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HomeMy WebLinkAbout11 LEGISLATIVE UPDATEAgenda Item 1 1 Reviewed: AGENDA -REPORT City Manager (Cly Finance Director N/A MEETING DATE: AUGUST 20, 2019 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MATTHEW S. WEST, CITY MANAGER SUBJECT: LEGISLATIVE UPDATE SUMMARY: Staff has prepared a summary of state legislative activity. RECOMMENDATION: 1. Take an OPPOSE UNLESS AMENDED position on AB 516 (Chiu — D): Authority to remove vehicles. 2. Take a SUPPORT position on SB 670 (McGuire — D): Telecommunications: community isolation outage: notification. 3. Receive and file the updated legislative matrix as of August 8. 4. Other actions at the pleasure of the City Council. FISCAL IMPACT: Not applicable. DISCUSSION: Remaining Key Dates for 2019 Below is a reminder of remaining key dates for the legislative session: - August 30: Last day for fiscal committees to meet and pass bills - September 13: Last day for each house to pass bills - October 13: Last day for Governor to sign or veto bills Agenda Report — Legislative Update August 20, 2019 Page 2 Recommended Positions on Legislation AB 516 (Chiu - D): Authority to remove vehicles. - Brief Summary: AB 516 limits the ability of cities across the state to enforce vehicle violations. Specifically, AB 516 eliminates cities' ability to: o Immobilize a vehicle for drivers with five or more unpaid parking tickets o Tow vehicles with expired registration that are operating illegally o Tow vehicles in violation of parking time restrictions This bill will make existing parking issues worse in some areas, while creating new issues throughout Tustin and other communities. - League of CA Cities Position: Oppose, Hot - Recommended Position: Oppose Unless Amended SB 670 (McGuire - D): Telecommunications: community isolation outage: notification. - Brief Summary: SB 670 requires telecommunications providers to notify the California Office of Emergency Services (CaIOES) when 911- or -emergency- - - warning notifications experience outages. This bill can provide much needed notice for state and local governments to address emergency notifications in the event of an emergency. - League of CA Cities Position: Support - Recommended Position: Support Update on Active Major Legislation with City Positions (as of August 8) AB 392 (Weber): Peace officers: deadly force. - Position: Oppose Unless Amended - Status: Passed both houses of the Legislature. It awaits action by Governor Newsom. Agenda Report — Legislative Update August 20, 2019 Page 3 SB 230 (Caballero): Law enforcement: use of deadly force: training: policies. - Position: Support - Status: Passed the Assembly Public Safety Committee on June 25 on an 8-0 vote. It awaits a vote in the Assembly Appropriations Committee. SB 330 (Skinner): Housing Crisis Act of 2019. - Position: Oppose Unless Amended Status: Passed the Assembly Local Government Committee on July 10 on a 7-1 vote. It awaits a vote in the Assembly Appropriations Committee. Legislative Matrix Attached is an updated legislative tracking matrix as of August 8 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. Staff is available for any questions the Council may have. Attachments: - AB 516 draft oppose unless amended letter - SB 670 draft support letter - Legislative tracking matrix August 2019 The Honorable David Chiu State Capitol Building, Room 4112 Sacramento, CA 95814 SUBJECT: AB 516 (Chiu) Notice of Opposition Unless Amended Dear Assembly Member Chiu - The City of Tustin (City) regrets to inform you of its opposition to AB 516 unless amended, a measure that would eliminate the ability for cities to adequately enforce state and local vehicle violations. AB 516 would eliminate enforcement tools to address motorists who disregard basic laws designed to benefit the entire community. Specifically, the measure would eliminate the ability for the City of Tustin to: "Immobilize," or place a boot on a vehicle, for motorists who have five or more unpaid parking tickets. Remove vehicles with expired registration that are operating illegally; and Remove vehicles in violation of parking time restrictions. The immobilization of a vehicle is only used when someone has five or more unpaid parking tickets and has ignored the payment plans offered to them by our city, as established by recently chaptered bills AB 503 (2017) and AB 2544 (2018). In the City of Tustin these monthly payment plans are as low as $25 for an indigent person. This is a fair process that allows low-income individuals to pay their outstanding parking citations without impacting their ability to maintain their livelihood. The authority to remove vehicles that are operating unlawfully for failing to register within six months is an essential enforcement tool for violation of state and local laws aimed at requiring insurance, keeping our air clean, our storm drains free of pollution, and our streets safe. Motorists that allow their vehicle registration to expire for more than 6 months are not only in gross violation of state law, but are rejecting their basic responsibility to pay for various programs and services collected with their registration. It is key to note that the 72 -hour parking enforcement notice is usually triggered by a complaint from a local resident or business when cars appear abandoned or haven't moved for an extended period of time. Compliance costs nothing and can simply involve moving a vehicle to a more acceptable location to avoid a tow. By the time a tow is actually enforced, a vehicle has likely remained unmoved for days and possibly weeks. The approach in AB 516 rewards people who fail to pay their parking tickets, register their vehicles, or adhere to reasonable policies aimed at preventing abandonment and/or street storage of vehicles, regardless of income. Eliminating proportional consequences for these sorts of vehicle violations will exacerbate parking scarcity by creating an environment vulnerable for exploitation. This bill, coupled with efforts by the state aimed at eliminating local parking minimums, will create quality of life concerns across income demographics in California. For these reasons, the City of Tustin opposes AB 516. 