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1 MEETING DATE: February 14, 2018 PREPARED BY: Bob McSeveney, DEPT. DIRECTOR: Karen P. Brust Senior Management Analyst DEPARTMENT: City Manager s Office CITY MANAGER: Karen P. Brust SUBJECT: Legislative position letters in support of AB 319, AB 1324, SB 705 and opposing SB 827. RECOMMENDED ACTION: Approve the legislative position letters in support of AB 319, AB 1324, SB 705 and opposing SB 827. STRATEGIC PLAN: This item falls under the Organizational Effectiveness and Efficiency focus area of the Strategic Plan, by notifying legislators of the City Council s position on pending legislation. This specific letter also relates to the Environment focus area, to protect and preserve our natural resources. FISCAL CONSIDERATIONS: There is no direct fiscal impact associated with the staff recommendation. BACKGROUND: On December 20, 2017, the City Council approved revised Policy C024, the City Council Legislative Program, which includes the Council s 2018 Legislative Priorities, Attachments A and B. The policy requires prepared legislative position letters be placed on Council s consent agenda for approval prior to being sent. For time-sensitive legislation, the Mayor, or in her absence, the Deputy Mayor is authorized to sign on behalf of the Council, and the letters are included in the agenda packet after-the-fact. This gives Council Members an opportunity for comment. Assembly Bill 1324 (Gloria) and Senate Bill 705 (Allen) are two-year bills that were supported by the City in 2017 and have been re-introduced in the 2018 legislative session. AB 1324 would allow residents in sub-areas of SANDAG vote for self-assessments for transportation within their area. The Mayor signed a support letter for AB 1324 in advance due to a committee hearing constraint. SB 705 seeks to ban expanded polystyrene food containers. The AB 319 (Stone) support letter was signed in advance as well, at the request of the author s staff. AB 319 seeks to require plastic bottle caps be tethered to their containers. The League of California Cities has not taken a position on three of these bills, but has taken an oppose position on SB 827 (Wiener). The City opposes this bill because it seeks to take away local land use control near major transit stops or along high-quality transit corridors Item 08E 1 of 12

2 ANALYSIS: The adopted Council 2018 Legislative Priorities, Attachment B, provide guidelines for the City s legislative advocacy. The attached position letters, Attachments C, are consistent with those priorities. ENVIRONMENTAL CONSIDERATIONS: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a project under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. The SB 705 support letter, and the AB 319 support letter (Attachments C) are related to Goal 6.1 of the Climate Action Plan, which aims to divert solid waste from the landfill. ATTACHMENTS: A. City Council Legislative Program Policy C024 dated 12/20/17 B Legislative Priorities C. Legislative position letters: AB 319 (Stone) Plastic bottle cap recycling (support) AB 1324 (Gloria) MPOs: area specific transactions and user taxes (support) SB 705 (Allen) Expanded polystyrene food containers (support) SB 827 (Wiener) Transit-rich housing bonus (oppose) Item 08E 2 of 12

3 CITY OF ENCINITAS CITY COUNCIL POLICY ADMINISTRATIVE MANUAL Policy Title: City Council Legislative Program Responsible Department: City Manager s Office Section: City Council Number: C024 Approved By: City Council Date Approved: 09/10/08 Last Amendment: 12/20/17 I. Philosophy To establish the guidelines and procedures by which the City expresses written positions on proposed State and federal legislation. Legislative positions are taken to express to legislators the positive or negative impacts on our City of proposed legislation. II. Method A. For proposed legislation, either consistent with the City s Legislative Priorities or consistent with legislative positions the City has taken in the past, City staff shall be authorized to prepare position letters for the Mayor s signature and place the correspondence on Council s consent agenda for potential comment prior to being sent. B. For legislative action or signature requests within the scope of the Council s legislative priorities that are time-sensitive and there is insufficient time to schedule for a Council meeting, the Mayor is authorized to sign on behalf of the Council. Copies of these letters will be included in the Council consent agenda packet referenced in A above for potential comment by Council members, albeit after-the-fact. C. Should availability be an issue, the Deputy Mayor shall be authorized to sign position letters in lieu of the Mayor. D. If neither the Mayor nor Deputy Mayor is available, upon direction of the Mayor or Deputy Mayor the City Manager may be authorized to sign the position letter. E. The City s government relations firm may also be authorized to express the City s position in person to legislative representatives. F. All members of City Council shall receive copies of sent position letters, a copy will be sent to the City s government relations firm, and a copy will be kept on file. G. All members of City Council shall receive electronic copies of the legislative bills lists forwarded to staff by the City s government relations firm. H. These legislative priorities may only address issues directly relevant to or impacting the provision of municipal services. I. Generally, the City will not address matters that are not pertinent to the City s local government services such as partisan, socially divisive or international issues Item 08E 3 of 12

