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HomeMy WebLinkAbout2020-03-10; City Council Legislative Subcommittee; ; Draft City of Carlsbad 2020 Legislative PlatformCity Council Legislative Subcommittee Meeting Date: March 10, 2020 To: City Council Legislative Subcommittee From: Jason Haber, Intergovernmental Affairs Director Item 2: Draft City of Carlsbad 2020 Legislative Platform {city of Carlsbad Recommendation: Review the Draft City of Carlsbad 2020 Legislative Platform; discuss and provide feedback to staff to prepare the document for City Council consideration at the March 17 City Council workshop. Discussion: The attached Draft City of Carlsbad 2020 Legislative Platform (Exhibit 1) incorporates feedback and suggested edits provided by city staff and the City Council Legislative Subcommittee. A red line version of the document (Exhibit 2) shows changes made to the Preliminary Draft version that was reviewed by the Subcommittee on Dec. 10. This item will provide an opportunity to discuss final Subcommittee recommendations and to provide feedback to staff to prepare the document for City Council consideration. Legislative Platform Review Schedule: Subcommittee _____ Organizational Framework & Council Policy 39 __ Dec. 10, 2019 Subcommittee ______ Legislative Platform/Priorities ________ Feb. 11, 2020 Subcommittee _____ Legislative Platform/Priorities & Council Policy 39_Mar. 10, 2020 City Council Workshop ___ Legislative Platform/Priorities & Council Policy 39_Mar. 17, 2020 Subcommittee Legislative Platform/Priorities & Council Policy 39_Apr. 14, 2020 ----- City Council _______ Legislative Platform/Priorities & Council Policy 39_May 5, 2020 Exhibits: 1. Draft City of Carlsbad 2020 Legislative Platform 2. Redline -Draft City of Carlsbad 2020 Legislative Platform City Manager's Office Intergovernmental Affairs 1200 Carlsbad Village Dr. I Carlsbad, CA 92008 I 760-434-2958 t Exhibit 1 DRAFT CITY OF CARLSBAD 2020 LEGISLATIVE PLATFORM The Legislative Platform provides a foundation for the City of Carlsbad's Intergovernmental Affairs Program and enables the city to efficiently and effectively address intergovernmental and legislative matters affecting the city. The purpose of this Legislative Platform is to clearly expresses the city's position on, and provide a basis for prioritizing and acting upon, a broad range of intergovernmental and legislative matters that may impact the city's ability to operate effectively. The City Council has identified the following Guiding Principles, Legislative Priorities and Position Statements to guide the city's advocacy efforts. The Legislative Platform will be reviewed annually by the City Council Legislative Subcommittee and amended as needed by the City Council. Guiding Principles I. Preserve Local Control -The city supports the broadest authority for our citizens and the City Council to make decisions and provide public services locally. As cities are voluntarily created by the residents of a community to provide local self-government and to make decisions at the local level to best meet the needs of the community, the city opposes preemption of local control. II. Maintain Fiscal Responsibility -The city supports legislative and budget measures that protect and enhance its existing funding sources, revenue base and control over local government budgeting. The city opposes efforts to shift local funds to the county, state or federal governments, diminish its revenue base or impose new mandates that are unfunded or inadequately funded. Ill. Protect Quality of Life -The city supports legislative and budget actions that preserve the safety, security and well-being of our residents, businesses and visitors. The city opposes efforts that would negatively impact the infrastructure, public safety, community development, community services and environmental programs that support city efforts to maintain and enhance the quality of life in Carlsbad. 2020 Legislative Priorities 1. 2. 3. 4. 5. 2020 Legislative Platform: Position Statements 1. Community Services Arts, Cultural Resources, Historic Preservation and Education (a) Support funding and legislation that supports the arts, culture, historic preservation & education. Child Care (a) Support measures that reduce regulatory complexities and the burden of insurance costs for child care providers. (b) Support funding for the construction, renovation and maintenance of child care facilities. (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. Public Parks/Recreational Facilities (a) Support funding for community park facilities, open space, and recreation programs. (b) Support legislation that preserves the ability to implement integrated pest management practices. Public Libraries (a) Support funding for local public libraries and the State Library. (b) Oppose Internet filtering laws that apply to publicly funded libraries. (c) Support legislation that preserves library patron privacy. (d) Support legislation that preserves net neutrality. Seniors (a) Support legislation that fosters independence of older Californians. Healthy Cities (a) Support legislation that recognizes and prevents adverse impacts affecting public health and the welfare of citizens, and particularly minors. 2 (b) Support funding and legislation that assists local communities in addressing problems associated with recent legal and illegal immigrants to the United States, in areas such as housing, health services, education and employment. (c) 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 recreational water quality, habitat management, and open space. (c) Support funding and legislation that facilitates and protects local control of habitat management planning, maintenance and administration. Air Quality (a) Support legislation that promotes market penetration of alternative fuel vehicles. Climate Change (a) Support funding and legislation that facilitates immediate actions to mitigate the sources of greenhouse gas emissions. (b) Support legislation that reduces the amount of ozone depleting compounds discharged into the atmosphere. California Environmental Quality Act {CEQA} (a) Support legislation that either requires citizen initiatives to comply with CEQA before being placed on the ballot or exempting from this requirement a City Council initiated ballot measure dealing with the same subject matter on the same ballot. (b) Support legislation that streamlines federal and state environmental review processes and limits court reviews of environmental documentation. Hazardous Materials (a) Support efforts for the proper and cost-effective disposal of solid, hazardous and medical waste. 