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HomeMy WebLinkAbout13 LEGISLATIVE UPDATEAgenda Item 13 Reviewed: AGENDA REPORT City Manager Finance Director N/A MEETING DATE: APRIL 2, 2019 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MATTHEW S. WEST, ACTING CITY MANAGER SUBJECT: LEGISLATIVE UPDATE SUMMARY: Staff has prepared a summary of state legislative activity. RECOMMENDATION: 1. Receive and file the legislative matrix. 2. Take a SUPPORT position on AB 147 (Burke — D) Use taxes: collection: retailer engaged in business in this state: marketplace facilitators. 3. Take an OPPOSE position on AB 1568 (McCarty — D) General plans: housing element: production report: withholding of transportation funds. 4. Other actions at the pleasure of the City Council. FISCAL IMPACT: Not applicable. DISCUSSION: 2019 Legislative Session The California Legislature officially reconvened on January 7, 2019, the first year of a two- year legislative session. The Assembly membership currently consists of 61 Democrats and 19 Republicans (3/4 supermajority for Democrats), while the Senate membership is composed of 28 Democrats and 10 Republicans, with two vacancies (2/3 supermajority for Democrats). Between January 7 and February 22, 1,824 bills and 12 constitutional amendments have been introduced in the Assembly, while 788 bills and 5 constitutional amendments have been introduced in the Senate covering a wide variety of issues. Many bills have been introduced as "spot bills," meaning the true language will not be introduced for some time. Agenda Report — Legislative Update April 2, 2019 Page 2, This will be the first legislative year with newly elected Governor Gavin Newsom reviewing and signing or vetoing bills. The full legislative calendar has been attached for reference, but below are some key dates for the 2019 legislative year: - April 26: Last day for policy committees to meet and report fiscal bills to fiscal committees - May 31: Bills must be passed out of the house of origin - June 15: Budget Bill must be passed by midnight - September 13: Last day for each house to pass bills - October 13: Last day for Governor to sign or veto bills Legislative Matrix An initial legislative tracking matrix based on the early versions of bills as well as bills tracked by the League of California Cities (LOCC), the Association of California Cities — Orange County (ACC -OC) and other state and local associations is attached. The matrix is sorted by bill category. Recommended Positions on Legislation Based on the early versions of bills, staff is recommending taking positions on two pieces of legislation as of March 22"d. A brief summary of each bill is included below, and the bill text and a sample position letter has been attached. SUPPORT AB 147 (Burke — D) Use taxes: collection: retailer engaged in business in this state: marketplace facilitators. AB 147 is California's implementation of the landmark US Supreme Court holding of South Dakota v. Wayfair, Inc., (2018). This bill will result in the collection of hundreds of millions of dollars for state and local agencies from out of state and Internet -based sales. This measure will help level the playing field for brick and mortar retailers. LOCC: Support - ACC -OC: Pending Support (on Leg Committee agenda) OPPOSE AB 1568 (McCarty — D) General plans: housing element: production report: withholding of transportation funds. AB 1568 would penalize local agencies by withholding SB 1 public road maintenance funds if regional housing needs are not met. This is the legislative version of Governor Newsom's "carrot and stick" proposal to build more housing. LOCC: Oppose Agenda Report — Legislative Update April 2, 2019 Page 3 - ACC -OC: Pending opposition (on Leg Committee agenda) There are other high profile bills that staff has highlighted in the legislative matrix that staff may propose recommendations on in the future, including: - SB 5 (Beall — D): Affordable Housing and Community Development Investment Program - SB 50 (Weiner — D): Planning and zoning: housing development: incentives - ACA 1 (Aguiar-Curry — D): Local government financing: affordable housing and public infrastructure: voter approval. Staff is available for any questions the Council may have. Attachments: - Legislative calendar - Legislative tracking matrix - AB 147 draft support letter - AB 1568 draft opposition letter 2019 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE OFFICE OF THE ASSEMBLY CHIEF CLERK AND THE OFFICE OF THE SECRETARY OF THE SENATE Revised 10-31-18 JANUARY S M T W TH F S Wk. 4 1 1 2 3 4 5 Wk. 1 6 7 8 9 10 11 12 Wk.2 13 14 15 16 17 18 19 Wk.3 20 21 22 23 24 25 26 Wk.4 27 28 29 30 31 29 30 FEBRUARY S M T W TH F S Wk. 4 1 2 3 4 1 2 Wk.1 3 4 5 6 7 8 9 Wk.2 10 11 12 13 14 15 16 Wk.3 17 18 19 20 21 22 23 Wk.4 24 25 26 27 28 29 30 MARCH S M T W TH F S Wk. 4 1 2 3 4 1 2 Wk'1 3 4 5 6 7 8 9 Wk.2 10 11 12 13 14 15 16 Wk.3 17 18 19 20 21 22 23 Wk.4 24 25 26 27 28 29 30 Wk. 1 31 APRIL S M T W TH F S Wk.1 1 2 3 4 5 6 Wk.2 7 8 9 10 11 12 13 Spring Recess 14 15 16 17 18 19 20 Wk.3 21 22 23 24 25 26 27 Wk.4 28 29 30 29 L_ 31 MAY S M T W TH F S Wk.4 1 2 3 4 Wk.l 5 6 7 8 9 10 11 Wk.2 12 13 14 15 16 17 18 Wk.3 19 20 21 22 23 24 25 No Hrgs. 1 26 27 28 29 30 31 *Holiday schedule subject to final approval by Rules Committee. DEADLINES Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)). Jan. 7 Legislature reconvenes (J.R. 51(a)(1)). Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12(a)). Jan. 21 Martin Luther King, Jr. Day. Jan. 25 Last day to submit bill requests to the Office of Legislative Counsel. Feb. 18 Presidents' Day. Feb. 22 Last day for bills to be introduced (J.R. 61(a)(1), J.R. 54(a)). Mar. 29 Cesar Chavez Day observed. Apr. 11 Spring Recess begins upon adjournment (J.R. 51(a)(2)). Apr. 22 Legislature reconvenes from Spring Recess (J.R. 51(a)(2)). Apr. 26 Last day for policy committees to meet and report to fiscal committees fiscal bills introduced in their house (J.R. 61(a)(2)). May 3 Last day for policy committees to meet and report to the floor non -fiscal bills introduced in their house (J.R. 61(a)(3)). May 10 Last day for policy committees to meet prior to June 3 (J.R. 61(a)(4)). May 17 Last day for fiscal committees to meet and report to the floor bills introduced in their house (J.R. 61(a)(5)). Last day for fiscal committees to meet prior to June 3 (J.R. 61(a)(6)). May 27 Memorial Day. May 28-31 Floor session only. No committee may meet for any purpose except Rules Committee, bills referred pursuant to A.R. 77.2, and Conference Committees (J.R. 61(a)(7)). May 31 Last day for each house to pass bills introduced in that house (J.R. 61(a)(8)). OVER I Pagel of 2 2019 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE OFFICE OF THE ASSEMBLY CHIEF CLERK AND THE OFFICE OF THE SECRETARY OF THE SENATE Revised 10-31-18 JUNE S M T W TH F S No Hr s. 1 1 2 3 4 5 1 Wk.4 2 3 4 5 6 7 8 Wk.1 9 10 11 12 13 14 15 Wk.2 16 17 18 19 20 21 22 Wk.3 23 24 25 26 27 28 29 Wk.4 j 30 JULY S M T W TH F S Wk.4 1 1 2 3 4 5 6 Wk.1 7 8 9 10 11 12 13 Summer 14 15 16 17 18 19 20 Recess 18 19 20 21 22 23 24 Summer 21 22 23 24 25 26 27 Recess Summer 28 29 30 31 26 27 28 Recess AUGUST S M T W TH F S Summer Recess 1 2 3 4 1 2 3 Summer Recess 4 5 6 7 8 9 10 Wk.2 11 12 13 14 15 16 17 Wk.3 18 19 20 21 22 23 24 Wk.4 25 26 27 28 29 30 31 SEPTEMBER S M T W TH F S No 1 2 3 4 5 6 7 Hrgs. No 8 9 10 11 12 13 14 Hrgs. Interim 15 16 17 18 19 20 21 Recess interim 22 23 24 25 26 27 28 Recess Interim 29 30 Recess June 3 Committee meetings may resume (J.R. 61(a)(9)). June 15 Budget Bill must be passed by midnight (Art. IV, Sec. 12(c)(3)). July 4 Independence Day. July 10 Last day for policy committees to hear and report fiscal bills to fiscal committees (J.R. 61(a)(10)). July 12 Last day for policy committees to meet and report bills (J.R. 61(a)(11)). Summer Recess begins upon adjournment, provided Budget Bill has been passed (J.R. 51(a)(3)). Aug. 12 Legislature reconvenes from Summer Recess (J.R. 51(a)(3)). Aug. 30 Last day for fiscal committees to meet and report bills (J.R. 61(a)(12)). Sept. 2 Labor Day Sept. 3-13 Floor session only. No committees may meet for any purpose, except Rules Committee, bills referred pursuant to A.R. 77.2, and Conference Committees (J.R. 61(a)(13)). Sept. 6 Last day to amend bills on the floor (J.R. 61(a)(14)). Sept. 13 Last day for any bill to be passed (J.R. 61(a)(15)). Interim Recess begins upon adjournment Q.R. 51(a)(4)). IMPORTANT DATES OCCURRING DURING INTERIM RECESS 2019 Oct. 13 Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 13 and in the Governor's possession after Sept. 13 (Art. IV, Sec. 10(b)(1)). 2020 Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)). Jan. 6 Legislature reconvenes (J.R. 51(a)(4)). *Holiday schedule subject to final approval by Rules Committee. Page 2 of 2 City of Tustin Legislative Tracking Matrix As of March 22, 2019 S = Support O=Oppose Yellow: Hot LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Existing law requires local governments, when submitting for voter approval a bond measure that will be secured by an ad valorem tax, to provide the voters with a statement that includes estimates of the tax rates required to fund the Assembly - AB 610 Elections: local bond measures: tax rate Elections Obernolte (R) measure. Tax rates are expressed as the rate per $100 of assessed valuation on all property to be taxed to fund the bond Elections and statement measure. This bill would instead require that the tax rate be expressed as the rate per $100,000 of assessed valuation on Redistricting all property to be taxed to fund the bond measure. This bill would declare the intent of the Legislature to require each general law city and county to establish an Assembly - AB Elections: general law city and county independent redistricting commission that is modeled after the Citizens Redistricting Commission. The bill would require Elections Salas (D) Elections and 1724 redistricting each of those local jurisdictions to establish an independent redistricting commission for the purpose of adjusting the Redistricting boundary lines of districts for the legislative body of the local jurisdiction after each federal decennial census. This bill would authorize the proponent of a county, municipal, or district referendum to withdraw the referendum at any Senate -Elections Local referenda and charter amendments: time before the 88th day before the election, whether or not the petition has already been found sufficient by the SB 681 Elections Stern (D) &Constitutional withdrawal elections official. The bill would grant the same authority to withdraw to the proponent of an amendment of a city or Amendments county charter. Sales and use taxes: exemption: sanitary This bill, on and after January 1, 2020, would exempt from sales taxes the gross receipts from the sale in this state of, and Assembly - Christina AB 31 napkins: tampons: menstrual sponges and Finance the storage, use, or other consumption in this state of, tampons, sanitary napkins, menstrual sponges, and menstrual Revenue and Garcia (D) menstrual cups