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HomeMy WebLinkAbout11 LEGISLATIVE UPDATEAgenda Item 11— Reviewed: AGENDA REPORT City Manager Finance Director AA MEETING DATE: MAY 1, 2018 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JEFFREY C. PARKER, CITY MANAGER SUBJECT: LEGISLATIVE UPDATE SUMMARY: Staff has prepared an update of proposed key California legislative items for 2018. RECOMMENDATION: At the direction of the City Council. NEW ITEMS (SINCE LAST UPDATE) Initiative 17-0051 1 "Tax Fairness, Transparency and Accountability Act" State Ballot Measure Restricting Local Taxing Authority The "Tax Fairness, Transparency and Accountability Act" would drastically limit local revenue authority. In part, it eliminates local authority to impose a tax for general purposes by majority vote and instead requires all local proposed tax increases subject to a two- thirds vote. This proposal also requires two-thirds approval of all members of the local legislative body before a tax can be placed on the ballot. It also requires that a tax contained in a regulation adopted by a state agency must be approved by two -third vote of the Legislature. For cities and other local agencies, it applies retroactively and may void some local measures approved by local voters on or after Jan. 1, 2018. League of California Cities — OPPOSE Status - Under circulation for signatures and proposed for the November ballot. AB 1912 (Rodriguez) I Public Employees' Retirement: Joint Powers Agreements Local governments have a long history of addressing service delivery challenges with creativity, self-reliance and innovation. Unique local challenges and limited resources continue to fuel innovative efforts to obtain expertise and provide high quality services. Legislative Update May 1, 2018 Page 2 Joint Powers Authorities (JPAs) play a vital role in promoting regional and, in some cases, statewide collaboration in addressing public needs that cannot be effectively achieved by each local government agency acting on its own. These activities include regional public improvements, local and statewide infrastructure for water and roadways, emergency communications systems, law enforcement, fire protection, emergency medical services, and public financing, among others. AB 1912 places substantial burdens and new unworkable requirements on local and state agencies. It applies retroactive as well as prospective joint and several liabilities for all retirement related obligations to any current or former member of a JPA since inception. Such obligations include active employee normal pension costs, retiree unfunded accrued liabilities (UAL), as well as both active and retiree healthcare and other post -employment retirement benefits (OPEBs). These costs cannot be overstated. Additionally, AB 1912 would mandate that a public retirement system, like California Public Retirement System (CaIPERS), 37 Act System, or a city -based retirement systems file suit against all local or state agencies that have ever been a member of a terminated JPA for all retirement related obligations. It also prohibits any retirement system from approving a new JPA without a contract containing express joint and several liability provisions. League of California Cities — OPPOSE (HOT) Location: In Policy Committee UPDATES OF PRIOR ITEMS (LAST UPDATE APRIL 3, 2018) Initiative 17-0044 1 "Reducing Crime and Keeping California Safe Act of 2018" In response to a dramatic rise in crime since passage of Proposition 47, Proposition 57 and AB 109, this statutory measure proposes to: 1: Increase penalties for certain theft -related crimes by reinstating felony convictions for serial theft when a person is caught stealing for a 3rd time with a value of $250; 2. Change nonviolent offender release consideration processes and expand the list of violent crimes for which early release is not an option; 3. Change community supervision practices by requiring the Board of Parole Hearings to consider an inmate's entire criminal history when deciding parole and require a mandatory hearing to determine whether parole should be revoked for any parolee who violates the terms of his/her parole for the third time. 4. Reinstate DNA collection for crimes that were reduced to misdemeanors under Prop 47. Legislative Update May 1, 2018 Page 3 League of California Cities — SUPPORT Status - Cleared for circulation by the Secretary of State to qualify for the November 2018 ballot. SB 623 (Monning) I Water quality: Safe and Affordable Drinking Water Fund Would establish the Safe and Affordable Drinking Water Fund in the State Treasury and would provide that moneys in the fund are continuously appropriated to the State Water Resources Control Board. The bill would require the board to administer the fund to secure access to safe drinking water for all Californians, while also ensuring the long- term sustainability of drinking water service and infrastructure. The bill would authorize the state board to provide for the deposit into the fund of federal contributions, voluntary contributions, gifts, grants, bequests, and settlements from parties responsible for contamination of drinking water supplies. League of California Cities — OPPOSE UNLESS AMENDED Association of California Cities Orange County —OPPOSE Location: In Assembly Policy Committee AB 3160 (Grayson) I Federal public lands conveyances: Defense BRAC Pursuant to last year adoption of SB 50, existing law generally establishes a policy of the state to discourage conveyances of federal public lands in California from the federal government. Existing law specifies that these conveyances are void ab initio