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HomeMy WebLinkAbout2008-10-21; City Council; 19615; Adopt 2008 Legislative PlatformCITY OF CARLSBAD - AGENDA BILL 8 AB# MTG. DEPT. 19.615 10/21/08 CM ADOPT 2008 LEGISLATIVE PLATFORM AND SB 375 PRESENTATION DEPT. HEAD ff CITY ATTY. M CITY MGR. f RECOMMENDED ACTION: Receive SB 375 presentation and adopt the 2008 Legislative Platform. ITEM EXPLANATION: Staff is submitting the proposed 2008 Legislative Platform for Council consideration and adoption (Exhibits 1 & 2). There are a number of significant matters facing the state, such as land use, housing, environmental issues and natural resource management questions, which continues to draw the attention of the State Legislature. In addition, there is ongoing concern regarding the integrity of the state budget which continues to persist. The purpose of the Legislative Platform is to 1) clearly outline the position of the City of Carlsbad, and 2) allow the City Council and staff to take rapid action on these and other legislative issues, if necessary. The proposed 2008 Legislative Platform is consistent with past platforms, and includes 17 different sections that pertain to local government. Some new additions to the platform this year relate to desalination and energy issues. SB 375 is an example of recently passed State legislation that contains language that could result in potential impacts to City land use and planning efforts. City staff will present to Council a brief overview of this legislation. FISCAL IMPACT: None ENVIRONMENTAL IMPACT: None EXHIBITS: 1. 2008 Legislative Platform - Red-lined Version 2. 2008 Legislative Platform - Final Version DEPARTMENT CONTACT: Rob Houston, (760) 434-2958, rhous@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ti CONTINUED TO DATE SPECIFIC D D CONTINUED TO DATE UNKNOWN D D RETURNED TO STAFF D D OTHER - SEE MINUTES ^ COUNCIL ADOPTED 2008 LEGISLATIVE PLATFORM AS AMENDE! AND itib KhrOK.1 . EXHIBIT 1 CITY OF CARLSBAD 20087 LEGISLATIVE PLATFORM The purpose of this Legislative Platform is to clearly outline the position of the City of Carlsbad in regards to matters that impact the City's ability to operate effectively. The statements outlined below allow City Council and staff to take rapid action on these and other legislative issues if necessary. 1. General Government: (a) Oppose legislation or constitutional amendments that weakens or interferes with-with the powers of charter cities and preserve local autonomy or home rule authority, to govern municipal affairs. (b) Support measures which would strengthen cities' ability to reorganize and consolidate water districts, sewer districts, school districts, and other special districts that operate within or provide service to a city. (c) Support legislation that 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. —(f)—Support legislation that reinstates competition in the telecommunications industry. (§f) Support state and federal funding and legislation for the arts that benefits local communities. (kg.) Support legislation reducing and providing for recovery of costs, maintaining privacy, and eliminating attorney's fees for administering public records laws. (th) Oppose federal measures which remove the deduction of all state and local taxes for federal income tax purposes. (ji) Support legislation and telecommunications regulations of telecommunications facilities and services that: 1. Maintain local control over public right-of-ways. 2. Provide just compensation for use of right-of-ways and overseeing public service standards. 3. Ensure public, education, and governmental access is available and affordable. 4. Provide free access for public information services and announcements. 5. Maintain local control, including but not limited to discretionary permits over wireless communications facilities. 6. Reinstates competition in the telecommunications industry. (kj) Support legislation prohibiting firms from bidding on City projects if the firm is currently involved in legal proceedings against the City arising from prior projects. (Ik) Support legislation that facilitates economic development efforts and encourages businesses to locate or remain in California. (ml) Oppose measures that would eliminate state licensing requirements for professionals involved in designing public and private developments. (ftm)Support legislation that will foster independence of older Californians. (on) Support legislation that requires cable television companies to assure that audio and video portions of adult entertainment channels are completely blocked 24 hours a day in the homes of non-subscribers. (po) Support measures that provide funding for community park facilities, open space, and recreation programs. (qrj) Support legislation that either requires citizen initiatives to comply with CEQA before placing the initiative on the ballot or exempting from this requirement a City Council initiated ballot measure dealing with the same subject matter on the same ballot. (f)—Support legislation that restores the "Majority of the Quorum" decision-making in G.C. Section 36936. 2. Local Government Finance: (a) Support measures that implement basic structural changes in state government that result in state budget expenditures being brought into balance with state revenues. (b) Support measures which safeguard existing revenue sources from preemption by the State or County. (c) Support measures which would provide fiscal independence to cities. (d) Support legislation that makes funds to support public facilities (ite. facilities, open space) more available to local municipalities. (e) Support measures which relieve taxpayers of the burden of paying for services which could be charged directly to the service user, and which simplify the process of establishing such fees. (f) Support legislation that would provide greater accountability on the part of counties for the distribution of funds back to municipalities, including, but not limited to, fines and forfeitures. (9) Support measures to reinstate flexibility in the administration of Article XIII-B (The Gann Initiative). (h) Oppose any change in revenue allocations which would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, transient occupancy tax and other taxes and fees, vehicle in lieu (i) Oppose any measure that shifts revenue from any unit of local government to other agencies. (j) Oppose any measure that would make cities more dependent on the State for financial