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Home My WebLink About2022-05-10; City Council; ; State Legislative Update and Legislative Platform Amendment in Support of Proposed Changes to the Ralph M. Brown ActCA Review CKM Meeting Date: May 10, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jason Haber, Intergovernmental Affairs Director jason.haber@carlsbadca.gov, 442-339-2958 Subject: State Legislative Update and Legislative Platform Amendment in Support of Proposed Changes to the Ralph M. Brown Act Districts: All Recommended Action 1.Receive a presentation on state legislative and budget activity and the city’s recent and ongoing advocacy efforts and provide feedback as appropriate. 2.Adopt a resolution approving an amendment to the City of Carlsbad 2022 Legislative Platform to include four position statements in support of reforms to the Ralph M. Brown Act that would ease local jurisdictions’ ability to conduct hybrid style meetings. Executive Summary This item is a presentation on state legislative and budget activity and the city’s recent and ongoing legislative advocacy efforts. This item also presents a proposed amendment to the City of Carlsbad 2022 Legislative Platform to include four position statements in support of Brown Act reforms that would ease local jurisdictions’ ability to conduct hybrid style (in-person and virtual) meetings, as recommended by the City Council Legislative Subcommittee for adoption by the City Council. Discussion State legislative update Staff and the city’s legislative consultants from the Renne Public Policy Group will present an update and overview of state legislative and budget activity (Exhibit 1) and the priority legislation being tracked on behalf of the city (Exhibit 2). May 10, 2022 Item #12 Page 1 of 103 In accordance with the positions established in the City of Carlsbad 2022 Legislative Platform and the recommendations of the City Council Legislative Subcommittee, position letters (Exhibit 3) have been submitted to state legislative committees and legislative offices on the following bills, with the city’s position as noted: Sponsor Topic City position Senate bills SB 54 Allen Plastic Pollution Producer Responsibility Act Support SB 513 Hertzberg Homeless shelters grants: pets and veterinary services Support SB 897 Wieckowski Accessory dwelling units Oppose SB 1157 Hertzberg Indoor residential water use Oppose unless amended Assembly bills AB500 Ward Local planning: coastal development: streamlined permitting Oppose AB 1672 Boerner Horvath Public swimming pools: Lifeguards Support (Sponsor) AB 1682 Boerner Horvath Vessels: Public safety activities Support (Sponsor) AB 1737 Holden Children’s camps local registration and inspections Oppose AB 2097 Friedman Residential and commercial parking requirements Oppose At the Legislative Subcommittee’s meeting on April 29, 2022, the subcommittee also recommended submitting additional position letters, as follows: Sponsor Topic City position Senate bills SB 1338 Umberg CARE court program* Support SB 1105 Hueso San Diego Regional Affordable Housing Finance Agency Oppose * CARE Court is a proposed framework to deliver mental health and substance use disorder services to the most severely impaired Californians who are homeless or incarcerated without the treatment they desperately need. May 10, 2022 Item #12 Page 2 of 103 Staff and the Legislative Subcommittee continue to evaluate bills that may impact city operations and policy priorities, which will be presented to the City Council for future discussion and decisions on the city’s positions on the measures. Legislative platform amendment The city’s legislative platform outlines the adopted positions of the City Council. On April 29, 2022, the City Council Legislative Subcommittee unanimously agreed to recommend that the City Council approve the proposed amendments, which have been incorporated and highlighted with underlines in the proposed revisions to City of Carlsbad 2022 Legislative Platform (Exhibit 4). The resolution in Exhibit 5 presents the amended City of Carlsbad 2022 Legislative Platform for City Council approval. At its meeting on March 15, 2022, the subcommittee expressed an interest in supporting AB 1944 (Lee) and AB 2449 (Blanca Rubio), two bills that propose reforms to the Ralph M. Brown Act, the state’s public meetings law. This law requires that, with specified exceptions, all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend and participate. AB 1944 This proposed law would require the legislative body’s agenda to identify any member of the legislative body that will participate in the meeting remotely. The bill would also require an updated agenda listing all of the members participating in the meeting remotely to be posted if a member of the legislative body elects to participate in the meeting remotely after the agenda is posted. This bill would authorize a member, under specified circumstances and upon a determination by a majority vote of the legislative body, to be exempt from identifying the address of the member’s teleconference location in the notice and agenda or having the location be accessible to the public if the member elects to teleconference from a location that is not a public place. This bill would require all open and public meetings of a legislative body that elects to use teleconferencing to provide a video stream accessible to members of the public and an option for members of the public to address the body remotely during the public comment period through an audio-visual or call-in option. This bill would repeal these provisions on Jan. 1, 2030. AB 2449 This bill would authorize a local agency to use teleconferencing without complying with those specified teleconferencing requirements if at least a quorum of the members of the legislative body participates in person from a singular location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. The bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for disruptions. The bill would require the legislative body to implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with federal law. May 10, 2022 Item #12 Page 3 of 103 Legislative Subcommittee’s recommendation While both of these bills would provide greater flexibility and options for conducting local agency meetings, the city’s legislative platform does not contain a position statement that provides a clear basis for taking positions on them. The Legislative Subcommittee has recommended that the City Council adopt a proposed legislative platform amendment to include the following position statements in support of Brown Act reforms that would ease local jurisdictions’ ability to conduct hybrid style meetings, that is that are both in person and virtual: • Support legislation that would increase civic participation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions to participate virtually (after the COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act. • Support legislation that would permit a minority number of City Council members to virtually participate in meetings without having physical location posting requirements, so long as a physical in-person meeting quorum is present. • Support state funding efforts to assist with enhanced public access for members of the community. • Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements. Fiscal Analysis This item has no fiscal impact. Next Steps Staff, the Legislative Subcommittee and the city’s legislative consultants will continue to be guided by the adopted City of Carlsbad 2022 Legislative Platform in addressing various intergovernmental and legislative matters that may impact the city. 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. Therefore, it does not require environmental review. 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. Renne Public Policy Group Legislative update memo 2. Priority legislation list – May 4, 2022 3. 2022 City of Carlsbad position letters 4. Proposed revisions to City of Carlsbad 2022 Legislative Platform 5. City Council Resolution approving the amended City of Carlsbad 2022 Legislative Platform May 10, 2022 Item #12 Page 4 of 103 Exhibit 1 May 4, 2022 To: City of Carlsbad Mayor and City Council From: Renne Public Policy Group Sharon Gonsalves, Director of Government Affairs Dane Hutchings, Managing Director Re: State Legislative Update April 29 was the last for policy bills that have been keyed fiscal to pass policy committees. Several contentious bills failed to be voted on prior to the deadline including: AB 2932 (Low) This bill proposed a thirty-two hour work week. The bill had been referred to the Assembly Labor and Employment Committee but missed the April 29 deadline for legislative policy committees to send it along for consideration by fiscal committees. AB 1993 (Wicks) This bill would have required California businesses to require their employees and independent contractors receive the COVID-19 vaccine. The author did not advance the bill stating the threat of COVID was entering a new and less threatening phase. AB 1464 (Pan) This bill would have required sheriffs and police officers to enforce public health orders by State or County health officials. The Senate Health Committee placed a hearing of this bill on April 26, however the day of the committee the bill was withdrawn from consideration. UPCOMING LEGISLATIVE DEADLINES •April 29: Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house. •May 6 Last day for policy committees to hear and report to the floor nonfiscal bills introduced in their house (J.R. 61(b)(6)). •May 13 Last day for policy committees to meet prior to May 31 (J.R. 61(b)(7)). •May 20 Last day for fiscal committees to hear and report to the floor bills introduced in their house (J.R. 61 (b)(8)). Last day for fiscal committees to meet prior to May 31 (J.R. 61 (b)(9)). •May 23-27 Floor session only. No committee may meet for any purpose except for Rules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees (J.R. 61(b)(10)). •May 27 Last day for each house to pass bills introduced in that house (J.R. 61(b)(11)). •May 31 Committee meetings may resume (J.R. 61(b)(12)). May 10, 2022 Item #12 Page 5 of 103 (cityof Carlsbad Califo rn ia RPPG Renne Public Policy Group A n.,,;...,.,,.,,JR"'M>f!f'IA>lil,/~;,, G11Mq1• CITY SPONSORED LEGISLATION AB 1672 (Boerner Horvath) Public Swimming Pools: lifeguards. This bill sponsored by the City of Carlsbad would authorize lifeguards who are certified by the United States Lifesaving Association (USLA) to provide services at municipal operated swimming pools. The measure advanced off the Assembly floor on May 2, 2022 with a vote of 68-0 and is now in the Senate Rules Committee awaiting referral to Senate policy committees. AB 1682 (Boerner Horvath) Public safety: Speeding vessels: lifeguard rescue vessels. This bill is joint authored by Assemblymember Chris Ward and co-sponsored by the City of San Diego. The measure was passed out of the Assembly on March 7 on a unanimous vote. It is anticipated that this bill will not be heard in Senate Public Safety until mid-to-late May, after the majority of Senate bills have made it through their house of origin policy committees. CALIFORNIA GAS REBATE Despite the Governor providing lawmakers with the budget trailer bill language to delay the implementation of the gas tax adjustment that will go into effect on July 1, lawmakers failed to pass an early budget action item by the May 1, 2022 deadline. However, the gasoline price relief for taxpayers continues to be top of mind for lawmakers. Legislative leadership would like to do that with direct payments, and they are concerned cutting the gas tax would deplete critical funds for road repair. A bipartisan group of lawmakers say they are prepared to introduce a bill that would completely suspend the state’s $0.51 per gallon tax for a year. The Governor has expressed concerns that under the proposal there is no guarantee the benefits will be passed on to Californians and “not just go back to oil companies and corporations.” SENATE BUDGET PRIORITIES Ahead on the release of the Governor’s May Revise, Senate Democrats released their budget priorities for the 2022/2023 fiscal year. In what has been deemed the “Putting Wealth to Work Plan,” the Senate Pro Tem Toni Atkins and Senate Budget Chair Nancy Skinner are proposing to add $65 billion in combined current year and budget year revenues to the Governor’s forecast. Highlights of the Senate plan include: • Climate - $18 billion package to build off of the Governor’s January budget which proposes significant investments in electrical vehicles, abandoned oil well clean up, clean energy projects and building decarbonization. o Water and Drought: $7.5 billion in state and federal funds to build a climate-resilient water system, including $2 billion to rebalance the state water supply and water rights. o Wildfire Preparedness and Response: $6.6 billion over five years for fuel reduction, biomass accumulation, workforce development and training, Regional Conservancies, and expanding staffing ratios for all engines. May 10, 2022 Item #12 Page 6 of 103 RPPG Renne Public Policy Group A n.,,;...,.,,.,,JR"'M>f!f'IA>lil,/~;,, G11Mq1• o Sea Level Rise: $3.3 billion over multiple years to improve resilience, including protecting natural resources, urban waterfronts, ports, and infrastructure; $1 billion to offset the impacts of climate change on disadvantaged communities. o Biodiversity & Outdoor Access for All: $1 billion over multiple years to conserve state lands and coastal waters, fund urban greening and forestry, and expand access to outdoors through conservancies and other conservation entities. • Mental Health: Expand investments in school-based mental health services, accelerate implementation of behavioral health treatment beds, and provide funding for financial incentives to encourage people to enter the behavioral health workforce. • Housing: $2.7 billion for affordable housing and home ownership, including $1 billion for the California Dream for All program, a new revolving fund for first-time homebuyers to partner with the state and purchase homes with little or no down payment and reduce mortgage costs by more than 20 percent. • Homelessness: $3 billion, over three years, to build on last year’s historic $12 billion two- year investment, which would include additional funding for Project Homekey, local funding, and encampment resolutions. • Public Safety: Increased funding to support victims of crime through support programs, the Restitution Fund, and Trauma Recovery Centers; expansion of homelessness pre- and post- release transitional housing and programs; and investments that improve equitable access to justice. The plan also includes sending $8 billion back to Californians in rebates as a way to offset the rising cost of energy and consumer goods. Under the plan, California would send $200 to every taxpayer, with another $200 per dependent. Eligibility would be limited to those making less than $125,000 for individuals and $250,000 for joint filers. ### May 10, 2022 Item #12 Page 7 of 103 RPPG Renne Public Policy Group A n.,,;...,.,,.,,JR"'M>f!f'IA>lil,/~;,, G11Mq1• Priority Legislation May 3, 2022 Exhibit 2 Brown Act AB 1944 (Lee) Local government: open and public meetings. (Amended: 4/18/2022)Link The Ralph M. Brown Act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. This bill would require the agenda to identify any member of the legislative body that will participate in the meeting remotely. The bill would also require an updated agenda reflecting all of the members participating in the meeting remotely to be posted, if a member of the legislative body elects to participate in the meeting remotely after the agenda is posted. Status: 4/26/2022-In committee: Set, first hearing. Hearing canceled at the request of author. Client Position: pending support Notes: 5/2/22 - SG: Carlsbad subcommittee approved supporting AB 1944 – pending council approval of platform admendment. AB 2449 (Rubio, Blanca) Open meetings: local agencies: teleconferences. (Introduced: 2/17/2022)Link Current law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health. This bill would authorize a local agency to use teleconferencing without complying with those specified teleconferencing requirements if at least a quorum of the members of the legislative body participates in person from a singular location clearly identified on the agenda that is open to the public and situated within the local agency jurisdiction. The bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for disruptions. The bill would require the legislative body to implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with federal law. Status: 3/3/2022-Referred to Com. on L. GOV. Client Position: pending support Notes: 5/2/22 - SG: Carlsbad subcommittee approved supporting AB 2449 – pending council approval of platform admendment. May 10, 2022 Item #12 Page 8 of 103 {city of Carlsbad Cal i forn i a RPPG Renne Public P<llicy Group 4.,.,_d""""J\al:LMP-MI-• SB 1100 (Cortese) Open meetings: orderly conduct. (Amended: 4/21/2022)Link The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. Current law requires every agenda for regular meetings of a local agency to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body consideration of the item, that is within the subject matter jurisdiction of the legislative body. Current law authorizes the legislative body to adopt reasonable regulations to ensure that the intent of the provisions relating to this public comment requirement is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. Current law authorizes the members of the legislative body conducting the meeting to order the meeting room cleared and continue in session, as prescribed, if a group or groups have willfully interrupted the orderly conduct of a meeting and order cannot be restored by the removal of individuals who are willfully interrupting the meeting. This bill would authorize the presiding member of the legislative body conducting a meeting to remove an individual for disrupting the meeting. Status: 5/2/2022-Read third time. Passed. (Ayes 29. Noes 7.