3 (b) Oppose legislation that makes local municipalities financially responsible for the removal, abatement or mitigation of hazardous materials. (c) Support funding and legislation that addresses concerns regarding the safe handling and storage of nuclear waste generated at the decommissioned San Onofre Nuclear Generating Station, particularly as it relates to the vulnerability to damage from seismic activity, landslides, tsunamis and sea level rise. Solid Waste (a) Support legislation that preserves the ability of local governments to regulate solid waste and recyclable materials. (b) Support measures that promote procurement and market development of recyclable and recycled materials. (c) Support legislation that promotes source reduction measures. (d) Oppose legislation regulating "flow control" of solid waste materials. (e) Support measures that promote the recycling and reclaiming of natural resources, including water, timber, oil, gas minerals and earth metals. (f) Support measures that would make low-interest loans and grants available to local agencies for programs that encourage the recycling and reclaiming of resources. (g) Support measures that would reduce the use of single-use plastics and Styrofoam packaging and prevent these materials from entering the waste stream, including public education and community partnership initiatives. (h) Support legislation that facilitates development of local and regional recycling and composting facilities. Utilities (a) Support legislation that establishes regulatory and market mechanisms to maximize the state's energy self-sufficiency and security. (b) Support legislation that establishes regulatory and market mechanisms that promote competition and reasonable, justifiable energy prices. (c) Support legislation that aggressively pursues refunds to consumers for rates that have been determined to be unjust or unreasonable. 4 (d) Support legislation that expedites the development of needed infrastructure (e.g., generation, transmission, and natural gas pipelines) to create robust and functional markets. (e) Support legislation that increases the diversity of the state's and region's energy resources, particularly increasing the use of higher-efficiency, clean distributed generation (e.g., combined heat and power) and renewable resources. (f) Support legislation that encourages and incentivizes the adoption of new and emerging technologies that provide real-time pricing to promote better price response by consumers. (g) Support legislation that promotes municipal renewable energy development. (h) Support legislation that allows net energy metering. (i) Support legislation that provides financial incentives for renewable energy. (j) Support legislation that minimizes adverse environmental impacts of the state's and the region's energy use. (k) Support funding and legislation that promotes of alternative energy sources. (I) Support legislation that prohibits the California Energy Commission from issuing any license to operate a power plant unless and until it has received the report required by the California Coastal Commission under the Warren-Alquist Act. (m) Support legislation that protects competitive neutrality, procurement autonomy, ratepayer affordability, reliability, decarbonization and social equity initiatives of community choice aggregation. (n) Support legislation that establishes rules under which Public Safety Power Shutoff events can be undertaken. Coastal Issues (a) Support measures that provide funding for urban waterfront restoration and enhancement. (b) Support legislation that would aid the restoration, preservation and enhancement of beachfront property, sand, bluffs, access, public infrastructure and parking. 5 (c) Support measures that would preserve and extend the authority of cities over land use regulations concerning the placement of onshore facilities which service offshore oil drilling. (d) Support legislation that requires the double hulling of oil tankers. (e) Support legislation that promotes aquatic research, education and aquaculture. (f) Oppose any new offshore oil and gas leasing, drilling and exploration in all State of California and U.S. waters in the Pacific Ocean. (g) Support legislation providing that if Coastal Commission staff has an opportunity to participate in local and or regional habitat management plans, there is a presumption of consistency with the Federal Coastal Management Act. (h) Support legislation to allow cities to issue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan. (i) Support legislation that allocates state and federal funds for the construction of facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. 3. Water General Principles (a) Support measures that provide for the equitable allotment and distribution of preferential water rights. 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. Water Recycling (a) Support measures that promote the production and distribution of reclaimed water. 6 Water Storage & Conveyance Systems (a) Support a balanced water transportation and regional storage system that provides for the needs of San Diego County, while protecting the Delta and Central Valley regions with minimal impact on agriculture and the environment. (b) Support measures that increase water supply and storage facilities within the region and allow for economically feasible water transfers within the system. New Technology (a) Support legislation and regulations that encourage the use and development of alternative water sources, including desalination. (b) Support funding and legislation that promotes the development of engineering solutions and alternative uses to eliminate wastewater treatment ocean discharges. 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. 4. Governance, Transparency, and Labor Relations Labor Relations (a) Support legislation that allows cities with civil service/personnel systems to contract out services to the private sector to save taxpayer dollars. (b) Support legislation that limits the ability of employees to receive workers' compensation benefits for occupational injuries/illnesses that result from stress, disciplinary action, or performance evaluations or consultations. (c) Support any measure that would reverse the imposition of compulsory and binding arbitration with respect to public employees. (d) Oppose any measure that would grant employee benefits that should be decided at the local bargaining table. 7 (e) Oppose any legislation that would reduce local authority to resolve public employee disputes, and support legislation that would preserve court jurisdiction, and/or impose regulations of an outside agency (such as PERB). (f) Oppose measures that propose a standard higher than the normal civil standards in disciplinary proceedings for peace officers. (g) Support legislation that clarifies existing labor laws concerning whether an individual is considered an employee rather than an independent contractor. (h) Support measures that promote efforts to advance workplace diversity, equity and inclusion. (i) Oppose measures that would expand release time for union business. (j) Oppose measures that would establish confidentiality privileges for union representatives. (k) Oppose measures that would require municipalities to pay erroneous retirement benefits. Workers' Compensation (a) Oppose legislation that expands or extends any presumptions of occupational injury or illness and support legislation that repeals the presumption that the findings of a treating physician are correct. (b) Oppose legislation that increases workers' compensation benefits without providing for concurrent cost controls. Governance and Ethics (a) Oppose legislation or constitutional amendments that weaken or interfere with the powers of charter cities and diminish local autonomy or home rule authority. (b) Support legislation that reduces and provides for recovery of costs, maintains privacy and eliminates attorney's fees for administering public records laws. (c) Support legislation that improves access to, and reduces the cost of, healthcare for public employees. 