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 August 2019 The Honorable Mike McGuire State Capitol Building, Room 5061 Sacramento, CA 95814 SUBJECT: SB 670 (McGuire) Notice of Support Dear Senator McGuire - The City of Tustin (City) is pleased to inform you of its support of SB 670, a measure that would require telecommunications providers to notify the California Office of Emergency Services (CalOES) of 911 service or emergency warning outages. SB 670 would require telecommunication providers to notify CalOES within 60 minutes of a 911 - service outage or any outage affecting emergency warning capabilities. CalOES would be responsible for notifying affected local offices of emergency services. The outage information would provide a description of the estimated area affected, approximate number of customers affected, estimated time to repair the outage, and a contact person that can provide CalOES with further updates. Additionally, telecommunication providers would be required to notify CalOES when 911 services are restored. SB 670 would ensure that state and local offices of emergency services have the crucial information they need to address 911 service interruptions in a timely manner. For these reasons, the City of Tustin supports SB 670. 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 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 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 AB city and county Elections Salas (D) would require each of those local jurisdictions to establish an independent redistricting commission for the Dead 1724 redistricting purpose of 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 Elections: local bond secured by an ad valorem tax, to provide the voters with a statement that includes estimates of the tax rates Senate - AB measures: tax rate Elections Obernolte required to fund the measure. Tax rates are expressed as the rate per $100 of assessed valuation on all Governance & 610 (R) statement property to be taxed to fund the bond measure. This bill would instead require that the tax rate be expressed Finance as the rate per $1,000 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 Assembly - charter amendments: Elections Stern (D) S 681 been found sufficient by the elections official. The bill would grant the same authority to withdraw to the Inactive File withdrawal proponent of 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 AB retailer engaged in the 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 marketplace penalties imposed on use tax liabilities due and payable for tax reporting periods beginning April 1, 2019 and facilitators. ending 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 Local government AB Boerner specified priorities over a 5 -year fiscal period, including, among others, mental and behavioral health services finance: budget Finance Dead 1640 Horvath (D) and affordable housing. The bill would provide this reporting requirement only applies to a local government reserves if the 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. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC 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 AB Christina napkins: tampons: Finance receipts from the sale in this state of, and the storage, use, or other consumption in this state of, tampons, Dead 31 Garcia (D) menstrual sponges sanitary napkins, menstrual sponges, and menstrual cups and menstrual cups AB Sales and use taxes: This bill, until January 1, 2025, would exempt from sales taxes the gross receipts from the sale in this state of, Finance Gonzalez (D) Dead 66 exemption: diapers and the storage, use, or other consumption in this state of, diapers for infants and toddlers. This bill would, commencing January 1, 2020, authorize a local agency to invest and deposit the agency's Local government: AB surplus funds in deposits at specified types of financial institutions whether those investments are certificates financial affairs: Finance McCarty (D) Senate -Floor 945 of deposit or another form, and would increase the percentage of the local agency's funds that can be surplus funds invested to 50%. Local government Authorizes a city, county, or city and county, or special district to levy an ad valorem tax to fund the financing: affordable ACA Aguiar-Curry construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or housing and public Finance Assembly -Floor S 1 (D) permanent supportive housing, or the acquisition or lease of real property for those purposes with 55% voter infrastructure: voter approval. approval. 