HomeMy WebLinkAbout2023-01-10; City Council; ; 2023 Legislative Platform and Legislative Program UpdateCA Review CKM
Meeting Date: Jan. 10, 2023
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: 2023 Legislative Platform and Legislative Program Update
Districts: All
Recommended Actions
Staff recommends the following actions:
1. Adopt a resolution approving the City of Carlsbad 2023 Legislative Platform
2. Direct staff to advocate for two city-sponsored state legislative proposals and for federal,
state, and county funding for specified city projects
3. Receive reports on state and federal legislative and budget activity and recent and ongoing
advocacy efforts and provide feedback to staff
Executive Summary
This item proposes amendments to the city’s legislative platform, as recommended by the City
Council Legislative Subcommittee, for adoption by the City Council.
The subcommittee’s recommendations – that the city sponsor two proposed pieces of state
legislation, one dealing with protections against workplace harassment and one concerning
electric bicycle rider safety training and licensing, and advocate for certain state and federal
budget appropriations – are presented for the City Council’s consideration and direction to
staff. This item also presents reports on state and federal legislative and budget activity and the
city’s advocacy efforts.
Explanation & Analysis
City of Carlsbad 2023 Legislative Platform
City Council Policy No. 39 - Intergovernmental Affairs Program established the guidelines of the
city’s intergovernmental affairs program, which enables the city to efficiently and effectively
address intergovernmental and legislative matters affecting the city. The policy called for the
city to adopt a legislative platform expressing the city’s general legislative concerns.
The City Council Legislative Subcommittee was established by the City Council in 2019. Its
duties include conducting an annual review of the city’s legislative platform and recommending
amendments to the City Council, as needed. As part of the annual review of the platform, the
city’s legislative consultant, Renne Public Policy Group, and staff met with city departments to
review the platform and brought changes to the subcommittee for consideration. The
Jan. 10, 2023 Item #6 Page 1 of 94
subcommittee reviewed the staff-recommended changes and offered its own changes to the
City of Carlsbad 2022 Legislative Platform. The changes have been incorporated into the
proposed City of Carlsbad 2023 Legislative Platform (Exhibit 2), which the subcommittee
recommends the City Council approve.
State and federal budget requests
Based upon input provided by staff and the city’s legislative consultants, the subcommittee
identified the following city projects as having the greatest need and likelihood of receiving
state, federal and/or county funding support:
• Electric vehicle charging stations
• Fire Station 7: site acquisition and design
• La Posada de Guadalupe homeless shelter expansion
• Maerkle Reservoir Solar Project
• Monroe Street Pool Replacement Project
• Lowering the railroad tracks in the Village
• Safe Routes to School improvements: bicycle, vehicle & pedestrian safety
• Utility undergrounding
• Sea level rise adaptation and shoreline preservation
• Stagecoach Park Community Garden Project
For 2023, the subcommittee recommends that the City Council direct staff to engage Carlsbad’s
state, federal and county representatives to determine which of the above projects they most
support and then tailor the city’s requests to pursue the necessary budget allocations.
Obtaining funding for these projects, which will span many years, will be dependent on not only
the city’s priorities but also on state, federal and regional funding priorities and budget
surpluses.
State legislative proposals
The subcommittee also recommended that the City Council direct staff to pursue two legislative
proposals during the 2023-2024 legislative session. These laws would:
• Allow employers to seek a restraining order on behalf of an employee who is
suffering 3rd party harassment
• Establish requirements for statewide electric bicycle rider safety training and
licensing
The needs addressed by the first proposal, the problems that exist under current law and a
proposed legislative remedy are outlined in Exhibit 3. For the second, additional research is
needed, including an in-depth review of existing legislation and engaging the city’s state
representatives and stakeholder groups to further develop and determine the viability of
advancing such legislation.
Jan. 10, 2023 Item #6 Page 2 of 94
Renne Public Policy Group - state lobbyist and government relations services
In January 2022, the City Manager executed a contract in the amount of $72,000 with Renne
Public Law Group LLP, doing business as the Renne Public Policy Group, or RPPG, to provide
2022 state lobbyist and government relations services. Over the past year, RPPG has worked
closely with city staff and the Legislative Subcommittee, providing detailed information,
analysis and advocacy on state legislative and budget proposals of interest to the city. RPPG’s
2022 End of Year Report (Exhibit 5) provides an overview of the services provided to the City of
Carlsbad during the 2022 legislative year, insights into the 2023 legislative session and a
summary of state grant opportunities. The city is in the process of extending RPPG’s contract to
continue providing services to the city in 2023.
Carpi & Clay – federal lobbyist and government relations services
In December 2022, the City Manager executed a $60,000 contract with Carpi & Clay, Inc. to
provide 2023 federal lobbyist and government relations services. Carpi & Clay will track all
federal activity on issues such as health and human services, land use, energy, water and
natural resources, infrastructure, transportation, economic development, environment,
criminal justice, climate change, and equity, among others. It will keep the city informed and
advocate on the city’s behalf, as directed, on any legislation or potential legislation that could
affect city operations and funding. The City Council will receive monthly written reports on
federal monitoring and advocacy efforts (Exhibit 6), and Carpi & Clay will begin work with the
City Council Legislative Subcommittee in 2023.
Fiscal Analysis
This item has no fiscal impact.
Options
Staff and the subcommittee recommended the City Council approve the proposed legislative
platform, funding priorities and legislative proposals. The City Council could also choose to offer
amendments to the proposal, provide additional input to direct staff to pursue other legislative
priorities and initiatives or send the matter back to the subcommittee.
Next Steps
The adopted City of Carlsbad 2023 Legislative Platform will guide staff, the Legislative
Subcommittee and the city’s state and federal legislative consultants in their efforts to address
various intergovernmental and legislative matters that may impact the city. Upon City Council
direction, staff, members of the subcommittee and the city’s legislative consultants will pursue
the city’s priority state legislative proposals and budget requests.
Environmental Evaluation
This action does not require environmental review because it 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 or a reasonably foreseeable indirect physical change in the environment.
Jan. 10, 2023 Item #6 Page 3 of 94
Exhibits
1. City Council resolution
2. Proposed amendments to City of Carlsbad 2022 Legislative Platform (revisions highlighted)
3. Legislative proposal – Workplace Harassment Restraining Order
4. Renne Public Policy Group - 2022 End of Year Report
5. Carpi & Clay – Monthly Federal Update – January 3, 2023
Jan. 10, 2023 Item #6 Page 4 of 94
RESOLUTION NO. 2023-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE CITY OF CARLSBAD 2023 LEGISLATIVE
PLATFORM
WHEREAS, on April 19, 1994, the City Council issued City Council Policy No. 39 to establish the
guidelines of the City's legislative program; and
WHEREAS, City Council Policy No. 39 calls for the city to adopt a legislative platform expressing
the city's general legislative concerns; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution No. 2019-137, authorizing the
formation of a standing City Council Legislative Subcommittee; and
WHEREAS, Resolution No. 2019-137 established the duties of the City Council Legislative
Subcommittee to include conducting an annual review of the City of Carlsbad Legislative Platform and
recommending amendments to the City Council; and
WHEREAS, the City Council Legislative Subcommittee has reviewed the City of Carlsbad
Legislative Platform and recommends adoption of the amended City of Carlsbad 2023 Legislative
Platform presented in Attachment A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Council approves the City of Carlsbad 2023 Legislative Platform as shown
in Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of January, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
KEITH BLA
'lZlt,
ayor
�SHERRY FREISINGER, City Clerk
-, {SEAL)
Exhibit 1
Jan. 10, 2023 Item #6 Page 5 of 94
Attachment A
CITY OF CARLSBAD
2023 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
• 2023 Legislative Priorities
• 2023 Legislative Platform: Position Statements
1. Community Services
Arts, Cultural Resources, Historic Preservation
and Education
Child Care
Park Bond Funds
Public Parks/Recreational Facilities
Public Libraries
Seniors
Healthy Cities
2. Environmental Quality
Climate Change California Environmental Quality Act (CEQA) Hazardous Materials
Solid Waste, Recycling and Diversion Utilities
Coastal Issues
3. Water
General Principles Water Conservation Water Recycling
Water Quality Water Storage & Conveyance Systems New Technology Financial Considerations
4. Governance, Transparency and Labor Relations
Labor Relations
Workers’ Compensation
Governance and Ethics
Elected Officials
5. Housing, Community and Economic Development
Planning and Zoning
Housing
Subdivision Map Act
Economic Development
6. Public Safety
Fire Services
Emergency Services and Preparedness
Law Enforcement
Drugs and Alcohol
Homelessness
Miscellaneous
7. Revenue and Taxation
State Mandates
8. Transportation, Communication and Public Works
Transportation
Public Works
Contracts
Telecommunications
Jan. 10, 2023 Item #6 Page 6 of 94
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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.
2023 Legislative Priorities
The city’s advocacy efforts will focus primarily on advancing the strategic goals adopted
by the City Council, including:
1. Community Character
2. Quality of Life & Safety
3. Sustainability & the Natural Environment
4. Economic Vitality
5. Organizational Excellence & Fiscal Health
2023 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.
Jan. 10, 2023 Item #6 Page 7 of 94
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(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 increased and sustainable 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.
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.
(b) Support legislation that advances the objectives of the Age Friendly
Carlsbad Action Plan, including increased and sustainable funding for
senior transportation services, social and civic engagement programs and
senior housing.
Jan. 10, 2023 Item #6 Page 8 of 94
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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.
Jan. 10, 2023 Item #6 Page 9 of 94
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(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.
Jan. 10, 2023 Item #6 Page 10 of 94
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(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 demand-side
management programs.
Jan. 10, 2023 Item #6 Page 11 of 94
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(j) Support legislation that provides funding for renewable energy
generation and energy storage projects.
(k) Support legislation that minimizes adverse environmental impacts of the
state’s and the region’s energy use.
(l) Support funding and legislation that promotes the development of
alternative energy sources.
(m) 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.
(n) Support legislation that protects competitive neutrality, procurement
autonomy, ratepayer affordability, reliability, decarbonization and social
equity initiatives of community choice aggregation.
(o) 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.
Jan. 10, 2023 Item #6 Page 12 of 94
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(g) Support decommissioning of existing offshore oil drilling and pipeline
infrastructure in all State of California and U.S. waters off the California
coast.
(h) Support legislation providing that if Coastal Commission staff has an
opportunity to participate in local and or regional habitat management
plans, there is a presumption of consistency with the Federal Coastal
Management Act.
(i) Support legislation to allow cities to issue all coastal development
permits within their jurisdiction consistent with a previously certified
coastal plan.
(j) Support legislation that allocates state and federal funds for the
construction of facilities to capture and treat the flow of raw sewage
entering San Diego from Tijuana.
(k) Support legislation that provides direction to the California Coastal
Commission through changes to the Coastal Act that would allow for
construction of seawalls or other shoreline protection devices for existing
structures, as defined by a local jurisdiction’s Local Coastal Program and
up to the date of adoption of amendments to the Local Coastal Program.
(l) Oppose legislation that would backdate the consideration date of existing
structures to only those that existed prior to establishment of the Coastal
Act (January 1, 1977).
3. Water
General Principles
(a) Support measures that provide for the equitable allotment and
distribution of preferential water rights.
(b) Support legislation that protects and improves the reliability,
affordability, self-sufficiency, quality and security of local and imported
water supplies.
(c) Support legislation that ensures the San Diego County Water Authority
and its member agencies receive the water supply benefits of their
investment in local water supply sources.
(d) Support legislation that provides for the development of a
comprehensive state water plan that balances California’ s water needs
and results in a reliable and affordable supply of high-quality water for
the San Diego Region.
Jan. 10, 2023 Item #6 Page 13 of 94
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(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.
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(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.
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(c) Support legislation that allows Water Districts to award contracts in
conformity with the provisions of the local City Charter.
(d) Support legislation that provides state and federal funds to local agencies
for programs and projects that provide for the supply, storage, recycling,
reclaiming, reuse and quality improvement of water resources.
(e) Oppose any new tax or fee on water that does not benefit ratepayers.
4. Governance, Transparency, and Labor Relations
Labor Relations
(a) Support legislation that allows cities with civil service/personnel systems
to contract out services to the private sector to save taxpayer dollars.
(b) Support legislation that limits the ability of employees to receive workers'
compensation benefits for occupational injuries/illnesses that result from
stress, disciplinary action, or performance evaluations or consultations.
(c) Support any measure that would reverse the imposition of compulsory
and binding arbitration with respect to public employees.
(d) Oppose any measure that would grant employee benefits that should be
decided at the local bargaining table.
(e) Oppose any legislation that would reduce local authority to resolve public
employee disputes, and support legislation that would preserve court
jurisdiction, and/or impose regulations of an outside agency (such as
PERB).
(f) Oppose measures that propose a standard higher than the normal civil
standards in disciplinary proceedings for peace officers.
(g) Support legislation that clarifies existing labor laws concerning whether
an individual is considered an employee rather than an independent
contractor.
(h) Support measures that promote recruitment efforts and educational
practices to advance and retain workplace diversity, equity and inclusion.
(i) Oppose measures that would expand release time for union business.
(j) Oppose measures that would establish confidentiality privileges for union
representatives.
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(k) Oppose measures that would require municipalities to pay erroneous
retirement benefits.
(l) Support funding and legislation that helps cities provide employee
support programs, increased personal protective equipment (PPE) and
other programs that promote employee overall wellness—particularly
for underrepresented and frontline essential workers.
(m) Support funding and legislation that would enhance efforts to prevent
third-party harassment and workplace violence.
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.
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(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.
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 measures that authorize local land use planning and zoning law
to override conflicting state law.
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(d) Support measures that ensure local land use planning or zoning initiatives
approved by voters shall not be nullified or superseded by the actions of
any local or state legislative body.
(e) Support legislation requiring environmental review of initiatives to
amend a general plan or zoning ordinance before the initiative is placed
on the ballot or enacted.
(f) Oppose legislation or constitutional amendments that would restrict the
power of California cities to use eminent domain for public purpose
projects.
(g) Support measures that allow local agencies to condition mobile home
park conversions from rental to resident ownership pursuant to local land
use regulations including a requirement to provide public improvements
and infrastructure where necessary to promote the health, safety, and
welfare of park residents.
(h) Support legislation that preserves the authority of local agencies to
regulate short-term vacation rentals.
(i) 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.
(j) 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.
Jan. 10, 2023 Item #6 Page 19 of 94
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(d) Support legislation that would provide additional funding for rental
subsidy assistance programs (such as the Housing Choice Voucher
Program, the federally funded rental subsidy program for low-income
households) via more sustainable vouchers or certificates.
(e) Support repeal of Article 34 (Public Housing Project Law) of the California
Constitution, which requires local voter approval of housing projects that
are intended for low-income people and that receive funding or
assistance from the federal and/or state government.
(f) Support legislation that allows entitlement cities to use Community
Development Block Grant (CDBG) funds for new construction of housing
units.
(g) Support state legislation that strengthens local inclusionary housing
programs for lower-income residents.
(h) Support the repeal or modification of the Davis-Bacon Wage Act, as it
relates to charter cities, that set a prevailing wage scale for public
projects, substantially increasing the cost of publicly assisted housing
developments.
(i) Support legislation that will consolidate and streamline the
administration and reporting requirements for the CDBG program.
(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.
Jan. 10, 2023 Item #6 Page 20 of 94
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(o) Oppose legislation that would expand the Coastal Commission’s authority
over state and local housing policy, which would result in administrative
inefficiencies and policy conflicts.