cups Taxation Assembly - This bill, until January 1, 2025, would exempt from sales taxes the gross receipts from the sale in this state of, and the AB 66 Sales and use taxes: exemption: diapers Finance Gonzalez (D) Revenue and storage, use, or other consumption in this state of, diapers for infants and toddlers. Taxation This bill would specify that, on and after April 1, 2019, a retailer engaged in business in this state includes any retailer Use taxes: collection: retailer engaged in that, in the preceding calendar year or the current calendar year, has a cumulative sales price from the sale of tangible Senate - AB 147 business in this state: marketplace Finance Burke (D) personal property for delivery in this state that exceeds $500,000. The bill would allow the department to grant relief to Governance & S Pending S facilitators. certain retailers engaged in business in this state for specified interest or penalties imposed on use tax liabilities due and Finance payable for tax reporting periods beginning April 1, 2019 and ending December 31, 2022. This bill would, commencing January 1, 2020, authorize a local agency to invest and deposit the agency's surplus funds in Local government: financial affairs: surplus Assembly -Local AB 945 Finance McCarty (D) deposits at specified types of financial institutions whether those investments are certificates of deposit or another form, funds Government and would increase the percentage of the local agency's funds that can be invested to 50%. This bill would require a local government by September 1, 2020, and annually thereafter, to submit a written report to the State Controller's office on how it plans to spend any of its budget reserves, as defined, on specified priorities over a 5 AB Boerner year fiscal period, including, among others, mental and behavioral health services and affordable housing. The bill would Assembly - Local Local government finance: budget reserves Finance 1640 Horvath (D) provide this reporting requirement only applies to a local government if the local government's budget reserve in the Government immediately preceding fiscal year was in excess of 30 percent of the total expenditures of the local government in that fiscal year. Local government financing: affordable Authorizes a city, county, or city and county, or special district to levy an ad valorem tax to fund the construction, Aguiar-Curry Assembly -Pending ACA 1 housing and public infrastructure: voter Finance reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive S (D) Referral approval. housing, or the acquisition or lease of real property for those purposes with 55% voter approval. Enhanced infrastructure financing districts: This bill would authorize an enhanced infrastructure financing district to issue bonds without submitting a proposal to Senate - 5B 158 Finance Beall (D) Governance & S bonds: issuance the voters. Finance City of Tustin Legislative Tracking Matrix As of March 22, 2019 S = Support O=Oppose Yellow: Hot LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Income taxes: credits low-income housing: This bill, under the law governing the taxation of insurers, the Personal Income Tax Law, and the Corporation Tax Law, for Assembly - Housing AB 10 Housing Chiu (D) calendar years beginning in 2020, would increase the aggregate housing credit dollar amount that may be allocated and Community S farmworker housing. among low-income housing projects by an additional $500,000,000 Development This bill would prohibit an ordinance from imposing requirements on minimum lot size, lot coverage, or floor area ratio, and would prohibit an ordinance from establishing size requirements for accessory dwelling units that do not permit at Assembly - Housing AB 68 Land use: accessory dwelling units. Housing Ting (D) least an 800 square feet unit of at least 16 feet in height to be constructed. This bill would instead require a local agency and Community to ministerially approve or deny a permit application for the creation of an accessory dwelling unit permit within 60 days Development of receipt. This bill would authorize HCD to submit written findings to a local agency as to whether the local ordinance on accessory dwelling units complies with state law, and to notify the Attorney General if the ordinance violates state law. The bill Assembly - Housing AB 69 Land use: accessory dwelling units. Housing Ting (D) would require a local agency to consider HCD's findings and would authorize the local agency to amend its ordinance to and Community comply with state law or adopt a resolution with findings explaining why the ordinance complies with state law, and Development addressing the department's findings. Emergency and Transitional Housing Act of Quirk -Silva This bill would require the general plan report to include the number of emergency shelter beds currently available within Assembly - Housing AB 139 2019 Housing (D) the jurisdiction and the number of shelter beds that the jurisdiction has contracted for that are located within another and Community jurisdiction, as specified. Development Veterans Housing and Homeless Prevention This bill would enact the Veterans Housing and Homeless Prevention Bond Act of 2019 to authorize the issuance of bonds Assembly - Housing AB 694 Housing Irwin (D) in an unspecified amount to provide additional funding for the VHHPA. The bill would provide for the handling and and Community Bond Act of 2019 disposition of the funds in the same manner as the 2014 bond act. Development This bill would require the