HomeMy WebLinkAbout2021-03-16; City Council; ; City Council Policy No. 39 - Intergovernmental Affairs Program, 2021 Legislative Platform and Legislative UpdateMeeting Date: March 16, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jason Haber, Intergovernmental Affairs Director
Jason.haber@carlsbadca.gov, 760-434-2958
Subject: City Council Policy No. 39 - Intergovernmental Affairs Program, 2021
Legislative Platform and Legislative Update
Districts: All
Recommended Action
1.Adopt a resolution approving amendments to City Council Policy No. 39 -
Intergovernmental Affairs Program (requires four votes to pass)
2.Adopt a resolution approving the City of Carlsbad 2021 Legislative Platform
3.Receive a presentation on state and federal legislative and budget activity and recent
and ongoing advocacy efforts and provide feedback to staff
Executive Summary
This item presents amendments to City Council Policy No. 39 - Intergovernmental Affairs
Program and the City of Carlsbad 2021 Legislative Platform, as proposed by the City Council
Legislative Subcommittee, for adoption by the City Council.
This item will also include a presentation on state and federal legislative and budget activity and
the city’s recent and ongoing legislative advocacy efforts.
Discussion
City Council Policy No. 39 - Intergovernmental Affairs Program establishes the guidelines of the
city’s intergovernmental affairs program, which enables the city to efficiently and effectively
address intergovernmental and legislative matters affecting the city. Exhibit 3 presents the
proposed amendments to the existing City Council Policy No. 39, with the proposed revisions
highlighted. The proposed amendments are recommended by the City Council Legislative
Subcommittee for the City Council’s adoption. Under City Council Policy No. 1 – Adoption of
Council Policy Statements, four Council votes are required to adopt the proposed amendment
to City Council Policy No. 39.
March 16, 2021 Item #8 Page 1 of 58
The city’s legislative platform outlines the adopted positions of the City Council. Exhibit 4
presents the revisions proposed to the City of Carlsbad 2021 Legislative Platform, which is
proposed to amend the existing City of Carlsbad 2020 Legislative Platform. The City Council
Legislative Subcommittee recommends the City Council approve the proposed amendments.
Fiscal Analysis
This item has no fiscal impact.
Next Steps
The adopted City of Carlsbad 2021 Legislative Platform and amended City Council Policy No. 39
will guide staff, the legislative subcommittee and the city’s legislative consultants in addressing
various intergovernmental and legislative matters that may impact the city.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065 in that it has no potential to
cause either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment. Therefore, it does not require environmental review.
Public Notification and Outreach
Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibit
1. City Council resolution on City Council Policy No. 39
2. City Council resolution on City of Carlsbad 2021 Legislative Platform
3. Proposed amendments to City Council Policy No. 39 - Intergovernmental Affairs Program
4. Proposed amendments to City of Carlsbad 2020 Legislative Platform
March 16, 2021 Item #8 Page 2 of 58
RESOLUTION NO. 2021-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CITY COUNCIL POLICY NO. 39
INTERGOVERNMENTAL AFFAIRS PROGRAM
WHEREAS, on April 19, 1994, the City Council issued City Council Policy No. 39 to establish the
guidelines of the City's legislative program; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution No. 2019-137, authorizing the
formation of a standing City Council Legislative Subcommittee; and
WHEREAS, Resolution No. 2019-137 established the duties of the City Council Legislative
Subcommittee to include reviewing City Council Policy No. 39-Legislative Program and recommending
amendments to the City Council; and
WHEREAS, on June 16, 2020, the City Council adopted Resolution No. 2020-116 rescinding City
Council Policy No. 39 -Legislative Program and replacing it with revised City Council Policy No. 39 -
Intergovernmental Affairs Program; and
WHEREAS, the City Council Legislative Subcommittee has reviewed City Council Policy No. 39 -
Intergovernmental Affairs Program and recommends amending it as presented in Attachment A-City
Council Policy No. 39 -Intergovernmental Affairs Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
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1.That the above recitations are true and correct.
2.That the City Council approves the amended City Council Policy No. 39 -
Intergovernmental Affairs Program as shown in Attachment A.
March 16, 2021 Item #8 Page 3 of 58
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16th day of March, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
vhf\)�j)0{1,yl �?., fvv'BARBARA ENGLESON, Citylerk
(SEAL)
March 16, 2021 Item #8 Page 4 of 58
Subject: Intergovernmental Affairs Program
Purpose
Policy No. 39
Date Issued
Resolution No.
To establish the guidelines of the city's intergovernmental affairs program.
Background
The city's intergovernmental affairs program enables the city to efficiently and
effectively address intergovernmental and legislative matters affecting the city. By
establishing a standing City Council Legislative Subcommittee and an
Intergovernmental Affairs Director position, the city recently enhanced its capacity to
monitor, analyze and respond to a steadily increasing stream of new legislation and
an increasingly complex network of relationships existing among governmental
agencies at the federal, state and local level. This policy establishes an appropriate
and flexible intergovernmental affairs program for the City of Carlsbad.
Statement of policy
1.It shall be the policy of the City of Carlsbad to actively monitor and
advocate for legislation and other intergovernmental matters affecting the
city as directed by the City Council to protect the city's interests and local
legislative authority.
2.The city will maintain an ongoing membership in the League of California
Cities, which serves to promote the unified position of municipalities in San
Diego County and throughout California to the state and federal legislature.
3.The City Council will adopt a Legislative Platform that clearly expresses
the city's position on, and provides a basis for prioritizing and acting
upon, a broad range of intergovernmental and legislative matters.
•The Legislative Platform will be reviewed annually by the
City Council Legislative Subcommittee and amended as
needed by the City Council.
4.The City Council will adopt Legislative Priorities to guide the city's
advocacy efforts during the state's biennial legislative session.
•The Legislative Priorities will be reviewed annually by the
City Council Legislative Subcommittee and amended as
needed by the City Council.
5.The City Council Legislative Subcommittee will work in coordination with
the Intergovernmental Affairs Director, City Manager's Office, City
Attorney's Office, city departments, legislative consultants and the
Carlsbad community to:
03/16/2021
2021-058
Attachment A
March 16, 2021 Item #8 Page 5 of 58
City Council Policy Statement No. 39
March 16, 2021
Page 2
a.Receive information and advise the City Council on
intergovernmental and legislative matters affecting the city;
b.Continuously monitor state and federal proposed legislation,
and:
i.Review proposed legislation for consistency with the
Legislative Platform;
ii.Make recommendations to the City Council to identify
high priority bills; and
iii.Make recommendations to the City Council to adopt
advocacy positions on high priority bills not
addressed by the Legislative Platform;
c.Proactively seek to identify local and regional legislative
needs and recommend bill sponsorship opportunities to
the City Council; and
d.Engage and inform the Carlsbad community (residents,
businesses, stakeholder groups) and other governmental agencies
on intergovernmental and legislative matters affecting the city.
6.Only the Mayor or the Mayor's designee may sign a letter on behalf of the
city or the city's subsidiary entities, to oppose or support legislation, or
otherwise advocate in support or opposition of intergovernmental
matters.
7.Only the City Council may authorize a letter to be sent on behalf of the city
or the city's subsidiary entities to oppose or support legislation not clearly
addressed by the Legislative Platform.
Procedure
1.The city will utilize the League of California Cities' Summary of Existing
Policy and Guiding Principles as an organizational framework for
structuring the city's Legislative Platform.
2.The City Council Legislative Subcommittee will review the legislative
Platform annually, and will recommend amendments to the City
Council for adoption, as needed.
3.The Intergovernmental Affairs Director will monitor the league of California
Cities' CA Cities Advocate, Action Alerts and other informational resources,
and will engage the City Attorney's Office, city departments, city boards,
committees and commissions, legislative consultants, federal, state and
local governmental agencies, affiliated professional associations and the
Carlsbad community to identify and inform the City Council Legislative
Subcommittee on emerging and ongoing legislative trends, proposed
legislation and other intergovernmental matters having a direct and
significant impact on the city's fiscal, operational and environmental health,
and the overall quality of life enjoyed by Carlsbad residents and other
stakeholders.
March 16, 2021 Item #8 Page 6 of 58
City Council Policy Statement No. 39
March 16, 2021
Page 3
a.The City Council Legislative Subcommittee will consider emerging
and ongoing legislative trends and proposed legislation in reviewing
the city's Legislative Priorities annually, and will recommend
amendments to the City Council for adoption, as needed.
b.The Intergovernmental Affairs Director will identify and inform the
City Council Legislative Subcommittee on proposed legislation and
other intergovernmental matters that may have a direct and
significant impact on the city's fiscal, operational and environmental
health, and the overall quality of life enjoyed by Carlsbad residents
and other stakeholders.
i.If the City Council Legislative Subcommittee deems such to
be a potential high priority bill or other intergovernmental
matter clearly consistent or inconsistent with the Legislative
Platform, the City Manager and Intergovernmental Affairs
Director shall be authorized to request, and the Mayor or
the Mayor's designee shall be authorized to take
appropriate action in support or opposition.
ii.If the City Council legislative Subcommittee deems such to
be a potential high priority bill or other intergovernmental
matter not clearly consistent or inconsistent with the
Legislative Platform, the City Council Legislative
Subcommittee will develop and present a recommended
advocacy position to the City Council for consideration.
iii.In cases when the City Council Legislative Subcommittee
cannot reach a decision as to whether a proposed piece of
legislation should be deemed a high priority bill, or whether
it is consistent or inconsistent with the Legislative Platform,
the matter will be referred to the City Council to make such
determination.
iv.As the State Legislature nears the end of the legislative
session each year, hundreds of bills are often amended and
passed over the course of only a few days. In cases when a
late-breaking bill amendment is determined by the City
Manager to have a potentially significant beneficial or
detrimental effect on the city; and when such amendment is
scheduled to be heard by the Legislature before it can be
reviewed by the City Council Legislative Subcommittee or City
Council, as may otherwise be required; the City Manager and
Intergovernmental Affairs Director shall be authorized, in
coordination with the Mayor, to take appropriate action in
support or opposition of the proposed amendment,
consistent with a position taken by the League of California
Cities or another affiliated professional association.
