HomeMy WebLinkAbout09 LEGISLATIVE UPDATEDocuSign Envelope ID: OB517A8F-667D-4459-9540-764A53E687DO
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AGENDA
, REPORT
S
Agenda Item 9
Reviewed: °S
City Manager
Finance Director N/A
MEETING DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MATTHEW S. WEST, CITY MANAGER
SUBJECT: LEGISLATIVE UPDATE
SUMMARY:
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a summary
of state legislative activity.
RECOMMENDATION:
1. Take a SUPPORT position on SB 986 (Umberg) Vehicles: catalytic converters
2. Receive and file the updated legislative matrix as of June 9
3. Receive and file legislative updates prepared by TPA
FISCAL IMPACT:
Not applicable.
DISCUSSION:
State Legislative Updates
TPA has created a summary of state legislative activity for the month of May that is
attached to the staff report.
Recommended Position on Legislation
Staff and TPA are recommending the following positions on bills. A draft letter is
attached to the staff report.
SB 986 (Umberg) Vehicles: catalytic converters
- Summary: Establishes methods of tracing for catalytic converters by requiring core
recyclers to provide payment for a catalytic converter only in traceable methods,
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Agenda Report — Legislative Update
June 21, 2022
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and prohibiting a dealer or retailer from selling a new motor vehicle equipped with
a catalytic converter unless the catalytic converter has been engraved or etched
with the vehicle identification number
- Recommended Position: Support
Legislative Tracking Matrix
Attached is a legislative tracking matrix as of June 9 that tracks bills of interest as well as
bills tracked by the League of California Cities (LOCC), the Municipal Water District of
Orange County (MWDOC) and other state and local associations. The matrix is sorted by
bill category.
Attachments:
- TPA May 2022 Update
- Draft SB 986 letter
- Legislative matrix as of June 9
- 2022 Legislative Platform
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T*%`D`WNSEND
TPA
MEMORANDUM
To: City of Tustin
From: Townsend Public Affairs
Date: June 4, 2022
Subject: May Monthly Report
The month of May saw numerous anticipated developments — such as the release of the
Governor's updated spending proposal and the progress and failure of hundreds of bills that
needed to pass off the appropriations suspense file and adhere to the house of origin deadline.
Notably, however, the month of May also saw several unanticipated developments — such as
potential changes to the Assembly Speakership, with Assembly Member Robert Rivas
announcing that he had secured enough votes from the Democratic Caucus to replace the current
Speaker, Anthony Rendon. Below is an overview of state legislative updates that transpired during
the month of May.
State Legislature
The month of May featured two major legislative deadlines bills must pass in order to advance to
the second house: the appropriations suspense file hearings, and the house of origin deadline.
On May 19, both the Senate and Assembly Appropriations Committees held their "suspense file"
hearings, wherein hundreds of bills were held under submission and will not move forward for the
remainder of the Legislative Session. The appropriations suspense process was borne out of a
desire for fiscal prudence, and essentially serves as a filter for the hundreds of bills introduced
each year that are deemed to have a significant fiscal impact on the state's finite resources. Bills
may be held under submission for a number of reasons - their structure may be duplicative to
existing budget spending proposals, bill authors may have identified other bills within their portfolio
as having a greater priority, or a bill may be deemed politically unfeasible for a number of reasons.
Suspense file hearings are done in rapid speed, with Appropriations Chairs reading the outcomes
of hundreds of bills. This year, the Assembly Appropriations Suspense file featured 601 bills, of
which 175 were held under submission (29%). The Senate Appropriations Suspense file featured
358 bills, of which 48 bills were held under submission (13%).
Because May's suspense file hearings mark the first iteration of two, more bills tend to pass out
of their house of origin's suspense file than the suspense file hearing in the second house. This
can be somewhat attributed to political favorability of bills authored by colleagues within the same
house.
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Following the outcomes of the suspense file hearings, the last week of May featured another
major legislative hurdle for bills — the house of origin deadline. The House of Origin deadline
marks the last day for any bill introduced in the Senate or Assembly to pass off the floor and into
the second house for consideration. Both houses considered hundreds of bills throughout the
week. Below is a summary of various priority bill outcomes, organized by issue area:
Housing:
AB 2011 (Wicks) requires qualifying 100% affordable housing projects to be approved
by -right through a ministerial process on specified sites located on "commercial corridors."