management to give homeowners at least 60 days' written notice that the management will be appearing before a local governmental board, commission, or body to obtain local approval for the intended change of use of the mobilehome park and comply with other specified provisions. The bill would also require the local government Assembly -Housing AB 705 Mobilehome parks: change of use Housing Stone (D) to first make a finding that the approval of the closure of the mobilehome park and of its conversion into its intended and Community new use will not result in, or materially contribute to, a shortage of housing opportunities and choices within the local Development jurisdiction for low -and moderate -income households. General plans: housing element: above Would prohibit more than 20% of a jurisdiction's share of regional housing need for above moderate -income housing Assembly -Housing AB 725 Housing Wicks (D) and Community moderate -income housing from being allocated to sites with zoning restricted to single-family development. Development Existing law requires the Department of Housing and Community Development, by June 30, 2019, to complete a study to Department of Housing and Community evaluate the reasonableness of local fees charged to new developments, as defined, and requires the study to include Assembly - Housing AB 831 Development: study: local fees: new Housing Grayson (D) findings and recommendations regarding potential amendments to the Mitigation Fee Act to substantially reduce fees for and Community developments residential development. This bill would require the department to post the study on its internet website on or before Development March 1, 2020. Under the Subdivision Map Ac, when a local ordinance requires improvements for a subdivision consisting of 4 or fewer AB Subdivisions: local ordinances Housing Gloria (D) lots, the regulations are required to be limited to the dedication of rights-of-way, easements, and the construction of Assembly - Local 1250 reasonable offsite and onsite improvements of the parcels being created. This bill would instead make those provisions Government applicable to a local ordinance that requires improvements for a subdivision consisting of 10 or fewer lots. City of Tustin Legislative Tracking Matrix As of March 22, 2019 S = Support O=Oppose Yellow: Hot LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would require a city or county to compile a list that provides zoning and planning standards, fees imposed under the Mitigation Fee Act, special taxes, and assessments applicable to housing development projects in the jurisdiction. This bill would require each local agency to post the list on its internet website and provide the list to the Department of Assembly -Housing AB Housing development project applications: Housing Grayson (D) Housing and Community Development and any applicable metropolitan planning organization. This bill would require and Community 1483 reporting each city and county to annually submit specified information concerning pending housing development projects with Development completed applications within the city or county, the number of applications deemed complete, and the number of discretionary permits, building permits, and certificates of occupancy issued by the city or county to the department and any applicable metropolitan planning organization. This bill would require HCD, on or before June 30, 2022, and on or before June 30 every year thereafter and until June 30, 2051, to review each housing production report submitted by a city or county to determine if that city or county has met the applicable minimum housing production goal for that reporting period. If HCD determines that a city or county has Assembly - Housing AB General plans: housing element: production Housing McCarty (D) met its applicable minimum housing production goal for that reporting period, HCD shall submit a certification of that and Community O Pending O 1568 report: withholding of transportation funds result to the Controller. For each city and county that is not in compliance, the bill would require the Controller to Development withhold the apportionment of funds that would otherwise be apportioned and distributed to the city or county for the fiscal year beginning in 2022-23. This bill would authorize a development proponent of a neighborhood multifamily project or eligible TOD project located on an eligible parcel to submit an application for a streamlined, ministerial approval process that is not subject to a SB 4 Housing Housing McGuire (D) conditional use permit. The bill would define a "neighborhood multifamily project" to mean a project to construct a Senate -Housing multifamily unit of up to 2 residential dwelling units in a nonurban community, as defined, or up to 4 residential dwelling units in an urban community, as defined, that meets local height, setback, and lot coverage zoning requirements as they existed on July 1, 2019. 