(p) Support legislation that modifies existing housing laws to remove
inconsistencies and improve clarity in application.
(q) Support housing legislation that would allow density increases to satisfy
the state’s “no net loss” requirements, when the increases occur
concurrent with or prior to a density reduction.
(r) Support legislation that more equitably applies rent control laws to
various types of rental housing, such as condominiums.
(s) Support legislation that prohibits property owners who are awarded tax
credit financed projects from charging Section 8 Housing Choice Voucher
clients a higher rent than the rent charged to non-Section 8 Housing
Choice Voucher clients.
Subdivision Map Act
(a) Support legislation that would automatically extend approved or
conditionally approved tentative, final and parcel maps under the
Subdivision Map Act during and for a limited time period after a
statewide financial or public health crisis, or other declared State of
Emergency.
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 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 financial or public health crisis, or other
declared State of Emergency.
Jan. 10, 2023 Item #6 Page 21 of 94
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(e) Support legislation that would remove impediments to the automatic
extension of local permits during and for a limited time period after a
financial or public health crisis, or other declared State of Emergency.
(f) Support legislation that provides eviction protections and funding for
rental assistance programs for residential and commercial tenants and
property owners impacted by a financial or public health crisis, or
other declared State of Emergency.
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 circumvents building or fire code requirements by
statute, including through the provision of a “deemed complete” or
“deemed approved" status when local agencies exceed maximum
application review timelines.
(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.
Jan. 10, 2023 Item #6 Page 22 of 94
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(d) Support legislation that would strengthen awareness of and access to
resources concerning community and disaster preparedness, public
health, safety, and resiliency.
(e) Support legislation that provides state and federal emergency funding
and regulatory relief that allows cities to devote the necessary resources
and meet the operational challenges of protecting the public health,
safety and welfare in response to a declared State of Emergency.
(f) Support legislation that clarifies the requirements for operating city-
owned ocean rescue watercraft.
Law Enforcement
(a) Support legislation that strengthens a diverse local law enforcement.
(b) Support measures that would provide a greater share of seized assets to
localities and increased discretion for local spending.
(c) Support legislation that would allow for the destruction, confiscation, or
extended safekeeping of firearms or other deadly weapons involved in
domestic violence incidents.
(d) Support legislation that strengthens penalties for violent offenders,
including sentencing enhancements for violently resisting or brandishing
a weapon during the commission of a property-related crime.
(e) Support legislation that strengthens penalties for individuals who commit
violent crimes as juveniles.
(f) Support legislation that would increase accountability and transparency
among law enforcement agencies and personnel.
(g) Support legislation that encourages or mandates police training to
include mental health awareness, implicit and explicit bias and de-
escalation techniques.
(h) 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.
(i) Support legislation that strengthens penalties for participating in any
coordinated effort to disrupt the use of public roads and publicly
accessible parking lots.
Jan. 10, 2023 Item #6 Page 23 of 94
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Drugs and Alcohol
(a) Support measures which strengthen present state or federal laws to
increase penalties and give local governments the power to restrict or
regulate the sale, manufacture, or use of dangerous drugs.
(b) Support legislation that discourages, prevents, and penalizes driving
under the influence of drugs or alcohol.
(c) Support legislation that enhanced local agencies ability to recover costs
from guilty parties for damage to public property and services in
accidents involving driving under the influence of drugs and/or alcohol.
(d) Support legislation that would provide funding for addiction
rehabilitation treatment.
(e) Support any measure that protects children and youth from exposure to
tobacco, second hand smoke and tobacco- and nicotine-related products.
(f) Support legislation that preserves local control over medical and adult-
use cannabis businesses, and enhances and protects maximum local
regulatory, land use, and enforcement authority in relation to such
businesses.
Homelessness
(a) Support funding and legislation that provides resources, including enriched
referral services, and outreach and case managers to help ensure local
governments have the capacity to address the needs of persons experiencing
homelessness in their communities, including resources for regional
collaborations.
(b) Support measures that provide resources to address the mental health needs
of persons experiencing homelessness.
(c) Preserve local control by increasing funding opportunities for housing
programs/projects that suggest, rather than require, compliance with the
Housing First model.
(d) Support legislation that creates streamlined protocols and metrics to be used
by homeless service providers and local agencies, providing more accurate
statistics of individuals experiencing homelessness, including in-flow and out-
flow information, cost-reporting of services rendered, and
individuals successfully housed.
Jan. 10, 2023 Item #6 Page 24 of 94
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(e) Support measures that facilitate regional and city-driven solutions to
address homelessness through crisis response, mental evaluation,
and homeless outreach teams.
(f) Support the expansion of conservatorship laws allowing for increased
guardianship control and health supervision of those suffering from mental
illness and recognizing mental illness and addiction as contributors to chronic
homelessness.
Miscellaneous
(a) Support legislation that would assist local safety agencies in
regionalization of activities such as training, crime labs, specialty
responses such as hazardous materials and technical rescue, and other
appropriate functions.
(b) Support legislation that provides financial assistance to local agencies for
Homeland Security.
(c) Support the enactment of legislation to prevent gun violence.
(d) Support measures to expand and fund mental health and social-
emotional health services, including the provision of such services and
safety education in schools.
(e) Support measures to provide resources to develop school safety
guidelines, conduct comprehensive school safety audits and maintain
continued vigilance and monitoring of safety matters in schools.
(f) Support legislation to eliminate restrictions on the collection and
compiling of data related to violence perpetrated with firearms, including
research into the causes and consequences of gun violence.
(g) Support measures to provide funding to support 911 communication
centers.
(h) Support measures to provide funding to support the San Diego Law
Enforcement Coordination Center, a collaborative partnership among
federal, state and local law enforcement/public safety agencies focused
on enhancing coordination, information sharing, regional preparedness,
training and investigative support/analysis for first responders and other
public and private partners in the region.
(i) Support legislation that provides financial assistance to local law
enforcement agencies for staff assigned to a regional task force.
Jan. 10, 2023 Item #6 Page 25 of 94
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7. Revenue and Taxation
(a) Support legislation that assists cities to enforce and collect local taxes.
(b) Support measures that protect the fiscal independence of cities and
safeguard existing revenue sources from preemption by any other public
agency
(c) Oppose any change in revenue allocations which would negatively
(current or future) affect local government, including the redistribution of
sales tax, property tax, transient occupancy tax and other taxes and fees.
(d) Support legislation that makes funds to support public facilities (i.e.,
buildings, roads, utilities, open space) more available to local
municipalities.
(e) Oppose legislation that attempts to eliminate the “pay first and litigate
later” provisions of law and oppose any bill that proposes to reduce or
eliminate the obligation of any online travel agency to pay transient
occupancy taxes under state or local law.
(f) Support measures which would strengthen cities' ability to reorganize
and consolidate water districts, sewer districts, school districts, and other
special districts that operate within or provide service to a city.
(g) Oppose federal measures which remove the deduction of all state and
local taxes for federal income tax purposes.
(h) Support measures that implement basic structural changes in state
government that result in state budget expenditures being brought into
balance with state revenues.
(i) Support measures which relieve taxpayers of the burden of paying for
services which could be charged directly to the service user, and which
simplify the process of establishing such fees.
(j) Support legislation that would provide greater accountability on the part
of counties for the distribution of funds back to municipalities, including,
but not limited to, fines and forfeitures.
(k) Support measures to reinstate flexibility in the administration of Article
XIII-B (The Gann Initiative), which establishes an annual appropriations
limit on the state and most local governments.
Jan. 10, 2023 Item #6 Page 26 of 94
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(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 resulting from a
financial or public health crisis, or other declared State of Emergency.
(r) Support legislation that promotes regional collaboration on response
efforts addressing the impacts of a financial or public health crisis, or
other declared State of Emergency, including funding to support local
businesses.
(s) Support legislation that provides flexibility concerning the disposition
of municipally owned real estate assets to promote economic
development and other public purposes.
State Mandates
(a) Support legislation that would eliminate unfunded state and federal
mandates or would require timely reimbursement to cities.
(b) Oppose measures that would impose mandates for which there is no
guarantee of local reimbursement or offsetting benefits, or would shift
the cost of government services to cities.
(c) Oppose legislation that creates surcharges for state oversight of state
mandated programs.
Jan. 10, 2023 Item #6 Page 27 of 94
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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 safe, effective and efficient
transportation alternatives for all travel modes.
(c) Support funding and legislation that provides direct support to cities to
advance roadway safety through education, engineering and
enforcement.
(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
(bicycle, pedestrian, vehicle, transit).
4. Minimizes impacts to neighborhoods.
5. Maximizes community and neighborhood connections.
6. Protects and/or improves the economic vibrancy of surrounding
neighborhoods and the city.
7. Protects and/or enhances environmental resources.
(e) Oppose legislation that diminishes local control over the regulation and
deployment of micro-mobility solutions.
(f) Oppose measures that would result in the consolidation of the North
County Transit District and Metropolitan Transit System.
(g) Support measures that protect residents, businesses and visitors from
the adverse impacts of aircraft operating at McClellan-Palomar Airport.
Jan. 10, 2023 Item #6 Page 28 of 94
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(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.
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.
Jan. 10, 2023 Item #6 Page 29 of 94
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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.
Jan. 10, 2023 Item #6 Page 30 of 94
Exhibit 2
Proposed revisions to 2022 Legislative Platform
CITY OF CARLSBAD
20232 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
• 20232 Legislative Priorities
• 20232 Legislative Platform: Position Statements
1. Community Services
Arts, Cultural Resources, Historic Preservation
and Education
Child Care
Park Bond Funds
Public Parks/Recreational Facilities
Public Libraries
Seniors
Healthy Cities
2. Environmental Quality Climate Change California Environmental Quality Act (CEQA) Hazardous Materials Solid Waste, Recycling and Diversion Utilities Coastal Issues
3. Water
General Principles
Water Conservation
Water Recycling
Water Quality
Water Storage & Conveyance Systems
New Technology
Financial Considerations
4. Governance, Transparency and Labor Relations
Labor Relations
Workers’ Compensation
Governance and Ethics
Elected Officials
5. Housing, Community and Economic Development
Planning and Zoning
Housing
Subdivision Map Act
Economic Development
6. Public Safety
Fire Services
Emergency Services and Preparedness
Law Enforcement
Drugs and Alcohol
Homelessness
Miscellaneous
7. Revenue and Taxation
State Mandates
8. Transportation, Communication and Public Works
Transportation
Public Works
Contracts
Telecommunications
Jan. 10, 2023 Item #6 Page 31 of 94
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.
20232 Legislative Priorities
The city’s advocacy efforts will focus primarily on advancing the strategic goals adopted
by the City Council, including:
1. COVID-19 Pandemic - Economic Relief and Recovery
2. Economic Revitalization
3. Housing and Homelessness
4. Mobility
5. Public Health and Safety
6. Sustainability
1. Community Character
2. Quality of Life & Safety
3. Sustainability & the Natural Environment
4. Economic Vitality
5. Organizational Excellence & Fiscal Health
20232 Legislative Platform: Position Statements
1. Community Services
Arts, Cultural Resources, Historic Preservation and Education
Jan. 10, 2023 Item #6 Page 32 of 94
3
(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.
(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 increased and sustainable 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.
Jan. 10, 2023 Item #6 Page 33 of 94
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(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.
(a)(b) Support legislation that advances the objectives of the Age Friendly
Carlsbad Action Plan, including increased and sustainable funding for
senior transportation services, social and civic engagement programs and
senior housing.
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.
Jan. 10, 2023 Item #6 Page 34 of 94
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(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.
(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
Jan. 10, 2023 Item #6 Page 35 of 94
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(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.
(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.
Jan. 10, 2023 Item #6 Page 36 of 94
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(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
energy generation and storage projects and demand-side management
programs.
(j) Support legislation that provides funding for renewable energy
generation and energy storage projects.
(kj) Support legislation that minimizes adverse environmental impacts of the
state’s and the region’s energy use.
(lk) Support funding and legislation that promotes the development of
alternative energy sources.
(ml) 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.
(nm) Support legislation that protects competitive neutrality, procurement
autonomy, ratepayer affordability, reliability, decarbonization and social
equity initiatives of community choice aggregation.
(on) 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.
Jan. 10, 2023 Item #6 Page 37 of 94
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(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.
(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.
Jan. 10, 2023 Item #6 Page 38 of 94
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(b) Support legislation that protects and improves the reliability,
affordability, self-sufficiency, quality and security of local and imported
water supplies.
(c) Support legislation that ensures the San Diego County Water Authority
and its member agencies receive the water supply benefits of their
investment in local water supply sources.
(d) Support legislation that provides for the development of a
comprehensive state water plan that balances California’ s water needs
and results in a reliable and affordable supply of high-quality water for
the San Diego Region.
(e) Support legislation that supports regional projects through Integrated
Regional Water Management Planning.
(f) Support legislation that streamlines environmental review processes for
water and wastewater infrastructure projects and provides exemptions
for emergency activities when the continued delivery of safe and clean
water is threatened.
Water Conservation
(a) Support measures that will encourage water conservation practices by all
water consumers.
(b) Support measures that ensure conservation credit for municipal
investments in water recycling systems and development of alternative
sources.
(c) Support legislation that promotes water conservation and water use
efficiency while preserving district and public water rights and the
authority of local agencies.
(d) Support legislation that provides incentives, funding and other assistance
to water agencies so that they can meet state water demand
requirements.
(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.
Jan. 10, 2023 Item #6 Page 39 of 94
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(f) Support legislation that provides flexibility in complying with drought
regulations and recognizes variations among communities with respect to
their ability to withstand the impacts of drought.
Water Recycling
(a) Support measures that promote the production and distribution of
reclaimed water.
Water Quality
(a) Support legislation that protects the quality of drinking water and
supports local agency efforts to meet state and federal water quality
standards based upon sound scientific principles.
(b) Support legislation that incorporates sound scientific based water quality
requirements for wastewater discharge into surface water and
groundwater to safeguard public health and protect beneficial uses.
(c) Support legislation that implements source control and protects
reservoirs, lakes, and coastal waters.
(d) Support legislation that enables local agencies to regulate the discharge
of contaminants into the sewer collection system based on discharge
permit requirements, detrimental effects on infrastructure, and adverse
effects on recycling and reuse.
(e) Support legislation that provides state and federal funds for monitoring,
research and treatment of new and emerging contaminants.
Water Storage 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.
Jan. 10, 2023 Item #6 Page 40 of 94
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(c) Support legislation that encourages and provides state and federal
funding for the development of new technology in water use, reuse,
quality monitoring, and treatment.
Financial Considerations
(a) Support legislation to develop an ongoing funding source to implement
the federally mandated Clean Water Act of 1987 and to ensure
protection of local resources.
(b) Support legislation that would exempt stormwater and urban runoff
management programs from Proposition 218 requirements.
(c) Support legislation that allows Water Districts to award contracts in
conformity with the provisions of the local City Charter.
(d) Support legislation that provides state and federal funds to local agencies
for programs and projects that provide for the supply, storage, recycling,
reclaiming, reuse and quality improvement of water resources.
(e) Oppose any new tax or fee on water that does not benefit ratepayers.
4. Governance, Transparency, and Labor Relations
Labor Relations
(a) Support legislation that allows cities with civil service/personnel systems
to contract out services to the private sector to save taxpayer dollars.
(b) Support legislation that limits the ability of employees to receive workers'
compensation benefits for occupational injuries/illnesses that result from
stress, disciplinary action, or performance evaluations or consultations.