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. Client Position: Watch Notes: SG: Discuss further at 5/10 subcommittee meeting Cannabis SB 1186 (Wiener) Medicinal Cannabis Patients Right of Access Act. (Amended: 4/25/2022)Link Would enact the Medicinal Cannabis Patients Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law. Status: 4/29/2022-Set for hearing May 9. Client Position: Oppose Notes: Subcommittee motioned to oppose the bill. RPPG drafting letter of opposition. Children, Youth and Recreation AB 1737 (Holden) Children camps: local registration and inspections. (Amended: 4/20/2022)Link Current law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps. Current law requires the State Fire Marshal to adopt minimum fire safety regulations for organized May 10, 2022 Item #12 Page 9 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . camps. Current law requires local health officers to enforce building standards relating to organized camps and the other rules and regulations adopted by the State Public Health Officer. Current law defines organized camp, for these purposes, as a site with a program and facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives, for 5 days or more during one or more seasons of the year, except as specified. Current law requires the Director of Public Health to consider the Camp Standards of the American Camping Association when adopting rules and regulations pursuant to these provisions. This bill would include children camps within the definition of organized camps and would define children camp as a camp that offers daytime or overnight experiences administered by adults who provide social, cultural, educational, recreational, or artistic programming to more than 5 children between 3 and 17 years of age for 5 days or longer during at least one season, except as specified. Status: 4/27/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 26). Re-referred to Com. on APPR. Client Position: Oppose Notes: 04/27 SG: Submitted letter of opposition through the Legislative portal AB 1789 (Bennett) Outdoor recreation: California Recreational Trails System Plan: California Trails Commission: Trails Corps Program: grant program. (Amended: 4/6/2022)Link Current law establishes within the Natural Resources Agency the Department of Parks and Recreation, which is under the control of the Director of Parks and Recreation. Current law requires the director to cause to be prepared, and continuously maintained, a comprehensive plan for the development and operation of a statewide system of recreation trails, which is known as the California Recreational Trails System Plan. Current law requires the plan to be continuously reviewed, revised, and updated by the director. Current law requires the director to submit a report every 2 years to the Legislature describing the progress in carrying out the plan, as provided. This bill would require the director, on or before January 1, 2024, to prepare and provide to the Legislature a full update of the plan. Status: 4/7/2022-Re-referred to Com. on APPR. Client Position: Notes: Discuss further at 5/10 subcommittee meeting AB 2346 (Gabriel) Outdoor recreation: Outdoors for All Program. (Amended: 4/19/2022)Link Would establish in the Natural Resources Agency the Outdoors for All Program to support access to natural or cultural resources for at-risk youth, outdoor environmental educational experiences for underserved and at-risk populations, and equitable access to parks and outdoor spaces for all Californians. This program would encompass the existing Outdoor Equity Grants Program and Youth Community Access Program, as well as the Californians Outside Program, established by this bill, to provide grants to an eligible entity, as defined, for projects that provide transportation to outdoor spaces, outdoor-related recreation, outdoor physical activity programming, outdoor education, natural resources workforce development, and communications related to water, parks, climate, coastal protection, and other outdoor pursuits. Status: 4/26/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 26). Re-referred to Com. on APPR. May 10, 2022 Item #12 Page 10 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Client Position: Notes: Discuss further at 5/10 subcommittee meeting AB 2465 (Bonta, Mia) Pupil instruction: third-grade literacy: literacy grant program. (Amended: 4/28/2022)Link Would create the Family and Community Literacy: Supporting Literacy and Biliteracy in Schools, Families, and Communities Grant Program for the purpose of supporting the goal of all of California pupils reading at grade level by third grade and engaging families at every stage of that process. The bill would require the department to award competitive grants from the California Family Literacy Innovation Project to local educational agencies, as provided. This bill contains other related provisions and other existing laws. Status: 5/2/2022-Re-referred to Com. on APPR. Client Position: Notes: Elections, Political Reform and Redistricting AB 1416 (Santiago) Elections: ballot label. (Amended: 1/27/2022)Link Current law defines the ballot label as the portion of the ballot containing the names of the candidates or a statement of a measure. For statewide measures, current law requires the Attorney General to prepare a condensed version of the ballot title and summary, including the fiscal impact summary prepared by the Legislative Analyst that is printed in the state voter information guide. This bill would additionally require the ballot label for statewide measures, and, at the option of a county, the ballot label or similar description on the ballot of county, city, district, and school district measures, to include a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of ballot arguments printed in the voter information guide that support and oppose the measure, as specified. The bill would require a nonprofit organization, business, or individual to meet certain criteria before being listed on the ballot label or similar description of the measure on the ballot. Status: 2/1/2022-In Senate. Read first time. To Com. on RLS. for assignment. Client Position: Notes: AB 2582 (Bennett) Recall elections: local offices. (Amended: 5/2/2022)Link The California Constitution reserves to the electors the power to recall an elective officer and requires the Legislature to provide for recall of local officers. Current law requires a recall election to include the question of whether the officer sought to be recalled shall be removed from office and an election for the officer successor in the event the officer is removed from office. This bill would instead require a recall election for a local officer to include only the question of whether the officer sought to be recalled shall be removed from office. If a local officer is removed from office in a recall election, the bill would provide that the office is vacant until it is filled according to law. Status: 5/2/2022-Read second time and amended. Ordered returned to second reading. Client Position: May 10, 2022 Item #12 Page 11 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Notes: ACA 12 (Lee) Elections: nonpartisan office. (Introduced: 3/16/2022)Link The California Constitution designates as nonpartisan all judicial, school, county, and city offices, including the Superintendent of Public Instruction. The California Constitution prohibits including the political party preference of a candidate for nonpartisan office on the ballot for the office.This measure would instead permit the political party preference, or lack of a political party preference, of a candidate for nonpartisan office, except for judicial offices, to be indicated on the ballot in the manner provided by statute. Status: 4/25/2022-In committee: Set, first hearing. Hearing canceled at the request of author. Client Position: Notes: SB 1131 (Newman) Safe at Home program: election workers and reproductive health care providers. (Amended: 4/18/2022)Link Current law establishes an address confidentiality program for victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, commonly known as the Safe at Home program, under which an adult person, or a guardian on behalf of a minor or an incapacitated person, states that they are a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, and designates the Secretary of State as the agent for service of process and receipt of mail. Under current law, when the Secretary of State certifies the person as a program participant, the person actual address is confidential. Under the program, any person who makes a false statement in an application is guilty of a misdemeanor. This bill would create a similar program for election workers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified. Status: 4/29/2022-Set for hearing May 9. Client Position: Notes: Energy SB 379 (Wiener) Residential solar energy systems: permitting. (Amended: 1/12/2022)Link Current law requires a city or county to approve administratively applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Current law requires every city, county, or city and county to develop a streamlined permitting process for the installation of small residential rooftop solar energy systems, as that term is defined. Current law prescribes and limits permit fees that a city or county may charge for a residential and commercial solar energy system. Current law creates the State Energy Resources Conservation and Development Commission (Energy Commission) in the Natural Resources Agency and prescribes its duties, which include administering programs for the installation of solar energy systems.This bill would require every city, county, or city and county to implement an online, automated permitting platform that verifies code compliance and issues permits in real time for a May 10, 2022 Item #12 Page 12 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . solar energy system, as defined, that is no larger than 38.4 kilowatts alternating current nameplate rating and an energy storage system, as defined, paired with a solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating. Status: 1/24/2022-Read third time. Passed. (Ayes 31. Noes 1.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. Client Position: Notes: SB 833 (Dodd) Community Energy Resilience Act of 2022. (Amended: 3/21/2022)Link Current law assigns the State Energy Resources Conservation and Development Commission various duties, including applying for and accepting grants, contributions, and appropriations, and awarding grants consistent with the goals and objectives of a program or activity the commission is authorized to implement or administer. This bill, the Community Energy Resilience Act of 2022, would require the commission to develop and implement a grant program for local governments to develop community energy resilience plans that help achieve energy resilience objectives and state clean energy and air quality goals. Status: 4/4/2022-April 4 hearing: Placed on APPR suspense file. Client Position: Notes: SB 884 (McGuire) Electricity: expedited utility distribution infrastructure undergrounding program. (Amended: 4/26/2022)Link Would require the Public Utilities Commission to establish an expedited utility distribution infrastructure undergrounding program, and would authorize a large electrical corporation, as defined, to participate in the program by submitting to the commission, on or before July 1, 2023, a plan that identifies the eligible undergrounding projects that it will construct as part of the program, including timelines for the completion of those undergrounding projects, as specified. If the commission approves the electrical corporation plan, the bill would require a telecommunications provider to cooperate with the electrical corporation to underground any of its infrastructure on utility poles that will be removed as part of an undergrounding project, except as specified, require each undergrounding project to fully exhaust all available federal, state, and other nonratepayer moneys before any costs are recovered from ratepayers, and deem each undergrounding project to be an environmental leadership development project for purposes of the Jobs and Economic Improvement Through Environmental Leadership Act of 2021 and a development project for purposes of the Permit Streamlining Act, as specified. The bill would require that an electrical corporation earn a rate of return on its investments or expenditures made pursuant to the program, subject to a performance metric developed by the commission that would, at a minimum, require the withholding of those earnings until 60 consecutive months have elapsed without either the undergrounding project infrastructure causing a deenergization event or a wildfire resulting from the undergrounding project infrastructure. Status: 4/29/2022-Set for hearing May 9. Client Position: May 10, 2022 Item #12 Page 13 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Notes: Environmental and Climate AB 1001 (Garcia, Cristina) Environment: mitigation measures for air quality impacts: environmental justice. (Amended: 3/22/2022)Link The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would require mitigation measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air quality of a disadvantaged community, to include measures for avoiding, minimizing, or otherwise mitigating for the adverse effects on that community. The bill would require mitigation measures to include measures conducted at the project site that avoid or minimize to less than significant the adverse effects on the air quality of a disadvantaged community or measures conducted in the affected disadvantaged community that directly mitigate those effects. Status: 3/22/2022-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. Client Position: Notes: AB 1985 (Rivas, Robert) Organic waste: list: available products. (Introduced: 2/10/2022)Link Current law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Current law requires the methane emissions reduction goals to include a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals, including a requirement intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025. This bill would require the department to compile and maintain on its internet website a list, organized by ZIP Code, of information regarding persons or entities that produce and have available in the state organic waste products and update the list at least every 6 months. Status: 4/27/2022-In committee: Set, first hearing. Referred to suspense file. Client Position: Notes: AB 2142 (Gabriel) Income taxes: exclusion: turf replacement water conservation program. (Amended: 4/6/2022)Link Current law provides an exclusion from gross income for any amount received as a rebate or voucher from a local water or energy agency or supplier for the purchase or installation of a water conservation water closet, energy efficient May 10, 2022 Item #12 Page 14 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . clothes washers, and plumbing devices, as specified. This bill would, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, under the Personal Income Tax Law and the Corporation Tax Law, provide an exclusion from gross income for any amount received as a rebate, voucher, or other financial incentive issued by a public water system, as defined, local government, or state agency for participation in a turf replacement water conservation program. Status: 4/7/2022-Re-referred to Com. on REV. & TAX. Client Position: Notes: AB 2160 (Bennett) Coastal resources: coastal development permits: fees. (Amended: 3/29/2022)Link The California Coastal Act of 1976 provides for the certification of local coastal programs by the California Coastal Commission. The act prohibits the commission, except as provided, from exercising its coastal development permit review authority, as specified, over any new development within the area to which the certified local coastal program, or any portion thereof, applies. Current law requires a local government, if it has been delegated authority to issue coastal development permits, to recover any costs incurred from fees charged to individual permit applicants. Current law authorizes the local government to elect to not levy fees, as provided. This bill would, at the request of an applicant, as defined, for a coastal development permit, authorize a city or county to waive or reduce the permit fee for specified projects. The bill would authorize the applicant, if a city or county rejects a fee waiver or fee reduction request, to submit the coastal development permit application directly to the commission. Status: 4/28/2022-Read second time. Ordered to third reading. Client Position: Notes: AB 2593 (Boerner Horvath) Coastal resources: coastal development permits: blue carbon projects: new development: greenhouse gas emissions. (Amended: 4/18/2022)Link The California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission, as provided. This bill would require the commission to require an applicant with a project that impacts coastal wetland, intertidal, or marine habitats or ecosystems seeking a coastal development permit to mitigate greenhouse gas emissions by building or contributing to a blue carbon project, as defined. Status: 5/2/2022-Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 11.) Client Position: Notes: May 10, 2022 Item #12 Page 15 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . SB 45 (Portantino) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance. (Amended: 1/3/2022)Link Current law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations to achieve the organic waste reduction goals established by the state board for 2020 and 2025, as provided. Current law requires the department, no later than July 1, 2020, and in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving these organic waste reduction goals. This bill would require the department, in consultation with the state board, to provide assistance to local jurisdictions, including, but not limited to, any funding appropriated by the Legislature in the annual Budget Act, for purposes of assisting local agencies to comply with these provisions, including any regulations adopted by the department. Status: 1/24/2022-Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. Client Position: Notes: SB 54 (Allen) Plastic Pollution Producer Responsibility Act. (Amended: 2/25/2021)Link Would establish the Plastic Pollution Producer Responsibility Act, which would prohibit producers of single-use, disposable packaging or single-use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable. Status: 1/24/2022-Read third time. Passed. (Ayes 29. Noes 7.