56 5 Affordable Housing and Community Housing Beall (D) This bill opens up major funding options for cities and local agencies by creating a state approval mechanism to access Senate -Housing S Development Investment Program growth off of the school share for local projects that match state priorities. This bill would require a city, county, or city and county to grant upon request an equitable communities incentive when a development proponent seeks and agrees to construct a residential development, as defined, that satisfies specified criteria, including, among other things, that the residential development is either a job -rich housing project or a transit - rich housing project, as those terms are defined; the site does not contain, or has not contained, housing occupied by tenants or accommodations withdrawn from rent or lease in accordance with specified law within specified time periods; 5B 50 Planning and zoning: housing development: Housing Weiner (D) and the residential development complies with specified additional requirements under existing law. The bill would Senate -Housing O unless incentives require that a residential development eligible for an equitable communities incentive receive waivers from maximum amend controls on density and minimum controls on automobile parking requirements greater than 0.5 parking spots per unit, up to 3 additional incentives or concessions under the Density Bonus Law, and specified additional waivers if the residential development is located within a 1/2 -mile or 1/4 -mile radius of a major transit stop, as defined. The bill would authorize a local government to modify or expand the terms of an equitable communities incentive, provided that the equitable communities incentive is consistent with these provisions. 3 City of Tustin Legislative Tracking Matrix As of March 22, 2019 S = Support O=Oppose Yellow: Hot LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would authorizes the formation of an affordable housing and infrastructure agency by adoption of a resolution of intention include a passthrough provision and an override passthrough provision. The bill would provide for a governing board of the agency consisting of one member appointed by the legislative body or the legislative bodies, as applicable, Assembly -Housing AB 11 Community Redevelopment Law of 2019 Housing, Chiu (D) that adopted the resolution of intention, one member appointed by each affected taxing entity, and 2 public and Community Finance members.The bill would also require that not less than 30% of all taxes allocated to the agency from an affected taxing Development entity be deposited into a separate fund, established by the agency, and used for the purposes of increasing, improving, and preserving the community's supply of low- and moderate -income housing available at an affordable housing cost, as provided. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a complaint with the AB 9 Employment discrimination: limitation of Labor & Rey es( D) Department of Fair Employment and Housing within one year from the date upon which the unlawful practice occurred, Assembly - actions. Employment unless otherwise specified. This bill would extend the above-described period to 3 years for complaints alleging Appropriations employment discrimination. This bill would prohibit a public employer from deterring or discouraging a public employee or an applicant to be a public Labor & employee from opting out of becoming or remaining a member of an employee organization. The bill would prohibit a Assembly - Public AB 249 Public employers: employee organizations Choi (R) public employer from taking adverse action against a public employee or applicant to be a public employee who opts out Employment & Employment of becoming or remaining a member of an employee organization and would specify that adverse action includes Retirement reducing a public employee's current level of pay or benefits. This bill would prescribe requirements relating to release time that would apply to all of the public employers and employees and would generally repeal the provisions relating to release time. The bill would require these public employers to grant a reasonable number of employee representatives of the exclusive representative reasonable time off without loss of compensation or other benefits for specified activities. This requirement would apply to activities to investigate and process grievances or otherwise enforce a collective bargaining agreement or memorandum of Public employment: labor relations: release Labor & understanding; to meet and confer with the public employer on matters within the scope of representation, including Assembly - Public AB 314 Bonta (D) preparation for the activities specified in these provisions; to testify or appear as the designated representative of the Employment & time Employment exclusive representative in conferences, hearings, or other proceedings before the Public Employment Relations Board or Retirement similar bodies, as specified; to testify or appear as the designated representative of the exclusive representative before the governing body of the public employer, or a personnel, civil service, or merit commission, among others, and to serve as a representative of the exclusive representative for new employee orientations. The bill would specify that its provisions prescribe minimum release time rights and would prescribe requirements regarding the relation of its provisions to other labor agreements that address release time. This bill would extend the protections afforded to employees under existing provisions to independent contractors and AB 333 Whistleblower protection: state and local Labor & E man D gg () contracted entities working for state and local government who are tasked with receiving and investigating complaints Assembly - independent contractors Employment from facilities, services, and programs operated by state and local government. The bill would provide that prohibitions Appropriations against retaliation by an employer apply to the state or local contracting agency under these