unless the State Lands Commission was provided with the right of first refusal or the right to arrange for the transfer of the federal public land to another entity. Existing law exempts the sale of real property acquired by a federal agency through a foreclosure proceeding from these provisions. This bill would additionally exempt from these provisions the sale or lease of surplus or excess real property that is authorized for disposal or realignment by the federal government during the base realignment and closure process, as specified. League of California Cities — WATCH Location: In Policy Committee UPDATES OF PRIOR ITEMS (LAST UPDATE MARCH 7, 2018) PLANNING AND ZONING SB 827 (Wiener) I Planning and Zoning: Transit -Rich Housing Bonus Authorizes a transit -rich housing project to receive a transit -rich housing bonus. The bill would define a transit -rich housing project as a residential development - project the parcels of which are all within a 1 -mile radius of a major transit stop or a 1/4 -mile radius of a high quality transit corridor, as those terms are further defined. The bill would exempt Legislative Update May 1, 2018 Page 4 a project awarded a housing opportunity bonus from various requirements, including maximum controls on residential density or floor area ratio, minimum automobile parking requirements, design standards that restrict the applicant's ability to construct the maximum number of units consistent with any applicable building code, and maximum height limitations. League of California Cities — OPPOSE (Hot) Association of California Cities Orange County — OPPOSE UNLESS AMENDED Location: Failed passage in the Senate Transportation and Housing Committee with only four "aye" votes. SB 828 (Wiener) I Land Use: Housing Element (RHNA) The Planning and Zoning Law requires a city or county to adopt a comprehensive, long- term general plan for the physical development of the city or county and of any land outside its boundaries that bears relation to its planning. Mainly contains "intent language"; requires a local jurisdiction to plan accommodate 200% of RHNA, and establish a methodology for the comprehensive assessment for unmet housing need. League of California Cities — WATCH Association of California Cities Orange County - WATCH Location: In Policy Committee SB 1340/1341 (Glazer) I CEQA: Housing Projects & Judicial Review Two bills that would streamline the California Environmental Quality Act (CEQA) as it relates to litigation and judicial review pertaining to housing projects. More information to follow. League of California Cities — WATCH Location: In Policy Committee AB 1771 (Bloom) I Regional Housing Needs Assessment Spot bill that would enact legislation that would make changes to the process for distributing regional housing needs (RHNA) to various jurisdictions to ensure fairness and the achievement of stated goals regarding housing. League of California Cities — WATCH Association of California Cities Orange County - WATCH Location: In Policy Committee Legislative Update May 1, 2018 Page 5 AB 1759 (McCarty) ( General plans: Housing element: Production report: Withholding of transportation funds Would require planning agencies to provide an annual report to the State on the status of the general plan and progress in meeting the community's share of regional housing needs. Essentially, if jurisdictions due not meet their housing goals, those jurisdictions would be disqualified from receiving transportation (SB 1) funding. League of California Cities — WATCH Association of California Cities Orange County - WATCH Location: In Policy Committee AB 2631 (T. Allen) - Planning and zoning: Affordable housing: Streamlined approval At the request of a developer, requires cities to approve, in a ministerial manner, housing projects that: contain fewer than 25 units, the development provides housing to low and moderate income families, and the development is in a public transit corridor. Would limit design review, have no parking requirements, and prohibit inclusionary requirements. League of California Cities — WATCH Location: In Policy Committee AB 2856 (Melendez) I California Environmental Quality Act: Housing Development CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. This bill would, except as provided, prohibit the court, in an action or proceeding brought alleging a violation of CEQA, from staying or enjoining the siting, construction, or operation of housing development projects, as defined. League of California Cities — WATCH Location: In Policy Committee AB 3147 (Caballero) I Fee Mitigation Act: Housing Developments Prohibits a housing development project from being subject to a fee, charge, dedication, reservation, or other exaction that is more than that in effect at the time that the application for the housing development project is determined to be complete. League of California Cities — WATCH Location: In Policy Committee Legislative Update May 1, 2018 Page 6 ACCESSORY DWELLING UNITS SB 831 (Wieckowski) - Land Use: Accessory Dwelling Units This bill would delete the requirement that the area be zoned to allow single-family or multifamily use. Local agency must act within 120 days of submitted application or it is deemed approved. Would not require a minimum lot size unless findings related to public safety impacts are made. No fees of any kind would.be allowed to be collected or levied. League of California Cities — WATCH Association of California Cities Orange County — OPPOSE UNLESS AMENDED Location: In Policy Committee AB 2071 (Bloom) I Accessory dwelling units: Improvements: Liability Limits a public entities liability