stability and policy direction. (k) Support legislation to eliminate or repeal unfunded state and federal mandates or to require timely reimbursement and oppose measures that would impose those mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities. (I) Oppose any measure that restricts or limits a public entity's ability to use tax exempt debt for the purchase or construction of public purpose improvements. (m) Oppose legislation that shifts State/County criminal justice costs to cities. (n) Oppose the use of the federal gas tax for federal debt reduction. (o) Support legislation that streamlines permitting processes without undermining the ability of local government to apply and be compensated for the enforcement of reasonable building, planning and fire protection standards. (p) Oppose legislation that creates surcharges for state oversight of state mandated programs. (q) Support legislation that allows cities with civil service/personnel systems to contract out services to the private sector to save taxpayer dollars. (r) Support (Legislation that assists cities to enforce and collect local taxes. (s) Support legislation that would exempt stormwater and urban runoff management programs from Proposition 218 requirements. (t) Oppose any measure or legislation that prevents local franchising of cable television or video services, regardless of the technology used to deliver the cable television or video services to the subscriber. 3. -Labor Relations: (a) Support legislation that limits the ability of employees to receive workers' compensation benefits for occupational injuries/illnesses that result from stress, disciplinary action, or performance evaluations or consultations. (b) Support any measure that would reverse the imposition of compulsory and binding arbitration with respect to public employees. (c) Oppose any measure that would grant employee benefits that should be decided at the local bargaining table. (d) Oppose any legislation that would reduce local authority to resolve public employee disputes, and support legislation that would preserve court jurisdiction, and/or impose regulations of an outside agency (such as PERB). (e) Oppose measures that propose a standard higher than, the normal civil ones in disciplinary proceedings for peace officers. (f) Oppose legislation that expands or extends any presumptions of occupational injury or illness and support legislation that repeals the presumption that the findings of a treating physician are correct. (g) Oppose legislation that increases workers' compensation benefits without providing for concurrent cost controls. (h) Support (Legislation that improves access to, and reduces the cost of, healthcare for public employees. 4. Tort Reform: (a) Support measures to reform California's tort system to reduce/limit liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. (b) Support legislation that recognizes or broadens immunities for public agencies and oppose legislation that attempts to limit or restrict existing immunities. (c) Support legislation that requires plaintiffs' to make a good faith showing of liability prior to filing a lawsuit against a public entity. ovorrulos the Bonnano v. Central Contra Costa Transit Authority decision expanding public entity liability to dangerous conditions of public property. 5. Transportation: (a) Support measures that would increase the ability of local agencies to finance local transportation facilities. (b) -Support measures to finance local and regional transportation facilities and improvements, including alternative modes of transportation and transportation demand management systems. (c) Support legislation that provides for effective and efficient transportation alternatives. (d) Oppose transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems. (e) Encourage and sSupport double tracking of the rail corridor within the City limits. 6. Coastline: (a) Support measures which provide funding for urban waterfront restoration and enhancement. (b) Support legislation that would aid the restoration, preservation and enhancement of beachfront property, sand, bluffs, access and parking. (c) Support measures that would preserve and extend the authority of cities over land use regulations., over the placement of onshore facilities which service offshore oil drilling. (d) Support legislation that requires the double hulling of all new oil tankers and the retrofitting of all existing oil tankers. (e) Support legislation that promotes aquatic research, education, aqua culture, and other related uses. (f) Oppose any offshore oil leasing or drilling within 20 nautical miles of the San Diego coast. (g) Support legislation providing that if Coastal Ceommission sStaff has an opportunity to participate in local and or regional habitat management plans, there is a presumption of consistency with the Federal Coastal Management Act. 7. Water Management: (a) Support a balanced water transportation and regional storage system that provides for the needs of San Diego Countyi while protecting the Delta and Central Valley regions with minimal impact on agriculture and the environment. (b) Support measures that increase water supply and storage facilities -within the region and allow for economically feasible water transfers within the system. (c) Support efforts that will encourage water conservation practices by all water consumers. (d) Support efforts to assist in the production and distribution of reclaimed water. (e) Support measures that provide for the equitable allotment and distribution of preferential water rights. (f) Support legislation and regulations that encourage the use and development of alternative water sources, including desalination. 