HomeMy WebLinkAbout2023-12-12; City Council; ; 2024 Legislative Platform and Legislative Program UpdateCA Review __AF__
Meeting Date: Dec. 12, 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: 2024 Legislative Platform and Legislative Program Update
Districts: All
Recommended Actions
1.Adopt a resolution approving the City of Carlsbad 2024 Legislative Platform
2.Direct staff to advocate for five potential 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 as desired
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 pursue opportunities to sponsor five
proposed pieces of state legislation and pursue state, federal and county grants and budget
appropriations for specified city projects – are presented for the City Council’s consideration
and direction to staff.
This report also presents an overview of state and federal legislative and budget activity and
the city’s recent and ongoing advocacy efforts.
Explanation & Analysis
City of Carlsbad 2024 Legislative Platform
City Council Policy No. 39 - Intergovernmental Affairs Program establishes the guidelines of the
city’s intergovernmental affairs program, which enables the city to efficiently and effectively
address intergovernmental and legislative matters affecting the city. The policy calls for the city
to adopt a legislative platform expressing the city’s general legislative concerns.
The City Council Legislative Subcommittee was established by the City Council in 2019. Its
duties include conducting an annual review of the city’s legislative platform and recommending
amendments to the City Council, as needed. As part of the annual review of the platform, the
city’s legislative consultant, Renne Public Policy Group, and staff met with city departments to
Dec. 12, 2023 Item #11 Page 1 of 79
review the platform and brought changes to the subcommittee for consideration. The
subcommittee then reviewed the staff-recommended changes and offered its own changes to
the City of Carlsbad 2023 Legislative Platform. The changes have been incorporated into the
proposed City of Carlsbad 2024 Legislative Platform (Exhibit 2), which the subcommittee
recommends the City Council approve.
State, federal and county funding priorities
Based upon input provided by staff and the city’s state and federal 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:
• Camino De Los Coches and Maverick Way intersection improvements (District 4)
• Carlsbad Water Recycling Facility Improvements (District 3)
• Chestnut Avenue Underpass public art (District 1)
• El Camino Real widening – Arenal Drive to La Costa Avenue (District 4)
• Electric vehicle charging stations (All Districts)
• Fire Station 7: Site acquisition and design (District 2)
• La Costa Avenue traffic improvements (District 4)
• La Posada de Guadalupe Homeless Shelter expansion (District 2)
• Lowering the railroad tracks in the Village (District 1)
• Maerkle Reservoir solar panels (District 2)
• Monroe Street Pool replacement (District 1)
• Robertson Ranch Park development (District 2)
• Safe Routes to School improvements: Bicycle, vehicle and pedestrian safety (All districts)
• Schulman Auditorium and Cannon Art Gallery improvements (District 3)
• Sea level rise adaptation and shoreline preservation (All Districts)
• South Carlsbad Boulevard climate adaptation – Manzano Dr. to Island Way (Districts 2
and 3)
• Stagecoach Park Community Garden(District 4)
• Village decorative lighting (District 1)
For 2024, the subcommittee recommends that the City Council direct staff to engage Carlsbad’s
state, federal and county representatives to determine which of these projects they most
support and then tailor the city’s budget requests and grant applications to pursue the
necessary funding. Obtaining funding for these projects, which is expected to span several
years, will depend 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 recommends that the City Council direct staff to pursue five legislative
proposals during the current legislative session. These laws would:
• Amend the California Vehicle Code to establish requirements for e-bike rider safety
training and licensing
• Amend the California Government Code to add threats to cybersecurity as a closed
session exception under the state’s public meeting law, the Brown Act
Dec. 12, 2023 Item #11 Page 2 of 79
• Amend the Government Code to allow for the posting of legal advertising and public
noticing via electronic and digital media, rather than in newspapers
• Amend the California Civil Code to identify the use of restrictive covenants as an
acceptable instrument for documenting land being dedicated as open space, including
for mitigation purposes
o California resource agencies generally prefer to use conservation easements,
rather than restrictive covenants, when placing restrictions on land to preserve it
from development and require habitat management. Easements allow the use of
another property owner’s land for a specified purpose, such as for utilities, or, in
this case for open space.
o Conservation easements take years to process. They require a third party to act
as the grantee, that is, the holder of the easement, and often involve multiple
agencies.
o A restrictive covenant places restrictions on the use of land no matter who owns
it. This would help ensure that the obligation to preserve land in its natural state
in perpetuity survives a transfer of ownership without the long delays associated
with recording conservation easements.
• Amend the Government Code to clarify state density bonus law regarding the
replacement of existing affordable housing and the application of local inclusionary
housing requirements.
o Inclusionary housing requires developers to make a certain percentage of their
housing projects affordable to lower-income households.
o The state’s density bonus law allows a developer to increase the number of
residential units on a property above the maximum limit set by a city’s general
plan in exchange for reserving a certain number of the new units as affordable
for low- or moderate-income households.
o The density bonus law requires a developer who demolishes existing low- or
moderate-income units for a project to replace those units.
o The proposed changes would clarify that the replacement housing, that is, the
number of units being demolished and replaced, would be in addition to the
affordable units required under density bonus law.
o Additional changes would clarify a city’s ability to enforce its inclusionary
housing ordinance on the total number of units, including those allowed through
a density bonus.
Upon receiving City Council direction, staff will engage the city’s state representatives and
stakeholder groups to further develop and determine the viability of advancing these
proposals.
Renne Public Policy Group - State lobbyist and government relations services
The Renne Public Policy Group, or RPPG, has provided state lobbyist and government relations
services to the city since 2021. The City Manager executed a contract in the amount of $72,000
in January 2023 for these services in 2023. 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 2023 End of Year Report
Dec. 12, 2023 Item #11 Page 3 of 79
(Exhibit 3) provides an overview of the services provided to the City of Carlsbad during the 2023
legislative year and insights into the 2024 legislative session.
The city’s contract with RPPG began in January 2021 and allowed for two one-year extensions,
which were exercised in 2022 and, as noted above, in 2023. The city is in the process of
soliciting and evaluating proposals for 2024 state lobbyist and government relations services.
Carpi & Clay - Federal lobbyist and government relations services
The city’s federal lobbyist, Carpi & Clay, tracks 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. It operates
under a $60,000 contract executed by the City Manager in December 2022, to provide federal
lobbyist and government relations services during 2023. Carpi & Clay has kept the city informed
and advocated on the city’s behalf, as directed, on legislation and federal budget
appropriations that affect city operations. Carpi & Clay’s 2023 End of Year Report (Exhibit 4)
provides an overview of the services provided to the city during 2023, along with an update on
current federal monitoring and advocacy efforts (Exhibit 4).
The city is in the process of extending Carpi & Clay’s contract to continue providing services to
the city in 2024.
Fiscal Analysis
This item has no fiscal impact.
Options
Staff and the City Council Legislative Subcommittee recommend that 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 refer the matter back to the
subcommittee.
Next Steps
The adopted City of Carlsbad 2024 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. Acting 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 priorities.
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.
Dec. 12, 2023 Item #11 Page 4 of 79
Exhibits
1.City Council resolution
2.Proposed amendments to City of Carlsbad 2022 Legislative Platform, with revisions
highlighted
3.Renne Public Policy Group - 2023 End of Year Report
4.Carpi & Clay - 2023 Year in Review and Monthly Federal Update
Dec. 12, 2023 Item #11 Page 5 of 79
RESOLUTION NO. 2023-292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CITY OF CARLSBAD 2024 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 2024 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 2024 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 12th day of December, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
�\(h �,esnMRR'fEISINGER, City Clerk (SEAL)
Exhibit 1
Dec. 12, 2023 Item #11 Page 6 of 79
Attachment A
CITY OF CARLSBAD
2024 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
• 2024 Legislative Priorities
• 2024 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
Dec. 12, 2023 Item #11 Page 7 of 79
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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.
2024 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
2024 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.
Dec. 12, 2023 Item #11 Page 8 of 79
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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.
Dec. 12, 2023 Item #11 Page 9 of 79
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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.
(d) Support legislation that identifies the use of restrictive covenants as an
acceptable instrument for documenting open space dedications,
including for mitigation purposes.
(e) Support funding and legislation that supports climate change adaptation
efforts.
Dec. 12, 2023 Item #11 Page 10 of 79
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Climate Change
(a) Support funding and legislation that promotes market penetration and
infrastructure expansion for zero emission electric and alternative fuel
vehicles and small off-road engines, such as those found in landscaping
equipment and generators.
(b) Support funding and legislation that facilitates energy efficiency and
decarbonization practices and actions to mitigate the sources of
greenhouse gas emissions in buildings.
(c) Support funding and legislation that promotes greenhouse gas emissions
reductions and/or the capture, removal, and secure storage of carbon
dioxide from the atmosphere.
(d) Support legislation that reduces the amount of ozone depleting
compounds discharged into the atmosphere.
(e) 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, eliminates procedural redundancies, 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.
Dec. 12, 2023 Item #11 Page 11 of 79
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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.
(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,
Dec. 12, 2023 Item #11 Page 12 of 79
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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.
(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 climate change adaptation efforts, local
Dec. 12, 2023 Item #11 Page 13 of 79
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and regional sand replenishment efforts, as well as coastal access, public
infrastructure and parking.
(c) Support measures that would preserve and extend the authority of cities
over land use regulations concerning the placement of onshore facilities
which service offshore oil drilling.
(d) Support legislation that requires the double hulling of oil tankers.
(e) Support legislation that promotes aquatic research, education and
aquaculture.
(f) Oppose any new offshore oil and gas leasing, drilling and exploration in
all State of California and U.S. waters in the Pacific Ocean.
(g) Support decommissioning of existing offshore oil drilling and pipeline
infrastructure in all State of California and U.S. waters off the California
coast.
(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).