with regard to an owner attempting to bring the accessory dwelling unit into compliance with applicable local agency rules, regulations, or ordinances. League of California Cities — WATCH Location: In Policy Committee AB 2939 (Ting) I Accessory dwelling units Requires the local agency to ministerial approve an application for a building permit to create within a multifamily zone at least one accessory dwelling unit within an existing multifamily structure with at least 5 residential units. League of California Cities — WATCH Location: In Policy Committee SB 1226 (Bates) I Building standards: Accessory dwelling units Allows a local ordinance to authorize, when a record of the issuance of a building permit for an accessory dwelling unit does not exist, an enforcement official to make a determination of when the accessory dwelling unit was constructed and apply the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations in effect when the accessory dwelling unit was determined to be constructed in order to issue a building permit for the accessory dwelling unit. League of California Cities — WATCH Location: In Policy Committee Legislative Update May 1, 2018 Page 7 DENSITY BONUS SB 893 (R. Nguyen) I Planning and zoning: Density bonus Deletes existing law that restricts parking requirements for developments that include the maximum percentage of low-income or very low-income units located within Y2 mile of a major transit stop. League of California Cities — WATCH Location: In Policy Committee SB 1227 (Skinner) I Density Bonuses Requires a density bonus to be provided if the development includes at least 20% of the total rental beds for students enrolled at an institution of higher education accredited by the Western Association of Schools and Colleges. Requires that these units be subject to a recorded affordability restriction of 55 years and be provided at the same affordability level as very low income units; sets the density bonus at 35% of the number of these units. League of California Cities — WATCH Location: In Policy Committee AB 2372 (Gloria) I Planning and zoning: Density bonus: FAR bonus Authorizes a city council or county board of supervisors to establish a procedure by ordinance to grant a developer of an eligible housing development a floor area ratio (FAR) bonus in lieu of a density bonus awarded on the basis of dwelling units per acre. Restricted to multifamily developments. League of California Cities — WATCH Location: In Policy Committee AB 2753 (Friedman) I Density bonuses: Density bonus application Requires that if a city or county does not determine whether a density bonus application is complete within 30 calendar days after it was submitted, or within 10 days in the case of a resubmitted application, then that application is deemed approved. City or county must act with 60 days of determining application is complete, otherwise, bonus is approved. League of California Cities — WATCH Location: In Policy Committee Legislative Update May 1, 2018 Page 8 AB 2797 (Bloom) I Planning and zoning: Density bonuses Prohibits any density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios from being a basis for finding a project inconsistent with "highly scenic areas" (Public Resources Code 30251). League of California Cities — WATCH Location: In Policy Committee PARKING AND AUTONOMOUS VEHICLES AB 87 (Ting) I Autonomous Vehicles Requires vehicle manufacturers provide written notification to local authorities if an autonomous vehicle, is being operated in their jurisdiction. The manufacturer must provide law enforcement with an interaction plan, which instructs law enforcement on how to interact with autonomous vehicles. League of California Cities — SUPPORT IF AMENDED Location: In Senate Policy Committee AB 2263 (Friedman) I State historical buildings: Parking Spaces For the conversion of a historical structure for residential or mixed use purposes, prohibits a local ordinance from imposing parking standards that exceed the parking standards that applied at the time the historical building was originally constructed. League of California Cities — WATCH Location: In Policy Committee AB 3000 (Friedman) I Land use: New housing developments: Parking requirements Prohibits a city, county, or city and county from imposing minimum parking requirements for new housing developments where off-street parking is permitted. League of California Cities — WATCH Location: In Policy Committee HOMELESSNESS AB 2161 (Chiu) I Housing: Homeless integrated data warehouse Directs the Department of Housing and Community Development to create a state homeless integrated data warehouse, in coordination with the Homeless Coordinating and Financing Council, to develop a composite portrayal of the homeless population in the state and the services provided to this population or to those at risk of becoming Legislative Update May 1, 2018 Page 9 homeless. Data includes: the number of individuals and families experiencing homelessness, their access to benefits, and the stated reasons for their homelessness. League of California Cities — WATCH Location: In Policy Committee AB 2162 (Chiu) I Planning and zoning: Housing development: Supportive Housing Requires that supportive housing be a use by right in zones where multiple dwelling uses are permitted, including commercial zones. Projects must be subject to recorded affordability restrictions for 55 years; 100% of the units are dedicated to "low-income households"; and, 35% of the units are restricted to supportive housing. League of California Cities — WATCH Location: In Policy Committee AB 3171 (Ting) I Homeless Persons Services Block