HomeMy WebLinkAbout1996-01-23; City Council; 13478; Legislative platform.
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DEPT. CM 7 1996 LEGISLATIVE PLATFORM
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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
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0
0
0
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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.
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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.
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(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.
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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
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(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.
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(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).
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(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.
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(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.
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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.
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(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.
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(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.
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