Dec. 12, 2023 Item #11 Page 14 of 79
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3. Water
General Principles
(a) Support measures that provide for the equitable allotment and
distribution of preferential water rights.
(b) Support legislation that protects and improves the reliability,
affordability, self-sufficiency, quality and security of local and imported
water supplies.
(c) Support legislation that ensures the San Diego County Water Authority
and its member agencies receive the water supply benefits of their
investment in local water supply sources.
(d) Support legislation that provides for the development of a
comprehensive state water plan that balances California’ s water needs
and results in a reliable and affordable supply of high-quality water for
the San Diego Region.
(e) Support legislation that supports regional projects through Integrated
Regional Water Management Planning.
(f) Support legislation that streamlines environmental review processes for
water and wastewater infrastructure projects and provides exemptions
for emergency activities when the continued delivery of safe and clean
water is threatened.
(g) Support legislation that establishes a more equitable voting structure at
the San Diego County Water Authority, such as by providing that Board
decisions be approved by both a tally vote majority and a weighted vote
majority of the member agencies.
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.
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(d) Support legislation that provides incentives, funding and other assistance
to water agencies so that they can meet state water demand
requirements.
(e) Oppose legislation that imposes water use efficiency criteria for
conservation-based water rates, standards, budget allocations, and
programs that do not recognize local differences, quality impacts, and
existing programs, or that override the authority of local agencies to
adopt management practices that are appropriate for the needs of their
agency.
(f) Support legislation that provides flexibility in complying with drought
regulations and recognizes variations among communities with respect to
their ability to withstand the impacts of drought.
Water Recycling
(a) Support measures that promote the production and distribution of
reclaimed water.
Water Quality
(a) Support legislation that protects the quality of drinking water and
supports local agency efforts to meet state and federal water quality
standards based upon sound scientific principles.
(b) Support legislation that incorporates sound scientific based water quality
requirements for wastewater discharge into surface water and
groundwater to safeguard public health and protect beneficial uses.
(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, treatment, and infrastructure investments needed to address
new and emerging and other regulated 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.
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(b) Support measures that increase water supply and storage facilities within
the region and allow for economically feasible water transfers within the
system.
New Technology
(a) Support legislation and regulations that encourage the use and
development of alternative water sources.
(b) Support funding and legislation that promotes the development of
engineering solutions and alternative uses to eliminate wastewater
treatment ocean discharges.
(c) Support legislation that encourages and provides state and federal
funding for the development of new technology in water use, reuse,
quality monitoring, and treatment.
Financial Considerations
(a) Support legislation to develop an ongoing funding source to implement
the federally mandated Clean Water Act of 1987 and to ensure
protection of local resources.
(b) Support legislation that would exempt stormwater and urban runoff
management programs from Proposition 218 requirements.
(c) Support legislation that allows Water Districts to award contracts in
conformity with the provisions of the local City Charter.
(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.
Dec. 12, 2023 Item #11 Page 17 of 79
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(c) Support any measure that would reverse the imposition of compulsory
and binding arbitration with respect to public employees.
(d) Oppose any measure that would grant employee benefits that should be
decided at the local bargaining table.
(e) Oppose any legislation that would reduce local authority to resolve public
employee disputes, and support legislation that would preserve court
jurisdiction, and/or impose regulations of an outside agency (such as
PERB).
(f) Oppose measures that propose a standard higher than the normal civil
standards in disciplinary proceedings for peace officers.
(g) Support legislation that clarifies existing labor laws concerning whether
an individual is considered an employee rather than an independent
contractor.
(h) Support measures that promote recruitment efforts and educational
practices to advance and retain workplace diversity, equity and inclusion.
(i) Oppose measures that would expand release time for union business.
(j) Oppose measures that would establish confidentiality privileges for union
representatives.
(k) Oppose measures that would require municipalities to pay erroneous
retirement benefits.
(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.
Dec. 12, 2023 Item #11 Page 18 of 79
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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) Oppose legislation that broadens the scope of the Public Records Act
without providing adequate funding for compliance.
(d) Support legislation that improves access to, and reduces the cost of,
healthcare for public employees, including part-time and seasonal
workers.
(e) 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.
(f) Support legislation that recognizes or broadens immunities for public
agencies and oppose legislation that attempts to limit or restrict existing
immunities.
(g) Support legislation that requires plaintiffs to make a good faith showing
of liability prior to filing a lawsuit against a public entity.
(h) Support legislation that would increase civic participation and
engagement, including the continued allowance of subcommittees,
advisory committees, and boards and commissions, local and regional, to
participate virtually without physical location posting requirements
under the Ralph M. Brown Act.
(i) Support amendments to the Ralph M. Brown Act that allow for the use of
alternative and cost-effective methods of meeting posting requirements,
including the use of electronic and digital media.
(j) 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.
(k) Support state funding efforts to assist with enhanced public access for
members of the community.
Dec. 12, 2023 Item #11 Page 19 of 79
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(l) Oppose legislation that increases the cost of municipal meetings and
hearings through unnecessary new requirements.
(m) Support legislation that would allow cities to conduct closed sessions on
matters posing a threat to cybersecurity.
(n) Support funding and legislation to assist local agency cybersecurity
enhancement efforts.
(o) Support legislation that strengthens cities’ ability to foster civil and
respectful participation in public meetings and provides tools to help
legislative bodies address disruptive behavior, including hate speech,
while ensuring the public’s First Amendment rights are protected.
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 tax increment financing 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.
Dec. 12, 2023 Item #11 Page 20 of 79
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(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.
(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.
Dec. 12, 2023 Item #11 Page 21 of 79
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(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 recognizes the impediments to infill housing
development due to inadequate and/or deteriorated infrastructure, and
provides funding and/or cost recovery mechanisms for local agencies to
complete the necessary upgrades.
(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.
Dec. 12, 2023 Item #11 Page 22 of 79
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(p) Support legislation that modifies existing housing laws to remove
inconsistencies, clarify the decision-making authorities granted to various
state agencies (i.e., California Coastal Commission and California
Department of Housing and Community Development), 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.
(t) Support legislation clarifying that replacement housing required of a
density bonus project that demolishes existing low or moderate units on
the parcel is in addition to the affordable units required under density
bonus law.
(u) Support legislation that ensures that units created under density bonus
law are not used for vacation rentals.
(v) Support legislation clarifying a city’s ability to enforce a local inclusionary
ordinance on the total units, inclusive of units obtained through a density
bonus.
(w) Support legislation that maintains local decision-making regarding the
development of Accessory Dwelling Units.
(x) Support legislation that allows for local decision-making regarding
parking requirements.
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.
Dec. 12, 2023 Item #11 Page 23 of 79
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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.
(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) 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.
(d) Support legislation that would enhance statewide wildland fire safety
infrastructure.
Dec. 12, 2023 Item #11 Page 24 of 79
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(e) Support legislation and funding for firefighter wellness programs.
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.
(e) Support legislation that strengthens penalties for violent crimes
committed by juveniles.
Dec. 12, 2023 Item #11 Page 25 of 79
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(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 (e.g. as part of a street takeover, sideshow, or
racing exhibition).
(j) Support legislation and funding for police officer wellness programs.
(k) Support legislation that provides for the proper and timely intake,
without unnecessary delay, of arrestees.
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, secondhand 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.
Dec. 12, 2023 Item #11 Page 26 of 79
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(g) Support legislation that prevents or reduces the adverse effects of drug
addiction.
Homelessness
(a) Support funding and legislation that provides resources, including enriched
referral services, and outreach and case managers to help ensure local
governments have the capacity to address the needs of persons experiencing
homelessness in their communities, including resources for regional
collaborations.
(b) Support measures that provide resources to address the mental health needs
of persons experiencing homelessness.
(c) Preserve local control by increasing funding opportunities for housing
programs/projects that suggest, rather than require, compliance with the
Housing First model.
(d) Support legislation that creates streamlined protocols and metrics to be used
by homeless service providers and local agencies, providing more accurate
statistics of individuals experiencing homelessness, including in-flow and out-
flow information, cost-reporting of services rendered, and
individuals successfully housed.
(e) Support measures that facilitate regional and city-driven solutions to
address homelessness through crisis response, mental evaluation,
and homeless outreach teams.
(f) Support the expansion of conservatorship laws allowing for increased
guardianship control and health supervision of those suffering from mental
illness and recognizing mental illness and addiction as contributors to chronic
homelessness.
(g) Support continued funding for housing, outpatient beds and treatment to
further behavioral and mental health services programs, including
Community Assistance, Recovery and Empowerment (CARE) Court.
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.
Dec. 12, 2023 Item #11 Page 27 of 79
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(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.
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.
Dec. 12, 2023 Item #11 Page 28 of 79
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(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.
(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.
Dec. 12, 2023 Item #11 Page 29 of 79
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(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.
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.
(d) Support legislation that establishes requirements for E-bike rider safety
training and licensing.
Dec. 12, 2023 Item #11 Page 30 of 79
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(e) 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.
(f) 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.
(f) Oppose legislation that diminishes local control over the regulation and
deployment of micro-mobility solutions.
(g) Oppose measures that would result in the consolidation of the North
County Transit District and Metropolitan Transit System.
(h) Support measures that protect residents, businesses and visitors from the
adverse impacts of aircraft operating at McClellan-Palomar Airport.
(i) Oppose changes in aviation policies that would allow McClellan-Palomar
Airport to expand without authorization from the city.
(j) Support legislative and regulatory initiatives to study and mitigate the
noise and air quality impacts associated with air traffic overflights.
(k) Support legislative and regulatory initiatives that promote market
penetration and infrastructure expansion to expedite the transition to
lead-free aviation fuels and eliminate the use of leaded aviation gasoline.
(l) 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.
Dec. 12, 2023 Item #11 Page 31 of 79
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(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.