March 16, 2021 Item #8 Page 7 of 58
City Council Policy Statement No. 39
March 16, 2021
Page 4
c.The city's legislative positions, as further defined below, are
established and advocated for in accordance with the procedures
outlined above. The city's advocacy efforts in support of a legislative
position may include the following resources and activities: position
letters; staff, consultant and council member testimony to
committees and other legislative and regulatory bodies; and
meetings and phone calls with members of legislative and regulatory
agencies.
i.Support -A support position indicates to the corresponding
legislature, regulatory agencies, and other stakeholders, that
the City of Carlsbad is in favor of the legislation in question.
ii.Support if Amended -A support if amended position
indicates to the corresponding legislature, regulatory
agencies, and other stakeholders, that the City of Carlsbad is
in favor of the legislation in question, if the requested
changes are adopted.
iii.Neutral -A neutral position indicates to the corresponding
legislature, regulatory agencies, and other stakeholders, that
the City of Carlsbad is impartial on the legislation in question
and does not wish to take a position.
iv.Oppose-An oppose position indicates to the corresponding
legislature, regulatory agency, and other stakeholders that
the City of Carlsbad is against the legislation in question.
v.Oppose Unless Amended -An oppose unless amended
position indicates to the corresponding legislature,
regulatory agencies, and other stakeholders, that the City of
Carlsbad is against the legislation in question, unless the
requested changes are adopted.
vi.Watch -A watch position indicates to the corresponding
legislature, regulatory agencies, and other stakeholders, that
the City of Carlsbad is dedicating resources to monitor the
legislation in question.
4.The Intergovernmental Affairs Director will provide the City Council with
a monthly update on the progress of high priority bills and other
intergovernmental matters.
March 16, 2021 Item #8 Page 8 of 58
RESOLUTION NO. 2021-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE CITY OF CARLSBAD 2021 LEGISLATIVE
PLATFORM
WHEREAS, on April 19, 1994, the City Council issued City Council Policy No. 39 to establish the
guidelines of the City's legislative program; and
WHEREAS, City Council Policy No. 39 calls for the city to adopt a legislative platform expressing
the city's general legislative concerns; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution No. 2019-137, authorizing the
formation of a standing City Council Legislative Subcommittee; and
WHEREAS, Resolution No. 2019-137 established the duties of the City Council Legislative
Subcommittee to include conducting an annual review of the City of Carlsbad Legislative Platform and
recommending amendments to the City Council; and
WHEREAS, the City Council Legislative Subcommittee has reviewed the City of Carlsbad 2020
Legislative Platform and recommends the amendments presented in Attachment A -City of Carlsbad
2021 Legislative Platform.
NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
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1.That the above recitations are true and correct.
2.That the City Council approves the City of Carlsbad 2021 Legislative Platform as shown
in Attachment A.
March 16, 2021 Item #8 Page 9 of 58
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16th day of March, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackqurn, Acosta, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
-��Y:7)-o-fv-,
BARBARA ENGLESON, City Clerk
(SEAL)
March 16, 2021 Item #8 Page 10 of 58
Attachment A
CITY OF CARLSBAD
2021 LEGISLATIVE PLATFORM
The Legislative Platform provides a foundation for the City of Carlsbad's
Intergovernmental Affairs Program and enables the city to efficiently and effectively
address intergovernmental and legislative matters affecting the city. The purpose of this
Legislative Platform is to clearly express the city's position on, and provide a basis for
prioritizing and acting upon, a broad range of intergovernmental and legislative matters
that may impact the city's ability to operate effectively.
The City Council has identified the Guiding Principles, Legislative Priorities and Position
Statements comprising this Legislative Platform to guide the city's advocacy efforts. The
city's legislative positions are organized under a framework modeled after the League of
California Cities's Summary of Existing Policy and Guiding Principles. The Legislative
Platform will be reviewed annually by the City Council Legislative Subcommittee and
amended as needed by the City Council.
Contents
• Guiding Principles
•2021 Legislative Priorities•2021 Legislative Platform: Position Statements
1.Community ServicesArts, Cultural Resources, Historic Preservation
and Education Child Care
Park Bond Funds Public Parks/Recreational Facilities
Public Libraries
Seniors Healthy Cities
2.Environmental Quality
Climate Change
California Environmental Quality Act (CEQA)
Hazardous Materials
Solid Waste, Recycling and Diversion
Utilities
Coastal Issues
3. Water
General Principles
Water Conservation
Water Recycling
Water Quality
Water Storage & Conveyance Systems
New Technology
Financial Considerations
4.Governance, Transparency and Labor Relations
Labor Relations
Workers' Compensation
Governance and Ethics
Elected Officials
5. Housing, Community and Economic Development
Planning and Zoning
Housing
Subdivision Map Act
Economic Development
6. Public Safety
Fire Services
Emergency Services and Preparedness
Low Enforcement
Drugs and Alcohol
Homelessness
Miscellaneous
7.Revenue and Taxation
State Mandates
8. Transportation, Communication and Public Works
Transportation
Public Works
Contracts
Telecommunications
March 16, 2021 Item #8 Page 11 of 58
Guiding Principles
I_. Preserve Local Control -The city supports the broadest authority for our citizens and
the City Council to make decisions and provide public services locally. As cities are
voluntarily created by the residents of a community to provide local self-government
and to make decisions at the local level to best meet the needs of the community, the
city opposes preemption of local control.
II.Maintain Fiscal Responsibility -The city supports legislative and budget measures
that protect and enhance its existing funding sources, revenue base and control over
local government budgeting. The city opposes efforts to shift local funds to the county,
state or federal governments, diminish its revenue base or impose new mandates that
are unfunded or inadequately funded.
Ill. Protect Quality of Life -The city supports legislative and budget actions that
preserve the safety, security and well-being of our residents, businesses and visitors.
The city opposes efforts that would negatively impact the infrastructure, public safety,
community development, community services and environmental. programs that
support city efforts to maintain and enhance the quality of life in Carlsbad.
2021 Legislative Priorities
1.COVID-19 Pandemic -Economic Relief and Recovery
2.Economic Revitalization
3.Housing and Homelessness
4.Mobility
5.Public Health and Safety
6.Sustainability
2021 Legislative Platform: Position Statements
. 1. Community Services
Arts, Cultural Resources, Historic Preservation and Education
{a) Support funding and legislation that supports the arts, culture, historic
preservation & education.
Child Care
(a)Support measures that reduce regulatory complexities and the burden of
insurance costs for child care providers.
(b)Support funding for the construction, renovation and maintenance of child
care facilities.
2 March 16, 2021 Item #8 Page 12 of 58
(c)Support the provision of reasonable tax incentives for employers who offer
child care services.
(d)Support legislation that restores local control over child care services in
areas such as licensure, staffing, education and training.
Park Bond Funds
(a)Support statewide park bond measures that include a component that
provides per capita grants to cities and counties.
{b) Oppose statewide park bond measures that tie local eligibility for grant
funds to non-park related issues, such as rent control or housing element
status.
Public Parks/Recreational Facilities
(a)Support funding for community park facilities, open space, and recreation
programs.
(b)Support legislation that preserves the ability to implement integrated
pest management practices, a science-based, decision-making process
that combines biological, physical and chemical tools in a way that
achieves pest control objectives while minimizing economic, health, and
environmental risk.
(c)Support legislation requiring public pools to provide Automated External
Defibrillators (AEDs) during pool operations.
Public Libraries
(a)Support funding for local public libraries and the State Library.
(b)Oppose Internet filtering laws that apply to publicly funded libraries.
(c)Support legislation that preserves library patron privacy.
(d)Support legislation that preserves net neutrality.
Seniors
(a)Support legislation that fosters independence of older Californians.
Healthy Cities
(a)Support legislation that recognizes and prevents adverse impacts affecting
public health and the welfare of citizens, and particularly minors.
{b) Support initiatives that encourage cities to help parents make healthy
family choices; create healthy schools; provide access to healthy and
3 March 16, 2021 Item #8 Page 13 of 58
affordable foods; and adopt city design and planning principles that
promote physical activity.
(c)Support initiatives that encourage cities to involve youth, especially middle
and high school students, with city health-related programs.
(d)Support initiatives that encourage cities to address the needs of an aging
population through local and statewide planning, edu.cation and
programming.
(e)Support legislation that preserves the authority of local agencies to
establish their own rules and regulations pertaining to community
recreational activities.
(f)Support funding for local communities attempting to address the needs of
migrant workers.
2.Environmental Quality
(a)Support legislation that complements the city's Environmental and
Sustainability Guiding Principles.
(b)Support funding and legislation to improve and protect recreational water
quality from contamination, support effective habitat management
practices, and create and maintain public open space.
(c)Support funding and legislation that facilitates and protects local control
of habitat management planning, maintenance and administration.
Climate Change
(a)Support funding and legislation that promotes market penetration and
infrastructure expansion for electric and alternative fuel vehicles.
(b)Support tunding and legislation that facilitates actions to mitigate the
sources of greenhouse gas emissions.
(c)Support legislation that reduces the amount of ozone depleting
compounds discharged into the atmosphere.
(d)Support funding and legislation that promotes the use and purchase of
clean alternative energy through the development of renewable energy
resources and waste-to-energy technologies.
4 March 16, 2021 Item #8 Page 14 of 58
California Environmental Quality Act {CEQA)
(a)Support legislation that either requires citizen initiatives to comply with
CEQA before being placed on the ballot or exempting from this
requirement a City Council initiated ballot measure dealing with the same
subject matter on the same ballot.
(b)Support legislation that streamlines federal and state environmental
review processes and limits court reviews of environmental
documentation.
Hazardous Materials
(a)Support efforts for the proper and cost-effective disposal of solid,
hazardous and medical waste.
(b)Oppose legislation that makes local municipalities financially responsible
for the removal, abatement or mitigation of hazardous materials.
(c)Support funding and legislation that addresses concerns regarding the safe
handling and storage of nuclear waste generated at the decommissioned
. San Onofre Nuclear Generating Station, particularly as it relates to the
vulnerability to damage from seismic activity, landslides, tsunamis and sea
level rise.
Solid Waste, Recycling and Diversion
(a)Support legislation that preserves the ability of local governments to
regulate solid waste and recyclable materials.
(b)Support measures that promote procurement and market development of
recyclable and recycled materials.
