Loading...
HomeMy WebLinkAbout10 LEGISLATIVE UPDATEM AGENDA REPOR MEETING DATE TO: FROM: SUBJECT: SUMMARY: MAY 7, 2019 Agenda Item 10 Reviewed: City Manager Finance Director �A HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MATTHEW S. WEST, CITY MANAGER LEGISLATIVE UPDATE Staff has prepared a summary of state legislative activity. RECOMMENDATION: 1. Receive and file the updated legislative matrix as of April 25. 2. Take a SUPPORT position on AB 234 (Nazarian — D) Income taxes: credit: seismic retrofits. 3. Take an OPPOSE position on SB 330 (Skinner — D) Housing Crisis Act of 2019. 4. Take an OPPOSE position on SB 50 (Wiener — D) Planning and zoning: housing development: incentives. 5. Take a SUPPORT position on SB 669 (Caballero — D) Safe Drinking Water Trust Fund. 6. Other actions at the pleasure of the City Council. FISCAL IMPACT: Not applicable. DISCUSSION: Legislative Session in Full Swing The California Legislature is busy considering hundreds of bills related to housing, water, taxation, transportation and other major issues. Housing seems to continue to dominate the discussion. After Governor Newsom's announcement of his desire to see production of 3.5 million units of housing over the next 5 years, several legislators have introduced measurers that, in their mind, would help Agenda Report — Legislative Update May 7, 2019 Page 2 incentivize or streamline housing production. Many of these bills have competing goals or would overrule the other. Perhaps the highest profile piece of housing legislation is SB 50 (Wiener — D). SB 50 has the potential to drastically change the look, feel and population of communities across the state. On April 24, Sen. Wiener announced that he would be amending SB 50 to incorporate elements of SB 4 (McGuire — D) to eliminate the inconsistencies between the two bills. More information on SB 50 is presented later in this report. Several new (or increased) fees and taxes have also been proposed this session, including taxes on water, sweetened beverages, firearms and tires; and fees on dialysis centers and lead acid batteries. A major hurdle for most bills was April 26, the last day for policy committees to meet and report fiscal bills to the respective fiscal committees. Below is a reminder of key dates for the legislative session: - May 14: May Revision (changes in Governor's proposed budget) - 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 Attached is an updated legislative tracking matrix as of April 25 that tracks bills of interest as well as bills tracked by the League of California Cities (LOCC), the Association of California Cities — Orange County (ACC -OC), the Municipal Water District of Orange County (MWDOC) and other state and local associations. The matrix is sorted by bill category. Recommended Positions on Legislation Staff is recommending taking positions on four pieces of legislation as of April 25. A brief summary of each bill is included below, and a sample position letter has been attached. SUPPORT AB 234 (Nazarian — D) Income taxes: credit: seismic retrofits. - This bill establishes a $60 million Seismic Retrofit Tax Credit to incentivize property owners to make seismic upgrades to properties at risk of damage or destruction during a major earthquake. The tax credit can be applied to personal income or corporate income. This is a potential job creation measure and can save significant time and money during disaster recovery. Agenda Report — Legislative Update May 7, 2019 Page 3 - LOCC: Support - ACC -OC: No Position OPPOSE SB 330 (Skinner — D) Housing Crisis Act of 2019. - This bill declares a statewide housing crisis and prohibits cities from imposing parking requirements, adjusting impact fees on affordable housing and limiting new design standards based on cost for 10 years. This bill clearly removes local control from the housing production process, potentially limits revenue for essential services and can change the look and feel of a community. - LOCC: Oppose - ACC -OC: Oppose Unless Amended OPPOSE SB 50 (Wiener — D) Planning and zoning: housing development: incentives. - SB 50 is perhaps one of the most alarming pieces of legislation for cities across the state. This bill will supersede certain local zoning regulations by (a) allowing residential buildings of at least four or five stories within half a mile of rail stations, (b) removing density limits within a quarter -mile of stops on bus lines with frequent service, (c) removing density limits in high-income census tracts with lots of jobs and good schools, regardless of their proximity to transit (undefined at this time), (d) requiring streamlined approval of fourplexes on vacant land in any zoned residential area, and (e) drastically reduce parking requirements. SB 50 undermines the ability of cities to do one of their basic functions: develop and enforce zoning regulations. While this bill may make sense in the Bay Area, areas like Orange County do not have a built out or reliable mass transit system and cars are still needed. This bill can and will drastically change the look and feel of communities across the state. Staff has included language about requesting delayed implementation of SB 50 to give cities time to educate their communities and update zoning regulations in the draft letter of opposition. - LOCC: Oppose. Unless Amended - ACG -OC: Oppose Unless Amended - OCBC: Support SUPPORT SB 669 (Caballero — D) Water quality: Safe Drinking Water Fund. Agenda Report — Legislative Update May 7, 2019 Page 4 - This bill would create the "Safe Drinking Water Trust Fund" to provide a stable funding source for communities without access to reliable drinking water. This is one bill of several high-profile bills going through the legislature relating to water. Staff will provide a verbal update on other pieces of legislation related to SB 669. - LOCC: Support - ACC -OC: Pending Support (on Leg Committee Agenda) - OCBC: Support - MWDOC: Support Attachments: - Legislative tracking matrix - AB 234 draft support letter - SB 330 draft opposition letter - SB 50 draft opposition letter - SB 50 zone map - SB 669 draft support letter City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would declare the intent of the Legislature to require each general law city and county to establish an Elections: general law independent redistricting commission that is modeled after the Citizens Redistricting