(c) Support any measure that would reverse the imposition of compulsory
and binding arbitration with respect to public employees.
(d) Oppose any measure that would grant employee benefits that should be
decided at the local bargaining table.
(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).
Jan. 10, 2023 Item #6 Page 41 of 94
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(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.
(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.
(l)(m) Support funding and legislation that would enhance efforts to prevent
third-party harassment and workplace violence.
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.
Jan. 10, 2023 Item #6 Page 42 of 94
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(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.
(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.
Jan. 10, 2023 Item #6 Page 43 of 94
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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 measures that authorize local land use planning and zoning law
to override conflicting state law.
(d) Support measures that ensure local land use planning or zoning initiatives
approved by voters shall not be nullified or superseded by the actions of
any local or state legislative body.
(c)(e) Support legislation requiring environmental review of initiatives to
amend a general plan or zoning ordinance before the initiative is placed
on the ballot or enacted.
(fd) Oppose legislation or constitutional amendments that would restrict the
power of California cities to use eminent domain for public purpose
projects.
(g) Support measures that allow local agencies to condition mobile home
park conversions from rental to resident ownership pursuant to local land
use regulations including a requirement to provide public improvements
and infrastructure where necessary to promote the health, safety, and
welfare of park residents.
(h) Support legislation that preserves the authority of local agencies to
regulate short-term vacation rentals.
(i) 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.
Jan. 10, 2023 Item #6 Page 44 of 94
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(j) 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.
(g) Support state legislation that strengthens local inclusionary housing
programs for lower-income residents.
(h) Support the repeal or modification of the Davis-Bacon Wage Act, as it
relates to charter cities, that set a prevailing wage scale for public
projects, substantially increasing the cost of publicly assisted housing
developments.
(i) Support legislation that will consolidate and streamline the
administration and reporting requirements for the CDBG program.
Jan. 10, 2023 Item #6 Page 45 of 94
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(j) Oppose legislation that would give the State financial administrative
responsibilities for the CDBG program.
(k) Support legislation that requires availability of adequate school facilities
contemporaneously with occupancy of housing.
(l) Support measures that would establish a formula-based Regional Housing
Needs Assessment allocation methodology that reflects the unique needs
and practical capacity of local communities.
(m) Oppose measures that diminish local authority to implement growth
management initiatives that ensure communities do not exceed carrying
capacities and the provision of adequate public facilities.
(n) Support measures that would exempt affordable housing projects from
complying with the California Environmental Quality Act while continuing
to mitigate residents’ potential exposure to health and safety hazards.
(o) Oppose legislation that would expand the Coastal Commission’s authority
over state and local housing policy, which would result in administrative
inefficiencies and policy conflicts.
(p) Support legislation that modifies existing housing laws to remove
inconsistencies and improve clarity in application.
(q) Support housing legislation that would allow density increases to satisfy
the state’s “no net loss” requirements, when the increases occur
concurrent with or prior to a density reduction.
(r) Support legislation that more equitably applies rent control laws to
various types of rental housing, such as condominiums.
(s) Support legislation that prohibits property owners who are awarded tax
credit financed projects from charging Section 8 Housing Choice Voucher
clients a higher rent than the rent charged to non-Section 8 Housing
Choice Voucher clients.
Subdivision Map Act
(a) Support legislation that would automatically extend approved or
conditionally approved tentative, final and parcel maps under the
Subdivision Map Act during and for a limited time period after a
statewide financial or public health crisis, or other declared State of
Emergency.
Economic Development
Jan. 10, 2023 Item #6 Page 46 of 94
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(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 a financial or public health
crisis, or other declared State of EmergencyCOVID-19.
6. Public Safety
Fire Services
(a) Oppose legislation that would restrict or reduce the ability of local
government to determine the extent or method of fire hazard mitigation
necessary in or around wildland areas.
(b) Oppose legislation that would diminish local control to set and assess fire
inspection fees.
(c) Support legislation that preserves local agencies’ ministerial development
review and approval rights, including applicability to accessory dwelling
units.
(d) Oppose legislation that attempts to circumvents building or fire code
requirements by statute, including through the provision of a “deemed
complete” or “deemed approved" status when local agencies exceed
maximum application review timelines.
Jan. 10, 2023 Item #6 Page 47 of 94
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(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.
(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,
including sentencing enhancements for violently resisting or brandishing
a weapon during the commission of a property-related crime.
(d)(e) Support legislation that strengthens penalties for individuals who commit
violent crimes as juveniles.
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(e)(f) Support legislation that would increase accountability and transparency
among law enforcement agencies and personnel.
(f)(g) Support legislation that encourages or mandates police training to
include mental health awareness, implicit and explicit bias and de-
escalation techniques.
(h) 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.
(g)(i) Support legislation that strengthens penalties for participating in any
coordinated effort to disrupt the use of public roads and publicly
accessible parking lots.
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
Jan. 10, 2023 Item #6 Page 49 of 94
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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.
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(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.
(h)(i) Support legislation that provides financial assistance to local law
enforcement agencies for staff assigned to a regional task force.
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.
Jan. 10, 2023 Item #6 Page 51 of 94
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(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 resulting
from a financial or public health crisis, or other declared State of
Emergency.by the COVID-19 pandemic.
(r) Support legislation that promotes regional collaboration on COVID-19
response efforts addressing the impacts of a financial or public health
Jan. 10, 2023 Item #6 Page 52 of 94
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crisis, or other declared State of Emergency, including funding to
support local businesses.
(r)(s) Support legislation that provides flexibility concerning the disposition
of municipally owned real estate assets to promote economic
development and other public purposes.
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 safe, effective and efficient
transportation alternatives for all travel modes.
(b)(c) Support funding and legislation that provides direct support to cities to
advance roadway safety through education, engineering and
enforcement.
(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.
Jan. 10, 2023 Item #6 Page 53 of 94
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2. Eliminates or reduces existing at-grade rail crossings within the rail
corridor.
3. Improves local, regional, and coastal access for all travel modes
(bicycleke, pedestrian, vehicle, transit).
4. Minimizes impacts to neighborhoods.
5. Maximizes community and neighborhood connections.
6. Protects and/or improves the economic vibrancy of surrounding
neighborhoods and the city.
7. Protects and/or enhances environmental resources.
(e) Oppose legislation that diminishes local control over the regulation and
deployment of micro-mobility solutions.
(f) Oppose measures that would result in the consolidation of the North
County Transit District and Metropolitan Transit System.
(g) Support measures that protect residents, businesses and visitors from
the adverse impacts of aircraft operating at McClellan-Palomar Airport.
(h) Oppose changes in aviation policies that would allow McClellan-Palomar
Airport to expand without authorization from the city.
(i) Support legislative and regulatory initiatives to study and mitigate the
noise and air quality impacts associated with air traffic overflights.
(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
Jan. 10, 2023 Item #6 Page 54 of 94
25
entering into or participating in making contracts in which they have a
financial interest.
Telecommunications
(a) Support legislation and regulations of telecommunications facilities and
services that:
1. Maintain local control over the public right-of-way.
2. Provide just compensation for the use of right-of-way and overseeing
public service standards.
3. Ensure public, education, and governmental access is available,
equitable and affordable.
4. Provide free access for public information services and
announcements.
5. Maintain local control, including but not limited to discretionary
permits over wireless communications facilities.
6. Reinstates competition in the telecommunications industry.
7. Enhance access for all community members to fast, reliable,
affordable and high-quality internet, which can spur innovation and
help close the digital divide in California.
8. Support net neutrality to prevent internet service providers from
blocking, throttling, degrading, or providing for paid prioritization of
lawful content, applications, or services.
(b) Support legislation that requires cable television companies to assure
that audio and video portions of adult entertainment channels are
completely blocked 24 hours a day in the homes of non-subscribers.
(c) Oppose any measure or legislation that prevents local franchising of cable
television or video services, regardless of the technology used to deliver
the cable television or video services to the subscriber.
Jan. 10, 2023 Item #6 Page 55 of 94
1
Exhibit 3
Legislative Proposal: Workplace Harassment Restraining Order
Background and Existing Law
• Currently, the city seeks workplace violence restraining orders, when appropriate under Code of
Civil Procedure § 527.8, which states:
o (a) Any employer, whose employee has suffered unlawful violence or a credible threat
of violence from any individual, that can reasonably be construed to be carried out or to
have been carried out at the workplace, may seek a temporary restraining order and an
order after hearing on behalf of the employee and, at the discretion of the court, any
number of other employees at the workplace, and, if appropriate, other employees at
other workplaces of the employer.
• A “credible threat of violence” is a knowing and willful statement or course of conduct that
would place a reasonable person in fear for his or her safety, or the safety of his or her
immediate family, and that serves no legitimate purpose.
• Therefore, a workplace violence restraining order is not an option for the employer where an
employee is suffering harassment from a 3rd party but the harassment doesn’t create a physical
safety concern.
• By contrast, civil harassment retraining orders are available to individuals (not the employer)
under the Code of Civil Procedure § 527.6, which states:
o (a)(1) A person who has suffered harassment as defined in subdivision (b) may seek a
temporary restraining order and an order after hearing prohibiting harassment as
provided in this section.
• “Harassment” is defined as “unlawful violence, a credible threat of violence, or a knowing and
willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses
the person, and that serves no legitimate purpose. The course of conduct must be that which
would cause a reasonable person to suffer substantial emotional distress, and must actually
cause substantial emotional distress to the petitioner.”
Legislative Fix
• Under the current state of the law, the employee has an option of seeking a civil harassment
restraining order on their own, but it would be helpful to have a tool where the employer could
seek the restraining order for an employee, the same way an employer can seek a restraining
order related to threats of workplace violence.
Jan. 10, 2023 Item #6 Page 56 of 94
2
• If the workplace violence restraining order provision in Section 527.8 were broadened to cover
workplace harassment and violence, then the employer could seek a restraining order on behalf
of an employee who is suffering 3rd party harassment, but not a credible threat of violence.
###
Jan. 10, 2023 Item #6 Page 57 of 94
1 City of Carlsbad 2022 End of Year Report
2022 END OF YEAR REPORT
CITY OF CARLSBAD
Prepared by:
Sharon Gonsalves
Director of Government Affairs Phone: (916) 849-5536 sgonsalves@publicpolicygroup.com
Exhibit 4
Jan. 10, 2023 Item #6 Page 58 of 94
2 City of Carlsbad 2022 End of Year Report
TABLE OF CONTENTS
TRANSMITTAL LETTER ....................................................................................... 3
2022: YEAR IN REVIEW ........................................................................................ 5
RPPG/ CITY OF CARLSBAD HIGHLIGHTS 2022................................................ 7
KEY PERFORMANCE INDICATORS ................................................................... 8
HIGHLIGHTS: MEASURES AMENDED ..................................................................... 12
CLIENT COMMUNICATION ................................................................................ 14
OTHER RPPG EFFORTS ........................................................................................... 14
LOOKING AHEAD: 2023 LEGISLATIVE SESSION ........................................... 16
PROJECTED STATE BUDGET DEFICIT ................................................................... 16
ADDRESSING RISING FUEL COSTS ........................................................................ 17
TAKING THE HOUSING “POLICY” APPROACH TO HOMELESSNESS ................... 18
LOOKING AHEAD: 2023 GRANT FUNDING ..................................................... 19
TRANSPORTATION ................................................................................................... 19
PARKS AND RECREATION ....................................................................................... 21
FIRE RESPONSE AND WILDFIRE MITIGATION ....................................................... 22
HOUSING AND HOMELESSNESS ............................................................................ 23
SUSTAINABILITY AND CLIMATE ADAPTATION ...................................................... 25
WATER QUALITY AND CONSERVATION ................................................................. 27
ECONOMIC AND WORKFORCE DEVELOPMENT ................................................... 29
PUBLIC SAFETY AND CRIMINAL JUSTICE .............................................................. 30
COMMUNITY INFRASTRUCTURE ............................................................................ 31
HAZARD MITIGATION ................................................................................................ 31
Jan. 10, 2023 Item #6 Page 59 of 94
3 City of Carlsbad 2022 End of Year Report
TRANSMITTAL LETTER
December 27, 2022
To: Scott Chadwick City Manager City of Carlsbad
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
Dear Mr. Chadwick,
On behalf of the Renne Public Law Group, LLP [DBA Renne Public Policy Group (RPPG)], I want to thank
you, your team, and the Carlsbad City Council for engaging our firm for state legislative advocacy services.
This end of year report provides an overview of the services provided by our firm to the City of Carlsbad
during the 2022 legislative year as well as insights and potential next steps in preparation for the new 2023
legislative session. Additionally, this report provides a recap on efforts currently underway for the 2023
legislative session and our firm’s initial assessment of eligible grant funding opportunities.
Our work with the City of Carlsbad officially began January 15, 2021 in what presented itself with continued
challenges associated with COVID-19 response and recovery. Despite those challenging times extending into 2022, RPPG hit the ground running, working hand-in-hand with the City and Assemblymember Tasha Boerner Horvath to sponsor two pieces of legislation which were ultimately signed into law by Governor
Newsom. Additionally, RPPG continued providing updates on issues with play-by-play information, drafting memos, providing information on dozens of Executive Orders, vying for increased American Recovery Act dollars, and providing detailed policy and political analysis on state legislative proposals of interest to the City.
Further, our team worked closely with City of Carlsbad staff and the Legislative Subcommittee in updating and reviewing on an annual basis the State Legislative platform—which serves as the bases for the policy goals we set out to accomplish. We do so by conducting Deep Dive meetings with each department to go over policies, priority projects and funding needs. Updates are presented to the Legislative Subcommittee for final comments and edits prior to the platform going before the Council for adoption.
Sustained and consistent review and legislative tracking is critical in assessing the thousands of measures introduced each legislative year. During the 2021/2022 legislative session, RPPG monitored and/or
engaged on 1,160 pieces of state legislation as well as provided multiple updates, and engagement on federal issues specific to COVID-19 relief and the Federal Infrastructure package. From those pieces of State legislation and budget funding items, RPPG actively engaged on 62 of those measures to assess
specific applicability to the City including drafting memos, providing legislative analysis, advising City staff, meeting with state lawmakers, their staff, and drafting state and federal positions. All told, the City of Carlsbad officially positioned on 19 pieces of State legislation in 2022. As detailed further in this report,
Jan. 10, 2023 Item #6 Page 60 of 94
4 City of Carlsbad 2022 End of Year Report
RPPG was able to successfully advocate for the desired outcome or secured significant amendments to reduce the overall impact on 16 of those measures.
We are grateful that the City will continue its relationship with RPPG moving into the 2023-24 legislative
session. Despite our team’s success on behalf of the City, we believe there is still much more work to be done, and we certainly do not take this responsibility lightly. Thank you once again for the opportunity to serve the City of Carlsbad. We look forward to continuing our partnership and building off of the success we
have achieved during these trying times.
Sincerely,
Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
CC: Jason Haber, Intergovernmental Affairs Director, City of Carlsbad
Cindie McMahon, City Attorney, City of Carlsbad Allegra Frost, Assistant City Attorney, City of Carlsbad
Dane Hutchings
Managing Director
Renne Public Policy Group
Jan. 10, 2023 Item #6 Page 61 of 94
5 City of Carlsbad 2022 End of Year Report
2022: YEAR IN REVIEW
The 2022 legislative session began with a record number of lawmakers resigning from office. In fact, out of the 120 total state lawmakers that make up both the Assembly (80) and the Senate (40), 27 state lawmakers resigned in late 2021 and early 2022. While the reasons for resignations varied from seeking new job
opportunities, to running for other elected positions, the “Great Resignation” of California lawmakers undoubtedly had an impact on the legislative cycle.