(c)Support legislation that promotes source reduction measures.
(d)Oppose legislation regulating "flow control" of solid waste materials.
(e)Support measures that promote the recycling and reclaiming of natural
resources, including water, timber, oil, gas minerals and earth metals.
(f)Support measures that would make low-interest loans and grants available
to local agencies for programs that encourage the recycling and reclaiming
of resources.
(g)Support measures that would reduce the use of single-use plastics and
Styrofoam packaging and prevent these materials from entering the waste
stream, including public education and community partnership initiatives.
5 March 16, 2021 Item #8 Page 15 of 58
(h)Support legislation that facilitates development of local and regional
recycling and composting facilities.
Utilities
(a)Support legislation that establishes regulatory and market mechanisms to
maximize the state's energy self-sufficiency and security.
(b)Support legislation that establishes regulatory and market mechanisms
that promote competition and reasonable, justifiable energy 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 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's 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 energy metering.
(i)·Support legislation that provides funding to increase energy efficiency,
improve reliability and reduce peak demand, including for renewable
energy generation and storage projects and demand-side management
programs.
(j)Support legislation that minimizes adverse environmental impacts of the
state's and the region's energy use.
(k)Support funding and legislation that promotes the development of
alternative 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
6 March 16, 2021 Item #8 Page 16 of 58
the report required by the California Coastal Commission under the
Warren-Alquist Act.
(m)Support legislation that protects competitive neutrality, procurement
autonomy, ratepayer affordability, reliability, decarbonization and social
equity initiatives of community choice aggregation.
(n)Support legislation that establishes rules under which Public Safety Power
Shutoff events can be undertaken.
Coastal Issues
(a)Support measures that provide funding for urban waterfront restoration
and enhancement.
(b)Support legislation that wou Id aid the restoration, preservation and
enhancement of beachfront property, sand, bluffs, access, public
infrastructure and parking.·
{c) Support measures that would preserve and extend the authority of cities
over land use regulations concerning the placement of onshore facilities
which service offshore oil drilling.
(d)Support legislation that requires the double hulling of oil tankers.
(e)Support legislation that promotes aquatic research, education and
aquaculture.
(f)Oppose any new offshore oil and gas leasing, drilling and exploration in all
State of California and U.S. waters in the Pacific Ocean.
(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.
(h)Support legislation to allow cities to issue all coastal development permits
within their jurisdiction consistent with a previously certified coastal plan.
(i)Support legislation that allocates state and federal funds for the
construction of facilities to capture and treat the flow of raw sewage
entering San Diego from Tijuana.
7 March 16, 2021 Item #8 Page 17 of 58
3. Water
General Principles
(a)Support measures that provide for the equitable allotment and
distribution of preferential water rights.
(b)Support legislation that protects and improves the reliability,
affordability, self-sufficiency, quality and security of local and imported
water supplies.
(c)Support legislation that ensures the San Diego County Water Authority
and its member agencies receive the water supply benefits of their
investment in local water supply sources.
(d)Support legislation that provides for the development of a
comprehensive state water plan that balances California's water needs
and results in a reliable and affordable supply of high quality water for
the San Diego Region.
(e)Support legislation that supports regional projects through Integrated
Regional Water Management Planning.
(f)Support legislation that streamlines environmental review processes for
water and wastewater infrastructure projects and provides exemptions
for emergency activities when the continued delivery of safe and clean
water is threatened.
Water Conservation
(a)Support measures that will encourage water conservation practices by all
water consumers.
(b)Support measures that ensure conservation credit for municipal
investments in water recycling systems and development of alternative
sources.
(c)Support legislation that promotes water conservation and water use
efficiency while preserving district and public water rights and the
authority of local agencies.
(d)Support legislation that provides incentives, funding and other assistance
to water agencies so that they can meet state water demand
requirements.
8 March 16, 2021 Item #8 Page 18 of 58
(e)Oppose legislation that imposes water use efficiency criteria for
conservation-based water rates, standards, budget allocations, and
programs that do not recognize local differences, quality impacts, and
existing programs, or that override the authority of local agencies to
adopt management practices that are appropriate for the needs of their
agency.
(f)Support legislation that provides flexibility in complying with drought
regulations, and recognizes variations among communities with respect
to their ability to withstand the impacts of drought.
Water Recycling
(a)Support measures that promote the production and distribution of
reclaimed water.
Water Quality
(a)Support legislation that protects the quality of drinking water and
supports local agency efforts to meet state and federal water quality
standards based upon sound scientific principles.
(b)Support legislation that incorporates sound scientific based water quality
requirements for wastewater discharge into surface water and
groundwater to safeguard public health and protect beneficial uses.
(c)Support legislation that implements source control and protects
reservoirs, lakes, and coastal waters.
{d) Support legislation that enables local agencies to regulate the discharge
of contaminants into the sewer collection system based on discharge
permit requirements, detrimental effects on infrastructure, and adverse
effects on recycling and reuse.
(e)Support legislation that provides state and federal funds for monitoring,
research and treatment of new and emerging contaminants.
Water Storage & Conveyance Systems
(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.
9 March 16, 2021 Item #8 Page 19 of 58
New Technology_
(a)Support legislation and regulations that encourage the use and
development of alternative water sources, including desalination.
(b)Support funding and legislation that promotes the development of
engineering solutions and alternative uses to eliminate wastewater
treatment ocean discharges.
(c)Support legislation that encourages and provides state and federal
funding for the development of new technology in water use, reuse,
quality monitoring, and treatment.
Financial Considerations
(a)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.
(b)Support legislation that would exempt stormwater and urban runoff
management programs from Proposition 218 requirements.
(c)Support legislation that allows Water Districts to award contracts in
conformity with the provisions of the local City Charter.
(d)Support legislation that provides state and federal funds to local agencies
for programs and projects that provide for the supply, storage, recycling,
reclaiming, reuse and quality improvement of water resources.
(e)Oppose any new tax or fee on water that does not benefit ratepayers.
4.Governance, Transparency, and Labor Relations
Labor Relations
(a)Support legislation that allows cities with civil service/personnel systems
to contract out services to the private sector to save taxpayer dollars.
(b)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.
(c)Support any measure that would reverse the imposition of compulsory and
binding arbitration with respect to public employees.
(d)Oppose any measure that would grant employee benefits that should be
decided at the local bargaining table.
10 March 16, 2021 Item #8 Page 20 of 58
(e)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).
(f)Oppose measures that propose a standard higher than the normal civil
standards in disciplinary proceedings for peace officers.
(g)Support legislation that clarifies existing labor laws concerning whether
an individual is considered an employee rather than an independent
contractor.
(h)Support measures that promote efforts to advance workplace diversity,
equity and inclusion.
(i)Oppose measures that would expand release time for union business.
{j) Oppose measures that would establish confidentiality privileges for union
representatives.
(k)Oppose measures that would require municipalities to pay erroneous
retirement benefits.
(I)Support funding and legislation that helps cities provide employee
support programs, increased personal protective equipment (PPE) and
other programs that promote employee wellness-particularly for
frontline essential workers.
Workers' Compensation
(a)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.
(b)Oppose legislation that increases workers' compensation benefits without
providing for concurrent cost controls.
Governance and Ethics
(a)Oppose legislation or constitutional amendments that weaken or
interfere with the powers of charter cities and diminish local autonomy
or home rule authority.
11 March 16, 2021 Item #8 Page 21 of 58
(b)Support legislation that reduces and provides for recovery of costs,
maintains privacy and eliminates attorney's fees for administering public
records laws.
(c)Support legislation that improves access to, and reduces the cost of,
healthcare for public employees.
(d)Support measures that reform California's tort system to reduce and limit
liability exposure for public agencies and restore the ability of public
agencies to obtain affordable insurance.
(e)Support legislation that recognizes or broadens immunities for public
agencies and oppose legislation that attempts to limit or restrict existing
immunities.
(f)Support legislation that requires plaintiffs to make a good faith showing of
liability prior to filing a lawsuit against a public entity.
Elected Officials
(a)Support legislation that prevents threats to the security of public officials
in their homes by extending or providing protection to elected and
appointed officials from the unauthorized publication of their home
addresses or telephone numbers in newspapers or similar periodicals.
(b)Support legislation requiring both elected local and state officials to
maintain their place of residence in the jurisdiction they were elected to
represent.
5. Housing, Community and Economic Development
Planning and Zoning
(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 are 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.
12 March 16, 2021 Item #8 Page 22 of 58
(d)Oppose legislation or constitutional amendments that would restrict the
power of California cities to use eminent domain for public purpose
projects.
(e)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.
{f) Support legislation that preserves the authority of local agencies to
regulate short-term vacation rentals.
(g)Support legislation that enables local agencies to effectively address issues
concerning public safety and proper management of group homes.
(h)Oppose legislation that would diminish local control to set and assess
development review and building inspection fees.
Housing
(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 Community
Development Block Grant (CDBG) funds for new construction of housing
units.
{f}Support state legislation that strengthens local inclusionary housing
programs.
13 March 16, 2021 Item #8 Page 23 of 58
(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 CDBG program.
(i)Oppose legislation that would give the State financial administrative
responsibilities for the CDBG program.
(j} Support legislation that requires availability of adequate school facilities
contemporaneously with occupancy of housing.
(k)Support measures that would establish a formula-based Regional Housing
Needs Assessment allocation methodology that reflects the unique needs
and practical capacity of local communities.
(I)Oppose measures that diminish local authority to implement growth
management initiatives that ensure communities do not exceed carrying
capacities and the provision of adequate public facilities.
(m)Support measures that would exempt affordable housing projects from
complying with the California Environmental Quality Act.
Subdivision Map Act
(a)Support legislation that would automatically extend approved or
conditionally approved tentative, final and parcel maps under the
Subdivision Map Act during and for a limited time period after a statewide
financial or public health crisis, or other declared State of Emergency.
Economic Development
(a) Support legislation that facilitates economic development efforts and
encourages local business investments, job creation and retention.
(b)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.
(c)Support legislation that wou Id establish new tax i ncrement financing tools.
(d)Support legislation that helps businesses who have had business
interruption insurance claims denied, or otherwise incur unrecoverable
14 March 16, 2021 Item #8 Page 24 of 58
revenue losses resulting from a statewide financial or public health crisis,
or other declared State of Emergency.