(d) Support legislation that clarifies when the award of a contract would
constitute a conflict of interest relative to Government Code Section
1090.
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.
Dec. 12, 2023 Item #11 Page 32 of 79
Exhibit 2
CITY OF CARLSBAD
20243 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
• 20243 Legislative Priorities
• 20243 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
Dec. 12, 2023 Item #11 Page 33 of 79
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.
20243 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
20243 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.
Dec. 12, 2023 Item #11 Page 34 of 79
3
(b) Support funding for the construction, renovation and maintenance of
child care facilities.
(c) Support the provision of reasonable tax incentives for employers who
offer child care services.
(d) Support legislation that restores local control over child care services in
areas such as licensure, staffing, education and training.
Park Bond Funds
(a) Support statewide park bond measures that include a component that
provides per capita grants to cities and counties.
(b) Oppose statewide park bond measures that tie local eligibility for grant
funds to non-park related issues, such as rent control or housing element
status.
Public Parks/Recreational Facilities
(a) Support 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.
Dec. 12, 2023 Item #11 Page 35 of 79
4
Healthy Cities
(a) Support legislation that recognizes and prevents adverse impacts
affecting public health and the welfare of all residents, visitors and
workers, and especially the young.
(b) Support initiatives that encourage cities to help parents make healthy
family choices; create healthy schools; provide access to healthy and
affordable foods; and adopt city design and planning principles that
promote physical activity.
(c) Support initiatives that encourage cities to involve youth, especially
middle and high school students, with city health-related programs,
including those promoting mental and psychological well-being.
(d) Support initiatives that encourage cities to address the needs of an aging
population through local and statewide planning, education and
programming.
(e) Support legislation that preserves the authority of local agencies to
establish their own rules and regulations pertaining to community
recreational activities.
(f) Support funding for local communities attempting to address the needs
of migrant workers.
2. Environmental Quality
(a) Support legislation that complements the city’s Environmental and
Sustainability Guiding Principles.
(b) Support funding and legislation to improve and protect recreational
water quality from contamination, support effective habitat management
practices, and create and maintain public open space.
(c) Support funding and legislation that facilitates and protects local control
of habitat management planning, maintenance and administration.
(d) Support legislation that identifies the use of restrictive covenants as an
acceptable instrument for documenting open space dedications,
including for mitigation purposes.
(c)(e) Support funding and legislation that supports climate change adaptation
efforts.
Dec. 12, 2023 Item #11 Page 36 of 79
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Climate Change
(a) Support funding and legislation that promotes market penetration and
infrastructure expansion for zero emission electric and alternative fuel
vehicles and small off-road engines, such as those found in landscaping
equipment and generators.
(b) Support funding and legislation that facilitates energy efficiency and
decarbonization practices and actions to mitigate the sources of
greenhouse gas emissions in buildings.
(c) Support funding and legislation that promotes greenhouse gas emissions
reductions and/or the capture, removal, and secure storage of carbon
dioxide from the atmosphere.
(c)(d) Support legislation that reduces the amount of ozone depleting
compounds discharged into the atmosphere.
(d)(e) 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, eliminates procedural redundancies, 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.
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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.
(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,
Dec. 12, 2023 Item #11 Page 38 of 79
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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.
(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 climate change adaptation efforts, local
Dec. 12, 2023 Item #11 Page 39 of 79
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and regional sand replenishment efforts, as well as coastal access, public
infrastructure and parking.
(c) Support measures that would preserve and extend the authority of cities
over land use regulations concerning the placement of onshore facilities
which service offshore oil drilling.
(d) Support legislation that requires the double hulling of oil tankers.
(e) Support legislation that promotes aquatic research, education and
aquaculture.
(f) Oppose any new offshore oil and gas leasing, drilling and exploration in
all State of California and U.S. waters in the Pacific Ocean.
(g) Support decommissioning of existing offshore oil drilling and pipeline
infrastructure in all State of California and U.S. waters off the California
coast.
(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).
Dec. 12, 2023 Item #11 Page 40 of 79
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3. Water
General Principles
(a) Support measures that provide for the equitable allotment and
distribution of preferential water rights.
(b) Support legislation that protects and improves the reliability,
affordability, self-sufficiency, quality and security of local and imported
water supplies.
(c) Support legislation that ensures the San Diego County Water Authority
and its member agencies receive the water supply benefits of their
investment in local water supply sources.
(d) Support legislation that provides for the development of a
comprehensive state water plan that balances California’ s water needs
and results in a reliable and affordable supply of high-quality water for
the San Diego Region.
(e) Support legislation that supports regional projects through Integrated
Regional Water Management Planning.
(f) Support legislation that streamlines environmental review processes for
water and wastewater infrastructure projects and provides exemptions
for emergency activities when the continued delivery of safe and clean
water is threatened.
(f)(g) Support legislation that establishes a more equitable voting structure at
the San Diego County Water Authority, such as by providing that Board
decisions be approved by both a tally vote majority and a weighted vote
majority of the member agencies.
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.
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(d) Support legislation that provides incentives, funding and other assistance
to water agencies so that they can meet state water demand
requirements.
(e) Oppose legislation that imposes water use efficiency criteria for
conservation-based water rates, standards, budget allocations, and
programs that do not recognize local differences, quality impacts, and
existing programs, or that override the authority of local agencies to
adopt management practices that are appropriate for the needs of their
agency.
(f) Support legislation that provides flexibility in complying with drought
regulations and recognizes variations among communities with respect to
their ability to withstand the impacts of drought.
Water Recycling
(a) Support measures that promote the production and distribution of
reclaimed water.
Water Quality
(a) Support legislation that protects the quality of drinking water and
supports local agency efforts to meet state and federal water quality
standards based upon sound scientific principles.
(b) Support legislation that incorporates sound scientific based water quality
requirements for wastewater discharge into surface water and
groundwater to safeguard public health and protect beneficial uses.
(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, and infrastructure investments needed to
address of new and emerging and other regulated 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.
Dec. 12, 2023 Item #11 Page 42 of 79
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(b) Support measures that increase water supply and storage facilities within
the region and allow for economically feasible water transfers within the
system.
New Technology
(a) Support legislation and regulations that encourage the use and
development of alternative water sources.
(b) Support funding and legislation that promotes the development of
engineering solutions and alternative uses to eliminate wastewater
treatment ocean discharges.
(c) Support legislation that encourages and provides state and federal
funding for the development of new technology in water use, reuse,
quality monitoring, and treatment.
Financial Considerations
(a) Support legislation to develop an ongoing funding source to implement
the federally mandated Clean Water Act of 1987 and to ensure
protection of local resources.
(b) Support legislation that would exempt stormwater and urban runoff
management programs from Proposition 218 requirements.
(c) Support legislation that allows Water Districts to award contracts in
conformity with the provisions of the local City Charter.
(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.
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(c) Support any measure that would reverse the imposition of compulsory
and binding arbitration with respect to public employees.
(d) Oppose any measure that would grant employee benefits that should be
decided at the local bargaining table.
(e) Oppose any legislation that would reduce local authority to resolve public
employee disputes, and support legislation that would preserve court
jurisdiction, and/or impose regulations of an outside agency (such as
PERB).
(f) Oppose measures that propose a standard higher than the normal civil
standards in disciplinary proceedings for peace officers.
(g) Support legislation that clarifies existing labor laws concerning whether
an individual is considered an employee rather than an independent
contractor.
(h) Support measures that promote recruitment efforts and educational
practices to advance and retain workplace diversity, equity and inclusion.
(i) Oppose measures that would expand release time for union business.
(j) Oppose measures that would establish confidentiality privileges for union
representatives.
(k) Oppose measures that would require municipalities to pay erroneous
retirement benefits.
(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.
Dec. 12, 2023 Item #11 Page 44 of 79
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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.
(b)(c) Oppose legislation that broadens the scope of the Public Records Act
without providing adequate funding for compliance.
(c)(d) Support legislation that improves access to, and reduces the cost of,
healthcare for public employees, including part-time and seasonal
workers.
(d)(e) 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)(f) Support legislation that recognizes or broadens immunities for public
agencies and oppose legislation that attempts to limit or restrict existing
immunities.
(f)(g) Support legislation that requires plaintiffs to make a good faith showing
of liability prior to filing a lawsuit against a public entity.
(h) Support legislation that would increase civic participation and
engagement, including the continued allowance of subcommittees,
advisory committees, and boards and commissions, local and regional, to
participate virtually (post COVID-19 state of emergency) without physical
location posting requirements under the Ralph M. Brown Act.
(g)(i) Support amendments to the Ralph M. Brown Act that allow for the use of
alternative and cost-effective methods of meeting posting requirements,
including the use of electronic and digital media.
(h)(j) 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)(k) Support state funding efforts to assist with enhanced public access for
members of the community.
Dec. 12, 2023 Item #11 Page 45 of 79
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Oppose legislation that increases the cost of municipal meetings and hearings
through unnecessary new requirements.
(l)
(j) Support legislation that would allow cities to conduct closed sessions on
matters posing a threat to cybersecurity.
(m) Support funding and legislation to assist local agency cybersecurity
enhancement efforts.
(n) Support legislation that strengthens cities’ ability to foster civil and
respectful participation in public meetings and provides tools to help
legislative bodies address disruptive behavior, including hate speech,
while ensuring the public’s First Amendment rights are protected.
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 tax increment financing areas.
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.
Dec. 12, 2023 Item #11 Page 47 of 79
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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 recognizes the impediments to infill housing
development due to inadequate and/or deteriorated infrastructure, and
provides funding and/or cost recovery mechanisms for local agencies to
complete the necessary upgrades.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.
Dec. 12, 2023 Item #11 Page 48 of 79
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(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, clarify the decision-making authorities granted to various
state agencies (i.e., California Coastal Commission and California
Department of Housing and Community Development), 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.