With an historic $94 billion dollar budget surplus, Governor Newsom and the State legislature seized the opportunity to direct major one-time funds towards programs that tried to achieve ambitious state goals. As detailed below, key areas
in relation to local government include:
• Climate Action (Resources/Energy)
• Housing
• Infrastructure
• Homelessness/Mental Health
Resources and Energy
SB/AB 178: Amendment to 2022 Budget Act Trailer Bill
• Climate-Energy Package: $19.3 billion Climate-Energy Package in 2022-23 appropriates a total of $4.83 billion General Fund, as follows: Energy reliability, relief, and clean energy investments, $2.49 billion; Wildfire and Forest Resilience, $320 million; Drought Response and Resilience, $116.2 million; Extreme Heat, $150 million; Nature-Based Solutions, $594 million; 2022 Zero Emission Vehicles $500 million; Flexible Climate Set Aside, $661.2 million.
• Greenhouse Gas Reduction Fund: $180 million Greenhouse Gas Reduction Fund to the Department of Resources Recycling and Recovery for grants to local jurisdictions for purpose of funding organic waste infrastructure projects.
• Greenhouse Gas Reduction Fund: $600 million in Greenhouse Gas Reduction Fund (GGRF) for California Air Resources Board (CARB) for clean trucks, buses and off-road equipment, including the administration of the Hybrid and Zero Emission Truck and Bus Voucher Incentive Project (HVIP), and supporting advanced technology demonstration and pilot commercial deployment projects.
• Charge Ahead Initiative: $76 million GGRF to CARB for a suite of equity transportation programs established under the Charge Ahead Initiative, including Clean Cars 4 All Program.
SB/AB 180: Amendment to 2021 Budget Act Trailer Bill
• Climate-Energy Package 2021-22: Appropriates, for the Climate-Energy Package in 2021-22, the following: Drought and Water Resilience, $1.14 billion General Fund and California Emergency Relief Fund; Wildfire and Forest Resilience, $50 million General Fund; $619 million General Fund to support the transition to Zero Emission Vehicles and associated infrastructure.
• Department of Water Resources Local Assistance: Appropriates to the Department of Water Resources from the California Emergency Relief Fund for local assistance, as follows: $200 million for Urban Water Community Drought Relief; $100 million for Small Community Drought Relief; $75 million for Conservation for Urban Suppliers; $25 million for Conservation for Small Suppliers; $75
million for Turf Replacement; $60 million for Agriculture Drought Response Program and Delta Response Pilot; $10 million for Migratory Bird Habitat.
Jan. 10, 2023 Item #6 Page 62 of 94
6 City of Carlsbad 2022 End of Year Report
SB 122/AB 203: Energy Trailer Bill
• Long Duration Energy Storage Program: Establishes the Long Duration Storage Program at the Energy Commission to provide financial incentives for projects that have power ratings of at least one megawatt and are capable of reaching a target of at least eight hours of continuous discharge of electricity in order to deploy innovative energy storage systems to the electrical grid.
Housing
SB/AB 178: Amendment to 2022 Budget Act Trailer Bill
• Encampment Resolution Grants: $300 million in 2022-23 and $400 million in 2023-24 for Encampment Resolution grants, to help local governments with resolving critical encampments and transitioning individuals into permanent housing. This includes funding specifically for addressing
encampments on state rights of way.
• Infill Infrastructure Grant Program: $200 million in 2022-23 for the Infill infrastructure Grant Program. This includes $34 million set aside for small jurisdictions. The budget framework includes an additional $225 million in 2023-24.
Transportation
SB/AB 180: Amendment to 2021 Budget Act Trailer Bill
• Transportation Infrastructure: Provides $5.4 billion for a variety of investments in transportation infrastructure. Includes $1.05 billion for the Active Transportation Program, $200 million to help local jurisdictions plan and invest in adapting their transportation infrastructure to climate change, and $150 million for planning and delivery of projects that will inform the future conversion of underutilized
highways into multimodal corridors that serve existing communities.
SB/AB 198: Transportation Trailer Bill
• Highways to Boulevards Program: Creates the Highways to Boulevards program at Caltrans to provide grants to local governments to plan and implement projects to work towards the future conversion of key underutilized highways into multimodal corridors that serve existing residents by
developing affordable housing and complete streets features. The program would provide 25 percent of available funds for planning activities, and 75 percent for projects.
• Climate Adaption Program: Establishes three programs that are intended to fund activities necessary to help the state and local governments identify and fund projects to adapt transportation infrastructure to climate change.
Moreover, Governor Newsom and his team pushed hard for a revamped mental health care program his office dubbed as CARE Court. Hundreds of pending bills impacting local government touching on housing and land use, mental health, homelessness, climate, and measures impacting local government operations made their way to the Governor for consideration. All told, the total number of measures that were introduced this year came in at 2,353 with 1,434 measures advancing through the Legislature for Governor Newsom’s consideration.
Finally, the Governor did enact a variety of measures that recognize the importance of effective local government implementation of state laws—approving bills that require the appropriate state department or departments to assist with local compliance, delaying implementation of previously enacted laws or extending sunset provisions on effective local programs. He also vetoed a handful of measures that would
have added potential liability to local governments and/or would have reduced future revenues.
Jan. 10, 2023 Item #6 Page 63 of 94
7 City of Carlsbad 2022 End of Year Report
RPPG/ CITY OF CARLSBAD HIGHLIGHTS 2022
PIECES OF LEGISLATION TRACKED ON BEHALF OF THE CITY
Legislation, tracked and assessed for impacts on City operational,
legal and/or loss of local decision making during the 2021/2022
legislative session.
1,160
ON LEGISLATIVE ENGAGEMENT — MAKING THE CITY’S VOICE HEARD
Carlsbad adopted formal positions on 19 pieces of legislation in
2022. RPPG achieved the desired outcome OR worked to amend
the bills to reduce impacts to the City on 16.
84%
IN STATE BUDGET EARMARKS
State budget earmark for Veteran’s Memorial Park. $5M
COMBINED DELIVERABLES AND TOUCHPOINTS PROVIDED TO AND ON BEHALF OF THE CITY
Legislative updates, legislative and budgetary position letters,
policy, and political analysis, meetings with City and/or state
legislature on behalf of the City.
*Note: This is based on activity between January1 - November 2022.
*425+
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8 City of Carlsbad 2022 End of Year Report
KEY PERFORMANCE INDICATORS
At its core, legislative advocacy is working with individual lawmakers (both within the City’s legislative district
and out), committee staff, the Governor’s administration, and regulatory officials to support the City’s policy
goals. Equally important is the ability to work with those same stakeholders to mitigate legal, operational or
fiscal impacts State legislation may have on the City.
Successful legislative advocacy is predicated on raising awareness and education. Being able to empower
City Council, staff, and by extension its advocacy team, is critical in any effort to advance legislative efforts.
In Sacramento, direct advocacy can range from working personally with a legislator, an aide, policy
committee staff and the Administration on the wording of a bill, to mobilizing broad coalitions that align with
the City’s cause. This work includes educating legislators, supporters and the public about the issue, working
with the media, continuously seeking out allies and being persistent over long periods of time.
Over time, a sustained legislative advocacy effort will help the City form strong allies. Working with
lawmakers and familiarizing them with your concerns often results in lawmakers even outside of a city’s
legislative district becoming champions for your specific issues. Establishing personal relationships with
legislators both in the City’s legislative district and outside of its district provides the City with the credibility
needed to have a meaningful impact in the legislative process. While there is no guarantee that a sustained
effort will lead to success on one particular issue of importance, a lack of a sustained effort will lead to State
policies that will remove local decision making and create new financial, legal, or operational challenges for
the City of Carlsbad.
Highlights: Legislative Advocacy Success:
AB 1672 (Boerner Horvath) Public swimming pools: lifeguards [City Sponsored Legislation]
Due to the COVID-19 pandemic and subsequent staffing shortages, the City was forced to significantly
reduce public pool and aquatic center hours of operations. In response, the City sponsored AB 1672
which permits the City to use its Fire Fighter-Lifeguards—who were specifically certified under the United
States Lifeguard Association (USLA)—to backfill traditional lifeguarding positions at the City’s public pools.
While on its face this was a very straight forward and practical policy approach, the bill brought forth an
incredibly diverse group of stakeholders and state agencies who initially expressed concern with the
approach. RPPG worked closely with the City to navigate the varying stakeholders, including bringing
those who originally were opposed to the bill into a support position.
Moreover, in the eleventh hour, the California Department of Public Health (CDPH) tagged AB 1672 with a
$400,000.00 fiscal impact (over three years) to the State’s General Fund to implement the bill’s
provisions—effectively ensuring that the measure would be held in the Senate Appropriations committee.
RPPG met with every member of the Senate Appropriations committee, lobbied committee consultants,
and negotiated with CDPH to eliminate the fiscal concerns originally expressed. As a result, the measure
advanced out of the Senate and proceeded through the legislative process.
On September 13, Governor Newsom signed AB 1672 into law.
AB 1682 (Boerner Horvath) Vessels: public safety activities [City Sponsored Legislation]
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9 City of Carlsbad 2022 End of Year Report
Current law required that a 5mph limit was required for all watercraft within 100 feet of swimmers and 200
feet of beaches—excluding some public entities. However, the law was ambiguous as to its applicability to
City lifeguard vessels. This ambiguity in law promoted a protracted legal proceeding involving a
neighboring City.
Since most rescues take place within 200 feet of the beach, slower boat speeds during an emergency
reduces the lifeguards’ ability to use their skills and training to save lives. The City often relies on its
lifeguard personnel to conduct emergency rescues on its coastline while also actively patrolling in these
areas to prevent loss of life. To ensure that its public safety personnel could continue its preventative and
reactive safety measures, Carlsbad sponsored AB 1682 which resolves the ambiguity in Sections 650.1
and 655.2 of the Harbors and Navigation Code.
RPPG worked closely with the City to build a diverse support coalition, created Carlsbad-specific info
graphics to further educate lawmakers in the Senate and Assembly Public Safety committees and
successfully negotiated with the California State Sheriffs Association to remove their opposition from the
bill.
On August 29, Governor Newsom signed AB 1682 into law.
AB 1737 (Holden) Children’s Camps: Safety (City Position, Oppose)
In its original form, AB 1737 would, among several other provisions mandated that the City create a full
registry of every children’s camp in its boundaries, require the City to regulate each camp via code
enforcement, and mandated that all City employees who work at a City-sponsored children’s camp become
mandated reporters. Given the sheer volume of these programs, they 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 have meant 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. Despite the well-intended nature
of the bill, the City was forced to take an oppose position. RPPG met with the City’s legislative delegation,
with each member of the Assembly Health, Appropriations and Senate Public Safety committees to express
City-specific concerns. We also enlisted our contacts with the California Special Districts Association as well
as the California Association of Recreation and Park Districts to take an oppose position to the measure,
further building out the opposition coalition.
As a result, AB 1737 was significantly amended to remove all original requirements and instead
create a state advisory body to further study the issue. The bill later failed in the Senate and did
not advance.
AB 1946 (Boerner Horvath) Bicycle Safety: Training Standards (City Position, Support)
Bicycle and E-bike safety came to the forefront when the City declared a local emergency and allocated $2
million for immediate actions to update traffic safety standards after a sharp increase in E-bike related
collisions. AB 1946, authored by Assemblymember Boerner Horvath, requires the California Highway Patrol
to develop statewide safety and training programs related to E-bike safety. The policy of AB 1946 was one
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10 City of Carlsbad 2022 End of Year Report
that aligned with the City’s top priority and the legislature agreed as the bill was on consent throughout the
legislative process.
On August 15, Governor Newsom signed AB 1946 into law.
AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing (City Position, Neutral)
In a time of uncertainty around local revenues, AB 1951 would have permanently exempted all state and
local sales tax for manufacturing research and development (MR&D) costs up to $200,000,000 of tangible
personal property. In March, RPPG provided the City with an in-depth analysis on this legislation that
indicated the following loss to local government revenue:
• $91 million for not capturing their 1% local Bradley Burns.
• $50-$70 million from losses for local transaction and use taxes. (This varies depending on
the level of local TUTs)
• $45 million due to the loss in the 1/2 cent sales tax dedicated for public safety.
• $136 million losses primarily to counties for (1.5 cents) portions of the state sales taxes
dedicated to funding the realignment of state functions and programs to counties.
• $342 million total in annual losses to cities and counties. $3.4 billion (without inflation) over
the 10-year life of the bill.
This is important to highlight because RPPG’s analysis was a critical piece in working with the Governor’s
office throughout the year to outline the strong concerns that the City had with this legislation. In addition,
this analysis served as a tool to enlist both the League of California Cities and the California State
Association of Counties to formally adopt an oppose position on this measure later in the year—further
building out the local government opposition coalition to this measure.
On September 15, Governor Newsom vetoed AB 1951. In his veto message he specifically points
to the cost pressures this measure would place on local governments. In part he states “…I agree
with the intent of this bill to invest in California's economy… However, we cannot ask our local
governments to bear this loss in revenue.”.
AB 1985 (R. Rivas) Organic Waste: Recovered organic waste product procurement targets (City
Position, Support)
Similar to the overwhelming majority of local agencies, Carlsbad is working diligently to comply with organic
recycling mandates established by SB 1383 (Lara, 2016). AB 1985 creates a delayed enforcement timeline
for penalties against local jurisdictions to meet their organic waste procurement targets, gives the
Department of Resources Recycling and Recovery (CalRecycle) the authorization to create an adjusted
recovered procurement target schedule at its discretion, and allows renewable gas procured from a publicly
owned treatment works (POTW) to count towards 100% of a jurisdiction’s procurement target until 2025.
This bill was critical in providing local agencies additional time for compliance while also allowing the market
to catch up with demand for organics waste product. On behalf of the City, RPPG worked with the League
of California Cities, California State Association of Counties and CalRecycle to ensure that the bill advanced
through the legislative process.
On September 16, Governor Newsom signed AB 1985 into law.
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11 City of Carlsbad 2022 End of Year Report
SB 54 (Allen) Solid waste: reporting, packaging, and plastic food service ware (City Position,
Support)
After failing in two previous legislative sessions, SB 54 proposed to create a producer responsibility
organization (PRO) to run a statewide collection and recycling program, with regulatory oversight, for printed
paper and packaging. It took years of groundwork, collaboration and the looming threat of a qualified ballot
initiative for all parties to come to reach a compromise.
Because of the City Council’s commitment to sustainability, the City had supported several reiterations of
this bill including the most recent version that was ultimately approved and signed into law. RPPG worked
closely with the author, Cal Recycle, and other stakeholders to garnish support for the bill.
On June 30, Governor Newsom signed SB 54.
SB 1105 (Hueso) San Diego Equitable and Environmentally Friendly Affordable Housing
Agency (City Position, Oppose)
In looking for solutions to address the housing crisis in the State, there have been several attempts to look
for regional and local efforts to focus on affordable housing. Affordable housing in San Diego County is
challenging due to the high cost of land coupled with labor requirements and the continued increase in the
cost building materials. Senator Hueso introduced SB 1105 to create a county agency to facilitate increased
funding for housing activities, including new production, preservation, and renter protections. The bill was
very technical and there were concerns about fees that residents of Carlsbad would have to pay and the
amount of funding that would come back to the City for the development of housing. The City and RPPG
reached out to the author’s office and offered to take part in stakeholder meetings and worked closely with
Assemblymember Tasha Boerner Horvath to highlight concerns during the Assembly Local Government
Committee.
