HomeMy WebLinkAbout2010-02-23; City Council; 20138; Adopt 2010 Legislative PlatformCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT. CM
20,138_
2/23/10
ADOPT 2010
LEGISLATIVE PLATFORM
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Receive and adopt the 2010 Legislative Platform.
ITEM EXPLANATION:
Staff is submitting the proposed 2010 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 2010 Legislative Platform is consistent with past platforms and includes 17
different sections that pertain to local government. Changes in the platform include an
expanded introductory statement as to the purpose of the legislative platform, an addition for
support of legislation that aligns water district administrative rules with those of the Charter City
they are located within, an addition for support for watershed and related habitat management
funding, and a statement of support to encourage programs and promotion of alternate energy.
FISCAL IMPACT:
None
ENVIRONMENTAL IMPACT:
None
EXHIBITS:
1. 2010 Legislative Platform - Red-lined Version
2. 2010 Legislative Platform - Final Version
DEPARTMENT CONTACT: Rob Houston, (760) 434-2958, rob.houston@carlsbadcaqov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN Q
RETURNED TO STAFF D
OTHER -SEE MINUTES D
Council adopted the Plgtform as amendended.
Adopted/AmendedVersi on
CITY OF CARLSBAD
2010 LEGISLATIVE PLATFORM
The City will actively monitor and advocate or oppose legislation as directed
by the City Council, through this platform, to protect the City's interests and
local legislative authority and will take appropriate action when required to
safeguard and/or advance the City's interests. This includes preserving and
protecting the City's charter powers, duties and prerogatives to enact local
legislation concerning local affairs.
The purpose of this Legislative Platform is to clearly outline the position of the
City Council on priority issues and matters that impact the city's ability to
operate effectively, without precluding the consideration of additional
legislative and budget issues that arise during the legislative session.
The statements outlined below allow the mayor, council members, 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.
(j) 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) 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.
(v) Oppose any legislation that attempts to repeal or eliminate the "pay first and
litigate later" provisions of law and oppose any bill or amendment that
proposes to reduce or eliminate the obligation of any online travel agency to
pay transient occupancy taxes under state or local law."
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.
(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.
(g) Support legislation that allows Water Districts to award contracts in conformity
with the provisions of the local City Charter.
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 provides funding to improve recreational water quality,
habitat management, and open space.
(j) Support legislation that promotes alternatively powered vehicles in the State
vehicle buying program.
(k) 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,
8
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.
(g) Support measures that allow local agencies to condition mobile home park
conversions from rental to resident ownership pursuant to local land use
regulations including a requirement to provide public improvements and
infrastructure where necessary to promote the health, safety, and welfare of
park residents.
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.
(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.
10
(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.
(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.
11
(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 encourages funding programs for and promotion of
alternate energy sources
(I) 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.
12
February 22, 2010
All Receive
For the Information of the-
CITY COUNCIL
Asst CM CA ^ CC u'
Datfe>|9geity Manager]//
To:City Manager
From: Senior Management Analyst
Subject: Addendum to Legislative Platform
The Legislative Platform for the City is periodically updated and the latest version of this document
will be presented to Council at the February 23rd Council meeting as item #4. Unfortunately an
addition to this platform was inadvertently left off of the document that was recommended by the
City Attorney for inclusion. It is recommended that the following statement be added to the
platform;
"Oppose any legislation that attempts to repeal or eliminate the "pay first and litigate later"
provisions of law and oppose any bill or amendment that proposes to reduce or eliminate the
obligation of any online travel agency to pay transient occupancy taxes under state or local
law."
Attached is a copy of the latest version platform with this statement added as point (v) under the
Local Government Finance section of the document. I am sorry for any inconvenience that this
omission might have created.
Rob Houston
Attachment
.cc City Attorney CITY OF CARLSBAD
CITY CLERK'S OFFICE
CITY OF CARLSBAD
2008-2010 LEGISLATIVE PLATFORM
The City will actively monitor and advocate or oppose legislation as directed
by the City Council, through this platform, to protect the City's interests and
local legislative authority and will take appropriate action when required to
safeguard and/or advance the City's interests. This includes preserving and
protecting the City's charter powers, duties and prerogatives to enact local
legislation concerning local affairs.