{e) Support legislation that protects small businesses from extraordinary
health insurance premium increases being applied during and for a limited
time period after a statewide financial or public health crisis, or other
declared State of Emergency.
(f)Support legislation that would remove impediments to the automatic
extension of local permits during and for a limited time period after a
statewide financial or public health crisis, or other declared State of
Emergency.
(g)Support legislation that provides statewide eviction protections and
funding for rental assistance programs for residential and commercial
tenants and property owners impacted by COVID-19.
6.Public Safety
Fire Services
(a)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.
(b)Oppose legislation that would diminish local control to set and assess fire
inspection fees.
(c)Support legislation that preserves local agencies' ministerial development
review and approval rights, including applicability to accessory dwelling
units.
(d)Oppose legislation that attempts to circumvent code requirements by
statute.
(e)Support legislation that would enhance statewide wildland fire safety
infrastructure.
Emergency Services and Preparedness
(a)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.
15 March 16, 2021 Item #8 Page 25 of 58
(b)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.
(c)Support legislation that would enhance cost recovery or provide funding
for emergency medical services and pre-hospital care.
(d)S�pport legislation that would strengthen community and disaster
preparedness, public health, safety, and resiliency.
(e)Support legislation that provides state and federal emergency funding and
regulatory relief that allows cities to devote the necessary resources and
meet the operational challenges of protecting the public health, safety and
welfare in response to a declared State of Emergency.
Law Enforcement
(a)Support legislation that strengthens local law enforcement.
(b)Support measures that would provide a greater share of seized assets to
localities and increased discretion for local spending.
(c). Support legislation that would allow for the destruction; confiscation, or
extended safekeeping of firearms or other deadly weapons involved in
domestic violence incidents.
(d} Support legislation that strengthens penalties for violent offenders.
(e)Support legislation that would increase accountability and transparency
among law enforcement agencies and personnel.
(f)Support legislation that encourages or mandates police training on implicit
bias and de-escalation techniques.
(g)Support legislation and funding to continue the state Citizens' Option for
Public Safety (COPS) Program and federal Community Oriented Police
Services (COPS}, and to provide funding for local agencies to recoup the
costs of crime and increase community safety.
Drugs & Alcohol
(a)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.
(b)Support legislation that discourages, prevents, and penalizes driving under
the influence of drugs or alcohol.
16 March 16, 2021 Item #8 Page 26 of 58
(c)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.
(d)Support legislation that would provide funding for addiction rehabilitation
treatment.
(e)Support any measure that protects children and youth from exposure to
tobacco, second hand smoke and tobacco-related products.
(f)Support legislation that preserves local control over medical and adult-use
cannabis businesses, and enhances and . protects maximum local
regulatory, land use, and enforcement authority in relation to such
businesses.
Homelessness
(a)Support funding and legislation that provides resources, including enriched
referral services, and outreach and case managers to help ensure local
governments have the capacity to address the needs of persons experiencing
homelessness in their communities, including resources for regional
collaborations.
(b)Support measures that provide resources to address the mental health needs
of persons experiencing homelessness.
Miscellaneous
{a) Support legislation that would assist local safety agencies in regionalization
of activities such as training, crime labs, specialty responses such as
hazardous materials and technical rescue, and other appropriate
functions.
(b)Support legislation that provides financial assistance to local agencies for
Homeland Security.
(c) Support the enactment of legislation to prevent gun violence.
(d)Support measures to expand and fund mental health and social-emotional
health services; including the provision of such services and safety
education in schools.
(e)Support measures to provide resources to develop school safety
guidelines, conduct comprehensive school safety audits and maintain
continued vigilance and monitoring of safety matters in schools.
17 March 16, 2021 Item #8 Page 27 of 58
(f} Support legislation to eliminate restrictions on the collection and
compiling of data related to violence perpetrated with firearms, including
research into the causes and consequences of gun violence.
(g)Support measures to provide funding to support 911 communication
centers.
(h)Support measures to provide funding to support the San Diego Law
Enforcement Coordination Center, a collaborative partnership among
federal, state and local law enforcement/public safety agencies focused �n
enhancing coordination, information sharin·g, regional preparedness,
training and investigative support/analysis for first responders and other
public and private partners in the region.
7.Revenue and Taxation
{a) Support legislation that assists cities to enforce and collect local taxes.
(b)Support measures that protect the fiscal independence of cities and
safeguard existing revenue sources from preemption by any other public
agency
(c)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.
{d}Support legislation that makes funds to support public facilities (i.e.,
facilities, open space) more available to local municipalities.
(e)Oppose legislation that attempts to eliminate the "pay first and litigate
later" provisions of law and oppose any bill that proposes to reduce or
eliminate the obligation of any online travel agency to pay transient
occupancy taxes under state or local law.
(f} 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.
{g) Oppose federal measures which remove the deduction of all state and
local taxes for federal income tax purposes.
18 March 16, 2021 Item #8 Page 28 of 58
{h) Support measures that implement basic structural changes in state
government that result in state budget expenditures being brought into
balance with state revenues.
(i)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.
(j)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.
{k) Support measures to reinstate flexibility in the administration of Article
XIII-B (The Gann Initiative), which establishes an annual appropriations
limit on the state and most local governments.
(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
improvemen·ts.
(m)Oppose legislation that shifts state and 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 measures that propose significant economic changes without the
completion of a balanced, comprehensive economic analysis.
(q)Support funding and legislation that provides direct financial support
to cities to offset cost increases and lost revenues caused by the
COVID-19 pandemic.
(r)Support legislation that promotes regional collaboration on COVID-19
response efforts, including funding to support local businesses.
State Mandates
(a)Support legislation that would eliminate unfunded state and federal
mandates or would require timely reimbursement to cities.
19 March 16, 2021 Item #8 Page 29 of 58
(b)Oppose measures that would impose mandates for which there is no
guarantee of local reimbursement or offsetting benefits, or would shift the
cost of government services to cities.
(c)Oppose legislation that creates surcharges for state oversight of state
mandated programs.
8.Transportation, Communication and Public Works
Transportation
(a)Support measures that would increase the ability of local agencies to
finance local and regional transportation facilities and improvements,
including alternative modes of transportation and transportation demand
management systems and transportation systems management initiatives.
(b)Support legislation that provides for effective and efficient transportation
alternatives.
(c)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.
(d)Encourage and support double tracking of the rail corridor within the City
limits in a manner that:
1.Improves public safety access and response times.
2.Eliminates or reduces existing at-grade rail crossings within the rail
corridor.
3.Improves local, regional, and coastal access for all travel modes (bike,
pedestrian, vehicle, transit).
4.Minimizes impacts to neighborhoods.
5.Maximizes community and neighborhood connections.
6.Protects and/or improves the economic vibrancy of surrounding
neighborhoods and the city.
7.Protects and/or enhances environmental resources.
(e)Oppose legislation that diminishes local control over the regulation and
deployment of micro-mobility solutions.
(f} Oppose measures that would result in the consolidation of the North
County Transit District and Metropolitan Transit System.
(g)Support measures that protect residents, businesses and visitors from the
adverse impacts of aircraft operating at McClellan-Palomar Airport.
20 March 16, 2021 Item #8 Page 30 of 58
(h)Oppose changes in aviation policies that would allow McClellan-Palomar
Airport to expand without authorization from the city,
(i)Support legislative and regulatory initiatives to study and mitigate the
noise and air quality impacts associated with air traffic overflights.
(j)Support measures that would increase local control over airports located
within municipal boundaries.
Public Works
. (a) 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.
(b)Support funding and legislation that supports utilities undergrounding.
Contracts
(a)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.
(b)Oppose measures that would eliminate state licensing requirements for
professionals involved in designing public and private developments.
(c)Support measures that would clarify the roles and responsibilities of public
agency officers and employees as related to the prohibition on entering
into or participating in making contracts in which they have a financial
interest.
Telecommunications
(a)Support legislation and regulations of telecommunications facilities and
services that:
1.Maintain local control over the public right-of-way.
2.Provide just compensation for the use of right-of-way 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.
21 March 16, 2021 Item #8 Page 31 of 58
7.Enhance community access to fast, reliable, affordable and high
quality internet, which can spur innovation and help close the digital
divide in California.
8.Support net neutrality to prevent internet service providers from
blocking, throttling, degrading, or providing for paid prioritization of
lawful content, applications, or services.
(b)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.
(c)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.
22 March 16, 2021 Item #8 Page 32 of 58
Exhibit 3
Policy No. 39
Date Issued
Resolution No.
Subject: Intergovernmental Affairs Program
Purpose
To establish the guidelines of the city's intergovernmental affairs program.
Background
The city's intergovernmental affairs program enables the city to efficiently and
effectively address intergovernmental and legislative matters affecting the city. By
establishing a standing City Council Legislative Subcommittee and an
Intergovernmental Affairs Director position, the city recently enhanced its capacity to
monitor, analyze and respond to a steadily increasing stream of new legislation and
an increasingly complex network of relationships existing among governmental
agencies at the federal, state and local level. This policy establishes an appropriate
and flexible intergovernmental affairs program for the City of Carlsbad.
Statement of policy
1.It shall be the policy of the City of Carlsbad to actively monitor and
advocate for legislation and other intergovernmental matters affecting the
city as directed by the City Council to protect the city's �nterests and local
legislative authority.
2.The city will maintain an ongoing membership in the League of California
Cities, which serves to promote the unified position of municipalities in San
Diego County and throughout California to the state and federal legislature.
3.The City Council will adopt a Legislative Platform that clearly expresses
the city's position on, and provides a basis for prioritizing and acting
upon, a broad range of intergovernmental and legislative matters.
•The Legislative Platform will be reviewed annually by the
City Council Legislative Subcommittee and amended as
needed by the City Council.
4.The City Council will adopt Legislative Priorities to guide the city's
advocacy efforts during the state's biennial legislative session.
•The Legislative Priorities will be reviewed annually by the
City Council Legislative Subcommittee and amended as
needed by the City Council.