(t) Support legislation clarifying that replacement housing required of a
density bonus project that demolishes existing low or moderate units on
the parcel is in addition to the affordable units required under density
bonus law.
(u) Support legislation that ensures that units created under density bonus
law are not used for vacation rentals.
(v) Support legislation clarifying a city’s ability to enforce a local inclusionary
ordinance on the total units, inclusive of units obtained through a density
bonus.
(w) Support legislation that maintains local decision-making regarding the
development of Accessory Dwelling Units.
(x) Support legislation that allows for local decision-making regarding
parking requirements.
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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.
(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.
Dec. 12, 2023 Item #11 Page 50 of 79
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(c) Support legislation that preserves local agencies’ ministerial development
review and approval rights, including applicability to accessory dwelling
units.
(d)(c) 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.
(d) Support legislation that would enhance statewide wildland fire safety
infrastructure.
(e) Support legislation and funding for firefighter wellness programs.
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.
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(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 violent crimes
committed by 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 (e.g. as part of a street takeover, sideshow, or
racing exhibition).
(j) Support legislation and funding for police officer wellness programs.
(k) Support legislation that provides for the proper and timely intake,
without unnecessary delay, of arrestees.
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.
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(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 handsecondhand 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.
(f)(g) Support legislation that prevents or reduces the adverse effects of drug
addiction.
Homelessness
(a) Support funding and legislation that provides resources, including enriched
referral services, and outreach and case managers to help ensure local
governments have the capacity to address the needs of persons experiencing
homelessness in their communities, including resources for regional
collaborations.
(b) Support measures that provide resources to address the mental health needs
of persons experiencing homelessness.
(c) Preserve local control by increasing funding opportunities for housing
programs/projects that suggest, rather than require, compliance with the
Housing First model.
(d) Support legislation that creates streamlined protocols and metrics to be used
by homeless service providers and local agencies, providing more accurate
statistics of individuals experiencing homelessness, including in-flow and out-
flow information, cost-reporting of services rendered, and
individuals successfully housed.
(e) Support measures that facilitate regional and city-driven solutions to
address homelessness through crisis response, mental evaluation,
and homeless outreach teams.
(f) Support the expansion of conservatorship laws allowing for increased
guardianship control and health supervision of those suffering from mental
illness and recognizing mental illness and addiction as contributors to chronic
homelessness.
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(f)(g) Support continued funding for housing, outpatient beds and treatment to
further behavioral and mental health services programs, including
Community Assistance, Recovery and Empowerment (CARE) Court.
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.
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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.
Dec. 12, 2023 Item #11 Page 55 of 79
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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.
Dec. 12, 2023 Item #11 Page 56 of 79
25
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)(d) Support legislation that establishes requirements for E-bike rider safety
training and licensing.
(ec) 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.
(fd) 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.
(f) Oppose legislation that diminishes local control over the regulation and
deployment of micro-mobility solutions.
(g) Oppose measures that would result in the consolidation of the North
County Transit District and Metropolitan Transit System.
Dec. 12, 2023 Item #11 Page 57 of 79
26
(h) Support measures that protect residents, businesses and visitors from the
adverse impacts of aircraft operating at McClellan-Palomar Airport.
(i) Oppose changes in aviation policies that would allow McClellan-Palomar
Airport to expand without authorization from the city.
(j) Support legislative and regulatory initiatives to study and mitigate the
noise and air quality impacts associated with air traffic overflights.
(k) Support legislative and regulatory initiatives that promote market
penetration and infrastructure expansion to expedite the transition to
lead-free aviation fuels and eliminate the use of leaded aviation gasoline.
(k)(l) 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.
(c)(d) Support legislation that clarifies when the award of a contract would
constitute a conflict of interest relative to Government Code Section
1090.
Telecommunications
(a) Support legislation and regulations of telecommunications facilities and
services that:
1. Maintain local control over the public right-of-way.
Dec. 12, 2023 Item #11 Page 58 of 79
27
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.
Dec. 12, 2023 Item #11 Page 59 of 79
1 City of Carlsbad 2023 End of Year Report
2023 END OF YEAR REPORT
City of Carlsbad
Prepared By:
Sharon Gonsalves
Director of Government Affairs
Phone: (916) 849-5536
sgonsalves@publicpolicygroup.com
Exhibit 3
Dec. 12, 2023 Item #11 Page 60 of 79
{city of
Carlsbad
Cal forn a
2 City of Carlsbad 2023 End of Year Report
TABLE OF CONTENTS
TRANSMITTAL LETTER ...................................................................................... 3
2023: YEAR IN REVIEW ....................................................................................... 5
RPPG/CITY OF CARLSBAD HIGHLIGHTS 2023 ................................................ 7
KEY PERFORMANCE INDICATORS ................................................................... 8
CLIENT COMMUNICATION ............................................................................... 12
OTHER RPPG EFFORTS .................................................................................. 13
LOOKING AHEAD: 2024 LEGISLATIVE SESSION .......................................... 14
CHANGE IN COMMITTEE CHAIRS................................................................... 14
LOOMING BUDGET DEFICIT ............................................................................ 14
A SLOWDOWN IN HOUSING LEGISLATION…NOT SO FAST ....................... 15
GOVERNMENT TRANSPARENCY ACT ........................................................... 15
CLIMATE BOND ................................................................................................ 16
WILDFIRE INSURANCE .................................................................................... 16
Dec. 12, 2023 Item #11 Page 61 of 79
3 City of Carlsbad 2023 End of Year Report
TRANSMITTAL LETTER
November 15, 2023
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 City of 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 2023 legislative year, as well as insights and potential next steps in preparation for the 2024 legislative year. Additionally, this report provides a recap on efforts currently underway for the
2024 legislative session. Over the past year, RPPG has worked with your staff to take an aggressive approach to raise the City’s
profile and to build relationships with the Administration, state agencies, and Members of the Legislature. 2023 proved to be a productive year in continuing the City’s presence and educating decision makers about the City’s top priorities.
RPPG continued to work with your staff to provide clarity on issues through the following mechanisms: drafting memos, providing information on administrative actions, and providing detailed policy and political analysis on dozens of items of interest to the City. RPPG engaged on state legislative measures in the areas of housing, land use, mental health, climate, homelessness, elections, political reform, as well as on governmental operations and employment issues with specific applicability to the City. This resulted in over 350 individual “touchpoints”, either with the City or on behalf of the City. Deliverables included drafting memos, providing legislative analysis, advising City staff, meeting with state lawmakers or their staff, drafting state and federal position letters, etc.
In 2023, RPPG monitored and/or engaged on over 1,500 pieces of state legislation. In total, the City of Carlsbad officially positioned on 23 pieces of state legislation in 2023. Furthermore, we were proud to work in partnership with the City to successfully sponsor and get signed into law SB 428 authored by Senator
Blakespear, which allows an employer to obtain a temporary restraining order on behalf of an employee. We are grateful that the City will continue its relationship with RPPG moving into the 2024 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 on the success we have achieved.
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4 City of Carlsbad 2023 End of Year Report
Sincerely,
Sharon Gonsalves Director of Government Affairs Renne Public Policy Group
CC: Jason Haber, Intergovernmental Affairs Director, City of Carlsbad Allegra Frost, Assistant City Attorney, City of Carlsbad
Dec. 12, 2023 Item #11 Page 63 of 79
5 City of Carlsbad 2023 End of Year Report
2023: YEAR IN REVIEW
The 2023-2024 session of the California State Legislature began with both houses convening in early December 2022 for an organizational session. During this time, Members in each house took their oaths of office and passed their respective chamber rules. The first formal action taken by the Assembly was to
adopt a leadership transition plan (House Resolution H.R. 1) which solidified the transition of Assembly Speakership from Anthony Rendon (D, Lakewood) to Robert Rivas (D, Hollister) effective July 1, 2023.
In the Senate, Toni Atkins (D, San Diego) was re-elected President pro Tempore and Mike McGuire (D, Healdsburg) was re-elected as Majority Leader. However, there was a changing of the guard on the Senate Republican side with Brian Jones (R, Santee) replacing Scott Wilk (R, Santa Clarita) as Minority Leader.
Additionally in December, Governor Gavin Newsom declared a special legislative session to introduce a gasoline price gouging measure in response to rapidly rising prices at the pump throughout the state during
2022. The measure, SBX1-2, was carried by Senator Nancy Skinner (D, Berkeley) and authorizes the State Energy Resources Conservation and Development Commission to set a maximum gross gasoline refining margin and to establish a penalty if this margin is exceeded. The measure was signed into law by the Governor on March 28 and went into effect on June 26. While this measure did not have a direct impact on local government authority or operations, RPPG closely monitored this action to ensure that there was momentum to modify SB 1 allocations. The Legislature reconvened for the regular 23-24 legislative session the first week of January 2023. With
35 newly elected Members coming to Sacramento (25 Assemblymembers and 10 Senators), California saw the largest number of new state-elected representatives join the Legislature since modified constitutional term limits for state lawmakers were approved by the voters in 2012. While historically new legislators tend to ease into their newly minted roles—introducing only a handful of new legislation in year one—this new class took a different approach. As a result, we saw more than 3,000
individual legislative and budgetary measures introduced in 2023 alone. This was the most in the first year of session in more than a decade. Major themes and priorities of the 2023 session included:
• Major overhaul of the state’s behavioral health system and its funding.
• Policies that further streamlined housing production and fast-tracked critical infrastructure projects.
• Significant labor dispensations and extensions.
• Attempts to address the ongoing fentanyl crisis.
• Preparation and mitigation for climate change.