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. Client Position: Support Notes: SB 867 (Laird) Sea level rise planning: database. (Introduced: 1/24/2022)Link Current law requires the Natural Resources Agency, in collaboration with the Ocean Protection Council, to create, update biannually, and post on an internet website a Planning for Sea Level Rise Database describing steps being taken throughout the state to prepare for, and adapt to, sea level rise. Current law further requires that various public agencies and private entities provide to the agency, on a biannual basis, sea level rise planning information, as defined, that is under the control or jurisdiction of the public agencies or private entities, and requires the agency to determine the information necessary for inclusion in the database, as prescribed. Current law repeals these provisions on January 1, 2023.This bill would extend the sunset date for the above provisions until January 1, 2028. Status: 4/21/2022-Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. Client Position: Notes: May 10, 2022 Item #12 Page 16 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Fire AB 2387 (Garcia, Eduardo) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022. (Amended: 3/21/2022)Link Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $7,430,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. Status: 4/26/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 25). Re-referred to Com. on APPR. Client Position: Notes: Government Operations and Economic Development AB 1672 (Boerner Horvath) Public swimming pools: lifeguards. (Amended: 4/21/2022)Link Would authorize a local public agency that is certified by the United States Lifesaving Association to use qualified lifeguard personnel, as defined, to provide lifeguard services at a public swimming pool if certain requirements are met. Status: 5/2/2022-Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0.) Client Position: Sponsor Notes: AB 2164 (Lee) Disability access: funding. (Amended: 3/23/2022)Link The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Current law establishes a Disability Access and Education Revolving Fund, a continuously appropriated fund, within the Division of the State Architect for purposes of increasing disability access and compliance with construction-related accessibility requirements and developing educational resources for businesses to facilitate compliance with federal and state disability laws, as specified. This bill would expand the purpose of the fund to include providing financial assistance to small businesses, as defined, for construction of physical accessibility improvements. Status: 4/6/2022-In committee: Set, first hearing. Referred to suspense file. Client Position: Notes: May 10, 2022 Item #12 Page 17 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . AB 2932 (Low) Workweek: hours and overtime. (Amended: 3/24/2022)Link Would require that work in excess of 32 hours in a workweek be compensated at the rate of no less than 1 1/2 times the employee regular rate of pay. The bill would require the compensation rate of pay at 32 hours to reflect the previous compensation rate of pay at 40 hours and would prohibit an employer from reducing an employee regular rate of pay as a result of this reduced hourly workweek requirement. The bill would exempt an employer with no more than 500 employees from the above provisions. By expanding the scope of a crime, this bill would impose a state-mandated local program Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 3/24/2022) Client Position: Notes: Bill will not move forward SB 1044 (Durazo) Employers: state of emergency or emergency condition: retaliation. (Amended: 3/23/2022)Link Would prohibit an employer, in the event of a state of emergency or an emergency condition, as defined, from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace within the affected area because the employee feels unsafe. The bill would also prohibit an employer from preventing any employee from accessing the employee mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating a person to confirm their safety. The bill would require an employee to notify the employer of the state of emergency or emergency condition requiring the employee to leave or refuse to report to the workplace, as specified. The bill would clarify that these provisions are not intended to apply when an official state of emergency remains in place but emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worker, or the worker home have ceased. Status: 4/4/2022-April 4 hearing: Placed on APPR suspense file. Client Position: Notes: SB 1088 (Bradford) Public employment: law enforcement labor relations. (Amended: 3/16/2022)Link The Public Safety Officers Procedural Bill of Rights Act grants a variety of employment rights and protections to public safety officers, as defined, including with respect to investigations, interrogations, and disciplinary procedures. This bill would prohibit a procedural violation of the act deemed to be without substantive effect, as specified, from being the basis for reversing or modifying discipline of a public safety officer. Status: 4/29/2022-Set for hearing May 9. Client Position: Notes: May 10, 2022 Item #12 Page 18 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Homelessness/Tenant Protections AB 2211 (Ting) Shelter crisis: homeless shelters. (Amended: 5/2/2022)Link Upon declaration of a shelter crisis, current law, among other things, suspends certain state and local laws, regulations, and ordinances, including those prescribing standards of housing, health, or safety to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Current law, among other things, exempts from the California Environmental Quality Act specified actions by a state agency or a city, county, or city and county relating to land owned by a local government to be used for, or to provide financial assistance to, a homeless shelter constructed pursuant to these provisions, and provides that homeless shelters constructed or allowed pursuant to these shelter crisis declarations are not subject to specified laws, including the Special Occupancy Parks Act. Current law defines a homeless shelter as a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for people experiencing homelessness that is not in existence after the declared shelter crisis. Current law provides that a temporary homeless shelter community may include supportive and self- sufficiency development services and that a homeless shelter includes a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals. Current law repeals these provisions as of January 1, 2026. This bill would extend the repeal date of these provisions to January 1, 2030. Status: 5/2/2022-Read second time and amended. Client Position: Notes: AB 2325 (Rivas, Luz) Coordinated homelessness response: Office of the Interagency Council on Homelessness. (Amended: 4/25/2022)Link Current law requires the Governor to establish the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council, and to appoint specified members of that coordinating council. Current law requires agencies and departments administering state programs created on or after July 1, 2017, to collaborate with the council to adopt guidelines and regulations to incorporate core components of Housing First, as defined. Current law establishes the goals of the council, which include identifying mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. Current law requires that the coordinating council be under the direction of an executive director, who is under the direction of the Business, Consumer Services, and Housing Agency, and staffed by employees of that agency. This bill would place the California Interagency Council on Homelessness under the jurisdiction of the Office of the Interagency Council on Homelessness, which the bill would establish within the Governor office, under the control of a director, on or before September 30, 2023. Status: 4/26/2022-Re-referred to Com. on APPR. Client Position: Notes: May 10, 2022 Item #12 Page 19 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . AB 2339 (Bloom) Housing element: emergency shelters: regional housing need. (Amended: 5/2/2022)Link The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. Current law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Current law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels. This bill would revise the requirements of the housing element, as described above, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter standards structured in relation to residential and commercial developments and instead require that emergency shelters only be subject to specified written, objective standards. Status: 5/2/2022-Read second time and amended. Client Position: Notes: AB 2631 (O'Donnell) Government Claims Act. (Introduced: 2/18/2022)Link The Government Claims Act establishes the liability and immunity of a public entity for its acts or omissions that cause harm to persons. This bill would provide that a public entity is liable for injury relating to the effects of that public entity homelessness policies on another public entity. Status: 3/10/2022-Referred to Coms. on L. GOV. and JUD. Client Position: Notes: SB 513 (Hertzberg) Homeless shelters grants: pets and veterinary services. (Amended: 1/3/2022)Link Current law establishes the California Emergency Solutions and Housing Program, under the administration of the Department of Housing and Community Development and requires the department to, among other things, provide rental assistance and housing relocation and stabilization services to ensure housing affordability to people who are experiencing homelessness or who are at risk of homelessness. This bill would require the department, subject to an appropriation in the annual Budget Act, to develop and administer a program to award grants to qualified homeless shelters, as described, for the provision of shelter, food, and basic veterinary services for pets owned by people experiencing homelessness. Status: 1/24/2022-Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. Client Position: Support Notes: May 10, 2022 Item #12 Page 20 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . SB 847 (Hurtado) COVID-19 relief: tenancy: grant program. (Amended: 4/28/2022)Link The COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Current law, among other things, prohibits a tenant that delivers to a landlord or files with the court a declaration, under penalty of perjury, of COVID-19-related financial distress, as defined, from being deemed in default with regard to the COVID-19 rental debt, as prescribed. This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to, among other things, award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis, except that the bill would require the program to provide grants to all tier one applicants, as defined, before processing the applications of other applicants, as specified. The bill would define qualified applicant to mean a landlord who satisfies certain criteria, including that the landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either received a negative final decision, as specified, or the landlord has been notified that an application to the State Rental Assistance Program was submitted, as specified, but 20 days have passed without a final decision being rendered. Status: 4/28/2022-Read second time and amended. Re-referred to Com. on APPR. Client Position: Notes: SB 1282 (Bates) Opioid Master Settlement Agreement. (Amended: 4/18/2022)Link Would establish the California Opioid Settlement Fund in the State Treasury and would require the total amount of the state share of funds received pursuant to the Master Settlement Agreement, defined to mean the National Opioid Settlement agreement announced on February 25, 2022, by the Attorney General of the State of California between California and other states and the leading United States opioid product manufacturers, to be deposited in the fund. The bill would require distribution of funds from the fund to be made by annual appropriation of the Legislature consistent with the requirements of this bill, to the extent permissible under the terms of the Master Settlement Agreement, including a requirement that at least 60% of the funds appropriated be used to provide addiction-related services for people who are homeless or at risk of becoming homeless and priority shall be given to certain activities, including, among others, creating new, or expanding existing, substance use disorder treatment facilities. Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was JUD. on 4/18/2022) Client Position: Watch Notes: Bill will not move forward Housing, Land Use and Planning AB 500 (Ward) Local planning: coastal development: streamlined permitting. (Amended: 8/31/2021)Link The Coastal Act generally requires each local government lying, in whole or in part, within the coastal zone to prepare a local coastal program for that portion of the coastal zone within its jurisdiction. Ths bill would require a local May 10, 2022 Item #12 Page 21 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . government lying, in whole or in part, within the coastal zone that has a certified land use plan or a fully certified local coastal program to adopt, by January 1, 2024, an amendment to that plan or program, as applicable, specifying streamlined permitting procedures in nonhazardous zones for the approval of (1) accessory dwelling units or junior accessory dwelling units, consistent with specified requirements relating to the rental of those units (2) projects in which a specified percentage of the units will be affordable to lower income households or designated for supportive housing, as those terms are defined, and (3) Low Barrier Navigation Centers, as defined. The bill would require that the amendment be submitted to, and processed and approved by, the commission consistent with the above-described requirements for the amendment of a local coastal program. Status: 9/10/2021-Failed Deadline pursuant to Rule 61(a)(15). (Last location was INACTIVE FILE on 9/9/2021)(May be acted upon Jan 2022) Client Position: Oppose Notes: AB 916 (Salas) Zoning: accessory dwelling units: bedroom addition. (Amended: 1/3/2022)Link The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.This bill would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities. This bill contains other related provisions and other existing laws. Status: 1/27/2022-Read third time. Passed. Ordered to the Senate. In Senate. Read first time. To Com. on RLS. for assignment. Client Position: Notes: AB 1445 (Levine) Planning and zoning: regional housing need allocation: climate change impacts. (Amended: 1/3/2022)Link Would, commencing January 1, 2025, require that a council of governments, a delegate subregion, or the Department of Housing and Community Development, as applicable, additionally consider among these factors emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change. Status: 2/1/2022-In Senate. Read first time. To Com. on RLS. for assignment. Client Position: Notes: May 10, 2022 Item #12 Page 22 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . AB 1748 (Seyarto) Exempt surplus land: regional housing need. (Amended: 4/6/2022)Link Current law prescribes requirements for the disposal of surplus land by a local agency. Current law provides that an agency is not required to follow the requirements for disposal of surplus land for exempt surplus land, except as provided. Current law categorizes as exempt surplus land, surplus land that a local agency is transferring to another local, state, or federal agency for the agency use. This bill would add to the definition of exempt surplus land, surplus land that is zoned for a density of up to 30 residential units, if residential properties within a radius of 500 feet of the site are zoned to have an allowable density of fewer than 30 dwelling units per acre and the most recent annual progress report, as described, submitted by the city or county that owns the surplus land shows that the total number of low- income and very low income housing units built within the city or county meets or exceeds proportionate annual progress toward the number of those housing units needed to meet the city or county share of regional housing need for the 6th cycle of its housing element, as described. Status: 4/27/2022-In committee: Set, first hearing. Failed passage. Client Position: Notes: AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022. (Amended: 4/18/2022)Link The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards. This bill would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including that all construction workers shall be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. Status: 4/28/2022-From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 1.) (April 27). Re-referred to Com. on RLS. Client Position: Notes: AB 2053 (Lee) The Social Housing Act. (Amended: 4/6/2022)Link Would enact the Social Housing Act and would create the California Housing Authority, as an independent state body, the mission of which would be to produce and acquire social housing developments for the purpose of eliminating the gap between housing production and regional housing needs assessment targets, as specified. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed by the authority would be owned by the authority. The bill would prescribe the composition of the California Housing Authority Board, which would govern the authority, and would be composed of appointed members and members who are elected by residents of social housing developments, May 10, 2022 Item #12 Page 23 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . as specified. The bill would prescribe the powers and duties of the authority and the board. The bill would provide that the authority is bound to revenue neutrality, as defined, and would require the authority to recover the cost of development and operations over the life of its properties through the mechanism of rent cross-subsidization, as defined. Status: 4/21/2022-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 20). Re-referred to Com. on APPR. Client Position: Notes: AB 2063 (Berman) Density bonuses: affordable housing impact fees. (Amended: 4/21/2022)Link Current law prohibits affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, from being imposed on a housing development affordable units. This bill would prohibit affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, from being imposed on a housing development density bonus units, unless the city, county, or city and county has adopted a local density bonus ordinance or established a local housing program on or before January 1, 2022, that allows for a density bonus of at least 50% for any for-sale or rental housing development containing restricted affordable units that dedicates a specified percentage of units for extremely low, very low, low-, or moderate-income households. By imposing new restrictions on the ability of a local government to impose affordable housing impact fees, the bill would impose a state-mandated local program. Status: 4/25/2022-Re-referred to Com. on APPR. Client Position: Notes: AB 2094 (Rivas, Robert) General plan: annual report: extremely low-income housing. (Introduced: 2/14/2022)Link The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law requires the planning agency of a city or county to provide an annual report to certain specified entities by April 1 of each year that includes, among other information, the city or county progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, as specified. This bill would additionally require a city or county annual report to include the locality progress in meeting the housing needs of extremely low income households, as specified. Status: 4/20/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 20). Re-referred to Com. on APPR. Client Position: Notes: May 10, 2022 Item #12 Page 24 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . AB 2097 (Friedman) Residential and commercial development: remodeling, renovations, and additions: parking requirements. (Introduced: 2/14/2022)Link Would prohibit a public agency 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 within one-half mile of public transit, as defined. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2023. Status: 4/28/2022-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 27). Re-referred to Com. on APPR. Client Position: Oppose Notes: SG: 4/27/2022 - Letter of Opposition submitted through portal AB 2234 (Rivas, Robert) Planning and zoning: housing: postentitlement phase permits. (Amended: 5/2/2022)Link The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions. This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of an ideal application and an example of an ideal complete set of postentitlement phase permits for the most common housing development projects in the jurisdiction, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define local agency for these purposes to mean a city, county, or city and county. No later than January 1, 2024, except as specified, the bill would require a local agency to require permits to be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established. Status: 5/2/2022-Read second time and amended. Client Position: Notes: AB 2328 (Flora) Local ordinances: home experience sharing. (Introduced: 2/16/2022)Link Current law defines "hosting platform" as a marketplace that is created for the primary purpose of facilitating the rental of a residential unit, as specified. This bill would prohibit a city or county from prohibiting or effectively prohibiting the May 10, 2022 Item #12 Page 25 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . use of property as a home experience sharing unit. The bill would define "home experience sharing unit" as a privately owned, noncommercial property or residential dwelling unit that is rented partially for a fee for a period of fewer than 18 continuous hours and that does not provide sleeping accommodations to transients. The bill would authorize a city or county to reasonably regulate home experience sharing units to protect the public health and safety, as specified. This bill contains other related provisions. Status: 4/27/2022-In committee: Set, first hearing. Hearing canceled at the request of author. Client Position: Notes: Bill will not move forward AB 2357 (Ting) Surplus land. (Amended: 4/5/2022)Link Current law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified. Under current law, if the local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. This bill would also require the department to maintain on its internet website a listing of all entities, including housing sponsors, that have notified the department of their interest in surplus land for the purpose of developing low- and moderate-income housing. Status: 4/28/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 27). Re-referred to Com. on APPR. Client Position: Notes: AB 2428 (Ramos) Mitigation Fee Act: fees for improvements: timeline for expenditure. (Introduced: 2/17/2022)Link The Mitigation Fee Act, requires a local agency that establishes, increases, or imposes a fee as a condition of approval of a development project to, among other things, determine a reasonable relationship between the fee use and the type of development project on which the fee is imposed. The Mitigation Fee Act also imposes additional requirements for fees imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements, as specified, including that the fees be deposited in a separate capital facilities account or fund. This bill would require a local agency that requires a qualified applicant, as described, to deposit fees for improvements, as described, into an escrow account as a condition for receiving a conditional use permit or equivalent development permit to expend the fees within 5 years of the deposit. Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. GOV. on 3/3/2022) Client Position: Notes: May 10, 2022 Item #12 Page 26 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . AB 2656 (Ting) Housing Accountability Act: disapprovals: California Environmental Quality Act. (Amended: 4/18/2022)Link The Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes certain written findings based on a preponderance of the evidence in the record. The act defines disapprove the housing development project as including any instance in which a local agency either votes and disapproves a proposed housing development project application, including any required land use approvals or entitlements necessary for the issuance of a building permit, or fails to comply with specified time periods. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. This bill would define disapprove the housing development project as also including any instance in which a local agency denies a project an exemption from CEQA for which it is eligible, as described, or requires further environmental study to adopt a negative declaration or addendum for the project or to certify an environmental impact report for the project when there is a legally sufficient basis in the record before the local agency to adopt a negative declaration or addendum or to certify an environmental impact report without further study. Status: 4/26/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 25). Re-referred to Com. on APPR. Client Position: Notes: SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units. (Amended: 4/18/2022)Link The Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define objective standard as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. Status: 4/25/2022-April 25 hearing: Placed on APPR suspense file. Client Position: Oppose Notes: SG - Draft letter of opposition sent 3/17/22 Testified in Senate Housing 3/17/22 Testified in Senate Governance and Finance 4/7/22 Draft letter reflecting amended language sent 4/18/22 Letter submitted through portal 4/27/22 SB 1032 (Becker) Public Utilities Commission: electrical transmission grid development and expansion: study. (Amended: 4/28/2022)Link Under current law, it is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of all retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045. Current law requires the Public Utilities Commission to submit various reports to the Legislature. This bill would require the commission, on or before January 1, 2024, to submit to the Governor and the May 10, 2022 Item #12 Page 27 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Legislature a study identifying proposals to accelerate the development of, and reduce the cost to ratepayers of expanding, the state electrical transmission grid as necessary to achieve the state goals, and meet the state requirements, to reduce the emissions of greenhouse gases, as specified. Status: 5/2/2022-Withdrawn from committee. Re-referred to Com. on APPR. Client Position: Notes: SB 1105 (Hueso) San Diego Regional Equitable and Environmentally Friendly Affordable Housing Finance Agency. (Amended: 4/25/2022)Link The San Francisco Bay Area Regional Housing Finance Act establishes the Bay Area Housing Finance Agency to raise, administer, and allocate funding for affordable housing in the San Francisco Bay area, as defined, and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production. This bill, the San Diego Regional Equitable and Environmentally Friendly Housing Act, would establish the San Diego Regional Equitable and Environmentally Friendly Affordable Housing Agency and would state that the agency purpose is to increase the supply of equitable and environmentally friendly housing in the County of San Diego by providing for significantly enhanced funding and technical assistance across the regional level for equitable and environmentally friendly housing projects and programs, equitable housing preservation, and rental protection programs, as specified. Status: 4/29/2022-Set for hearing May 9. Client Position: Oppose Notes: Subcommittee make the motion to oppose the bill. RPPG drafting letter of opposiiton Mental Health SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court Program. (Amended: 4/7/2022)Link The Lanterman-Petris-Short Act provides for short-term and longer-term involuntary treatment and conservatorships for people who are determined to be gravely disabled. This bill would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified people to petition a civil court to create a CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, stabilization medication, and housing support to adults who are suffering from schizophrenia spectrum and psychotic disorders and who lack medical decision making capacity. The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the acts that support the petitioner belief that the respondent meets the CARE criterion. Status: 4/29/2022-Set for hearing May 9. Client Position: Support Notes: May 10, 2022 Item #12 Page 28 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . SB 970 (Eggman) Mental Health Services Act. (Amended: 5/2/2022)Link The Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund (MHSF), a continuously appropriated fund, to fund various county mental health programs, including children mental health care, adult and older adult mental health care, prevention and early intervention programs, and innovative programs. This bill would require the California Health and Human Services Agency, by July 1, 2025, to establish the California MHSA Outcomes and Accountability Review (MHSA-OAR), consisting of performance indicators, county self-assessments, and county MHSA improvement plans, to facilitate a local accountability system that fosters continuous quality improvement in county programs funded by the MHSA and in the collection and dissemination by the agency of best practices in service delivery. The bill would require the agency to convene a workgroup, as specified, to establish a workplan by which the MHSA-OAR shall be conducted, including a process for qualitative peer reviews of counties MHSA services and uniform elements for the county MHSA system improvement plans. Status: 5/2/2022-Read second time and amended. Re-referred to Com. on APPR. Client Position: Notes: Public Safety and EMS AB 1682 (Boerner Horvath) Vessels: public safety activities. (Amended: 2/28/2022)Link Current law generally regulates the operation of vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the state. Current law provides specified exemptions to the above- described provision, including for a vessel whose owner is a state or subdivision thereof, that is used principally for governmental purposes, and which is clearly identifiable as such. This bill would define subdivision thereof or subdivision of the state to include cities and counties. Status: 3/17/2022-Read third time. Passed. Ordered to the Senate. In Senate. Read first time. To Com. on RLS. for assignment. Client Position: Sponsor Notes: AB 2062 (Salas) Local law enforcement hiring grants. (Introduced: 2/14/2022)Link Would, upon appropriation of funds for this purpose in the annual Budget Act and until January 1, 2029, require the Board of State and Community Corrections to establish a grant program to provide $50,000,000 in grants to local law enforcement agencies to incentivize peace officers to work in local law enforcement agencies that are in underserved communities and to live in the communities that they are serving. The bill would require grant funds to be used to provide a 5-year supplement to peace officer salaries in local law enforcement agencies that are in underserved communities that have had a homicide rate higher than the state average for the past 5 years or more and where the peace officer lives within 5 miles of the office in which they work. The bill would require local law enforcement agencies that receive grants to report specified information to the board annually and would require the board to report to the Legislature and the Governor office on the efficacy of the program, as prescribed, on or before July 1, 2028. May 10, 2022 Item #12 Page 29 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Status: 4/27/2022-In committee: Set, first hearing. Referred to suspense file. Client Position: Notes: AB 2294 (Jones-Sawyer) Diversion for repeat retail theft crimes. (Amended: 4/18/2022)Link Current law requires a peace officer to release a person who has been arrested for a misdemeanor after securing that person promise to appear, as specified, unless certain conditions are met for nonrelease, including, among others, there is reason to believe that the person would not appear as required or there was a reasonable likelihood that the offense or offenses for which the person was arrested would continue or resume. This bill, until January 1, 2026, would include in the reasons for nonrelease that the person has been cited, arrested, or convicted for misdemeanor or felony theft from a store in the previous 6 months and that there is probable cause to believe that the person arrested is guilty of committing organized retail theft. Status: 4/20/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on APPR. Client Position: Notes: AB 2644 (Holden) Juveniles: custodial interrogation. (Amended: 4/7/2022)Link Current law requires that a youth 17 years of age or younger consult with legal counsel in person, by telephone, or by video conference prior to a custodial interrogation and before waiving any of the above-specified rights. This bill would prohibit law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, as specified, during an interrogation of a youth 25 years of age or younger. Status: 4/27/2022-In committee: Set, first hearing. Referred to suspense file. Client Position: Watch Notes: 5/2/22 - SG: SD County public safety delegation will be sending a letter of opposition. AB 2715 (Gray) Organized retail theft. (Introduced: 2/18/2022)Link Current law, until January 1, 2026, makes it a misdemeanor to commit organized retail theft. Current law defines organized retail theft to include, among other acts, acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant premises or online marketplaces as part of an organized plan to commit theft. Under current law, acts of organized retail theft that are committed on 2 or more separate occasions within a 12- month period and that have an aggregate value that exceeds $950 are punishable as a misdemeanor or a felony. This bill would remove the requirement that the person acting in concert with one or more person to steal merchandise from one or more merchant premises or online marketplace have the intent to sell, exchange, or return the merchandise for value. Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was PUB. S. on 3/10/2022) May 10, 2022 Item #12 Page 30 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Client Position: Notes: SB 1000 (Becker) Law enforcement agencies: radio communications. (Amended: 3/16/2022)Link Current law establishes the California Law Enforcement Telecommunications System (CLETS) to make specified criminal justice databases, including individual criminal histories, wanted and missing persons, and stolen firearms, vehicles, and property, available to participating law enforcement agencies. Current law prohibits unauthorized access to CLETS and the unlawful use of CLETS information by authorized users. Current law authorizes the Attorney General to adopt policies, procedures, and practices related to the use of CLETS. These rules require a participating agency to restrict access to CLETS and define access as the ability to see or hear any information obtained from CLETS. This bill would require a law enforcement agency, including the California Highway Patrol, municipal police departments, county sheriff departments, specified local law enforcement agencies, and specified university and college police departments, to ensure public access to the radio communications of that agency, as specified. Status: 4/29/2022-Set for hearing May 9. Client Position: Notes: SB 1038 (Bradford) Law enforcement: facial recognition and other biometric surveillance. (Introduced: 2/15/2022)Link Current law, until January 1, 2023, prohibits a law enforcement agency or law enforcement officer from installing, activating, or using any biometric surveillance system in connection with an officer camera or data collected by an officer camera. Current law allows a person to bring an action for equitable or declaratory relief against a law enforcement agency or officer who violates this prohibition. This bill would extend these provisions indefinitely. Status: 3/16/2022-Read second time. Ordered to third reading. Client Position: Notes: SB 1464 (Pan) Law enforcement: public health orders. (Amended: 4/18/2022)Link Current law requires all sheriffs to execute all lawful orders of a department in their counties. Current law authorizes each sheriff to enforce all orders of the State Department of Public Health or of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Current law authorizes each peace officer of every political subdivision of the county to enforce within the area subject to their jurisdiction all orders of the State Department of Public Health or of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This bill would instead require those sheriffs and peace officers to enforce those orders. By expanding the duties of local law enforcement, this bill would create a state-mandated local program. Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was HEALTH on 3/9/2022) May 10, 2022 Item #12 Page 31 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Client Position: Notes: Revenue and Taxation AB 411 (Irwin) Veterans Housing and Homeless Prevention Bond Act of 2022. (Amended: 1/24/2022)Link Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014 (the 2014 bond act), authorizes the issuance of bonds in the amount of $600,000,000, as specified, for expenditure by the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to provide housing to veterans and their families pursuant to the Veterans Housing and Homeless Prevention Act of 2014 (VHHPA).This bill would enact the Veterans Housing and Homeless Prevention Bond Act of 2022 to authorize the issuance of bonds in an amount not to exceed $600,000,000 to provide additional funding for the VHHPA. The bill would provide for the handling and disposition of the funds in the same manner as the 2014 bond act. This bill contains other related provisions. Status: 2/1/2022-In Senate. Read first time. To Com. on RLS. for assignment. Client Position: Notes: AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing. (Amended: 4/27/2022)Link The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for purchases not exceeding $200,000,000, for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified; qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development, as provided; qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property, as provided; and qualified tangible personal property purchased by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of specified processes. Current law, on and after January 1, 2018, and before July 1, 2030, additionally exempts from those taxes the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, as defined, or storage and distribution, as defined, of electric power. This bill would, on and after January 1, 2023, and before January 1, 2028, eliminate the limitation of $200,000,000 in purchases by a qualified person, and would make this a full exemption. The bill would repeal these provisions on January 1, 2028, and would revert to the above-described partial exemption on that date. Status: 4/28/2022-Re-referred to Com. on REV. & TAX. Client Position: Notes: 03/03/22 DH: Sent detailed breakdown of bills implications to client for review. No further direction provided. May 10, 2022 Item #12 Page 32 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Transportation and Public Works AB 1622 (Chen) Smog check program: catalytic converter theft. (Introduced: 1/10/2022)Link Existing law establishes a motor vehicle inspection and maintenance program, commonly known as the smog check program, that is administered and enforced by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Among other things, the smog check program requires the department to provide a licensed smog check station with a sign informing customers about options when their vehicle fails a biennial smog check inspection. Existing law requires the sign to be posted conspicuously, as provided, and requires the sign in all licensed smog check stations. Existing regulations implement this requirement. A person who violates these laws, including any order, rule, or regulation of the department adopted pursuant to these laws, is guilty of a misdemeanor.This bill would require the department to provide a licensed smog check station with a sign informing customers about strategies for deterring catalytic converter theft, including the etching of identifying information on the catalytic converter. The bill would require the sign to be posted conspicuously in an area frequented by customers and would require it in all licensed smog check stations. The bill would also authorize stations where licensed smog check technician repairs are performed to offer and recommend to customers the etching as an optional service provided in conjunction with the smog check. Because the department would adopt regulations implementing the new requirements and a violation of these regulations would be a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was TRANS. on 1/10/2022) Client Position: Watch Notes: AB 1717 (Aguiar-Curry) Public works: definition. (Introduced: 1/27/2022)Link Current law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Current law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Current law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. This bill would expand the definition of "public works" to include fuel reduction work paid for in whole or in part out of public funds performed as part of a fire mitigation project, as specified. Status: 4/27/2022-In committee: Set, first hearing. Referred to suspense file. Client Position: Notes: AB 1740 (Muratsuchi) Catalytic converters. (Introduced: 1/31/2022)Link Current law requires a core recycler, as defined, who accepts a catalytic converter for recycling to maintain a written record of specified information regarding the transaction, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number, for not less than 2 years. May 10, 2022 Item #12 Page 33 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Current law makes it a crime to violate these requirements. This bill would additionally require a core recycler to maintain a written record of the year, make, and model of the vehicle from which the catalytic converter was removed. Status: 4/28/2022-Read second time. Ordered to Consent Calendar. Client Position: Notes: AB 1778 (Garcia, Cristina) State transportation funding: freeway projects: poverty and pollution: Department of Transportation. (Amended: 3/24/2022)Link Current law authorizes the Department of Transportation to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Current law requires the department to prepare and submit to the Governor a proposed budget, as provided. This bill would require the department to consult the California Healthy Places Index, as defined, as a condition of using state funds or personnel time to fund or permit freeway projects, as provided. The bill would require the department to analyze housing and environmental variables through the index, as provided, and would prohibit any state funds or personnel time from being used to fund or permit freeway projects in areas that fall within the zero to 50th percentile on the housing and environmental variables analyzed through the index, as provided. Status: 4/19/2022-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 18). Re-referred to Com. on APPR. Client Position: Watch Notes: AB 1833 (Ward) San Diego Metropolitan Transit Development Board: North County Transit District: consolidated agency: public contracting. (Amended: 4/27/2022)Link The Mills-Deddeh Transit Development Act establishes the San Diego Metropolitan Transit Development Board, also known as the San Diego Metropolitan Transit System, with specified powers and duties related to the operation of public transit services in a portion of the County of San Diego. Current law requires the board, North County Transit District, and consolidated agency to follow specified procedures when contracting for certain services, the acquisition or lease of materials, supplies, or equipment, architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services. Existing law requires those entities to follow different procedures when the amount of the contract exceeds specified thresholds. This bill would increase those thresholds from $100,000, or $50,000 in certain instances, to $150,000, and would make other clarifying changes, as specified. Status: 5/2/2022-Assembly Rule 96 suspended. Withdrawn from committee. Ordered to second reading. Client Position: Watch Notes: May 10, 2022 Item #12 Page 34 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . AB 1946 (Boerner Horvath) Electric Bicycles: Safety and Training Program (Amended 3/11/22) Link This bill directs the California Highway Patrol (CHP), in collaboration with relevant stakeholders, to develop, by September 1, 2023, statewide safety standards and training programs for users of electric bicycles (e-bikes). The bill directs the CHP to post the safety standards and training programs on it internet website by September 1, 2023. Status: 5/2/22 – In Senate. To Committee on Rules for assignment. Client Position: Notes: AB 2237 (Friedman) Transportation planning: regional transportation improvement plan: sustainable communities strategies: climate goals. (Amended: 4/18/2022)Link Current law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Current law requires each regional transportation plan to also include a sustainable communities strategy prepared by each metropolitan planning organization. Current law requires the Strategic Growth Council, by January 31, 2022, to submit a report to the relevant policy and fiscal committees of the Legislature that includes, among other things, an overview of those sustainable communities strategies, an assessment of how implementation of those sustainable communities strategies will influence the configuration of the statewide integrated multimodal transportation system, and a review of the potential impacts and opportunities for coordination of specified funding programs, including the Affordable Housing and Sustainable Communities Program. This bill would require the council, in consultation with the State Air Resources Board, the Department of Housing and Community Development, and the Transportation Agency, to convene a task force to review the roles and responsibilities of metropolitan planning organizations and to define sustainable community. Status: 4/26/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 25). Re-referred to Com. on APPR. Client Position: Notes: AB 2367 (Ward) Regional transportation plans: implementation authority: San Diego Association of Governments. (Amended: 4/27/2022)Link Current law requires each regional transportation plan to also include a sustainable communities strategy prepared by each metropolitan planning organization. Existing law provides for the consolidation of certain regional transportation planning, programming, and related functions in the County of San Diego from various agencies. Current law provides for the consolidated agency, commonly known as the San Diego Association of Governments (SANDAG), to be governed by a 21-member board of directors, each of whom is selected by the governing body of a city in the county or the San Diego County Board of Supervisors, as specified. Current law authorizes SANDAG to exercise specified rights and powers including, among other things, adopting a regional transportation plan and issuing bonds, as provided. This bill would explicitly authorize SANDAG to implement every component of the regional transportation plan and to seek resources and funding for projects identified in the sustainable communities strategy, as provided. The bill would also authorize SANDAG to exercise its bonding authority to implement the regional transportation plan, as provided. May 10, 2022 Item #12 Page 35 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Status: 5/2/2022-Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0.) Client Position: Watch Notes: AB 2953 (Salas) Department of Transportation and local agencies: streets and highways: recycled materials. (Amended: 3/17/2022)Link Would require the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. The bill would require, beginning January 1, 2024, a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, as specified. The bill would exempt cities and counties whose revenues do not exceed specified thresholds from these requirements. By increasing the duties of local agencies, this bill would impose a state-mandated local program. Status: 4/19/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 18). Re-referred to Com. on APPR. Client Position: Notes: SB 922 (Wiener) California Environmental Quality Act: exemptions: transportation-related projects. (Amended: 4/4/2022)Link CEQA, until January 1, 2030, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions. This bill would specify that the requirement that the bicycle transportation plan is for an urbanized area or urban cluster, as designated by the United States Census Bureau. The bill would extend the exemption to an active transportation plan or pedestrian plan in an urbanized area or urban cluster. The bill would define active transportation plan and pedestrian plan. The bill would specify that individual projects that are a part of an active transportation plan or pedestrian plan remain subject to the requirements of CEQA unless those projects are exempt by another provision of law. Status: 4/19/2022-Read second time. Ordered to third reading. Client Position: Notes: May 10, 2022 Item #12 Page 36 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . SB 932 (Portantino) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. (Amended: 3/23/2022)Link Current law states the Legislature intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency. This bill would emphasize the intent of the Legislature to fight climate change with these provisions. Status: 4/26/2022-VOTE: Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] (PASS) Client Position: Notes: Utilities AB 2635 (Levine) Digital Infrastructure and Video Competition Act of 2006: public, educational, and government access channels. (Amended: 3/11/2022)Link The Digital Infrastructure and Video Competition Act of 2006 provides that the holder of a state franchise is not a public utility as a result of providing video services and does not provide the Public Utilities Commission with authority to regulate the rates, terms, and conditions of video service, except as explicitly set forth in the act. The act requires a holder of a state franchise to designate a sufficient amount of capacity on its network for public, educational, and governmental access (PEG) channels, as specified. The act requires that the PEG signal be receivable by all subscribers, without the need for any equipment other than the equipment necessary to receive the lowest cost tier of service, and that PEG access capacity is of similar quality and functionality to that offered by commercial channels on the lowest cost tier of service, as specified. This bill would instead require that the PEG signal be receivable by all subscribers, without the need for any equipment different from that equipment necessary to receive the highest quality broadcast television channels, and that PEG access capacity is of similar quality and functionality to that offered by commercial channels, as specified. Status: 5/2/2022-Read third time. Refused passage. (Ayes 18. Noes 18.). Motion to reconsider made by Assembly Member Levine. Client Position: Notes: SB 612 (Portantino) Electrical corporations and other load-serving entities: allocation of legacy resources. (Amended: 5/20/2021)Link Would require an electrical corporation, by July 1, 2022, and not less than once every 3 years thereafter, to offer an allocation of certain electrical resources to its bundled customers and to other load-serving entities, including electric service providers and community choice aggregators, that serve departing load customers who bear cost responsibility for those resources. The bill would authorize a load-serving entity within the service territory of the electrical corporation to elect to receive all or a portion of the vintaged proportional share of those legacy resources allocated to its end-use customers and, if it so elects, would require it to pay to the electrical corporation the commission- established market price benchmark for the vintage proportional share of the resources received. May 10, 2022 Item #12 Page 37 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . Status: 7/14/2021-Failed Deadline pursuant to Rule 61(a)(11). (Last location was U. & E. on 6/10/2021)(May be acted upon Jan 2022) Client Position: Support Notes: Water AB 2106 (Rivas, Robert) Water quality: permits. (Amended: 3/15/2022)Link The State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Current law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. This bill would require, on or before December 31, 2024, the state board to modernize its Stormwater Multiple Application and Report Tracking System (SMARTS) database through specified actions. Status: 3/23/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (March 22). Re-referred to Com. on APPR. Client Position: Notes: SB 1157 (Hertzberg) Urban water use objectives: indoor residential water use. (Introduced: 2/17/2022)Link Current law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, and including collaboration with and input from stakeholders, to conduct necessary studies and investigations and authorizes the department and the board to jointly recommend to the Legislature a standard for indoor residential water use. Current law, until January 1, 2025, establishes 55 gallons per capita daily as the standard for indoor residential water use. Existing law establishes, beginning January 1, 2025, the greater of 52.5 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use, and beginning January 1, 2030, establishes the greater of 50 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use. This bill would eliminate the option of using the greater of 52.5 gallons per capita daily and the greater of 50 gallons per capita daily, as applicable, or a standard recommended by the department and the board as the standard for indoor residential water use. Status: 4/21/2022-Read third time. Passed. (Ayes 28. Noes 9.