5.The City Council Legislative Subcommittee will work in coordination with
the Intergovernmental Affairs Director, City Manager's Office, City
Attorney's Office, city departments, legislative consultants and the
Carlsbad community to:
March 16, 2021 Item #8 Page 33 of 58
City Council Policy Statement No. 39
March 16, 2021
Page 2
a.Receive information and advise the City Council on
intergovernmental and legislative matters affecting the city;
b.Continuously monitor state and federal proposed legislation,
and:
i.Review proposed legislation for consistency with the
Legislative Platform;
ii.Make recommendations to the City Council to identify
high priority bills; and
iii.Make recommendations to the City Council to adopt
advocacy positions on high priority bills not
addressed by the Legislative Platform;
c.Proactively seek to identify local and regional legislative
needs and recommend bill sponsorship opportunities to
the City Council; and
d.Engage and inform the Carlsbad community (residents,
businesses, stakeholder groups) and other governmental agencies
on intergovernmental and legislative matters affecting the city.
6.Only the Mayor or the Mayor's designee may sign a letter on behalf of the
city or the city's subsidiary entities, to oppose or support legislation, or
otherwise advocate in support or opposition of intergovernmental
matters.
7.Only the City Council may authorize a letter to be sent on behalf of the city
or the city's subsidiary entities to oppose or support legislation not clearly
addressed by the Legislative Platform.
Procedure
1.The city will utilize the League of California Cities' Summary of Existing
Policy and Guiding Principles as an organizational framework for
structuring the city's Legislative Platform.
2.The City Council Legislative Subcommittee will review the Legislative
Platform annually, and will recommend amendments to the City
Council for adoption, as needed.
3.The Intergovernmental Affairs Director will monitor the League of California
Cities' CA Cities Advocate, Action Alerts and other informational resources,
and will engage the City Attorney's Office, city departments, city boards,
committees and commissions, legislative consultants, federal, state and
local governmental agencies, affiliated professional associations and the
Carlsbad community to identify and inform the City Council Legislative
Subcommittee on emerging and ongoing legislative trends, proposed
legislation and other intergovernmental matters having a direct and
significant impact on the city's fiscal, operational and environmental health,
and the overall quality of life enjoyed by Carlsbad residents and other
stakeholders.
March 16, 2021 Item #8 Page 34 of 58
City Council Policy Statement No. 39
March 16, 2021
Page 3
a.The City Council Legislative Subcommittee will consider emerging
and ongoing legislative trends and proposed legislation in reviewing
the city's Legislative Priorities annually, and will recommend
amendments to the City Council for adoption, as needed.
b.The Intergovernmental Affairs Director will identify and inform the
City Council Legislative Subcommittee on proposed legislation and
other intergovernmental matters that may have a direct and
significant impact on the city's fiscal, operational and environmental
health, and the overall quality of life enjoyed by Carlsbad residents
and other stakeholders.
i.If the City Council Legislative Subcommittee deems such to
be a potential high priority bill or other intergovernmental
matter clearly consistent or inconsistent with the Legislative
Platform, the City Manager and Intergovernmental Affairs
Director sh al I be authorized to request, and the Mayor or
the Mayor's designee shall be authorized to take
appropriate action in support or opposition.
ii.If the City Council Legislative Subcommittee deems such to
be a potential high priority bill or other intergovernmental
matter not clearly consistent or inconsistent with the
Legislative Platform, the City Council Legislative
Subcommittee will develop and present a recommended
advocacy position to the City Council for consideration.
iii.In cases when the City Council Legislative Subcommittee
cannot reach a decision as to whether a proposed piece of
legislation should be deemed a high priority bill, or whether
it is consistent or inconsistent with the Legislative Platform,
the matter will be referred to the City Council to make such
determination.
iv.As the State Legislature nears the end of the legislative
session each year, hundreds of bills are often amended and
passed over the course of only a few days. In cases when a
late-breaking bill amendment is determined by the City
Manager to have a potentially significant beneficial or
detrimental effect on the city; and when such amendment is
scheduled to be heard by the Legislature before it can be
reviewed by the City Council Legislative Subcommittee or City
Council, as may otherwise be required; the City Manager and
Intergovernmental Affairs Director shall be authorized, in
coordination with the Mayor, to take appropriate action in
support or opposition of the proposed amendment,
consistent with a position taken by the League of California
Cities or another affiliated professional association.
March 16, 2021 Item #8 Page 35 of 58
City Council Policy Statement No. 39
March 16, 2021
Page 4
C.The city's legislative positions, as further defined below, are
established and advocated for in accordance with the procedures
outlined above. The city's advocacy efforts in support of a legislative
position may include the following resources and activities: position
letters; staff, consultant and council member testimony to
committees and other legislative and regulatory bodies; an'd
meetings and phone calls with members of legislative and regulatory
agencies.
i.Support -A support position indicates to the corresponding
legislature, regulatory agencies, and other stakeholders, that
the City of Carlsbad is in favor of the legislation in question.
ii.Support if Amended -A support if amended position
indicates to the corresponding legislature, regulatory
agencies, and other stakeholders, that the City of Carlsbad is
in favor of the legislation in question, if the requested
changes are adopted.
iii.Neutral -A neutral position indicates to the corresponding
legislature, regulatory agencies, and other stakeholders. that
the City of Carlsbad is impartial on the legislation in question
and does not wish to take a position.
iv.Oppose -An oppose pos ition indicates to the corresponding
legislature, regulatory agency, and other stakeholders that
the City of Carlsbad is against the legislation in question.
v.Oppose Unless Amended -An oppose unless amended
position indicates to the corresponding legislature,
regulatory agencies, and other stakeholders, that the City of
Carlsbad is against the legislation in question, unless the
requested changes are adopted.
vi.Watch -A watch position indicates to the corresponding
legislature. regulatory agencies, and other stakeholders, that
the City of Carlsbad is dedicating resources to monitor the
legislation in question.
4.The Intergovernmental Affairs Director will provide the City Council with
a monthly update on the progress of high priority bills and other
intergovernmental matters.
March 16, 2021 Item #8 Page 36 of 58
Exhibit 4
CITY OF CARLSBAD
20210 LEGISLATIVE PLATFORM
The Legislative Platform provides a foundation for the City of Carlsbad's
Intergovernmental Affairs Program and enables the city to efficiently and effectively
address intergovernmental and legislative matters affecting the city. The purpose of this
Legislative Platform is to clearly expresse5 the city's position on, and provide a basis for
prioritizing and acting upon, a broad range of intergovernmental and legislative matters
that may impact the city's ability to operate effectively.
The City Council has identified the following Guiding Principles, Legislative Priorities and
Position Statements comprising this Legislative Platform to guide the city's advocacy
. efforts. The city's legislative positions are organized under a framework modeled after
the League of California Cities's Summary of Exis ting Policy and Guiding Principles. The
Legislative Platform will be reviewed annually by the City Council Legislative
Subcommittee and amended as needed by the City Council.
Contents
•Guiding Principles
•2021 Legislative Priorities
•2021 Legislative Platform: Position Statements
1.Community Services
Arts, Cultural Resources, Historic Preservation
and Education
Child Care
Park Band Funds
Public Parks/Recreational Facilities
Public Libraries
Seniors
Healthy Cities
2.Environmental Quality
Climate Change
California Environmental Quality Act (CEQA/
Hazardous Materials
Solid Waste, Recycling and Diversion
Utilities
Coastal Issues
3.Water
General Principles
Water Conservation
Water Recycling
Water Quality
Water Storage & Conveyance Systems
New Technology
Financial Considerations
4.Governance, Transparency and Labor Relations
Labor Relations
Workers' Compensation
Governance and Ethics
Elected Officials
5. Housing, Community and Economic Development
Planning and Zoning
Housing
Subdivision Map Act
Economic Development
6.Public Safety
Fire Services
Emergency Services and Preparedness
Law Enforcement
Drugs and Alcahol
Homelessness
Miscellaneous
7.Revenue and Taxation
State Mandates
8.Transportation, Communication and Public Works
Transportation
Public Works
Contracts
Telecommunications
March 16, 2021 Item #8 Page 37 of 58
Exhibit 4
Guiding Principles
I.Preserve Local Control -The city supports the broadest authority for our citizens and
the City Council to make decisions and provide public services locally. As cities are
·voluntarily created by the residents of a community to provide local self-government
and to make decisions at the local level to best meet the needs of the community, the
city opposes preemption of local control.
II.Maintain Fiscal Responsibility-The city supports legislative and budget measures
that protect and enhance its existing funding sources, revenue base and control over
local government budgeting. The city opposes efforts to shift local funds to the county,
state or federal governments, diminish its revenue base or impose new mandates that
are unfunded or inadequately funded.
Ill. Protect Quality of Life -The city supports legislative and budget actions that
preserve the safety, security and well-being of our residents, businesses and visitors.
The city opposes efforts that would negatively impact the infrastructure, public safety,
community development, community services and environmental programs that
support city efforts to maintain and enhance the quality of life in Carlsbad.
202!0 Legislative Priorities
1.COVID-19 Pandemic -Economic Relief and Recovery
2.Economic Revitalization
J�-Housing and Homelessness1�-Mobility
,24. Public Health and Safety
�-Sustainability
202!0 Legislative Platform: Position Statements
1.Community Services
Arts, Cultural Resources, Historic Preservation and Education
{a) Support funding and legislation that supports the arts, culture, historic
preservation & education.
Child Care
(a)Support measures that reduce regulatory complexities and the burden of
insurance costs for child care providers.
(b)Support funding for the construction, renovation and maintenance of chi Id
care facilities.
March 16, 2021 Item #8 Page 38 of 58
(c)Support the provision of reasonable tax incentives for employers who offer
child care services.
(d)Support legislation that restores local control over child care services in
areas such as licensure, staffing, education and training.
Park Bond Funds
(a)Support statewide park bond measures that include a component that
provides per capita grants to cities and counties.
(b)Oppose statewide park bond measures that tie local eligibility for grant
funds to non-park related issues, such as rent control or housing element
status.
Public Parks/Recreational Facilities
(a)Support funding for community park facilities, open space, and recreation
programs.
(b)Support legislation that preserves the ability to implement integrated
pest management practices, a science-based, decision-making process
that combines biological, physical and chemical tools in a way that
achieves pest control objectives while minimizing economic, health, and
environmental risk.
fb-}(c) Support legislation requiring public pools to provide Automated External
Defibrillators (AEDs) during pool operations.