On August 11, the bill was held in the Assembly Appropriations Committee.
SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court
Program (City Position, Support)
Creating solutions to address extreme mental illness was a priority for the Legislative Subcommittee and
the City Council. CARE Court seeks to implement Governor Newsom's proposal, which would allow civil
courts to order those suffering from certain mental illnesses into treatment programs at the community level,
similar to today's Assisted Outpatient Treatment under the LPS Act, but with, hopefully, more community-
based supports and services, and more court oversight. On behalf of the City, RPPG worked with a large
coalition of local government stakeholders, including our relationship with the “Big 13” Mayors and League
of California Cities to help advance this major piece of legislation. In addition, RPPG drafted support letters,
testified in all relevant policy committees, and met with the Governor’s office to express Carlsbad’s strong
support for the bill.
On September 14, Governor Newsom signed SB 1338 into law.
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12 City of Carlsbad 2022 End of Year Report
Highlights: Measures Amended to Significantly Reduce Impacts to the City
AB 2953(Salas) Department of Transportation and local agencies: streets and highways:
recycled materials. (City Position, Oppose Unless Amended)
As a local agency that prioritizes sustainability, the City of Carlsbad is supportive of using recycled materials
on public works projects when appropriate to the project, at a percentage that maintains quality of the
material, and when cost effective. This bill will require local agencies to apply standard specifications that
allow for the use of recycled materials in streets and highways at or above the level allowed in the California
Department of Transportation’s (Caltrans) most recently published standard specifications, when “feasible”
and “cost effective,” though the terms remain undefined. In its initial form, the measure additionally applied
an arbitrary bifurcated application process based on an agency's financial stability versus a traditional option
such as a population threshold, which the City also found problematic. RPPG closely watched this bill and
monitored its progress through the legislative process on behalf of the City, keeping City staff apprised of
its progress. Ultimately, when it became clear the bill was continuing to move, the City opted to formally
position on the bill in late August after the bill had already completed the policy committee process in both
houses. RPPG was able to engage while the bill was still in Senate Appropriations, and the City transmitted
a formal position letter shortly thereafter. Subsequently, the bill was amended out of Appropriations to
change the revenue thresholds to a population standard and with local flexibility for implementation before
moving to the floor and proceeding to the Governor.
On September 30, Governor Newsom signed AB 2953 into law as amended.
SB 1157 (Hertzberg) Urban water use objectives (City Position, Oppose)
The City was involved in the stakeholder process that established the long-term water conservation
framework in response to Governor Brown’s “Making Conservation a California Way of Life” Executive
Order. The implementing legislation was a coordinated effort between state agencies, water utilities, and
other interested parties – including the City – through the passage of AB 1668, and its accompanying bill,
SB 606, which called for the creation of new urban water use efficiency standards for indoor water use,
outdoor use, commercial, industrial and institutional use, water loss, and variances for unique conditions.
This measure circumvents the agreements formed during that process by incrementally lowering the
standard for indoor residential water use to 47 gallons per capita per day (gpcd) starting on January 1, 2025
and 42 gpcd beginning January 1, 2030, absent many of the impacts required to be evaluated per AB 1668
mandated studies and prior to SB 606 standards being fully implemented. However, due to the robust
advocacy efforts of RPPG in coordination with a broader coalition of stakeholders, the measure was
significantly amended several times throughout the process to also:
Require the Department of Water Resources (DWR) in coordination with the State Water Resources
Control Board (SWRCB) to conduct studies and investigations to assess and quantify the economic
benefit and impacts of meeting the 2030 indoor residential use standard on water, wastewater, and
recycled water systems,
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13 City of Carlsbad 2022 End of Year Report
Summarize the findings in a report to the Legislature by January 1, 2027,
Prohibit enforcement of specified provisions against an urban retail water supplier solely for failing
to meet the indoor residential use standard,
Allows DWR and SWRCB to recommend an alternate date for the 2030 standard to take effect if
they determine the 2030 indoor residential use standard is likely to unduly impact affordability of
water and wastewater services, and
Requires DWR to consider whether to recommend additional variances to accommodate unique
challenges related to residential indoor water use based on findings for adoption by SWRCB.
SB 1157 was a reintroduction of AB 1434 (Friedman) which set the same premature standards, but
ultimately failed in the Assembly Appropriations Committee due to the efforts of a coalition of stakeholders
of which the City was a participant. RPPG represented the City’s interests against SB 1157 as part of a
robust coalition of stakeholders led by the Association of California Water Agencies (ACWA). Engagement
began by placing pressure on the author and committee staff in the first policy committee to reconsider the
bill’s provisions, while simultaneously advocating Assembly Water, Parks, and Wildlife committee members
to vote ‘no.’ While the bill continued to move forward despite the strong concerns expressed, we were able
to broker amendments as part of the larger coalition that substantively revised the bill’s requirements prior
to being voted out of committee, despite the author having all the votes needed to progress without them.
The City remained opposed, despite many stakeholder associations falling to a neutral position and RPPG
continued to work with ACWA and a smaller subset of partners to hold the bill, working the Appropriations
committees and, later, the floor. RPPG advocates leveraged our other relationships to advocate legislators
and staff outside of the City’s sphere of influence for a no vote on the bill on the Floor. In the process,
additional amendments were procured in response to the significant concerns raised surrounding impacts
on affordability and feasibility.
The pressure placed on the bill’s author by the City and associated stakeholders held off the author from
backing out of the amendments already taken – a threat that was circulating and widely believed to be
forthcoming – and held the vote threshold very tight, limiting his ability to maneuver or advance. Ultimately,
the bill was amended to include even more permissive language surrounding studies required. Even as
significantly amended, the efforts of RPPG on behalf of the City in coordination with the broader coalition
placed enough pressure on legislators that the bill failed on the Assembly Floor when it was brought forward
for a vote and had to be placed for reconsideration, where it narrowly earned enough votes to make it to the
Senate for a concurrence vote before heading to the Governor.
On September 28, Governor Newsom signed SB 1157 into law as significantly amended.
Highlights: State Budget Earmarks
Apart from timing deadlines enshrined in the State’s constitution, the State budget process is a nuanced and often convoluted process. Timing for requests are often dependent upon each individual legislative office. While some legislative offices prefer that requests come to their State Capitol office, others prefer that all budget earmarks are submitted through a Member’s district office. With respect to Carlsbad’s legislative delegation, each office used a combination of approaches outlined above.
Jan. 10, 2023 Item #6 Page 70 of 94
14 City of Carlsbad 2022 End of Year Report
Working with your legislative delegation and with the help of City staff, RPPG worked quickly to provide a set of project specific narratives highlighting how State budget dollars, if awarded, would be used to close the gap on shovel ready projects while providing tremendous community benefit. As a result, we were able
to secure the following state budget earmarks:
CLIENT COMMUNICATION
Client communication is an important component in our overall
advocacy approach. We pride ourselves in working hand in hand
with our clients to provide detailed as-needed analysis on
legislation, regulatory issues and the overall legislative process.
Since we have been engaged with the City of Carlsbad, RPPG
has conducted weekly Zoom meetings and as needed calls,
emails and detailed memos in order to stay in close contact with
the City. In addition, we provide monthly written updates to the
City Council’s Legislative Subcommittee and present at each
meeting. These reports highlighted work product on various
issues including but not limited to:
• Monthly legislative summary and presentation for the City’s Legislative Subcommittee meetings.
• Real time updates on the progress of legislation of interest to the City
o State Budget Analysis—Including Relevant Budget Trailer Bill Analysis
o Police Reform and Amendments to Proposition 47
o Transportation and Infrastructure
o Housing, Homelessness, Land Use and ADU Legislation
o Public Employer Legislation
o Wildfire Mitigation
o Various Legislative Deadline Updates and End of Year Legislative Update
o Public Employee Retirement System (CalPERS) Funded Status and Discount Rate Change
• One-on-one “Deep Dive” meetings with all City department heads.
• Providing opportunities for the City to establish and maintain relationships with members of the
Administration and its legislative delegation as well as lawmakers across California.
Other RPPG Efforts
At RPPG, the job does not begin and end with the signing of state legislative advocacy. We worked tirelessly
throughout this year to assist the City in any way we were able. This includes helping solve local issues that
Project Lawmaker Amount in Millions
Veteran’s Memorial Park Improvements Boerner Horvath $5
Jan. 10, 2023 Item #6 Page 71 of 94
15 City of Carlsbad 2022 End of Year Report
have a state nexus, working with City staff on new policies of relevance and providing education and
awareness to City Council and staff.
Modification of the City of Carlsbad’s Legislative Platform: The legislative platform is a set of guiding
principles that reflects the overarching ideals and vision of the Council. This document is critical in an overall
legislative advocacy program as it provides broad policy statements that enables the City and its legislative
advocacy firm to sift through the thousands of legislative proposals introduced each legislative session while
elevating those measures that fall within the scope of the platform. Working in conjunction with City staff
and with City Council input, RPPG met with every department director and each Council member to make
major changes to the City’s legislative platform.
Detailed Legislative Analysis: Upon request, RPPG provided detailed analysis on several pieces of
legislation. These analyses have been critical in helping the City assess potential implications that pending
legislation may have on the City’s operations, local discretion and/or authority. Examples include but are
not limited to:
• Standalone analysis of AB 2011 (Wicks)
• Comprehensive memo on every housing and land use bill and public safety bill enacted in 2022,
along with enactment dates. Memo was followed up by conducting a Zoom meeting with the
Community Development Department and the Police Department to review and discuss the most
significant bills.
• Side-by-side comparison of the specific interconnections between AB 2011 (Wicks) and SB 6
(Caballero).
Direct Meetings with CalPERS Executives on “Limited Duration” Regulations: Our team arranged a
client-specific meeting with CalPERS executives, whereby the City had a chance to directly engage with
key decision-makers in the rule making process. While CalPERS did not initially address all of the concerns
raised by the City, they either resolved or made significant improvements on 4 out of the 5 major areas of
concern—most notably the ability for a local agency to retain a retired annuitant who performed similar work
for said agency prior to retirement.
Common Law Best Practices: RPPG pulled together a detailed memo and power point presentation on
best practices to avoid common law employee status on contract workers. While best practices do not
safeguard any agency from a CalPERS-agency audit, implementing such practices does significantly
minimize the City’s liability for inadvertently treating contract workers as employees
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16 City of Carlsbad 2022 End of Year Report
LOOKING AHEAD: 2023 LEGISLATIVE SESSION
In 2022, there are a total of 34 open seats between the Assembly and Senate — the largest number since
new constitutional state term limits were approved by the voters in 2012. Due to statewide decennial
redistricting, combined with early resignations and expiring term limits, there will be a complete turnover of
that legislative class by 2024. This provides Carlsbad with an opportunity to forge new and lasting
relationships with members both within and outside its delegation. With a host of new lawmakers being
sworn into office, it is difficult to accurately predict every potential emerging trend moving into the new two-
year legislative session. However, based on our teams’ conversations with lawmakers, administration
officials and Capitol staff, we believe that the following policy trends will develop in 2023.
Projected State Budget Deficit
Unlike in 2021 and 2022 when the State had an historic budget
surplus, the Governor has indicated to state lawmakers that
those days may be coming to an end. October marks the fourth
straight month of state revenues coming in under projected
amounts.
According to the latest economic forecast released by the
California Department of Finance (DOF), the State is expecting
an 11.1 percent budget deficit. According to DOF, the State’s
progressive tax strcuture is heavily relies on top earners. To put
it into perspective, in 2020, income tax returns for the State’s top
1% of earners accounted for 49% of the money paid to the State
in personal income tax that year, totaling $50.9 billion. Ongoing
inflation, an underperforming stock market, and some layoffs or
hiring freezes in high-paying tech jobs have impacted those earners, contributing to the State’s revenue
situation.This will undoubtly have an impact on the State’s ability to allocate one-time local earmarks for
critical local projects.
The State’s Non-Partisan Legislative Analyst Office recently released a report projecting a FY 23-24 $24
billion deficit. The LAO states, “The budget problem is mainly attributable to lower revenue estimates,
which are lower than budget act projections from 2021-22 through 2023-24 by $41 billion. Revenue losses
are offset by lower spending in certain areas. Over the subsequent years of the forecast, annual deficits
would decline from $17 billion to $8 billion”.
Moreover, if history is any indication on future behavior, local governments need to be vigilant in protecting
local revenues. Expect to see proposals that shift permanent programmatic funding obligation from the
State down to the local level.
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17 City of Carlsbad 2022 End of Year Report
Addressing Rising Fuel Costs
On November 29th, the California Energy Commission held
an informational hearing to discuss fuel prices and company
profits. Notably, not a single representative from the fuel
industry who was invited to attend showed to the hearing.
Shortly thereafter, Governor Newsom and Senator Nancy
Skinner (D, Berkeley) the Senate Budget Chair, unveiled a
proposed price gouging penalty on oil companies’ excess
profits after the Governor declared a special legislative
session to address the exorbitant prices Californians are
paying at the gas pump. The language of the proposed
price gouging penalty can be found here. The language in the Governor’s proposal is not fully vetted and
he said he would spend the next 30 days working with leadership and lawmakers to continue to discuss
the approach.
Key highlights of the proposal consist of the following themes:
• Create a new fossil fuels administrative body
• Cap oil company profits
• Penalties at a higher rate any earnings above the cap
• Return said revenue back to taxpayers via rebates
SBX1 2 (Skinner). In response, Assembly and Senate Republicans have introduced measures in the special
session that address suspending the Motor Vehicle Fuel Tax. Depending on the exact language of these
proposals, local agencies should be vigilant in ensuring that all “SB 1” local streets and road revenues are
not impacted. All bills introduced December 5 must sit in print for 30 days before they may be acted upon;
the Legislature officially reconvenes and opens for session on January 4, 2023.
The oil industry is taking actions of its own. On Thursday September 29, Secretary of State Shirley Weber
cleared for signature-gathering a proposed referendum to overturn SB 1137 (Gonzalez), a new law that
would prohibit new or extensively retrofitted oil or gas wells within 3,200 feet of homes, schools, nursing
homes and hospitals. Should the referendum gather the signatures needed to qualify for the ballot, SB 1137
would be suspended until the 2024 election whereby voters would have a choice to ratify or reject the law.
Jan. 10, 2023 Item #6 Page 74 of 94
18 City of Carlsbad 2022 End of Year Report
Taking the Housing “Policy” Approach to Homelessness
Housing and policies related to mitigating the State’s rapidly increasing
homelessness population will continue to be a major theme moving into
the 2023-24 legislative session. On November 3, Governor Newsom
announced that his office will reject every municipal homelessness
action plan. His administration has indicated that they will be pushing
the legislature to enact policies that mirror the recent trend we have
seen in housing policy—less local discretion, more state required
planning, and stronger state review and enforcement. He later
authorized the funding after a closed-door meeting with a select few City
and County officials.
Local agencies should be prepared to see an influx of legislation that
will require agencies to construct their “fair share” of emergency shelters, identify sites in all jurisdictional
areas, and mandates that tie funding to approved plans.