Grant Establishes the Local Homelessness Solutions Program and creates the Local Homelessness Solutions Account for the purpose of providing funding to cities to create innovative and immediate solutions to the problems caused by homelessness. Allocates an unspecified amount of General Funds. League of California Cities — WATCH Location: In Policy Committee SB 918 (Wiener) I Homeless Youth Act of 2018 Establishes the Office of Homeless Youth in the Department of Housing and Community Development. Requires the office to identify funding, policy, and practice gaps across state systems that serve, or hold the potential to serve, young people experiencing homelessness, develop specific recommendations and timelines for addressing these gaps, and report to the Legislature. Appropriates up to $60 million in General Funds for grants to nonprofits or a continuum of care administrative entity. League of California Cities — WATCH Location: In Policy Committee OTHER AB 3162 (Friedman) I Alcoholism or drug abuse recovery or treatment facilities Requires, for any licensing application submitted on or after January 1, 2019, the department to deny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration. Requires the Legislative Update May 1, 2018 Page 10 department, at least 45 days prior to approving any application for any new facility, to post on its Internet Web site the address of the proposed new facility. League of California Cities — SUPPORT Association of California Cities Orange County — SUPPORT Location: In Policy Committee AB 3194 (Daly) I Housing Accountability Act: Project approval Prohibits a housing development project from being found inconsistent, not in compliance, or not in conformity, with the applicable zoning ordinance, and would prohibit a local government from requiring a rezoning of the project site, if the existing zoning ordinance does not allow the maximum residential use, density, and intensity allowable on the site by the land use or housing element of the general plan. League of California Cities — WATCH Location: In Policy Committee SB.833 (McGuire) I Emergency Alerts: Evacuation orders: Operators Requires the Office of Emergency Services (OES) to ensure that each emergency management office within a city or county is a registered federal Wireless Emergency Alert (WEA) operator and has functional, up-to-date WEA software and annual training for operation of the WEA system. Additionally, this bill would require a "red alert" system designed for quick response to issue and coordinate alerts for evacuation orders and to incorporate the system into a variety of notification resources, including the state -utilized emergency notification system inclusive of local digital signs, radio, television, text messaging, or other technologies. League of California Cities — SUPPORT (Hot) Association of California Cities Orange County — SUPPORT Location: In Policy Committee SB 946 (Lara) I Sidewalk Vendors Prohibits a local authority from adopting rules or regulations that regulate or prohibit sidewalk vendors unless it first adopts a sidewalk vending licensing program that requires a sidewalk vendor to obtain a license from the local authority before selling food or merchandise. Prohibits restricting the location of a licensed sidewalk vendor unless the restriction is directly related to objective health, safety, or welfare concerns. Prohibits restricting licensed sidewalk vendors from selling food or merchandise in a park. League of California Cities — WATCH Location: In Policy Committee Legislative Update May 1, 2018 Page 11 JUNE 2018 STATEWIDE BALLOT PARKS AND WATER BOND PROPOSITION 681 Parks, Environment, and Water Bond SB 5 (De Leon) places a $4 billion bond on the June 2018 statewide ballot for parks, water, and climate and environmental programs. If the voters approve SB 5, local governments will receive funding for local park improvements and will be eligible for numerous grants to fund water, local parks, coastal and climate resiliency projects. Parks Funding (Total $1.283 billion), Water Funding (Total $1.19 billion), Climate and Environmental Programs Funding (Total $1.547 billion). League of California Cities — SUPPORT TRANSPORTATION PROTECTION PROPOSITION 69 1 Transportation Taxes and Fees Lockbox and Appropriations Limit Exemption Amendment Cities and counties are beginning projects road repairs with SB 1 funds, filling pot holes, resurfacing streets, fixing bridges, improving sidewalks, expanding bike lanes and more. Voters have an opportunity in June to prevent the Legislature from diverting transportation funds with Proposition 69. Supported by the League and the Coalition to Protect Local Transportation Improvements, the measure adds constitutional protections to new revenues generated by SB 1 and ensures that these funds can be used only for transportation improvement purposes. League of California Cities — SUPPORT NOVEMBER 2018 STATEWIDE BALLOT HOUSING BOND SB 3 (BEALL) I Veterans and Affordable Housing Bond Act of 2018. This measure places a $4 billion general obligation bond on the November 2018 ballot to fund affordable housing programs and the veteran's homeownership program (CalVet). If approved by voters, SB 3 would fund the following existing programs: Multifamily Housing Program ($1.513), Transit -Oriented Development Implementation Program ($150M), Infill Incentive Grant Program ($300M), Joe Serna, Jr. Farmworker Housing Grant Fund ($300M), Local Housing Trust Fund Matching Grant Program ($300M), CalHome Program ($300M), Self -Help Housing Fund ($150M), and Calvet Home Loan Program ($1 B). League of California Cities — SUPPORT