Public Libraries
(a)Support funding for local public libraries and the State Library.
(b)Oppose Internet filtering laws that apply to publicly funded libraries.
(c)Support legislation that preserves library patron privacy.
(d)Support legislation that preserves net neutrality.
Seniors
(a)Support legislation that fosters independence of older Californians.
Healthy Cities
{a) Support legislation that recognizes and prevents adverse impacts affecting
public health and the welfare of citizens, and particularly minors.
(b)Support initiatives that encourage cities to help parents make healthy
family choices; create healthy schools; provide access to healthy and
3 March 16, 2021 Item #8 Page 39 of 58
(c}
( d)
affordable foods; and adopt city design and planning principles that
promote physical activity.
Support initiatives that encourage cities to involve youth, especially middle
and high school students, with city health-related programs.
Support initiatives that encourage cities to address the needs of an aging
population through local and statewide planning, education and
programming.
fa}(e) Support legislation that preserves the authority of local agencies to
establish their own rules and regulations pertaining to community
recreational activities.
(b)Support funding and legislation that assists local communities in
addressiRg problems associated with recent legal and illegal immigrants to
the United States, in areas such as housing, health services, education and
employment.
(fc} Support funding for local communities attempting to address the needs of
migrant workers.
2.Environmental Quality
(a)· Support legislation that complements the city's Environmental and
Sustainability Guiding Principles.
(b)Support funding and legislation to improve and protect recreational water
quality from contamination, support effective habitat management
practices. and create and maintain public open space.
(c)Support funding and legislation that facilitates and protects local control
of habitat management planning, maintenance and administration.
Climate Change
(a)Support funding and legislation that promotes market penetration and
infrastructure expansion e.f..for electric and alternative fuel vehicles.
(b)Support funding and legislation that facilitates actions to mitigate the
sources of greenhouse gas emissions .
..... {c ..... ) __ Support legislation that reduces the amount of ozone depleting
compounds discharged into the atmosphere.
4 March 16, 2021 Item #8 Page 40 of 58
fe}(d) Support funding and legislation that promotes the use and purchase of
clean alternative energy through the development of renewable energy
resources and waste-to-energy technologies.
California Environmental Quality Act (CEQA)
(a)Support legislation that either requires citizen initiatives to comply with
CEQA before being placed on the ballot or exempting from this
requirement a City Council initiated ballot measure dealing with the same
subject matter on the same ballot.
{b) Support legislation that streamlines federal and state environmental
review processes and limits court reviews of environmental
documentation.
Hazardous Materials
(a)Support efforts for the proper and cost-effective disposal of solid,
hazardous and medical waste.
(b)Oppose legislation that makes local municipalities financially responsible
for the removal, abatement or mitigation of hazardous materials.
( c)Support funding and legislation that addresses concerns regarding the safe
handling and storage of nuclear waste generated at the decommissioned
San Onofre Nuclear Generating Station, particularly as it relates to the
vulnerability to damage from seismic activity, landslides, tsunamis and sea
level rise.
Solid Waste, Recycling and Diversion
(a)Support legislation that preserves the ability of local governments to
regulate solid waste and recyclable materials.
(b)Support measures that promote procurement and market development of
recyclable and recycled materials.
{c) Support legislation that promotes source reduction measures.
{d) Oppose legislation regulating "flow control" of solid waste materials.
(e)Support measures that promote the recycling and reclaiming of natural
resources, including water, timber, oil, gas minerals and earth metals.
(f)Support measures that would make low-interest loans and grants available
to local agencies for programs that encourage the recycling and reclaiming
of resources.
5 March 16, 2021 Item #8 Page 41 of 58
(g)Support measures that would reduce the use of single-use plastics and
Styrofoam packaging and prevent these materials from entering the waste
stream, including public education and community partnership initiatives.
(h)Support legislation that facilitates development of local and regional
recycling and composting facilities.
Utilities
(a)Support legislation that establishes regulatory and market mechanisms to
maximize the state's energy self-sufficiency and security.
(b)Support legislation that establishes regulatory and market mechanisms
that promote competition and reasonable, justifiable energy prices.
(c)Support legislation that aggressively pursues refunds ta consumers for
rates that have been determined to be unjust or unreasonable.
(d} Support legislation that 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's 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 energy metering.
fi) Support legislation that provides funding to increase energy efficiency,
improve reliability and reduce peak demand, including for renewable
energy generation and storage projects and demand-side management
programs.
(j)Support legislation that minimizes adverse environmental impacts of the
state's and the region's energy use.
(k)Support funding and legislation that promotes the development of
alternative energy sources.
6 March 16, 2021 Item #8 Page 42 of 58
(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.
(m)Support legislation that protects competitive neutrality, procurement
autonomy, ratepayer affordability, reliability, decarbonization and social
equity initiatives of community choice aggregation.
(n)Support legislation that establishes rules under which Public Safety Power
Shutoff events can be undertaken.
Coastal Issues
(a)Support measures that 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, public
infrastructure and parking.
(c)Support measures that would preserve and extend the authority of cities
over land use regulations concerning the placement of onshore facilities
which service offshore oil drilling.
(d)Support legislation that requires the double hulling of oil tankers.
(e)Support legislation that promotes aquatic research, education and
aquaculture.
(f)Oppose any new offshore oil and gas leasing, drilling and exploration in all
State of California and U.S. waters in the Pacific Ocean.
(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.
(h)Support legislation to allow cities to issue all coastal development permits
within their jurisdiction consistent with a previously certified coastal plan.
(i)Support legislation that allocates state and federal funds for the
construction of facilities to capture and treat the flow of raw sewage
entering San Diego from Tijuana.
7 March 16, 2021 Item #8 Page 43 of 58
3.Water
General Principles
(a)Support measures that provide for the equitable allotment and
distribution of preferential water rights.
(b)Support legislation that protects and improves the reliability,
affordability, self-sufficiency, quality and security of local and imported
water supplies.
(c)Support legislation that ensures the San Diego County Water Authority
and its member agencies receive the water supply benefits of their
investment in local water supply sources.
(d)Support legislation that provides for the development of a
comprehensive state water plan that balances California's water needs
and results in a reliable and affordable supply of high quality water for
the San Diego Region.
(e)Support legislation that supports regional projects through Integrated
Regional Water Management Planning.
(f} Support legislation that streamlines environmental review processes for
water and wastewater infrastructure projects and provides exemptions
for emergency activities when the continued delivery of safe and clean
water is threatened.
Water Conservation
(a)Support measures that will encourage water conservation practices by all
water consumers.
(b)Support measures that ensure conservation credit for municipal
investments in water recycling systems and development of alternative
sources.
(c)Support legislation that promotes water conservation and water use
efficiency while preserving district and public water rights and the
authority of local agencies.
(d)Support legislation that provides incentives, funding and other assistance
to water agencies so that they can meet state water demand
requirements.
8 March 16, 2021 Item #8 Page 44 of 58
(e)Oppose legislation that imposes water use efficiency criteria for
conservation-based water rates, standards, budget allocations, and
programs that do not recognize local differences, quality impacts, and
existing programs, or that override the authority of local agencies to
adopt management practices that are appropriate for the needs of their
agency.
(f)Support legislation that provides flexibility in complying with drought
regulations, and recognizes variations among communities with respect
to their ability to withstand the impacts of drought.
Water Recycling
(a)Support measures that promote the production and distribution of
reclaimed water.
Water Quality
(a)Support legislation that protects the quality of drinking water and
supports local agency efforts to meet state and federal water quality
standards based upon sound scientific principles.
(b)Support legislation that incorporates sound scientific based water quality
requirements for wastewater discharge into surface water and
groundwater to safeguard public health and protect beneficial uses.
(c)Support legislation that implements source control and protects
reservoirs, lakes, and coastal waters.
(d)Support legislation that enables local agencies to regulate the discharge
of contaminants into the sewer collection system based on discharge
permit requirements, detrimental effects on infrastructure, and adverse
effects on recycling and reuse.
(e)Support legislation that provides state and federal funds for monitoring,
research and treatment of new and emerging contaminants.
Water Storage & Conveyance Systems
(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.
9 March 16, 2021 Item #8 Page 45 of 58
New Technology
(a)Support legislation and regulations that encourage the use and
development of alternative water sources, including desalination.
(b)Support funding and legislation that promotes the development of
engineering solutions and alternative uses to eliminate wastewater
treatment ocean discharges.
(c)Support legislation that encourages and provides state and federal
funding for the development of new technology in water use, reuse,
quality monitoring, and treatment.
Financial Considerations
(a)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.
(b)Support legislation that would exempt stormwater and urban runoff
management programs from Proposition 218 requirements.
(c)Support legislation that allows Water Districts to award contracts in
conformity with the provisions of the local City Charter.
(d)Support legislation that provides state and federal funds to local agencies
for programs and projects that provide for the supply, storage, recycling,
reclaiming, reuse and quality improvement of water resources.
(e)Oppose any new tax or fee on water that does not benefit ratepayers.
4.Governance, Transparency, and Labor Relations
Labor Relations
(a)Support legislation that allows cities with civil service/personnel systems
to contract out services to the private sector to save taxpayer dollars.
(b)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.
(c)Support any measure that would reverse the imposition of compulsory and
binding arbitration with respect to public employees.
(d)Oppose any measure that would grant employee benefits that should be
decided at the local bargaining table.
10 March 16, 2021 Item #8 Page 46 of 58
(e)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).
(f)Oppose measures that propose a standard higher than the normal civil
standards in disciplinary proceedings for peace officers.
(g} . Support legislation that clarifies (repeals?) existing labor laws concerning
whether an individual is considered an employee rather than an
independent contractor.
(h)Support measures that promote efforts to advance workplace diversity,
equity and inclusion.
(i)Oppose measures that would expand release time for union business.
(j)Oppose measures that would establish confidentiality privileges for union
representatives.
(k)Oppose measures that would require municipalities to pay erroneous
retirement benefits.
fkt(I) Support funding and legislation that helps cities provide employee
support programs, increased personal protective equipment (PPE) and
other programs that promote employee wellness-particularly for
frontline essential workers.
Workers' Compensation
(a)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.
(b} Oppose legislation that increases workers' compensation benefits without
providing for concurrent cost controls.