8 (d) Support measures that reform California's tort system to reduce and limit liability exposure for public agencies and restore the ability of public agencies to obtain affordable insurance. (e) Support legislation that recognizes or broadens immunities for public agencies and oppose legislation that attempts to limit or restrict existing immunities. (f) Support legislation that requires plaintiffs to make a good faith showing of liability prior to filing a lawsuit against a public entity. 5. Housing, Community and Economic Development Planning and Zoning (a) Support legislation to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, regulatory authority over zoning, subdivisions, annexations, and redevelopment areas. (b) Support measures in local land use that are consistent with the doctrine of "home rule" and the local exercise of police powers in planning and zoning processes. (c) Support legislation requiring environmental review of initiatives to amend a general plan or zoning ordinance before the initiative is placed on the ballot or enacted. (d) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects. (e) Support measures that allow local agencies to condition mobile home park conversions from rental to resident ownership pursuant to local land use regulations including a requirement to provide public improvements and infrastructure where necessary to promote the health, safety, and welfare of park residents. (f) Support legislation that preserves the authority of local agencies to regulate short-term vacation rentals. (g) Support legislation that enables local agencies to effectively address issues concerning public safety and proper management of group homes. 9 (h) Oppose legislation that would diminish local control to set and assess development review and building inspection fees. Housing (a) Support efforts to develop federal and state participation, financial support and incentives (tax benefits, grants, loans) for programs which provide adequate, affordable housing (home ownership and/or rental opportunities) for all economic segments of the community including the elderly, handicapped, and low-income persons. (b) Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable units) to local agencies, private developers and non- profit groups in order to rehabilitate residential units and commercial properties. (c) Support legislation that would provide additional funding for rental subsidy assistance programs (such as Section 8) via more vouchers or certificates. (d) Support repeal of Article 34 (Public Housing Project Law) of the California Constitution. (e) Support legislation that allows entitlement cities to use Community Development Block Grant (CDBG) funds for new construction of housing units. (f) Support state legislation that strengthens local inclusionary housing programs. (g) Support the repeal or modification of the Davis-Bacon Wage Act, as it relates to charter cities, that set a prevailing wage scale for public projects, substantially increasing the cost of publicly assisted housing developments. (h) Support legislation that will consolidate and streamline the administration and reporting requirements for the CDBG program. (i) Oppose legislation that would give the State financial administrative responsibilities for the CDBG program. (j) Support legislation that requires availability of adequate school facilities contemporaneously with occupancy of housing. 10 (k) Support measures that would establish a formula-based Regional Housing Needs Assessment allocation methodology that reflects the unique needs and practical capacity of local communities. (I) Oppose measures that diminish local authority to implement growth management initiatives that ensure communities do not exceed carrying capacities and the provision of adequate public facilities. (m) Support measures that would exempt affordable housing projects from complying with the California Environmental Quality Act. Economic Development (a) Support legislation that facilitates economic development efforts and encourages businesses to locate or remain in California. (b) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for redevelopment projects, including economic redevelopment, where a prior finding of blight has been determined. (c) Support legislation that would establish new tax increment financing tools. 6. Public Safety Fire Services (a) Oppose legislation that would restrict or reduce the ability of local government to determine the extent or method of fire hazard mitigation necessary in or around wildland areas. (b) Oppose legislation that would diminish local control to set and assess fire inspection fees. (c) Support legislation that preserves local agencies' ministerial development review and approval rights, including applicability to accessory dwelling units. (d) Oppose legislation that attempts to circumvent code requirements by statute. 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. 11 (b) Oppose legislation that would restrict a local government from revising the delivery of emergency medical service to its citizens and support measures that broaden these powers. (c) Support legislation that would enhance cost recovery or provide funding for emergency medical services and pre-hospital care. (d) Support legislation that would strengthen community and disaster preparedness, public safety, and resiliency. (e) Support legislation that would enhance statewide wildland fire safety infrastructure. Law Enforcement (a) Support legislation that strengthens local law enforcement. (b) Support measures that would provide a greater share of seized assets to localities and increased discretion for local spending. (c) Support legislation that would allow for the destruction, confiscation, or extended safekeeping of firearms or other deadly weapons involved in domestic violence incidents. (d) Support legislation that strengthens penalties for repeat drug and property crime offenders. Drugs & Alcohol (a) Support measures which strengthen present state or federal laws to increase penalties and give local governments the power to restrict or regulate the sale, manufacture, or use of dangerous drugs. (b) Support legislation that discourages, prevents, and penalizes driving under the influence of drugs or alcohol. (c) Support legislation that enhanced local agencies ability to recover costs from guilty parties for damage to public property and services in accidents involving driving under the influence of drugs and/or alcohol. (d) Support legislation that would provide funding for addiction rehabilitation treatment. (e) Support any measure that protects children and youth from exposure to tobacco, second hand smoke and tobacco-related products. 