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HomeMy WebLinkAbout2022-01-11; City Council; ; 2022 Legislative Platform and Legislative Program UpdateMeeting Date: Jan. 11, 2022 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: 2022 Legislative Platform and Legislative Program Update Districts: All Recommended Action •Adopt a resolution approving the City of Carlsbad 2022 Legislative Platform •Direct staff to advocate for two city-sponsored state legislative proposals and funding •Receive a presentation on state legislative and budget activity and recent and ongoing advocacy efforts and provide feedback to staff Executive Summary This item proposes amendments to the city’s legislative platform, as recommended by the City Council Legislative Subcommittee, for adoption by the City Council. The subcommittee’s recommendations that the city sponsor two proposed pieces of legislation, both dealing with ocean lifeguards, and advocate for certain state budget appropriations are also presented for the City Council’s consideration and direction to staff. This item will also include a presentation on state legislative and budget activity and the city’s advocacy efforts. Discussion City of Carlsbad 2022 Legislative Platform City Council Policy No. 39 - Intergovernmental Affairs Program established 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. The policy calls for the city to adopt a legislative platform expressing the city’s general legislative concerns. The City Council Legislative Subcommittee was established by the City Council in 2019. Its duties include conducting an annual review of the city’s legislative platform and recommending amendments to the City Council, as needed. As part of the annual review of the platform, the city’s legislative consultant, Renne Public Policy Group, and staff met with each department to review the platform and brought changes to the subcommittee for consideration. The subcommittee reviewed the staff-recommended changes and offered its own changes to the City of Carlsbad 2021 Legislative Platform. The changes have been incorporated into the Jan. 11, 2022 Item #13 Page 1 of 85 proposed City of Carlsbad 2022 Legislative Platform (Exhibit 2), which the subcommittee recommends the City Council approve. State budget requests Based upon input provided by staff and the city’s legislative consultants, the subcommittee identified the following projects as having the greatest need and likelihood of receiving state funding support: • Carlsbad Village railroad trench • Coastline Park planning and development • El Camino Real widening projects • Fire Station 7 • Homeless services programs • Regional beach sand replenishment • Interstate 5-adjacent traffic signal synchronization • Veterans Park construction For 2022, the subcommittee recommends that the City Council direct staff to engage Carlsbad’s state representatives to determine which of the above projects they most support and then tailor the city’s request for pursuing a state budget allocation. These projects are offered as part of a multiyear effort that will be dependent on not only the city’s priorities but also on the state’s funding priorities and budget surplus. State legislative proposals The subcommittee also recommended that the City Council direct staff to pursue two legislative proposals during the 2022 legislative session, including laws that would: 1. Allow lifeguards certified by the United States Lifesaving Association (i.e., ocean lifeguards) to perform lifeguard services at public pools (Exhibit 3). 2. Clarify the requirements for operating city-owned ocean rescue vessels (Exhibit 4). The local and regional needs addressed by these proposals, the problems that exist under current law, and the proposed legislative remedies for each proposal are outlined in Exhibits 3 and 4. Renne Public Policy Group - 2021 end of year report In January 2021, the City Manager executed a contract with Renne Public Law Group LLP, doing business as the Renne Public Policy Group, or RPPG, to provide 2021 state lobbyist and government relations services for the amount of $72,000. Over the past year, RPPG has worked closely with city staff and the Legislative Subcommittee, providing detailed information, analysis and advocacy on state and federal legislative and budget proposals of interest to the city. RPPG’s 2021 End of Year Report (Exhibit 5) provides an overview of the services provided to the City of Carlsbad during the 2021 legislative year, insights into the 2022 legislative session and a summary of state grant opportunities. Fiscal Analysis This item has no fiscal impact. Jan. 11, 2022 Item #13 Page 2 of 85 Next Steps The adopted City of Carlsbad 2022 Legislative Platform will guide staff, the subcommittee and the city’s legislative consultants in addressing various intergovernmental and legislative matters that may impact the city. Upon City Council direction, staff, members of the subcommittee and the city’s legislative consultants will pursue the city’s priority state legislative proposals and budget requests. Environmental Evaluation 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. Public Notification This item was noticed 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 2. Proposed amendments to City of Carlsbad 2021 Legislative Platform (revisions highlighted) 3. Legislative proposal - Lifeguard certification 4. Legislative proposal - Lifeguard rescue vessel speed limit exemption 5. Renne Public Policy Group - 2021 End of Year Report Jan. 11, 2022 Item #13 Page 3 of 85 MATT HALL; Ma or AVIONMEDINA,\City Clerk Services Manager (SEAL) 0,,,c.,0"C `A"4/1/4,,, evr. Exhibit 1 RESOLUTION NO. 2022-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CITY OF CARLSBAD 2022 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 Legislative Platform and recommends the amendments presented in Attachment A — City of Carlsbad 2022 Legislative Platform. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Council approves the City of Carlsbad 2022 Legislative Platform as shown in Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of January 2022, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: None. ABSENT: None. Jan. 11, 2022 Item #13 Page 4 of 85 Attachment A CITY OF CARLSBAD 2022 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 and its communities. 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' 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 •2022 Legislative Priorities •2022 Legislative Platform: Position Statements 1.Community Services Arts, 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 S. 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 Alcohol Homelessness Miscellaneous 7.Revenue and Taxation State Mandates 8.Transportation, Communication and Public Works Transportation Public Works Contracts Telecommunications Jan. 11, 2022 Item #13 Page 5 of 85 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 diverse 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. III.Protect Quality of Life — The city supports state legislation and funding that preserve the safety, security, cultural resources and well-being of our residents, workers, businesses and visitors. The city opposes efforts that would negatively impact the infrastructure, public health and safety, community development, equitable community services, cultural integrity and environmental programs and other city efforts to maintain and enhance the quality of life in Carlsbad. 2022 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 2022 Legislative Platform: Position Statements 1. Community Services Arts, Cultural Resources, Historic Preservation and Education (a) Support funding and legislation that support local arts and culture, acknowledges the community's history and current conditions and recognizes the need for preservation and 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 Jan. 11, 2022 Item #13 Page 6 of 85 (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. (d)Support legislation that allows lifeguards certified by the United States Lifesaving Association to perform lifeguard services at public pools. Public Libraries (a)Support increased and sustainable 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. 3 Jan. 11, 2022 Item #13 Page 7 of 85 Healthy Cities (a)Support legislation that recognizes and prevents adverse impacts affecting public health and the welfare of all residents, visitors and workers, and especially the young. (b)Support initiatives that encourage cities to help parents make healthy family choices; create healthy schools; provide access to healthy and 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, including those promoting mental and psychological well-being. (d)Support initiatives that encourage cities to address the needs of an aging population through local and statewide planning, education 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 funding and legislation that facilitates energy efficiency practices and actions to mitigate the sources of greenhouse gas emissions. 4 Jan. 11, 2022 Item #13 Page 8 of 85 (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. 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, sustainability and re- use 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. 5 Jan. 11, 2022 Item #13 Page 9 of 85 (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. (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 with programs to support low-income groups. (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 distribution) 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 preserves and protects net energy metering to continue incentivizing investments in rooftop solar energy systems. (i)Support legislation that provides funding to increase energy efficiency, improve reliability and reduce peak demand, including for renewable 6 Jan. 11, 2022 Item #13 Page 10 of 85 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 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 promote and provide funding for the restoration, preservation and enhancement of beaches, beachfront property and bluffs, including local and regional sand replenishment efforts, as well as coastal 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 decommissioning of existing offshore oil drilling and pipeline infrastructure in all State of California and U.S. waters off the California coast. 7 Jan. 11, 2022 Item #13 Page 11 of 85 (h)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. (i)Support legislation to allow cities to issue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan. (j)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. (k)Support legislation that provides direction to the California Coastal Commission through changes to the Coastal Act that would allow for construction of seawalls or other shoreline protection devices for existing structures, as defined by a local jurisdiction's Local Coastal Program and up to the date of adoption of amendments to the Local Coastal Program. (I) Oppose legislation that would backdate the consideration date of existing structures to only those that existed prior to establishment of the Coastal Act (January 1, 1977). 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. 8 Jan. 11, 2022 Item #13 Page 12 of 85 (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. (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. 9 Jan. 11, 2022 Item #13 Page 13 of 85 (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 and 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. New Technology (a)Support legislation and regulations that encourage the use and development of alternative water sources. (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. 10 Jan. 11, 2022 Item #13 Page 14 of 85 (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. (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 recruitment efforts and educational practices to advance and retain workplace diversity, equity and inclusion. 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. 11 Jan. 11, 2022 Item #13 Page 15 of 85 (I) Support funding and legislation that helps cities provide employee support programs, increased personal protective equipment (PPE) and other programs that promote employee overall wellness—particularly for underrepresented and 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. (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, including part-time and seasonal workers. (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. 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. 12 Jan. 11, 2022 Item #13 Page 16 of 85 (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. (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, including proposals to require the presence of on-site managers and/or security personnel at all times, while being mindful of group home residents' potential vulnerabilities. (h)Oppose legislation that would diminish local control to set and assess development review and building inspection fees. 13 Jan. 11, 2022 Item #13 Page 17 of 85 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, persons with disabilities, and low-income persons. (b)Support expansion of tax credit and bond opportunities for affordable housing. (c)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. (d)Support legislation that would provide additional funding for rental subsidy assistance programs (such as the Housing Choice Voucher Program, the federally funded rental subsidy program for low-income households) via more sustainable vouchers or certificates. (e)Support repeal of Article 34 (Public Housing Project Law) of the California Constitution, which requires local voter approval of housing projects that are intended for low-income people and that receive funding or assistance from the federal and/or state government. (f)Support legislation that allows entitlement cities to use Community Development Block Grant (CDBG) funds for new construction of housing units. (g)Support state legislation that strengthens local inclusionary housing programs For lower-income residents. (h)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. (I) 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. (k) Support legislation that requires availability of adequate school facilities contemporaneously with occupancy of housing. 14 Jan. 11, 2022 Item #13 Page 18 of 85 (I) 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. (m)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. (n)Support measures that would exempt affordable housing projects from complying with the California Environmental Quality Act while continuing to mitigate residents' potential exposure to health and safety hazards. (o)Oppose legislation that would expand the Coastal Commission's authority over state and local housing policy, which would result in administrative inefficiencies and policy conflicts. (p)Support legislation that modifies existing housing laws to remove inconsistencies and improve clarity in application. (a) Support housing legislation that would allow density increases to satisfy the state's "no net loss" requirements, when the increases occur concurrent with or prior to a density reduction. (r)Support legislation that more equitably applies rent control laws to various types of rental housing, such as condominiums. (s)Support legislation that prohibits property owners who are awarded tax credit financed projects from charging Section 8 Housing Choice Voucher clients a higher rent than the rent charged to non-Section 8 Housing Choice Voucher clients. 