During the December 5 organizational session, newly elected Senator Catherine Blakespear (D, Encinitas)
introduced SB 7. As of now, the measure has no substantive language, however the intent of the measure
directly ties homelessness to the Regional Housing Needs Assessment (RHNA) process. More details will
emerge in January. However, this is a key indicator that the Legislature will likely follow the hyper-focus
“planning, oversight, review and enforcement” strategy on homelessness as we have seen in housing over
the past four years.
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19 City of Carlsbad 2022 End of Year Report
LOOKING AHEAD: 2023 GRANT FUNDING
Over the past several years, we have seen unprecedented levels of discretionary spending at the state and
federal levels. California enjoyed record-breaking state surpluses, and the federal government enacted the
Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA) to supercharge existing grant
programs and create a wide range of new programs. It remains critically important that local governments
prepare themselves to take advantage of these opportunities over the next five fiscal years.
The importance of preparedness becomes even more pronounced in an environment where discretionary
spending programs may begin to tighten. As mentioned previously, the State of California projects a $25
billion budget deficit over the next three years. In this environment, discretionary spending programs will be
in the crosshairs of appropriators. At the federal level, with the change in party control of the U.S. House of
Representatives, there may be efforts to pull back the full scope of spending levels authorized in the BIL
and IRA as part of negotiations around annual omnibus spending bills and debt ceiling limits.
RPPG will continue to monitor new developments in the coming year as we look at these potential changes
in the grant funding opportunity landscape. However, we encourage all clients to proactively begin
considering potential projects that align with these grant programs to prepare for solicitation releases
throughout the upcoming year.
Transportation
Rebuilding American Infrastructure with Sustainability and Equity (RAISE)
Formerly known as the BUILD or TIGER grant, the RAISE program provides funds for capital investments
in surface transportation infrastructure that have a significant local or regional impact. RAISE applications
can support either Planning Projects or Capital Projects. Research, demonstration, or pilot projects are only
eligible if they will result in long-term, permanent surface transportation infrastructure that has independent
utility. The Bipartisan Infrastructure and Jobs Act allocated $7.5 billion in funding for the RAISE Grant
Program over five fiscal years.
• Deadline: 2/28/2023
• More information: https://www.transportation.gov/RAISEgrants
Infrastructure for Rebuilding America (INFRA)
The Infrastructure for Rebuilding America (INFRA) grant program awards competitive grants for multimodal
freight and highway projects of national or regional significance to improve the safety, efficiency, and
reliability of the movement of freight and people in and across rural and urban areas. The Bipartisan
Infrastructure and Jobs Act allocated $8 billion in funding for the INFRA Grant Program over the five fiscal
years.
• Funding Cycle: Anticipated Q1/Q2 of 2023.
• More information: https://www.transportation.gov/grants/infra-grants-program
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20 City of Carlsbad 2022 End of Year Report
Highways to Boulevards Program
This is a new grant program, proposed by Gov. Newsom and included by the state legislature in the budget,
that will be administered by Caltrans. Funding will be available for planning and implementation projects,
with the goal of converting underutilized highways into multimodal corridors that serve existing residents by
developing affordable housing and complete streets features. The program is meant to compliment
investments made through the Bipartisan Infrastructure Law’s Reconnecting Communities Pilot Program,
by both augmenting federal projects and funding new state projects that align with the goal of reconnecting
communities that have been impacted by transportation infrastructure.
• Funding Cycle: Application deadline anticipated for May 2023.
• More information: https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/rc-h2b
Reconnecting Communities Program
The Bipartisan Infrastructure Law creates a new $1 billion program at the Department of Transportation to
reconnect communities divided by transportation infrastructure – particularly historically disadvantaged
communities too often nearly destroyed or cut in half by a highway. This new competitive program will
provide dedicated funding to state, local, metropolitan planning organizations, and Tribal governments for
planning, design, demolition, and reconstruction of street grids, parks, or other infrastructure to address
these legacy impacts.
• Funding Cycle: Application period closed September 2022. FY 23 cycle timeline TBD.
• More information: https://www.transportation.gov/grants/reconnecting-communities
Clean California Local Grant Program
The Clean California Local Grant Program is a competitive statewide program created to beautify and clean
up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. Projects
that can be accessed through the multimodal transportation network are encouraged. The program’s goals
are to reduce the amount of waste and debris within public spaces, beautify and improve public spaces,
enhance public health, cultural connection, and community placemaking, and advance equity for
underserved communities. Cycle 2 includes approximately $100 million for community projects.
• Funding Cycle: Anticipated application deadline in April 2023.
• More Information: https://cleancalifornia.dot.ca.gov/local-grants/local-grant-program
Railroad Crossing Elimination Program
The Railroad Crossing Elimination Program is a new competitive grant program created by the Bipartisan
Infrastructure and Jobs Act. This program will provide funds for the elimination of hazards at railway-highway
crossings. Funding will be available for both Construction Grants and Planning Grants. The Bipartisan
Infrastructure and Jobs Act allocates $500 million per fiscal year from FY 22 – FY 26, for a total of $2.5
billion in funding.
• Funding Cycle: Application period closed October 2022. FY 23 cycle timeline TBD.
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21 City of Carlsbad 2022 End of Year Report
• More Information: https://railroads.dot.gov/grants-loans/competitive-discretionary-grant-
programs/railroad-crossing-elimination-grant-program
Bridge Investment Program
The Bipartisan Infrastructure and Jobs Act contains a $36.7 billion appropriation to establish the competitive
Bridge Investment Grant Program. Funding will support projects that replace, rehabilitate, preserve, or
protect one or more bridges on the National Bridge Inventory or projects that replace or rehabilitate culverts
for the purpose of improving flood control and improved habitat connectivity for aquatic species.
• Funding Cycle: Application period closed September 2022. FY 23 cycle timeline TBD.
• More Information: https://www.fhwa.dot.gov/bridge/bip/
Safe Streets and Roads for All
The new Safe Streets and Roads for All (SS4A) discretionary program provides funding to support local
initiatives to prevent death and serious injury on roads and streets, commonly referred to as ‘‘Vision Zero’’
or ‘‘Toward Zero Deaths’’ initiatives. The development and establishment of a Comprehensive Safety Action
Plan is a key component of this program. Applications covering several entities are encouraged to apply.
To apply for an Implementation Grant, an organization must have in place a Safety Action Plan that satisfies
program requirements. The BIL allocates $200 million annually for FY 22-26.
• Funding Cycle: Application period closed September 2022. FY 23 cycle timeline TBD.
• More Information: https://www.transportation.gov/grants/SS4A
PROTECT Program
The Bipartisan Infrastructure Law provided $8.7 billion in funding to create the Promoting Resilient
Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) discretionary grant
program. Most of the funds ($7.3 billion) will be distributed by formula, and the remainder ($1.4 billion) will
be distributed by competitive grant. Specifically, the program provides federal funding to projects to help
communities address vulnerabilities due to weather, natural disasters, and climate change. The program
also provides funds to plan transportation improvements and emergency response strategies to address
those vulnerabilities.
• Funding Cycle: Anticipated solicitation release in Q2 2023.
• More Information: https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/protect
Parks and Recreation
Statewide Park Development and Community Revitalization Program (SPP)
The legislature allocated $75 million to the State Parks Program (SPP) in the FY 22-23 state budget. SPP
is the premier grant opportunity for park construction/renovation projects. Projects should create new
recreation opportunity(s) as the primary goal. Sites where the half-mile radius has a ratio of more than 3
acres of park space per 1,000 residents and the surrounding community has a median household income
above $56,982 are not eligible for grant funding. Refer to the Community FactFinder for information about
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22 City of Carlsbad 2022 End of Year Report
potential project sites. Additionally, competitive SPP applications require a strong community engagement
effort. Winning applications are typically able to reference community feedback when justifying the need for
and design of the project. Applications submitted for Round 5 in 2023 may remain under consideration for
additional state funding. The FY 22-23 budget included a plan to make $225 million available to SPP.
However, the timing and feasibility of that plan may be impacted by the projected budget deficit.
• Funding Cycle: Anticipated application deadline in late Spring/early Summer 2023.
• More Information: https://www.parks.ca.gov/?page_id=29939
Outdoor Equity Grants
The Outdoor Equity Grants Program will fund the creation of outdoor programs targeted and accessible to
underserved communities. OEP will fund program operating and transportation costs, but not capital
projects. Applicants must establish a “Community Home Base” that serves as a central gathering place in
an underserved community. Examples include schools, recreation centers, community meeting spaces,
local parks, etc. The legislature allocated $25 million in the FY 22-23 state budget to support issue another
round of funding.
• Funding Cycle: Applications will be due no earlier than November 2023. Final timeline TBD.
• More Information: https://www.parks.ca.gov/?page_id=30443
Fire Response and Wildfire Mitigation
Assistance to Firefighters Grant (AFG)
The Assistance to Firefighters Grant (AFG) focuses on enhancing the safety of the public and firefighters
with respect to fire and fire-related hazards. Agencies can submit applications under three designations:
Operations and Safety, Vehicle Acquisition, or Regional Projects. For Operations and Safety applications,
agencies may voluntarily designate their proposal as a “Micro Grant” (no more than $50,000). A mainstay
of the annual competitive grant cycle, FEMA typically releases AFG applications in the early Winter.
• Funding Cycle: Anticipated release Q1 2023.
• More Information: https://www.fema.gov/grants/preparedness/firefighters
Staffing for Adequate Fire Emergency Response (SAFER)
The Staffing for Fire and Emergency Response (SAFER) Grant program provides funding directly to fire
departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters
to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate fire
protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. The SAFER
grants are typically available in the early Winter, after the AFG.
• Funding Cycle: Anticipated release Q1/Q2 2023.
• More Information: https://www.fema.gov/grants/preparedness/firefighters/safer
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23 City of Carlsbad 2022 End of Year Report
Fire Prevention and Safety Grant Program (FP&S)
The Fire Prevention and Safety Grant Program (FP&S) provides financial assistance for fire prevention
programs and programs that support firefighter health and safety research and development. Organizations
can apply under one of two categories: Fire Prevention and Safety or Research and Development.
• Funding Cycle: Anticipated release Q1/Q2 2023.
• More Information: https://www.fema.gov/grants/preparedness/firefighters/safety-awards
Wildfire Prevention Grants Program
The Wildfire Prevention Grants Program provides funding for fire prevention projects and activities in and
near fire threatened communities. Funded activities include hazardous fuels reduction, wildfire prevention
planning, and wildfire prevention education with an emphasis on improving public health and safety while
reducing greenhouse gas emissions. The legislature allocated $80 million to this program in the FY 22-23
state budget.
• Deadline: 3/15/2023
• More Information: https://www.fire.ca.gov/grants/wildfire-prevention/
Community Wildfire Defense Grant
The purpose of the Community Wildfire Defense Grant is to assist at-risk local communities and Indian
Tribes with planning for and mitigating against the risk created by wildfire. There are two primary project
types for which the grant provides funding: The development and revising of Community Wildfire Protection
Plans (CWPP), and the implementation of projects described in a CWPP that is less than ten years old. The
program prioritizes at-risk communities that are in an area identified as having high or very high wildfire
hazard potential, are low-income, and/or have been impacted by a severe disaster. This program is funded
by the Bipartisan Infrastructure Law.
• Funding Cycle: Application period closed October 2022. FY 23 timeline TBD.
• More Information: https://www.fs.usda.gov/managing-land/fire/grants
Housing and Homelessness
Encampment Resolution Funding (ERF)
The Encampment Resolution Funding (ERF) grants will fund local demonstration projects that provide
services to address the immediate crisis of experiencing unsheltered homelessness in encampments,
support people living in encampments onto paths to safe and stable housing, and result in sustainable
restoration of public spaces to their intended uses. Each application must identify and focus on one
encampment site or a collection of closely linked encampment sites. This grant is not intended to be the
sole funding source for a new encampment resolution project. There is no match requirement, but applicants
must demonstrate that they are leveraging other sources of funding. Additionally, projects must comply with
the principles of Housing First approaches. The state legislature has appropriated $700 million to issue
grants over the next two years.
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24 City of Carlsbad 2022 End of Year Report
• Deadlines: 2/28/2023, 4/30/2023, and 6/30/2023
• More Information: https://www.bcsh.ca.gov/calich/erf_program.html
Project Homekey 3.0
Project Homekey provides funding to rapidly sustain and expand the inventory of housing for people
experiencing homelessness or at risk of homelessness. Homekey is an opportunity for local public agencies
to purchase motels and a broad range of other housing types to increase their community's capacity to
respond to homelessness. The state legislature allocated an additional $150 million to support a third round
of competitive funding.
• Funding Cycle: Anticipated funding cycle opening in Spring 2023.
• More Information: https://www.hcd.ca.gov/grants-and-funding/homekey
Infill Infrastructure Grant Catalytic Program (IIGC)
The purpose of the Infill Infrastructure Grant Catalytic Program (IIGC) is to provide critical infrastructure
funding necessary to unlock sites for residential development. IIGC supports adaptive reuse of industrial or
business parks, vacant shopping centers, strip malls, or scattered sites with vacant or underutilized
structures by providing financial assistance for Capital Improvement Projects that are an integral part of, or
necessary to facilitate, the development of housing with Catalytic Qualifying Infill Areas (CQIAs).
• Deadline: Concept proposals are due 1/31/23.
• More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/infill-infrastructure-
grant
Infill Infrastructure Grant Program (IIG)
The Infill Infrastructure Grant (IIG) program’s primary objective is to promote infill housing development by
providing financial assistance for Capital Improvement Projects that are an integral part of or necessary to
facilitate the development of a Qualifying Infill Project or a Qualifying Infill Area. All applications must include
a Qualifying Infill Project. This program is part of the Multifamily Finance Super NOFA published by CalHCD.
• Funding Cycle: Application deadline scheduled for June 2023.
• More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/infill-infrastructure-
grant
Multifamily Housing Program (MHP)
The Multifamily Housing Program (MHP) provides financing options to assist the new construction,
rehabilitation, and preservation of permanent and transitional rental housing for lower income households.
The initial term of the loan shall be 55 years. The MHP loan amount shall not exceed the total eligible costs
required. This program is part of the Multifamily Finance Super NOFA published by CalHCD.
• Funding Cycle: Application deadline scheduled for June 2023.
• More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/multifamily-
housing-program
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25 City of Carlsbad 2022 End of Year Report
Veterans Housing and Homelessness Prevention Program (VHHP)
VHHP provides loans to support affordable multifamily housing for veterans and their families. Applicants
must demonstrate clear market demand for the proposed project and target population. VHHP loans have
an initial term of 55 years or longer. Projects cannot use funds from multiple CalHCD grant or loan programs
to support development. This program is part of the Multifamily Finance Super NOFA published by CalHCD.
• Funding Cycle: Application deadline scheduled for June 2023.
• More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/veterans-housing-
and-homelessness-prevention
Farmworker Housing Grant Program (FWHG)
The Farmworker Housing Grant Program (FWHG) finances the new construction, rehabilitation, and
acquisition of owner-occupied and rental units for agricultural workers, with a priority for lower income
households through deferred-payment loans. New Construction or Rehabilitation Loans: Lien restrictions
for assisted units are required for 55 years. Loans may be made in conjunction with low-income tax credit
financing. This program is part of the Multifamily Finance Super NOFA published by CalHCD.
• Funding Cycle: Application deadline scheduled for June 2023.
• More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/joe-serna-jr-
farmworker-housing-grant
Affordable Housing and Sustainable Communities (AHSC)
The AHSC Program is designed to implement GHG emissions reductions through a reduction of vehicle
miles travelled (VMT), or fewer and shorter auto-trips. The AHSC Program will fund integrated land use and
transportation projects supporting low-carbon transportation options. Promoting mode shift to low-carbon
transportation will require strategies that link residential areas, major employment centers and other Key
Destinations to accessible, reliable, affordable, safe, and comfortable transit, and active transportation
options.