12 (f) Support legislation that preserves local control over medical and adult-use cannabis businesses, and enhances and protects maximum local regulatory, land use, and enforcement authority in relation to such businesses. Homelessness (a) Support funding and legislation that provides resources for local agencies to provide referral services for persons experiencing homelessness. (b) Support measures that provide resources to address the mental health needs of persons experiencing homelessness. Miscellaneous (a) Support legislation that would assist local safety agencies in regionalization of activities such as training, crime labs, specialty responses such as hazardous materials and technical rescue, and other appropriate functions. (b) Support legislation to increase the number of border patrol agents at the International Border. (c) Support legislation that provides financial assistance to local agencies for Homeland Security. (d) Support the enactment of legislation to prevent gun violence. (e) Support measures to expand mental health and social-emotional health services and the inclusion of safety education in schools. (f) 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. (g) 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. (h) Support measures to provide funding to support 911 communication centers. (i) Support measures to provide funding to support the San Diego Law Enforcement Coordination Center. 13 7. Revenue and Taxation (a) Support legislation that assists cities to enforce and collect local taxes. (b) Support measures that protect the fiscal independence of cities and safeguard existing revenue sources from preemption by any other public agency. (c) Oppose any change in revenue allocations which would negatively (current or future) affect local government, including the redistribution of sales tax, property tax, transient occupancy tax and other taxes and fees. (d) Support legislation that makes funds to support public facilities (i.e., facilities, open space) more available to local municipalities. (e) Oppose legislation that attempts to eliminate the "pay first and litigate later" provisions of law and oppose any bill that proposes to reduce or eliminate the obligation of any online travel agency to pay transient occupancy taxes under state or local law. (f) Support measures which would strengthen cities' ability to reorganize and consolidate water districts, sewer districts, school districts, and other special districts that operate within or provide service to a city. (g) Oppose federal measures which remove the deduction of all state and local taxes for federal income tax purposes. (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). 14 (I) Oppose any measure that restricts or limits a public entity's ability to use tax exempt debt for the purchase or construction of public purpose improvements. (m) Oppose legislation that shifts state and county criminal justice costs to cities. (n) Oppose the use of the federal gas tax for federal debt reduction. (o) Support legislation that streamlines permitting processes without undermining the ability of local government to apply and be compensated for the enforcement of reasonable building, planning and fire protection standards. (p) Oppose measures that propose significant economic changes without the completion of a balanced, comprehensive economic analysis. State Mandates (a) Support legislation that would eliminate unfunded state and federal mandates or would require timely reimbursement to cities. (b) Oppose measures that would impose mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities. (c) Oppose legislation that creates surcharges for state oversight of state mandated programs. 8. Transportation, Communication and Public Works Transportation (a) Support measures that would increase the ability of local agencies to finance local and regional transportation facilities and improvements, including alternative modes of transportation and transportation demand management systems and transportation systems management initiatives. (b) Support legislation that provides for effective and efficient transportation alternatives. (c) Oppose transportation proposals that would adversely affect the quality of life in North San Diego County by causing traffic congestion, air pollution or other problems. 15 (d) Encourage and support double tracking of the rail corridor within the City limits in a manner that: 1. Improves public safety access and response times. 2. Eliminates or reduces existing at-grade rail crossings within the rail corridor. 3. Improves local, regional, and coastal access for all travel modes (bike, pedestrian, vehicle, transit). 4. Minimizes impacts to neighborhoods. 5. Maximizes community and neighborhood connections. 6. Protects and/or improves the economic vibrancy of surrounding neighborhoods and the city. 7. Protects and/or enhances environmental resources. (e) Oppose legislation that diminishes local control over the regulation and deployment of micro-mobility solutions. (f) Oppose measures that would result in the consolidation of the North County Transit District and Metropolitan Transit System. (g) Support measures that protect residents, businesses and visitors from the adverse impacts of aircraft operating at McClellan-Palomar Airport. (h) Oppose changes in aviation policies that would allow McClellan-Palomar Airport to expand without authorization from the city. (i) Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts associated with air traffic overflights. (j) Support measures that would increase local control over airports located within municipal boundaries. Public Works (a) Oppose legislation that would erode or purport to erode a charter city's ability to design, implement, determine wage rates or fund any and all public works projects within its jurisdiction. (b) Support funding and legislation that supports utilities undergrounding. Contracts (a) Support legislation prohibiting firms from bidding on City projects if the firm is currently involved in legal proceedings against the City arising from prior projects. 16 (b) Oppose measures that would eliminate state licensing requirements for professionals involved in designing public and private developments. (c) Support measures that would clarify the roles and responsibilities of public agency officers and employees as related to the prohibition on entering into or participating in making contracts in which they have a financial interest. Telecommunications (a) Support legislation and regulations of telecommunications facilities and services that: 1. Maintain local control over the public right-of-way. 2. Provide just compensation for the use of right-of-way and overseeing public service standards. 3. Ensure public, education, and governmental access is available and affordable. 4. Provide free access for public information services and announcements. 5. Maintain local control, including but not limited to discretionary permits over wireless communications facilities. 6. Reinstates competition in the telecommunications industry. (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. 