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)Support legislation that would establish new tax increment financing tools. 15 Jan. 11, 2022 Item #13 Page 19 of 85 (c)Support legislation that helps businesses who have had business interruption insurance claims denied, or otherwise incur unrecoverable revenue losses resulting from a statewide financial or public health crisis, or other declared State of Emergency. (d)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. (e)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. (f)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 16 Jan. 11, 2022 Item #13 Page 20 of 85 medical instructions and/or treatment as a part of their public safety dispatch system. (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 awareness of and access to resources concerning 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. (f) Support legislation that clarifies the requirements for operating city- owned ocean rescue watercraft. Law Enforcement (a)Support legislation that strengthens a diverse 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. (1) Support legislation that encourages or mandates police training to include mental health awareness, implicit and explicit 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. 17 Jan. 11, 2022 Item #13 Page 21 of 85 Drugs and 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. (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- and nicotine-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. (c)Preserve local control by increasing funding opportunities for housing programs/projects that suggest, rather than require, compliance with the Housing First model. (d)Support legislation that creates streamlined protocols and metrics to be used by homeless service providers and local agencies, providing more accurate statistics of individuals experiencing homelessness, including in-flow and out- flow information, cost-reporting of services rendered, and individuals successfully housed. 18 Jan. 11, 2022 Item #13 Page 22 of 85 (e)Support measures that facilitate regional and city-driven solutions to address homelessness through crisis response, mental evaluation, and homeless outreach teams. (f)Support the expansion of conservatorship laws allowing for increased guardianship control and health supervision of those suffering from mental illness and recognizing mental illness and addiction as contributors to chronic 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. (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. 19 Jan. 11, 2022 Item #13 Page 23 of 85 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., buildings, roads, utilities, 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. (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. 20 Jan. 11, 2022 Item #13 Page 24 of 85 (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)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. (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. 21 Jan. 11, 2022 Item #13 Page 25 of 85 (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. (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. 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. 22 Jan. 11, 2022 Item #13 Page 26 of 85 (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, equitable 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 access for all community members 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. 23 Jan. 11, 2022 Item #13 Page 27 of 85 Exhibit 2 Proposed revisions to 2021 Legislative Platform CITY OF CARLSBAD 20221 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 and its communities. 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’ 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 Services Arts, 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 Law Enforcement Drugs and Alcohol Homelessness Miscellaneous 7. Revenue and Taxation State Mandates 8. Transportation, Communication and Public Works Transportation Public Works Contracts Telecommunications Jan. 11, 2022 Item #13 Page 28 of 85 2 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 diverse 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. III. Protect Quality of Life — The city supports state legislation and funding legislative and budget actions that preserve the safety, security, cultural resources and well-being of our residents, workers, businesses and visitors. The city opposes efforts that would negatively impact the infrastructure, public health and safety, community development, equitable community services, cultural integrity and environmental programs that supportand other 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 local arts, and culture, acknowledgesment of the community’s historyical origins and current conditions and recognizes the need for preservation and& education. Child Care (a) Support measures that reduce regulatory complexities and the burden of insurance costs for child carechild care providers. Jan. 11, 2022 Item #13 Page 29 of 85 3 (b) Support funding for the construction, renovation and maintenance of child care facilities. (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. (c)(d) Support legislation that allows lifeguards certified by the United States Lifesaving Association to perform lifeguard services at public pools. Public Libraries (a) Support increased and sustainable 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. Jan. 11, 2022 Item #13 Page 30 of 85 4 Healthy Cities (a) Support legislation that recognizes and prevents adverse impacts affecting public health and the welfare of all residents, visitors citizens, particularly minors, and workers, and especially the young and particularly minors. (b) Support initiatives that encourage cities to help parents make healthy family choices; create healthy schools; provide access to healthy and 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, to including those promoting e mental and psychological well-being. (d) Support initiatives that encourage cities to address the needs of an aging population through local and statewide planning, education 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. Jan. 11, 2022 Item #13 Page 31 of 85 5 (b) Support funding and legislation that facilitates energy efficiency practices and 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. 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, sustainability and re- use measures. (d) Oppose legislation regulating "flow control" of solid waste materials. Jan. 11, 2022 Item #13 Page 32 of 85 6 (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. (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 with programs to support low-income groups. (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 distributionnatural 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 preserves and protects net energy metering to continue incentivizing investments in rooftop solar energy systems. Jan. 11, 2022 Item #13 Page 33 of 85 7 (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. (l) 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 facilitatepromote and provide funding for aid the restoration, preservation and enhancement of beaches, including local and regional sand replenishment efforts, beachfront property and , sand, bluffs, including local and regional sand replenishment efforts, as well as coastal 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. Jan. 11, 2022 Item #13 Page 34 of 85 8 (g) Support decommissioning of existing offshore oil drilling and pipeline infrastructure in all State of California and U.S. waters off the California coast. (h) 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. (i) Support legislation to allow cities to issue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan. (j) 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. (k) Support legislation that provides direction to the California Coastal Commission through changes to the Coastal Act that would allow for construction of seawalls or other shoreline protection devices for existing structures, as defined by a local jurisdiction’s Local Coastal Program and up to the date of adoption of amendments to the Local Coastal Program. (l) Oppose legislation that would backdate the consideration date of existing structures to only those that existed prior to establishment of the Coastal Act (January 1, 1977). 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 Jan. 11, 2022 Item #13 Page 35 of 85 9 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. (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 Jan. 11, 2022 Item #13 Page 36 of 85 10 (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 and& 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. 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. Jan. 11, 2022 Item #13 Page 37 of 85 11 (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. (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 recruitment efforts and educational practices to advance and retain workplace diversity, equity and inclusion. Jan. 11, 2022 Item #13 Page 38 of 85 12 (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. (l) Support funding and legislation that helps cities provide employee support programs, increased personal protective equipment (PPE) and other programs that promote employee overall wellness—particularly for underrepresented and 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. (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, including part-time and seasonal workers. (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. Jan. 11, 2022 Item #13 Page 39 of 85 13 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. (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, including proposals to require the presence of on-site managers and/or Jan. 11, 2022 Item #13 Page 40 of 85 14 security personnel at all times, while being mindful of group home residents’ potential vulnerabilities. (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, handicappedpersons with disabilities, and low-income persons. (b) Support expansion of tax credit and bond opportunities for affordable housing. (b)(c) 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. (d) Support legislation that would provide additional funding for rental subsidy assistance programs (such as Section 8the Housing Choice Voucher Program, the federally funded rental subsidy program for low- income households) via more sustainable vouchers or certificates. (e) Support repeal of Article 34 (Public Housing Project Law) of the California Constitution, which requires local voter approval of housing projects that are intended for low-income people and that receive funding or assistance from the federal and/or state government. . (f) Support legislation that allows entitlement cities to use Community Development Block Grant (CDBG) funds for new construction of housing units. (g) Support state legislation that strengthens local inclusionary housing programs for lower-income residents. (h) 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. (i) Support legislation that will consolidate and streamline the administration and reporting requirements for the CDBG program. Jan. 11, 2022 Item #13 Page 41 of 85 15 (j) Oppose legislation that would give the State financial administrative responsibilities for the CDBG program. (k) Support legislation that requires availability of adequate school facilities contemporaneously with occupancy of housing. (l) 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. (m) 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. (n) Support measures that would exempt affordable housing projects from complying with the California Environmental Quality Act while continuing to mitigate residents’ potential exposure to health and safety hazards. (o) Oppose legislation that would expand the Coastal Commission’s authority over state and local housing policy, which would result in administrative inefficiencies and policy conflicts. (p) Support legislation that modifies existing housing laws to remove inconsistencies and improve clarity in application. (q) Support housing legislation that would allow density increases to satisfy the state’s “no net loss” requirements, when the increases occur concurrent with or prior to a density reduction. (r) Support legislation that more equitably applies rent control laws to various types of rental housing, such as condominiums. (s) Support legislation that prohibits property owners who are awarded tax credit financed projects from charging Section 8 Housing Choice Voucher clients a higher rent than the rent charged to non-Section 8 Housing Choice Voucher clients. 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. Jan. 11, 2022 Item #13 Page 42 of 85 16 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)(b) Support legislation that would establish new tax increment financing tools. (d)(c) Support legislation that helps businesses who have had business interruption insurance claims denied, or otherwise incur unrecoverable revenue losses resulting from a statewide financial or public health crisis, or other declared State of Emergency. (e)(d) 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)(e) 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)(f) 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. Jan. 11, 2022 Item #13 Page 43 of 85 17 (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. (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 awareness of and access to resources concerning 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. (e)(f) Support legislation that clarifies the requirements for operating city- owned ocean rescue watercraft. Law Enforcement (a) Support legislation that strengthens a diverse 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. Jan. 11, 2022 Item #13 Page 44 of 85 18 (e) Support legislation that would increase accountability and transparency among law enforcement agencies and personnel. (f) Support legislation that encourages or mandates police training to include mental health awareness, on implicit and explicit 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 and& 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. (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- and nicotine-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. Jan. 11, 2022 Item #13 Page 45 of 85 19 (c) Preserve local control by increasing funding opportunities for housing programs/projects that suggest, rather than require, compliance with the Housing First model. (d) Support legislation that creates streamlined protocols and metrics to be used by homeless service providers and local agencies, providing more accurate statistics of individuals experiencing homelessness, including in-flow and out- flow information, cost-reporting of services rendered, and individuals successfully housed. (e) Support measures that facilitate regional and city-driven solutions to address homelessness through crisis response, mental evaluation, and