Commercial corridors would be defined as a highway (including a local road), that is not a
freeway, and that has a right-of-way of at least 70 and not greater than 150 feet. The
allowable size of the project would be based on the width of the right of way. The
applicable sites are those located in a zone "where office, retail, or parking are a principally
permitted use." AB 2011 passed off the Assembly Floor on a 48-11 vote. During the
bill's discussion, Assembly Member Wicks noted she would explore adopting
amendments to address local government concerns once it crosses over to the Senate.
An overview of amendments has not yet been finalized.
• AB 2053 (Lee) Establishes the California Housing Authority (CHA) for the purposes of
developing mixed -income social housing on vacant or surplus parcels. This bill passed
off the Assembly Floor on a 47-20 vote.
Governance and Transparency:
AB 1944 (Lee) allows, until 2030, members of a legislative body of a local agency to use
teleconferencing without identifying each teleconference location in the notice and agenda
of the meeting or proceeding, and without making each teleconference location accessible
to the public, under specified conditions. The measure was amended to specify that if a
member elects to teleconference from a non-public place, at least a quorum of members
of the legislative body participates from a single physical location that is clearly identified
on the agenda, open to the public, and situated within the boundaries of the territory over
which the local agency has jurisdiction. The bill passed off the Assembly Floor on a
44-12 vote.
• AB 2449 (Rubio) allows, until January 1, 2028, members of a legislative body of a local
agency to use teleconferencing without identifying each teleconference location in the
notice and agenda of the meeting, and without making each teleconference location
accessible to the public, under specified conditions. The bill passed off the Assembly
Floor on a 65-4 vote.
Behavioral Health:
SB 1338 (Umberg and Eqqman) implements Governor Newsom's Community
Assistance, Recovery and Empowerment (CARE) Court proposal, which provides that
individuals experiencing behavioral health crises may be put into Court-ordered treatment
plans lasting up to 24 months. Recent amendments require clarification to identify as many
housing options as possible, regardless of which entity — county, city, state or nonprofit —
owns or operates the unit(s). During the bill's discussion, more than a dozen senators
addressed their colleagues with a mix of policy inquiries and moving personal stories of
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friends, relatives, and constituents living with psychotic disorders who might have been
helped by a CARE Court Additionally, many senators raised concerns over the role of local
governments in implementing the bill's provisions, and if more funding/resources would
need to be allocated to carry out its goal. The bill passed off the Senate Floor with
unanimous approval, 39-0.
Transportation:
AB 2237 (Friedman) requires a regional transportation planning agency or county
transportation commission to rank projects in its Regional Transportation Improvement
Program based on "adherence" to the state's climate goals and its most recent
Sustainable Community Strategy (SCS). It would also require the California Air Resources
Board, in consultation with the California Transportation Commission, to review each
project in the regional list for adherence to the state's climate goals or most recent SCS.
This bill barely passed off the Assembly Floor on a 41-27 vote.
• SB 932 (Portantino) requires the circulation element of a general plan to include specified
contents related to bicycle plans, pedestrian plans, and traffic calming plans, and to
implement those plans; provides that failure to implement the plans creates a cause of
action for victims of traffic violence in specified counties from January 1, 2024 to January
1, 2028. This bill passed off the Senate Floor on a 25-10 vote.
Following the passing of the House of Origin deadline, the Legislature will once again turn its
focus back to the budget. This will entail budget subcommittee meetings to discuss various
specific issue areas, the release of trailer bill and budget implementing language, and the
Legislature finding consensus on their budget asks to negotiate with the Governor's
Administration.
State Budget
On May 13, Governor Newsom released the May Revision of his budget proposal for the 2022-
2023 fiscal year. The "May Revise" edition of the budget framework reflects revised revenue and
expenditure estimates for both the current and budget years and allows the Administration and
the Legislature to reconcile and reconfigure spending plans appropriately.
In total, the updated spending plan includes $300.7 billion in total spending, reflecting a 5%
increase from January's total spending plan of $286 billion. In the spirit of fiscal prudence,
Governor Newsom iterated that 99% of new programs included in the May Revise would utilize
one-time spending formulas because ongoing programs can be difficult to fund in the long-term.
The Governor announced that the state had a $97 billion -dollar projected surplus — up over
$50 billion dollars from January's projected surplus of $45.7 billion. To put this into perspective, it
was just 20 years ago that the state's entire budget hit $100 billion for the first time. Now, the
surplus is almost that much, in an over $300 billion spending plan. Of the $97 billion surplus,
$49.2 billion is marked for discretionary use.