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 any retailer, as defined, in exchange for the retailer locating or continuing to maintain a sales SB Local agencies: Finance Glazer (D) nexus, as defined, within the territorial jurisdiction of the local agency if the sales nexus would generate Assembly - Floor S 531 retailers 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. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Income taxes: credits This bill, under the law governing the taxation of insurers, the Personal Income Tax Law, and the Corporation Senate - AB low-income housing: Housing Chiu (D) Tax Law, for calendar years beginning in 2020, would increase the aggregate housing credit dollar amount Governance & S 10 farmworker housing. that may be allocated among low-income housing projects by an additional $500,000,000 Finance 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 AB Subdivisions: local Housing Gloria (D) the construction of reasonable offsite and onsite improvements of the parcels being created. This bill would Dead 1250 ordinances instead make those provisions applicable to a local ordinance that requires improvements for a subdivision consisting of 10 or fewer lots. 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 AB Emergency and Quirk -Silva needs that includes, among other things, the identification of a zone or zones where emergency shelters are Senate - Transitional Housing Housing 139 (D) allowed as a permitted use without a conditional use or other discretionary permit. Current law requires the Appropriations Act of 2019 identified zone or 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 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 Housing law that city or county has met the applicable minimum housing production goal for that reporting period. If HCD compliance: determines that a city or county has met its applicable minimum housing production goal for that reporting AB prohibition on Housing McCarty (D) period, HCD shall submit a certification of that result to the Controller. For each city and county that is not in Dead 0 0 1568 applying for state compliance, the bill would prohitbit it from applying for a state grant, unless the fund source of the state grants grant is protected by a 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. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 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 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 AB Land use: accessory or junior accessory dwelling units that do not permit at least an 800 square feet unit of at least 16 feet in Senate - 68 dwelling units. Housing Ting (D) height to be constructed. This bill would instead require a local agency to ministerially approve or deny a Appropriations O permit application for the creation of an accessory dwelling unit or junior accessory dwelling unit permit within 60 days 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 AB Land use: accessory Housing Ting (D) violates state law. The bill would require a local agency to consider HCD's findings and would authorize the Senate - 69 dwelling units. local agency to amend its ordinance to comply with state law or adopt a resolution with findings explaining Appropriations why the ordinance 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 Homeless Prevention Housing Irwin (D) issuance of bonds in an unspecified amount to provide additional funding for the VHHPA. The bill would Senate - 699 4 Bond Act of 2019 provide for the handling and disposition of the funds in the same manner as the 2014 bond act. Appropriations 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. AB Mobilehome parks: Housing Stone (D) The bill 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: above moderate - AB Would prohibit more than 20% of a jurisdiction's share of regional housing need for above moderate -income 725 income housing: Housing Wicks (D) housing from being allocated to sites with zoning restricted to single-family development. Dead suburban and metropolitan jurisdictions 4 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 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 Department of complete a study to evaluate the reasonableness of local fees charged to new developments and requires the Housing and study to include findings and recommendations regarding potential amendments to the Mitigation Fee Act to AB Community Housing Grayson (D) substantially reduce fees for residential development. This bill would require the department to post the Senate - Rules 831 Development: study: study on its internet website on or before March 1, 2020. The bill would also require the department, by local fees: new January 1, 2024, to issue a report to the Legislature on the progress of cities and counties in adopting the developments recommendations made in the study. 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 SB 4 Housing Housing McGuire (D) that is not subject to a conditional use permit. The bill would define a "neighborhood multifamily project" to Dead mean a project to construct a 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. 