homeless outreach teams. (b)(f) Support the expansion of conservatorship laws allowing for increased guardianship control and health supervision of those suffering from mental illness and recognizing mental illness and addiction as contributors to chronic 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. (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. Jan. 11, 2022 Item #13 Page 46 of 85 20 (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., facilitiesbuildings, roads, utilities, 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. (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. Jan. 11, 2022 Item #13 Page 47 of 85 21 (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. (l) 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) 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. (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. Jan. 11, 2022 Item #13 Page 48 of 85 22 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. (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. Jan. 11, 2022 Item #13 Page 49 of 85 23 (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, equitable 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 for all community members 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. Jan. 11, 2022 Item #13 Page 50 of 85 24 (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. Jan. 11, 2022 Item #13 Page 51 of 85 1 Exhibit 3 Legislative Proposal: Lifeguard Certification Equivalency City Swimming Pools: • Alga Norte Aquatic Center • Monroe Street Pool • Due to lifeguard staffing shortages, weekday hours at the Monroe Street Pool have been temporarily reduced since mid-September 2021. During the reduced hours, Monroe Street Pool passes are honored at the Alga Norte Aquatic Center. • The city is actively recruiting for additional lifeguards. Background: • Carlsbad city firefighters have United States Lifesaving Association (USLA) certification; therefore, the firefighters do not meet the American Red Cross or the YMCA lifeguard training program requirements. However, the USLA certification may be equivalent to those of the Red Cross or the YMCA lifeguard training program. • The physical environment, rescue scenarios and medical care associated with beach lifeguarding are significantly more complex than those associated with lifeguarding in the stillwater (i.e., pool) environment. Given that USLA is recognized as the standard certification for lifeguarding in the ocean environment, their training and physical fitness standards are appropriately the most stringent among the certifications outlined above. • City of Carlsbad beach lifeguards are trained in Code X, which is an incident type for a submerged victim rescue and/or body recovery. This involves diving down into low visibility water and sweeping the ocean bottom. As such, USLA-certified guards would be more than capable of getting to the bottom of a 13’ deep clear water pool to retrieve a victim. • Should they be deployed to provide pool lifeguarding services, USLA-certified guards would generally perform lifeguarding duties identical to those performed by our American Red Cross/YMCA-certified pool guards. • On December 3, the City of Carlsbad received authorization from the Department of Public Health to allow USLA certified lifeguards to provides services at city pools. The Jan. 11, 2022 Item #13 Page 52 of 85 2 authorization will expire on June 30, 2022, at which time the City must revert to lifeguards with solely an American Red Cross or YMCA certification. Existing Law: • CA H&S Code section 116028 addresses lifeguard qualifications: “Lifeguard service,” as used in this article, means the attendance at a public swimming pool, during periods of use, of one or more lifeguards who possess, as minimum qualifications, current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department, and who are trained to administer first aid, including, but not limited to, cardiopulmonary resuscitation in conformance with Section 123725 and the regulations adopted thereunder, and who have no duties to perform other than to supervise the safety of participants in water-contact activities. “Lifeguard services” includes the supervision of the safety of participants in water-contact activities by lifeguards who are providing swimming lessons, coaching or overseeing water-contact sports, or providing water safety instructions to participants when no other persons are using the facilities unless those persons are supervised by separate lifeguard services. • Based on the code section above, lifeguards are to have current certificates from o The American Red Cross o YMCA of the U.S.A. lifeguard training program o Have equivalent qualifications. Legislative Fix: • CA H&S Code section 116028 would be amended to read: “Lifeguard service,” as used in this article, means the attendance at a public swimming pool, during periods of use, of one or more lifeguards who possess, as minimum qualifications, current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, United States Lifesaving Association (USLA) certification, or have equivalent qualifications, as determined by the department, and who are trained to administer first aid, including, but not limited to, cardiopulmonary resuscitation in conformance with Section 123725 and the regulations adopted thereunder, and who have no duties to perform other than to supervise the safety of participants in water-contact activities. “Lifeguard services” includes the supervision of the safety of participants in water-contact activities by lifeguards who are providing swimming lessons, coaching or overseeing water-contact sports, or providing water safety instructions to participants when no other persons are using the facilities unless those persons are supervised by separate lifeguard services. ### Jan. 11, 2022 Item #13 Page 53 of 85 Exhibit 4 Legislative Proposal: Lifeguard Speed Limit Exemption ______________________________________________________________________________ Background: Harbors and Navigation Code section 655.2 prohibits the operation of an ocean vessel, including personal watercraft, in excess of five miles per hour in specified circumstances, including when within 100 feet of a bather or within 200 feet of a beach frequented by bathers. (§ 655.2(a).) The prohibition does not apply to vessels engaged in direct law enforcement activities if the vessel displays prescribed blue lights. (§ 655.2(b).) The prohibition also does not apply to a vessel owned by the state “or subdivision thereof” that is used principally for governmental purposes and is clearly identifiable as such. (§ 650.1(b)(3).) A recent appellate court case originating in San Diego reviewed these code sections as applied to ocean lifeguards and concluded these code sections allow state and county ocean lifeguards to operate rescue vessels in excess of five miles per hour, but they prohibit city ocean lifeguard vessels from doing so. Problem: • The code sections create different standards for ocean lifeguards performing the same rescue duties depending on whether the lifeguards are employed by a state or county or by a city. • Justices from both the appellate court and the California Supreme Court have invited the Legislature to clarify these code sections. • A rescue vessel, due to its speed, power, and high vantage point on the water, is the most effective lifesaving tool inside the surf line. • Without clarification of these code sections, city rescue vessels may be rendered useless as a lifesaving aid. It will be of little comfort to the next swimmer or surfer in peril to learn that the most effective means of rescue is unavailable due to an ambiguity or a gap in the Harbors and Navigation Code. • The Court of Appeal majority suggested that city rescue vessels may be exempt from section 655.2's speed limit if they are "engaged in direct law enforcement activities" and display the distinctive blue lights prescribed by section 652.5. However, four Justices from the California Supreme Court questioned whether this exception could ever apply to lifeguards. Jan. 11, 2022 Item #13 Page 54 of 85 • Clarification is crucial because, without further guidance, there is remaining uncertainty about whether city rescue vessels can ever be exempt from section 655.2's five-miles- per-hour speed limit. Continued uncertainty surrounding the current statutory scheme jeopardizes the safety of those in need of ocean rescue, as well as the safety of first responders who often risk their own lives to save them. Current Law: HARBORS AND NAVIGATION CODE - HNC ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) 650.1. (a) This chapter shall apply to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the state. (b) This chapter, except those sections which expressly indicate otherwise, shall not apply to the following: (1) Foreign vessels temporarily using waters subject to state jurisdiction. (2) Military or public vessels of the United States, except recreational-type public vessels. (3) A vessel whose owner is a state or subdivision thereof, which is used principally for governmental purposes, and which is clearly identifiable as such. (4) Ship’s lifeboats. 655.2. (a) Every owner, operator, or person in command of any vessel propelled by machinery is guilty of an infraction who uses it, or permits it to be used, at a speed in excess of five miles per hour in any portion of the following areas not otherwise regulated by local rules and regulations: (1) Within 100 feet of any person who is engaged in the act of bathing. A person engaged in the sport of water skiing shall not be considered as engaged in the act of bathing for the purposes of this section. (2) Within 200 feet of any of the following: (A) A beach frequented by bathers. (B) A swimming float, diving platform, or lifeline. (C) A way or landing float to which boats are made fast or which is being used for the embarkation or discharge of passengers. (b) This section does not apply to vessels engaged in direct law enforcement activities that are displaying the lights prescribed by Section 652.5. Those vessels are also exempt from any locally imposed speed regulation adopted pursuant to Section 660. Jan. 11, 2022 Item #13 Page 55 of 85 Legislative Fix: Amend the Harbors and Navigation Code to clarify city ocean rescue vessels are not subject to the five mile per hour speed limit in section 655.2. Two options are: Option 1: 650.1. (a) This chapter shall apply to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the state. (b) This chapter, except those sections which expressly indicate otherwise, shall not apply to the following: (1) Foreign vessels temporarily using waters subject to state jurisdiction. (2) Military or public vessels of the United States, except recreational-type public vessels. (3) A vessel whose owner is a state, county, city, or city and county or subdivision thereof, which is used principally for governmental purposes, and which is clearly identifiable as such. (4) Ship’s lifeboats. Option 2: 655.2. (a) Every owner, operator, or person in command of any vessel propelled by machinery is guilty of an infraction who uses it, or permits it to be used, at a speed in excess of five miles per hour in any portion of the following areas not otherwise regulated by local rules and regulations: (1) Within 100 feet of any person who is engaged in the act of bathing. A person engaged in the sport of water skiing shall not be considered as engaged in the act of bathing for the purposes of this section. (2) Within 200 feet of any of the following: (A) A beach frequented by bathers. (B) A swimming float, diving platform, or lifeline. (C) A way or landing float to which boats are made fast or which is being used for the embarkation or discharge of passengers. (b) This section does not apply to lifeguard rescue vessels clearly identifiable as such. This section also does not apply to vessels engaged in direct law enforcement activities that are displaying the lights prescribed by Section 652.5. Those vessels are also exempt from any locally imposed speed regulation adopted pursuant to Section 660. Jan. 11, 2022 Item #13 Page 56 of 85 2021 END OF YEAR REPORT City of Carlsbad December 30, 2021 Renne Public Law Group, LLP [DBA Renne Public Policy Group (RPPG)] Sharon Gonsalves, Director of Government Affairs 1100 11th Street, Suite 200-231 Sacramento, CA 95814 sgonsalves@publicpolicygroup.com (916)974-9270 Exhibit 5 Jan. 11, 2022 Item #13 Page 57 of 85 Table of Contents Transmittal Letter ........................................................................................................................ 1 2021: Year in Review ................................................................................................................... 3 RPPG/ City of Carlsbad Highlights and Achievements in 2021........................................................ 4 Legislative Advocacy Success ............................................................................................................. 5 Client Communication ...................................................................................................................... 11 Legislative Tracking, Analysis and Engagement ............................................................................... 11 COVID-19 Ongoing Information ....................................................................................................... 11 Grant Funding Assessment and Advisory for the City of Carlsbad: ................................................. 12 Looking Ahead: 2022 Legislative Session .................................................................................... 12 Initial Assessment: Potential Grant Funding Opportunities ......................................................... 