Despite this massive revenue growth, the Legislative Analyst's Office (LAO) cautions that the
implications of unanticipated revenues for the state's budget are not straightforward, and that the
state should anticipate significant spending constraints due to the requirements of the State
Appropriations Limit (SAL). Having reached the Proposition 4 (1979) SAL, each additional dollar
of revenue must be allocated consistent with SAL requirements, generally making them
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unavailable to fund baseline expenditures. In addition, the state must allocate its statutorily
dedicated percentages of funds toward education, reserve, and debt payments, consistent with
provisions pursuant to Propositions 98 (1988) and 2 (2014). The LAO estimates that for every
dollar of tax revenue above the SAL, the state faces approximately $1.60 in constitutional funding
obligations. This is expected to materialize into major budget issues during the 2025-26 fiscal
year, if not met with SAL reform or other resilience -enhancing actions.
Regarding the state's reserve accounts, the Governor announced the May revise projects a total
of $37.1 in total reserves, broken down into the following accounts:
• $23.3 Billion in the Rainy -Day Fund,
• $9.5 billion in the School Stabilization Reserve,
• $3.4 billion in the Operating Reserve; and
• $900 million in the Safety Net Reserve.
While January's proposed budget framework focused on addressing what Governor Newsom
referred to as "California's five existential threats" which included addressing the COVID-19 crisis
and investments in climate resiliency, the rising cost of living, homelessness, and public safety,
the May Revise doubled down on the issues of the rising cost of living, infrastructure investments,
and climate resiliency.
As global inflation and war in Europe drive up costs across the country, the Governor is proposing
an $18.1 billion inflation relief package to get money back into the pockets of Californians and
bring down costs for families. The package includes an additional $2.7 billion in rental relief and
utility bill assistance, $400 rebates to offset the rising cost of gas, stipends to nursing and hospital
staff, family fee waivers for childcare, and more.
In addition to the inflation relief package, another top spending adjustment was made to the
Climate resiliency package, which the Governor now touts as comprising $47.1 billion in total
spending. The May Revise built upon recent investments and proposed increasing funding for
drought mitigation, wildfire and forest protection, and energy storage and capacity.
Noticeably absent from the May Revise were typically massive investments in housing and
transportation. During his presentation, Governor Newsom mentioned that "local governments
have received unprecedented support in terms of flexible dollars" and that the allocation of future
flexible dollars will depend on local governments' ability to meet accountability metrics — with
special attention focused on the Homekey, Encampment Resolution Grants, and CARE Court
programs. While his revised Budget proposes $500 million in additional encampment resolution
grant dollars and $150 million in new Homekey funds, the Senate's budget priorities outline an
additional $3 billion in HHAP funds over a three-year period. It is likely that negotiations between
the Governor, Senate, and Assembly will result in a modification of the Senate's proposed
allocation to HHAP.
With regard to transportation funding, the Governor's presentation glossed over the topic entirely.
However, May Revise budget summary documents reveal that the Governor's updated plan
proposes an additional $500 million for the Active Transportation Program, along with $750 million
in incentive grants to transit and rail agencies to provide free transit for Californians for three
months. The other major modification to the transportation spending package includes directives
for the spending of funds provided via the Federal Infrastructure Investment and Jobs Act (IIJA).
Last year, the Governor and the Legislature failed to reach a deal on transportation package funds
due to a disagreement on the use of Proposition 1A funds for the high-speed rail project. While
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the January budget framework accounted for massive investments in high-speed rail, the May
Revision notably did not reconfigure these proposed investments. It is likely that negotiations on
the transportation spending package are currently happening behind the scenes. Even more, the
California Transportation Agency noted it would not be holding a budget briefing for the May
Revise because not enough had changed from January's proposed investments to warrant a new
briefing.
Following internal negotiations and informational budget hearings, the Assembly and Senate will
release their implementing budget language within their chosen budget vehicles — AB 1624 for
the Assembly and SB 840 for the Senate. It is important to note that the budget process will
include reconciliation between the Governor's, Assembly's, and the Senate's versions.