provisions. Existing law establishes, until January 1, 2020, for contracts entered into on or after January 1, 2017, a claim resolution process applicable to any claim by a contractor in connection with a public works project against a public entity. Existing Assembly - Labor & law defines a claim for these purposes as a separate demand by the contractor for one or more of the following: a time Accountability & AB 456 Public contracts: claim resolution Chiu (D) extension for relief from damages or penalties for delay, payment of money or damages arising from work done pursuant Employment to the contract for a public work, or payment of an amount disputed by the public entity, as specified.This bill would Administrative remove the January 1, 2020, repeal date on these provisions, thereby making this claim resolution process operative Review indefinitely. 4 City of Tustin Legislative Tracking Matrix As of March 22, 2019 S = Support O=Oppose Yellow: Hot LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would provide that a public subsidy is de minimis if it is both less than $275,000 and less than 2% of the total Labor & Assembly - AB 520 Public works: public subsidy Kalra (D) project cost. The bill would specify that those provisions do not apply to a project that was advertised for bid, or a Employment Appropriations contract that was awarded before July 1, 2020. This bill would prohibit a person who has retired for disability from being employed by any employer without reinstatement from retirement if the position is the position from which the person retired or if the position includes Assembly -Public Public employees' retirement: disability Labor & duties or activities that the person was previously restricted from performing at the time of retirement, unless an AB 672 Cervantes (D) Employment & retirement: reinstatement Employment exception applies. The bill would require, if a person retired for disability is employed by an employer without Retirement reinstatement, an employer to provide to the board the nature of the employment and the duties and activities the person will perform. AB Labor & This bill would increase the threshold to require the payment of a prevailing rate of per diem wages to from $10,000 to Assembly - Labor 1045 Public works: prevailing wages Employment Chen (R) $100,000 and Employment This bill would require the governing body of each member agency of an agency established pursuant to a joint powers Senate - Public agencies: joint powers authorities: Labor & SB 241 Moorlach (R) agreement to approve and ratify each memorandum of understanding negotiated between the joint powers agency and Governance & contracts Employment its employees. Finance Current law designates illnesses and conditions that constitute a compensable injury for various employees, such as California Highway Patrol members, firefighters, and certain peace officers. These injuries include, but are not limited to, Senate -Labor, Labor & hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to biochemical substances, when the illness or SB 416 Employment: workers' compensation Hueso (D) Public Employment O Employment condition develops or manifests itself during a period when the officer or employee is in service of the employer, as &Retirement specified. This bill would expand the coverage of the above provisions relating to compensable injuries, to include all persons defined as peace officers under certain provisions of law, except as specified. This bill would add the day on which a statewide general election is held, which is the first Tuesday after the first Monday Assembly - in November of any even -numbered year, to the lists of holidays. The bill would require community colleges and public AB 177 Election day holiday Misc Low (D) Governmental schools to close on any day on which a statewide general election is held. The bill would require that state employees, with specified exceptions, be given time off with pay for days on which a statewide general election is held. Organization Planning and zoning: general plan: safety This bill would require the safety element's address of evacuation routes to include their capacity under a range of Assembly - Local AB 747 Misc Levine (D) element emergency scenarios. Government Assembly - The bill would require the governing body of each local jurisdiction described above to adopt new district, division, or AB 849 Elections: local redistricting Misc Bonta (D) Elections and trustee area boundaries after each federal decennial census Redistricting This bill, on and after January 1, 2025, would require the composition of each state and local board and commission with appointed members to have a specified minimum number of women board members or commissioners based on the State and local boards and commissions: Boerner Assembly -Local AB 931 Misc total number of board members or commissioners on that board. The bill would also require the office of the Governor, representation: appointments Hovarth (D) Government with respect to those boards and commissions, to collect and release, annually, at a minimum, aggregated demographic data provided by state and local board and commission applicants, nominees, and appointees. This bill would provide that the Brown Act does not apply to the posting, commenting, liking, interaction with, or participation in, internet-based social media platforms that are ephemeral, live, or static, by a majority of the members of Assembly - Local AB 992 Open meetings: local agencies: social media Misc Mullin (D) a legislative body, provided that a majority of the members do not discuss among themselves business of a specific Government nature that is within the subject matter jurisdiction of the legislative body of the local agency. 