Commission. The bill would AB city and county Elections Salas (D) require each of those local jurisdictions to establish an independent redistricting commission for the purpose of Dead 1724 redistricting adjusting the boundary lines of districts for the legislative body of the local jurisdiction after each federal decennial census. Existing law requires local governments, when submitting for voter approval a bond measure that will be secured Elections: local bond by an ad valorem tax, to provide the voters with a statement that includes estimates of the tax rates required to Assembly - AB measures: tax rate Elections Obernolte fund the measure. Tax rates are expressed as the rate per $100 of assessed valuation on all property to be taxed Elections and 610 statement () R to fund the bond measure. This bill would instead require that the tax rate be expressed as the rate per $100,000 Redistricting of assessed valuation on all property to be taxed to fund the bond measure. This bill would authorize the proponent of a county, municipal, or district referendum to withdraw the Local referenda and SB referendum at any time before the 88th day before the election, whether or not the petition has already been Senate - charter amendments: Elections Stern (D) 681 found sufficient by the elections official. The bill would grant the same authority to withdraw to the proponent of Appropriations withdrawal an amendment of a city or county charter. This bill would specify that, on and after April 1, 2019, a retailer engaged in business in this state includes any Use taxes: collection: retailer that, in the preceding calendar year or the current calendar year, has a cumulative sales price from the AB retailer engaged in sale of tangible personal property for delivery in this state that exceeds $500,000. The bill would allow the business in this state: Finance Burke (D) Chaptered S S 147 department to grant relief to certain retailers engaged in business in this state for specified interest or penalties marketplace imposed on use tax liabilities due and payable for tax reporting periods beginning April 1, 2019 and ending facilitators. December 31, 2022. 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 Local government AB Boerner priorities over a 5 -year fiscal period, including, among others, mental and behavioral health services and finance: budget Finance Dead 1640 Horvath (D) affordable housing. The bill would provide this reporting requirement only applies to a local government if the reserves local government's budget reserve in the immediately preceding fiscal year was in excess of 30 percent of the total expenditures of the local government in that fiscal year. Sales and use taxes: exemption: sanitary This bill, on and after January 1, 2020, and until January 2025, would exempt from sales taxes the gross receipts AB Christina Assembly - napkins: tampons: Finance from the sale in this state of, and the storage, use, or other consumption in this state of, tampons, sanitary 31 Garcia (D) Appropriations menstrual sponges napkins, menstrual sponges, and menstrual cups and menstrual cups AB Sales and use taxes: Gonzalez This bill, until January 1, 2025, would exempt from sales taxes the gross receipts from the sale in this state of, and Finance Dead 66 exemption: diapers (D) the storage, use, or other consumption in this state of, diapers for infants and toddlers. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Local government: This bill would, commencing January 1, 2020, authorize a local agency to invest and deposit the agency's surplus AB McCarty Assembly - financial affairs: Finance funds in deposits at specified types of financial institutions whether those investments are certificates of deposit 945 () D Floor surplus funds or another form, and would increase the percentage of the local agency's funds that can be invested to 50%. 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, Assembly - ACA housing and public Finance q uiar- reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent Appropriations S 1 Curr D Y () infrastructure: voter supportive housing, or the acquisition or lease of real property for those purposes with 55% voter approval. (suspense file) approval. Enhanced SB infrastructure This bill would authorize an enhanced infrastructure financing district to issue bonds without submitting a Finance Beall (D) Assembly S 128 financing districts: proposal to the voters. bonds: issuance Would prohibit, on or after January 1, 2020, a local agency from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley -Burns local tax revenues to SB Local agencies: any retailer, as defined, in exchange for the retailer locating or continuing to maintain a sales nexus, as defined, Finance Glazer (D) Senate -Floor S 531 retailers within the territorial jurisdiction of the local agency if the sales nexus would generate revenue, from the sale of tangible property delivered to and received by the purchaser in the territorial jurisdiction of another local agency, for the local agency under the Bradley -Burns Uniform Local Sales and Use Tax Law. Income taxes: credits This bill, under the law governing the taxation of insurers, the Personal Income Tax Law, and the Corporation Tax Assembly - AB low-income housing: Housing Chiu (D) Law, for calendar years beginning in 2020, would increase the aggregate housing credit dollar amount that may Revenue and S 10 farmworker housing. be allocated among low-income housing projects by an additional $500,000,000 Taxation Under the Subdivision Map Act, when a local ordinance requires improvements for a subdivision consisting of 4 or fewer lots, the regulations are required to be limited to the dedication of rights-of-way, easements, and the Assembly - AB Subdivisions: local Housing Gloria (D) construction of reasonable offsite and onsite improvements of the parcels being created. This bill would instead Local 1250 ordinances make those provisions applicable to a local ordinance that requires improvements for a subdivision consisting of Government 10 or fewer lots. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Current law requires the housing element to contain specified information and analysis, including an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs that AB Emergency and Quirk -Silva includes, among other things, the identification of a zone or zones where emergency shelters are allowed as a Assembly - 139 Transitional Housing Housing (D) permitted use without a conditional use or other discretionary permit. Current law requires the identified zone or Appropriations Act of 2019 zones to include sufficient capacity to accommodate the need for emergency shelter, as specified. This bill would define "sufficient capacity' for these purposes. 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 Housing development provide the list to the Department of Housing and Community Development and any applicable metropolitan AB project applications: Housing Grayson (D) planning organization. This bill would require each cit and count to annual) submitspecified information Assembly 1483 reporting concerning pending housing development projects with completed applications within the city or county, the Appropriations 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 Housing law county has met the applicable minimum housing production goal for that reporting period. If HCD determines compliance: that a city or county has met its applicable minimum housing production goal for that reporting period, HCD shall AB prohibition on Housing McCarty submit a certification of that result to the Controller. For each city and county that is not in compliance, the bill Assembly - O J 1568 applying for state (D) would prohitbit it from applying for a state grant, unless the fund source of the state grant is protected by a Appropriations grants specified provision of the California Constitution relating to state taxes and fees on motor vehicles and motor vehicle fuels or the state grant funds, if awarded to the city or county, would assist the city or county in complying with the Housing Element Law. III 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 Assembly - AB Land use: accessory Housing Ting (D) do not permit at least an 800 square feet unit of at least 16 feet in height to be constructed. This bill would Appropriations O 68 dwelling units. instead require a local agency to ministerially approve or deny a permit application for the creation of an (suspense file) accessory dwelling unit permit within 60 days of receipt. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC 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 Assembly - AB Land use: accessory Housing Ting (D) state law. The bill would require a local agency to consider HCD's findings and would authorize the local agency Appropriations 69 dwelling units. to amend its ordinance to comply with state law or adopt a resolution with findings explaining why the ordinance (suspense file) complies with state law, and addressing the department's findings. Veterans Housing and This bill would enact the Veterans Housing and Homeless Prevention Bond Act of 2019 to authorize the issuance Assembly - AB Homeless Prevention Housing Irwin (D) of bonds in an unspecified amount to provide additional funding for the VHHPA. The bill would provide for the Appropriations 694 Bond Act of 2019 handling and disposition of the funds in the same manner as the 2014 bond act. (suspense file) 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 AB Mobilehome parks: Housing Stone (D) would also require the local government to first make a finding that the approval of the closure of the Dead 705 change of use mobilehome park and of its conversion into its intended new use will not result in, or materially contribute to, a shortage of housing opportunities and choices within the local jurisdiction for low -and moderate -income households. General plans: housing element: AB above moderate Would prohibit more than 20% of a jurisdiction's share of regional housing need for above moderate -income income housing: Housing Wicks (D) Dead 725 housing from being allocated to sites with zoning restricted to single-family development. suburban and metropolitan jurisdictions City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Existing law requires the Department of Housing and Community Development, by June 30, 2019, to complete a study to evaluate the reasonableness of local fees charged to new developments, as defined, and requires the study to include findings and recommendations regarding potential amendments to the Mitigation Fee Act to Department of substantially reduce fees for residential development. This bill would require the department to post the study Housing and on its internet website on or before March 1, 2020. The bill would also require the department, by June 30, 2020, AB Community Housing Grayson (D) to complete a study to determine the total average residential fee burden per housing unit in each of the 47 Assembly - 831 Development: study: councils of governments regions of the state, including listing each individual category of fees levied and the Appropriations local fees: new average amount of each fee in each region, and to post the study on its internet website on or before March 1, developments 2021. The bill would further require the department, by January 1, 2024, to issue a report to the Legislature on the progress of cities and counties in adopting the recommendations made in the study to evaluate the reasonableness of local fees charged to new governments. 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 McGuire subject to a conditional use permit. The bill would define a "neighborhood multifamily project" to mean a project SB 4 Housing Housing (D) to construct a multifamily unit of up to 2 residential dwelling units in a nonurban community, as defined, or up to Dead 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. Affordable Housing SB 5 and Community Housing Beall (D) This bill opens up major funding options for cities and local agencies by creating a state approval mechanism to Senate S Development access growth off of the school share for local projects that match state priorities. Appropriations Investment Program This bill will supersede certain local zoning regulations by (a) allowing residential buildings of at least four or five Planning and zoning: stories within half a mile of rail stations, (b) removing density limits within a quarter -mile of stops on bus lines SB housing Housing Weiner (D) with frequent service, (c) removing density limits in high-income census tracts with lots of jobs and good schools, Senate - O O 50 development: regardless of their proximity to transit (undefined at this time), (d) requiring streamlined