8. Environment: (a) Support legislation that compliments Council's Environmental Sustainabilitv Guiding Principles. (ba) Support efforts for the safe and cost effective disposal of solid, hazardous and medical waste. (cb) Support legislation that encourages timely action to reduce the amount of ozone depleting compounds discharged into the atmosphere. (de) Support legislation that allocates state and/or federal funds for the construction of facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. (ed) Support measures, which promote the recycling/reclaiming of natural resources, including water, timber, oil, gas minerals and earth metals. (fe) Support measures that would make low-interest loans and/or grants available to local agencies for programs that would encourage the recycling/reclaiming of resources. (gf) Support legislation that streamlines federal and State of California's environmental review processes and limits court reviews of environmental documentation. (hg) Support legislation to develop an ongoing funding source to implement the federally mandated Clean Water Act of 1987 and to ensure protection of local resources. (ib) Support legislation that promotes alternatively powered vehicles in the State vehicle buying program. (j) Oppose environmental legislation that creates an unfunded mandate for Grtv^s-cities to implement and fund. 9. Waste Management: (a) Oppose legislation restricting the ability of local governments to regulate solid waste and recyclable materials. (b) Support measures that promote market development of recyclable materials. (c) Support legislation toward the procurement of recyclable and recycled materials. (d)—Support measures that extend the deadlines and streamline regulations for AB 939 mandates. (de) Support legislation that promotes source reduction measures. (ef) Support measures that encourage the streamlining of California Integrated Waste Management Board grant programs and provide maximum flexibility to local government. (f§) Oppose legislation regulating "flow control" of solid waste materials. 10. Safety Services: (a) Support legislation that strengthens local law enforcement. (b) Support measures which strengthen present state or federal laws to increase penalties and give local governments the power to restrict or regulate the sale, manufacture, or use of dangerous drugs. (c) Support measures that would provide a greater share of seized assets to localities and increased latitude discretion for local spending. (d) Support legislation that discourages, prevents, and penalizes driving under the influence of drugs or alcohol. (e) Support legislation that allows enhanced local agencies ability to recover costs from guilty parties for damage to public property and services in accidents involving driving under the influence of drugs and/or alcohoLr^Fem the guilty party. (f) Support legislation that would allow for the destruction, confiscation, or extended safekeeping of firearms or other deadly weapons involved in domestic violence incidents. (g) Oppose legislation that would restrict or reduce the ability of local government to determine the extent or method of fire hazard mitigation necessary in or around wildland areas. (h) Support legislation granting immunity to or limiting liability of governmental entities and their employees who provide emergency medical instructions and/or treatment as a part of their public safety dispatch system. (i) Oppose legislation that would restrict a local government from revising the deliver-y of emergency medical service to its citizens and support measures that broaden these powers. (j) Support legislation that would assist local safety agencies in regionalization of activities such as training, crime labs, and other appropriate functions. (k) Support legislation that would provide funding for addiction rehabilitation treatment. (I) Support legislation that provides financial assistance to local agencies for Homeland Security. 11. Land Use Planning: (a) Support legislation to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, regulatory authority over zoning, subdivisions, annexations, and redevelopment areas. (b) Support measures in local land use that isafe consistent with the doctrine of "home rule" and the local exercise of police powers in planning and zoning processes. —(e)—Support legislation requiring environmental review of initiatives to amend a general plan or zoning ordinance before the initiative is placed on the ballot or enacted. (cd) Support legislation to allow cities to issue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan. (de) Support legislation that facilitates and provides funds for habitat management planning, maintenance, administration, and local control. (ef) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects. 8 12. Housing and Community Development: (a) Support efforts to develop federal and state participation, financial support and incentives (tax benefits, grants, loans) for programs which provide adequate, affordable housing (home ownership and/or rental opportunities) for all economic segments of the community including the elderly, handicapped, and low-income persons. (b) Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable units) to local agencies, private developers and non- profit groups in order to rehabilitate residential units and commercial properties. (c) Support legislation that would provide additional funding for rental subsidy assistance programs (such as Section 8) via more vouchers or certificates. (d) Support repeal of Article 34 (Public Housing Project Law) of the California Constitution. (e) Support legislation that allows entitlement cities to use CDBG funds for new construction of housing units. (g) Support state inclusionary housing legislation that allows for adoption of local programs such as that implemented in Carlsbad. (h) Support the repeal or modification of the Davis-Bacon Wage Act,, as it relates to charter cities, that sets a prevailing wage scale for public projectsA substantially increasing the cost of publicly assisted housing developments. (!) Support legislation that will consolidate and streamline the administration and reporting requirements for the Community Development Block Grant program. (j) Support the consolidation of the Section 8 Certificate and Voucher Programs. (k) Oppose legislation that would give the State financial administrative responsibilities for the Community Development Block Grant program (CDBG). (I) Oppose legislation that makes the local municipality or redevelopment agency financially responsible for the removal, abatement or mitigation of hazardous materials. (m) Support legislation that requires availability of adequate school facilities contemporaneously with occupancy of housing. \0 13. Redevelopment: (a) Support reform of reporting requirements for the Redevelopment Agency that simplify the process and eliminate the confusion regarding which reports to file with which State agency (Housing and Community Development or Controllers Office or both). (b) Oppose legislation that would prohibit/limit the establishment of new redevelopment project areas and/or expansion of existing project areas. (c) Oppose any legislation that allows reallocation of tax increment revenues by the State to finance agencies and/or projects other than the redevelopment project which generated the increment. (d) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for redevelopment projects, including economic redevelopment where a prior finding of blight has been determined. 