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HomeMy WebLinkAbout12 LEGISLATIVE REPORT1TY O AGENDA REPORT �1P MEETING DATE: TO: FROM: SUBJECT: MAY 7. 2013 Agenda Item 12 Reviewed: City Manager Finance Director NIA HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL JEFFREY C. PARKER, CITY MANAGER LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. Proposed Legislation for 2013-2014 Updated May 7, 2013 HOMELESSNESS Bill # Primary Description of Bill Status Major Issues/ Opportunities Author AB 5 Ammiano • Enacts the Homeless Person's Bill of Rights and Fairness Act, which would provide that no 5/01/2013 Would require the City to person's rights, privileges, or access to public services may be denied or abridged because he or LAST ACTION: Re-referred to provide the homeless with access to she is homeless, has a low income, or suffers from a mental illness or physical disability. Precludes Committee restroom/shower facilities on a 24/7 any type of enforcement on the City's part regarding the homeless population in Tustin, other COMMITTEE LOCATION: basis, since these options are available than the typical criminal violations. Appropriations in public facilities, namely the City Parks. Would require the City to staff • Provides every person shall be free from specified forms of discrimination and shall be entitled to HEARING DATE: 4/23/13 these locations on an around the clock certain basic human rights, including the right to be free from discrimination by law enforcement, basis in order to ensure the safety and in the workplace, while seeking or maintaining housing or shelter, and while seeking services. 4/30/13 AMENDED proper functioning of the facilities. • Provides that every person has the right to access public property, possess personal property, The PD would no longer have access public restrooms, clean water, affordable housing, educational supplies, as specified, the option of enforcing the illegal emergency and nonemergency health care, confidentiality of medical records, assistance of legal camping sections of the Tustin counsel in specified proceedings, and restitution, under specified circumstances. Municipal Code, since it would directly • Provides civil and criminal immunity, and immunity from employer retaliation, to a public violate AB -5. The argument is the employee who provides assistance to a homeless person. homeless population may establish residence in or around a public facility, • Requires local law enforcement agencies to make specified information available to the public such as a park. When Laguna Beach PD and report to the Attorney General on an annual basis with regard to enforcement of local put a moratorium on this type of ordinances against homeless persons and compliance with the act, as specified, thereby imposing enforcement in 2009, they witnessed a state -mandated local program. an explosion of homeless shanty -type structures going up on their public Bill has been AMENDED but there are still these issues: beaches. Ultimately, the City of Laguna • Increases costs for local law enforcement at a time when funding for public safety is scarce by Beach built and staffed a Community requiring the annual compilation and reporting of statistics on violations related to obstructing a Outreach Center for the homeless sidewalk, loitering, sitting, lying down, sleeping in public, soliciting donations, bathing in public (temporary shelter facility), whichallows homeless individuals to come in, places, sleeping in a vehicle, jaywalking, and trespassing. get a shower and some rest, and then • Usurps local authority by prohibiting the enforcement of existing local ordinances if the county move on. does not maintain year-round nonmedical assistance and there are fewer than 50 people on the Our parks are constantly being county's public housing waiting list. Special districts and cities do not have authority over county used for various functions and events, actions, and yet they would still have their local authority hindered based on the counties actions. put on by the City Parks and Recreation Department. The influx of Updated activity since the last report • Provides civil and criminal protections for local agency employees who make that agency's homeless individuals, setting up shop property and resources available for use or distribution to homeless persons without the consent in the parks, would essentially make it of that local agency. impossible for these events to occur. • Requires every local government to have health and hygiene centers with access 24 hours a day, Even if they could simultaneously seven days a week to bathroom and shower facilities. This requirement also confuses the the t happen, for example, , make public's reaction to a Movie the autonomy of cities and special districts regarding oversight and administration. Park, right next to homeless people • Increases court costs and inhibit revenue collection by guaranteeing persons the right to counsel urinating and bathing in park facilities. for failure to appear or pay bail, in addition to providing ample opportunities to file a lawsuit and The nuisance calls for service would recover money. increase and the interest in these City sponsored events would most certainly wane. • No one really knows the true impact of AB -5, since it has not happened yet. But based on our experience with movements, such as "Occupy OU and others, it could prove to be an extreme