approval of fourplexes Appropriations incentives on vacant land in any zoned residential area, and (e) drastically reduce parking requirements SB Housing Crisis Act of Housing Skinner (D) This bill declares a statewide housing crisis and prohibits cities from imposing parking requirements, adjusting Senate O O 330 2019 impact fees on affordable housing and limiting new design standards based on cost for 10 years. Appropriations City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would prohibit a local jurisdiction from requiring a property owner live in the main house or one of the AB Accessory dwelling Housing Bloom (D) accessory structures. This would incentivize operating the property as a commercial enterprise and could have Assembly O 881 units. the unintended effect of largescale investors purchasing many single-family homes and adding ADUs, thus Floor operating more like a property management company, not a homeowner seeking some additional income. This bill would additionally require a density bonus to be provided to a developer who agrees to construct a housing development in which 100% of the total units, exclusive of managers' units, are for lower income households, as defined. The bill would also require that a housing development that meets this criteria receive 4 Planning and zoning: incentives or concessions under the Density Bonus Law. The bill would generally require that the housing AB density bonuses: Housing Chiu (D) development receive a density bonus of 80%, but would exempt the housing development from any maximum Senate - O 1763 affordable housing controls on density if it is located within % mile of a major transit stop or a high-quality transit corridor, as Appropriations defined, and additionally require the city, county, or city and county to allow an increase in height and floor area ratio in specified amounts that vary depending on whether the development is located within % mile of a major transit stop or a high-quality transit corridor. Would authorize the creation of accessory dwelling units in areas zoned to allow single-family or multifamily SB Accessory dwelling dwelling use. The bill would also revise the requirements for an accessory dwelling unit by providing that the Senate - 13 units. HousingWieckowski (D) accessory dwelling unit may be attached to, or located within, an attached garage, storage area, or other Appropriations O structure, and that it does not exceed a specified amount of total floor area. 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 AB Community Housing, legislative bodies, as applicable, that adopted the resolution of intention, one member appointed by each Assembly - Redevelopment Law Chiu (D) 11 Finance affected taxing entity, and 2 public members.The bill would also require that not less than 30% of all taxes Appropriations of 2019 allocated to the agency from an affected taxing 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. AB Public works: Labor & This bill would increase the threshold to require the payment of a prevailing rate of per diem wages to from 1045 prevailing wages Employment Chen (R) $10,000 to $100,000 Dead City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would prohibit a public employer from deterring or discouraging a public employee or an applicant to be Public employers: a public employee from opting out of becoming or remaining a member of an employee organization. The bill AB employee Labor & Choi (R) would prohibit a public employer from taking adverse action against a public employee or applicant to be a public Dead 249 organizations Employment employee who opts out of becoming or remaining a member of an employee organization and would specify that adverse action includes 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 understanding; to meet and confer with the public employer on matters within the scope of AB Public employment: Labor & representation, including preparation for the activities specified in these provisions; to testify or appear as the Assembly labor relations: Bonta (D) O 314 Employment designated representative of the exclusive representative in conferences, hearings, or other proceedings before Appropriations release time the Public Employment Relations Board or 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 Whistleblower contractors and contracted entities working for state and local government who are tasked with receiving and Assembly - AB protection: state and Labor & Eggman (D) investigating complaints from facilities, services, and programs operated by state and local government. The bill Appropriations 333 local independent Employment would provide that prohibitions against retaliation by an employer apply to the state or local contracting agency (suspense file) contractors 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 law defines a claim for these purposes as a separate demand by the contractor for one or AB Public contracts: Labor & Chiu (D) more of the following: a time extension for relief from damages or penalties for delay, payment of money or Assembly - 456 claim resolution Employment damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed Floor by the public entity, as specified.This bill would remove the January 1, 2020, repeal date on these provisions, thereby making this claim resolution process operative indefinitely. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 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 AB Public works: public Labor & Kalra (D) total project cost. The bill would specify that those provisions do not apply to a project that was advertised for Assembly - 520 subsidy Employment bid, or a contract that was awarded before July 1, 2020. Floor This bill would prohibit a person who has retired for disability from being employed by any employer without Public employees' reinstatement from retirement if the position is the position from which the person retired or if the position AB retirement: disability Labor & Cervantes includes duties or activities that the person was previously restricted from performing at the time of retirement, Assembly - 672 retirement: Employment (D) unless an exception applies. The bill would require, if a person retired for disability is employed by an employer Appropriations reinstatement without reinstatement, an employer to provide to the board the nature of the employment and the duties and activities the person will perform. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a complaint with Employment Labor & the Department of Fair Employment and Housing within one year from the date upon which the unlawful Assembly - AB 9 discrimination: Employment Reyes (D) practice occurred, unless otherwise specified. This bill would extend the above-described period to 3 years for Appropriations limitation of actions. (suspense file) complaints alleging employment discrimination. 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 Employment: Senate - SB workers' Labor & Hueso (D) limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to biochemical substances, when Appropriations O 416 Employment the illness or condition develops or manifests itself during a period when the officer or employee is in service of compensation the employer, as specified. This bill would expand the coverage of the above provisions relating to compensable (suspense file) injuries, to include all persons defined as peace officers under certain provisions of law, except as specified. 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 purpose of complying with any applicable minimum parking requirements AB Electric vehicles: Kamlager- 1100 parking requirements Misc Dove (D) established by a local jurisdiction. The bill would require a van -accessible parking space served by electric vehicle Senate service equipment and a van -accessible parking 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 add the day on which a statewide general election is held, which is the first Tuesday after the first Monday in November of any even -numbered year, to the lists of holidays. The bill would require community Assembly - AB Election day holiday Misc Low (D) colleges and public schools to close on any day on which a statewide general election is held. The bill would Appropriations 177 require that state employees, with specified exceptions, be given time off with pay for days on which a statewide (suspense file) general election is held. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Inspection of public records: use of This bill would grant a public records requester the right to use the requester's equipment, without being AB Committee requester's Misc charged any fees or costs, to photograph or otherwise copy or reproduce any record upon inspection, unless the Assembly Floor 1819 on Judiciary reproduction means of copy or reproduction would damage the record. equipment Planning and zoning: AB This bill would require the safety element's address of evacuation routes to include their capacity under a range Assembly - general plan: safety Misc Levine (D) 747 of emergency scenarios. Floor element AB Elections: local The bill would require the governing body of each local jurisdiction described above to adopt new district, Assembly Misc Bonta (D) O 8491 redistricting division, or trustee area boundaries after each federal decennial census Appropriations This bill, on and after January 1, 2030, would require the composition of a local board and commission of a city State and local eith a population of 50,000 or greater with appointed members to have a specified minimum number of women boards and AB Boerner board members or commissioners based on the total number of board members or commissioners on that Assembly - 931 commissions: Misc Hovarth (D) board. The bill would also require the office of the Governor, with respect to those boards and commissions, to Appropriations representation: collect and release, annually, at a minimum, aggregated demographic data provided by state and local board and appointments commission applicants, nominees, and appointees. This bill would apply to all cities, including charter cities. The Brown Act prohibits a majority of the members of a local body from using a series of communications of any Open meetings: local Assembly - AB kind to discuss, deliberate or take action on any item of business. This bill would provide that the prohibition agencies: social Misc Mullin (D) Local 992 does not apply to the participation in an internet-based social media platform by a majority of the members of media Government the legislative body. Members of the Assembly - ACA This measure would extend the terms of Members of the Assembly from 2 to 4 years, commencing with the Assembly: terms of Misc Chu (D) Pending 10 November 3, 2020, general election office I Referral This measure would abolish the State Board of Equalization and instead require the Legislature to create a state Assembly - ACA Nazarian State tax agency Misc tax agency by statute for purposes of carrying out those powers, duties, and responsibilities previously vested in Pending 2 (D) the State Board of Equalization. Referral SB Joint powers Portantino This bill would eliminate the requirement that the designated alternate member of the legislative body of the Senate - Misc Governance & 355 agencies: meetings (D) joint powers agency also be a member of the legislative body of a member local agency. Finance City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Public record: writing This bill would, unless a longer retention period is required by statute or regulation, require a public agency for AB transmitted by Misc Gloria (D) purposes of the California Public Records Act to retain and preserve for at least 2 years every writing containing Assembly O 1184 electronic mail: information relating to the conduct of the public's business prepared, owned, or used by any public agency that is Appropriations retention transmitted by electronic mail or other similar messaging system. This bill would, among other things, prohibit a state or local agency from adopting any law or regulation that bans the operation of an unmanned aircraft system. The bill would also authorize a local agency to adopt regulations to enforce FAA regulations regarding the operation of unmanned aircraft systems and would authorize local agencies to regulate the operation of unmanned aircraft and unmanned aircraft systems within their AB Unmanned aircraft: jurisdictions, as specified. The bill would also authorize a local agency to require an unmanned aircraft operator Assembly state and local Misc Irwin (D) S 1190 to provide proof of federal, state, or local registration to licensing or enforcement officials. The bill would include Judiciary regulation: limitations the operation