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 child care facilities. (d) Support the provision of reasonable tax incentives for employers who offer child care services. (e) Support legislation that restores local control over quality childcare in areas such as licensure, staffing, education and training. 15. Immigration: (a) Support legislation which recognizes the unique and difficult problems associated with recent legal and illegal immigrants to the United States, and assist local communities in dealing with these problems in such areas as housing, health services, education and employment. (b) Support legislation to increase the number of border patrol agents at the International Border. (c) Support state and federal assistance to local communities attempting to address the needs of migrant workers. 10 16. Energy; (a) Support legislation that develops regulatory and market mechanisms that ensure the Sstate achieves the greatest level of energy self-sufficiency and security as soon as practical. (b) Support legislation that establishes a market structure and rules that promote real competition and reasonable, justifiable prices. (c) Support legislation that aggressively pursues refunds to consumers for rates that have been determined to be unjust or unreasonable. (d) Support legislation that commits to and expedites the development of needed infrastructure (e.g. generation, transmission, and natural gas pipelines) to create robust and functional markets. (e) Support legislation that increases the diversity of the Sstate and region's energy resources, particularly increasing the use of higher-efficiency, clean distributed generation (e.g. combined heat and power) and renewable resources. (f) Support legislation that encourages and incentivizes the adoption of new and emerging technologies that provide real-time pricing to promote better price response by consumers. (g) Support legislation that promotes municipal renewable energy development, (h) Support legislation that allows net electrical metering. (i) Support legislation that provides financial incentives for renewable energy. (j§) Support legislation that minimizes adverse environmental impacts of the sStateand the region's energy use. 17. Public Health: (a) Support any measure that protects children and youth from exposure to tobacco, second hand smoke and tobacco-related products. (b) Support legislation that recognizes and prevents the adverse impacts affecting the public health and welfare of its citizens, and particularly minors. (e)—Recognize that Section 6404.5 of the California Labor Code regulates smoking in California workplaces, and requires local governments to initiate enforcement of this law. 11 CITY OF CARLSBAD 2008 LEGISLATIVE PLATFORM The purpose of this Legislative Platform is to clearly outline the position of the City of Carlsbad in regard to matters that impact the City's ability to operate effectively. The statements outlined below allow City Council and staff to take rapid action on these and other legislative issues if necessary. 1. General Government: (a) Oppose legislation or constitutional amendments that weaken or interfere with the powers of charter cities and preserve local autonomy or home rule authority. (b) Support measures which would strengthen cities' ability to reorganize and consolidate water districts, sewer districts, school districts, and other special districts that operate within or provide service to a city. (c) Support legislation that 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. (f) Support state and federal funding and legislation for the arts that benefits local communities. (g) Support legislation reducing and providing for recovery of costs, maintaining privacy, and eliminating attorney's fees for administering public records laws. (h) Oppose federal measures which remove the deduction of all state and local taxes for federal income tax purposes. (i) Support legislation and regulations of telecommunications facilities and services that: 1. Maintain local control over public right-of-ways. 2. Provide just compensation for use of right-of-ways and overseeing public service standards. 3. Ensure public, education, and governmental access is available and affordable. 4. Provide free access for public information services and announcements. 5. Maintain local control, including but not limited to discretionary permits over wireless communications facilities. 6. Reinstates competition in the telecommunications industry. 0) Support legislation prohibiting firms from bidding on City projects if the firm is currently involved in legal proceedings against the City arising from prior projects. (k) Support legislation that facilitates economic development efforts and encourages businesses to locate or remain in California. (I) Oppose measures that would eliminate state licensing requirements for professionals involved in designing public and private developments. (m) Support legislation that will foster independence of older Californians. (n) Support legislation that requires cable television companies to assure that audio and video portions of adult entertainment channels are completely blocked 24 hours a day in the homes of non-subscribers. (o) Support measures that provide funding for community park facilities, open space, and recreation programs. (p) Support legislation that either requires citizen initiatives to comply with CEQA before placing the initiative on the ballot or exempting from this requirement a City Council initiated ballot measure dealing with the same subject matter on the same ballot. 