The purpose of this Legislative Platform is to clearly outline the position of the
City Council on priority issues and matters that impact the city's ability to
operate effectively, without precluding the consideration of additional
legislative and budget issues that arise during the legislative session.
The statements outlined below allow the mayor, council members, and staff to
take rapid action on these and other legislative issues if necessary.
The purpose of this Legislative Platform is to clearly outline tho position of tho
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.
(j) 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) 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.
(v) Oppose any legislation that attempts to repeal or eliminate the "pay first and
litigate later" provisions of law and oppose any bill or amendment that
proposes to reduce or eliminate the obligation of any online travel agency to
pay transient occupancy taxes under state or local law."
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.
(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.
(g) Support legislation that allows Water Districts to award contracts in conformity
with the provisions of the local City Charter.
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.
6
(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 provides funding to improve recreational water quality,
habitat management, and open space.
(i[) Support legislation that promotes alternatively powered vehicles in the State
vehicle buying program.
(jk) 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-
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).
9
(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.
10
(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.
(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 encourages funding programs for and promotion of
alternate energy sources
(kl) 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.
11
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.
12
February 23, 2010
TO: MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
FOR THE INFORMATION OF
THE CITY COUNCIL
10
DATE CITY ATTORNEY
RE: LEGISLATIVE PLANK CONCERNING MOBILE HOME PARK CONVERSIONS
Our office recommends that an additional plank be added to the draft 2010 Legislative Platform
scheduled for your consideration at the Council meeting of February 23, 2010. With the recent
application of Lanikai Lane Mobile Home Park for a tentative map to convert the park from a rental
park to resident ownership, it has become clear in our review of both court decisions and an
Information Bulletin from the State Department of Housing and Community Development
("Department") on the validity of local ordinances relating to such conversions, that the City has very
little authority to impose conditions on such conversions. For instance the City is preempted from
requiring the installation fire sprinklers, relocation or addition of fire hydrants, or the upgrading of
drainage facilities.
The limitations on local land use regulations set forth in Government Code 66427.5 are meant to
encourage the provision of affordable housing with the creation of mobile home park ownership
units. Local agencies, even charter cities, are preempted from imposing their building and zoning
regulations or from requiring public improvements as a condition of tentative map approval for a
park conversion. In implementing the Legislature's comprehensive statewide program to establish
and enforce park standards for construction, maintenance, repairs, and occupancy, the Department's
statutes and regulations impose standards for virtually every aspect of a park or manufactured
home's physical conditions, as well as for park conversions.
Our office feels that the goal of facilitating the provision of affordable housing can be accomplished
while still allowing local jurisdictions some authority to impose conditions which protect the health,
welfare and safety of park residents. Therefore, it is recommended that a plank "g" be added to the
platform under category no. 11, Land Use Planning, to read as follows:
(g) Support measures that allow local agencies to condition mobile home park
conversions from rental to resident ownership pursuant to local land use regulations
including a requirement to provide public improvements and infrastructure where
necessary to promote the health, safety and welfare of park residents.
JANEMOBALDI
Assistant City Attorney
rn
City Clerk
City Manager
Community and Economic Development Director
Planning Director
PLEASE PULL CONSENT CALENDAR ITEM #4
201 0 LEGISLATIVE PLATFORM
Meeting Date: February 23,2010
Staff is recommending that the Legislative Platform be amended to add the
I following planks:
I Under Local Government Finance
o (v) "Oppose any legislation that attempts to repeal or eliminate the "pay
I first and litigate later" provisions of law and oppose any bill or
I I
: amendment that proposes to reduce or eliminate the obligation of any
online travel agency to pay transient occupancy taxes under state or
I local law."
Under Land Use Planning:
o (g) "Support measures that allow local agencies to condition mobile
home park conversions from rental to resident ownership pursuant to
local land use regulations including a requirement to provide public
improvements and infrastructure where necessary to promote the
health, safety, and welfare of park residents."
Please vote to accept the 2010 Legislative Platform as amended.
C: Mayor Pro Tem
City Manager
City Attorney
Clerk