• Advancement of several constitutional amendments and statewide funding measures for voter consideration in 2024. In early January, Governor Newsom unveiled his proposed budget for fiscal year (FY) 2023-2024. Contrary to the historic budget surpluses in the previous fiscal years, the Governor confirmed that the state was projecting a $22 billion deficit moving into the new year. Factors the Administration cited included a drop in anticipated personal income tax revenues, a generally slowing economy, high inflation, and Federal Reserve interest rate increases. Despite these negative drags on the economy, the Administration did not project a recession in the budget. In response, the Administration proposed a combination of triggered
spending cuts, funding delays, shifts in funding sources, and the issuance of bonds to close the gap and pass a balanced budget.
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6 City of Carlsbad 2023 End of Year Report
Given the sheer volume of legislation introduced, the spring of 2023 was a remarkably hectic time for the Legislature and advocates alike. All told there were more than 150 legislative, fiscal, and budgetary hearings dispensing with measures that directly impacted local government. The timing of these policy hearings coincided directly with Governor Newsom’s “May Revise” in which the Administration proposed an increase of $9 billion in total spending along with an increase in the state’s projected deficit—now surpassing $30 billion.
All told the final FY 23-24 budget consisted of $310 billion in total spending. The final budget advanced by the Legislature contained appropriate cuts to close the $31.5 billion deficit and was signed by the Governor
on June 27 to adhere to constitutional deadlines. The Administration’s and Legislature’s priorities in the FY 23-24 budget were consistent with previous years which dedicated funding to homelessness, climate change, healthcare, education, and housing.
Governor Newsom, along with Assemblymember Jacqui Irwin (D, Thousand Oaks) and Senator Susan Eggman (D, Stockton), announced in mid-June a behavioral health policy package. The two measures that
comprise this behavioral health package, AB 531 (Irwin) and SB 326 (Eggman), were signed into law on October 12 and will be put to voters on the March 2024 ballot as Proposition 1. AB 531 will provide $6.38 billion in new funding for behavioral health infrastructure efforts. In response to a strong lobbying effort from local government advocates, the measure was amended in the eleventh hour to increase the total funding amount and to provide direct allocation to cities. SB 326 will rename and modernize the Mental Health Services Act passed by the voters as Proposition 63 in November 2004. AB 531 and SB 326 received bipartisan support on both the Assembly and Senate Floors.
Robert Rivas was sworn in as the 71st Speaker of the State Assembly on June 30. He made several changes to Assembly leadership on July 3, including appointing Isaac Bryan (D, Los Angeles) as the new Majority Leader and Cecilia Aguiar-Curry (D, Winters) as the new Speaker pro Tempore. Additionally, Juan Carrillo (D, Palmdale) was appointed the new chair of the Local Government Committee. Speaker Rivas was elected to the Legislature in 2018 and with 12-year term limits could potentially hold his leadership position until he terms out in 2030.
Senator Atkins announced in late August that the Senate Democratic Caucus had determined that Senator McGuire will be the Pro Tem “Designee,” with a specific transition date to be announced in January 2024. Senator Atkins has served in the Legislature since 2012. As an Assemblymember she rose to power—becoming Speaker of the Assembly from 2014-2016 before running for State Senate. Senator Atkins then became the Pro Tem of the Senate in 2018. She terms out of the Legislature in 2024. Senator McGuire
was elected to the Senate in 2014 and has served as Majority Leader since 2022. He terms out of the Legislature in 2026 and has filed paperwork to run for Insurance Commissioner. By the evening of September 14, the legislature had advanced a total of 1,046 bills to the Governor for his consideration. By October 14, the Governor had signed 890 measures into law and vetoed 156—an
approximate rate of 85% to 15%. The Legislature is now adjourned and will resume the second year of the two-year legislative session on January 3, 2024.
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7 City of Carlsbad 2023 End of Year Report
RPPG/CITY OF CARLSBAD HIGHLIGHTS 2023
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.
IN STATE FUNDING SECURED Combined funds that RPPG secured for the City from direct
state funding in the fiscal year 2023-2024 budget for the State Street Parking Lot EV Charging Stations Project.
SUCCESS RATE ON LEGISLATIVE ENGAGEMENT — MAKING THE CITY’S VOICE HEARD RPPG achieved the desired outcome or secured critical amendments to dramatically reduce adverse impacts on the
City. (13 desired outcomes OR significantly improved based on RPPG’s engagement. This does not include 2 support bills that were vetoed or 4 support bills that were held in
committee and will continue to move next year.)
PIECES OF LEGISLATION TRACKED ON BEHALF OF THE CITY
Legislation tracked and assessed for impacts on City operations, legal and/or local decision making.
1,500+
13/19
350K
350+
SB 428 (SPONSORED LEGISLATION) SIGNED BY GOVERNOR NEWSOM RPPG worked with the City, bill author Senator Blakespear, and the Administration to introduce SB 428 and advance it to the Governor’s desk, where it was signed into law on
September 30, 2023.
SB 428
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8 City of Carlsbad 2023 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 that state legislation may have on the City of Carlsbad. Successful legislative advocacy is predicated on raising awareness and education. Being able to empower
City Council, staff, and the City’s advocacy team are 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/or 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, and 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 those outside of your 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 during the legislative process. While there is no guarantee that a sustained effort will lead to success on any 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. Below is a condensed narrative outlining many of the
highlights and key performance indicators of success during the 2023 legislative session. Highlights: Legislative Advocacy Success
SB 428 (Blakespear) Temporary restraining orders and protective orders: employee harassment (City Position, Sponsor) This year, the City sponsored SB 428 authored by Senator Catherine Blakespear which expands the circumstances under which an employer can seek a restraining order on behalf of their employees. Under existing law an employer cannot engage on behalf of an employee until there is a credible threat of violence. As an employer for whom the safety of its employees is of the utmost importance, we would like the opportunity to be proactive and take action prior to a situation escalating to a level of possible violence. This year, RPPG worked hand in hand with City staff, drafting legislative language, meeting with legislative policy committee staff, various outside stakeholders, and administrative officials to successfully negotiate a bill that allows the City and any employer to file a temporary restraining order on behalf of an employee. On September 30, Governor Newsom signed SB 428 into law.
AB 33 (Bains) Fentanyl Misuse and Overdose Prevention Task Force (City Position, Support) Assemblywoman Dr. Jasmeet Bains introduced AB 33 as a promise she made when running for office to combat the opioid crisis that is occurring not only in the state, but nationwide. AB 33 will create a statewide
Fentanyl Addiction and Overdose Prevention Task Force. Initially the bill faced a hurdle as the Assembly Public Safety decided against hearing any fentanyl related legislation this year. RPPG was part of the large group made up of local agencies, public safety and concerned parents who pushed the committee to
reconsider their stance and ultimately the bill secured a hearing and passed with bipartisan support. Additionally, RPPG worked to support the Assemblywoman’s efforts to obtain funding for the task force in the State Budget.
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9 City of Carlsbad 2023 End of Year Report
On October 13, Governor Newsom signed AB 33 into law.
AB 40 (Rodriguez) Emergency medical services (City Position, Support) Sponsored by the California Professional Firefighters, AB 40 was a top priority for the City’s fire department and all local agencies that also provide EMS services. Currently first responders can spend as long as twelve hours with a patient while they wait for medical care from a doctor taking away critical services and ability to respond to emergencies in the community. This critical legislation requires the California
Emergency Medical Services Authority (EMSA) to take urgent actions to address the chronic issue of ambulance patient offload time. RPPG worked with the author’s office, the sponsor, and Cal Cities to raise awareness about the importance of this legislation despite heavy opposition from the California Hospital Association. Additionally, RPPG drafted and submitted letters of support and testified on behalf of the City in the various policy committees.
On October 13, Governor Newsom signed AB 40 into law.
AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023 (City Position, Support)
With the passage of the Community Assistance, Recovery and Empowerment (CARE) Court in 2022, additional resources will continue to be necessary to provide the required housing to those who are receiving treatment. AB 531 is a $6.38 billion bond and one piece in Governor Newsom’s proposed mental health overhaul. Appearing on the March 2024 ballot as Proposition 1, if approved it will provide funding to build more than 10,000 new behavioral health beds and housing and 26,700 outpatient treatment slots - filling critical needs across the state for homeless Californians with severe behavioral health issues.
RPPG worked with the City to draft relevant support letters, provided testimony in a handful of Assembly and Senate committees, and expressed the City’s support to the Newsom administration once the measure advanced out of the Legislature. On October 13, Governor Newsom signed AB 531 into law.
AB 557 (Hart) Open meetings: local agencies: teleconferences (City Position, Support) AB 557 is a simple but important tool for local governments to continue to be accessible to the public during a Governor-declared state of emergency and continue to provide essential services to residents by
eliminating the sunset provision in AB 361 (R. Rivas, 2021) pertaining to remote authority and the Ralph M. Brown Act. This permanently authorizes local agencies to meet remotely and without posting agenda location in instances where the Governor has declared a state of emergency and it would be impossible to meet in-person safely, such as during extreme flooding or wildfire. Additionally, this measure extends the period for a legislative body to make the necessary findings related to a continuing state of emergency to not later than 45 days after the first teleconferenced meeting, instead of within 30 days, and extends the
renewal period from every 30 days to every 45 days. Historically, any measure that relates to Brown Act modernization is instantly controversial with Capitol committee staff and faces a harsh backlash from watchdog groups. RPPG worked closely with AB 557’s sponsor, the California Special District’s Association (CSDA), to support the effort by working with CSDA advocates to target key lawmakers to secure votes, lobbying legislators, and committee staff, and providing testimony.
On October 8, Governor Newsom signed AB 557 into law.
AB 584 (Hart) California Coastal Act of 1976: coastal development: emergency waiver (City
Position, Support) This commonsense measure flew through the legislature in light of the damages the State saw in the winter of 2022/2023. In the event of a disaster or similar situation where emergency work is necessary to protect life and property and for repairs to certain public facilities and infrastructure, the coastal commission can
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10 City of Carlsbad 2023 End of Year Report
authorize emergency actions or projects within the coastal zone up to $25,000, a threshold that has not been updated since 1976. AB 584 will update that threshold to $125,000 to reflect today’s dollars and will update annually pursuant to inflation.