17 Exhibit 2 PreliR=liRarv DRAFT CITY OF CARLSBAD 2020 LEGISLATIVE PLATFORM The Legislative Platform provides a foundation for the City of Carlsbad's Intergovernmental Affairs Program and enables the city to efficiently and effectively address intergovernmental and legislative matters affecting the city. The purpose of this Legislative Platform is to clearly expresses the city's position on, and provide a basis for prioritizing and acting upon, a broad range of intergovernmental and legislative matters that may impact the city's ability to operate effectively. The City Council has identified the following Guiding Principles, Legislative Priorities and Position Statements to guide the city's advocacy efforts. The Legislative Platform will be reviewed annually by the City Council Legislative Subcommittee and amended as needed by the City Council. The City Council has identified the fullo•.ving Legislati¥e Priorities to guide the city's adyocacy efforts during the state's current biennial legislati¥e session. The Legislati>.ie Priorities will be re1.iiewed e•.iery two years, in odd numbered years, by the City Council Legislati¥e Subcommittee and amended as needed by the City Council. Guiding Principles I. Preserve Local Control -The city supports the broadest authority for our citizens and the City Council to make decisions and provide public services locally. As cities are voluntarily created by the residents of a community to provide local self-government and to make decisions at the local level to best meet the needs of the community, the city opposes preemption of local control. II. Maintain Fiscal Responsibility -The city supports legislative and budget measures that protect and enhance its existing funding sources, revenue base and control over local government budgeting. The city opposes efforts to shift local funds to the county, state or federal governments, diminish its revenue base or impose new mandates that are unfunded or inadequately funded. Ill. Protect Quality of Life -The city supports legislative and budget actions that preserve the safety, security and well-being of our residents, businesses and vi sitors. The city opposes efforts that would negatively impact the infrastructure, public safety, community development, community services and environmental programs that support city efforts to maintain and enhance the quality of life in Carlsbad. r I 2020 Legislative Priorities 1. 2. 3. 4. 5. 2020 Legislative Platform: Position Statements ~_1_. ___ C_o_m_m_u_n_i_t~y_S_e_r_v_ic_e_s Arts, Cultural Resources, Historic Preservation and AGtivitiesEducation Support state and federal funding and legislation for the arts that benefits local communities. (a) Support funding and legislation that supports the arts, culture, historic preservation & education. Child Care (a) Support measures that the-reduc~t+GA of present regulatory complexities and the burden of insurance costs for child care providers. (b) Support the reduction of the burden of insurance costs. (.Q.€) Support funding for the construction, renovation andfGf maintenance of child care facilities. (fG ) Support the provision of reasonable tax incentives for employers who offer child care services. (ge) Support legislation that restores loca l control over quality child_care services in areas such as licensure, staffing, education and training. Public Parks/Recreational Facilities (al Support measures that proi.iide funding for community park facilities, open space, and recreation programs. (b) Support legislation that preserves the ability to implement integrated pest management practices. Public Libraries {-}@l_Support legislation that pro¥ides State assistancefunding for local public libraries and the State Library. 2 ~2. Environmental Quality {-H.2.L_Support legislation that complements the fGity's Council's Environmental and Sustainability Guiding Principles. {-Hhl_Support funding and legislation that supports and provides funding to improve recreational water quality, habitat management, and open space. (c) (d) Support funding and legislation that facilitates and pro•,cides protects local control funds for of habitat management planning, maintenance_fil)_Q_, administration, and local control. Oppose environmental legislation that creates an unfunded mandate for cities to implement and fund. Air Quality (a) Support legislation that promotes market penetration of alternativety powered fuel vehicles in the State vehicle buying program. Climate Change ( ) Support measures which lead to a state or national energy policy. (a) Support funding and legislation that facilitates immediate actions to mitigate the sources of greenhouse gas emissions. {-Hhl_Support legislation that encourages timely action to reduce~ the amount of ozone depleting compounds discharged into the atmosphere. California Environmental Quality Act {CEQA) (h) Support legislation that either requires citizen initiatives to comply with CEQA before being placedmg the initiative on the ballot or exempting from this requirement a City Council initiated ballot measure dealing with the same subject matter on the same ballot. f-Hru_Support legislation that streamlines federal and Sstate of California's environmental review processes and limits court reviews of environmental documentation. Hazardous Materials {-H.fil_Support efforts for the safe proper and cost-effective disposal of solid, hazardous and medical waste. 4 (b) Oppose legislation that makes tRe-local municipalitiesy or redevelopment agency financially responsible for the removal, abatement or mitigation of hazardous materials. f-}(c) Support funding and legislation that addresses concerns regarding the safe handling and storage of nuclear waste generated at the decommissioned San Onofre Nuclear Generating Station, particularly as it relates to the vulnerability to damage from seismic activity, landslides, tsunamis and sea level rise. Solid Waste (a) Oppose Support legislation that restricting preserves the ability of local governments to regulate solid waste and recyclable materials. (Consiaer more nuances statement.) (b) (c) materials. Support measures that promote procurement and market development of recyclable and recycled materials. Support legislation toward the procurement of recyclable anEI rec·tcled (Qf) Support legislation that promotes source reduction measures. (e) Support measures that encourage the streamlining of California Integrated Waste Management Board grant programs and proviae maximum flexibility to local government. (gf) Oppose legislation regulating "flow control" of solid waste materials. (gg) Support measures that , which promote the recycling,l and reclaiming of natural resources, including water, timber, oil, gas minerals and earth metals. (f~) Support measures that would make low-interest loans and/af: grants available to local agencies for programs that would encourage the recycling,l and reclaiming of resources. (g) Support measures that would reduce the use of single-use plastics and (h) Styrofoam packaging and prevent these materials from entering the waste stream, including public education and community partnership initiatives. Support legislation that facilitates development of local and regional recycling and composting facilities. 