challenge if this bill succeeds. It may mean the need for more PD staff, like our Community Impact Officer, simply to deal with homeless issues solely. It would also require an increase in staffing from Public Works to clean and maintain facilities and the Parks and Rec to staff certain parks on a 24/7 basis. It is hard to put a dollar figure on it, but it is safe to say it could be very costly for the City in the long run. The ACC -OC is opposed to AB -5. GOVERNOR BROWN'S PROPOSED FY 2013-2014 BUDGET Bill # Primary Budget Priorities Status Major Issues/ Opportunities Author N/A Governor • More funding and local control for schools. Proposes to eliminate categorical school funding in 1/10/13 — Introduced by the The shift of Adult Education from Brown favor of using a Local Control Funding Formula. Included in the Governor's proposal is Governor the School District to the transitioning Adult Education from School Districts to Community Colleges. Community College could present • Health Care Reform Implementation. The Federal Affordable Care Act will require mandatory temporary classroom space issues expansion and the State budget outlines two alternatives: a state -based approach and county- for Advanced Technology & Education Partnership at Tustin based approach. These options are intended to start a conversation about how to move health care reform forward. • In 2011, Governor proposed • Enterprise Zones. Reforms the Enterprise Zone program through regulatory changes. Limits eliminating Enterprise retrovouchering by requiring all voucher applications to be made within one year of the date of Zones/LAMBRAs. There is concern hire. Streamlines the vouchering process for hiring veterans and recipients of public assistance. he could still seek their elimination, • Transportation. 13% of the annual state transportation revenues are dedicated to offsetting debt thus removing the incentives service costs from almost $30 million of general obligation bonds for transportation purposes. available for future businesses The budget uses $67 million of miscellaneous state highway account revenues to partially offset locating within Tustin Legacy. transportation bond debt services costs. As a result, local transportation funding is not Infrastructure demands and anticipated to be affected. transportation debt services costs could affect local funding in thefuture. • Infrastructure. The Governor intends to release a five-year infrastructure plan later this year, outlining the infrastructure priorities for the next five years. Indications are that the plan will rely less on future voter -authorized general obligation bonds than the state have over the past decade. In reviewing the Governor's budget, the Legislative Analyst's Office indicates that if the state elects to maintain its current policies relating to infrastructure, meeting these infrastructure demands likely would require the Legislature to shift a larger share of the state's budget to infrastructure. • Local Government Mandates. The Governor proposes to continue 2012-13 mandate suspensions, as well as suspend nine more. The focus is on reducing state requirements and maximizing local flexibility. • Assembly and Senate State Budgets. SB 65 (Leno) and AB 73 (Blumenfield) introduced the Governor's proposed State FY 2013-2014 Budget to the Senate and Assembly. INFRASTRUCTURE FINANCING DISTRICTS Bill # Primary Description of Bill Status Major Issues/ Opportunities Author SB 33 Wolk • Eliminates the requirement of voter approval in regards to creating an infrastructure financing 4/11/13 Provides more flexibility in creating district, adopting the plan and issuing bonds. LAST ACTION: Passed in the an Infrastructure Financing District • Authorizes a newly created public financing authority, consisting of 3 members of the city council Senate (24-13). Ordered to and does not preclude former and 2 members of thepp g ublic to adopt the infrastructure financing p �jIan subject to the approval Assembly and Read first time. Held Project Areas from Redevelopment by the legislative body, and majority vote of the authority by resolution. at Desk. becoming Infrastructure Districts. • Creates a public accountability committee, as specified, to review the actions of the public LOCATION: Assembly financing authority. • Extends the expiration date of an infrastructure financing district from 30 years to 40 years. 3/6/13 AMENDED • Requires any District constructing residential units to set aside 20% of the units for affordable housing. AB 229 Perez • Maintains the 2/3 voter approval to create an infrastructure financing district and issue debt 5/6/13 Does not reduce or eliminate the • Authorizes the creation of a district for up to 40 years and the issuance of debt with a final LAST ACTION: Ordered to third 2/3 voter approval necessary to maturity date of up to 30 years. reading form a district and to issue debt. • Authorizes a district to finance projects in former redevelopment project areas and former COMMITTEE LOCATION: Appropriations military bases. 