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 Assembly - S Development to access growth off of the school share for local projects that match state priorities. Appropriations Investment Program qr This bill will supersede certain local zoning regulations by (a) allowing residential buildings of at least four or Planning and zoning: five stories within half a mile of rail stations, (b) removing density limits within a quarter -mile of stops on bus SB 50 housing Housing Weiner (D) lines with frequent service, (c) removing density limits in high-income census tracts with lots of jobs and good Dead 0 0 development: schools, regardless of their proximity to transit (undefined at this time), (d) requiring streamlined approval of incentives fourplexes 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 Assembly - O O 330 2019 impact fees on affordable housing and limiting new design standards based on cost for 5 years. Appropriations City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 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 accessory structures. This would incentivize operating the property as a commercial enterprise and could AB Accessory dwelling Senate - Housing Bloom (D) have the unintended effect of largescale investors purchasing many single-family homes and adding ADUs, 0 881 units thus operating more like a property management company, not a homeowner seeking some additional Appropriations 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 Planning and zoning: receive 4 incentives or concessions under the Density Bonus Law. The bill would generally require that the Senate - AB density bonuses: Housing Chiu (D) housing development receive a density bonus of 80%, but would exempt the housing development from any Governance & O 1763 affordable housing maximum controls on density if it is located within % mile of a major transit stop or a high-quality transit Finance corridor, as 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 Accessory dwelling Wieckowski dwelling use. The bill would also revise the requirements for an accessory dwelling unit by providing that the Assembly - SB 13 units. Housing (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 additionally prohibit a local agency from disapproving or conditioning a housing development SB Housing project that is determined to be complete, as provided, and would make other related conforming changes. Assembly - 592 AccountabilityAct Housing Wiener (D) The bill would provide that the act applies to a housing development project regardless of whether the local p pp g p p j g Appropriations agency's review of the project is a ministerial or use by right decision, or a discretionary approval. Would establish the New Beginnings California Program in the Department of Community Services and Development and create the New Beginnings California Account for the purpose of providing matching grant AB New Beginnings Housing Calderon (D) funding to cities and local continuum of care programs to implement, expand, or continue employment Senate - S 344 California Program programs for homeless individuals, as specified. The bill would require qualifying employment programs to, Appropriations among other things, connect program participants with employment and pay them an hourly wage that is at or above minimum wage. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC Would require 90 days' notice if a landlord of a residential dwelling with a month-to-month tenancy increases AB Rent increases: the rent by more than 10%, but no more than 15%, of the amount of the rent charged to a tenant annually. Housing Friedman (D) Senate -Floor S 1110 noticing This bill would require 120 days' notice if a landlord of a residential dwelling with a month-to-month tenancy increases the rent by more than 15% of the amount of the rent charged to a tenant annually. California Emergency Solutions and This bill would require the Department of Housing and Community Development to develop and administer a SB Housing Program: Housing Hertzberg (D) program to award grants to qualified homeless shelters, as described, for the provision of shelter, food, and Assembly - S 258 grants: homeless Appropriations basic veterinary services for pets owned by people experiencing homelessness. shelters: pets and veterinary services Existing law has requirements for the disposal of surplus land by a local agency. This bill would expand the definition of "local agency" to include sewer, water, utility, and local and regional park districts, joint powers authorities, successor agencies to former redevelopment agencies and housing authorities, thereby requiring AB these entities to comply with these requirements for the disposal of surplus land. The bill would specify that Senate - Surplus land Housing Ting (D) 1486 the term "district" includes all districts within the state, and that this change is declaratory of existing law. Appropriations The bill would revise the definition of "surplus land" to mean land owned in fee simple by any local agency, for which the local agency's governing body takes formal action, in a regular public meeting, declaring that the land is surplus and is not necessary for the agency's use. 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 AB Community Housing, the legislative bodies, as applicable, that adopted the resolution of intention, one member appointed by each Redevelopment Law Chiu (D) Dead 11 Finance affected taxing entity, and 2 public members.The bill would also require that not less than 30% of all taxes 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. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill AB 1045 Title Public works: prevailing wages Category Labor & Employment Author Chen (R) Short Summary This bill would increase the threshold to require the payment of a prevailing rate of per diem wages to from $10,000 to $100,000 Location Dead LOCC ACCOC This bill would prohibit a public employer from deterring or discouraging a public employee or an applicant to Public employers: be a public employee from opting out of becoming or remaining a member of an employee organization. The AB employee Labor & Choi (R) bill would prohibit a public employer from taking adverse action against a public employee or applicant to be Dead 249 organizations Employment a public 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 AB Public employment: Labor & matters within the scope of representation, including preparation for the activities specified in these Senate - labor relations: Bonta (D) O 314 Employment provisions; to testify or appear as the designated representative of the exclusive representative in Appropriations release time conferences, hearings, or other proceedings before 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. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC 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 AB Public contracts: Labor & Senate - Chiu (D) or more of the following: a time extension for relief from damages or penalties for delay, payment of money 456 claim resolution Employment Appropriations or damages arising from work done pursuant to the contract for a public work, or payment of an amount disputed 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. This bill would provide that a public subsidy is de minimis if it is both less than $275,000 and less than 2% of AB Public works: public Labor & Kalra (D) the total project cost. The bill would specify that those provisions do not apply to a project that was Senate - Floor 520 subsidy Employment advertised for bid, or a 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 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 Chaptered 672 retirement: Employment (D) retirement, unless an exception applies. The bill would require, if a person retired for disability is employed by reinstatement an employer 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 Employment Labor & with the Department of Fair Employment and Housing within one year from the date upon which the Senate - AB 9 discrimination: Reyes (D) 0 Employment unlawful practice occurred, unless otherwise specified. This bill would extend the above-described period to 3 Appropriations limitation of actions. years for 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 Employment: are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to biochemical SB Labor & Assembly - workers' Hueso (D) substances, when the illness or condition develops or manifests itself during a period when the officer or 0 416 Employment Insurance compensation employee is in service of the employer, as 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. City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 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 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- Misc established by a local jurisdiction. The bill would require a van -accessible parking space served by electric Senate - Floor 1100 parking requirements Dove (D) vehicle 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 AB Election day holiday Misc Low (D) community colleges and public schools to close on any day on which a statewide general election is held. The Dead 177 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. 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 Senate - requester's Misc charged any fees or costs, to photograph or otherwise copy or reproduce any record upon inspection, unless 1819 on Judiciary Appropriations reproduction the 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 general plan: safety Misc Levine (D) Senate - Floor 747 range of emergency scenarios. element AB Elections: local The bill would require the governing body of each local jurisdiction described above to adopt new district, Senate - Misc Bonta (D) O 849 redistricting division, or trustee area boundaries after each federal decennial census Appropriations 10 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill, on and after January 1, 2030, would require the composition of a local board and commission of a State and local city eith a population of 50,000 or greater with appointed members to have a specified minimum number of boards and women board members or commissioners based on the total number of board members or commissioners AB Boerner Senate - commissions: Misc on that board. The bill would also require the office of the Governor, with respect to those boards and 0 931 Hovarth (D) Judiciary representation: commissions, to collect and release, annually, at a minimum, aggregated demographic data provided by state appointments and local board and 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 Open meetings: local AB any kind to discuss, deliberate or take action on any item of business. This bill would provide that the agencies: social Misc Mullin (D) Dead 992 prohibition does not apply to the participation in an internet-based social media platform by a majority of the media members of 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) Elections and 10 November 3, 2020, general election office Redistricting This measure would abolish the State Board of Equalization and instead require the Legislature to create a Assembly - ACA State tax agency Misc Nazarian (D) state tax agency by statute for purposes of carrying out those powers, duties, and responsibilities previously Revenue and 2 vested in the State Board of Equalization. Taxation Public record: writing This bill would, unless a longer retention period is required by statute or regulation, require a public agency AB transmitted by for purposes of the California Public Records Act to retain and preserve for at least 2 years every writing Senate - Misc Gloria (D) 0 1184 electronic mail: containing information relating to the conduct of the public's business prepared, owned, or used by any Appropriations retention public agency that is transmitted by electronic mail or other similar messaging system. 