2. Local Government Finance: (a) Support measures that implement basic structural changes in state government that result in state budget expenditures being brought into balance with state revenues. (b) Support measures which safeguard existing revenue sources from preemption by the State or County. (c) Support measures which would provide fiscal independence to cities. (d) Support legislation that makes funds to support public facilities (ie. facilities, open space) more available to local municipalities. (e) Support measures which relieve taxpayers of the burden of paying for services which could be charged directly to the service user, and which simplify the process of establishing such fees. (f) Support legislation that would provide greater accountability on the part of counties for the distribution of funds back to municipalities, including, but not limited to, fines and forfeitures. (g) Support measures to reinstate flexibility in the administration of Article XIII-B (The Gann Initiative). \H (h) Oppose any change in revenue allocations which would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, transient occupancy tax and other taxes and fees. (i) Oppose any measure that shifts revenue from any unit of local government to other agencies. (j) Oppose any measure that would make cities more dependent on the State for financial stability and policy direction. (k) Support legislation to eliminate or repeal unfunded state and federal mandates or to require timely reimbursement and oppose measures that would impose those mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities. (I) Oppose any measure that restricts or limits a public entity's ability to use tax exempt debt for the purchase or construction of public purpose improvements. (m) Oppose legislation that shifts State/County criminal justice costs to cities, (n) Oppose the use of the federal gas tax for federal debt reduction. (o) Support legislation that streamlines permitting processes without undermining the ability of local government to apply and be compensated for the enforcement of reasonable building, planning and fire protection standards. (p) Oppose legislation that creates surcharges for state oversight of state mandated programs. (q) Support legislation that allows cities with civil service/personnel systems to contract out services to the private sector to save taxpayer dollars. (r) Support legislation that assists cities to enforce and collect local taxes. (s) Support legislation that would exempt stormwater and urban runoff management programs from Proposition 218 requirements. (t) Oppose any measure or legislation that prevents local franchising of cable television or video services, regardless of the technology used to deliver the cable television or video services to the subscriber. (u) Oppose legislation that would erode or purport to erode a charter city's ability to design, implement, determine wage rates or fund any and all public works projects within its jurisdiction. 3. Labor Relations: (a) Support legislation that limits the ability of employees to receive workers' compensation benefits for occupational injuries/illnesses that result from stress, disciplinary action, or performance evaluations or consultations. (b) Support any measure that would reverse the imposition of compulsory and binding arbitration with respect to public employees. (c) Oppose any measure that would grant employee benefits that should be decided at the local bargaining table. (d) Oppose any legislation that would reduce local authority to resolve public employee disputes, and support legislation that would preserve court jurisdiction, and/or impose regulations of an outside agency (such as PERB). (e) Oppose measures that propose a standard higher than the normal civil ones in disciplinary proceedings for peace officers. (f) Oppose legislation that expands or extends any presumptions of occupational injury or illness and support legislation that repeals the presumption that the findings of a treating physician are correct. (g) Oppose legislation that increases workers' compensation benefits without providing for concurrent cost controls. (h) Support legislation that improves access to, and reduces the cost of, healthcare for public employees. 4. Tort Reform: (a) Support measures to reform California's tort system to reduce/limit liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. (b) Support legislation that recognizes or broadens immunities for public agencies and oppose legislation that attempts to limit or restrict existing immunities. (c) Support legislation that requires plaintiffs' to make a good faith showing of liability prior to filing a lawsuit against a public entity. 5. Transportation: (a) Support measures that would increase the ability of local agencies to finance local transportation facilities. (b) Support measures to finance local and regional transportation facilities and improvements, including alternative modes of transportation and transportation demand management systems. (c) Support legislation that provides for effective and efficient transportation alternatives. (d) Oppose transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems. (e) Encourage and support double tracking of the rail corridor within the City limits. 6. Coastline: (a) Support measures which provide funding for urban waterfront restoration and enhancement. (b) Support legislation that would aid the restoration, preservation and enhancement of beachfront property, sand, bluffs, access and parking. (c) Support measures that would preserve and extend the authority of cities over land use regulations, over the placement of onshore facilities which service offshore oil drilling. (d) Support legislation that requires the double hulling of all new oil tankers and the retrofitting of all existing oil tankers. (e) Support legislation that promotes aquatic research, education, aqua culture, and other related uses. (f) Oppose any offshore oil leasing or drilling within 20 nautical miles of the San Diego coast. (g) Support legislation providing that if Coastal Commission staff has an opportunity to participate in local and or regional habitat management plans, there is a presumption of consistency with the Federal Coastal Management Act. 7. Water Management: (a) Support a balanced water transportation and regional storage system that " provides for the needs of San Diego County, while protecting the Delta and Central Valley regions with minimal impact on agriculture and the environment. (b) Support measures that increase water supply and storage facilities within the region and allow for economically feasible water transfers within the system. n (c) Support efforts that will encourage water conservation practices by all water consumers. (d) Support efforts to assist in the production and distribution of reclaimed water. (e) Support measures that provide for the equitable allotment and distribution of preferential water rights. (f) Support legislation and regulations that encourage the use and development of alternative water sources, including desalination. 