4/8/13 AMENDED AB 243 Dickinson • Authorizes the creation of an infrastructure and revitalization financing district and the issuance 5/6/13 Provides for the formation of an of debt with 55% voter approval. LAST ACTION: Ordered to third infrastructure financing district • Authorizes the creation of a district for up to 40 years and the issuance of debt with a final reading within publicly owned land on a maturity date of up to 30 years. COMMITTEE LOCATION: former military base without voter • Authorizes a district to finance projects in former redevelopment project areas and former Appropriations approval. military bases. • Provides that the formation of the district and the issuance of bonds on land of a former military base that is publicly owned is NOT subject to voter approval. AB 294 Holden • The Bill was AMENDED to create a pilot program. 5/06/13 AMENDED to create a pilot • Local -State Joint Investment Partnership Pilot Program — establishes a pilot program whereby LAST ACTION: Read second time program and no longer considering certain local government entities, upon the approval and oversight of the Infrastructure and and amended an Infrastructure Financing District. Economic Development Bank, are authorized to reallocate their payments directed to the COMMITTEE LOCATION: Approximately 18 cents of every Educational Revenue Augmentation Fund to instead finance certain kinds of public works that AppropriationsHEARING DATE: 4/17/13 City of Tustin property tax dollar further state policy, as specified. 5/06/13 AMENDED could be available. INFRASTRUCTURE FINANCING DISTRICTS Bill # Primary Description of Bill Status Major Issues/ Opportunities Author AB 662 Atkins • Deletes the prohibition on infrastructure financing districts including any portion of a 4/25/13 Allows former redevelopment redevelopment project area LAST ACTION: Passed Assembly project areas to be included in an (76-0), Ordered to Senate infrastructure financing district. COMMITTEE LOCATION: Rules AB 690 Campos • Provides for the creation of jobs and infrastructure financing districts without voter approval. 4/15/13 The Author's Amendments • Authorizes a public financing authority to enter into joint powers agreements with affected taxing entities LAST ACTION: Hearing postponed eliminate voter approval with regard to nontaxing authority or powers only. by Local Government Committee requirements. • Authorizes a district to implement hazardous cleanup pursuant to the Polanco Redevelopment Act. 4/9/13 AMENDED SB 628 Beall • Eliminates the requirement of voter approval for the adoption of an infrastructure financing plan, 4/18/13 Eliminates voter approval the creation of an infrastructure financing district, and the issuance of bonds with respect to a LAST ACTION: Re-referred to requirements but does require 20% transit priority project. Committee. of tax increment revenues be • Requires a city that uses infrastructure financing district bonds to finance its transit priority COMMITTEE LOCATION: expended on affordable housing. project to use at least 20% of the tax increment revenue for affordable housing. Housing Hou HEARING DATE: Transportation and nd Hou3 • Extends the date at which the infrastructure finance district ceases to exist to 40 years from the current 30 years. 4/10/13 AMENDED ECONOMIC DEVELOPMENT Bill # Primary Description of Bill Status Major Issues/ Opportunities Author SB 1 Steinberg GENERAL PROVISIONS 5/02/13 • Includes a provision for the receipt • Establishes Sustainable Communities Investment Areas that are able to use tax increment revenue LAST ACTION: Re-referred to of tax increment funds. o In order to receive tax increment from other taxing entities (school districts are excluded), the taxing Committee • A limited area of MCAS Tustin entity must authorize by resolution the allocation of tax increment (all or a portion). COMMITTEE LOCATION: would be eligible, all properties no o An Area must include one of the following: Appropriations more than one-half mile from the ■ Transit priority project area; May include a military base reuse plan that meets of the definition of HEARING DATE: 4/23/13 Tustin Metrolink Station and OCTA a transit priority project area; Small walkable community Bus Route 70 (Edinger Avenue • Within Areas, Sustainable Communities Investment Authority ("Authority") can be formed 5/02/13 AMENDED between 55 Freeway and • The Authority is responsible for creating Sustainable Communities Investment Plan Metrolink Station). o Adopt a jobs plan, focusing on job creation associated with new economic development . Establishes a Sustainable o Adopt a sustainable parking standards ordinance Communities Investment • Independent financial and performance audit every 5 years Authority. • No less that 20% of allocated tax increment revenues must be dedicated for affordable housing purposes. • Requires coordination and • Dep't of Industrial Relations required monitoring and enforcing compliance with prevailing wage cooperation from other taxing requirements for specified projects within a Sustainable Communities Investment Area. entities. • Former Redevelopment Agencies MUST have a Finding of Completion from the Department of Finance in • AMENDED version added provision order to establish a Sustainable Communities In vestment Authority. regarding a Finding of Completion. ECONOMIC DEVELOPMENT Bill # Primary Description of Bill Status Major Issues/ Opportunities Author AB 53 Perez • Requires the Governor's Office of Business and Economic Development to lead the preparation 5/02/13 of a biennial California Economic Development Strategic Plan, including convening a series of LAST ACTION: Re-referred to meetings biennially to provide recommendations regarding an economic development strategic Committee on Appropriations plan. AMENDED: 5/01/13 • Recommends all state policies and programs conform to the adopted state economic and business development goals. AB 10 Alejo Proposes to increase minimum wage, on and after January 1, 2014 to not less than $8.25/hr, on and 1/14/13 after January 1, 2015 to not less than $8.75/hr, and on and after January 1, 2016 to not less than LAST ACTION: Referred to $9.25/hr. Committee COMMITTEE LOCATION: Labor & Employment ENTERPRISE ZONES/LAMBRA Bill # Primary Description of Bill Status Major Issues/ Opportunities Author AB 28 Perez • Authorizes the California Department of Housing and Community Development to increase the 4/30/13 processing fee charged for Hiring Tax Credit Vouchers from $15 to $20, amended to become LAST ACTION: Re-referred to effective immediately under an urgency statute. Committees on Jobs, Economic • Imposes new requirements on the Department of Housing and Community Development with Development & the Economy, respect to the enterprise zone program and modifies department and Franchise Tax Board and Local Government reporting requirements. 3/29/13 AMENDED AB 9 Holden Originally, the Bill appeared to be a placeholder with limited language declaring the intent of the 4/23/13 In order for an employer to receive Legislature to enact legislation that promotes job and business growth and encourages economic LAST ACTION: Hearing a Hiring Tax Credit under our development. The Bill was AMENDED on 3/19/13 to address Hiring Tax Credits in Enterprise Zones. cancelled LAMBRA, AB 9 increases the wage • Modifies the definition of a qualified employee, as specified, and requires qualified wages to COMMITTEE LOCATION: Jobs, they must pay their employee from exceed an average monthly wage of $2,000, as specified. Economic Development and the State minimum wage of $8/hr. the Economy to $11.54/hr. (an average monthly 3/19/13 AMENDED wage of $2,000). AFFORDABLE HOUSING Bill # Primary Description of Bill Status Major Issues/ Opportunities Author SB 341 DeSaulnier • Provides that funds in the Low and Moderate Income Housing Asset Fund be used in accordance 5/06/13 Expands the use of the Low and with applicable housing-related provisions of the Community Redevelopment Law. Requires LAST ACTION: Passed Senate Moderate Income Housing Asset funds be expended for the purpose of monitoring and preserving the long-term affordability of (34-0), Ordered to Assembly. Fund. the units subject to affordability restrictions or covenants, for homeless prevention and rapid Read first time. Held at Desk. rehousing services to individuals and families who are homeless or would be homeless but for this assistance, and for the development of affordable housing. • Provides that any program income generated may be expended anywhere within the jurisdiction 4/1/13 AMENDED of the housing successor without a finding of benefit. • Requires the housing successor to conduct and provide to its governing body an independent financial audit of the Low and Moderate Income Housing Asset Fund. Also requires the housing successor to post specified information on its Internet Web site. SB 391 DeSaulnier • Enacts the 'California Homes and Jobs Act of 2013' 5/06/13 A new 'tax'. • Imposes a fee of $75 to be paid at the time of the recording of every real estate instrument, LAST ACTION: Hearing Through a competitive process, a paper, or notice required or permitted by law to be recorded. postponed potential source of funds for • Revenues sent quarterly to the Department of Housing and Community Development (HCD) to COMMITTEE LOCATION: affordable housing. deposit in the California Homes and Jobs Trust Fund. Appropriations • Funds may be expended for supporting affordable housing, administering housing programs, and HEARING DATE: 5/06/13 the cost of periodic audits. • Amended to require HCD to report on efforts to promote o geographically balanced distribution of 4/2/13 AMENDED funds. SUCCCESSOR AGENCY/OVERSIGHT BOARD Bill # Primary Description of Bill Status Major Issues/ Opportunities Author AB 564 Mullin • Prohibits the Department of Finance from taking any future action to modify the enforceable 5/01/13 Prohibits the Department of obligations, including loan agreements between cities and former redevelopment agencies, LAST ACTION: Re-referred to Finance from revisiting items following the effective date of the approval of those enforceable obligations after review by the Committee on Appropriations previously approved by the oversight board and the Department. 3/12/13 AMENDED Department. • Prohibits the Department of Finance from taking any future action to modify a transfer of property, or the liquidation of property and the use of proceeds, if the transfer, liquidation, or use of proceeds is consistent with the approved plan of the successor agency. MILITARY BASES Bill # Primary Description of Bill Status Major Issues/ Opportunities Author AB Alejo • Authorizes the formation of a community revitalization and investment area and the 5/06/13 Former military bases that are 1080 development of a community revitalization plan to carry out certain provisions of Community LAST ACTION: Read second principally characterized by Redevelopment Law. time and amended deteriorated or inadequate • The community revitalization plan would include a provision for the receipt of tax increment COMMITTEE LOCATION: infrastructure or structures are funds. Appropriations eligible. • Must dedicate 25% of tax increment revenue for affordable housing purposes. 5/06/13 AMENDED