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk. Client Position: Oppose Unless Amended Notes: May 10, 2022 Item #12 Page 38 of 103 RPPG , Renne PubliC Policy Group ._.,_,_,_ __ . May 10, 2022 Item #12 Page 39 of 103 April 9, 2021 The Honorable Benjamin Allen California State Senate State Capitol, Room 4096 Sacramento CA 95814 RE: Senate Bill 54 (Allen) -Plastic Pollution Producer Responsibility Act City of Carlsbad -Letter of Support Dear Senator Allen, Exhibit 3 (cityof Carlsbad On behalf of the City of Carlsbad, I write to express the City's support of SB 54, which would prohibit producers of single use disposable packaging or single-use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable. SB 54 sets ambitious waste-reduction and recycling goals and establishes a framework for packaging producers to keep the most problematic disposable items out of our environment. In effect, it will set a statewide goal of reducing the waste generated by single-use disposable packaging and food service ware by 75 percent by 2032 through source reduction, recycling, and composting. In addition to these extremely important benefits to our environment, the actions which SB 54 prompt will help local governments save millions of dollars in disposal costs. SB 54 aligns strongly with the City of Carlsbad's plastic waste reduction goals. SB 54 will help to divert more material from landfills and advance our solid waste and recycling goals. Thank you for your leadership on this issue and the City of Carlsbad is pleased to support Senate Bill 54. Sincerely, Matt Hall Mayor CC: Senator Patricia Bates, 36th District Assembly Member Tasha Boerner Horvath, 76th District Members of the Carlsbad City Council City of Carlsbad City Council City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t May 10, 2022 Item #12 Page 40 of 103 February 14, 2022 The Honorable Robert Hertzberg Senate Majority Leader, California State Senate State Capitol Building, Room 313 Sacramento, CA 95814 {city of Carlsbad RE: SB 513 (Hertzberg) California Emergency Solutions and Housing Program: Grants: Homeless Shelters: Pets and Veterinary Services -Notice of SUPPORT (As Amended 01/03/2022) Dear Senator Hertzberg, The City of Carlsbad is pleased to support your SB 513, which would require the Department of Housing and · Community Development {HCD), subject to an appropriation in the annual Budget Act, to develop and administer a program to award grants to qualified homeless shelters for the provision of shelter, food, and basic veterinary services for pets owned by people experiencing homelessness. California has seen an alarming spike in homelessness over the past decade, with a significant increase in the number of unsheltered people in our communities. Cities and counties statewide are at the forefront of responding to this crisis by working across silos to find creative and innovative ways to guide homeless youth, families, seniors, and veterans, along with their pets, into shelter and care. Homeless individuals often rely on pets for safety, emotional support, companionship, and affection. When a shelter does not allow for pets, homeless persons often must choose between staying in a shelter and leaving their pets. SB 513 will play an important role in encouraging more individuals to seek shelter knowing that they will not have to give up their pets as a result. For these reasons, the City of Carlsbad supports SB 513 {Hertzberg). Should you have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at {916) 974-9270. Sincerely, Matt Hall Mayor City of Carlsbad CC: Members, Committee Assemblymember Tasha Boerner Horvath Senator Pat Bates " City of Carlsbad City Council City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t May 10, 2022 Item #12 Page 41 of 103 April 26, 2022 The Honorable Anthony Portantino California State Senate 1021 O Street, Room 7630 Sacramento, CA 95814 {cityof Carlsbad RE: SB 897 (WIECKOWSKI) ACCESSORY DWELLING UNITS: JUNIOR ACCESSORY DWELLING UNITS, AS AMENDED APRIL 18, 2022 -OPPPOSE Dear Senator Portantino: On behalf of the City of Carlsbad, we must regretfully oppose SB 897 (Wieckowski) which would place additional restrictions on a local government's ability to assure the health and safety of all residents by removing essential oversight tools pertaining to the approval of an Accessory Dwelling Unit (ADU) and would increase the maximum height limitation for an ADU to 25 feet and eliminate rear and side set back requirements of 4 feet regardless of the appropriateness of that scale for the space or location. While SB 897 seeks to address a problem we also seek to address in our community by attempting to solve for the lack of both housing availability and affordability, this bill has many concerning provisions that would reduce local authority to protect the public's safety, place additional administrative burdens on local government, and is inclusive of height allowances that would be vastly over scaled for many existing neighborhoods. Additionally, the approach this bill takes begs the question of what the best way is to provide housing for those least able to afford it and how to do so without compromising access to local amenities and reliable services. It is essential that we solve for the housing crisis with measured efforts that also take into accountability public safety and quality of life . . Health and Safety The City seeks to be inclusive in our policies and to protect and enhance the quality of life for all residents, including vulnerable populations. In order to do this, it is critical that local agencies continue to have the authority to screen for public safety hazards with mechanisms in place to ensure the structural integrity of all dwelling units within city boundaries. SB 897 would force local agencies to issue ministerial permits for constructed but unpermitted ADUs that are not up to code, with the burden of determining health and safety hazards potentially by sight only. Additionally, local agencies would now be required to delay enforcement to the building code standards for a main residence -which could be single or multi-family -for up to five years upon an application for deferral and would again place the burden of determining health and safety hazards potentially by sight only. It is not possible to know the structural soundness of a roof or that electrical wires are not a fire hazard without being subject to physical inspection. Administrative Burden SB 897 would require the city to approve or deny any application for an ADU or junior ADU within 60 days of application or the permit is automatically approved. It would further require review and issuance of a de·molition permit for a detached garage that is to be replaced by an ADU at the same time as review and permit for the ADU, within the same 60-day timeframe. All of these -including permitting for older, currently unpermitted units -is predicated upon there being no violation that must first be corrected in order to protect health and safety which at bare minimum requires some type of review by the local agency. While the city strives to provide the highest level of customer service and City of Carlsbad City Counci l City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t May 10, 2022 Item #12 Page 42 of 103 to meet the needs of all applicants in a timely fashion, it may not always be feasible to conduct the proper review to issue permit in this timeframe, even with ministerial review. Current law requires the city to act on the application within that time frame but escalating the standard to approval or denial creates a potential workload local agencies like ours may not be able to meet without any local flexibility to address the issue. Maximum Height Limitation Current law provides for a maximum height limitation of 16 feet and rear or side set back of four feet. This bill would increase the maximum height limitation to 25 feet and in some cases allow for the elimination of side and rear setbacks and would require for an objective standard of review, which would result in ADUs that are over scaled for the lot in many instances and restricts lac.al ability to determine the appropriate limitations for a given neighborhood or community based on local or even individualized location-specific factors that are not considered under the confines of this statute. While we support increasing housing options, it cannot be a one size fits all approach as not all project sites or conditions are the same. Quality of Life/Critical Services While we appreciate the desire to make affordable living accommodations more readily available for those most in need of housing solutions, foregoing safety protocols and quality of life considerations is not in the best interest of the most vulnerable among us. Not only could this bill as currently written potentially pose a greater fire risk to individuals living in these residences and in neighborhoods with dwelling units constructed under the authority of this statute, but it additionally would limit local authority to provide for appropriate parking for all residents. The construction of even larger and more complex ADUs also does not consider the burden on water, wastewater, and infrastructure plans. When we address affordable and attainable housing at the local level, it is imperative that communities also ensure these residents and residences are seamlessly integrated into the existing community and have equal access to parks, reliable and consistent critical infrastructure services, and safe and secure dwelling units. Further, while this bill would allow for greater flexibility in building standards for ADUs and thereby potentially more rapid production, there is no requirement the dwelling units be committed to long term residential housing or to be leased or sold below market value. We look forward to continued discussions with you and the author's office on how best to address increasing housing product and affordability in California communities without compromising local ability to provide for a high quality of life for all residents and ensure the public's safety. Please reach out to our lobbyist with the Renne Public Policy Group, Sharon Gonsalves, at 916-849- 5536 with questions. Sincerely, Mayor City of Carlsbad CC: City Council The Honorable Bob Wieckowski, California State Senate Members and staff, Senate Committee on Appropriations Senate Republican Caucus Assemblymember Tasha Boerner Horvath Senator Pat Bates May 10, 2022 Item #12 Page 43 of 103 April ll.., 2022 The Honorable Robert Hertzberg 1021 0 Street, Room 3220 Sacramento, CA 95814 (cityof Carlsbad RE: SB 1157 (HERTZBERG) URBAN WATER USE OBJECTIVES: INDOOR RESIDENTIAL WATER USE, AS INTRODUCED FEBRUARY 17, 2022 -OPPOSE Dear Senator Hertzberg: On behalf of the City of Carlsbad, we must respectfully express our position of oppose unless amended on SB 1157 (Hertzberg). This bill incorporates joint recommendations by the Department of Water Resources (DWR) and State Water Resources Control Board (State Water Board), which do not account for the adverse impacts or significant costs to which these revised standards will lead. We join with the robust coalition of local government agencies in seeking amendments that would delay the implementation of a 2030 standard and require additional quantitative analysis of an appropriate standard for 2030 and beyond. AB 1668 (Friedman) and SB 606 (Hertzberg) were a package of bills signed in 2018 that called for the creation of new urban water use efficiency standards for indoor residential use, outdoor use, water loss, and variances for unique conditions. Local government advocates worked intently on this issue with all the interested parties, including legislators, staff, and other stakeholders, during the long negotiations on these bills in 2017- 18. A critical component in the outcome of these negotiations was that DWR would conduct studies and investigations to identify a standard for indoor residential water use that appropriately reflects best practices for indoor water use with broad input from all stakeholders. DWR and the State Water Board released their Final Report in November 2021. While a study was completed, the analysis of adverse impacts and other relevant information, including affordability and changing populations and patterns, were not quantitatively considered; nor did they inform the final recommendations. The Final Report indicates that, on average, current indoor residential water use is 48 gallons per capita daily (GPCD). Given this finding, the recommended standard for 2025-2030 of 47 GPCD, which is included in SB 1157, is close to existing statewide average water use. However, significantly, the Final Report largely relied on data from before the Covid-19 pandemic and indicated that the pandemic led to a three to five GPCD increase. While outside the scope of the Final Report the pandemic has fundamentally changed work, shifting some jobs remote, and that will lead to increased residential GPCD. Given this new reality the city may need to make substantial investment to achieve the proposed 2025 standard. The reduction to 42 GPCD in 2030, however, is significantly lower than current water use, especially when accounting for longer-term pandemic workforce changes, and there will be substantial negative impacts to water providers, sanitation agencies, and recycled water providers. In addition, the impacts to affordability are likely be to be serious and detrimental. May 10, 2022 Item #12 Page 44 of 103 The California Water Efficiency Partnership estimated during the regulatory process that the "the total anticipated cost range for reasonably complying with a 2030 standard in which all providers achieve a residential indoor per capita volume of 42 GPCD by 2030 is likely between $2.8 and $4.6 billion." While the indoor residential water use standard is only one component of the overall water use objective, given the separately enforceable component of water loss, it is anticipated that public water agencies will need to make significant additional investments to reduce indoor residential use to meet the overall objective. Ultimately this substantial financial investment will only save 354,000 acre feet of water per year over the current 2030 standard -approximately half a percent of statewide water use. In addition to these direct costs, there will be substantial secondary costs . The Final Report indicates that the adverse impacts to _wastewater and recycled water providers could be significant. A few examples of potential impacts include increased sewer gas production, accelerated rate of corrosion of pipes and manholes, increased occurrences of sewer blockages and overflows, degradation of wastewater influent quality, and reductions in recycled water quantity. Mitigating these impacts will require considerable investment. The Legislature has repeatedly endorsed and asked for evidence-based decision making. While the Final Report has the appearance of evidence-based recommendations, additional analysis is necessary to truly understand the impacts of the 2030 standard. The Final Report itself acknowledges some of these shortcomings, stating that detailed saturation and end-use studies could better inform how much active and passive conservation is available and that the standards will have an unknown effect on affordability and the human right to water. For these reasons, the City of Carlsbad must respectfully oppose SB 1157. Should you have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916) 974- 9270. Sincerely, Matt Hall, Mayor CC: Members, California State Assembly Assemblymember Tasha Boerner Horvath Senator Pat Bates May 10, 2022 Item #12 Page 45 of 103 September 2, 2021 The Honorable Mike McGuire, Chair, Senate Governance and Finance Committee State Capitol Building, Room 408 Sacramento, CA 95814 ( City of Carlsbad RE: Assembly Bill 500 (Ward) -Local Planning; coastal development: streamlined