of small unmanned aircraft systems within the definition of hazardous recreational activity for purposes of public entity liability, and would authorize a local entity to designate a recreational operating area for unmanned aircraft operation. The bill would immunize a local entity that designates such a recreational are from liability for injury or damage associated with unmanned aircraft operation, if specified signage is posted. Would enact the Wildfire, Drought, and Flood Protection Bond Act of 2020, which, if approved by the voters, would authorize the issuance of bonds in the amount of $4,300,000,000 pursuant to the State General Obligation Wildfire, Drought, SB Bond Law to finance projects to restore fire damaged areas, reduce wildfire risk, create healthy forest and Senate - and Flood Protection Misc Allen (D) 45 Bond Act of 2020 watersheds, reduce climate impacts on urban areas and vulnerable populations, protect water supply and water Appropriations quality, protect rivers, lakes, and streams, reduce flood risk, protect fish and wildlife from climate impacts, improve climate resilience of agricultural lands, and protect coastal lands and resources. The California Public Records Act, when it appears to a superior court that certain public records are being improperly withheld from a member of the public, requires the court to order the officer or person charged with withholding the records to disclose the public record or show cause why that officer or person should not do so. Public records: The act requires the court to award court costs and reasonable attorney's fees to the plaintiff if the plaintiff SB disclosure: court Misc Wieckowski prevails in litigation filed pursuant to these provisions, and requires the court to award court costs and Senate - O 518 costs and attorney's (D) reasonable attorney's fees to the public agency if the court finds that the plaintiff's case is clearly frivolous. This Appropriations fees bill, for purposes of the award of court costs and reasonable attorney's fees pursuant to the above provisions, would specifically notwithstand a provision of existing law that prescribes the withholding or augmentation of costs if an offer is made before judgment or award in a trial or arbitration. 10 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC 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 Public safety officers: statements or a detailed description of the events that are the basis of the allegation before an officer's AB investigations and Public Safety Cooper (D) interrogation. The bill would specify information an agency may provide if it is investigating voluminous Senate -Public 137 interviews complaints, as defined, regarding the violation of the same rule or policy. The bill would specify, among other Safety 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. SB Unlawful entry of a This bill would make forcibly entering a vehicle with the intent to commit a theft therein a crime punishable by Senate - 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, Appropriations S 23 vehicle or 2 or 3 years. (suspense file) Law enforcement: This bill would require each law enforcement agency to maintain a policy that provides guidelines on the use of SB use of deadly force: Public Safety Caballero force, utilizing deescalation techniques and other alternatives to force when feasible, specific guidelines for the Senate - 230 training: policies (D) application of deadly force, and factors for evaluating and reviewing all use of force incidents. Approrpriations Local Emergency This measure would establish a Local Emergency Preparedness and Hazard Mitigation Fund with the purpose and AB Preparedness and Public Safety Chu (D) intent of helping local jurisdictions to meet their emergency preparedness goals and boosting programs Assembly S 291 Hazard Mitigation throughout the state that remain underfunded or neglected. Appropriations Fund Current law authorizes each county, including a city and county, to enter into an agreement to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other property -related services for the sole purpose of enrolling county residents in a county -operated public emergency warning system. Current law requires any county that SB Emergency services: Public Safety Jackson (D) enters into such an agreement to include procedures to enable any resident to opt out of the warning system Senate - S 46 telecommunications and a process to terminate the receiving agency's access to the resident's contact information. Current law Appropriations prohibits the use of the information gathered for any purpose other than for emergency notification. This bill would expand these provisions to authorize a city to enter into an agreement to access the contact information of resident accountholders through the records of a public utility, as specified. 11 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Would require a provider of telecommunications services, as defined, that provides access to 911 service to provide responder outage notification by electronic mail to the Office of Emergency Services whenever an outage occurs limiting the provider's customers' ability to make 911 calls or receive emergency notifications, within 60 SB Telecommunications: McGuire minutes of discovering the outage. The bill would make the Office of Emergency Services responsible for Senate outages affecting Public Safety S 670 (D) notifying any applicable county office of emergency services and the sheriff of any county affected by the outage. Appropriations public safety The bill would require the responder outage notification to the Office of Emergency Services to include the telecommunications provider's contact name, a calling number to be staffed as specified, and a description of the estimated area affected by the outage. Transportation: This bill would establish the California Smart City Challenge Grant Program to enable municipalities to compete emerging for grant funding for emerging transportation technologies to serve their transportation system needs, and transportation would specify certain program goals. The bill would require the commission to form the California Smart City Assembly - AB technologies: Transportati Mullin (D) Challenge Workgroup on or before July 1, 2020, to guide the commission on program matters, as specified. The Appropriations S 659 California Smart