15 Jan. 11, 2022 Item #13 Page 58 of 85 Page | 1 TRANSMITTAL LETTER December 30, 2021 To: Scott Chadwick City Manager City of Carlsbad From: Sharon Gonsalves Director of Government Affairs Renne Public Policy Group Dear Mr. Chadwick, On behalf of the Renne Public Law Group, LLP [DBA Renne Public Policy Group (RPPG)], I want to thank you, your team, and the Council for engaging our firm for state legislative advocacy services. This end of year report provides an overview of the services provided by our firm to the City of Carlsbad during the 2021 legislative year as well as insights and potential next steps in preparation for the new 2022 legislative session. Our work with the City of Carlsbad officially began January 15, 2021. A year that began with continued challenges associated with COVID-19 response and recovery. As detailed further in the following sections, RPPG hit the ground running, working hand-in-hand with the City to provide clarity on issues with play-by-play information. We drafted memos to provide information on dozens of Executive Orders, vied for increased American Recovery Act dollars, and provided detailed policy and political analysis on dozens of state and federal legislative proposals of interest to the City. Additionally, our team worked with Carlsbad staff to assess viable state grant opportunities and advised on a successful regional grant proposal. Further, our team worked closely with City of Carlsbad staff and the Legislative Subcommittee to update the State Legislative platform—which served as the basis for the policy goals we set out to accomplish. We worked with the Legislative Subcommittee again to build upon and revise this document for 2022. Lastly, our team met with your department heads in October of this year and provided a detailed analysis assessing viable state grant opportunities and policy priorities. Sustained and consistent review and legislative tracking is critical in assessing the thousands of measures introduced each legislative year. In 2021, RPPG monitored and/or engaged on 533 pieces of state legislation, as well as provided multiple updates and engagement on federal issues specific to COVID-19 relief and the Federal Infrastructure package. From those 533 pieces of State legislation and budget funding items, RPPG actively engaged on 62 measures to assess specific applicability to the City, including drafting memos, providing legislative analysis, advising city staff, meeting with state lawmakers and their staff, drafting state and federal position letters, etc. All told, the City of Carlsbad officially positioned on 19 pieces of State legislation in 2021. As detailed further in this report, RPPG was able to successfully advocate for the desired outcome or secured significant amendments to reduce the overall impact on 15 of those measures. Jan. 11, 2022 Item #13 Page 59 of 85 Page | 2 Despite the ongoing challenges with respect to COVID-19 that will no doubt linger throughout much of 2022, we are proud of the work our team was able to accomplish this year both on regional and state issues of importance to the City. Thank you once again for the opportunity to serve the City of Carlsbad. We look forward to continuing our partnership and building off of the success we have achieved during these trying times. Sincerely, CC: Jason Haber, Intergovernmental Affairs Director, City of Carlsbad Cindie McMahon, Assistant City Attorney, City of Carlsbad Sharon Gonsalves Director of Government Affairs Renne Public Policy Group Jan. 11, 2022 Item #13 Page 60 of 85 Page | 3 2021: YEAR IN REVIEW Despite California local government and businesses alike trying to navigate the ongoing COVID-19 pandemic and dealing with declining revenues, the State’s fiscal cup overflowed in 2021 with a historic budget surplus of nearly $75 billion when factoring direct federal dollars received for COVID- 19 relief. With year around, fire season, persistent drought and surging COVID cases statewide, the California Legislature and Governor Newsom were quick to propose a series of early-action budget items ranging from COVID-19 relief, vaccination rollout, to wildfire, water conversation, climate change and broadband funding. By April, the push by those hoping to recall Governor Newsom from office had successfully garnered the requisite signatures to qualify for the state ballot. The Administration quickly painted the recall effort as a partisan attempt to disrupt the progress being made on several fronts including declining COVID-19 transmission rates, vaccine distribution, COVID-19 economic recovery and other priorities important to California voters. After having to sideline bills in 2020 due to the COVID-19 pandemic and quite literally running out of time to get legislation to the Governor, lawmakers came back more determined than ever to pass high priority legislation to address the State’s shortage in housing/land use, police reform, and access to broadband. However, despite the acceleration of the legislative process, in May, just days before the annual house of origin deadline, Assembly Speaker Anthony Rendon and Senate President Pro Tem Toni Atkins announced a 12-bill limit that each member could advance throughout the year. In response, RPPG worked diligently to ensure that bills of top priority to the City “made the cut” to continue to advance through the legislative process. On June 28, two days before the Constitutional deadline of June 30, the Legislature approved a series of budget measures reflecting a total spending plan of $262.6 billion, of which $196.4 billion is from the General Fund, and total General Fund reserves equaling a record $25.2 billion. Key highlights included: Housing and Homelessness • Provides approximately $12 billion in new funding for homelessness programs over the next two years. • $1 billion in support for local governments to address homelessness in both 2021-22 and 2022-23. • $300 million General Fund one-time for the Home Safe Program over two years to help combat senior homelessness. • Includes $380 million one-time for the CalWORKs Housing Support Program over two years to house families in the program and help them avoid eviction. Natural Resources • $1.3 billion General Fund one-time to the State Water Resources Control Board (SWRCB), $650 million of which will be available for drinking water projects, $650 million for wastewater projects, $85 million for groundwater cleanup and water recycling projects. Jan. 11, 2022 Item #13 Page 61 of 85 Page | 4 • $1 billion Coronavirus Fiscal Recovery Fund of 2021 to SWRCB for local assistance to forgive residential and commercial customer arrearages and water enterprise revenue shortfalls due to the pandemic. • $30 million General Fund one-time to the Coastal Commission for grants related to addressing sea level rise. • $200 million for parks across the state. Energy • The bill includes $2.7 billion in funding for a variety of programs related to zero emission vehicles. Broadband Infrastructure and Transportation • $6 billion over a multi-year period for broadband infrastructure and improved access to broadband services throughout the state, including $3.75 billion for middle-mile infrastructure in unserved communities. • $350 million for the transportation adaptation grant program. • $328 million for a variety of beautification and improvement projects along the state highway system and local streets and roads. SB 139 Golden State Stimulus II • This bill appropriates $8.1 billion to provide direct relief to Californians with an income up to $75,000. Depending on filing status, payments of $500, $600, $1,000, or $1,100 will be issued. This payment is in addition to early budget action items approved earlier this year. On September 10, 2021, the California State Legislature adjourned session for the year before the clock hit 9:00 p.m.—the earliest session has adjourned in recent history. Lawmakers took advantage of the inability for legislative advocates and the public to apply traditional (in-person) pressure as the State Capitol was so heavily restricted from public access. Critical measures in housing, land use, police reform, and carbon reduction, normally reserved for the waning hours of legislative session were advanced early with little debate. This unexpected ending capped a legislative session filled with unique developments and continuing surprises for even the most seasoned political insiders, including a record $75 billion budget surplus, a distracting Gubernatorial recall effort, and a resurgent pandemic. On September 14, Governor Newsom soundly defeated the recall effort with a resounding 62 percent of the 12.8 million votes cast voting not to recall California’s 40th Governor. ### RPPG/ CITY OF CARLSBAD HIGHLIGHTS AND ACHIEVEMENTS IN 2021 At its core, legislative advocacy is working with individual lawmakers (both within the City’s legislative district and out), committee staff, the Governor’s administration, and regulatory officials to support the City’s policy goals. Equally important, is the ability to work with those same stakeholders to mitigate legal, operational, or fiscal impacts state legislation may have on the City. Jan. 11, 2022 Item #13 Page 62 of 85 Page | 5 Successful legislative advocacy is predicated on raising awareness and education. Being able to empower City Council, staff and by extension its advocacy team, is critical in any effort to advance legislative efforts. In Sacramento, direct advocacy among other aspects ranges from working personally with a legislator, an aide, policy committee staff and the Administration on the wording of a bill, to mobilizing broad coalitions that align with the City’s cause. This includes educating legislators, supporters, and the public about the issue; working with the media; continuously seeking out allies; and being persistent over long periods of time. Over time, a sustained legislative advocacy effort will help the City form strong allies. Working with lawmakers and familiarizing them with your concerns often results in lawmakers even outside of a city’s legislative district to become champions for your specific issues. Establishing personal relationships with legislators both in the City’s legislative district and outside of its district provides the City with credibility needed to have a meaningful impact in the legislative process. While there is no guarantee that a sustained effort will lead to success on one particular issue of importance; a lack of a sustained effort will lead to State polices that will remove local decision making and/or create new financial, legal, or operational challenges for the City of Carlsbad. In an effort to drive awareness and to implement a successful legislative advocacy strategy RPPG hit three key performance indicators under the last 11 months under contract with the City. Legislative Advocacy Success  AB 66 (Boerner-Horvath) Coastal resources: research: landslides and erosion: early warning system: County of San Diego (City Position: Support): Upon appropriation of the Legislature, AB 66 will require the Scripps Institution of Oceanography at the University of California, San Diego, to conduct research on coastal cliff landslides and erosion in the County of San Diego and to provide a report to the Legislature with recommendations for 533 Pieces of Legislation Tracked on Behalf of the City Legislation, tracked and assessed for impacts on City operational, legal and/orloss of local decision making. 85% On Legislative Engagement—Making the City's Voice Heard Either achieved the desired outcome or secured critical amendments todramatically reduce adverse impacts on the City. (11 desired outcome,4significanlty improved based on RPPG's engagement). 300+ Combined Deliverables and Touchpoints Provided to and on behalf of theCity Legislative updates,legislative and budgetary position letters,policy, and politicalanalysis, meetings with City and/or state legislature on behalf of the City. Jan. 11, 2022 Item #13 Page 63 of 85 Page | 6 developing a coastal cliff landslide and erosion early warning system. RPPG worked with the Authors staff and testified in committee in support on behalf of the City. On October 4, 2021, Governor Newsom signed AB 66 into law.  AB 361 (Rivas) Open Meetings: State and Local Agencies: Teleconferences (City Position: Support): Until January 1, 2024, AB 361 authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency. On behalf of the City, RPPG provided a detailed analysis of the bill’s provisions, drafted letters of support for the City as well as provided technical guidance on the bill’s provisions to the Senate Governance and Finance committee as well as the Assembly Local Government. Additionally, we worked with outside stakeholders to assist the California Special District Association’s efforts on building out a large coalition of support. Given the timing of the looming expiration of the Governors executive order, AB 361 was amended in the final days of the legislative session to include an urgency clause pushing the vote threshold up from a simple majority to a two-thirds. On September 16, Governor Newsom signed AB 361 into law.  AB 377 (Rivas) Water quality: impaired waters (City Position: Oppose): As introduced, AB 377 would have required that all surface water in California be swimmable, drinkable, and fishable by 2050. While the intent behind AB 377 is a laudable goal, the cost burden placed on local agency storm water management system would have practically impossible to comply with. The potential cost to the City would have been astronomical. RPPG worked with City staff to draft a detailed policy-specific letter outlining the operational and cost challenges associated with compliance. Furthermore, we engaged directly with the Assembly Appropriations committee consultant in outlining the significant cost burden on the City and region for implementation of this measure. This played a significant role in stopping the measure from advancing. On May 19, 2021, AB 377 was held on the Assembly Appropriations Suspense file.  AB 500 (Ward) Local planning: coastal development: streamlined permitting (City Position: Oppose): Early in the legislative process AB 500 was a bill that would have authorized the California Coastal Commission to facilitate the preservation and creation of housing affordable to lower and moderate-income households in the Coastal Zone. Later the bill was amended to conduct a study on best practices for developing housing in a coastal zone. Many organizations who were originally oppose, including the City of Carlsbad, went to a neutral position on that version of the bill. With one week before the end of the legislative session AB 500 was amended once again, to require local governments in the coastal zone to amend their coastal programs by January 1, 2024. The timeframe provided in the bill would not allow for a city to properly go through the required process of amending a local coastal program. On behalf of the City of Carlsbad, RPPG worked closely not only with the Senate Governance and Finance but also Senators who represent coastal communities to outline concerns with the policy and timing of the bill. Carlsbad led the opposition testimony on the measure and worked with Jan. 11, 2022 Item #13 Page 64 of 85 Page | 7 other stakeholders including the powerful building and construction trades to raise awareness on this issue. On September 9, 2021, AB 500 was placed on the Senate Inactive File and did not advance.  AB 989 (Gabriel) Housing Accountability Act: appeals: Office of Housing Appeals (City Position: Oppose): AB 989 would have, until January 1, 2029, established an Office of Housing Appeals within the Housing and Community Development Department, administered by the director of the department, to review housing development projects that are alleged to have been denied or subject to conditions in violation of the Housing Accountability Act. The measure would have established a quasi-judicial Administrative hearing process which would have allowed any developer to appeal a denial of a development project to an Administrative Law Judge. Having decades of experience working with the Public Employees Retirement System administrative hearings process—RPPG was one of the few advocacy firms to understand how devastating this measure would have been to local agencies. Our firm worked tirelessly to build an opposition coalition and engaged with a unique group of participants including affordable housing advocates who shared the City’s concern that this measure could be abused by market rate developers to fast track market and above market rate units over below market and affordable housing projects. On September 9, 2021, AB 989 was placed on the Senate Inactive File and did not advance.  