permitting (As amended August 31, 2021). Notice of Opposition Dear Senator McGuire: On behalf of the City of Carlsbad, we must respectfully oppose AB 500 (Ward), which as recently amended, will require a local agency that resides solely, or in part, within a coastal zone to amend their Local Coastal Plan (LCP) by January 1, 2024, to outline streamlined permitting procedures for the development of housing. The City appreciates the author's intention to identify policies to increase affordable housing options within the coastal areas; however, the timeframe presented in the bill is unrealistic and places the City in a situation to fail. The bill does not take into account the public, transparent process that is required of local agencies when such changes are made. To officially adopt an amendment to our LCP, the City is currently required to go through the following steps: • Public Outreach for plan development (6-12 months) • CEQA Review (12-18 months depending upon level of impact) o Including a 30-or 45-day public review period, response to comments, and preparation of findings for the Environmental Document • Planning Commission Review (1-3 months) • Public notice of availability (6 weeks) • City Council Review (1-3 months) • Coastal Commission Review (2-14 months) The 24-to SO-month timeline outlined above does not consider additional time needed to respond to opposition from the community, address issues that arise during the CEQA review process, or City Council action following proposed modifications from the Coastal Commission. Furthermore, without additional changes to current regulations, the Coastal Act, or additional guidance from the Coastal Commission, this bill is unlikely to result in the development of additional affordable housing. Affordable housing has been removed from the Coastal Act since the 1980s, and there are several goals in the Coastal Act that conflict with policies intended to promote affordable housing City of Carlsbad City Council City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t May 10, 2022 Item #12 Page 46 of 103 development. Absent clear direction from the legislature through changes to the Coastal Act, there will remain a conflict between existing coastal planning goals (including goals to eliminate impacts to parking and provide coastal access) and many of the provisions within recently adopted housing laws. Without additional legislation, it's unlikely that adding another agency to review regulations will result in any positive change to housing affordability. With all of this considered, adopting an amendment to our LCP to identify a streamlined permitting process by January 1, 2024, is unachievable and not recommended. For the reasons listed above we must oppose AB 500 (Ward). Should you have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916} 974- 9270. Sincerely, Matt Hall Mayor City of Carlsbad CC: Assemblymember Tasha Boerner Horvath Senator Pat Bates Members of the Senate Governance and Finance Committee Members of the Carlsbad City Council May 10, 2022 Item #12 Page 47 of 103 February 11, 2022 The Honorable Tasha Boerner Horvath California State Assembly 1021 0 Street, Room 4150 Sacramento, CA 95814 ("cityof Carlsbad RE: AB 1672 (Boerner Horvath) Lifeguard Certification Equivalency -SPONSOR Dear Assemblymember Boerner Horvath, The City of Carlsbad is proud to SPONSOR your Assembly Bill 1672, which will allow for lifeguards who are certified by the United States Lifesaving Association {USLA) to provide services at our city swimming pools. The City has two swimming pools, the Alga Norte Aquatic Center and the Monroe Street Pool, which are both in high demand year-round by members of the community, including school swim teams and water polo teams and other aquatics programs. Due to lifeguard staffing shortages, weekday hours at the Monroe Street Pool have been temporarily reduced by nearly 70 percent since mid-September 2021. During the reduced hours, Monroe Street Pool passes are honored at the Alga Norte Aquatic Center. Although the City is actively recruiting for additional lifeguards, the City has had difficulty in staffing the positions to a level where the pool can return to its original operating hours. City of Carlsbad beach lifeguards have the United States Lifesaving Association (USLA) certification necessary for beach lifeguarding, but they cannot work in City-operated pools because they do not have the American Red Cross or YMCA lifeguard certifications necessary for pool lifeguarding. The City believes the USLA certification to be equivalent to the American Red Cross and YMCA certifications. The physical environment, rescue scenarios and medical care associated with beach lifeguarding are significantly more complex than those associated with pool lifeguarding. Given that USLA is recognized as the standard certification for lifeguarding ih the ocean environment, the USLA training and physical fitness standards are appropriately the most stringent among the various certification programs. 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 lifeguards would be more than capable of getting to the bottom of a 13' deep, clear, still water pool to retrieve a victim. Our City Council and the residents of Carlsbad have full confidence should USLA-certified lifeguards be deployed to provide pool lifeguarding services, the USLA-certified lifeguards would perform their lifeguarding duties with the same skills and to the same standards as those performed by American Red Cross/YMCA-certified pool lifeguards. City of Carlsbad City Council City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t May 10, 2022 Item #12 Page 48 of 103 This modest yet critical bill is why the City of Carlsbad thanks you and is pleased to SPONSOR your Assembly Bill 1672. Should you have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at {916) 974-9270. Sincerely, Matt Hall Mayor City of Carlsbad CC: Members, Assembly Health Committee Assemblymember Tasha Boerner Horvath Senator Pat Bates Members of the Carlsbad City Council May 10, 2022 Item #12 Page 49 of 103 February 11, 2022 The Honorable Tasha Boerner Horvath California State Assembly Sacramento, CA 95814 C cityof Carlsbad RE: AB 1682 (Boerner Horvath) Lifeguard Vessel Speed Limit Exemption -SPONSOR Dear Assemblymember Boerner Horvath, The City of Carlsbad is proud to SPONSOR your Assembly Bill 1682, which will clarify that city-owned ocean lifeguard vessels are exempt from the 5-mph speed limit in Harbors and Navigation Code Section 655.2(a). Current law exempts state-and county-owned ocean lifeguard vessels from this speed limit but does not exempt city-owned vessels, even though the lifeguards using the vessels perform identical rescue duties. A recent court case, Haytasinqh v. City of San Diego, brought light to an issue that could have serious liability implications for cities. The plaintiff alleged the lifeguard while on duty, negligently operated a city-owned jet ski, causing him to dive off his surfboard and sustain serious injuries. The case went to trial and the jury ultimately rendered a defense verdict in favor of the City of San Diego and its lifeguard. The plaintiff appealed the decision, and the Court of Appeal in San Diego reversed the decision of the trial court. The appellate court concluded that, while state and county lifeguard vessels are exempt from the 5-mph speed limit in Harbors and Navigation Code Section 655.2(a), city lifeguard vessels are not exempt. Therefore, a jury should be allowed to consider whether the city's lifeguard was grossly negligent for exceeding the 5-mph speed limit while performing her duties. The Supreme Court declined to review the case; however, both the Appellate Court and the Supreme Court urged the Legislature to clarify and address the ambiguity in law over the application of the 5- mph speed limit to cities. A statement put forth by four of the Supreme Court justices said: "It will be of little comfort to the next swimmer or surfer in peril to learn that the most effective means of saving him or her is unavailable due to a latent ambiguity in the Harbors and Navigation Code," and urging "the Legislature to address this ambiguity forthwith." Further, the Supreme Court's statement noted, the 5-mph limitation "on lifesaving rescue watercrafts, which regularly operate in rough surf to rescue bathers who are in grave danger, imperils public safety." Our lifeguards patrol the beaches and find themselves responsible for not only our residents but nearly 3 million visitors a year. In San Diego County alone there are over 35 million tourists who come to enjoy more than 70 miles of coastline. It is the lifeguards who patrol these beaches throughout the State that find themselves as the first responders in a drowning or other ocean accident-related incident. Having to adhere to a 5-mph speed limit will endanger lives. City of Carlsbad City Council City Hall 1200 Ca rlsbad Village Drive I Ca rlsbad, CA 92008 I 760-434-2820 t May 10, 2022 Item #12 Page 50 of 103 We thank you and are pleased to SPONSOR your Assembly Bill 1682. Should you have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916) 974-9270. Sincerely, Matt Hall Mayor City of Carlsbad CC: Members, Assembly Public Safety Committee Senator Pat Bates Members of the Carlsbad City Council May 10, 2022 Item #12 Page 51 of 103 April 27, 2022 The Honorable Chris Holden California State Senate 1021 0 Street, Room 5132 Sacramento, CA 95814 ( City of Carlsbad RE: AB 1737 (HOLDEN) CHILDREN'S CAMPS: LOCAL REGISTRATION AND INSPECTIONS, AS AMENDED MARCH 28, 2022 -OPPPOSE Dear Assemblymember Holden On behalf of the City of Carlsbad, we must regretfully oppose your AB 1737, which would place additional unfunded oversight, registration, and reporting requirements on cities and counties to verify that children's camps are in compliance with applicable health and safety code. We take pride in providing many critical services to our community and seek to be leaders in good governance and in protecting the safety of all residents. We especially are sensitive to and supportive of bolstering the protections around keeping the most vulnerable -our children -safe. We applaud the author's intent and share his concern for ensuring the safety of children while under the supervision of camp professionals. However, the solutions outlined in AB 1737 would create subs-tantial new responsibilities for local agencies. Many, if not most, cities throughout the state would not have capacity to meet these additional administrative burdens. Under the bill, cities like ours would be required to: 1} Develop a registration form and process for identifying and ensuring that operators required to register with the city do so, and which the city must keep record of, along with copies of operators' operating plans and emergency action plans, 2} Make at least one unannounced inspection and one scheduled inspection of each camp within its jurisdiction a year, and at any other time there is reason to believe a violation has occurred, 3} Make additional unannounced or scheduled inspections of a children's camp as requested or based on a complaint filed by any person with a "legitimate basis" for the request, 4} Confirm all necessary certifications for the activities offered at the children's camp are current and on file during a site inspection, 5} Issue notice of violation to a camp operator and the camp director when found, for correction, 6} Post violations issued on its website until the local agency confirms mitigation of the violation, 7} Conduct a follow-up inspection to confirm the mitigation of any violation issued (the legislation is silent on city obligations related to further enforcement action in the event a notice of violation is ignored}, 8) Maintain all records of each children's camp inspection and make them available for public inspection, City of Carlsbad City Council City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t May 10, 2022 Item #12 Page 52 of 103 9) Provide free, certified copies of any inspection report or citation issued to a complaining party or their agent and in some cases to any potentially affected campers or their agents, and 10) Submit an annual report to the State Department of Public Health on these activities. The sheer volume of these programs could easily overwhelm limited staff that would be tasked with the above extensive new oversight obligations. Children's camp, as defined by this bill, would mean nearly any entity that offers daytime or overnight social, cultural, educational, recreational, or artistic programming to more than five children between 3 and 17 years for five days or longer during at least one season . This would capture the full spectrum of local children's activities, from church camps to afterschool programming to sports camps and beyond. Establishing a registration process would require the development or procurement of a registration system, which is estimated to cost between $50,000 and $100,000. In addition, the city would anticipate incurring ongoing licensing and maintenance fees. The city does not currently have any staff that perform the required types of inspections. We would have to hire and train staff to do them, as well as to assist with the administrative aspects of operating an inspection program. Finding and maintaining needed staff would be a significant challenge. While AB 1737 allows local agencies to charge a reasonable fee for registration and inspection activities, conducting a fee study would be required in advance of doing so. Furthermore, the new fee would likely increase the cost of camps, which may make it more difficult for working families, who most need them, to afford them. Additionally, the fee would fail to cover the administrative costs associated with all the additional requirements this bill would place upon local agencies in order to be in compliance. For these reasons we must respectfully oppose this bill. Please reach out to our lobbyist with the Renne Public Policy Group, Sharon Gonsalves, at 916-849-5536 with questions. Sincerely, Matt Hall Mayor City of Carlsbad CC: Members and Staff, Assembly Committee on Appropriations Assembly Republican Caucus Assemblymember Tasha Boerner Horvath Senator Pat Bates Members of the Carlsbad City Council May 10, 2022 Item #12 Page 53 of 103 April 27, 2022 The Honorable Laura Friedman California State Assembly State Capitol Building, Room 2137 Sacramento, CA 95814 {cityof Carlsbad RE: Assembly Bill 2097 (Friedman) -Residential and Commercial Development: Remodeling, Renovation, and Additions: Parking Requirements. Notice of Opposition Dear Assemblywoman Friedman : On behalf of the City of Carlsbad, we must respectfully oppose your AB 2097, which would eliminate minimum parking requirements within a half-mile of any public transit. While we realize that reducing carbon emissions and increasing housing in California are noble and serious goals, a statewide preemption of local parking standards not only fails to achieve these goals but also hinders a city's ability to grow and foster development appropriately. The City of Carlsbad has taken action to comply with several parking reform measures in recent years. However, local standards are often instituted to maximize the productivity of the specific development and the nearby area. A one size fits all model being forcibly applied to developments does not provide a sound basis for good community development. Proximity to public transit does not guarantee adequate nor convenient use of that public transit. Thus, restricting parking requirements within one half-mile of a public transit station will still leave many individuals living, working and shopping on those parcels without access to public transit. For the reasons listed above we must oppose AB 2097. Should you have any questions please contact our legislative advocate, Sharon Gonsalves, with the Renne Public Policy Group, at (916) 974-9270. Sincerely, Matt Hall Mayor City of Carlsbad CC: Members, Assembly Appropriations Committee Assemblymember Tasha Boerner Horvath Senator Pat Bates Members of the Carlsbad City Council Exhibit 4 Proposed revisions to 2022 Legislative Platform 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 QualityClimate ChangeCalifornia Environmental Quality Act (CEQA) Hazardous MaterialsSolid Waste, Recycling and Diversion UtilitiesCoastal 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 May 10, 2022 Item #12 Page 54 of 103 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 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. May 10, 2022 Item #12 Page 55 of 103 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. (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. May 10, 2022 Item #12 Page 56 of 103 4 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. May 10, 2022 Item #12 Page 57 of 103 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 (a) Support legislation that either requires citizen initiatives to comply with the California Environmental Quality Act 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. May 10, 2022 Item #12 Page 58 of 103 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 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. May 10, 2022 Item #12 Page 59 of 103 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 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. May 10, 2022 Item #12 Page 60 of 103 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 (Jan. 