Governance and Ethics
(a)Oppose legislation or constitutional amendments that weaken or
interfere with the powers of charter cities and diminish local autonomy
or home rule authority.
11 March 16, 2021 Item #8 Page 47 of 58
(b)Support legislation that reduces and provides for recovery of costs,
maintains privacy and eliminates attorney's fees for administering public
records laws.
(c)Support legislation that improves access to, and reduces the cost of,
healthcare for public employees.
(d)Support measures that reform California's tort system to reduce and limit
liability exposure for public agencies and restore the ability of public
agencies to obtain affordable insurance.
(e)Support legislation that recognizes or broadens immunities for public
agencies and oppose legislation that attempts to limit or restrict existing
immunities.
(f)Support legislation that requires plaintiffs to make a good faith showing of
liability prior to filing a lawsuit against a public entity.
Elected Officials
(a)Support legislation that prevents threats to the security of public officials
in their homes by extending or providing protection to elected and
appointed officials from the unauthorized publication of their home
addresses or telephone numbers in newspapers or similar periodicals.
fg}(b) Support legislation requiring both elected local and state officials to
maintain their place of residence in the jurisdiction they were elected to
represent.
5.Housing, Community and Economic Development
Planning and Zoning
(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 are consiste_nt 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.
12 March 16, 2021 Item #8 Page 48 of 58
(d)Oppose legislation or constitutional amendments that would restrict the
power of California cities to use eminent domain for public purpose
projects.
(e)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.
(f)Support legislation that preserves the authority of local agencies to
regulate short-term vacation rentals.
(g)Support legislation that enables local agencies to effectively address issues
concerning public safety and proper management of group homes.
(h)Oppose legislation that would diminish local control to set and assess
development review and building inspection fees.
Housing
(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 Community
Development Block Grant (CDBG) funds for new construction of housing
units.
(f)Support state legislation that strengthens local inclusionary housing
programs.
. 13 March 16, 2021 Item #8 Page 49 of 58
(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 CDBG program.
(i)Oppose legislation that would give the State financial administrative
responsibilities for the CDBG program.
(j)Support legislation that requires availability of adequate school facilities
contemporaneously with occupancy of housing.
(k)Support measures that would establish a formula-based Regional Housing
Needs Assessment allocation methodology that reflects the unique needs
and practical capacity of local communities.
(I)Oppose measures that diminish local authority to implement growth
management initiatives that ensure communities do not exceed carrying
capacities and the provision of adequate public facilities.
(m)Support measures that would exempt affordable housing projects from
complying with the California Environmental Quality Act.
Subdivision Map Act
(a)Support legislation that would automatically extend approved or
conditionally approved tentative, final and parcel maps under the
Subdivision Map Act during and for a limited time period after a statewide
financial or public health crisis, or other declared State of Emergency.
Economic Development
(a)Support legislation that facilitates economic development efforts and
encourages businesses to locate or remain in Californialocal business
investments, job creation and retention.
(b)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.
(c)Support legislation that would establish new tax increment financing tools.
(d)Support legislation that helps businesses who have had business
interruption insurance claims denied, or otherwise incur unrecoverable
14 March 16, 2021 Item #8 Page 50 of 58
(e)
revenue losses resulting from a statewide financial or public health crisis,
or other declared State of Emergency.
Support legislation that protects small businesses from extraordinary
health insurance premium increases being applied during and for a limited
time period after a statewide financial or public health crisis, or other
declared State of Emergency .
.L.:(f..._) _ _;Support legislation that would remove impediments to the automatic
extension of local permits during and for a limited time period after a
statewide financial or public health crisis, or other declared State of
Emergency.
tf}(g) Support legislation that provides statewide eviction protections and
funding for rental assistance programs for residential and commercial
tenants and property owners impacted by COVID-19.
6.Public Safety
Fire Services
(a)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.
(b)Oppose legislation that would diminish local control to set and assess fire
inspection fees.
(c)Support legislation that preserves local agencies' ministerial development
review and approval rights, including applicability to accessory dwelling
units.
(d)Oppose legislation that attempts to circumvent code requirements by
statute.
(e)Support legislation that would enhance statewide wildland fire safety
i nfrastru ctu re.
Emergency Services and Preparedness
(a)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.
15 March 16, 2021 Item #8 Page 51 of 58
(b)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.
(c)Support legislation that would enhance cost recovery or provide funding
for emergency medical services and pre-hospital care.
{d) Support legislation that would strengthen community and disaster
preparedness, public health, safety, and resiliency.
(e)Support legislation that provides state and federal emergency funding and
regulatory relief that allows cities to devote the necessary resources and
meet the operational challenges of protecting the public health, safety and
welfare in response to a declared State of Emergency.
Law Enforcement
(a)Support legislation that strengthens local law enforcement.
(b)Support measures that would provide a greater share of seized assets to
localities and increased discretion for local spending.
(c)Support legislation that would allow for the destruction, confiscation, or
extended safekeeping of firearms or other deadly weapons involved in
domestic violence incidents.
(d)Support legislation that strengthens penalties for violent repeat drug and
propert>; crime offenders.
(e)Support legislation that would increase accountability and transparency
among law enforcement agencies and personnel.
(f)Support legislation that encourages or mandates police training on implicit
bias and de-escalation techniques.
tf}(g) Support legislation and funding to continue the state Citizens' Option for
Public Safety (COPS) Program and federal Community Oriented Police
Services (COPS), and to provide funding for local agencies to recoup the
costs of crime and increase community safety.
Drugs & Alcohol
(a)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.
16 March 16, 2021 Item #8 Page 52 of 58
(b)Support legislation that discourages, prevents, and penalizes driving under
the influence of drugs or alcohol.
(c)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.
(d)Support legislation that would provide funding for addiction rehabilitation
treatment.
(e)Support any measure that protects children and youth from exposure to
tobacco, second hand smoke and tobacco-related products.
(f)Support legislation that preserves local control over medical and adult-use
cannabis businesses, and enhances and protects maximum local
regulatory, land use, and enforcement authority in relation to such
businesses.
Homelessness
(a)Support funding and legislation that provides resources, including enriched
referral services, and outreach and case managers to help ensure local
governments have the capacity to address the needs of persons experiencing
homelessness in their communities, including resources for regional
collaborations.resources for local agencies to provide referral services for
persons experiencing homelessness.
(b)Support measures that provide resources to address the mental health needs
of persons experiencing homelessness.
Miscellaneous
(a} Support legislation that would assist local safety agencies in regionalization
of activities such as training, crime labs, specialty responses such as
hazardous materials and technical rescue, and other appropriate
functions.
(b)
(b}
(c)
Support legislation to increase the number of border patrol agents at the
International Border.
Support legislation that provides financial assistance to local agencies for
Homeland Security.
Support the enactment of legislation to prevent gun violence.
17 March 16, 2021 Item #8 Page 53 of 58
(d)Support measures to expand and fund mental health and social-emotional
health services; including the provision of such services and safety
education in schools.
(e)Support measures to provide resources to develop school safety
guidelines, conduct comprehensive school safety audits and maintain
continued vigilance and monitoring of safety matters in schools.
(f)Support legislation to eliminate restrictions on the collection and
compiling of data related to violence perpetrated with firearms, including
research into the causes and consequences of gun violence.
(g)Support measures to provide funding to support 911 communication
centers.
(h)Support measures to provide funding to support the San Diego Law
Enforcement Coordination Center, a collaborative partnership among
federal, state and local law enforcement/public safety agencies focused on
enhancing coordination, information sharing, regional preparedness,
training and investigative support/analysis for first responders and other
public and private partners in the region.
7.Revenue and Taxation
{a) Support legislation that assists cities to enforce and collect local taxes.
{b) Support measures that protect the fiscal independence of cities and
safeguard existing revenue sources from preemption by any other public
agency
{c) 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.
{d) Support legislation that makes funds to support public facilities (i.e.,
facilities, open space) more available to local municipalities.
{e) Oppose legislation that attempts to eliminate the "pay first and litigate
later" provisions of law and oppose any bill that proposes to reduce or
eliminate the obligation of any online travel agency to pay transient
occupancy taxes under state or local law.
18 March 16, 2021 Item #8 Page 54 of 58
(f)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.
(g)Oppose federal measures which remove the deduction of all state and
local taxes for federal income tax purposes.
(h)Support measures that implement basic structural changes in state
government that result in state budget expenditures being brought into
balance with state revenues.
(i)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.
(j)Support legislation that would provide greater accouniability on the part
of counties for the distribution of funds back to municipalities, including,
but not limited to, fines and forfeitures.
(k)Support measures to reinstate flexibility in the administration of Article
XIII-B (The Gann Initiative), which establishes an annual appropriations
limit on the state and most local governments.
(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 and county criminal justice costs to
cities.
(n)
(o)
(p)
(q)
Oppose the use of the federal gas tax for federal debt reduction.
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.
Oppose measures that propose significant economic changes without the
completion of a balanced, comprehensive economic analysis.
Support funding and legislation that provides direct financial support
to cities to offset cost increases and lost revenues caused by the
COVID-19 pandemic.
19 March 16, 2021 Item #8 Page 55 of 58
{-f}t(r) Support legislation that promotes regional collaboration on COVID-19
response efforts, including funding to support local businesses.
State Mandates
(a)Support legislation that would eliminate unfunded state and federal
mandates or would require timely reimbursement to cities.
(b)Oppose measures that would impose mandates for which there is no
guarantee of local reimbursement or offsetting benefits, or would shift the
cost of government services to cities.
(c)Oppose legislation that creates surcharges for state oversight of state
mandated programs.
8.Transportation, Communication and Public Works
Transportation
(a)Support measures that would increase the ability of local agencies to
finance local and regional transportation facilities and improvements,
including alternative modes of transportation and transportation demand
management systems and transportation systems management initiatives.
(b)Support legislation that provides for effective and efficient transportation
alternatives.
(c)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.
(d)Encourage and support double tracking of the rail corridor within the City
limits in a manner that:
1.Improves public safety access and response times.
2.Eliminates or reduces existing at-grade rail crossings within the rail
corridor.
3.Improves local, regional, and coastal access for all travel modes (bike,
pedestrian, vehicle, transit).