8. Environment: (a) Support legislation that complements Council's Environmental Sustainability Guiding Principles. (b) Support efforts for the safe and cost effective disposal of solid, hazardous and medical waste. (c) Support legislation that encourages timely action to reduce the amount of ozone depleting compounds discharged into the atmosphere. (d) Support legislation that allocates state and/or federal funds for the construction of facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. (e) Support measures, which promote the recycling/reclaiming of natural resources, including water, timber, oil, gas minerals and earth metals. (f) Support measures that would make low-interest loans and/or grants available to local agencies for programs that would encourage the recycling/reclaiming of resources. (g) Support legislation that streamlines federal and State of California's environmental review processes and limits court reviews of environmental documentation. (h) Support legislation to develop an ongoing funding source to implement the federally mandated Clean Water Act of 1987 and to ensure protection of local resources. (i) Support legislation that promotes alternatively powered vehicles in the State vehicle buying program. (j) Oppose environmental legislation that creates an unfunded mandate for cities to implement and fund. 9. Waste Management: (a) Oppose legislation restricting the ability of local governments to regulate solid waste and recyclable materials. (b) Support measures that promote market development of recyclable materials. (c) Support legislation toward the procurement of recyclable and recycled materials. (d) Support legislation that promotes source reduction measures. (e) Support measures that encourage the streamlining of California Integrated Waste Management Board grant programs and provide maximum flexibility to local government. (f) Oppose legislation regulating "flow control" of solid waste materials. 10. Safety Services: (a) Support legislation that strengthens local law enforcement. (b) Support measures which strengthen present state or federal laws to increase penalties and give local governments the power to restrict or regulate the sale, manufacture, or use of dangerous drugs. (c) Support measures that would provide a greater share of seized assets to localities and increased discretion for local spending. (d) Support legislation that discourages, prevents, and penalizes driving under the influence of drugs or alcohol. (e) Support legislation that enhanced local agencies ability to recover costs from guilty parties for damage to public property and services in accidents involving driving under the influence of drugs and/or alcohol. (f) Support legislation that would allow for the destruction, confiscation, or extended safekeeping of firearms or other deadly weapons involved in domestic violence incidents. (g) Oppose legislation that would restrict or reduce the ability of local government to determine the extent or method of fire hazard mitigation necessary in or around wildland areas. (h) Support legislation granting immunity to or limiting liability of governmental entities and their employees who provide emergency medical instructions and/or treatment as a part of their public safety dispatch system. (i) Oppose legislation that would restrict a local government from revising the delivery of emergency medical service to its citizens and support measures that broaden these powers. (j) Support legislation that would assist local safety agencies in regionalization of activities such as training, crime labs, and other appropriate functions. (k) Support legislation that would provide funding for addiction rehabilitation treatment. (I) Support legislation that provides financial assistance to local agencies for Homeland Security. 11. Land Use Planning: (a) Support legislation to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, regulatory authority over zoning, subdivisions, annexations, and redevelopment areas. (b) Support measures in local land use that is consistent with the doctrine of "home rule" and the local exercise of police powers in planning and zoning processes. • (c) Support legislation requiring environmental review of initiatives to amend a general plan or zoning ordinance before the initiative is placed on the ballot or enacted. (d) Support legislation to allow cities to issue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan. (e) Support legislation that facilitates and provides funds for habitat management planning, maintenance, administration, and local control. (f) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects. 12. Housing and Community Development: (a) Support efforts to develop federal and state participation, financial support and incentives (tax benefits, grants, loans) for programs which provide adequate, affordable housing (home ownership and/or rental opportunities) for all economic segments of the community including the elderly, handicapped, and low-income persons. (b) Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable units) to local agencies, private developers and non- 8 profit groups in order to rehabilitate residential units and commercial properties. (c) Support legislation that would provide additional funding for rental subsidy assistance programs (such as Section 8) via more vouchers or certificates. (d) Support repeal of Article 34 (Public Housing Project Law) of the California Constitution. (e) Support legislation that allows entitlement cities to use CDBG funds for new construction of housing units. (f) Support state inclusionary housing legislation that allows for adoption of local programs such as that implemented in Carlsbad. (g) Support the repeal or modification of the Davis-Bacon Wage Act, as it relates to charter cities, that set a prevailing wage scale for public projects, substantially increasing the cost of publicly assisted housing developments. (h) Support legislation that will consolidate and streamline the administration and reporting requirements for the Community Development Block Grant program. (i) Support the consolidation of the Section 8 Certificate and Voucher Programs. (j) Oppose legislation that would give the State financial administrative responsibilities for the Community Development Block Grant program (CDBG). (k) Oppose legislation that makes the local municipality or redevelopment agency financially responsible for the removal, abatement or mitigation of hazardous materials. (I) Support legislation that requires availability of adequate school facilities contemporaneously with occupancy of housing. 