4 J. For a formal City position on proposed legislation that may not be addressed in the City s Legislative Priorities, City Administrative Policy Number C003 entitled Policies & Protocols for City Council Meetings provides the procedure for such requests. K. In instances where legislation consistent with the City s Legislative Program is sponsored by a San Diego County municipality, City position letters will appear on Council s consent agenda for potential comment prior to being sent. III. Legislative Priorities The Legislative Program will be brought before Council for review, discussion and future direction on an annual basis. For the current legislative priorities, see Attachment B Item 08E 4 of 12

5 Attachment B 2018 Legislative Priorities Purpose Throughout each year, the State Legislature and the United States Congress propose and enact legislation, some of which affects local municipal government. At times, it is in the interests of the City to take a position on proposed legislation. The process for addressing proposed legislation is detailed in City Council Policy C024. The priorities for addressing the legislation are shown below. Priorities The Legislative Program would provide guidelines for the City of Encinitas legislative advocacy. The primary priority areas include: Protect funding for vital community services Protect local control of land-use decision-making Support environmentally sustainable cities Expand infrastructure investment Public Safety / Public Health Coastal protection and enhancement More specific City interests include: PROTECT FUNDING FOR VITAL COMMUNITY SERVICES Support full reimbursement to cities for all State and federal mandates. Protect or enhance local government revenue resources. Oppose State budget cuts targeting critical local programs and services. Enhance Community Development Block Grant and other federal funding. Pursue a range of diverse housing opportunities balanced throughout the community Item 08E 5 of 12

6 PROTECT LOCAL CONTROL OF LAND-USE DECISION-MAKING Protect local control of land use decision-making and oppose legislation that would hinder or threaten local control. Seek opportunities to regain local control over state-imposed density bonus law. Seek legislative relief in applying building construction codes to unpermitted units. SUPPORT ENVIRONMENTALLY SUSTAINABLE CITIES Support legislation protecting existing water supply, and facilitating development of future water sources in Southern California. Support legislation providing funding for the acquisition and restoration of wildlife habitat. Support legislation that expands, promotes and/or incentivizes water conservation practices and programs. Support legislation that facilitates and/or promotes the expanded use of local water resources including recycled water, graywater and rainwater harvesting. Support legislation that promotes the development of potable water reuse. Support incentives for utilizing renewable energy resources. Support state-wide plastic bag ban legislation. Support state-wide expanded polystyrene foam (EPS) ban. EXPAND INFRASTRUCTURE INVESTMENT Support equitable long-range, statewide infrastructure investment. Support State/federal facilitation of timely construction of local transportation projects. Oppose the use of gasoline sales tax revenues for other than state and local transportation purposes. Support local rail infrastructure investment. Seek state funding/cost sharing opportunities for State beaches in Encinitas, including Beacon s Beach Item 08E 6 of 12

7 PUBLIC SAFETY / PUBLIC HEALTH Support funding bills for local law enforcement equipment, services, or personnel. Ensure local discretion in the adoption and implementation of health and safety standards contained in the building and fire codes. Support funding bills for local emergency operations including equipment, services, and personnel. Support legislation protecting public health. COASTAL PROTECTION AND ENHANCEMENT Support legislation providing funding and other means for beach replenishment. Additional mandated storm water pollution prevention measures must be accompanied by funding or a mechanism to provide for funding. Support ecosystem enhancing legislation. Support regional and statewide sea level rise initiatives. Apart from the above listed specific interests, City Council shall be apprised of legislative actions of the County of San Diego. Support legislation introduced by local legislators unless contrary to City priorities Item 08E 7 of 12