AB 1029 (Mullin) Housing Elements: Prohousing Local Policies (City Position: Support): AB 1029 adds the preservation of affordable housing units through the extension of existing project-based rental assistance covenants to the list of Housing and Community Development Department (HCD)’s “Prohousing” local policies. This will enable Cities that are seeking state funding for housing needs to vie for funds to help further extend local affordability covenants. RPPG drafted the bill, found an author to carry it, built out the broad-based support coalition, met with the HCD to address concerns and worked the bill throughout the entire legislative process. should also be noted that the bill had an urgency clause which pushed the vote threshold up from a simple majority to a two-thirds. On September 28, 2021, Governor Newsom signed AB 1029 into law.  AB 1372 (Muratsuchi) Right to Shelter (City Position: Oppose) This would require every city, or every county in the case of unincorporated areas, to provide every person who is homeless, with temporary shelter, mental health treatment, resources for job placement, and job training until the person obtains permanent housing if the person has actively sought temporary shelter in the jurisdiction for at least 3 consecutive days and has been unable to gain entry into all temporary shelters they sought. Moreover, the bill would have authorized a person who is homeless to enforce the bill’s provisions by bringing a civil action against the local agency. Jan. 11, 2022 Item #13 Page 65 of 85 Page | 8 While providing temporary shelter to any unhoused City resident is a laudable goal, as drafted the measure would have been virtually impossible to comply with. Moreover, the enforcement mechanism of permitting a new private right of action against an agency for non-compliance is the wrong approach in promoting a collaborative state/local relationship to the issue. RPPG worked directly with the Assembly Housing and Community Development Vice Chair, along with committee staff to outline these real-world implications. We also met with the Authors office and participated in a large coalition of opposition on this bill. On April 30, 2021, AB 1372 was withdrawn from committee consideration and did not proceed.  AB 1401 (Friedman) Residential and commercial development: remodeling, renovations, and additions: parking requirements (City Position: Oppose): This measure would have prohibited a public agency in a county with a population of 600,000 or more from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the development is located on a parcel that is within1/2 mile of public transit. RPPG worked with affordable housing advocates and others to form a diverse coalition of opposition to the measure. We also testified in several policy committees on behalf of the City. On August 27, 2021, AB 1401 was held on the Senate Appropriations Suspense file.  AB 1434 (Friedman)Urban water use objectives: indoor residential water use. (City Position: Oppose Unless Amended): This measure would have changed indoor residential water use standards from 55 gallons daily (effective 2025) to 48 gallons in 2023 and 44 gallons by 2025—superseding laws just recently enacted. RPPG testified in the Water Parks & Wildlife committee and was prepared to provide testimony in the Assembly Appropriations Committee in opposition. However, after working with the Appropriations staff we were told that the measure did not have the support of the Chair to advance. As such the measure was never set for hearing in the Committee. On May 25, AB 1434 was held in the Appropriations committee at the request of the Author.  SB 1 (Atkins) SB 1 would include, as part of the procedures the commission is required to adopt, recommendations and guidelines for the identification, assessment, minimization, and mitigation of sea level rise within each local coastal program, as provided. RPPG drafted and submitted letters of support to the appropriate legislative committees and Governor’s office. On September 23, 2021, Governor Newsom signed SB 1 into law.  SB 556 (Dodd) Street Light Poles, Traffic Signal Poles: Small Wireless Facilities Attachments (City Position: Oppose): SB 556 would have authorized broadband companies to install “small cell” towers with limit local review on utility poles within a local government jurisdiction. This measure went well beyond the federal regulations on this policy including the capping of discretionary fees and lease terms. With the City in opposition of the measure, RPPG testified on behalf of the City, drafted, and submitted letters of opposition, as well as engaged in negotiations to try and narrow the measures impact. Jan. 11, 2022 Item #13 Page 66 of 85 Page | 9 Understanding that the bill was likely heading to the Governor, RPPG began early outreach to the Administration to express concerns on the approach that this policy was going— urging the Administration to veto the measure once it arrived on the Governor’s desk. Once the measure advanced to the Governor for his consideration, RPPG drafted and submitted a request for veto letter on behalf of the City. On October 04, 2021, Governor Newsom vetoed SB 556. Measures Amended to Significantly Reduce Impacts to the City:  AB 215 (Chiu) Planning and Zoning Law: housing element: violations (City Position: Oppose). This bill was amended twice in the last weeks of session to include significant policy changes that were never properly analyzed or debated in a policy committee. Earlier versions of the bill attempted to make local governments responsible for actual housing production—tying reasonable progress in all income categories to the Regional Housing Needs Assessment Process. RPPG worked tirelessly on creating a groundswell of opposition to this version of the bill, specifically targeting the Senate Appropriations committee. AB 215 advanced out of the Appropriations committee with all relative progress standards stripped from the bill—a big victory for local agencies. However, the bill’s provisions were amended on the Senate floor with only days left in the legislative session. Instead, AB 215 now expands the authority of both the Attorney General (AG) and the Department of Housing and Community Development (HCD) to sue local governments over a long list of housing laws. From the day the measure was amended, the bill never received another policy or fiscal analysis, yet was voted on by both houses of the legislature and signed by the Governor. This process highlights the inherent challenges local agencies face when trying to navigate the complexities of the state legislative processes. Despite this new authority given to HCD and the AG, in our assessment, the alternative approach originally proposed by AB 215 requiring production in all income categories as a condition of a compliant housing element is a far greater intrusion on local discretion and would have fundamentally shifted the element process from a planning document to a production mandate. On September 28, 2021, AB 215 was signed into law as amended.  AB 816 (Chiu) State and local agencies: homelessness plan: Housing Trust Fund: housing projects (City Position, Oppose): As introduced, AB 816 would have created a new Office of the Housing and Homelessness Inspector General (HHIG) to impose new requirements on local governments to develop actionable plans to address homelessness. Similar to the complex housing element process, AB 816 would have required local governments to submit specific plans to the Housing and Community Development Department for review and approval as well as created a new public right of action for the newly created (appointed) Inspector General to compel compliance with those new plans. Finally, the bill required the Homeless Coordinating and Financing Council to conduct, or contract to conduct, a statewide gaps and needs assessment. While we agree that the state should partner with local government to aggressively tackle homelessness statewide, we understood that creating a punitive system with unachievable objectives would only strain that partnership. RPPG worked with City staff to better understand all of the good work Jan. 11, 2022 Item #13 Page 67 of 85 Page | 10 Carlsbad has been taking in establishing its own funding plan with measurable objectives to address this problem. We used that information to educate lawmakers about alternative approaches and best practices. We testified on behalf of the City and pushed for amendments to reduce the punitive nature of the bill. The end result was that the measure was significantly reduced to eliminate all substance to the bill with respect to the new office of Housing and Homelessness Inspector General, the development of the action plan and the private right of action provisions. The measure now requires HCD to allocate National Housing Trust Fund (NHTF) monies to projects serving individuals experiencing homelessness, to the extent that a sufficient number of projects exist. On September 29, 2021, Governor Newsom signed AB 816 into law, as amended.  SB 9 (Atkins) Housing Development Approvals (City Position: Oppose) Throughout the year, City Council expressed strong concerns regarding SB 9 as originally drafted. Originally, the bill would have allowed 10 units to be built on a parcel where one single- family unit currently sits, would not have exempted historical zones from its provisions and did not require any owner occupancy requirements for duplex conversion or lot splitting. Despite the strong political will to get this measure to the Governor, RPPG was able to secure significant amendments into SB 9. As part of RPPG’s larger effort to educate Carlsbad’s legislative delegation on housing challenges in the region, RPPG arranged one-on-one virtual meetings with the City’s state lawmakers to express concerns about the approach SB 9 was taking. Specifically, the need for historical zones to be excluded from the bill’s provisions, the need to limit the applicability of total units from 10 to 4 units and the need for owner-occupancy provisions to be required to ensure that speculators were not simply buying properties and driving up market rate development. The final version of the bill reduced the total number of units that could be constructed on a current parcel from 10 units to 4. the bill was amended to clearly exempt historical zones from out of the bill. Moreover, the bill also permits local agencies to require a three-year owner-occupied requirement prior to splitting a parcel or converting a single-family home into a duplex. Finally, the measure was amended to allow the denial of a project if a building official identifies that the proposed project would pose a health or safety risk. While not the ideal outcome for the City, the amendments outlined above (in totality) are significant because it will create a deterrent for speculators/investors from buying properties, splitting lots, and ministerially constructing multiple units—while retaining some local discretion. Despite the sustained opposition by the City, SB 9 is much improved from the date it was introduced. On September 16, 2021, SB 9 was signed into law as amended  SB 278 (Leyva) CalPERS Disallowed Compensation (City Position: Oppose) As introduced, SB 278 would have placed 100 percent of the total liability for disallowed retirement benefits on public agencies—abdicating all responsibility previously held by CalPERS to ensure that retirement benefits are calculated and administered correctly. The City understood that this would have caused significant legal, operational, and financial reporting requirements in perpetuity and made the decision to oppose the measure Jan. 11, 2022 Item #13 Page 68 of 85 Page | 11 based on the policy rationale of the bill. RPPG has a long history working on this specific issue as SB 278 was the fourth iteration of the measure. However, understanding the political realities we advised the City that it was likely that this version of the bill was going to be signed. Over the proceeding months RPPG worked with the Newsom administration and CalPERS officials to provide technical guidance from a local compliance perspective. In the final days of the legislative session amendments were proposed by the Administration and accepted by the Authors office that limited local agency exposure from 100% of ongoing monthly general fund payments to a 20% one-time lump sum paid through the CalPERS system. Moreover, CalPERS now has the responsibility to administer the benefit payment directly to the retiree or survivor, relieving the ongoing operational challenge originally placed on the City. While the City would still need to come up with a lump sum payment in cases of disallowed compensation, the legal, operational, and financial reporting requirements of this measure were dramatically reduced as a result of our efforts. On September 27, 2021, SB 278 was signed into law as amended. Client Communication Client communication is a critically important component in our overall client approach—especially in the era of COVID-19. We pride ourselves in working hand in hand with our clients—providing detailed as-needed analysis on legislation, regulatory issues, and the legislative process. Since we have been engaged with the City, RPPG has conducted weekly Zoom meetings, and as- needed calls, emails, and detailed memos in order to stay in close contact with the City. In addition to COVID-19 related communications (detailed further below), written memos were provided on various policy issues including but not limited to: • Governor’s COVID-19 press conferences • Police Reform and Use of Force Legislation • Housing, Land Use and ADU legislation • Eviction Protection • Public Employer Legislation • Climate and Wildfire • Various Legislative Deadline Updates and End of Year Legislative Update • Public Employee Retirement System (CalPERS) Funded Status • Grant Opportunities Legislative Tracking, Analysis and Engagement Since engaging with City of Carlsbad, RPPG has monitored and/or engaged on 533 pieces of state legislation as well as multiple updates. This includes drafting memos, advising city staff, meeting with lawmakers and staff, drafting city position letters, etc. COVID-19 Ongoing Information Throughout this pandemic, RPPG has provided City of Carlsbad with on-going updates on both state and federal response. We have continuously researched and provided real-time updates on any Jan. 11, 2022 Item #13 Page 69 of 85 Page | 12 information regarding to state actions, executive orders, local compliance guidelines, and federal action. Actions include but are not limited to: • Sent multiple updates to city staff regarding State Government’s and Governor Newsom’s ongoing response to COVID-19. Provide various information and analysis of executive orders, legislative funding package, statewide facemask requirements, county watchlist updates, suspension of various local government laws, and etc. • COVID-19 budget deficit projections and federal actions. • Conducted research and an initial assessment of CARES Act funding opportunities. • Prepared and sent a detailed briefing on the Governor outlining the critical factors that need to be met prior to reopening businesses, restaurants, schools, etc. • Provide updated state