13. Redevelopment: (a) Support reform of reporting requirements for the Redevelopment Agency that simplify the process and eliminate the confusion regarding which reports to file with which State agency (Housing and Community Development or Controllers Office or both). (b) Oppose legislation that would prohibit/limit the establishment of new redevelopment project areas and/or expansion of existing project areas. (c) Oppose any legislation that allows reallocation of tax increment revenues by the State to finance agencies and/or projects other than the redevelopment project which generated the increment. (d) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for redevelopment projects, including economic redevelopment, where a prior finding of blight has been determined. 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 child care facilities. (d) Support the provision of reasonable tax incentives for employers who offer child care services. (e) Support legislation that restores local control over quality childcare in areas such as licensure, staffing, education and training. 15. Immigration: (a) Support legislation which recognizes the unique and difficult problems associated with recent legal and illegal immigrants to the United States, and assist local communities in dealing with these problems in such areas as housing, health services, education and employment. (b) Support legislation to increase the number of border patrol agents at the International Border. (c) Support state and federal assistance to local communities attempting to address the needs of migrant workers. 16. Energy: (a) Support legislation that develops regulatory and market mechanisms that ensure the State achieves the greatest level of energy self-sufficiency and security as soon as practical. (b) Support legislation that establishes a market structure and rules that promote real competition and reasonable, justifiable prices. (c) Support legislation that aggressively pursues refunds to consumers for rates that have been determined to be unjust or unreasonable. (d) Support legislation that commits to and expedites the development of needed infrastructure (e.g. generation, transmission, and natural gas pipelines) to create robust and functional markets. 10 (e) Support legislation that increases the diversity of the State and region's energy resources, particularly increasing the use of higher-efficiency, clean distributed generation (e.g. combined heat and power) and renewable resources. (f) Support legislation that encourages and incentivizes the adoption of new and emerging technologies that provide real-time pricing to promote better price response by consumers. (g) Support legislation that promotes municipal renewable energy development, (h) Support legislation that allows net electrical metering. (i) Support legislation that provides financial incentives for renewable energy. (j) Support legislation that minimizes adverse environmental impacts of the State and the region's energy use. (k) Support legislation that prohibits the California Energy Commission from issuing any license to operate a power plant unless and until it has received the report required by the California Coastal Commission under the Warren- Alquist Act. 17. Public Health: (a) Support any measure that protects children and youth from exposure to tobacco, second hand smoke and tobacco-related products. (b) Support legislation that recognizes and prevents the adverse impacts affecting the public health and welfare of its citizens, and particularly minors. 11 FOR THE INFORMAfJONOF" THE CITY COUNCIL October 21,2008 _i_ _9'TYATTQRNEY TO: MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY RE: ITEM NO. 8 - ADOPTION OF 2008 LEGISLATIVE PLATFORM It is recommended that the following planks be added to the 2008 Legislative Platform: > Energy (k) Support legislation that prohibits the California Energy Commission from issuing any license to operate a power plant unless and until it has received the report required by the California Coastal Commission under the Warren- Alquist Act. > Local Government Finance (u) Oppose legislation that would erode or purport to erode a charter city's ability to design, implement, determine wage rates or fund any and all public works projects within its jurisdiction. > Land Use Planning Do not delete the plank (c) which was inadvertently recommended for deletion which reads "Support legislation requiring environmental review of initiatives to amend general plan or zoning ordinance before the initiative is placed on the ballot or enacted." Please let me know if you have any questions regarding the above. RONALD R. BALL City Attorney rn c: *©«y Ctertr* City Manager Management Analyst, Rob Houston C '• Legislative Review1.Revised Legislative Platform for consideration and adoption2.Presentation overview of SB 375 legislation Legislative ReviewyLegislative Platform for consideration and adoption yClearly outlines position of the City for legislative reviewyIncludes some additions that include Desalination and Energy issuesyAlso 3 additions to the Platform in front of you are proposed Legislative ReviewProposed additions to 2008 Legislative PlatformyEnergy (k) Support legislation that prohibits the California Energy Commission from issuing any license to operate a power plant unless and until it has received the report required by the California Coastal Commission under the Warren-Alquist Act.yLocal Government Finance(u) Oppose legislation that would erode or purport to erode a charter city’s ability to design, implement, determine wage rates or fund any and all public works projects within its jurisdiction.yLand Use PlanningDo not delete the plank (c) which was inadvertently recommended for deletion which reads “Support legislation requiring environmental review of initiatives to amend general plan or zoning ordinance before the initiative is placed on the ballot or enacted.”yDiscussion and Adoption of Legislative Platform SB 375 Background yAB 32 - Global Warming Solutions Act (2006)yMandates Greenhouse Gas (GhG) reductions to 1990 levels by 2020ySB 375yBill introduced in 2007yPassed by legislature and signed by Governor in September 2008yRepresents a “program” for the Cars & Light Trucks SectoryGoal to reduce GhG by linking transportation and