5 City of Tustin Legislative Tracking Matrix As of March 22, 2019 S = Support O=Oppose Yellow: Hot LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would require a parking space served by electric vehicle service equipment and a parking space designated as a future electric vehicle charging space, as defined, to be counted as at least one standard automobile parking space for the AB Kamlager- purpose of complying with any applicable minimum parking requirements established by a local jurisdiction. The bill Assembly - Local Electric vehicles: parking requirements Misc 1100 Dove (D) would require a van -accessible parking space served by electric vehicle service equipment and a van -accessible parking Government space intended as a future electric vehicle charging space to be counted as at least 2 standard automobile parking spaces for the purpose of complying with any applicable minimum parking requirements established by a local jurisdiction. This bill would grant a public records requester the right to use the requester's equipment, without being charged any AB Inspection of public records: use of Committee Assembly -Pending Misc fees or costs, to photograph or otherwise copy or reproduce any record upon inspection, unless the means of copy or 1819 requester's reproduction equipment on Judiciary Referral reproduction would damage the record. This measure would abolish the State Board of Equalization and instead require the Legislature to create a state tax Assembly -Pending ACA 2 State tax agency Misc Nazarian (D) agency by statute for purposes of carrying out those powers, duties, and responsibilities previously vested in the State Referral Board of Equalization. ACA 10 Members of the Assembly: terms of office Misc Chu (D) This measure would extend the terms of Members of the Assembly from 2 to 4 years, commencing with the November 3, Assembly - Pending 2020, general election Referral Portantino This bill would eliminate the requirement that the designated alternate member of the legislative body of the joint Senate - SB 355 Joint powers agencies: meetings Misc (D) powers agency also be a member of the legislative body of a member local agency. Governance & Finance This bill would specify that a public safety officer under investigation is required to be informed of the time, date, and location of any incident at issue, and the titles of any policies, orders, rules, procedures, or directives alleged to have been violated with a general characterization of the event giving rise to the allegation. The bill would prohibit these provisions from being construed to grant a right to full discovery of reports and witness statements or a detailed AB 137 Public safety officers: investigations and Public Safety Cooper (D) description of the events that are the basis of the allegation before an officer's interrogation. The bill would specify Assembly - 3rd interviews information an agency may provide if it is investigating voluminous complaints, as defined, regarding the violation of the Reading same rule or policy. The bill would specify, among other things, that the provisions regarding investigations and interrogations, as described above, do not preclude eliminating or adding other policy or rule citations as warranted by the discovery of new information or evidence in the course of an investigation. The bill would prohibit the representative and the public safety officer from being required to disclose any information exchanged, as provided. This bill would make forcibly entering a vehicle with the intent to commit a theft therein a crime punishable by SB 23 Unlawful entry of a vehicle Public Safety Weiner (D) imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 Senate -Public S Safety years. This bill would require each law enforcement agency to maintain a policy that provides guidelines on the use of force, Law enforcement: use of deadly force: Senate -Public SB 230 Public Safety Caballero (D) utilizing deescalation techniques and other alternatives to force when feasible, specific guidelines for the application of training: policies Safety deadly force, and factors for evaluating and reviewing all use of force incidents. This bill would establish the California Smart City Challenge Grant Program to enable municipalities to compete for grant funding for emerging transportation technologies to serve their transportation system needs, and would specify certain Transportation: emerging transportation Transportatio program goals. The bill would require the commission to form the California Smart City Challenge Workgroup on or Assembly - AB 659 technologies: California Smart City Mullin (D) S n before July 1, 2020, to guide the commission on program matters, as specified. The bill would require the commission, in Transportation Challenge Grant Program consultation with the workgroup, to develop guidelines on or before March 1, 2021, for the program, which would not be subject to the Administrative Procedure Act, and would authorize the commission to revise them as necessary. City of Tustin Legislative Tracking Matrix As of March 22, 2019 S = Support O=Oppose Yellow: Hot LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would require the State Water Resources Control Board to adopt and complete a work plan within prescribed timeframes to assess