guidance on COVID-19 reopening process. • Possible FEMA Funding Opportunity COVID-19 Testing Grant Funding Assessment and Advisory for the City of Carlsbad: In January 2021, after our team met with a number of Carlsbad Department heads, RPPG prepared and sent a detailed analysis of both state and federal grant funding opportunities in policy areas of importance to the City including housing and homelessness, transportation, and fire protection. In October 2021, RPPG held a “Deep Dive” meeting to reassess both policy and funding opportunities of importance to the City. ### LOOKING AHEAD: 2022 LEGISLATIVE SESSION Housing Accountability and Enforcement Now that the legislature has concluded its work for the year, administrative and regulatory agencies are gearing up for interpretation and enforcement of laws slated to take effect January 1, 2022. Housing policy was one of the more predominant polices top of mind for local governments in 2021. Enforcement of State housing law will continue to be a leading policy as lawmakers return to finish year two of the 21-22 legislative session. HCD’s Housing Accountably and Enforcement Unit—Expanding Authority: As part of the 2021-2022 state budget, HCD received additional resources totaling more than $4 million specifically to increase staff and bolster its Housing Accountability and Enforcement Unit. Under current law HAU’s authority covers the following: • Enforcement of the Housing Accountability Act (HAA) (Government Code section 65589.5) • No Net RHNA Loss (Government Code section 65863) • Density Bonus Law (Government Code section 65915-65918) • Anti-Discrimination in Land Use Laws (Government Code section 65008) • Various provisions of Accessory Dwelling Unit Law • Various provisions of the Surplus Land Act Beginning January 1, 2022, HCD will also have authority to enforce Affirmatively Furthering Fair Housing law, The Housing Crisis Act of 2019 – SB 330, Streamlined Ministerial Permit Processes – SB 35, By Right Supportive Housing Provisions – AB 2162, By Right Low Barrier Navigation Centers – AB 101, and limitations on development standards – AB 478. Jan. 11, 2022 Item #13 Page 70 of 85 Page | 13 More specifically, HCD’s enforcement authority will expand to include the following: • Affirmatively Furthering Fair Housing law (Government Code section 8899.50) • The Housing Crisis Act of 2019 (SB 330 or 2019 - Government Code sections 65941.1, 65943, and 66300) • Streamlined Ministerial Permit Processes (SB 35 of 2017 - Government Code section 65913.4) – See HCD’s Streamlined Ministerial Approval Process Guidelines. • By Right Supportive Housing Provisions (Article 11) • By Right Low Barrier Navigation Centers (Article 12) • Limitations on development standards (Government Code section 65913.11) It is important to note that violations of these state laws may lead to consequences including revocation of housing element certification and/or referral to the California Office of the Attorney General. Attorney General Announces Creation of DOJ Housing Strike Force: Citing the enactment of Assembly Bill (AB) 215 (Chiu), on November 3rd, Attorney General Bonta announced the creation of the DOJ Housing Strikeforce. The Strike Force will focus on enforcing state housing and development laws in the Attorney General’s independent capacity and on behalf of DOJ’s client agencies. More specifically the focus will center around: • Enforcing tenant rights, mortgage servicing, and various consumer protection laws. • Issuing consumer alerts advising tenants and homeowners on their protections under state and federal law. • Issuing guidance letters to local governments on state housing laws. • Enforcing and or defending state housing and tenant protection laws from legal challenges; and • Advocating with the state legislature, federal agencies, and other state agencies to advance a right to housing. State’s Budget Surplus Moreover, the State Legislative Analysist Office (LAO) is projecting at least a $31 billion state surplus for the 2022-23 state budget cycle. This alone will provide several opportunities for lawmakers to submit budget requests for district projects, as well as for the Administration to try and spearhead major statewide initiatives. After the subsequent announcement from the LAO, both Senate and Assembly Budget Chairs released their funding priorities moving into 2022. Senate Budget Committee Priorities (Applicable to Carlsbad) • Building upon reserves to protect ongoing programs and to protect program integrity in the face of future economic downturns. • Utilize one-time funding opportunities for state infrastructure including for schools and higher education. • Address Housing Challenges: Homelessness, Affordable Housing, and Home Ownership. Jan. 11, 2022 Item #13 Page 71 of 85 Page | 14 • Sustain California: Enhance Climate, Environment, and Resource Protection; Strengthen Wildfire Mitigation and Response. Assembly Budget Committee Priorities (Applicable to Carlsbad) • Homelessness and affordable housing funding preservation • Monitor rental relief funds to ensure vulnerable tenants are not evicted • Ensure funds go out promptly to prevent wildfires and address the climate crisis • Improve public health infrastructure to protect Californians from COVID-19 and future pandemics • Establish accountability measures for CalAIM and the Children and Youth Behavioral Initiatives. While not directly impacting the City, one area of overlap that both the Senate and Assembly has announced is a plan to revise the State’s Gann limit. Limited information has been released, but the amount of budget surplus over the past two budget cycles has promoted the Legislature to look for more flexibility on surplus spending. Legislation in Response to Major Off-Shore Oil Spill The Huntington Beach Oil Spill has also raised some discussions with the lawmakers and the Administration for the upcoming 2022 legislative session. We can expect several pieces of legislation be introduced related to oil drilling such as off-shore and on-land in communities. On October 21, 2021, Governor Newsom spoke at a press conference along with health officials and state representatives regarding preventing oil drilling near communities to better the health of the people living near oil fields. In early December, Assemblymember Laurie Davies (R, Laguna Niguel) announced her intent to introduce a measure that will include the following provisions: • A vessel that strikes or thinks they strike a pipeline in state waters shall notify several state and federal agencies including The CA Department of Conservation, The Coast Guard, The Office of State Fire Marshal, The Office of Oil Spill Prevention and Response and the federal Pipeline and Hazardous Materials Safety Administration about the potential incident. • Failure to provide this notification is subject to a civil penalty of up to $50,000. In addition, if the struck pipeline leaks oil, the individual is subject to an additional $1,000 fine for every 1,000 gallons of oil spilled. Other Anticipated Legislative Proposals Coming in 2022 Based on meetings with legislative staff, administration officials and outside stakeholders, we anticipate new legislative proposals that touch on the following: o Housing conversion in vacant office/ retail locations. o Streamlining hotel conversions for homeless shelters. o Creation of a Homelessness Element Plan (similar to the housing element process for planning, site assessment and production of temporary homelessness shelters). o “Right to shelter” mandates. o Expansion of safe parking program—potentially new mandates attached. o Removing minimum parking requirements for housing developments near transit. o State loan program funds for ADU conversions. Jan. 11, 2022 Item #13 Page 72 of 85 Page | 15 o Economic Recovery: Regaining jobs lost to the pandemic will be critical for economic recovery. o Major Bonds Pending: Housing Bond, Climate Change Bond. o State Budget: Funding Priorities to be reassessed after projected 31 billion state surplus in 2022. o Brown Act: Potential to modernize certain provisions of the Ralph M. Brown Act. o Push for increased transportation funding for HSR and other regional rail projects. o Additional stormwater system requirements. o Ongoing battle between CCAs and IOUs on rates. ### INITIAL ASSESSMENT: POTENTIAL GRANT FUNDING OPPORTUNITIES1 Infrastructure Broadband Infrastructure Grant Account • Agency: Public Utilities Commission • Eligible Applicants: Entities with a Certificate of Public Convenience and Necessity (CPCN) that qualify as a “telephone corporation,” Wireless carriers who hold a Wireless Identification Registration (WIR), Non-telephone corporations that are facilities-based broadband service providers. A local government agency may apply if no other eligible entity in that jurisdiction applied. • Funding Uses: Costs directly related to the deployment of infrastructure; Costs to lease access to property or for internet backhaul services for a period not to exceed five years; Cost incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection. • Funding Amount: Maximum of $5,000,000. • Match Requirement: Varies based on project criteria. • Deadline: Typically, annually on April 1st. The Broadband Infrastructure Grant Account is one of several subaccounts under the California Advanced Services Fund (CASF). AB 156 provided historic investments in broadband infrastructure, with $300,000,000 transferred to the Broadband Infrastructure Grant Account. Projects that only deploy middle-mile infrastructure are not eligible for grant funding. For a project that includes middle-mile infrastructure, the Commission is required to verify that the proposed infrastructure is indispensable for accessing last-mile infrastructure. More information: https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/california- advanced-services-fund/casf-infrastructure-grant Environment, Energy, and Recycling Beverage Container Recycling Grant Program • Agency: CalRecycle 1 Please note that as part of our current scope of work, RPPG will meet with City officials and provide direction as to which state and federal programs may be suitable for the City. RPPG would be pleased to offer grant writing services for the City of Carlsbad for specific state and federal grant programs—however this would be considered an add-on service requiring a service agreement addendum. Jan. 11, 2022 Item #13 Page 73 of 85 Page | 16 • Eligible Applicants: Cities, Counties, Other Local Government Entities, Special Districts, Public Colleges and universities, K-12 School Districts, Nonprofit Organizations, Joint Powers Authorities, and federally recognized Native American Tribes. • Funding Uses: New programs or enhancements to existing programs to provide convenient beverage container recycling in multi-family residential dwellings (five units or more), public colleges/universities, non-profit colleges/universities, public K-12 school districts, Curbside Residential Program locations, community events, parks and recreational areas. Funds can be used to purchase water refill stations, including the installation, education and outreach, or replacement of infrastructure, plumbing maintenance, additional attachments or modifications. • Funding Amount: Up to $250,000 per award, minimum of $75,000. • Funding Cycle: Funding anticipated for FY 22-23. The Beverage Container Recycle Grant Program provides opportunities to promote increased recycling of beverage containers throughout California and reduce the beverage container litter in the waste stream. More information: https://www.calrecycle.ca.gov/BevContainer/Grants/BevContainer Coastal Conservancy Grants • Agency: Coastal Conservancy • Eligible Applicants: Public agencies, Non-profit organizations, and federally recognized Native American tribes. • Funding Amount: No maximum or minimum amount. • Deadline: Ongoing Each year, the Coastal Conservancy provides grants for projects that restore and protect the California coast, increase public access to it, and increase communities’ resilience to climate change. Grants are awarded through a standing pre-proposal solicitation and through scheduled grant rounds with specific submission deadlines. More information: https://scc.ca.gov/2019/10/08/grant-application-and-award-process/ California Lending for Environmental Needs (CLEEN) • Agency: California Infrastructure and Economic Development Bank (IBank) • Funding Amount: Direct loans in amounts from $500,000 - $30,000,000. • Deadline: Ongoing. Statewide Energy Efficiency Program (SWEEP) • Eligible Applicants: Cities, Counties, Special Districts, Assessment Districts, Joint Powers Authorities, Non-profit Corporations (as deemed eligible), Municipalities, Public Universities, Public Schools, and Public Hospitals. • Funding Uses: Advanced metering systems; Data center, information technology, communications energy efficiency; Energy management and/or control systems; Demand response programs; Water conservation, wastewater management, pipeline, Jan. 11, 2022 Item #13 Page 74 of 85 Page | 17 mining/extraction, and similar end-use processes, facilities, buildings, and infrastructure; Lighting and control systems; Heating, ventilation and air conditioning systems (HVAC); Building envelope improvements; Occupant plug load management systems; Other electrical load reduction; Thermal and electric energy storage. Financial assistance may be provided for designing, acquiring, planning, permitting, entitling, constructing, improving, extending, restoring, financing, and generally developing an eligible facility. Light Emitting Diode Street Lighting Program (LED Program) • Agency: California Infrastructure and Economic Development Bank (IBank) • Eligible Applicants: Municipalities, Universities, Schools, and Hospitals. • Funding Uses: Installation of LED street lights. The CLEEN Center provides direct public financing to help meet the State’s goals for greenhouse gas reduction, water conservation and environmental preservation. More information: https://ibank.ca.gov/climate-financing/cleen-programs/ Fire Response and Wildfire Mitigation Fire Prevention Grants Program • Agency: California Department of Forestry and Fire Prevention (CAL FIRE) • Eligible Applicants: State Agencies, Federal Agencies, Cities, Counties, Fire Districts, Community Service Districts, Water Districts, Resource Conservation Districts, Special Districts, Certified Community Conservation Corps, Fire Safe Councils with a 501(c)(3) designation, federally recognized Native American Tribes, and other Nonprofit Organizations with a 501(c)(3) designation. • Funding Uses: Vegetation clearance in critical locations; Creation or maintenance of fuel breaks in strategic locations; Removal of ladder fuels; Creation of community-level fire prevention programs; Selective tree removal; Modification of vegetation adjacent to roads; Reduction of fuel loading around critical infrastructure; Purchase of fuel modification equipment not to exceed $250,000; Purchase of supplies; Projects to improve compliance with defensible space requirements through increased inspections and assistance for low- income residents; Removal of dead and dying trees; Workshops, meetings, materials creation, and other educational activities; Educate