5 Utilities (a) Support legislation that develops establishes regulatory and market mechanisms to maximize that ensure the ~~tate's achieves the greatest level of energy self-sufficiency and security as soon as practical. (b) Support legislation that establishes regulatory and ~market structure mechanisms and rules that promote fe.H-competition and reasonable, justifiable energy prices. (c) Support legislation that aggressively pursues refunds to consumers for rates that have been determined to be unjust or unreasonable. (d) Support legislation that commits to and expedites the development of needed infrastructure (e.g., generation, transmission, and natural gas pipelines) to create robust and functional markets. (e) Support legislation that increases the diversity of the ~~tate~ and region's energy resources, particularly increasing the use of higher-efficiency, clean distributed generation (e.g., combined heat and power) and renewable resources. (f) Support legislation that encourages and incentivizes the adoption of new and emerging technologies that provide real-time pricing to promote better price response by consumers. (g) Support legislation that promotes municipal renewable energy development. (h) Support legislation that allows net electrical energy metering. (i) Support legislation that provides financial incentives for renewable energy. (j) Support legislation that minimizes adverse environmental impacts of the ~~tate's and the region's energy use. (k) Support funding and legislation that encourages funding programs for and promot~«m of alternativee energy sources. (I) Support legislation that prohibits the Ca lifornia Energy Commission from issuing any license to operate a power plant unless and until it ha s received the report required by the Ca lifornia Coastal Commission under the Warren-Alquist Act. 6 (m) (n) Support legislation that protects competitive neutrality, procurement autonomy, ratepayer affordability, reliability, decarbonization and socia l equity initiatives of community choice aggregation. Support legislation that establishes rules under which Public Safety Power Shutoff events can be undertaken. Coastal Issues {a) Support measures .. •.•hich that provide funding for urban waterfront restoration and enhancement. {b) Support legislation that would aid the restoration, preservation and enhancement of beachfront property, sand, bluffs, access, public infrastructure-_and parking. (c) {d) ( e) (f) {g) Support measures that would preserve and extend the authority of cities over land use regulations concerning,--e¥e-f the placement of onshore facilities which service offshore oil drilling. Support legislation that requires the double hulling of all new oil tankers and the retrofitting of all e><isting oil tankers. Support legislation that promotes aquatic research, education and , aquaculture, and other related uses. Oppose any new offshore oil and gas leasing, drilling and exploration in all State of California and U.S. waters in the Pacific Ocean. 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 iss ue all coastal development permits within their jurisdiction consistent with a previously certified coastal plan. (j) Support legislation that allocates state and/ef federal funds for the construction of facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. New: S1:J1313ort Giev-elowrwRt of local/regional req•c.'ing and com13ost!ng facilities S1:J1313ort regt:Jlation of single t:Jse 13/astics and Styrofoam St:Jstainability and ResilieRC)' P.lanning Pt:JbJic Safety Power Sh1:1toff Micro grid 7 Witdfire Water 01:1t0ges SoR 0Rojre N1:1cJe0r GeRemt!Rg StotiaR Climate Cl=JoRge Camm1:1Rity Clwice Aggregot!aR (h3. Water General Principles (a) Support measures that provide for the equitable allotment and distribution of preferential water rights. Water Conservation (a) Support efforts 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. Water Recycling {-H.fil_Support efforts measures to assist in that promote the production and distribution of reclaimed water. Water Storage & Conveyance Systems (a) Support a balanced water transportation and regional storage system that provides for the needs of San Diego County, while protecting the Delta and Central Valley regions with minimal impact on agriculture and the environment. (b) Support measures that increase water supply and storage facilities within the region and allow for economically feasible water transfers within the system. New Technology (a) Support legislation and regulations that encourage the use and development of alternative water sources, including desalination. {-}(b) Support funding and legislation that promotes the development of engineering solutions and alternative uses to eliminate wastewater treatment ocean discharges. 8 Financial Considerations f-H.tl_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. New: Support credit for im,estments in water recydiny and alternati,.•e sources Treatment plant ocean fiisclwr-ye 0..4. Clarification of water 0nfi recydefi w0ter serv-ice territor; IMater tax L0yoon restoration Governance, Transparency, and Labor Relations Labor Relations fb-H.tl_Support legislation that allows cities with civil se rvice/personnel systems to contract out services to the private sector to save taxpayer dollars. (b) Support legislation that limits the ability of employees to rece ive workers' compensation benefits for occupational injuries/illnesses that result from stress, disciplinary action, or performance evaluations or consultations. fbt1fl_Support any measure that would reverse the imposition of compulsory and binding arbitration with respect to public employees. fbtf.gl_Oppose any measure that would grant employee benefits that should be decided at the local bargaining table. fbtitl_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). (fl Oppose measures that propose a sta ndard higher than the normal civil efleS-Standards in disciplinary proceedings for peace officers. (g) Clarify Support legislation that clarifies existing labor laws concerning whether an individual is considered an employee rather than an independent 9 (h) (i) (j) contractor.AB 5 exceetion to include visual/eerforming artists rec instructors Support measures that promote efforts to advance workplace diversity, equity and inclusion. Oppose measures that would expand release time for union business. Oppose measures that would establish confidentiality privileges for union representatives. {bt(k) Oppose measures that would require municipalities to pay erroneous retirement benefits. Workers' Compensation f-Hfil_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. Bihl_ Oppose legislation that increases workers' compensation benefits without providing for concurrent cost controls. Governance and Ethics H.@LOppose legislation or constitutional amendments that weaken or interfere with the powers of charter cities and preseri,ie diminish local autonomy or home rule authority. H.llil_Support legislation that reducesmg and providesmg for recovery of costs, maintain~mg privacy, and eliminatesmg attorney's fees for administering public records laws. H(!;,L_Support legislation that improves access to, and reduces the cost of, healthcare for public employees. f-}.