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. May 10, 2022 Item #12 Page 61 of 103 9 (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 (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. May 10, 2022 Item #12 Page 62 of 103 10 (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. (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. May 10, 2022 Item #12 Page 63 of 103 11 (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 the Public Employment Relations Board). (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. (i) Oppose measures that would expand release time for union business. (j) Oppose measures that would establish confidentiality privileges for union representatives. May 10, 2022 Item #12 Page 64 of 103 12 (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 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. (g) Support legislation that would increase civic participation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions to participate virtually May 10, 2022 Item #12 Page 65 of 103 13 (post COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act. (h) Support legislation that would permit a minority number of council members to virtually participate in meetings without having physical location posting requirements, so long as a physical in-person meeting quorum is present. (i) Support state funding efforts to assist with enhanced public access for members of the community. (j) Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements. 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. May 10, 2022 Item #12 Page 66 of 103 14 (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. 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. May 10, 2022 Item #12 Page 67 of 103 15 (f) Support legislation that allows entitlement cities to use Community Development Block Grant, or 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. (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. May 10, 2022 Item #12 Page 68 of 103 16 (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. (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. May 10, 2022 Item #12 Page 69 of 103 17 6. Public Safety Fire Services (a) Oppose legislation that would restrict or reduce the ability of local government to determine the extent or method of fire hazard mitigation necessary in or around wildland areas. (b) Oppose legislation that would diminish local control to set and assess fire inspection fees. (c) Support legislation that preserves local agencies’ ministerial development review and approval rights, including applicability to accessory dwelling units. (d) Oppose legislation that attempts to circumvent code requirements by statute. (e) Support legislation that would enhance statewide wildland fire safety infrastructure. Emergency Services and Preparedness (a) Support legislation granting immunity to or limiting liability of governmental entities and their employees who provide emergency medical instructions and/or treatment as a part of their public safety dispatch system. (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. May 10, 2022 Item #12 Page 70 of 103 18 (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. (f) 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 Program and federal Community Oriented Police Services, and to provide funding for local agencies to recoup the costs of crime and increase community safety. (h) 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. May 10, 2022 Item #12 Page 71 of 103 19 (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. (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. May 10, 2022 Item #12 Page 72 of 103 20 (d) Support measures to expand and fund mental health and social- emotional health services, including the provision of such services and safety education in schools. (e) Support measures to provide resources to develop school safety guidelines, conduct comprehensive school safety audits and maintain continued vigilance and monitoring of safety matters in schools. (f) Support legislation to eliminate restrictions on the collection and compiling of data related to violence perpetrated with firearms, including research into the causes and consequences of gun violence. (g) Support measures to provide funding to support 911 communication centers. (h) Support measures to provide funding to support the San Diego Law Enforcement Coordination Center, a collaborative partnership among federal, state and local law enforcement/public safety agencies focused on enhancing coordination, information sharing, regional preparedness, training and investigative support/analysis for first responders and other public and private partners in the region. 7. Revenue and Taxation (a) Support legislation that assists cities to enforce and collect local taxes. (b) Support measures that protect the fiscal independence of cities and safeguard existing revenue sources from preemption by any other public agency (c) Oppose any change in revenue allocations which would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, transient occupancy tax and other taxes and fees. (d) Support legislation that makes funds to support public facilities (i.e., 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. May 10, 2022 Item #12 Page 73 of 103 21 (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. (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. May 10, 2022 Item #12 Page 74 of 103 22 (r) Support legislation that promotes regional collaboration on COVID-19 response efforts, including funding to support local businesses. State Mandates (a) Support legislation that would eliminate unfunded state and federal mandates or would require timely reimbursement to cities. (b) Oppose measures that would impose mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities. (c) Oppose legislation that creates surcharges for state oversight of state mandated programs. 8. Transportation, Communication and Public Works Transportation (a) Support measures that would increase the ability of local agencies to finance local and regional transportation facilities and improvements, including alternative modes of transportation and transportation demand management systems and transportation systems management initiatives. (b) Support legislation that provides for effective and efficient transportation alternatives. (c) Oppose transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems. (d) Encourage and support double tracking of the rail corridor within the City limits in a manner that: 1. Improves public safety access and response times. 2. Eliminates or reduces existing at-grade rail crossings within the rail corridor. 3. Improves local, regional, and coastal access for all travel modes (bike, pedestrian, vehicle, transit). 4. Minimizes impacts to neighborhoods. 5. Maximizes community and neighborhood connections. 6. Protects and/or improves the economic vibrancy of surrounding neighborhoods and the city. 7. Protects and/or enhances environmental resources. May 10, 2022 Item #12 Page 75 of 103 23 (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 the 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. (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. May 10, 2022 Item #12 Page 76 of 103 24 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. May 10, 2022 Item #12 Page 77 of 103 RESOLUTION NO. 2022-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY OF CARLSBAD 2022 LEGISLATIVE PLATFORM TO SUPPORT REFORMS TO THE RALPH M. BROWN ACT THAT WOULD EASE LOCAL JURISDICTIONS' ABILITY TO CONDUCT HYBRID STYLE (IN PERSON AND VIRTUAL) MEETINGS Exhibit 5 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, on January 11, 2022, the City Council adopted Resolution No. 2022-012, approving the City of Carlsbad 2022 Legislative Platform; and WHEREAS, on April 29, 2022, the City Council Legislative Subcommittee unanimously passed a motion to recommend that the City Council approve the addition of four new Legislative Platform position statements in support of proposed reforms to the Ralph M. Brown Act that would ease local jurisdictions' ability to conduct hybrid style (in person and virtual) meetings; and WHEREAS, the recommended revisions, which are reflected in Attachment A, are to amend Section 4 -Governance, Transparency, and Labor Relations to include the following position statements: "g. Support legislation that would increase civic participation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions to participate virtually (post COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act. "h. Support legislation that would permit a minority number of council members to virtually participate in meetings without having physical location posting requirements, so long as a physical in- person meeting quorum is present. "i. Support state funding efforts to assist with enhanced public access for members of the community. "j. Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The City of Carlsbad 2022 Legislative Platform, as amended to include four new Legislative Platform position statements in support of proposed reforms to the Ralph M. Brown Act that would ease local jurisdictions' ability to conduct hybrid style (in person and virtual) meetings (Attachment A), is approved. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of May, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MA TT HALL, Mayor .ft'FAVIOLA MEDINA, City Clerk Services Manager (SEAL) 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 ChangeCalifornia Environmental Quality Act (CEQA) Hazardous Materials Solid Waste, Recycling and Diversion Utilities Coastal Issues 3. Water General PrinciplesWater ConservationWater Recycling Water QualityWater Storage & Conveyance SystemsNew TechnologyFinancial 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 May 10, 2022 Item #12 Page 80 of 103 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 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. May 10, 2022 Item #12 Page 81 of 103 3 (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. May 10, 2022 Item #12 Page 82 of 103 4 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. May 10, 2022 Item #12 Page 83 of 103 5 (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. May 10, 2022 Item #12 Page 84 of 103 6 (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 May 10, 2022 Item #12 Page 85 of 103 7 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 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. May 10, 2022 Item #12 Page 86 of 103 8 (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 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. May 10, 2022 Item #12 Page 87 of 103 9 (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. May 10, 2022 Item #12 Page 88 of 103 10 (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. May 10, 2022 Item #12 Page 89 of 103 11 (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. (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. May 10, 2022 Item #12 Page 90 of 103 12 (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. (g) Support legislation that would increase civic participation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions to participate virtually (post COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act. May 10, 2022 Item #12 Page 91 of 103 13 (h) Support legislation that would permit a minority number of council members to virtually participate in meetings without having physical location posting requirements, so long as a physical in-person meeting quorum is present. (i) Support state funding efforts to assist with enhanced public access for members of the community. (j) Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements. 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 May 10, 2022 Item #12 Page 92 of 103 14 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. 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. May 10, 2022 Item #12 Page 93 of 103 15 (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. (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. May 10, 2022 Item #12 Page 94 of 103 16 (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. (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. May 10, 2022 Item #12 Page 95 of 103 17 (b) Oppose legislation that would diminish local control to set and assess fire inspection fees. (c) Support legislation that preserves local agencies’ ministerial development review and approval rights, including applicability to accessory dwelling units. (d) Oppose legislation that attempts to circumvent code requirements by statute. (e) Support legislation that would enhance statewide wildland fire safety infrastructure. Emergency Services and Preparedness (a) Support legislation granting immunity to or limiting liability of governmental entities and their employees who provide emergency medical instructions and/or treatment as a part of their public safety dispatch system. (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. May 10, 2022 Item #12 Page 96 of 103 18 (c) Support legislation that would allow for the destruction, confiscation, or extended safekeeping of firearms or other deadly weapons involved in domestic violence incidents. (d) Support legislation that strengthens penalties for violent offenders. (e) Support legislation that would increase accountability and transparency among law enforcement agencies and personnel. (f) Support legislation that encourages or mandates police training 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. 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 May 10, 2022 Item #12 Page 97 of 103 19 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. (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. May 10, 2022 Item #12 Page 98 of 103 20 (f) Support legislation to eliminate restrictions on the collection and compiling of data related to violence perpetrated with firearms, including research into the causes and consequences of gun violence. (g) Support measures to provide funding to support 911 communication centers. (h) Support measures to provide funding to support the San Diego Law Enforcement Coordination Center, a collaborative partnership among federal, state and local law enforcement/public safety agencies focused on enhancing coordination, information sharing, regional preparedness, training and investigative support/analysis for first responders and other public and private partners in the region. 7. Revenue and Taxation (a) Support legislation that assists cities to enforce and collect local taxes. (b) Support measures that protect the fiscal independence of cities and safeguard existing revenue sources from preemption by any other public agency (c) Oppose any change in revenue allocations which would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, transient occupancy tax and other taxes and fees. (d) Support legislation that makes funds to support public facilities (i.e., 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. May 10, 2022 Item #12 Page 99 of 103 21 (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. (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. May 10, 2022 Item #12 Page 100 of 103 22 (b) Oppose measures that would impose mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities. (c) Oppose legislation that creates surcharges for state oversight of state mandated programs. 8. Transportation, Communication and Public Works Transportation (a) Support measures that would increase the ability of local agencies to finance local and regional transportation facilities and improvements, including alternative modes of transportation and transportation demand management systems and transportation systems management initiatives. (b) Support legislation that provides for effective and efficient transportation alternatives. (c) Oppose transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems. (d) Encourage and support double tracking of the rail corridor within the City limits in a manner that: 1. Improves public safety access and response times. 2. Eliminates or reduces existing at-grade rail crossings within the rail corridor. 3. Improves local, regional, and coastal access for all travel modes (bike, pedestrian, vehicle, transit). 4. Minimizes impacts to neighborhoods. 5. Maximizes community and neighborhood connections. 6. Protects and/or improves the economic vibrancy of surrounding neighborhoods and the city. 7. Protects and/or enhances environmental resources. (e) Oppose legislation that diminishes local control over the regulation and deployment of micro-mobility solutions. (f) Oppose measures that would result in the consolidation of the North County Transit District and Metropolitan Transit System. May 10, 2022 Item #12 Page 101 of 103 23 (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. (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. May 10, 2022 Item #12 Page 102 of 103 24 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. May 10, 2022 Item #12 Page 103 of 103 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Mayor Hall and City Council, Lennie A <lenarkans@gmail.com> Monday, May 9, 2022 7:41 PM City Clerk May 10th, 2022 -Agenda #12 All Receive -Agenda Item # 12. For the Information of the: ~yl"f'( COUNCIL Date~✓ CC ./ CM ~ACM ~DCM (3) 1/ Under the 1st Amendment, I would appreciate the opportunity to participate in virtual meetings should I be unable to attend in person meetings. My questions for Council: 1. under what rules and circumstances are the Council members allowed to attend virtually? 2. will there be a limited amount of virtual meetings allowed per quarter, year to avoid abuse? With today's technology, you can be anywhere at any time. I just want to be clear that in person meetings are best when making life changing decisions for the citizen's of Carlsbad. Respectfully, Ellie Arkans CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Mayor Hall and City Council, tamara9497@yahoo.com Tuesday, May 10, 2022 8:40 AM City Clerk #12 I would like both virtual and in person meetings, should I be unable to attend in person meetings. 1. under what rules and circumstances are the Council members allowed to attend virtually? 2. will there be a limited amount of virtual meetings allowed per quarter, year to avoid abuse? In person meetings would be ideal when citizens are making life changing decisions for Carlsbad. Thank you, Tamara Tamara Dixon 619-787-7396 Tarnara9497@yahoo.com CAUTION: Do not open attachments or click on links unless 3