11 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC 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 Unmanned aircraft: within their jurisdictions, as specified. The bill would also authorize a local agency to require an unmanned AB state and local Misc Irwin (D) aircraft operator to provide proof of federal, state, or local registration to licensing or enforcement officials. Senate - Rules S 1190 regulation: The bill would include the operation of small unmanned aircraft systems within the definition of hazardous limitations 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 Wildfire, Drought, Obligation Bond Law to finance projects to restore fire damaged areas, reduce wildfire risk, create healthy SB 45 and Flood Protection Misc Allen (D) Dead forest and watersheds, reduce climate impacts on urban areas and vulnerable populations, protect water Bond Act of 2020 supply and water 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. This bill, if more than 50% of the electorate of a local jurisdiction voted in favor of AUMA, would require a local jurisdiction to issue a minimum number of local licenses authorizing specified retail cannabis commercial activity within that jurisdiction that would be permitted by a retailer license issued under MAUCRSA. The bill Cannabis: local would require the minimum number of those local licenses required to be issued in that jurisdiction to bel/6 AB jurisdictions: retail Misc Ting (D) of the number of currently active on -sale general licenses for alcoholic beverage sales in that jurisdiction, as Dead 0 0 1356 commercial cannabis specified, unless the minimum number would result in a ratio greater than one local license for retail cannabis activity commercial activity for every 15,000 residents of the local jurisdiction, in which case the bill would require the minimum number to be determined by dividing the number of residents in the local jurisdiction by 15,000 and rounding down to the nearest whole number. 12 13 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which would require, before January 1, 2024, regulations that require covered entities, as defined, to source reduce, to the maximum extent feasible, single-use packaging and priority single-use plastic productds and to ensure that by 2030 all single-use packaging and priority single-use plastic products in the California market are California Circular recyclable or compostable. The bill would require those regulations to achieve, by 2030, a 75% reduction of Economy and Plastic SB 54 Misc Allen (D) the waste generated from single-use packaging, and a 75% reduction of the waste generated from priority Assembly - S Pollution Reduction single-use plastic products, offered for sale or sold in the state through source reduction, recycling, or Appropriations Act composting, and would establish a policy goal to achieve, by 2030, a 75% reduction of the waste generated from all other single-use products offered for sale or sold in the state through source reduction, recycling, or composting. The bill would require covered entities to annually report specified information to the department This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which would require, before January 1, 2024, regulations that require covered entities, as defined, to source reduce, to the maximum extent feasible, single-use packaging and priority single-use plastic productds and to ensure that by 2030 all single-use packaging and priority single-use plastic products in the California market are California Circular recyclable or compostable. The bill would require those regulations to achieve, by 2030, a 75% reduction of AB Economy and Plastic Misc Gonzalez (D) the waste generated from single-use packaging, and a 75% reduction of the waste generated from priority Senate - S 1080 Pollution Reduction Appropriations single-use plastic products, offered for sale or sold in the state through source reduction, recycling, or Act composting, and would establish a policy goal to achieve, by 2030, a 75% reduction of the waste generated from all other single-use products offered for sale or sold in the state through source reduction, recycling, or composting. The bill would require covered entities to annually report specified information to the department 13 14 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 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 Public safety officers: reports and witness statements or a detailed description of the events that are the basis of the allegation investigations and Public Safety Cooper (D) before an officer's interrogation. The bill would specify information an agency may provide if it is investigating Senate - 133 7 interviews voluminous complaints, as defined, regarding the violation of the same rule or policy. The bill would specify, Appropriations 