HomeMy WebLinkAbout1997-01-07; City Council; 13984; Review Of 1997 City Legislative Platform.' 8.
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DEPT. CM 1997 LEGISLATIVE PLATFORM
CITY 1
CITY I
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RECOMMENDED ACTION:
Review, amend (if necessary) and adopt 1997 City Legislative Platform.
ITEM EXPLANATION:
Each year, the City Council adopts a legislative platform stating its position on issues
importance to the community. The legislative platform is divided into the following
categories:
e Local Government Finance
0 Labor Relations
0 Tort Reform
Transportation
Waterfront
e Water Management
Environment
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e
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Waste Management
General Government
Safety Services
Land Use Planning
Housing and Community Developme
Redevelopment
Child Care
Immigrants
By establishing the City's position on these issues, staff is able to quickly respond to
related legislation which could have an impact on the City. The Council expresses its
position on legislation through correspondence with State and Federal legislators, thc
Governor, or the President. The City's legislative advocate in Sacramento will also
assist the City in presenting its positions on proposed state legislation.
Community Services Department staff recommend that two sections be added to the
General Government Category of the Platform. The first section would support
legislation fostering independence of older Californians. For example, the Older
Americans Act provides funds for a variety of Senior Center programs. Enabling
legislation to fund these programs must be enacted each year. The second new
section would oppose the elimination of state licensing requirements for professional'
involved in designing public and private developments. The proposed additions are
highlighted for easy identification on page 6 of Exhibit 1.
FISCAL IMPACT:
None
EXHIBITS:
1. Proposed 1997 City of Carlsbad Legislative Platform.
f, 0 e EXHIBIT 1
1997 CITY OF CARLSBAD
LEGISLATIVE PLATFORM
1. Local Government Finance:
(a) Support measures that implement basic structural changes in state government '.
result in state budget expenditures being brought into balance with state revenuz
(b) Support measures which safeguard existing revenue sources fiom preemption
the State or County.
(c) Support measures which would provide fiscal independence to cities.
(d) Support efforts which make hnds to support public facilities (i.e. facilities? o
space) more available to local municipalities.
(e) Support measures which relieve taxpayers of the burden of paying for sewl
which could be charged directly to the service user.
(9 Support efforts which would provide greater accountability on the part of coun
for the distribution of hnds back to municipalities, including? but not limited
fines and forfeitures.
(g) Support efforts to reinstate flexibility in the administration of Article XIII-B c
Gam Initiative).
(h) Support legislation to eliminate or repeal ufinded state and federal mandates.
(i) Oppose any change in revenue allocations which would negatively affect lo
government, including the redistribution of sales tax, property tax, transi
occupancy tax and vehicle in-lieu fees.
(i) Oppose any measure which shifts revenue fiom all units of local governments
other agencies.
(k) Oppose any measure that would make cities more dependent on the State
financial stability and policy direction.
(1) Oppose measures which would impose state and federal mandates costs for wl;
there is no guarantee of local reimbursement or offsetting benefits, or would SI
the cost of government services to cities.
(m) Oppose any measure that restricts or limits a public entity's ability to use ti
exempt debt for the purchase or construction of public purpose improvements.
(n) Oppose legislation which shifts StateKounty criminal justice costs to cities.
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(0) Oppose the use of the federal gas tax for federal debt reduction.
(p) Support legislation that streamlines permitting processes without undermining
ability of local government to apply and be compensated for the enforcemenr
reasonable building, planning and fire protection standards.
(q) Oppose legislation that creates surcharges for state oversight of state mand:
programs.
(r) Support legislation preventing the retroactive application of Guardmo v. S;
Clara decision regarding Proposition 62.
(s) Support legislation which allows cities with civil service/personnel systems
contract out services to the private sector to save taxpayer dollars.
2. Labor Relations:
(a) Support legislation which limits the ability of employees to receive work
compensation benefits for occupational injuriedillnesses which result from str
disciplinary action, or performance evaluations or consultations.
(b) Oppose any measure which would impose compulsory and binding arbitration I
respect to public employees.
(c) Oppose any measure which would grant employee benefits that should be decic
at the local bargaining table.
(d) Oppose any efforts which would reduce local authority to resolve public emplo
disputes, and impose regulations of an outside agency (such as PERB).
(e) Oppose efforts which make disciplinary proceedings for police officers similar
criminal proceedings, making it impossible for employers to prove
administrative violation.
(9 Oppose legislation which expands or extends any presumptions of occupatic
injury or illness.
(g) Oppose legislation which increases workers' compensation benefits with
providing for concurrent cost controls.