• Funding Cycle: Application deadline scheduled for March 2023.
• More Information: https://sgc.ca.gov/programs/ahsc/
Sustainability and Climate Adaptation
Adaptation Planning Grant Program
The Adaptation Planning Grant Program (APGP) will provide $25 million to help fill local, regional, and tribal
planning needs, provide communities the resources to identify climate resilience priorities, and support the
development of a pipeline of climate resilient infrastructure projects across the state. The Governor’s Office
of Planning and Research will issue the first round of competitive funding in 2023.
• Deadline: 3/31/2023
• More Information: https://www.opr.ca.gov/climate/icarp/grants/adaptation-planning-grant.html
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26 City of Carlsbad 2022 End of Year Report
Urban and Community Forestry Program
The Urban and Community Forestry Program provides funding for projects that reduce greenhouse gas
emissions and improve functionality of urban forests, arrest the decline of urban forest resources, address
climate change resilience, improve the quality of the environment in urban areas, and optimize co-benefits
to urban residents.
• Funding Cycle: Program Guidelines for FY 22/23 will be published in early 2023.
• More Information: https://www.fire.ca.gov/grants/urban-and-community-forestry-grant-programs/
Community Resilience Centers Grant Program
This grant program is intended to fund the construction of new facilities or the retrofit of existing facilities
that will serve as community resilience centers, including hydration stations, cooling centers, clean air
centers, respite centers, community evacuation and emergency response centers, and similar facilities to
mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate
change, such as wildfire, power outages, or flooding, on local populations. These centers will serve as both
community emergency response facilities and to build long-term resilience, preparedness, and recovery
operations for local communities.
• Funding Cycle: Application deadline scheduled for April 2023.
• More Information: https://sgc.ca.gov/programs/community-resilience-centers/
Charging and Fueling Infrastructure Grants
The Bipartisan Infrastructure Law creates a new competitive grant program to strategically deploy publicly
accessible electric vehicle charging infrastructure and other alternative fueling infrastructure along
designated alternative fuel corridors. The Charging and Fueling Infrastructure Grants is composed of two
categories: Community Charging and Corridor Charging. The Community Charging Grant can be used to
install electric vehicle charging and alternative fuel in locations on public roads, schools, parks, and in
publicly accessible parking facilities. The Corridor Charging Grant will be used to Deploy electric vehicle
charging and hydrogen/propane/natural gas fueling infrastructure along designated alternative fuel corridors
and in communities.
• Funding Cycle: Application deadline scheduled for April 2023.
• More Information: https://www.transportation.gov/rural/ev/toolkit/ev-infrastructure-funding-and-
financing/federal-funding-programs
Low or No Emission Transit Vehicle Program
The purpose of the Low-No Program, funded through the Bipartisan Infrastructure Law, is to support the
transition of the nation’s transit fleet to the lowest polluting and most energy efficient transit vehicles. The
Low-No Program provides funding to state and local governmental authorities for the purchase or lease of
zero-emission and low-emission transit buses, including acquisition, construction, and leasing of required
supporting facilities.
• Funding Cycle: Application period closed May 2022. FY 23 cycle timeline TBD.
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27 City of Carlsbad 2022 End of Year Report
• More Information: https://www.transit.dot.gov/lowno
Climate Pollution Reduction Grants
The Inflation Reduction Act will provide $5 billion in funding to provide grants for developing plans to reduce
GHG air pollution and implement projects identified in qualifying GHG air pollution reduction plans.
• Funding Cycle: RPPG is monitoring the creation of new grant programs through the IRA and will
provide additional information as it becomes available.
Assistance for the Latest and Zero Building Energy Code Adoption
The Inflation Reduction Act will provide $670 million in grants for states and local governments to adopt
building codes that meet or exceed zero energy provisions in the 2021 International Energy Conservation
Code or an equivalent stretch code.
• Funding Cycle: RPPG is monitoring the creation of new grant programs through the IRA and will
provide additional information as it becomes available.
Clean Heavy-Duty Vehicles Program
The Inflation Reduction Act will provide $670 million in grants for states and local governments to adopt
building codes that meet or exceed zero energy provisions in the 2021 International Energy Conservation
Code or an equivalent stretch code.
• Funding Cycle: RPPG is monitoring the creation of new grant programs through the IRA and will
provide additional information as it becomes available.
Water Quality and Conservation
Water and Energy Efficiency Grant (WEEG)
The Water and Energy Efficiency Grants (WEEG) program provides funding for projects that result in
quantifiable water savings, implement renewable energy components, and support broader sustainability
benefits. These projects conserve and use water more efficiently, increase the production of renewable
energy, mitigate conflict risk in areas at high risk of future water conflict, and accomplish other benefits that
contribute to sustainability in the western United States.
• Funding Cycle: Application period for FY 23 closed July 2022. FY 24 timeline TBD. Staff from the
Bureau of Reclamation have indicated that they will follow a similar schedule in 2023.
• More Information: https://www.usbr.gov/watersmart/weeg/
Small-Scale Water Efficiency Projects (SWEP)
Through the WaterSMART Small-Scale Water Efficiency Projects Reclamation provides 50/50 cost share
funding to irrigation and water districts, tribes, states and other entities with water or power delivery authority
for small water efficiency improvements that have been identified through previous planning efforts. Projects
eligible for funding include installation of flow measurement or automation in a specific part of a water
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28 City of Carlsbad 2022 End of Year Report
delivery system, lining of a section of a canal to address seepage, or other similar projects that are limited
in scope.
• Funding Cycle: Application period for FY 23 closed April 2022. FY 24 timeline TBD. Staff from the
Bureau of Reclamation have indicated that they will follow a similar schedule in 2023.
• More Information: https://www.usbr.gov/watersmart/swep/index.html
Water Reclamation and Reuse Program (WRRP)
Through the Water Reclamation and Reuse Program (WRRP), known also as the Title XVI program, the
U.S. Bureau of Reclamation identifies and investigates opportunities to reclaim and reuse wastewaters and
impaired ground and surface water in the 17 Western States and Hawaii. Title XVI includes funding for the
planning, design, and construction of water recycling and reuse projects in partnership with local
government entities.
• Funding Cycle: Application period for FY 23 closed March 2022. FY 24 timeline TBD. Staff from
the Bureau of Reclamation have indicated that they will follow a similar schedule in 2023.
• More Information: https://www.usbr.gov/watersmart/title/
Drought Resiliency Project (DRP)
The Drought Resiliency Projects (DRP) program supports projects that build long-term resilience to drought
and reduce the need for emergency response actions. These projects are generally in the final design
stage—environmental and cultural resources compliance may have been initiated, and the non-federal
funding, necessary permits, and other required approvals have been secured. This is an annual funding
competition from the U.S. Bureau of Reclamation.
• Funding Cycle: Application period for FY 23 closed June 2022. FY 24 timeline TBD. Staff from the
Bureau of Reclamation have indicated that they will follow a similar schedule in 2023.
• More Information: https://www.usbr.gov/drought/
Urban Community Drought Relief Program
The Urban Community Drought Relief Program is one of two Department of Water Resources’ (DWR’s)
Drought Relief Grant Programs that offers financial assistance to address drought impacts through
implementation of projects with multiple benefits. Urban water suppliers defined as those that provide
drinking water with 3,000 connections or more or more than 3,000 acre-feet per year. The Department of
Water Resources will be allocating $300 million in funding for FY 22/23.
• Deadline: 1/31/2023
• More Information: https://water.ca.gov/Water-Basics/Drought/Urban-Drought-Grant
Integrated Regional Water Management Grant (IRWM)
The Integrated Regional Water Management (IRWM) program is a collaborative effort to manage all aspects
of water resources in a region. IRWM projects cross jurisdictional, watershed, and political boundaries;
involve multiple agencies, stakeholders, individuals, and groups; and attempt to address the issues and
Jan. 10, 2023 Item #6 Page 85 of 94
29 City of Carlsbad 2022 End of Year Report
differing perspectives of all entities involved through mutually beneficial solutions. To apply, the IRWM
region must have been accepted into the IRWM Grant Program through the Regional Acceptance Process.
Projects must be included in an adopted IRWM Plan.
• Deadline: 2/1/2023
• More Information: https://water.ca.gov/work-with-us/grants-and-loans/irwm-grant-programs
Economic and Workforce Development
Public Works and Economic Adjustment Assistance (PWEAA)
EDA funds Public Works (PW) projects to meet the construction and/or infrastructure design needs of
communities to enable them to become more economically competitive. Economic Adjustment Assistance
(EAA) projects should catalyze public-private partnerships to foster collaboration, attract investment, create
jobs, and promote economic resiliency and prosperity. Projects must be related to a current Comprehensive
Economic Development Strategy (CEDS). All EDA projects should advance bottom-up economic
development and prioritize the creation of living wage jobs.
• Funding Cycle: Applications are accepted and approved on an ongoing basis. It is recommended
to submit a project prior to 3/15 for consideration for that fiscal year.
• More Information: https://www.eda.gov/funding/programs/public-works &
https://www.eda.gov/funding/programs/economic-adjustment-assistance
Build to Scale Program (B2S)
EDA’s Office of Innovation and Entrepreneurship (OIE) leads the Build to Scale (B2S) program. Under the
Build to Scale program, EDA manages a portfolio of national grant competitions that further increase the
capacities of regions to plan and implement ecosystems that support innovators, entrepreneurs, and
startups that are growing technology-driven businesses, creating high-skill, high-wage jobs, and building
the industries of the future.
• Funding Cycle: Application period closed June 2022. Timeline for FY 23 applications TBD.
• More Information: https://www.eda.gov/funding/programs/build-to-scale
Economic Diversification Pilot Projects
The Community Economic Resilience Fund (CERF) Pilot Projects solicitation will fund projects aligned with
the values of the CERF program that demonstrate potential uses of CERF implementation funds. To be
eligible for funding, a Pilot Project proposal must be presented as part of a plan approved or adopted by a
local or regional entity within the past five years.
• Funding Cycle: Solicitation will be released in January 2023.
• More Information: https://opr.ca.gov/economic-development/
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30 City of Carlsbad 2022 End of Year Report
Public Safety and Criminal Justice
COPS Hiring Program
The goal of the COPS Hiring Program (CHP) is to provide funding directly to law enforcement agencies to
hire and/or rehire additional career law enforcement officers to increase their community policing capacity
and crime prevention efforts. Any budget cuts contributing to the need for CHP funding must be unrelated
to the receipt of CHP award funds to avoid supplanting.
• Funding Cycle: Application period closed June 2022. Timeline for FY 23 solicitation TBD.
• More Information: https://cops.usdoj.gov/chp
School Violence Prevention Program
The goal of the School Violence Prevention Program (SVPP) is to improve security at schools and on school
grounds through the implementation of evidence-based school safety programs and technology. Funds
cannot be used to pay for salaries and benefits of sworn officers or civilian security guards.
• Funding Cycle: Application period closed June 2022. Timeline for FY 23 solicitation TBD.
• More Information: https://cops.usdoj.gov/svpp
Community Policing Development Microgrants Program
Community Policing Development (CPD) Microgrants Program funds are used to develop law enforcement’s
capacity to implement community policing strategies by providing funding to local, state, tribal, and territorial
law enforcement agencies. When properly applied, community policing improves the identification and
prioritization of community problems; builds trust and relationships between law enforcement and the
communities they serve; and enables an agency to build a culture toward accountability, transparency, open
communication, and mutual trust.
• Funding Cycle: Application period closed June 2022. Timeline for FY 23 solicitation TBD.
• More Information: https://cops.usdoj.gov/cpdmicrogrants
Law Enforcement Mental Health and Wellness Act (LEMHWA) Program
The Law Enforcement Mental Health and Wellness Act (LEMHWA) program will fund projects that develop
knowledge; increase awareness of effective mental health and wellness strategies; increase the skills and
abilities of law enforcement; and increase the number of law enforcement agencies and relevant
stakeholders using peer support, training, family resources, suicide prevention, and other promising
practices for wellness programs.
• Funding Cycle: Application period closed April 2022. Timeline for FY 23 solicitation TBD.
• More Information: https://cops.usdoj.gov/lemhwa
Officer Wellness and Mental Health Grant Program
The legislature approved funding in the FY 22-23 state budget to establish this new grant program through
the Board of State and Community Corrections. Funding can be used for establishing or expanding officer
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31 City of Carlsbad 2022 End of Year Report
wellness units, establishing or expanding peer support units, providing services from licensed mental health
professionals or counselors that work with law enforcement, expanding multiagency mutual aid programs
focused on officer wellness and mental health, and other programs and services that are evidence-based
or have a track record of enhancing officer wellness. More information is expected to come out as program
guidelines are developed.
• Funding Cycle: Solicitation will be released in January 2023.
• More Information: https://opr.ca.gov/economic-development/
Community Infrastructure
Broadband Local Agency Technical Assistance
Local Agency Technical Assistance (LATA) grants provide reimbursement for local agencies for pre-
construction expenses that facilitate development of broadband network deployment projects to areas in
need. Grants may be used to reimburse eligible costs such as environmental, feasibility, and engineering
design studies or reports; needs assessments, market studies, broadband strategic plans, and business
plans; forming a joint powers authority; and consultant and community-based organization services.
• Deadline: Applications being accepted until funding is exhausted.
• More Information: https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/broadband-
implementation-for-california/local-agency-technical-assistance
Building Forward: Library Infrastructure Grant
The Building Forward infrastructure grant program provides one-time funds to create an equity-focused
matching program to support local library maintenance, capital projects. Priority will be given to project
requests for local libraries in high-poverty areas of the state and projects that address life-safety and other
critical maintenance and infrastructure projects. Projects should be community-specific and focus on
individual library outlets/buildings.
• Funding Cycle: Tentative deadline set for 3/23/2023.
• More Information: https://www.library.ca.gov/grants/infrastructure/
Hazard Mitigation
Building Resilient Infrastructure and Communities (BRIC)
The Building Resilient Infrastructure and Communities (BRIC) program makes federal funds available for
pre-disaster mitigation activities. The program seeks to encourage and enable innovation, promote
partnerships, provide a significant opportunity to reduce future losses, and support high-impact investments.
Applicants must provide a Benefit-Cost Analysis for infrastructure proposals. Applicants must be covered
under an active Local Hazard Mitigation Plan (LHMP) to apply for funding. Project scoping funding can be
requested to prepare for a future BRIC implementation grant proposal.
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32 City of Carlsbad 2022 End of Year Report
• Funding Cycle: Timeline for FY 23 applications TBD. For FY 22, Notices of Interest were due
9/16/2022 and full Subapplications were due 12/2/2022.
• More Information: https://www.caloes.ca.gov/office-of-the-director/operations/recovery-
directorate/hazard-mitigation/bric/
Flood Mitigation Assistance (FMA)
The Flood Mitigation Assistance (FMA) program makes federal funds available to states, U.S. territories,
tribal governments, and local communities to reduce or eliminate the risk of repetitive flood damage to
buildings and structures insured under the National Flood Insurance Program (NFIP). Applicants must
provide a Benefit-Cost Analysis for infrastructure proposals. Applicants must be covered under an active
Local Hazard Mitigation Plan (LHMP) to apply for funding. Project scoping funding can be requested to
prepare for a future BRIC implementation grant proposal.