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. Unlawful entry of a This bill would make forcibly entering a vehicle with the intent to commit a theft therein a crime punishable Assembly - SB 23 vehicle Public Safety Weiner (D) by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 Appropriations S months, or 2 or 3 years. Law enforcement: This bill would require each law enforcement agency to maintain a policy that provides guidelines on the use use of deadly force: Public Safety Caballero (D) of force, utilizing deescalation techniques and other alternatives to force when feasible, specific guidelines for Assembly - S 233 0 training: policies the application of deadly force, and factors for evaluating and reviewing all use of force incidents. Appropriations Local Emergency This measure would establish a Local Emergency Preparedness and Hazard Mitigation Fund with the purpose AB Preparedness and Public Safety Chu (D) and intent of helping local jurisdictions to meet their emergency preparedness goals and boosting programs Dead S 291 Hazard Mitigation throughout the state that remain underfunded or neglected. Fund 14 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC 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 SB 46 Emergency services: Public Safety Jackson (D) requires any county that enters into such an agreement to include procedures to enable any resident to opt Dead S telecommunications out of the warning system and a process to terminate the receiving agency's access to the resident's contact information. Current law 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. 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, SB Telecommunications: within 60 minutes of discovering the outage. The bill would make the Office of Emergency Services Senate - 670 outages affecting Public Safety McGuire (D) responsible for notifying any applicable county office of emergency services and the sheriff of any county Governmental S public safety affected by the outage. The bill would require the responder outage notification to the Office of Emergency Organization 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. Would redefine the circumstances under which a homicide by a peace officer is deemed justifiable to include when the killing is in self-defense or the defense of another, consistent with the existing legal standard for self-defense, or when the killing is necessary to prevent the escape of a fleeing felon whose immediate AB Police officers: deadly Public Safety Weber (D) apprehension is necessary to prevent death or serious injury. The bill would additionally bar the use of this Engrossing and 0 0 392 force defense if the peace officer acted in a criminally negligent manner that caused the death, including if the Enrolling officer's criminally negligent actions created the necessity for the use of deadly force. 15 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC The bill would require the third -party contractor, in conjunction with the commission, by July 1, 2022, to Seismically develop a statewide inventory of potentially seismically vulnerable buildings in 29 specified counties in vulnerable buildings: Public Safety Nazarian (D) California using information developed by local jurisdictions pursuant to the above-described provisions. The Senate - S 422 9 inventory bill would require the commission to maintain the inventory and to report to the Legislature on the findings Appropriations of the inventory. This bill would delete the authority of a peace officer or public employee, as appropriate, to remove or immobilize a vehicle. The bill would also delete modify the authority to remove a vehicle parked or left AB Authority to remove standing for 72 or more consecutive hours in violation of a local ordinance by requiring the vehicle to remain Senate- Public Safety Chiu (D) O 516 vehicles parked or left standing for 10 or more business days after a notice is affixed to the vehicle specifying the date Appropriations and time after which the vehicle may be removed. The bill would repeal the related authority to conduct a lien sale to cover towing and storage expenses. This bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would allow a AB Income taxes: credit: Public Safety Nazarian (D) tax credit under both laws in an amount equal to 30% of the qualified costs paid or incurred by a qualified Dead S 234 seismic retrofits taxpayer for any seismic retrofit construction on a qualified building, as provided. Transportation: This bill would establish the California Smart City Challenge Grant Program to enable municipalities to emerging compete for grant funding for emerging transportation technologies to serve their transportation system transportation needs, and would specify certain program goals. The bill would require the commission to form the California A B technologies: Transportati Mullin (D) Smart City Challenge Workgroup on or before July 1, 2020, to guide the commission on program matters, as Dead S 659 California Smart City on specified. The bill would require the commission, in consultation with the workgroup, to develop guidelines Challenge Grant on or before March 1, 2021, for the program, which would not be subject to the Administrative Procedure Program Act, and would authorize the commission to revise them as necessary. This bill would limit the expenditure of TCA development fees to the maintenance, operation, or financing of County of Orange: a completed toll facility that is in service on January 1, 2020, and for which indebtedness was incurred. The bill would prohibit those entities, on and after January 1, 2020, from forming a new joint powers agency to AB joint exercise of Transportati Brough ® construct bridge facilities or major thoroughfares under that specific authorization or the general Dead 1273 powers agreeements: on authorization. The bill would prohibit a joint powers agency formed under that specific authorization before toll roads January 1, 2020, from designing, planning, developing, or constructing any of those facilities on or after January 1, 2020. 