3. Tort Reform:
(a) Support measures to reform California's tort system to curtail unreasonable 2
frivolous liability exposure for public agencies and restore the ability of pul
agencies to obtain affordable insurance.
(b) Support legislation which increases or expands immunities for public agencies i
oppose legislation which attempts to limit or restrict existing immunities.
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(c) Support legislation which reduces or limits liability to public agencies,
(d) Support legislation which adds skateboarding to the list of sports legally definec
hazardous recreational activities for public agency liability purposes.
(e) Support legislation eliminating liability for administering public records laws.
4. Tranwortation:
(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 I
improvements, including alternative modes of transportation.
(c) Support measures that provide local and regional finding for transportat
demand management systems or transportation systems management.
(d) Support legislation which encourages the continued evaluation of all alternative:
possible sites for an international airport in the San Diego region.
(e) Oppose transportation proposals which would adversely affect the quality of lifi
North San Diego County by causing traf'€ic congestion, air pollution or otl
problems.
5. Waterfront:
(a) Support efforts which provide hnding for urban waterfront restoration s
enhancement.
(b) Support effort which would aid the restoration, preservation and enhancement
beach fkont property, sand, bluffs, access and parking.
(c) Support measures which would grant cities the authority of land use regulatic
over the placement of onshore facilities which service offshore oil drilling, to avc
the placement of such facilities near incompatible land uses.
(d) Support legislation which requires the double-hulling of all new oil tankers and t
retrofitting of all existing oil tankers.
(e) Support legislation which promotes aquatic research and education and otl
related uses.
(0 Oppose any offshore oil leasing or drilling within 20 nautical miles of the S
Diego coast.
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6. Water Management:
(a) Support a balanced water transportation and regional storage system that provi
for the needs of San Diego County while protecting the Delta and Central Va
regions with minimal impact on agriculture and the 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 wi
consumers.
(d) Support efforts which will encourage the use of drought tolerant plant materia
new and existing development.
(e) Support efforts to assist in the production and distribution of reclaimed water.
7. Environment:
(a) Support efforts for the safe and cost effective disposal of solid, hazardous t
medical waste.
(b) Support legislation which seeks to protect air quality and the atmosphere.
(c) Support legislation which encourages speedy action to reduce the amount of OZI
depleting compounds discharged into the atmosphere.
(d) Support legislation which allocates state and/or federal funds for the construct
of facilities to capture and treat the flow of raw sewage entering San Diego f;
Tijuana.
(e) Support efforts, where feasible, which promote the recycling/reclaiming of natc
resources? including water, timber, oil, gas minerals and earth metals.
(9 Support measures which would make low-interest loans and/or grants available
local agencies for programs which would encourage the recycling/reclaiming
resources.
(g) Support efforts which promote the use of renewable sources of energy rather tl
fossil hels.
(h) Support legislation which streamlines the State of California's environmel.
review process and liits court reviews of environmental documentation.
(i) Support legislation to develop an ongoing hnding source to implement
federally mandated Clean Water Act of 1987 to ensure protection of lo
governments' outstanding attributes (i.e. lagoons, oceans).
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('j) Support legislation which requires the State of California to offer natural gas
electric powered vehicles in the State vehicle buying program.
8. Waste Manapement:
(a) Oppose legislation restricting the ability of local governments to regulate SI
waste and recyclable materials.
(b) Support measures which promote market development for recyclable materials.
(c) Support efforts toward the procurement of recyclable and recycled materials.
(d) Support measures whkh extend the deadlines and streamline regulations for
939 mandates.
(e) Support legislation which promotes source reduction measures.
(0 Support efforts which encourage the streamlining of California Integrated Wi
Management Board grant programs and provide maximum flexibility to 1(
government.
(g) Oppose legislation regulating "flow control" of solid waste materials.
9. General Government:
(a) Oppose legislation which weakens local autonomy or home rule authority
govern municipal affairs.
(b) Support measures which would strengthen cities' ability to reorganize spe
districts.
(c) Support legislation which provides State assistance for local public libraries.
(d) Support measures which provide adequate funding for the State Library.
(e) Support measures which lead to a state or national energy policy.
(0 Support legislation which reinstates competition in the cable television industry.
(g) Support state and federal fhding and legislation for the arts that benefits IC
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 flexibility of IC
governments in the provision of public records.
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(i) Oppose federal efforts which remove the deduction of all state and local taxes
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 overseeing pu
3. Ensure public, educational, and governmental access is available
4. Provide free access to the "information highway" for public informz
service standards.
affordable.
services and announcements.
(1) Support legislation prohibiting firms from bidding on City projects if the firn
currently involved in legal proceedings against the City arising from prior projec
(m) Support legislation which facilitates economic development efforts and encoura
businesses to locate or remain in California.