which substances in the class of perfluoroalkyl and polyfluoroalkyl substances should be tested as a Assembly - Drinking water: contaminants: identified as a potential risk to human health. health, as provided. The bill would require the Board to determine which of Environmental AB 841 perfluoroalkyl and polyfluoroalkyl Water Ting (D) the substances are appropriate candidates for notification levels to be adopted by the state board. The bill would require Safety and Toxic substances the office, by January 1, 2022, to provide to the Legislature an update on the assessment. The bill would require the office Materials to assess annually those substances as new information, scientific research, and detection methodologies become available. This bill would require the adoption or amendment of a primary drinking water standard for a contaminant in drinking water not regulated by a federal primary drinking water standard or that is more stringent than a federal primary drinking Assembly - AB Public water systems: primary drinking Blanco Rubio water standard to take effect 3 years after the date on which the state board adopts or amends the primary drinking Environmental 1204 water standards: implementation date Water (D) water standard. The bill would authorize the state board to delay the effective date of the primary drinking water Safety and Toxic standard adoption or amendment by no more than 2 additional years as necessary for capital improvements to comply Materials with a maximum contaminant level or treatment technique. 7 April _, 2019 The Honorable Autumn Burke State Capitol Building, Room 5150 Sacramento, CA 95814 SUBJECT: AB 147 (Burke) Notice of Support Dear Assembly Member Burke - The City of Tustin is pleased to inform you of its support for your Assembly Bill 147. AB 147 is a measured approach to California's implementation of the landmark US Supreme Court holding of South Dakota v. Wayfair, Inc., (2018). The implementation of the decision will result in the collection of hundreds of millions of dollars for state and local agencies from out of state and Internet -based sales. This measure will help level the playing field for brick and mortar retailers and is an improvement over California Department of Tax and Fee Administration's (CDTFA) proposed implementation of Wayfair based upon existing law. In June 2018, the U. S. Supreme Court decided in South Dakota v. Wayfair to reverse several prior cases and held that states and local governments may require retailers with no in-state physical presence to collect sales and use tax. The South Dakota v. Wayfair decision addressed a longstanding problem associated with the rapid growth of online sales. Previous Court decisions were based on antiquated catalogue sales disputes that pre -dated the Internet and required retailers to have a physical nexus with each state prior to imposing an obligation on an out-of-state retailer to collect and remit applicable sales and use taxes from customers for remote sales. After the Wayfair decision, a major concern was how the law would be interpreted on the collection of local transaction and use taxes. Should this issue be left unaddressed, the state, local agencies and retailers would face nightmarish complexities attempting to track and audit compliance for hundreds of district taxes. Moreover, tens of millions of local revenue would remain uncollected. AB 147, will offer a smooth implementation of Wayfair and will ensure collection of tens of millions in local revenue. For these reasons, the City of Tustin supports AB 147. Sincerely, Charles E. "Chuck" Puckett Mayor cc: Senator John M.W. Moorlach Assembly Member Steven S. Choi, Ph.D. April _, 2019 The Honorable Kevin McCarty State Capitol Building, Room 2136 Sacramento, CA 95814 SUBJECT: AB 1568 (McCarty) Notice of Opposition Dear Assembly Member McCarty - The City of Tustin (City) regrets to inform you of our strong opposition to AB 1568, a measure that would withhold and divert critical transportation funds from the Road Repair and Accountability Act (SB 1, Beall), for our City's basic maintenance and road repair needs. Over the last 10 years, the shortfall to preserve the existing system of local streets, roads, bridges, and essential components (i.e. infrastructure incorporated into our local network) has consistently exceeded $70 billion. Much of that shortfall is attributable to revenue streams drying up due to inflation over 25 years. In fiscal year (FY) 2018-19 & FY 19-20, the City of Tustin will receive approximate $2.8 million in non-competitive SB 1 revenues. Unfortunately, AB 1568 would penalize the City and our taxpayers by withholding and redistributing our share of public road maintenance funds if our City's share of regional housing needs for each income category is not met. Threatening to withhold and redistribute our City's transportation funds breaks a basic promise to taxpayers that these funds would deliver the transportation safety, pavement condition, and quality of life improvements for every community in California. The City is supportive of efforts to help address the housing crisis. Unfortunately, AB 1568 is the wrong approach for California. Any delay or diversion of transportation funds is only going to hurt our residents that are paying for these improvements they were promised and could even exacerbate the housing crisis. For these reasons, the City of Tustin strongly opposes AB 1568. Sincerely, Charles E. "Chuck" Puckett Mayor cc: Senator John M.W. Moorlach Assembly Member Steven S. Choi, Ph.D.