the public on wildfire mitigation and risk reduction strategies; Wildfire risk or related mapping; Creation or update of strategic wildfire planning documents; Research to determine standards for structural codes and regulations; Development of evacuation plans; Creation or updates to wildfire mitigation plans. • Funding Amount: No maximum amount for grant requests. • Match Requirement: Local match is encouraged, but not required. • Deadline: 2/9/2022 The Fire Prevention Grants Program provides funding for fire prevention projects and activities in and near fire threatened communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions. Jan. 11, 2022 Item #13 Page 75 of 85 Page | 18 More information: https://www.fire.ca.gov/grants/fire-prevention-grants/ Fire Prevention and Safety Grant Program (FP&S) • Agency: Federal Emergency Management Agency (FEMA) • Eligible Applicants: Fire Departments; National, regional, state, local, tribal, and non-profit interest organizations; Institutions of Higher Education; Public Health Organizations; Occupational Health and Injury Prevention Institutions. • Funding Uses: Community Risk Reduction; Wildfire Risk Reduction; Code Enforcement/Awareness; Fire and Arson Investigation; National/State/Regional Programs and Projects; Clinical Studies; Technology and Product Development; Database System Development; Dissemination and Implementation Research; Preliminary Studies; Early Career Investigator. • Funding Amount: Up to $1,500,000 per award. Research and Development applicants applying under the Early Career Investigator category are limited to a maximum federal share of $75,000 per project year. • Match Requirement: 5% of the grant award. • Funding Cycle: Anticipated Winter 2022 The Fire Prevention and Safety Grant Program (FP&S) provides financial assistance for fire prevention programs and programs that support firefighter health and safety research and development. Organizations can apply under one of two categories: Fire Prevention and Safety or Research and Development. More information: https://www.fema.gov/grants/preparedness/firefighters/safety- awards/documents Hazard Mitigation Grant Program (HMGP) • Agency: California Governor’s Office of Emergency Services (CalOES) • Eligible Applicants: State Agencies, Local Governments, Special Districts, and federally recognized Native American Tribes. Applicants must have a FEMA-approved and locally adopted Local Hazard Mitigation Plan (LHMP). • Funding Uses: Updates to Local Hazard Mitigation Plans; Wildfire Projects; Whole Community Risk Reduction; Large Critical Infrastructure Wildfire Projects; Large Critical Infrastructure Projects for Other Hazard Types; Planning Related Activities; Five Percent Initiative Projects. • Funding Amount: No maximum or minimum amount. • Match Requirement: 25% of the total project cost. • Deadline: Notice of Interest (NOI) letters solicited periodically as new funding becomes available from FEMA. The Hazard Mitigation Grant Program (HMGP) provides funding to address the risk of future natural disasters as part of the response to federally declared disaster codes through FEMA. Projects should be related to the jurisdiction’s Local Hazard Mitigation Plan (LHMP). If a jurisdiction does not have Jan. 11, 2022 Item #13 Page 76 of 85 Page | 19 an LHMP, they are eligible to apply for grant funds to develop one ($150,000 for single jurisdiction plans, $250,000 for multi-jurisdiction plans). More information: https://www.caloes.ca.gov/cal-oes-divisions/recovery/disaster-mitigation- technical-support/404-hazard-mitigation-grant-program Wildfire Resilience Program • Agency: California Coastal Conservancy • Eligible Applicants: Public Agencies, Nonprofit 501(c)(3) organizations, and federally recognized Native American Tribes located in the Coastal Conservancy’s jurisdiction. • Funding Uses (On-the-Ground): Shaded fuel breaks and other vegetation thinning; Dead and diseased tree removal; Use of beneficial fire to reduce risk; Application of Traditional Ecological Knowledge to reduce fire risks; Prescribed grazing; Removal of high-fire risk invasive plants and restoration with native plants; Equipment to support wildfire reduction; Chipping; Other activities identified in fire risk management plans. • Funding Uses (Capacity Building): Development of subregional prioritization plans; Planning and permitting specific projects; Mapping, modeling, and demonstration of decision- support systems; Use of remote sensing, LIDAR, GIS, and other technology to identify risk reduction priorities; Workforce development including career development training programs; Regional coordination and convenings; Increasing staff or contract expertise to support project management, expanding field crews, staff training, permitting and environmental review, and grant writing and developing funding strategies. • Funding Amount: No maximum amount for grant requests. • Match Requirement: No match requirement. • Deadline: Pre-applications due 1/14/2022 by 5:00pm. Pre-applications submitted after this date will continue to be reviewed on a rolling basis. The Wildfire Resilience Program supports local partners to develop and implement projects that improve ecological health of natural lands and reduce the risk of catastrophic fire. The Conservancy will fund a wide range of activities to plan, accelerate, and support implementation of land and vegetation management activities to reduce wildfire risk to communities. Grants will not fund home hardening. Projects must provide a public benefit. More information: https://scc.ca.gov/2021/12/03/rfp-for-wildfire-resilience-projects-announced/ Water Quality and Conservation Water Recycling Funding Program (WRFP) • Agency: State Water Resources Control Board • Eligible Applicants: Local public agencies (including Special districts and Joint Powers Authorities), Non-profit organizations with 501(c)(3) status, public utilities, federally recognized Native American Tribes, state recognized Native American Tribes, and Mutual water companies. Only local public agencies can apply for Planning Grants. • Funding Uses: Construction of recycled water treatment facilities, storage facilities, pumping facilities, and groundwater recharge facilities; Construction of recycled water distribution systems; Planning, design, construction management, value engineering, and project Jan. 11, 2022 Item #13 Page 77 of 85 Page | 20 administration; Development, construction, and monitoring of a pilot-scale or demonstration-scale plant; Emergency backup water supply for the recycled water system; Contingency for change orders; Feasibility studies. • Funding Amount: Construction Grants will cover 35% of the construction cost for a project (either a reasonable estimate or final construction cost). Other categories do not have a set maximum amount. • Match Requirement: 50% of the total project cost, 65% of the total project cost for Construction Grants. • Deadline: Ongoing. The Water Recycling Funding Program (WRFP) promotes the beneficial use of treated municipal wastewater (water recycling) in order to augment fresh water supplies in California by providing technical and financial assistance to agencies and other stakeholders in support of water recycling projects and research. Applicants can request either a Planning Project, Construction Project, Research Project, or Pilot Project designation. More information: https://www.waterboards.ca.gov/water_issues/programs/grants_loans/water_recycling/ Water and Energy Efficiency Grants (WEEG) • Agency: U.S. Bureau of Reclamation • Eligible Applicants: States, federally recognized Native American Tribes, Irrigation Districts, Water Districts, Regional Authorities, Local Government Entities with water or power delivery authority, other organizations with water or power delivery authority, Nonprofit conservation organizations acting in partnership with an entity that has water or power delivery authority. • Funding Uses: Canal Lining/Piping; Municipal Metering; Irrigation Flow Measurement; Supervisory Control and Data Acquisition and Automation; Landscape Irrigation Measures; High-Efficiency Indoor Appliances and Fixtures; Commercial Cooling Systems; Installing New Hydropower Facilities; Increasing capacity of existing Hydropower Facilities; Restoring functionality for a Hydropower Facility; Installing solar-electric, wind energy, or geothermal power systems. • Funding Amount: Maximum of $500,000 (Funding Group I), Maximum of $2,000,000 (Funding Group II). • Match Requirement: 50% of the total project cost. • Performance Period: Projects funded under Funding Group I should be completed within two years. Projects selected under Funding Group II may be funded on an annual basis, for a period of up to 3 years. • Funding Cycle: Application period closed 11/3/2021. FY 22 funding TBD. The Water and Energy Efficiency Grants (WEEG) program provides funding for projects that result in quantifiable water savings, implement renewable energy components, and support broader sustainability benefits. These projects conserve and use water more efficiently, increase the production of renewable energy, mitigate conflict risk in areas at high risk of future water conflict, and accomplish other benefits that contribute to sustainability in the western United States. Jan. 11, 2022 Item #13 Page 78 of 85 Page | 21 Applicants may apply for funding under both Funding Group I and Funding Group II in the same competition, but an individual applicant can only be awarded up to $2,000,000. Units of government apply for funding through Category A, nonprofit conservation organizations apply for funding through Category B. More information: https://www.grants.gov/web/grants/view-opportunity.html?oppId=335103 Clean Water State Revolving Fund (CWSRF) • Agency: State Water Resources Control Board • Eligible Applicants: Public Agencies, Nonprofit Organizations, Private Entities, federally or state recognized Native American Tribes. • Funding Uses: Publicly-owned treatment works; Nonpoint source projects; National estuary program projects; Decentralized wastewater treatment systems; Storm water projects; Water conservation; Watershed projects; Energy conservation; Water reuse projects; Security measures at publicly-owned treatment works; Technical assistance. • Funding Amount: Maximum amount based on borrower’s ability to repay loan. • Deadline: Ongoing. The Clean Water State Revolving Fund (CWSRF) provides low-interest, long-term loans to support critical water infrastructure needs throughout California. More information: https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/ Urban and Multibenefit Drought Relief Program • Agency: California Department of Water Resources • Eligible Applicants: Public agencies; Public utilities; Special districts; Colleges and universities; Mutual water companies; Regional water management groups; Nonprofit organizations; Federally recognized Native American Tribes; State recognized Native American Tribes. • Funding Uses: Temporary mitigation measures (Hauled water; Temporary community water tanks; Bottled water; Water vending machines; Emergency water interties); Projects that create reliable water supply sources; New wells or rehabilitation of existing wells; Water system storage; Replace aging and leaking pipelines; Backup power sources for system operation; Reasonable cost of studies; Project implementation costs (Engineering; Design; Project Construction; Land Acquisition; Other work directly related to the project). • Funding Amount: No minimum or maximum amount specified. • Match Requirement: No match requirement, but local cost share is encouraged. • Performance Period: Projects must be complete by March 2026. • Deadline: Applications will be accepted on a rolling basis, with awards made in batches. $300M allocated in the 2021 State Budget. The Urban and Multibenefit Drought Relief Program is one of two Department of Water Resources’ (DWR’s) Drought Relief Grant Programs that offers financial assistance to address drought impacts through implementation of projects with multiple benefits. Urban water suppliers defined as those that provide drinking water with 3,000 connections or more or more than 3,000 acre-feet per year. Jan. 11, 2022 Item #13 Page 79 of 85 Page | 22 Eligible communities must be in a county named in one of the Governor’s emergency drought proclamations or must be in an area determined by the State Water Resources Control Board (SWRCB) where drought conditions necessitate urgent and immediate action. More information: https://water.ca.gov/Water-Basics/Drought/Urban-Multi-Benefit- Drought?mc_cid=e986db1d14&mc_eid=e1095a9390 Transportation Infrastructure for Rebuilding America (INFRA) • Agency: U.S. Department of Transportation – Build America Bureau • Eligible Applicants: States or groups of States, Metropolitan Planning Organizations that serve Urbanized areas with populations greater than 200,000, Units of local government or groups of local governments, Special Districts or Public Authorities with transportation functions, federally recognized tribal governments or consortiums of tribal governments, and multi-state or multijurisdictional groups of public entities. • Funding Uses: Highway freight projects; Highway or bridge projects carried out on the National Highway System; Railway-highway grade crossing or grade separation projects; Intermodal or rail freight projects; Surface transportation infrastructure projects within the boundaries of a public or private freight rail, water (including ports), or intermodal facilities. • Funding Amount: No maximum award amount. • Match Requirement: 40% of the total project cost. • Funding Cycle: Annually, typically due in Q1 of the calendar year. Funds may be used for construction, reconstruction, rehabilitation, acquisition of property, environmental mitigation, construction contingencies, equipment acquisition, and operational investments directly related to system performance. Applications can be submitted under either the Large Project or Small Project designations. More information: https://www.transportation.gov/buildamerica/financing/infra- grants/infrastructure-rebuilding-america Railroad Crossing Elimination Program • Agency: U.S. Department of Transportation • Eligible Applicants: States, federally recognized Native American Tribes, Units of local government or a group of local governments, Public Port Authorities, Metropolitan Planning Organizations, or a consortium of eligible entities. • Funding Uses: Grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof; Track relocation; Improvement or installation of protective devices, signals, signs or other measure to improve safety that are related to a separation or relocation project; Other means to improve the safety and mobility of people and goods at highway-rail grade crossings. • Funding Amount: No maximum award amount. No minimum amount specified for Planning Grants. Minimum of $1,000,000 for Construction Grants. • Match Requirements: 20% of the total project cost. • Funding Cycle: TBD. Jan. 11, 2022 Item #13 Page 80 of 85 Page | 23 The Railroad Crossing Elimination Program is a new competitive grant program created by the Bipartisan Infrastructure and Jobs Act. This program will provide funds for the elimination of