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10. Safetv Services:
(a) Support efforts which strengthen local law enforcement.
(b) Support efforts which strengthen present state or federal laws to increase penal
and give local governments the power to restrict or regulate the sale, manufach
or use of dangerous drugs, including, but not limited to, PCP, methamphetamj
and narcotics.
(c) Support measures which would provide a greater share of seized assets
localities and increased latitude for local spending.
(d) Support efforts which discourage and prevent driving under the influence of dr
or alcohol.
(e) Support efforts which allow local agencies to recover costs, in accidents invoh
driving under the influence of drugs andor alcohol, from the guilty party.
(9 Support legislation that would allow for the destruction or extended safekeeping
firearms or other deadly weapons involved in domestic violence incidents.
(g) Oppose legislation that would fbrther reduce the ability of local government
determine the extent or method of fire hazard mitigation necessary in or arol
wildland areas.
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0 e (h) Support legislation granting immunity to or limiting liability of governme
entities and their employees who provide emergency medical pre-arr
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 measures wk
broaden these powers.
(j) Support legislation that would assist local safety agencies in regionalization
activities such as training, crime labs, and other appropriate functions.
11. Land Use Planning:
(a) Support efforts to strengthen the legal and fiscal capability of local agencies
prepare, adopt and implement fiscal plans for orderly growth, developmr
beautification and conservation of local planning areas, including, but not limi
to, the regulatory authority over zoning, subdivision, annexations, i
redevelopment areas.
(b) Support efforts which are consistent with the doctrine of "home rule" and the IC
exercise of police powers, through planning and zoning processes, over local 1;
use.
(c) Support legislation requiring environmental review of initiatives to amend
general plan or zoning ordinance before the initiative is placed on the ballot
enacted.
12. Housinp and Community DeveloDment:
(a) Support efforts to develop federal and state participation, financial support a
incentives (tax benefits, grants, loans) for programs which provide adequa
affordable housing (home ownership and/or rental opportunities) for the elder
handicapped, and low-income persons throughout the community.
(b) Support legislation that provides incentives (tax benefits, grants, loans, credits 1
affordable units) when local agencies, private developers and non-profit groc
rehabilitate residential units and commercial properties.
(c) Support legislation that would provide additional funding for rental subsi
assistance programs (such as Section 8) via more vouchers or certificates.
(d) Support repeal of Article 34 of the California Constitution (see Exhibit 2 i
additional information).
(e) Support reform of Housing Element to simplify, improve effectiveness a,
eliminate redundancy with other plans such as the generally-requirc
Comprehensive Housing Authority Strategy (CHAS).
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a e (0 Support legislation which allows entitlement cities to use CDBG hnds for r
construction of housing units.
(g) Support state inclusionary housing legislation which allows for adoption of a 1(
program such as that implemented in Carlsbad.
(h) Support the repeal or modification of the Davis-Bacon Wage Act which sel
prevailing wage scale for public projects substantially increasing the cost
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 Programs.
(k) Oppose legislation that would give the State financiaVadministra
responsibilities for the Community Development Block Grant program (CDBG)
(1) Oppose legislation that makes the local municipality or redevelopment age
financially responsible for the removal, abatement or mitigation of hazard
materials.
(m) Oppose any state initiative or state statute which would restrict, limit or
conditions upon local governments’ powers to pass or implement mobilehome 1
control.
13. RedeveloPment:
(a) Support reform of reporting requirements for the Redevelopment Agency wh
simplify the process and eliminate the confbsion regarding which reports to
with which State agency (Housing and Community Development or Control1
Office or both).
(b) Oppose legislation which would prohibithit the establishment of r
redevelopment project areas and/or expansion of existing project areas.
(c) Oppose any legislation which allows reallocation of tax increment revenues by
State to finance agencies and/or projects other than the redevelopment pro:
which generated the increment.
(d) Oppose legislation that would add restrictions and procedural requiremc
regarding closed session discussions on land acquisition, use of eminent dom
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.
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(c) Support fbnding for the construction, renovation and/or maintenance of child c
facilities.
(d) Support the provision of reasonable tax incentives for employers who offer cl
care services.
(e) Support legislation which focuses on quality child care in areas such as licensu
staffing, education and training.
Immigrants;
(a) Support legislation which recognizes the unique and difficult problems associal
with recent legal and illegal immigrants to the United States, and assist lo
communities in dealing with these problems in such areas as housing, hea
services, education and employment.
(b) Support legislation to increase the number of border patrol agents at t
International Border.
(c) Support state and federal assistance to local communities attempting to address t
needs of migrant workers.
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