4.Minimizes impacts to neighborhoods.
5.Maximizes community and neighborhood connections.
6.Protects and/or improves the economic vibrancy of surrounding
neighborhoods and the city.
7.Protects and/or enhances environmental resources.
20 March 16, 2021 Item #8 Page 56 of 58
(e)Oppose legislation that diminishes local control over the regulation and
deployment of micro-mobility solutions.
(f)Oppose measures that would result in the consolidation of the North
County Transit District and Metropolitan Transit System.
(g)Support measures that protect residents, businesses and visitors from the
adverse impacts of aircraft operating at McClellan-Palomar Airport.
(h)Oppose changes in aviation policies that would allow McClellan-Palomar
Airport to expand without authorization from the city.
{i) Support legislative and regulatory initiatives to �tudy and mitigate the
noise and air quality impacts associated with air traffic overflights.
U)Support measures that would increase local control over airports located
within municipal boundaries.
Public Works
(a)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.
(b} Support funding and legislation that supports utilities undergrounding.
Contracts
(a)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.
(b)Oppose measures that would eliminate state licensing requirements for
professionals involved in designing public and private developments.
(c)Support measures that would clarify the roles and responsibilities of public
agency officers and employees as related to the prohibition on entering
into or participating in making contracts in which they have a financial
interest.
Telecommunications
(a)Support legislation and regulations of telecommunications facilities and
services that:
1.Maintain local control over the public right-of-way.
2.Provide just compensation for the use of right-of-way and overseeing
public service standards.
21 March 16, 2021 Item #8 Page 57 of 58
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.
7.Enhance community access to fast, reliable, affordable and high
quality internet, which can spur innovation and help close the digital
divide in California.
8.Support net neutrality to prevent internet service providers from
blocking, throttling, degrading, or providing for paid prioritization of
lawful content, applications, or services.
(b)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.
(c)Oppose any measure or legislation that prevents local franchising of cable
television or video services, regardless of the technology used to deliver
the cable televi$ion or video services to the subscriber.
22 March 16, 2021 Item #8 Page 58 of 58
City of Carlsbad
City Council Meeting
Sharon Gonsalves, Director of Government Affairs, Renne Public Policy Group
Dane Hutchings, Managing Director, Renne Public Policy Group
March 16, 2021
3/19/2021Renne Public Policy Group │ www.publicpolicygroup.com
RPPG
Renne Public Po licy Group
A f)J-vi8ion uf RP.m~ P1,•iJJic f n·N G,nupe
Agenda
Renne Public Policy Group │ www.publicpolicygroup.com
•Carlsbad’s RPPG Team
•Recap of RPPG/Carlsbad “Deep Dive” Meeting •Top Policy and Funding Priorities
•Snapshot: Legislature’s Priorities / Process •Key Dates
•Governor’s Key Budget Takeaways •Legislative and Budget Timing
•Legislative Priority: •COVID Relief and Recovery•Economic Revitalization•Housing and Homelessness
•Discussion/Questions
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RPPG: Team Snapshot
Renne Public Policy Group │ www.publicpolicygroup.com
Dane Hutchings Dan Carrigg Itzel Becerra
Sharon Gonsalves
( City of
Carlsbad
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Recap of RPPG/Carlsbad “Deep Dive” Meeting
Renne Public Policy Group │ www.publicpolicygroup.com
What is a “Deep Dive” meeting?
•Goal is to assess the most pressing policy and potential funding
priorities for the City Moving into 2021.
•Triage the most important issues to elevate to the City’s attention.
Deep Dive Meetings were held January 28 and 29, 2021 with all key
department heads.
PREPARED
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Snapshot: Legislature’s Priorities / Process
Renne Public Policy Group │ www.publicpolicygroup.com
Priorities
•COVID-19 Response/Recovery (Lifting existing restrictions)
•Expanding protections for essential workers and low-income Californians
•Increased housing production, density, streamlining
•Economic development for CA businesses (including funding, tax credits, deferrals
etc.)
•Wildfire protection and response
Process
•More of the same (e.g., remote committee hearings, majority of Capitol staff
working remotely, hearings modified to adhere to social distancing guidelines).
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Legislative Process: Key Dates
Renne Public Policy Group │ www.publicpolicygroup.com
Critical Dates to Know (Some dates subject to change due to
COVID-19)
•February 19: Last day for bills to be introduced
•March 25: Spring Recess begins upon adjournment
•June 4: House of Origin Deadline
•June 15: FY 21/22 Budget must be adopted
•July 16-August 16: Legislative Summer Recess
•Sept. 10: Last day for all measures to be passed
•October 10: Last day for Governor to sign/ veto legislation
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Governor’s Budget Proposal “Key Takeaways” +
Next Steps
Renne Public Policy Group │ www.publicpolicygroup.com
Governor’s FY21-22 budget proposal reflects the states ongoing battle with the COVID-19
pandemic (response, protection, economic recovery). Key areas include:
•COVID-19 Eviction Protection (Residential and Commercial protections until June 30).
•COVID-19 Increased testing and Vaccine Distribution
•Economic Relief to Californians most effected by the pandemic
•Housing and Homelessness Funding (including new compliance taskforce)
•Emergency Response and Preparedness (OES, Wildfire response etc.)
Next Steps Budget Process
•Various budget subcommittees to review Governor’s initial budget proposal
•Governor’s May Revise (based on updated economic forecasting, typically second
week of May).
•Additional budget subcommittees to finalize FY 21-22 Budget
•June 15 (midnight) Governor has until June 30 to sign the budget
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Legislative Priority: COVID Relief and Recovery
Renne Public Policy Group │ www.publicpolicygroup.com
Federal COVID Relief Package
President Biden signed the $1.9 trillion package on March 11, 2021 with a projected federal
allocation for Carlsbad:$13,376,373
The City of Carlsbad will be able to use these funds for revenue loss due to COVID-19 and
allows for these funds for necessary infrastructure investments like water,sewer,and
broadband infrastructure.
State COVID Relief
SB 95 (Skinner) -This budget bill provides COVID-19 supplemental paid sick leave to eligible
employees who work for a company of more than 25 employees. This bill will sunset on
September 30th, 2021.
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Legislative Priority: COVID Relief and Recovery
Renne Public Policy Group │ www.publicpolicygroup.com
State COVID Relief Package
•$600 stimulus checks for 5.7 million Californians making $30,000 or less per year.
•$2 billion in grants for small businesses and nonprofits that can assist with employee expenses,
rent, and cost associated with COVID-19 compliance.
•$35 million for food banks and diapers and $42 million for financial assistance to agricultural
workers who have to quarantine due to COVID-19.
•Fee relief for barber and cosmetology businesses.
•Fee relief for two year to restaurants and bars that have experienced economic impacts due to the
COVID-19 pandemic.
•$400 million for childcare providers.
•$100 million in financial aid for low-income community college students who are carrying six or
more units.
•Almost $6 million in support for CalFresh to assist university and community college students
facing food insecurity.RPPG
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Legislative Priority: Economic Revitalization
Renne Public Policy Group │ www.publicpolicygroup.com
SB 696 (Allen)Enhanced infrastructure financing districts:Establishing an
infrastructure district accelerator framework which enables enhanced
infrastructure financing districts,as public investment authorities,to facilitate the
mission of such districts,pursuant to Section 53398.59 of the Government Code,is
key to achieving community revitalization and inclusive regional growth and
competitiveness through the installation of public uses.In support of these efforts,
the state may be invited and may voluntarily participate in effectuating the
objectives of the district.
SB 780 (Cortese)This bill would provide improvements to the functioning and
usefulness of Enhanced Infrastructure Financing Districts (EIFDs)and Community
Revitalization and Investment Authorities (CRIAs),Special Tax Districts that are used
by local governments, especially after the elimination of Redevelopment Agencies
(RDAs),to fund community infrastructure projects through tax increment public
financing.
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Legislative Priority: Housing and Homelessness
Renne Public Policy Group │ www.publicpolicygroup.com
SB 9 (Atkins)-This bill would require a local government to ministerially approve a housing
development containing two residential units in single-family residential zones.Additionally, this
measure would require local governments to ministerially approve urban lot splits.This bill was
set to be heard in the Senate Housing Committee on March 18 but was pulled from the agenda
at the request of the author.
SB 10 (Wiener)-Permits a local government to pass an ordinance to zone any parcel for up to
10 units of residential density per parcel,at a height specified in the ordinance,if the parcel is
located in a transit-rich area,a job-rich area,or an urban infill sit.Requires HCD to determine
jobs-rich areas and publish a map of those areas every 5 years,commencing January 1,2023.
Waives CEQA for purpose of these developments.This bill will be heard on March 18 in the
Senate Housing Committee.
SB 55 (Stern)–This bill would prohibit the creation or approval of a new development,as
defined,in a very high fire hazard severity zone or a state responsibility area.This bill has been
referred to the Senate Governance and Finance Committee.
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Legislative Priority : Housing and Homelessness
Renne Public Policy Group │ www.publicpolicygroup.com
AB 571 (Mayes)-This bill would prohibit a local agency from imposing a housing impact requirement
adopted by the local agency on a housing development project,unless specified requirements are
satisfied by the local agency,including that the housing impact requirement be roughly proportional in
both nature and extent to the impact created by the housing development project.
AB 1372 (Muratsuchi) –This bill would require a local government to provide every person that is
homeless with temporary shelter,mental health treatment, resources for job placement,and job training.
This bill would require a local government to provide a rent subsidy is temporary shelter is not available
and authorize a person who is homeless to enforce the bill by bringing a civil action.This bill has been
referred to the Assembly Housing and Community Development Committee.
ACA 1 (Aguiar-Curry)-This measure would create an additional exception to the 1%limit that would
authorize a city,county,city and county, or special district to levy an ad valorem tax to service bonded
indebtedness incurred to fund the construction,reconstruction,rehabilitation,or replacement of public
infrastructure, affordable housing,or permanent supportive housing,or the acquisition or lease of real
property for those purposes,if the proposition proposing that tax is approved by 55%of the voters of the
city, county,or city and county,as applicable,and the proposition includes specified accountability
requirements.
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Renne Public Policy Group │ www.publicpolicygroup.com
Discussion/ Questions
Thank You!
{city of
Carlsbad
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