, including water, timber, oil, gas minerals and earth me (f) Support measures which would make low-interest loans and/or grants avail to local agencies for programs which would encourage the recycling/reclai~ of resources. 4 e e (g) Support efforts which promote the use of renewable sources of energy rat1 than fossil fuels. (h) Support legislation which streamlines the State of California’s environmer review process ~#~~~~~~~~~~~~~~~~.~~~~~~~~~~~~~~~, ~.~.~.~.~.~.~.~.~.~.~~ ,.,., ................................................................................................................................................................................................... (i) Support legislation to develop an ongoing funding source to implement federally mandated Clean Water Act of 1987 to ensure protection of IC governments’ outstanding attributes (i.e. lagoons, oceans). ............ :.:.- :.:.. x...:.:.:.:.x ...................... :.:.:.: .____............... .A ... ___...iz._ + .......... i.rt,,...... :.:.:... :.:.:.x.:.. .... :.~~~::.:.: .~. ................................. ... ~:.: :::::,. ................................................................. (j) Support legislation which requires the State of California to offer natural and electric powered vehicles in the State vehicle buying program. 8. Waste Management: (a) Oppose legislation restricting the ability of local governments to regulate sc waste and recyclable materials. (b) Support measures which promote market development for recyclz materials. (c) Support efforts toward the procurement of recyclable and recycled materi (d) Support measures which extend the deadlines and streamline regulations AB 939 mandates. (e) Support legislation which promotes source reduction measures. (f) Support efforts which encourage the streamlining of California Integr; Waste Management Board grant programs and provide maximum flexib to local government. 9. General Government: (a) Oppose legislation which weakens local autonomy or home rule authorii govern municipal affairs. (b) Support measures which would strengthen cities’ ability to reorganize spt districts. (c) Support legislation which provides State assistance for local public libra (d) Support measures which provide adequate funding for the State Library (e) Support measures which lead to a state or national energy policy. 5 0 e (f) Support legislation which reinstates competition in the cable televis industry. (8) Support state and federal funding and legislation for the arts that bene local communities. (h) Support legislation which will consolidate reporting requirements for Community Development Block Grant program. (i) Oppose legislation which would impose penalties or limit the flexibiliq local governments in the provision of public records. 0) Oppose federal efforts which remove the deduction of all state and local ta for federal income tax purposes. (k) Support cable regulations that: 1. Maintain local control over public right-of-ways. 2. Provide just compensation for use of right-of ways and oversee 3. Ensure public, educational, and governmental access is available 4. Provide free access to the "information highway" for public informal public service standards. affordable. services and announcements. (1) Support legislation prohibiting firms from bidding on City projects if the 1 is currently involved in legal proceedings against the City arising from p projects. 10. Safety Services: (a) Support efforts which strengthen local law enforcement. (b) Support efforts which strengthen present state or federal laws to incrt penalties and give local governments the power to restrict or regulate the s manufacture, or use of dangerous drugs, including, but not limited to, F methamphetamine, and narcotics. (c) Support measures which would provide a greater share of seized assel localities and increased latitude for local spending. (d) Support efforts which discourage and prevent driving under the influenc drugs or alcohol. 6 0 . (e) Support efforts which allow local agencies to recover costs, in amide; involving driving under the influence of drugs and/or alcohol, from the gui party. (f) Support legislation that would allow for the destruction or extend safekeeping of firearms or other deadly weapons involved in domestic violel incidents. (g) Oppose legislation that would further reduce the ability of local governml to determine the extent or method of fire hazard mitigation necessary in around wildland areas. (h) Support legislation granting immunity to or limiting liability of governmen entities and their employees who provide emergency medical pre-arri instructions as a part of their public safety dispatch system. (i) Oppose legislation which would restrict a local government from revising delivery of emergency medical service to its citizens and support measx which broaden these powers. 11. Land Use Plannins (a) Support efforts to strengthen the legal and fiscal capability of local agent to prepare, adopt and implement fiscal plans for orderly growth, developmc beautification and conservation of local planning areas, including, but limited to, the regulatory authority over zoning, subdivision, annexations, i 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, c local land use. (c) Support legislation requiring environmental review of initiatives to amel general plan or zoning ordinance before the initiative is placed on the b; or enacted. 12, Housing and Community Development: (a) Support efforts to develop federal and state participation, financial sup and incentives (tax benefits, grants, loans) for programs which pro adequate, affordable housing (home ownership and/or rental opportuni for the elderly, handicapped, and low-income persons throughout community. 7 0 0 (b) Support legislation that provides incentives (tax benefits, grants, loans, crec for affordable units) when local agencies, private developers and non-prc groups rehabilitate residential units and commercial properties. (c) Support legislation that would provide additional funding for rental subs assistance programs (such as Section 8) via more vouchers or certificates (d) Support repeal of Article 34 of the California Constitution (see Exhibit 2 additional information). (e) Support reform of Housing Element to simpliQ, improve effectiveness z eliminate redundancy with other plans such as the generally-requi Comprehensive Housing Authority Strategy (CHAS). (f) Support legislation which allows entitlement cities to use CDBG funds for I construction of housing units. (8) Support state inclusionary housing legislation which allows for adoption ( local program such as that implemented in Carlsbad. (h) Support the repeal or modification of the Davis-Bacon Wage Act which I a prevailing wage scale for public projects substantially increasing the cos publicly-assisted housing developments. (i) Support streamlining of the administration of the CDBG Program. (j) Support the consolidation of the Section 8 Certificate and Voucher Progra (k) Oppose legislation that would give the State financial/administra responsibilities for the Community Development Block Grant prog: (CDBG). (1) Oppose legislation that makes the local municipality or redevelopment agc financially responsible for the removal, abatement or mitigation of hazarc materials. (m) Oppose any state initiative or state statute which would restrict, limit or conditions upon local governments’ powers to pass or implement mobilehc rent control. 13. Redeveloament: (a) Support reform of reporting requirements for the Redevelopment Ag which simplify the process and eliminate the confusion regarding w reports to file with which State agency (Housing and Comml Development or Controllers Office or both). (b) Oppose legislation which would prohibit/limit the establishment of redevelopment project areas and/or expansion of existing project areas. 8 . . 4 e e (c) Oppose any legislation which allows reallocation of tax increment revenues the State to finance agencies and/or projects other than the redevelopm project which generated the increment. (d) Oppose legislation that would add restrictions and procedural requireme regarding closed session discussions on land acquisition, use of emin domain and disposal of property. 14. Child Care: (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. (d) Support the provision of reasonable tax incentives for employers who o child care services. (e) Support legislation which focuses on quality child care in areas such licensure, staffing, education and training. 15. Immigrants: (a) Support legislation which recognizes the unique and difficult problc associated with recent legal and illegal immigrants to the United States, assist local communities in dealing with these problems in such area housing, health 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 attemptin1 address the needs of migrant workers. 9