• Funding Cycle: Timeline for FY 23 applications TBD. For FY 22, Notices of Interest were due
9/16/2022 and full Subapplications were due 12/2/2022.
• More Information: https://www.caloes.ca.gov/office-of-the-director/operations/recovery-
directorate/hazard-mitigation/flood-mitigation-assistance/
———————————————— END OF REPORT
Jan. 10, 2023 Item #6 Page 89 of 94
City of Carlsbad
Federal Update
January 3, 2023
FY23 Omnibus Appropriations Package Signed Into Law Right before the Christmas holiday, Congress passed, and the President signed into law, the Fiscal Year (FY) 2023 omnibus appropriations package. The $1.7 trillion package contains all twelve FY23 appropriations bills, totaling over 4,155 pages, and includes increases in funding for both defense and non-defense discretionary programs. Community projects (formerly known as earmarks) are also included in the omnibus package. The package also includes the “State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act” (S. 3011). The bill would give state and local governments the flexibility to spend funds from the American Rescue Plan and the CARES Act on transportation, transit, and local development projects.
Administration Releases Inflation Reduction Act Guidebook The White House has released an Inflation Reduction Act (IRA) guidebook entitled “Building a Clean Energy Economy: A Guidebook to the Inflation Reduction Act’s Investments in Clean Energy and Climate Action.” This guidebook is like what the Administration released after the passage of the Bipartisan Infrastructure Law (BIL). Additionally, in the coming months, the Administration will launch a website for the IRA (www.cleanenergy.gov) that will provide additional and updated information on the implementation of the IRA.
DOT Issues RAISE NOFO The Department of Transportation (DOT) issued a notice of funding opportunity (NOFO) for the availability of $1.5 billion in funding through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program. RAISE discretionary grants help project sponsors at the State and local levels, including municipalities, Tribal governments, counties, and others, complete critical freight and passenger transportation infrastructure projects. The eligibility requirements of RAISE allow project sponsors to obtain funding for projects that are harder to support through other U.S. DOT grant programs. Applications are due by February 28th, and project selections will be announced by the end of June. More information can be found HERE.
EPA and Army Corps Announces Upcoming WOTUS Rule The Environmental Protection Agency (EPA) and USACE announced the pre-publication notice for the Waters of the United States (WOTUS) final rule. The WOTUS rule defines the scope of federal jurisdiction over waters and wetlands under the jurisdiction of the Clean Water Act. During the Obama Administration, EPA and USACE attempted to redefine WOTUS,
Exhibit 5
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issuing a final rule in 2015. The Trump Administration rescinded the Obama-rule and then issued its own rule, entitled “Navigable Waters Protection Rule.” The Biden Administration rescinded the Trump-rule and went through the process of drafting a new rule. The pre-publication notice of the final rule can be found HERE.
Senate Releases 2023 Schedule Following the conclusion of the runoff election in Georgia, Senate Majority Leader Chuck Schumer (D-NY) released the Senate calendar for 2023. Last month, incoming House Majority Leader Steve Scalise (R-LA) released the House calendar for 2023. A combined House and Senate calendar can be found HERE.
Treasury Publishes Guidance on IRA Labor Requirements The Department of the Treasury (Treasury) released initial guidance on the prevailing wage and apprenticeships requirement for energy tax credits authorized by the IRA. The guidance will apply to the following tax credits:
Advanced Energy Project Credit
Alternative Fuel Refueling Property Credit
Credit for Carbon Oxide Sequestration
Clean Fuel Production Credit
Credit for Production of Clean Hydrogen
Energy Efficient Commercial Buildings Deduction
Renewable Energy Production Tax Credit
Renewable Energy Property Investment Tax Credit
House Democrats Announce Committee Leaders for 118th Congress Incoming Democratic Leader Hakeem Jeffries (D-NY) announced that Ranking Members for Committees in the 118th Congress as follows:
Administration: Rep. Joe Morelle (D-NY)
Agriculture: Rep. David Scott (D-GA)
Appropriations: Rep. Rosa DeLauro (D-CT)
Armed Services: Rep. Adam Smith (D-WA)
Budget: Rep. Brendan Boyle (D-PA)
Education and Labor: Rep. Bobby Scott (D-VA)
Energy and Commerce: Rep. Frank Pallone (D-NJ)
Ethics: Rep. Susan Wild (D-PA)
Financial Services: Rep. Maxine Waters (D-CA)
Foreign Affairs: Rep. Gregory Meeks (D-NY)
Homeland Security: Rep. Bennie Thompson (D-MS)
Judiciary: Rep. Jerrold Nadler (D-NY)
Natural Resources: Rep. Raúl Grijalva (D-AZ)
Oversight & Reform: Rep. Jamie Raskin (D-MD)
Rules: Rep. Jim McGovern (D-MA)
Science, Space and Technology: Rep. Zoe Lofgren (D-CA)
Small Business: Rep. Nydia Velázquez (D-NY)
Transportation and Infrastructure: Rep. Rick Larsen (D-WA)
Veterans’ Affairs: Rep. Mark Takano (D-CA)
Jan. 10, 2023 Item #6 Page 91 of 94
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Ways and Means: Rep. Richard Neal (D-MA) Federal Funding Opportunities/Announcements
DOE Publishes NOI for Carbon Conversion Program. DOE published an NOI for the Carbon Utilization Procurement Grant program. The program, established by BIL, would provide grants to states, local governments, and public utilities to support the commercialization of technologies that reduce carbon emissions while also procuring and using commercial or industrial products developed from captured carbon emissions. More information can be found HERE. DOI Announces $228 Million in BIL Funding for Wildfire Mitigation and Resilience. The Department of the Interior (DOI) announced $228 million in BIL funding to support wildland fire management in FY23. The funding will support continuing pay increases for federal firefighters, new training opportunities, fuel management work to reduce fire risk, burned area rehabilitation, and increased funding for research on fire risks. More information can be found HERE.
FAA Announces AIP Grant Allocations Under BIL. The Federal Aviation Administration (FAA) announced the FY 2023 Airport Improvement Program (AIP) grant allocations under BIL. All airport allocations can be found HERE.
FAA Announces AIP Grant Awards for Winter Operations. FAA announced more than $76 million in airport improvement program (AIP) grant awards to 85 airports in 28 states for snowplows, de-icing equipment, and new or upgraded buildings to help store winter equipment. A full list of grant awards can be found HERE. FCC Announces ACP Community Outreach and YHYI Funding. The Federal Communications Commission (FCC) announced a NOFO for the Affordable Connectivity Outreach Grant Program (ACP) and the Your Home, Your Internet (YHYI) Program. YHYI is designed to increase awareness of the Affordable Connectivity Program (ACP) among households receiving federal housing assistance. ACP, authorized by BIL, will help community messengers develop innovative outreach strategies to reach historically unserved and underserved communities. Applications are due by January 9th, and more information can be found HERE.
Federal Agency Personnel/Regulatory Announcements Census Bureau Proposes Changes to Population Estimates Challenge. The U.S. Census Bureau proposed changes for the Population Estimates Challenge Program which provides eligible general-purpose governmental entities (units) with the opportunity to file requests for the review of their population estimates for 2021 and subsequent years in forthcoming estimates series, beginning with the Vintage 2022 series that is scheduled to be published in 2023. The Census Bureau is proposing to amend its regulations to update references to the input data used to produce the official population estimates and revise the evidence required to support a challenge. More information can be found HERE.
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DHS Announces Extension of REAL ID Enforcement Deadline. The Department of Homeland Security (DHS) announced its intent to extend the REAL ID full enforcement date by 24 months, from May 3rd, 2023, to May 7th, 2025. Under the new regulations published to execute this change, states will now have additional time to ensure their residents have driver’s licenses and identification cards that meet the security standards established by the REAL ID Act. More information can be found HERE. DOE Releases Proposed Rule to Phase Out Compact Fluorescent Lightbulbs. DOE released a proposed rule to phase out compact fluorescent lightbulbs. DOE is hosting a webinar on February 1st at 1:00 pm EST on the proposal and registration can be found HERE. More information on the proposed rule can be found HERE.
DOT and DOE Announce Joint Office Technical Assistance for School Districts, Transit
Agencies, and Tribal Nations. DOT and DOE announced updates to its website, to be more inclusive of additional Joint Office stakeholders by adding technical assistance resources for school districts, transit agencies, and tribal nations. The website can be found HERE. DOT Released Updated BIL Resources. DOT released updated resources related to BIL, including:
Open BIL funding opportunities
New state-by-state fact sheets
Maps Dashboard – Announced BIL funding DOT Releases Technical Assistance Resources Database. DOT released a technical assistance database that includes programs, processes and resources that provide targeted support to help them access and deploy federal funding. The database can be accessed HERE.
DOT Updates FAQs on Meaningful Public Involvement in Transportation Decision-
Making. DOT updated the frequently asked questions (FAQs) to help local governments understand what types of costs may be eligible for public involvement activities. The updated FAQs can be found HERE. EPA Announces Senior Advisor for Greenhouse Gas Reduction Fund. EPA announced that Jahi Wise will serve as Senior Advisor to the Administrator and Acting Director for the Greenhouse Gas Reduction Fund program. Wise previously served as Special Assistant to President Biden for Climate Policy and Finance in the White House Office of Domestic Climate Policy. More information on GGRF can be found HERE.
EPA Publishes Updated Emissions Rule for Heavy-Duty Engines and Vehicles. EPA published a Final Rule on emissions standards for heavy-duty engines and vehicles to reduce ozone and particulate matter emissions further. By 2045, the new rule is expected to cut emissions of nitrogen oxides (NOx) from the heavy-duty vehicle sector by about 48 percent. The new standards are scheduled to take effect for model year 2027 vehicles. The Final Rule can be found HERE.
FHWA Announces EDC Transportation Innovations. FHWA announced the latest round of transportation innovations through the Every Day Counts (EDC) Program. EDC is a state-based program that that helps identify and rapidly deploy proven, yet underutilized,
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innovations that facilitate greater efficiency in project delivery at the state, local and tribal levels. More information can be found HERE. HUD Releases 2022 Annual Homeless Assessment Report. The Department of Housing and Urban Development (HUD) released its 2022 Annual Homeless Assessment Report (AHAR) Part 1 to Congress. HUD releases the AHAR to Congress in two parts. Part 1 provides Point-in-Time (PIT) estimates, offering a snapshot of homelessness on a single night. The report and more information can be found HERE.
Treasury Releases Information on IRA Clean Vehicles Provisions. Treasury released the following additional guidance on the clean vehicles provisions included in the Inflation Reduction Act (IRA):
FAQs
Notice of Incremental Costs
Notice of Intent of Proposed Regulations
White Paper USICH Releases Plan to Reduce Homelessness. The US Interagency Council on Homelessness (USICH) released a report titled “All In: The Federal Strategic Plan to Prevent and End Homelessness.” USICH encourages state and local governments to use the plan as a blueprint for creating their own plans to prevent and end homelessness and setting their own ambitious goals for 2025. The report can be found HERE. ## ## ##
Jan. 10, 2023 Item #6 Page 94 of 94
Jason Haber
Intergovernmental Affairs Director
January 10, 2023
2023 Legislative Platform
and Program Update
PROPOSED ACTION
•Adopt a resolution approving the City of
Carlsbad 2023 Legislative Platform.
•Direct staff to advocate for two city-
sponsored legislative proposals and
funding.
•Receive reports on state and federal
legislative & budget activity and provide
feedback.
ITEM 6: Legislative Update
2022: Year in Review
•$94 billion dollar budget surplus
–Climate Action (Resources/Energy)
–Housing
–Infrastructure
–Homelessness/Mental Health
•Measures introduced: 2,353
•Measures advancing to Governor’s desk: 1,434
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2022: Year in Review
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TWO CITY-SPONSORED BILLS BECAME LAWS:
AB 1672 AND AB 1682 (BOERNER HORVATH)
2023 State Legislative Calendar
•January 4 —Legislature reconvenes
•January 10 —FY23-24 budget submitted by the Governor
•February 17 —Last day for bills to be introduced in the 2023 session
•March 30 –April 10 —Legislative Spring Recess
•April 10 -May 27 —Items moving through the legislative process
•Early May —Governor presents “May Revision” of FY23-24 budget proposal
•June 30 —FY23-24 Budget must be signed by the Governor
•July 14 -August 14—Legislative Summer Recess
•August 14—Last month of session begins
•September 14—Last day for each house to pass bills
•October 14 –Last day for Governor to sign or veto bills passed by Legislature.
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Assembly Leadership
•Current Assembly Speaker Anthony Rendon (D, Lakewood) will remain as
Speaker until June 30.
–Assemblymember Chris Ward (D, San Diego) is Speaker pro Tempore and a
key member of Democratic Leadership.
•Assemblymember Boerner Horvath (D, Encinitas) has been appointed Chair of
the Communications and Conveyance Committee
*Full memberships have yet to be announced.
•As of July 1, Robert Rivas (D, Salinas) will succeed Rendon as Assembly Speaker.
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Senate Committees
•Senate President pro Tempore Toni Atkins announced her committee
memberships on January 5, 2023.
•Senator Blakespear has been appointed to the following committees:
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Standing Committees
Governance and Finance
Housing
Transportation
Joint Legislative Committee
Audit
Climate Change
FY 2023-24: State Budget Proposal
-Program delays and 10-15% cuts to close $22.5 billion budget gap
(…not tapping into reserves)
-Budget priorities:
–Transforming public education and higher ed
–Addressing the homelessness crisis
–Expanding housing affordability
–Increasing health care access
–Fighting climate change
–Keeping Californians safe
–Investing in economic development
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2023 LEGISLATIVE
PLATFORM APPROVAL
•City Council Policy 39 / Resolution 2019-137
•Legislative Subcommittee annual review
•City Council approves changes as needed
•Departmental/Consultant review and input
ITEM 6: Legislative Update
2023 LEGISLATIVE
PLATFORM APPROVAL
•Staff and Legislative Subcommittee recommend approval
•2023 Legislative Priorities
1. Community Character
2. Quality of Life & Safety
3. Sustainability & the Natural Environment
4. Economic Vitality
5. Organizational Excellence & Fiscal Health
ITEM 6: Legislative Update
FUNDING REQUESTS
•Opportunity for state & federal legislators to
request state budget appropriations
•Identified priority projects in need of funding
and aligned with state priorities
•Multi-year effort
ITEM 6: Legislative Update
FUNDING REQUESTS
•Utility undergrounding
•Stagecoach Park Community Garden Project
•Sea level rise adaptation and shoreline preservation
•Safe Routes to School improvements: bicycle, vehicle &
pedestrian safety
•Lowering the railroad tracks in the Village
•Monroe Street Pool Replacement Project
•Maerkle Reservoir Solar Project
•La Posada de Guadalupe homeless shelter expansion
•Fire Station 7: site acquisition and design
•Electric vehicle charging stations
ITEM 6: Legislative Update
STATE LEGISLATIVE
PROPOSALS
1.Allow employers to seek a restraining order
on behalf of an employee who is suffering
third party harassment
2.Establish requirements for statewide electric
bicycle rider safety training and licensing
ITEM 6: Legislative Update
PROPOSED ACTION
•Adopt a resolution approving the City of
Carlsbad 2023 Legislative Platform.
•Direct staff to advocate for two city-
sponsored legislative proposals and
funding.
•Receive reports on state and federal
legislative & budget activity and provide
feedback.
ITEM 6: Legislative Update
QUESTIONS?