16 17 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 2019 LOCC = League of CA Cities ACCOC = Assn. of CA Cities OC Bill Title Category Author Short Summary Location LOCC ACCOC This bill would define a "shared mobility device" as a bicycle, electric bicycle, motorized scooter, electrically motorized board, or other similar personal transportation device, that is made available to the public for shared use and transportation, as provided. The bill would require shared mobility devices to include a single unique alphanumeric ID. The bill would allow a local authority to require a shared mobility device provider to provide the local authority with deidentified and aggregated trip data as a condition for operating a shared Shared mobility AB Transportati mobility device program. The bill would prohibit the sharing of individual trip data, except as provided by the Senate - devices: local Friedman (D) O 1112 on Electronic Communications Privacy Act. The bill would prohibit a local authority from imposing an unduly Transportation regulation restrictive requirement on a provider of shared mobility devices, including a requirement that is more restrictive than those applicable to riders of personally owned similar transportation devices.The bill would include findings that uniformity in certain aspects of local regulation of shared mobility devices and providers proposed by this bill addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities and counties, including charter cities and counties. This bill would require a shared mobility service provider, as defined, to enter into an agreement with, or obtain a permit from, the city or county with jurisdiction over the area of use. The bill would require that the provider maintain a specified amount of commercial general liability insurance and would prohibit the AB Shared mobility Transportati Muratsuchi Senate - provider from including specified provisions in a user agreement before distributing a shared mobility device S 1286 deivices: agreements on (D) Transportation within that jurisdiction. The bill would define shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided.This bill contains other related provisions. 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 Public water systems: federal primary drinking water standard to take effect 3 years after the date on which the state board adopts AB primary drinking Blanco Rubio 1204 water standards: Water (D) or amends the primary drinking water standard. The bill would authorize the state board to delay the Dead effective date of the primary drinking water standard adoption or amendment by no more than 2 additional implementation date years as necessary for capital improvements to comply with a maximum contaminant level or treatment technique. 17 City of Tustin Legislative Tracking Matrix S = Support O=Oppose Yellow: Hot Green/Red: COT Position As of August 8, 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 contaminants: substances should be tested as a identified as a potential risk to human health. health, as provided. The bill Senate - AB perfluoroalkyl and Water Ting (D) would require the Board to determine which of the substances are appropriate candidates for notification Environmental 841 polyfluoroalkyl levels to be adopted by the state board. The bill would require the office, by January 1, 2022, to provide to Quality substances the Legislature an update on the assessment. The bill would require the office to assess annually those substances as new information, scientific research, and detection methodologies become available. SB Water Quality: Safe This bill would create the "Safe Drinking Water Trust Fund" to provide a stable funding source for Water Caballero (D) Dead S 669 Drinking Water Fund communities without access to reliable drinking water. 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 treatment: recycled Water Hertzberg (D) facility that discharges through an ocean outfall and affiliated water suppliers to reduce the facility's annual Dead 0 0 332 water flow 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 Control Board (State Water Board) to order the consolidation of certain small water systems that are not in Assembly - Water Caballero (D) 414 Authority Act of 2019 compliance with specified clean drinking water standards through the formation of a small system water Appropriations authority, as specified. This bill would establish the Safe and Affordable Drinking Water Fund in the State Treasury to help water SB systems provide an adequate and affordable supply of safe drinking water in both the near and the long term. 200 Drinking Water Water Monning (D) As proposed by the Senate, this would be the vehicle for a $150 million general fund appropriation each year Chaptered for safe driking water. W: