HomeMy WebLinkAbout11 LEGISLATIVE REPORTAGENDA REPORT
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MEETING DATE:
TO:
FROM:
SUBJECT:
JUNE 4, 2013
Agenda Item 11
Reviewed:
City Manager
Finance DirectorN/A
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 June 4, 2013
HOMELESSNESS
Bill #
Primary
Description of Bill
Status
Major Issues/ Opportunities
Author
AB
Ammiano
• Enacts the Homeless Person's Bill of Rights and Fairness Act, which would provide that no
5/24/2013
The ACC -OC is opposed to AB -5.
person's rights, privileges, or access to public services may be denied or abridged because he or
LAST ACTION: Held under
she is homeless, has a low income, or suffers from a mental illness or physical disability. Precludes
submission
any type of enforcement on the City's part regarding the homeless population in Tustin, other
than the typical criminal violations.
GOVERNOR
BROWN'S PROPOSED FY 2013-2014 BUDGET
Bill #
Primary
Budget Priorities
Status
Major Issues/ Opportunities
Author
a A A&��J
L dLdd
N/A
—
Governor
• More funding and local control for schools. Proposes to eliminate categorical school funding in favor of
1/10/13 — Introduced by the
• In the May Revise, the Governor
Brown
using a Local Control Funding Formula. Included in the Governor's proposal is transitioning Adult Education
Governor
proposes to take $75 million from
from School Districts to Community Colleges.
5/14/13 — May Revise
Enterprise Zones (LAMBRAs),
• Health Care Reform Implementation. The Federal Affordable Care Act will require mandatory expansion
effectively eliminating them. The
and the State budget outlines two alternatives: a state -based approach and county -based approach. These
elimination of Enterprise Zones and
options are intended to start a conversation about how to move health care reform forward.
LAMBRAs would remove the
• Enterprise Zones. Reforms the Enterprise Zone program through regulatory changes. Limits
incentives available for future
retrovouchering by requiring all voucher applications to be made within one year of the date of hire.
businesses locating within Tustin
Streamlines the vouchering process for hiring veterans and recipients of public assistance.
Legacy.
• Transportation. 13% of the annual state transportation revenues are dedicated to offsetting debt service
• Tustin Legacy LAM BRA recently
costs from almost $30 million of general obligation bonds for transportation purposes. The budget uses
issued 50 Hiring Tax Credit
$67 million of miscellaneous state highway account revenues to partially offset transportation bond debt
Vouchers, representing a potential
services costs. As a result, local transportation funding is not anticipated to be affected.
savings to the employer in
• Infrastructure. The Governor intends to release a five-year infrastructure plan later this year, outlining the
employee costs of approximately
infrastructure priorities for the next five years. Indications are that the plan will rely less on future voter-
$1.6 million over a five-year period.
authorized general obligation bonds than the state have over the past decade. In reviewing the Governor's
• Infrastructure demands and
budget, the Legislative Analyst's Office indicates that if the state elects to maintain its current policies
transportation debt services costs
relating to infrastructure, meeting these infrastructure demands likely would require the Legislature to
could affect local funding in the
shift a larger share of the state's budget to infrastructure.
future.
• 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.
Legislation that passed house of origin
INFRASTRUCTURE
FINANCING DISTRICTS
Bill #
Primary
Description of Bill
tus
Major Issues/ Opportunities
Author
SB 33
Wolk
• Eliminates the requirement of voter approval in regards to creating an infrastructure financing
5/16/13
Provides more flexibility in creating
district, adopting the plan and issuing bonds.
LAST ACTION: Assembly, referred
an Infrastructure Financing District
• Authorizes a newly created public financing authority, consisting of 3 members of the city council
to Committee
and does not preclude former
and 2 members of the public, to adopt the infrastructure financing plan, subject to the approval
COMMITTEE LOCATION: Local
Redevelopment Project Areas from
by the legislative body, and majority vote of the authority by resolution.
Government
HEARING DATE: 6/12/13
becoming Infrastructure Districts.
• Creates a public accountability committee, as specified, to review the actions of the public
4/11/13 Passed in the Senate (24 -
financing authority.
13)
• 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
5/23/13
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: Referred to
2/3 voter approval necessary to
maturity date of up to 30 years.
Committee. On 5/9/13, passed
form a district and to issue debt.
• Authorizes a district to finance projects in former redevelopment project areas and former
the Assembly (71-3) and ordered
military bases.
to Senate.
COMMITTEE LOCATION:
Governance & Finance
HEARING DATE: 6/5/13
4/8/13 AMENDED
AB 243
Dickinson
• Authorizes the creation of an infrastructure and revitalization financing district and the issuance
5/23/13
Provides for the formation of an
of debt with 55% voter approval.
LAST ACTION: Ordered to
infrastructure financing district
• Authorizes the creation of a district for up to 40 years and the issuance of debt with a final
Committee. On 5/9/13, passed
within publicly owned land on a
maturity date of up to 30 years.
the Assembly (44-29) and ordered
former military base without voter
• Authorizes a district to finance projects in former redevelopment project areas and former
to Senate.
COMMITTEE LOCATION:
approval.
military bases.
Governance & Finance
• Provides that the formation of the district and the issuance of bonds on land of a former military
HEARING DATE: 6/12/13
base that is publicly owned is NOT subject to voter approval.
AB 294
Holden
• The Bill was AMENDED to create a pilot program.
5/24/13
AMENDED to create a pilot program
• Local -State Joint Investment Partnership Pilot Program — establishes a pilot program whereby certain local
LAST ACTION: Held under
and no longer considering an
government entities, upon the approval and oversight of the Infrastructure and Economic Development
submission.
Infrastructure Financing District.
Bank, are authorized to reallocate their payments directed to the Educational Revenue Augmentation Fund
COMMITTEE LOCATION:
Approximately 18 cents of every City of
to instead finance certain kinds of public works that further state policy, as specified.
Appropriations
Tustin property tax dollar could be
5/06/13 AMENDED
available.
INFRASTRUCTURE
FINANCING DISTRICTS
Bill #
Primary
Description of Bill
Major Issues/ Opportunities
Author
JIM
AB 662
Atkins
• Deletes the prohibition on infrastructure financing districts including any portion of a
5/24/13
Allows former redevelopment
redevelopment project area
LAST ACTION: Re-referred to
project areas to be included in an
Committee
infrastructure financing district.
COMMITTEE LOCATION:
Governance & Finance
HEARING DATE: 6/5/13
4/25/13 Passed Assembly (76-0)
AB 690
Campos
• Provides for the creation of jobs and infrastructure financing districts without voter approval.
4/15/13
The Author's Amendments eliminate
LAST ACTION: Hearing postponed
voter approval requirements.
SB 628
Beall
• Eliminates the requirement of voter approval for the adoption of an infrastructure financing plan,
6/3/13
Eliminates voter approval
the creation of an infrastructure financing district, and the issuance of bonds with respect to a
LAST ACTION: Assembly, referred
requirements but does require 25%
transit priority project.
to Committee. On 5/20/13
of tax increment revenues be
• Requires a city that uses infrastructure financing district bonds to finance its transit priority
Passed in the Senate (24-11).
expended on affordable housing
project to use at least 25% of the tax increment revenue for affordable housing.
Ordered to Assembly.
for extremely low, very low and
• Extends the date at which the infrastructure finance district ceases to exist to 40 years from the
COMMITTEE LOCATION: LocalGovernment
low income households.
current 30 years.
5/14/13 AMENDED
ECONOMIC
DEVELOPMENT
Bill #
Primary
Description of Bill
Status
Major Issues/ Opportunities
Author
SB 1
Steinberg
GENERAL PROVISIONS
5/29/13
• Includes a provision for the receipt
• Establishes Sustainable Communities Investment Areas that are able to use tax increment revenue
LAST ACTION: In Assembly, held
of tax increment funds.
o In order to receive tax increment from other taxing entities (school districts are excluded), the taxing
at desk. On 5/28/13, passed the
• A limited area of MCAS Tustin
entity must authorize by resolution the allocation of tax increment (all or a portion).
Senate (27-11) and ordered to the
would be eligible, all properties no
o An Area must include one of the following:
Assembly.
more than one-half mile from the
• Transit priority project area; May include a military base reuse plan that meets of the definition of
COMMITTEE LOCATION: N/A
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
between 55 Freeway and
• The Authority is responsible for creating Sustainable Communities Investment Plan
5/02/13 AMENDED
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 Investment Authority.
regarding a Finding of Completion.
ECONOMIC DEVELOPMENT
Bill # Primary Description of Bill
A&
Major Issues/ Opportunities
Author
AB 53
Perez
• Requires the Governor's Office of Business and Economic Development to lead the preparation
6/03/13
of a California Economic Development Strategic Plan, including convening a series of meetings to
LAST ACTION: Referred to
provide recommendations regarding an economic development strategic plan.
Committee. On 5/30/13, passed
• Recommends all state policies and programs conform to the adopted state economic and
in the Assembly (55-21) &
business development goals.
ordered to Senate
COMMITTEE LOCATION: Rules
AMENDED: 5/24/13
AB 10
Alejo
Proposes to increase minimum wage, on and after January 1, 2014 to not less than $8.25/hr, on and
6/3/13
after January 1, 2015 to not less than $8.75/hr, and on and after January 1, 2016 to not less than
LAST ACTION: Passed in the
$9.25/hr.
Assembly (45-27), Ordered to
Senate, Read & Referred to
Committee
COMMITTEE LOCATION: Rules
ENTERPRISE
ZONES/LAMBRA
Bill #
Primary
Description of Bill
T
E60
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.
LAST ACTION: Re-referred to
Committee
AB 9
Holden
Originally, the Bill appeared to be a placeholder with limited language declaring the intent of the
4/23/13
Legislature to enact legislation that promotes job and business growth and encourages economic
LAST ACTION: Hearing
development. The Bill was AMENDED on 3/19/13 to address Hiring Tax Credits in Enterprise Zones.
cancelled
• Modifies the definition of a qualified employee, as specified, and requires qualified wages to
exceed an average monthly wage of $2,000, as specified.
AFFORDABLE HOUSING
Bill # Primary Description of Bill Status Major Issues/ Opportunities
Author Alm 1 4, = &
SB 341
DeSaulnier
----
• Provides that funds in the Low and Moderate Income Housing Asset Fund be used in accordance
5/30/13
Expands the use of the Low and
with applicable housing -related provisions of the Community Redevelopment Law. Requires
LAST ACTION: Re-referred to
Moderate Income Housing Asset
funds be expended for the purpose of monitoring and preserving the long-term affordability of
Committee
Fund.
the units subject to affordability restrictions or covenants, for homeless prevention and rapid
COMMITTEE LOCATION:
rehousing services to individuals and families who are homeless or would be homeless but for
Housing & Community
this assistance, and for the development of affordable housing.
Development
• Provides that any program income generated may be expended anywhere within the jurisdiction
of the housing successor without a finding of benefit.
5/6/13 Passed Senate (34-0)
• Requires the housing successor to conduct and provide to its governing body an independent
5/30/13 AMENDED
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'
5/30/13
A new'tax'.
• Imposes a fee of $75 to be paid at the time of the recording of every real estate instrument,
LAST ACTION: In Assembly,
Through a competitive process, a
paper, or notice required or permitted by law to be recorded.
Read and Held at Desk. On
potential source of funds for
• Revenues sent quarterly to the Department of Housing and Community Development (HCD) to
5/29/13, passed in Senate (27-
affordable housing.
deposit in the California Homes and Jobs Trust Fund.
12) and ordered to Assembly.
• Funds may be expended for supporting affordable housing, administering housing programs, and
the cost of periodic audits.
COMMITTEE LOCATION: N/A
• Amended to require HCD to report on efforts to promote a geographically balanced distribution
of funds.
• Amended to take effect immediately as an urgency statute.
5/20/13 AMENDED
• Amended to require the Department of Industrial Relations to monitor and enforce prevailing
wage requirements for construction contracts for certain public works projects over $1,000,000,
that are funded, in whole or in part by the bill. The bill would authorize the department to charge
each person or entity awarding a construction contract for the reasonable and directly related
costs of the monitoring and enforcement activities.
SUCCCESSOR AGENCY/OVERSIGHT
BOARD
Bill #
Primary
W Description of Bill
Status
Major Issues/ Opportunities
Author
AB 564
Mullin
• Prohibits the Department of Finance from taking anyfuture action to modifythe enforceable
6/03/13
Prohibits the Department of
obligations, including loan agreements between cities and former redevelopment agencies,
LAST ACTION: Referred to
Finance from revisiting items
following the effective date of the approval of those enforceable obligations after review by the
Committee. On 5/30/13,
previously approved by the
oversight board and the Department.
passed the Assembly (77-0)
Department.
• Prohibits the Department of Finance from taking any future action to modify a transfer of
and ordered to the Senate.
property, or the liquidation of property and the use of proceeds, if the transfer, liquidation, or
COMMITTEE LOCATION: Rules
use of proceeds is consistent with the approved plan of the successor agency.
3/12/13 AMENDED
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
5/24/13
Former military bases that are
1080
development of a community revitalization plan to carry out certain provisions of Community
LAST ACTION: Referred to
principally characterized by
Redevelopment Law.
Committee. On 5/24/13,
deteriorated or inadequate
• The community revitalization plan would include a provision for the receipt of tax increment
passed the Assembly (54-16)
infrastructure or structures are
funds.
and ordered to the Senate.
eligible.
• Must dedicate 25% of tax increment revenue for affordable housing purposes.
COMMITTEE LOCATION: Rules
5/20/13 AMENDED