On July 27, Governor Newsom signed AB 584 into law.
AB 701 (Villapudua) Controlled substances: fentanyl (City Position, Support)
As mentioned above under AB 33, fentanyl related legislation faced an uphill battle this legislative session, particularly in the Assembly Public Safety Committee. AB 701 adds fentanyl to the list of controlled substances, which currently includes cocaine, and heroin, for which sentencing enhancement and stiffer penalties may be levied against dealers. Leveraging our close relationships with the Calfirona Police Chiefs Association and the California Peace Officers Association, we worked collectively to garner support among the members of the legislature to ensure this bill continued to move and ultimately signed by the Governor.
On October 8, Governor Newsom signed AB 701 into law.
SB 19 (Seyarto) Fentanyl Misuse and Overdose Prevention Task Force (City Position, Support) SB 19 creates a task force to deal with the fentanyl epidemic to evaluate the nature and extent of fentanyl abuse in the state and to develop policy recommendations for addressing it. The bill was amended in the Assembly to adjust the timelines in the bill, and composition of the task force to conform the language to AB 33 (Bain, 2023). RPPG drafted and submitted letters of support to the relevant committees and the bill was on consent throughout the legislative process.
On October 13, Governor Newsom signed SB 19 into law.
SB 43 (Eggman) Behavioral health (City Position, Support) Creating solutions to address extreme mental illness was a priority for the City Council. On the heels of the passage of CARE Court in 2022, SB 43 authored by Senator Eggman proposed to broaden the definition of gravely disabled under the Lanterman-Petris Short Act (LPS). The law was originally passed when Ronald Reagan was Governor and despite over a decade of advocating for updates and modernization, efforts continued to fall short. On the heels of the homelessness crisis in the State, for the
past two years RPPG worked with the Administration, Department of Public Health, and a large coalition of local government stakeholders, including the “Big 13 City 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 Bakersfield’s strong support for the bill.
On October 12, Governor Newsom signed SB 43 into law.
SB 326 (Eggman) The Behavioral Health Services Act (City Position, Support) This legislation is tied to AB 531 and will appear as one ballot measure on the March 5, 2024 ballot as Proposition 1. Both bills are critical to Governor Newsom’s efforts to address mental health, substance abuse and homelessness. SB 326 is designed to transform the state’s Mental Health Services Act into the Behavioral Health Services Act and reallocating an existing tax on millionaires to treat the most seriously mentally ill and to increase programs for substance use disorders. There were concerns that reallocating funds in the Mental Health Services Act would threaten funding for existing outpatient mental health
services. In addition to submitting letters in support, RPPG attended several hearings testifying in support of the bill and met with many lawmakers who initially had concerns to outline the benefits of the bill. On October 13, Governor Newsom signed SB 326 into law.
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11 City of Carlsbad 2023 End of Year Report
SB 381 (Min) Electric bicycles: study (City Position, Support) SB 381 by Senator Min will require the Mineta Transportation Institute at San Jose State University to prepare a study on how to best improve the safety of electric bicycles. Given the City’s prior experience in declaring a local emergency and taking a proactive approach in educating the public on the dangers of electric bikes, Senator Min’s staff directly reached out to RPPG requesting support from the City of Carlsbad. Upon taking an official support position, RPPG drafted and submitted letters of support. The bill
was on consent throughout the legislative process. On October 13, Governor Newsom signed SB 381 into law. Highlights: Measures Amended to Significantly Reduce Impacts to the City
SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments (City Position, Oppose) At introduction SB 423—among various other provisions would have:
• Eliminated the sunset provisions in the SB 35 streamlining program.
• Permitted virtually unfettered development in high-fire and coastal zones.
• Authorized the Department of General Services (DGS)to approve projects on any land owned by
or leased to the State of California—without complying with CEQA, labor provisions or the review provisions required for any other SB 423 project.
Leveraging the expertise of RPPG’s senior policy advisors and staff, our team pulled together several policy-based analyses, including specific side-by-side comparisons to existing law. This enabled agency staff to assess the potential impacts that the measure, as introduced, would have had on the City.
Moreover, our advocacy team worked directly with Senator Weiner, the Assembly Housing and Community Development committee and the California Carpenters Union to secure an amendment to eliminate the ability for DGS to develop on land leased to the state and requires the State to follow the same procedures outlined for local government with respect to CEQA and Labor provisions. Finally, working with the California Fire Chiefs, California Coastal Commission, several environmental groups, and poverty rights advocates, RPPG was successful in providing reasonable guardrails for responsible development in environmentally sensitive areas—while restoring a reasonable sunset period. While the measure is still problematic, RPPG’s sustained engagement on behalf of the City reduced many of the most challenging provisions while restoring some of the local decision making back into the bill.
On October 11, Governor Newsom signed SB 423 (as amended) into law.
AB 1484 (Zbur) Temporary public employees (City Position, Oppose) We confirmed early in the year that the Governor was planning on signing AB 1484. This required our team to shift its approach from simply trying to stop the measure, to ensuring that the most problematic provisions of the measure were either eliminated or reduced. Throughout the year, we worked with several public and private stakeholders to build a strong opposition coalition. We engaged with the author and
sponsor several times to negotiate amendments, drafted opposition letters, Floor Alerts and testified in all appropriate policy committees. In addition, we worked from a messaging standpoint to tie AB 1484 to the broader “labor package” advancing this year—measures included SB 799 (Portantino), AB 452 (Addis),
and SB 558 (Rubio). The goal was to try and persuade Governor Newsom to veto these bills on behalf of the Broader coalition. While AB 1484 ultimately advanced, our efforts resulted this bill being substantially
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12 City of Carlsbad 2023 End of Year Report
amended to remove the grievance process language entirely– as well clarify that the provisions do not apply to contracted employees secured through third party staffing entities. On October 10, Governor Newsom signed AB 1484 (as considerably amended) into law. Highlights: State Budget Earmarks
Apart from timing deadlines enshrined in California’s constitution, the state budget process is a nuanced and often convoluted process. Timing for when requests are made is often dependent upon each individual legislator. Some legislators prefer that requests come to their capitol office, while others prefer that all budget earmarks are submitted through their district office. With respect to Carlsbad’s legislative delegation, each office used a combination of approaches outlined above.
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, were able to secure the following state budget earmark:
Project Lawmaker Amount
State Street Parking Lot EV Charging Stations Assemblymember Tasha Boerner $350,000
Client Communication
Client communication is a critical component of our overall advocacy approach. The better informed our clients are, the better the advocates we can be for them. One way to achieve this goal is to provide memos which include client-specific analyses of legislation, of regulatory matters, and of the overall legislative process, as needed. RPPG has sent more than 36 memos to your team in 2023 which have detailed legislative analyses that illustrate client-specific impacts and/or potential funding sources for the City and which keep it apprised of specific legislation and policies that may be of interest to the City or impact City operations, including but not limited to the following areas:
• State budget, including infrastructure trailer bills.
• Constitutional amendments.
• Ballot measures.
• Regulatory actions.
• Transportation and public works.
• Housing, ADUs, land use, and homelessness.
• Public employer-employee relations and conditions. In 2023, RPPG has conducted weekly Zoom meetings with the City to keep it updated on what is happening in Sacramento. We call these check-in meetings the “bookends;” in between these meetings, our team connects with City staff almost daily via calls and emails. RPPG has also provided the City with a legislative summary each month which informs the City Council and staff of key developments in the Legislature and of announcements by the Administration, and which
updates the City on any positioned legislation. We also present slide decks to the Legislative Subcommittee and staff, during the monthly meetings, on legislative developments and on the City’s engagement in the legislative process.
Dec. 12, 2023 Item #11 Page 71 of 79
13 City of Carlsbad 2023 End of Year Report
Other RPPG Efforts
At RPPG, the job does not begin and end with state legislative advocacy. We worked tirelessly throughout
this year to assist the City of Carlsbad in any way we were able. This includes helping to solve local issues that 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 enable the City and its legislative advocacy firm to sift through the thousands of legislative proposals introduced each legislative
session to evaluate those measures that fall within the scope of the platform. Working in conjunction with City staff, RPPG met with most departments and the Legislative Subcommittee to make major changes to the City’s legislative platform.
Detailed Legislative Analysis: RPPG provided detailed analyses of several pieces of legislation. These analyses have been critical in helping the City assess potential implications that pending legislation may have on operations, local discretion, and/or authority. Examples include but are not limited to:
•Standalone analysis of ACA 1 (Aguiar-Curry)
•Standalone analysis of ACA 13 (Ward)
•ACA 1 and ACA 13 and Interfacing with the CBRT measure, Combined Analysis
•Standalone analysis of the proposed Government Transparency Act
•Standalone analysis of Proposition 1: Behavioral Health Infrastructure Bond Act of 2024
•Standalone analysis of AB 309 (Lee)
•Enacted Housing and Transportation Bills
•Summary of Enacted 2023 Surplus Land Act Bills, specifically SB 747 (Caballero), AB 480 (Ting),SB 229 (Umberg), SB 34 (Umberg), AB 129 (Budget Trailer Bill), AB 1734 (Jones-Sawyer), and AB1469 (Kalra)
•Memo on Proposition 28
•January legislative and administrative update
Updates on the Legislative and Fiscal Process: RPPG provided timely informational updates during critical stages of the budget and policy processes. These updates provided the City with the necessary situational awareness of statewide trends, fiscal updates, what the City is positioned on, and how RPPG is engaging on its behalf. Examples include but are not limited to reports on:
•Bill introduction deadline
•House of Origin deadline
•Suspense file updates
•End of session legislative update
•Budget updates: January proposal, May-Revise, June budget update, and final budget update
•Budget Trailer bill update: Governor’s infrastructure package
Sacramento Lobby Day: From April 12-14, members of the city manager’s office and Councilmembers were in Sacramento for the League of California Cities’ City Leaders Summit. The city manager’s office and the Councilmembers, accompanied by Sharon Gonsalves, met with members and staff of the
Legislature, as well as several agency officials including:
•Department of Fish and Wildlife
•Department of Transportation
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14 City of Carlsbad 2023 End of Year Report
Client-Specific Webinar on 2023 New Housing Laws: In an effort to provide unique value to the City. Our team hosted a client-specific “new housing law” webinar on November 9, 2023. The 75-minute session aimed to drive awareness on the most impactful pieces of legislation, provide insight on implementation and answer any questions clients may have on a specific issue. Our team also provided a comprehensive power point presentation as well as additional analysis on recent changes to the surplus lands act. LOOKING AHEAD: 2024 LEGISLATIVE SESSION
Change in Committee Chairs
With one of the most publicly contentious Assembly leadership changes in recent memory, it is a forgone conclusion that there will be major turnover in committee chairs. Upon the official transition, Speaker Rivas made swift changes to empower his closest allies—replacing Speaker Emeritus Rendon’s entire team.