City on bill would require the commission, in consultation with the workgroup, to develop guidelines on or before March (suspense file) Challenge Grant 1, 2021, for the program, which would not be subject to the Administrative Procedure Act, and would authorize Program the commission to revise them as necessary. This bill would limit the expenditure of TCA development fees to the maintenance, operation, or financing of a County of Orange: completed toll facility that is in service on January 1, 2020, and for which indebtedness was incurred. The bill AB joint exercise of Transportati would prohibit those entities, on and after January 1, 2020, from forming a new joint powers agency to construct 1273 powers agreeements: on Brough I bridge facilities or major thoroughfares under that specific authorization or the general authorization. The bill toll roads would prohibit a joint powers agency formed under that specific authorization before January 1, 2020, from designing, planning, developing, or constructing any of those facilities on or after January 1, 2020. This bill would require the adoption or amendment of a primary drinking water standard for a contaminant in Public water systems: drinking water not regulated by a federal primary drinking water standard or that is more stringent than a federal AB primary drinking Blanco primary drinking water standard to take effect 3 years after the date on which the state board adopts or amends 1204 water standards: Water Rubio (D) the primary drinking water standard. The bill would authorize the state board to delay the effective date of the Dead implementation date primary drinking water standard adoption or amendment by no more than 2 additional years as necessary for capital improvements to comply with a maximum contaminant level or treatment technique. 12 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of April 25, 2019 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 Drinking water: prescribed timeframes to assess which substances in the class of perfluoroalkyl and polyfluoroalkyl substances contaminants: should be tested as a identified as a potential risk to human health. health, as provided. The bill would require Assembly - AB perfluoroalkyl and Water Ting (D) the Board to determine which of the substances are appropriate candidates for notification levels to be adopted Appropriations 841 polyfluoroalkyl by the state board. The bill would require the office, by January 1, 2022, to provide to the Legislature an update (suspense file) substances on the assessment. The bill would require the office to assess annually those substances as new information, scientific research, and detection methodologies become available. Creates the Safe Drinking Water for All Act, which establishes a Safe and Affordable Drinking Water Fund to provide a source of funding to secure access to safe drinking water for all Californians, while also ensuring long AB Safe Drinking Water Eduardo Assembly - Water term sustainability of drinking water systems. Imposes several fees on agricultural activities and creates a trust 217 for All Act Garcia (D) Appropriations fund using investments from the state General Fund that together would provide the source of revenue to the Fund. SB Water Quality: Safe Caballero This bill would create the "Safe Drinking Water Trust Fund" to provide a stable funding source for communities Senate - 669 Drinking Water Fund Water (D) without access to reliable drinking water. Appropriations S Would declare, except in compliance with the bill's provisions, that the discharge of treated wastewater from Wastewater ocean outfalls is a waste and unreasonable use of water. The bill would require each wastewater treatment SB Hertzberg Senate - treatment: recycled Water facility that discharges through an ocean outfall and affiliated water suppliers to reduce the facility's annual flow O O 332 (D) Appropriations water as compared to the average annual wastewater discharge baseline volume, as prescribed, by at least 50% on or before January 1, 2030, and by at least 95% on or before January 1, 2040. SB 414 would enact the Small System Water Authority Act of 2019 and require the State Water Resources SB Small System Water Caballero Control Board (State Water Board) to order the consolidation of certain small water systems that are not in Senate - 414 Authority Act of 2019 Water (D) compliance with specified clean drinking water standards through the formation of a small system water Appropriations (suspense file) authority, as specified. 13 ATTACHMENT 2 AB 234 Draft Support Letter May _, 2019 The Honorable Adrin Nazarian State Capitol Building, Room 4146 Sacramento, CA 95814 SUBJECT: AB 234 (Kazarian) Notice of Support Dear Assembly Member Nazarian - The City of Tustin (City) is pleased to inform you of our support of AB 234. This bill establishes a $60 million Seismic Retrofit Tax Credit program to encourage property owners of seismically vulnerable structures to make necessary seismic safety improvements to their at -risk properties. Specifically, the measure will provide for up to a 30% tax credit for locally certified seismic retrofitting projects completed within taxable years 2020 — 2025. California contains thousands of buildings that present a heightened earthquake risk of death, injury, and damage based on their age, structural system, size, and location. There are an estimated 1.2 million houses in California particularly vulnerable to earthquakes. The most recent. California ShakeOut study estimates a major quake along the San Andreas Fault could cause more than $200 billion in physical and economic damage, and result in up to 1,800 or more deaths. This bill promotes earthquake preparedness and safety that potentially reduce damage to private property, improve resilience, and decrease future costs for disaster relief. For these reasons, the City of Tustin supports AB 234. Sincerely, Charles E. "Chuck" Puckett Mayor cc: Senator John M.W. Moorlach Assembly Member Steven S. Choi, Ph.D. Tony Cardenas, League of California Cities League of California Cities, citylettersgcacities.or� Jenn Lowe, Association of California Cities — Orange County ATTACHMENT 3 SB 330 Draft Opposition Letter May _, 2019 The Honorable Nancy Skinner State Capitol Building, Room 5094 Sacramento, CA 95814 SUBJECT: SB 330 (Skinner) Notice of Opposition Dear Senator Skinner - The City of Tustin (City) regrets to inform you of our opposition. to SB 330. This bill would, among other things, declare a statewide housing crisis and for a ten-year period, prohibit the City from imposing parking requirements, adjusting impact fees, imposing impact fees on affordable housing projects, and limiting new design standards based on cost. The City has significant concerns with the following: No parking requirements — Regardless of the size of the housing project, proximity or availability of high-quality public transit, SB 330 would strictly prohibit the City from imposing any type of parking standard. While this may potentially work in areas with built out reliable mass transit, it does not work here in Orange County. Freeze impact fees — This bill would freeze nearly all fees or exactions imposed on development projects for 10 years. Freezing these fees may not allow the City to adequately cover the costs of services a new development may require. - No impact fees for affordable housing —Not collecting impact fees on affordable housing may require the City to subsidize these projects with general fund revenues, leading to service loss in other areas of the City. - No new design standards if they are more costly — SB 330 would prohibit the City from imposing any new design standard that is more costly than those in effect on January 1, 2018. This would effectively prohibit any new design standards for a ten-year period because the cost of material and labor continue to increase. For these reasons, the City of Tustin opposes SB 330. Sincerely, Charles E. "Chuck" Puckett Mayor cc: Senator John M.W. Moorlach Assembly Member Steven S. Choi, Ph.D. Tony Cardenas, League of California Cities League of California Cities, cit letters _,cacities.org Jenn Lowe, Association of California Cities — Orange County ATTACHMENT 4 SB 50 Draft Opposition Letter May _, 2019 The Honorable Scott Wiener State Capitol Building, Room 5100 Sacramento, CA 95814 SUBJECT: SB 50 (Wiener) Notice of Opposition Dear Senator Wiener - The City of Tustin (City) regrets to inform you of our opposition to SB 50. This bill undermines the City's ability to perform one of its basic functions: generate and enforce local zoning regulations. The City agrees that there is a problem of not enough housing being constructed in California. However, taking a one size fits all approach as proposed under SB 50 is not the solution. SB 50 has the potential to drastically change the look and feel of cities across the state, including Tustin, by allowing unlimited density and requiring drastically less parking in addition to other issues. The City is particularly concerned about the provision of superseding local zoning regulations in areas 1/4 mile from a "high quality bus corridor." Tustin contains several bus stops that fit the definition of a "high quality bus corridor." Most of these bus stops lie within Old Town Tustin, a charming, quiet community that dates back to the 1880s. SB 50 stands to drastically change the look and feel of Old Town Tustin as it relates to unlimited density and height. It is also possible that some of Tustin may fall into areas described in SB 50 for unlimited density as high-income census tracts that are job -rich and have good schools, regardless of their proximity to transit. These exact areas have yet to be identified, another piece missing from SB 50. The City is also concerned about the reduction of parking requirements. SB 50 is proposing a one size fits all approach to parking, without considering the areas affected. Parking reduction may work in areas with built -out, reliable mass transit, but Orange County is not one of those areas. The City currently requires 2 spaces per unit for parking and .25 spaces per unit for guest parking, while SB 50 proposes .5 spaces per unit only. Tustin is an example of a city that is actually creating new housing. The City has generated a significant number of units over the past few years that meet a wide range of incomes and lifestyles. These projects have been successful due to communication with the local community on the project's information and impacts. SB 50 proposes to do away with this community input that has been so successful in Tustin, potentially leading to drastic community change with no prior warning. Again, the City agrees that there is a state-wide housing production shortage. However, SB 50 with it's top-down, one size fits all approach, is not the right approach for Tustin and many other communities in the state. For these reasons, the City of Tustin opposes SB 50. Sincerely, Charles E. "Chuck" Puckett Mayor cc: Senator John M.W. Moorlach Assembly Member Steven S. Choi, Ph.D. Tony Cardenas, League of California Cities League of California Cities, citylettersncacities.or Jenn Lowe, Association of California Cities — Orange County ATTACHMENT 5 SB 50 Zone Map Aj arJj4ID s l }4�F �f tiro- h_ e ■ ' `, r `{ a lb Ell. 7 max... - •�• + f ^ ° 4 L ■ y4' S � Estimated SB 50 Impact Areas 1 l f On T ATTACHMENT 6 SB 669 Draft Support Letter May _, 2019 The Honorable Anna Caballero State Capitol Building, Room 5052 Sacramento, CA 95814 SUBJECT: SB 669 (Caballero) Notice of Support Dear Senator Caballero - The City of Tustin (City) is pleased to inform you of our support of SB 669. This bill establishes the Safe Drinking Water Trust Fund to provide a stable funding source to disadvantaged communities who do not have access to safe drinking water. Maintaining high quality water throughout California is essential. SB 669 creates a Trust that would be funded through the general fund in budget surplus years. The investment from the principle would be transferred to the State Water Resources Control Board to fund projects to help address community water systems that are chronically noncompliant with state and federal water quality standards. Cities across the state provide the critical service of securing and providing safe drinking water to their residents. The City is pleased to see a proposal to address clean drinking water without taxing a critical resource for all Californians. For these reasons, the City of Tustin supports SB 669. Sincerely, Charles E. "Chuck" Puckett Mayor cc: Senator John M.W. Moorlach Assembly Member Steven S. Choi, Ph.D. Tony Cardenas, League of California Cities League of California Cities, cityletters@cacities.org Jenn Lowe, Association of California Cities — Orange County