hazards at railway-highway crossings. Funding will be available for both Construction Grants and Planning Grants. Highway Safety Improvement Program (HSIP) • Agency: California Department of Transportation (Caltrans) • Eligible Applicants: Cities, Counties, and Tribal Governments. • Funding Uses: Preliminary Engineering; Environmental Studies; Preparation of Plans, Specifications, and Estimates; Engineering; Appraisal and Acquisition; Utility relocation; Construction Engineering; Construction Costs. • Funding Amount: Up to $10,000,000, minimum of $100,000. • Match Requirement: 10% of the total project cost. • Deadline: 10/1/2022. The Highway Safety Improvement Program (HSIP) is one of the core federal aid programs for transportation projects. HSIP funds are eligible for work on any public road or publicly owned bicycle or pedestrian pathway trail, or on tribal lands for general use of tribal members, that improves the safety for its users. Projects funded under HSIP must be consistent with California’s Strategic Highway Safety Plan (SHSP). For a project to be eligible for HSIP funding, a specific safety problem must be identified, and the proposed countermeasure(s) must substantially address the condition. All proposed projects must lead to and complete the construction of safety improvements. Applicants must have adopted a Local Road Safety Plan (LRSP) or equivalent planning document to be eligible for funding. More information: https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/highway- safety-improvement-program Public Safety Justice and Mental Health Collaboration Program (JMHC) • Agency: Department of Justice – Bureau of Justice Assistance (BJA) • Eligible Applicants: Cities, Counties, federally recognized Native American Tribal Governments, Public and State controlled Institutions of Higher Education. • Funding Uses: Support the operation of mental health drop-off crisis stabilization treatment centers; Increase community capacity for mental health advocacy and wraparound services; Provide programmatic support and capacity building for criminal justice professionals to target individuals with severe mental health needs. • Funding Amount: Maximum of $550,000. • Match Requirement: 20% of the total project cost. • Performance Period: 3 years. • Funding Cycle: Anticipated Spring 2022. The Justice and Mental Health Collaboration Program (JMHC) supports cross-system collaboration to improve public safety responses and outcomes for individuals with mental illnesses or co- occurring mental illness and substance abuse who come into contact with the justice system. This Jan. 11, 2022 Item #13 Page 81 of 85 Page | 24 program supports public safety efforts through partnerships with social services and other organizations that will enhance responses. Applicants are strongly encouraged to review BJA’s concept paper on adopting systems-wide strategies. More information: https://bja.ojp.gov/funding/opportunities/o-bja-2021-95004 Law Enforcement Mental Health and Wellness Act Program (LEMHWA) • Agency: Department of Justice – Office of Community Oriented Policing • Eligible Applicants: Cities, Counties, federally recognized Native American Tribal Governments, State Governments. • Funding Uses: Officer peer support; Mental health awareness and training; Family mental health resources; Suicide awareness and prevention; Other promising practices that improve access to mental health services for law enforcement officers. • Funding Amount: Up to $125,000 over 24 months. • Match Requirement: No match requirement. • Funding Cycle: Anticipated Summer 2022. The Law Enforcement Mental Health and Wellness Act (LEMHWA) program will fund projects that develop knowledge; increase awareness of effective mental health and wellness strategies; increase the skills and abilities of law enforcement; and increase the number of law enforcement agencies and relevant stakeholders using peer support, training, family resources, suicide prevention, and other promising practices for wellness programs. More information: https://cops.usdoj.gov/lemhwa Tobacco Grant Program • Agency: Office of the Attorney General • Eligible Applicants: Public agencies with authority to enforce California’s tobacco laws, including law enforcement agencies, Cities, Counties, School Districts, and Community College Districts. • Funding Uses: Retailer compliance checks; Retailer training programs; Public education outreach; Parent engagement and education; Tobacco retail license inspections; Preventing and deterring use of tobacco products on school premises; Hiring an officer to focus on tobacco enforcement and education efforts; Other enforcement efforts. • Funding Amount: No maximum or minimum funding amount. • Match Requirement: No match requirement. • Performance Period: 24 – 36 months. • Funding Cycle: Anticipated April 2022. The Tobacco Grant Program aims to promote a healthier California by reducing illegal sales and marketing of cigarettes and tobacco products, including e-cigarettes, to minors. Grantees may use grant funds to enforce a local ordinance or state law related to the illegal sale and marketing of tobacco products, including e-cigarettes, to minors and youth. Eligible agencies may submit one individual application, and may submit one or more joint applications in attrition to, or in lieu of, an Jan. 11, 2022 Item #13 Page 82 of 85 Page | 25 individual application. The Department will prioritize funding of personnel over funding of equipment and other expenditures. More information: https://oag.ca.gov/tobaccogrants Housing Local Early Action Planning Grants (LEAP) • Agency: California Department of Housing and Community Development (CalHCD) • Eligible Applicants: Local government entities only. Can include partnerships with other localities, regional governments, housing authorities, school districts, special districts, community-based organizations, or Tribal governments. • Funding Uses: Rezoning; Upzoning to intensify land use patterns in strategic locations; Updating planning documents and zoning ordinances; Completing environmental clearance to eliminate the need for project-specific review; Establishing housing incentive zones; Performing infrastructure planning to support new housing and new residents; Revamping local planning processes to speed up housing production; Developing or improving an accessory dwelling unit ordinance; Planning documents for a smaller geography with a significant impact on housing production; Establishing pre-approved architectural and site plans; Preparing and adopting Housing Elements of the General Plan to facilitate compliance with the sixth cycle RHNA; Zoning for by-right supportive housing; Zoning incentives for housing for persons with special needs; Planning documents related to a local or regional housing trust fund; Environmental hazard assessments; Other planning documents or process improvements that demonstrate an increase in housing-related planning activities and facilitate accelerating housing production; Establishing Prohousing Policies. • Funding Amount: Up to $150,000. • Deadline: Proposals Currently Accepted Over-the-Counter. The LEAP program provides one-time grant funding to regions and jurisdictions for technical assistance, preparation and adoption of planning documents, and process improvements designed to accelerate housing production and facilitate compliance with the sixth cycle of the regional housing need assessment (RHNA). CalHCD encourages applicants to consider using LEAP funds to facilitate designation as a Prohousing jurisdiction. More information: https://www.hcd.ca.gov/grants-funding/active-funding/leap.shtml Affordable Housing and Sustainable Communities (AHSC) • Agency: California Strategic Growth Council • Eligible Applicants: Cities; Public Housing Authorities; Redevelopment Successor Agencies; Transit Agencies or Transit Operators; Congestion Management Agencies; Joint Powers Authorities; School Districts; Facilities Districts; Universities; Community College Districts; Developers or Program Operators; Special Purpose Entities formed and controlled by the Developer; federally recognized Native American Tribes. • Funding Uses: Land acquisition; Affordable Housing Development Projects; Housing-Related Infrastructure Projects; Sustainable Transportation Infrastructure Projects; Transportation- Related Amenities Projects. Projects must fall under one of three eligible areas: 1) Transit- Jan. 11, 2022 Item #13 Page 83 of 85 Page | 26 Oriented Development Project Areas, 2) Integrated Connectivity Project Areas, or 3) Rural Innovation Project Areas. • Funding Amount: Maximum of $30,000,000 as a grant award, loan, or combination thereof. Minimum of $1,000,000. • Match Requirement: No match requirement. • Funding Cycle: Anticipated Summer 2022 The AHSC Program is designed to implement GHG emissions reductions through a reduction of vehicle miles travelled (VMT), or fewer and shorter auto-trips. The AHSC Program will fund integrated land use and transportation projects supporting low-carbon transportation options. Promoting mode shift to low-carbon transportation will require strategies that link residential areas, major employment centers and other Key Destinations to accessible, reliable, affordable, safe, and comfortable transit, and active transportation options. More information: https://www.hcd.ca.gov/grants-funding/active-funding/ahsc.shtml Infill Infrastructure Grant (IIG) • Agency: California Department of Housing and Community Development (CalHCD) • Eligible Applicants: Cities; Public Housing Authorities; Redevelopment Successor Agencies; Transit Agencies or Transit Operators; Congestion Management Agencies; Joint Powers Authorities; School Districts; Facilities Districts; Universities; Community College Districts; Developers or Program Operators; Special Purpose Entities formed and controlled by the Developer; federally recognized Native American Tribes. • Funding Uses: Creation, Development, or Rehabilitation of Parks or Open Space; Water, Sewer, or Other Utility Service Improvements; Street, Road, and Bridge Construction and Improvement; Structured Parking; Transit Linkages and Facilities; Facilities that support pedestrian or bicycle transit; Traffic Mitigation Measures; Site Clearance, Grading, Preparation, and Demolition necessary for the development; Sidewalk or Streetscape Improvements; Storm Drains, Stormwater Detention Basins, Culverts, and Similar Drainage Features; Environmental Remediation (no more than 50% of the award); Land Acquisition; Soft costs directly related to construction or other pre-development components (no more than 10% of the award); Other Capital Asset costs approved by the Department; Impact Fees (no more than 5% of the award). • Funding Amount: Maximum of $7,500,000 for Qualifying Infill Projects, minimum of $1,000,000 (urban areas)/ $500,000 (rural areas). Maximum of $30,000,000 for Qualifying Infill Areas, minimum of $2,000,000 (urban areas)/$1,000,000 (rural areas). • Match Requirement: No match requirement. • Funding Cycle: Draft 2022 guidelines released for public comment. The Infill Infrastructure Grant (IIG) program’s primary objective is to promote infill housing development by providing financial assistance for Capital Improvement Projects that are an integral part of or necessary to facilitate the development of a Qualifying Infill Project or a Qualifying Infill Area. All applications must include a Qualifying Infill Project. More information: https://www.hcd.ca.gov/grants-funding/active-funding/iigp.shtml Jan. 11, 2022 Item #13 Page 84 of 85 Page | 27 Multifamily Housing Program (MHP) • Agency: California Department of Housing and Community Development (CalHCD) • Eligible Applicants: Local public entities; Individual ventures; Joint ventures; Partnerships; Limited partnerships; Trusts; Corporations; Limited liability companies; Tribal entities; or any combination thereof. • Funding Uses: Property acquisition; Refinancing existing long-term debt involving a rehabilitation contract; Land lease payments; Construction and Rehabilitation work; Offsite improvements directly related to and required by the Rental Housing Development; Onsite improvements related to the Rental Housing Development; Architectural, appraisal, engineering, legal, and other consulting costs and fees; Rent-Up Costs; Developer fees; Carrying costs; Building permits and state and local fees; Capitalized operating and capitalized replacement reserves; Escrow, title insurance, recording and other related costs; Costs for items intended to ensure the completion of construction; Environmental hazard reports, surveys, and investigations; Costs of relocation benefits and assistance; Any other costs of Rehabilitation or new construction approved by the Department. • Funding Amount: Calculated per unit based on various factors, such as type of unit and the use of tax credits. • Funding Cycle: Draft 2022 guidelines released for public comment. The Multifamily Housing Program (MHP) provides financing options to assist the new construction, rehabilitation, and preservation of permanent and transitional rental housing for lower income households. The initial term of the loan shall be 55 years. The MHP loan amount shall not exceed the total eligible costs required. More information: https://www.hcd.ca.gov/grants-funding/active-funding/mhp.shtml END OF REPORT ### Jan. 11, 2022 Item #13 Page 85 of 85 Jason Haber Intergovernmental Affairs Director January 11, 2022 2022 Legislative Platform and Program Update {city of Carlsbad PROPOSED ACTION •Adopt a resolution approving the City of Carlsbad 2022 Legislative Platform. •Direct staff to advocate for two city- sponsored legislative proposals and funding. •Receive a presentation on state legislative & budget activity and provide feedback. ITEM 13: Legislative Update { City of Carlsbad 2022 LEGISLATIVE PLATFORM APPROVAL •City Council Policy 39 / Resolution 2019-137 •Legislative Subcommittee annual review •City Council approves changes as needed •Departmental/Consultant review and input ITEM 13: Legislative Update { City of Carlsbad 2022 LEGISLATIVE PLATFORM APPROVAL •Recommend approval with corrections to pages 1 & 2 •20212 Legislative Priorities 1. COVID-19 Pandemic -Economic Relief and Recovery 2. Economic Revitalization 3. Housing and Homelessness4. Mobility5. Public Health and Safety6. Sustainability •20212 Legislative Platform: Position Statements ITEM 13: Legislative Update { City of Carlsbad STATE BUDGET REQUESTS •Opportunity for legislators to request state budget appropriations •Identified priority projects in need of funding and aligned with state priorities •Multi-year effort ITEM 13: Legislative Update { City of Carlsbad STATE BUDGET REQUESTS •Carlsbad Village railroad trench •Coastline Park planning and development •El Camino Real widening projects •Fire Station 7 •Homeless services programs •Regional beach sand replenishment •Interstate 5-adjacent traffic signal synchronization •Veterans Park construction ITEM 13: Legislative Update { City of Carlsbad STATE LEGISLATIVE PROPOSALS 1.Allow USLA-certified lifeguards (ocean lifeguards) to perform services at public pools. 2.Clarify requirements for operating city-owned ocean rescue vessels. ITEM 13: Legislative Update { City of Carlsbad