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10 City of Encinitas Office of The Mayor February 14, 2018 The Honorable Ben Allen California State Senate State Capitol, Room 5072 Sacramento, CA Catherine S. Blakespear Mayor RE: SB 705 (Allen) Expanded Polystyrene Food Containers NOTIFICATION OF SUPPORT Dear Senator Allen, Tony Kranz Deputy Mayor Tasha Boerner Horvath Council Member The City of Encinitas is in support of SB 705 (Allen), which seeks to ban polystyrene food containers in California. Your bill would phase out takeout food packaging that cannot be either recycled or composted in the communities where it is distributed. The City of Encinitas is a coastal community, and we are aware of the impacts of polystyrene in the ocean and on the beach. In 2016, the City Council adopted Encinitas Municipal Code Chapter banning food providers from using disposable food service ware made of polystyrene. Litter from single-use plastic such as foam plastic degrades neighborhoods, accumulates in landscaping, and is a common eye-sore on beaches and shorelines. It has negative impacts on water quality. It is ingested by marine wildlife, causing illness and death, and carrying pollutants that bio-accumulate up the food chain. Mark Muir Council Member The City of Encinitas has a legislative priority of supporting a state-wide expanded polystyrene ban. For this, and the reasons stated above, the City of Encinitas supports SB 705 (Allen). Sincerely, Joe Mosca Council Member Catherine S. Blakespear Mayor Karen P. Brust City Manager cc: Senator Patricia Bates Assembly Member Rocky Chavez City Council JGC Government Relations Catherine Hill, League of California Cities Erin Evans-Fudem, League of California Cities Brenda Wisneski, Development Services Director Mark Delin, Assistant City Manager Item 08E 10 of 12 Tel 760/ FAX 760/ , 505 South Vulcan Avenue, Encinitas, CA TDD 760/

11 City of Encinitas Office of The Mayor February 14, 2018 Catherine S. Blakespear Mayor Joe Mosca Deputy Mayor Tasha Boerner Horvath Council Member Tony Kranz Council Member Mark Muir Council Member The Honorable Scott Wiener California State Senate State Capitol Building, Room 4066 Sacramento, CA RE: SB 827 (Wiener) Planning and Zoning. Notice of Opposition (as introduced 1/3/18) Dear Senator Wiener: The City of Encinitas must oppose your SB 827, which would exempt certain housing projects from locally developed and adopted height limitations, densities, parking requirements, and design review standards. Specifically, this bill allows private for-profit housing developers and transit agencies to determine housing densities, parking requirements, and design review standards within onehalf mile of a major transit stop, or along a high-quality transit corridor which could be miles away from an actual bus stop. Cities currently have some local control over quality of life for residents. By waiving parking requirements and density standards in the vicinity of transit, community character will be transformed into big-city character, and quality of life will be surrendered. Under existing law, cities are already required to zone for densities at levels necessary to meet their entire Regional Housing Needs Allocation (RHNA). Will your bill replace the RHNA process? Contrary to SB 827, local governments must balance the needs and desires of the community when developing land use planning documents. The City of Encinitas has a voter-imposed height restriction of 30 feet on any structure. We also have a rail line running north-south along the coast. One can only imagine the impact of 85 foot high residential structures running parallel to the rail line for the length of the city. Cities need adequate time to fully understand and digest the many changes to California housing law from the 2017 legislative session. For the reasons stated above, the City of Encinitas must oppose SB 827. Karen P. Brust City Manager Sincerely, Catherine S. Blakespear Mayor cc: Senator Patricia Bates Assembly Member Rocky Chavez City Council Item 08E 11 of 12 Tel 760/ FAX 760/ , 505 South Vulcan Avenue, Encinitas, CA TDD 760/

12 Jason Rhine, League of California Cities Catherine Hill, League of California Cities JGC Government Relations Brenda Wisneski, Development Services Director Item 08E 12 of 12 Tel 760/ FAX 760/ , 505 South Vulcan Avenue, Encinitas, CA TDD 760/