However, given the timing of the transition, committee chairs have mostly stayed in place. As previously mentioned, the only two policy committee chair changes both have big impacts to local agencies with Isaac Bryan, the former Elections chair, elevated to Majority Leader and Cecilia Aguiar-Curry, former Local
Government chair, elevated to Assembly Speaker pro Tempore. It is likely we will see major turnover in other committees directly impacting local government including Appropriations, Revenue and Taxation, Transportation, and others. Any such changes could potentially impact the pathway of priority legislation, either by creating new opportunities or further obstacles. It is widely anticipated that committee appointments will be announced sometime this month. At his inaugural ceremony in the Capitol, Speaker Rivas spoke to tackling the state's housing and homelessness crises, improving public services and infrastructure, and combating climate change as his priorities. At the end of session, the current Chair of the Assembly Labor Committee credited the leadership of Rivas “for making labor legislation a priority and helping position it to pass.” Given the Speaker’s agricultural roots and strong personal lived experiences and ties to the labor movement, we can expect
the Speaker to continue to put his power behind these proposals in 2024 and into the future. Just prior to the Assembly adjournment of the 2023 Legislative session, Speaker Rivas indicated 2024 would include a focus on homeowners’ insurance, housing, public safety, homelessness, and the fentanyl crisis. In late
October, Speaker Rivas announced the formation of a new Select Committee on Retail Theft, chaired by Assemblymember Rick Zbur (D, Los Angeles). In the announcement, the Speaker stated his "expectation that the retail theft select committee will act with focus and urgency.”
We also may see changes to committee chairs in the Senate due to the President pro Tempore change from Senator Atkins to Senator McGuire, who are also similarly ideologically aligned. Senate committees for which turnover is most likely to impact local governments include Governance and Finance, Appropriations, and Judiciary. Although no changes in the Senate have yet been made, we can expect announcements in January after the leadership change becomes official. Given that Senator McGuire’s
district is heavily affected by wildfires, it is likely that we will see this continue as a priority for the Legislature. Looming Budget Deficit
As projected in the final budget released in June, 2024 will see continued budgetary problems and likely
additional cuts. The Legislature’s non-partisan Legislative Analyst’s Office (LAO) recently released a report estimating that the FY 23-24 budget solved a $27 billion deficit, which is notably below the $31.5 billion deficit that the budget closed. The LAO attributes this difference to policies that had originally been projected to be included in the FY 23-24 budget but were ultimately not enacted. The LAO had previously
Dec. 12, 2023 Item #11 Page 73 of 79
15 City of Carlsbad 2023 End of Year Report
projected a $9 billion deficit for the next couple of budget cycles, though these forecasts may change when Governor Newsom releases his FY 24-25 budget proposal in January. It was projected in the May revision of the FY 23-24 budget that in a recession scenario and depending on the circumstances, general fund revenues could shrink up to $100 billion below current projections through FY 26-27. For local government, an extended period of state fiscal uncertainty has the potential of cutting both ways.
On the one hand, polices that aim to reduce local authority by mandating a new program have the potential of being held due to the state’s budgetary concerns associated with new state reimbursable mandates. On the other hand, the Legislature has a long history of raiding local budgets to close that gap on its own
budgetary challenge. We have already seen the elimination of redevelopment agencies and the redirection of local property taxes to the Educational Revenue Augmentation Fund in order to close state budget gaps. Local governments need to remain vigilant in aggressively fighting any attempts by the state to reduce
local funding formulas, or other longstanding tools that local agencies rely on to provide critical services. A Slowdown in Housing Legislation…Not so Fast
Over the past four years we have seen well over 120 new housing laws that are designed to increase the
production of housing at all income levels. In 2023 alone we saw more than 150 housing-related measures introduced and about half of them were signed into law. Despite these legislative efforts, California has yet to realize the production boom that Governor Newsom has hoped for. Local government planning and land use is often easier for legislators to focus on rather than grappling with the realities of private markets, allocating major funding for subsidized housing, and challenging developers, environmental organizations, and other powerful interest groups. While local governments certainly have a responsibility to set the table and streamline local approval processes, it is arguable that much of this has already been addressed by layers of state laws, including many recently approved laws that local agencies are working diligently to implement. To that end, an October 13, 2023 LA Times Editorial, Jason Elliot, the Governor’s Deputy Chief of Staff
and the Administration’s unofficial “Housing Czar”, was quoted saying, “The next challenge is implementing
the ambitious housing laws that have been passed over the last seven years. All the pieces are in place.
It is now time for California to put those pieces to work, to permit the housing, to say yes to new housing and to hold local governments accountable for their responsibilities.” So, will this mean a slowdown in the sheer volume of housing and homelessness-related legislation
introduced next year? Likely not. It is expected that we will continue to see measures that aim to further bolster oversight and enforcement authority to the Attorney General and the Housing and Community Development Department. Moreover, it is likely that we will see more focus on measures that require local agencies to prioritize infill streamlining that fit within a jurisdiction’s Sustainable Communities Strategy (SCS), resulting in increased heights and densities near transit. Measures such as AB 68 (Ward), which did not advance this year, would have required local governments to demonstrate the necessity for housing
growth in suburban areas in order to meet housing mandates. These policies will be a top priority for housing advocates. Government Transparency Act
Earlier this year, nonprofit Consumer Watchdog proposed a ballot measure that, if passed by voters, would require a considerable increase in both state and local agency responsibility and cost, and would likely result in a high volume of frivolous litigation filed under the California Public Records Act. Titled the “Government Transparency Act,” it is currently in the process of qualifying for the November 2024 ballot.
Dec. 12, 2023 Item #11 Page 74 of 79
16 City of Carlsbad 2023 End of Year Report
Due to the severe costs that the requirements of the Act would impose on all public agencies, it is expected to face strong response from the Legislature and the Administration. The measure has until June 28, 2024, to qualify for the November ballot. Should this occur, we have major concerns that Legislature may cut a deal with ballot proponents by passing legislation which exempts the state while enacting the same or similar provisions currently being proposed impacting local government. Should a deal be reached, this would happen quickly, and would be in exchange for the proponents withdrawing the measure from the ballot. Should this happen, local governments are at risk of being left “holding the bag.” We saw a similar process occur in 2018 when the California Business Roundtable pulled its tax measure in exchange for the state banning the ability of local governments to enact local soda taxes for 12 years.
Climate Bond
Given that Governor Newsom balanced the FY 23-24 budget on a future resources bond, and that climate remains a top priority for the Governor and the Legislature, we anticipate such a bond to continue to
advance next year and to be put to voters on the November 2024 ballot. The bond authors, currently Assemblymember Eduardo Garcia (D, Coachella) and Senator Ben Allen (D, Malibu), and other stakeholders, are currently aiming for a bond in the $10-12 billion range. Both resources bonds, AB 1567
(Garcia) and SB 867 (Allen), are currently around $15 billion, but the determination of the final amount, what’s included, and which vehicle will carry the final package are all still under deliberation. Administration priorities will play a large role in shaping the end product. The expectation is that legislative leaders may push a bond through the legislative process much faster than usual in January so that stakeholders have ample time for voter outreach to be successful on the ballot. However, starker economic conditions may shape the final outcome and may change the overall debt load that the Governor is willing to endorse at the ballot box. Given the delay in income tax return collections due to IRS filing extensions, the Administration has warned the Governor’s January budget proposal may have to be premised on significantly limited revenue data. Timing of the bonds may be impacted and unable to move as quickly as legislative leaders hope while the state is forced to play catch up on determining updated projections based on final returns.
Wildfire Insurance
Governor Newsom signed an executive order on September 21 which requested that the Insurance Commissioner take regulatory action in the state’s insurance market. That same day, the Insurance Commissioner announced a package of executive actions “aimed at improving insurance choices and protecting Californians from increasing climate threats while addressing the long-term sustainability of the nation’s largest insurance market.” Additionally, on October 9, the Assembly Insurance Committee and the
Assembly Select Committee on Wildfire Prevention held an informational hearing on the state of the homeowner insurance market in California. Leaders agreed on the need for mitigation and for insurers to adjust rates based on mitigation efforts that homeowners have taken. However, there was disagreement
whether insurance companies were taking an appropriate response to the wildfires. It is likely that this will be a hot topic in 2024, particularly given the new Senate President Pro Tempore, Mike McGuire, has a personal connection to the issue as his district has experienced multiple catastrophic wildfires in recent
years. We anticipate we may see legislation in 2024 related to the homeowner insurance market, that may include measures relating to streamlining regulations, incentives for homeowners to take mitigation actions, or funding for communities to build additional defensible spaces.