land use planning SB 375 Main FeaturesyThree Goals:yUse regional transportation planning to help achieve AB 32 goalsyProvide CEQA streamlining incentives to encourage residential development to help achieve GhG reduction targetsyCoordinate regional housing needs allocation with regional transportation planning SB 375 Main FeaturesyRegional Transportation Plans (RTP’s) primary tool for deciding how federal, state and local funds are distributedyRTP for San Diego region prepared and adopted by SANDAGyExisting federal law requires RTP to be based on regional growth forecast over 20-30 yearsyForecast must use realistic “current planning assumptions”(i.e. existing General Plans) Sustainable Communities StrategyySB 375 requires regions to adopt a Sustainable Communities Strategy (SCS) as part of RTPySCS must:yUse realistic planning assumptions & growth forecasts (i.e., consider “local general plans and other factors”)yGeneral location of land use uses, densities/intensities, within the regionyID areas suitable to accommodate region’s housing needs Sustainable Communities Strategy•Describe a transportation network to service the needs of the region•Set a forecasted development pattern that will achieve the GhGreduction targets, if feasible•Quantify the GhG reductions•SCS must be adopted by SANDAG and submitted to CARB•CARB may only accept or reject SCS•SANDAG Board composed of elected officials from cities and county Sustainable Communities Strategy•SCS does notsupersede a local general plan, specific plan, or zoning code•Cities notrequired to amend general plans to be consistent with the regional SCS•Transportation projects must be consistent with SCS, except:–Certain projects programmed for funding by 12/31/2011–Projects specifically listed in a sales tax ballot measure approved prior to 12/31/2010 Alternative Planning StrategyyIf SCS will not achieve GhG reduction target, region must adopt an Alternative Planning Strategy (APS)yAPS must:yID impediments to achieving targetyInclude measures that would achieve target, including alternative land use plan, infrastructure and/or additional transportation measures, policiesyAPS is not part of RTP Public Participation and Role of Local Officials•Statewide draft target (cars & light trucks) released 6/08•CARB must consult with advisory committee, regional planning organizations (e.g., SANDAG), local air districts•Must conduct at least 1 public workshop•Regional targets distributed by 9/30/2010 Role of Local Officials and Public Participation•Once regional target established, SCS is prepared by SANDAG•Significant public involvement in developing the SCS–Informational meetings with local elected officials–Public workshops (3 min.)–Draft review/comment period –Public hearings to adopt SCS (2 min.) CEQA Streamlining Incentives•Two types of incentives for Residential and Mixed-use Projects•Goal is to reduce driving by emphasizing mixed uses, higher densities and transit•Transit Priority Project, declared consistent with SCS•Exempt from environmental reviewTransit Priority Project which does not meet all of the criteria•Partial Exemption - no need to analyze certain impacts and higher standard for court challenges •For a Transit Priority Project, need only condition traffic mitigation measures pre-approved by jurisdiction CEQA Streamlining IncentivesyAttractiveness of these CEQA incentives may be limited due to criteria and only partial exemptions.yOther exemptions already in the law that may be easier for project to meet (e.g., urban infill, affordable housing, etc.) Housing Element Law Changes •Housing needs allocation must be consistent with SCS•GhG emissions reductions now a factor in allocating “fair share”•Statewide housing needs are still forecast by the state and allocated to the regions (“RHNA process”)–Each region must distribute a “fair share” of housing to each of the cities and county unincorporated area–Projected housing needs used to periodically update local Housing Elements–If a city does not have enough capacity to accommodate the projected need, then it must implement programs to meet need–In some cases, rezoning and/or increasing density is required Housing Element Law Changes•SB 375 makes significant changes to Housing Element Law–Housing Elements must be updated every 8 years (instead of 5)–Once RHNA allocation becomes final, city must complete update and submit to HCD within 12 months –Failure to complete and submit HE update within 12 months places city on a 4 year update cycle (rather than 8) Housing Element Law Changes•Any re-zoning required in Housing Element must be completed within 3 years, unless extension granted•Failure to complete rezoning within 3 years•Any interested party may bring suit to have court compel city tocomplete rezoning within 60 days•Court must consider the equities presented by all affected parties before considering any judgment or order•Court retains jurisdiction until order carried out•“Builder’s Remedy”•Except under limited circumstances, a city shall not disapprove an affordable housing project proposed on a site identified in the HE that a city fails to re-zone in a timely manner What’s Next?yCARB to finalize statewide target, begin process to distribute to regions (due Sept. 2010)ySANDAG staff to pursue clean-up legislationyTimelines in SB 375 not realistic for this regionyDoes not account for 1 year RHNA extension recently-grantedySANDAG staff to provide info at next TWG meetingyFuture informational briefings tbd Implications for CarlsbadyPotential AdvantagesyBuilds upon recent planning efforts to focus on infill and “smart growth”yIncentives may encourage more “smart growth”developmentySCS does not require Carlsbad to amend its land use, zoning or growth management policiesyHE updates every 8 years (instead of 5) Implications for CarlsbadyPotential DisadvantagesyPotential for reduced funding if local land use policies out of sync with SCSyFuture housing element updates may require re-zoning or city may face sanctionsyIncentives may not be sufficientyUntil regional GhG targets are determined, law’s impact on local planning and transportation funding decisions unknown ConclusionySB 375 makes important changes to regional transportation, local land use planning, and housing element lawyGhG targets established by state, but regions decide how to achieve goalsyLocal land use control is retainedyEmphasizes cooperative regional approach to GhG reductions yRelies on a mix of incentives and potential sanctions