{QL_Support measures -ta-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. H(g_)_Support legislation that recognizes or broadens immunities for public agencies and oppose legislation that attempts to limit or restrict existing immunities. HffL_Support legislation that requires plaintiffs to make a good faith showing of liability prior to filing a lawsuit against a public entity. 10 New+_ Di·1-ersity, e€f1,1ity and incl1,1sion OwS. Housing, Community and Economic Development Planning and Zoning (a} Support legislation to strengthen the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, regulatory authority over zoning, subdivisions, annexations, and redevelopment areas. (b} Support measures in local land use that +s-are consistent with the doctrine of "home rule" and the local exercise of police powers in planning and zoning processes. (c} (d) (e) (f) (g) (h) 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. Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for public purpose projects. 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. Support legislation that preserves the authority of local agencies to regulate short-term vacation rentals. Support legislation that enables local agencies to effectively address issues concerning public safety and proper management of group homes. Oppose legislation that would diminish local control to set and assess development review and building inspection fees. Housing (a} Support efforts to develop federal and state participation, financial support and incentives (tax benefits, grants, loans) for programs which provide adequate, affordable housing (home ownership and/or rental opportunities} for all economic segments of the community including the elderly, handicapped, and low-income persons. 11 (b) Support legislation that provides incentives (tax benefits, grants, loans, credits for affordable units) to local agencies, private developers and non- profit groups in order to rehabilitate residential units and commercial properties. (c) Support legislation that would provide additional funding for rental subsidy assistance programs (such as Section 8} via more vouchers or certificates. (d) Support repeal of Article 34 (Public Housing Project Law) of the California Constitution. (e) Support legislation that allows entitlement cities to use Community Development Block Grant (CDBG) funds for new construction of housing units. (f) (g) (h) (i) Support state legislation that strengthens local inclusionary housing legislation program!;.that allows for aeloption of local programs such as that implementeEI in CarlsbaEI. 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. Support legislation that will consolidate and streamline the administration and reporting requirements for the CDBG program. Support the consolielation of the Section 8 Certificate anEI \toucher Programs. Gil Oppose legislation that would give the State financial administrative responsibilities for the CDBG program. fil__Support legislation that requires availability of adequate school facilities contemporaneously with occupancy of housing. (k) Support measures that would establish a formula-based Regional Housing Needs Assessment allocation methodology that reflects the unique needs and practical capacity of local communities. (I) Oppose measures that diminish local authority to implement growth management initiatives that ensure communities do not exceed carrying capacities and the provision of adequate public facilities. 12 ftt(m) Support measures that would exempt affordable housing projects from complying with the California Environmental Quality Act. Economic Development (a) Support legislation that facilitates economic development efforts and encourages businesses to locate or remain in California. (a)f.!tl=Support reform of reporting requirements for the Rede1.«elopment Agency that simplify the process and eliminate the confusion regarding ,...,hich reports to file with which State agency (l-4ousing and Community Development or Controllers Office or both). (a):ftl:::Oppose legislation that would prohibit/limit the establishment of new redevelopment proJect areas and/or expansion of existing proJect areas. (a):f.QLOppose any legislation that allo•...,s reallocation of tax increment revenues by the State to finance agencies and/or proJects other than the redevelopment proJect which generated the increment. (b) Oppose legislation or constitutional amendments that would restrict the power of California cities to use eminent domain for redevelopment projects, including economic redevelopment, where a prior finding of blight has been determined. (c) Support legislation that would establish new tax increment financing tools. New· Sl:lpport CHY\ reform ~emption for affordahte ho1:Jsing streamJine infiJJ etiminate J.itigation e-><pos1:Jre. Sl:lpport strengthening e>f local ind1:Jsionary ho1:Jsing programs. Short Term '/.acation Rentals Gro1:Jp Homes Comptete Streets Act •,rs. Congestion Barrier CEQA lss1:Je Airport T€J-x Increment F-inancing Tools RHNA Metlwdotogy Growth Management C6pacity & Adef:11:Jate P1:Jhlic facilities Local Control e>f Dey.eJopment ~es 13 Os6. Public Safety (d) 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 wild land areas. (b) (c) Local control to set/charge Inspection Fees Oppose legislation that would diminish local control to set and assess fire inspection fees. Support legislation that preserves local agencies' ministerial development review and approval rights, including applicability to accessory dwelling units. Oppose legislation that attempts to circumvent code requirements by statute. 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. feH.!;u_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) (d) Support legislation that would enhance cost recovery or provide funding for e~mergency M medical ~services and pre-hospital care. {example AB ~ Support legislation that would strengthen community and disaster preparedness, public safety, and resiliency. E-nhance Wiki./-anfi f.ire Safet•1 lnfrostr1:1ct1:1re {€-}(el Support legislation that would enhance statewide wildland fire safety infrastructure. Law Enforcement (a) Support legislation that strengthens local law enforcement. (b) Support measures that would provide a greater share of seized asset s to localities and increased discretion for local spending. 14 ~{cCL,.l __ Support legislation that would allow for the destruction, confiscation, or extended safekeeping of firearms or other deadly weapons involved in domestic violence incidents. fe}{d) Support legislation that ~~trengthen~ penalties for repeat drug/ and property crime offenders~ Drugs & Alcohol (a) Support measures which strengthen present state or federal laws to increase penalties and give local governments the power to restrict or regulate the sale, manufacture, or use of dangerous drugs. (b) (c) (dl {el w Support legislation that discourages, prevents, and penalizes driving under the influence of drugs or alcohol. 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. Support legislation that would provide funding for addiction rehabilitation treatment. Support any measure that protects children and youth from exposure to tobacco, second hand smoke and tobacco-related products. Support legislation that preserves local control over medical and adult-use cannabis businesses, and enhances and protects maximum local regu latory, land use, and enforecement authority in relation to such businesses. UJRR0bis JoG0J GORtrol o~·er restr.iGtioRs Homelessness (al Support funding and legislation that provides resources for local agencies to provide referral services for persons experiencing homelessness. (bl Support measures that provide resources to address the mental health needs of persons experiencing homelessness. Miscellaneous (a) Support legislation that would assist local safety agencies in regionalization of activities such as training, crime labs, specialty responses such as hazardous materials and technical rescue, and other appropriate functions. (b) Support legislation to increase the number of border patrol agents at the International Border. 15 {-}iliL_Support measures which that protect the fiscal independence of cities and safeguard existing revenue sources from preemption by the State or Count11.any other public agency ( ) Support measures 111hich would pro¥ide fiscal independence to cities. H(f.L_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. ( ) ( ) Oppose any measure that shifts re¥enue from any unit of local go¥ernment to other agencies. Oppose any measure that would make cities more dependent on the State for financial stability and policy direction. H(~_L_Support legislation that makes funds to support public facilities (i.e., facilities, open space) more available to local municipalities. H(fil_Oppose afllf-legislation that attempts to repeal or eliminate the "pay first and litigat e later" provisions of law and oppose any bill or amendment that proposes to reduce or eliminate the obligation of any on line travel agency to pay transient occupancy taxes under state or local law.~ H!.fL_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. {-}.{gl_Oppose federal measures which remove the deduction of all st ate and local taxes for federal income tax purposes. H!..bJ_Support measures that implement basic structural changes in state government that result in state budget _ expenditures being brought into balance with state revenues. Hill __ Support measures which relieve taxpayers of the burden of paying for services which could be charged directly to the service use r, and which simplify the process of est ablishing such fees. Hill __ 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. Hlli}_Support measures to reinstate flexibility in the administration of Article XIII-B (The Gann Initiative). 17 f-H!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. f-Hm.LOppose legislation that shifts &~tate~founty criminal justice costs to cities. f-H..o.l_ 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. f-}(p) Oppose measures that propose significant economic changes without the completion of a balanced, comprehensive economic analysis. State Mandates (a) Support legislation te--that would eliminate or ref)eal unfunded state and federal mandates or te--would require timely reimbursement to cities. _aM Hlli.L_eOppose measures that would impose these-mandates for which there is no guarantee of local reimbursement or offsetting benefits, or would shift the cost of government services to cities. H(fl_Oppose legislation that creates surcharges for state oversight of state mandated programs. New: Prop 13 Sp.lit Roi! TEn< RejorFR -14.8. Transportation, Communication and Public Works Transportation (a) Suf)f)Ort measures that would iRcrease the abilit'( of local ageRcies to fiRaRce local transf)ortation facilities. (b~) 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 +!ransportation &~ystems Mmanagement initiatives}. 18 (.!2.e) Support legislation that provides for effective and efficient transportation alternatives. (~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.or other problems. (eg.) Encourage and support double tracking of the rail corridor within the City limits in a manner that: (e) (f) G-:_1_. _Improves public safety access and response times. G-:_2_. _Eliminates or reduces existing at-grade rail crossings within the rail corridor. G-:_3_. _Improves local, regional, and coastal access for all travel modes (bike, pedestrian, vehicle, transit). G-:~Minimizes impacts to neighborhoods. G-:_5_. _Maximizes community and neighborhood connections. G-:_6_. _Protects and/or improves the economic vibrancy of surrounding neighborhoods and the city. L_Protects and/or enhances environmental resources. Oppose legislation that diminishes local control over the regulation and deployment of micro-mobility solutions. Oppose measures that would result in the consolidation of the North County Transit District and Metropolitan Transit System. (g) Support measures that protect residents, businesses and visitors from the adverse impacts of aircraft operating at McClellan-Palomar Airport. (h) Oppose changes in aviation policies that would allow McClellan-Palomar Airport to expand without authorization from the city. (i) Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts associated with air traffic overflights. fe-}(j) Support measures that would increase local control over airports located within municipal boundaries. Public Works (a) Oppose legislation that would erode or purport to erode a charter city's ability to design, implement, determine wage rates or fund any and all public works projects within its jurisdiction. (b) Support funding and legislation that supports utilities undergrounding. 19 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. 1.hl_Oppose measures that would eliminate state licensing requirements for professionals involved in designing public and private developments. (c) Support measures that would clarify the roles and responsibilities of public agency officers and employees as related to the prohibition on entering into or participating in making contracts in which they have a financial interest. Telecommunications (a) Support legislation and regulations of telecommunications facilities and services that: 1. Maintain local control over the public right-of-way. 2. Provide just compensation for the use of right-of-way and overseeing public service standards. 3. Ensure public, education, and governmental access is available and affordable. 4. Provide free access for public information services and announcements. 5. Maintain local control, including but not limited to discretionary permits over wireless communications facilities. 6. Reinstates competition in the telecommunications industry. (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. New: GtorificotioR of roles & respoRsibitities re: 1090 ·1-iolotioRs Sb1pport blse of opeR platform l:wrdw-ere JRcreesed ftmdiR(j for Uti.lities UR<ier(jroblRdiR(j Lorn! coRtro! over micro mobitity NCTD I MTS CoRsof.idetioR 20