———————————————— END OF REPORT
Dec. 12, 2023 Item #11 Page 75 of 79
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December 6, 2023
City of Carlsbad
2023 Year in Review and
Monthly Federal Update
www.carpiclay.com
Exhibit 4
2023: A Year in Review
The 118th Congress kicked off in January in a rather unexpected manner. The results of the November 2022 elections caused a power flip in the House of Representatives with the Republicans taking over the majority. As such, the first order of business was to elect a Speaker. It took the House five days and fifteen rounds of voting to elect Rep. Kevin McCarthy (R-CA) as Speaker of the House. Additionally, with the start of the new
Congress we saw the opening of the House and Senate office buildings to the public for the first time since early 2020. Much of Congress’ attention and efforts this year has been focused on the Fiscal Year (FY) 2024 appropriations process. In late May, Congress and President Biden negotiated
legislation to raise the debt limit, as well as set spending limits for both FY24 and FY25 (which was set at current FY23 levels). While the Senate chose to write their bills to the agreed upon levels, the House decided to write their bills at lower funding levels, resulting in a roughly $113 billion difference.
Fall has seen quite a flurry of activity on the federal level. At the eleventh hour on the last day of the federal fiscal year, Congress passed a Continuing Resolution (CR) to keep the government open and funded through November 17th. Just three days after Congress passed the CR, the House held an unprecedented vote, and for the first time in history, removed the sitting Speaker of the House Kevin McCarthy from his position. Following
the successful motion to vacate, the House Republican caucus spent the next twenty-two days attempting to elect a new Speaker. Three different candidates (Majority Leader Steve Scalise (R-LA), Judiciary Committee Chair Jim Jordan (R-OH), and Majority Whip Tom Emmer (R-MN)) were each selected by the caucus as their candidate for Speaker, but none of them could obtain the necessary number of votes on the floor to get elected.
Finally, on October 25th, the House Republican caucus coalesced around a candidate and elected Rep. Mike Johnson of Louisiana to serve as the next Speaker of the House. October also saw the end of an era with the passing of Senator Dianne Feinstein, who served the State of California in the U.S. Senate for over three decades. Following her
passing, Governor Gavin Newsom announced that he would be appointing Laphonza Butler to fulfill the remainder of Feinstein’s term until the end of 2024. Sen. Butler recently announced that she will not be running for a full six-year term.
Dec. 12, 2023 Item #11 Page 76 of 79
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Prior to Thanksgiving, Congress passed yet another CR to avoid a government shutdown. The new CR takes a two-tiered laddered approach to extending federal funding. The CR extends funding across all federal agencies at current levels, but groups the twelve
appropriations bills into the following two groups with two different deadlines, January 19th and February 2nd respectively.
Carpi & Clay Activities on behalf of the City of Carlsbad
Over the past year, Laura Morgan-Kessler and David Wetmore have been working on the following issues on behalf of the City:
Worked with City staff to draft and submit Fiscal Year 2024 community project requests to the City’s congressional delegation. As a result of these efforts, Rep. Mike Levin included $850,000 for the City’s Traffic Safety Improvement project.
Kept City staff updated on the status with the annual appropriations process and
federal funding.
Planned and executed the City’s federal advocacy trip to Washington, D.C. in March 2023. During this trip, the City met with the City’s Congressional delegation as well as the Environmental Protection Agency.
Drafted letters of support for the City to send on the following bills:
o Spent Fuel Prioritization Act (H.R. 3862) o Southern California Coast and Ocean Protection Act (H.R. 3978)
Provided the City with weekly transportation memos as well as monthly federal
update memos.
Maintain strong relationships with the City’s Congressional delegation and staff. Additionally, kept the City updated on changes to staff within the City’s
Congressional delegation.
Provided a memo to the City regarding the potential impacts to the City of a federal government shutdown.
Shared the City’s Inflation Reduction Act Energy Efficiency and Conservation Block Grant program allocation of $168,840.
Shared the City’s FY23 Community Development Block Grant allocation of $545,490.
Provided real-time grant funding opportunities to the City for federal programs of interest to the City.
Participated on monthly conference calls with City staff and presented monthly
federal updates to the City’s Legislative Subcommittee meetings.
Dec. 12, 2023 Item #11 Page 77 of 79
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Federal Update (December 2023)
Congress Passes Continuing Resolution
Before departing Washington, D.C. for the Thanksgiving holiday, Congress passed a Continuing Resolution (CR) to allow the federal government to remain funded beyond the November 17th deadline from the previous CR. The new CR takes a two-tiered laddered approach to extending federal funding. The CR extends funding across all federal agencies at current fiscal year (FY) 2023 levels, but groups the twelve
appropriations bills into the following two groups with two different deadlines:
Extends the agencies funded under the below bills through January 19, 2024:
• Agriculture-FDA
• Energy and Water
• Military Construction-Veterans Affairs
• Transportation-Housing and Urban Development
Extends agencies funded under the below bills through February 2, 2024:
• Commerce-Justice-Science
• Labor-Health and Human Services-Education
• Defense
• Financial Services
• Homeland Security
• Interior-Environment
• Legislative Branch
• State-Foreign Operations In addition to extending current funding levels for federal agencies, the CR also includes extensions for the following programs:
Health programs, including funding for community health centers and delay of Medicaid payment cuts to disproportionate share hospitals through January 19th
Temporary Assistance for Needy Families (TANF) through February 2nd
National Flood Insurance Program (NFIP) through February 2nd
Farm bill programs through September 30th
2024 Congressional Calendar Released
The House and Senate released their anticipated schedules for 2024. Since it is an election year, in addition to Congress being in recess the month of August, Congress will also be in recess the month of October, returning to Washington, D.C. after the November election. A combined copy of the calendars can be found HERE.
Dec. 12, 2023 Item #11 Page 78 of 79
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Legislation Introduced: Behavioral Health and Homelessness Services
Senators Alex Padilla (D-CA) and Edward Markey (D-MA), along with Representative
Madeleine Dean (D-PA), introduced the Homelessness and Behavioral Health Care
Coordination Act of 2023 (H.R. 773/S. 3165). The legislation would establish a grant program through the Department of Health and Human Services (HHS) to award five-year grants of up to $500,000 to eligible entities to improve their capacity to coordinate homelessness services.
House Legislation Introduced to Reduce Wildfire Risk from Power Lines
Representatives Salud Carbajal (D-CA), Lori Chavez-DeRemer (R-OR), Jim Costa (D-
CA), and David Valadao (R-CA) introduced the Fire Safe Electrical Corridors Act of 2023 (H.R. 6012), a companion bill to the Senate bill introduced by the late Senator Dianne Feinstein (D-CA) (S. 2269). The legislation would allow the Forest Service to approve the removal of hazardous trees near power lines on federal land without requiring a timber
sale. The legislation was referred to the Committee on Agriculture and the Committee on
Natural Resources for consideration. Federal Funding Opportunities & Announcements
EPA Releases $2 Billion NOFO for Community Change Grants. The Environmental Protection Agency (EPA) released a $2 billion Notice of Funding Opportunity (NOFO) for the Environmental and Climate Justice Community Change Grants Program, authorized in the Inflation Reduction Act (IRA). Funding will support projects that promote climate resiliency and adaptation, mitigate climate and health risks, monitor and prevent
indoor and outdoor pollution, implement infrastructure upgrades, and develop workforce initiatives. Applications are accepted on a rolling basis through November 21, 2024. There are two application tracks:
Community-Driven Investments for Change: EPA expects to award $1.96 billion
for 150 projects, totaling between $10 and $20 million for each awardee.
Meaningful Engagement for Equitable Governance: EPA expects to award $40 million for 20 projects, totaling between $1 and $3 million for each awardee.
DOT Publishes $1.5 Billion RAISE Grant NOFO. DOT published a $1.5 billion NOFO
for the FY 2024 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program. The program supports municipalities, tribal governments, counties, and other eligible entities in completing critical freight and passenger transportation infrastructure projects. Applications are due February 28th.
## ## ##
Dec. 12, 2023 Item #11 Page 79 of 79
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Mary Real <anewday4me2020@gmail.com>
Monday, December 11, 2023 6:14 PM
All Receive -Agend a Ite m # .LL
For the Information of the:
CITY COUNCIL
Date~CA ✓cc..::::
CM ..-ACM .----OCM (3) ~
City Clerk; Council Internet Email; Scott Chadwick; Geoff Patnoe; Mary Real
Item 11 Comments, Carlsbad City Council Meeting 12-12-2023
11. 2024 LEGISLATIVE PLATFORM AND LEGISLATIVE PROGRAM UPDATE -1) Adoption of a resolution approving the City
of Carlsbad 2024 Legislative Platform; and 2) Direct staff to advocate for five potential ci ty-sponsored state legislative
proposals and for federal, state and county funding for specified city projects; and 3) Receive reports on state and
federal legislative and budget activity and recent and ongoing advocacy efforts and provide feedback to staff as desired.
(Staff contact: Jason Haber, City Manager Department)
Congratulations to the City of Carlsbad for applying for grants and trying to secure state and
federal and county funds for the improvement of the quality of life here in C-bad.
I am not sure why the City is not concerned about getting more money for Senior Center needs
and for Library patrons. Quality of Life issues are important to the people here in Carlsbad and
surrounding areas. Is the Library even going to put up the red book Christmas tree this year?
I was told that Carlsbad stands little chance of being considered for grants because the City of
Carlsbad is so wealthy! The City of Carlsbad stands a Zero chance of obtaining money if they will
not apply for money to help the Senior Center and the Library.
What are your priorities, Mayor Blackburn and the City Council?
Thanks,
Mary Lucid
I hope that the City Atty and the City Manager do not get too upset if I wish everyone
(including Glenn and the City Bureaurats) a :
Happy Holidays with Peace, Love, Joy and a Happy New Year with Good Will to All now and in
2024.
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i
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