Below is a high-level overview of proposed expenditures, organized by issue area:
Inflation Relief Package ($18.1 billion total new investments)
• $11.5 billion: Tax Refunds
• $2.7 billion: Emergency Rental Assistance (Bringing total amount of dispersed rental
assistance to $8.1 billion)
• $1.4 Billion: Helping people pay utility bills
o $1.2 billion for electricity
o $200 million for water
• $933 million: Health care worker retention stipends
o $1,500 payments to hospital and nursing home staff
• $750 million: Free Public Transit for three months
• $439 million: 12 month pause on diesel tax
• $304 million: Middle class health care subsidies
• $157 million: Fee waivers for childcare (savings up to $595 per month)
Housing and Homelessness
• $500 million: Adaptive re -use projects: Converting malls and office buildings into housing
• $500 million in Encampment Clean Up Grants
• $500 million: Crisis Response/Interim Housing (i.e., Tiny Homes)
• $125 million: Additional Homekey funds
• $3 million: Transitional housing to youth discharged from CDCR's Division of Juvenile
Justice by the Board of Juvenile Hearings in 2022-23
• HHAP funding: No additional funds, however, pursuant to 2021 budget allocations, $1
billion is currently available for 2022-23. The Governor wishes to see tangible
"accountability data" revealing effective use of funds to extend HHAP allocations in
future budget cycles.
Public Safety
Building off January Investments, the May Revise includes an additional $193 million in
Spending for the following programs:
• Fentanyl task force at DOJ
• Combatting cartel fentanyl trafficking
• Victim's services
• Officer wellness
• Child se trafficking/exploitation
• Missing and murdered Indigenous persons
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• Nonprofit security grants
CARE Court:
• $65 million: State and courts support
• Other resources: $11.6 billion per year: Existing behavioral health funding
• Realignment funding, MediCal, MHSA, etc.
• $4.5 billion: mental health beds (from previous budget cycles
Climate Resiliency:
• Total Commitment: $47.1 billion
0 2021-22 Budget investments: $15.1 billion:
o January budget framework: $22.5 billion
o May: Additional $9.5 Billion
Climate Resiliency (Drought: $1.3 billion in new proposed spending):
• Total $7.2 billion
o $5.2 billion: 2021-22
o $750 million: January
o $1.3 billion: May
• $1.3 billion in additional May Revise funds for the following projects:
o $533 million: Drought Relief projects, food assistance for farmworkers
o $530 million: Water recycling, groundwater cleanup, clean water projects
o $280 million: habitat/nature-based solutions to address drought impacts on fish
and wildlife, habitat, and water resilience projects
o $187 million: agricultural and water conservation practices
Climate Resiliency (Wildfire and Forest Protection: $233 million in new proposed
spending)
• $1.5 billion: 2021-22
• $1.2 billion + $648 million: January
• $233 million: May
• $233 million in additional May Revise funds for the following projects:
o $104 million: Fire crews — CA Conservation Corps and Military
o $83 million: 2022 Fire Season Augmentation
o $37 million: Mission Operations Support
o $9 million: Air Attack Staffing
Climate Resiliency (Energy: $8 billion included in new spending in the May Revise)
• $5.2 billion: Strategic Electricity Reliability Reserve
• $1.2 billion: Energy bill supports (utility arrearages)
• $970 Million: Accelerate renewable energy development — residential solar and storage
systems
• $225 million: New Electricity transmission, including from Salton Sea
Transportation:
• $500 million: Active Transportation Program
• $750 million: incentive grants to transit and rail agencies to provide free transit for
Californians for three months
• $50 million (annually): To Caltrans to administer and implement the state and local
transportation funding provided by the IIJA
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• $144 million: Add 626 positions to Caltrans to provide engineering and design support
associated with the increased project workload
Education:
• $8 billion: flexible block grant
• $2.1 billion: declining enrollment support
• $2.1 billion: LCFF base increase
• $1.1 billion: LCFF COLA (6.56%)
• $1.5 billion: Community schools
• $1.8 billion: School facilities
• $1.8 billion: Deferred maintenance
• New Statewide Degree completion goal: 70%
Jobs/Economy
• $2.1 billion: Grow and Relocate to California
o $1.05 billion: Clean Energy Grants (over a 4 -year period)
o $1.02 Billion: Cal Compensates tax credits and grants (over 5 -year period)
o $45 million: sales tax exemptions (over 3 years)
• $500 million in small business grants
• $450 in conformity expansion
• $439 million: Diesel sales tax pause
• $75 million: supporting agricultural businesses impacted by drought conditions
Reproductive Health
• $125 million: $68 million in January, plus an additional $57 million in May
o $40 million: Uncompensated care fund
o $15 million: CA reproductive Justice and Freedom Fund
o $2 million: Research and Public information
This proposed grant program will:
• Award funding to eligible local jurisdictions proportionally based on the population size
served to support the development and implementation of a local jurisdiction retail
program.
• Award funding to eligible local jurisdictions based on the number of permits issued
pursuant to the local jurisdiction retail licensing program.
• Award additional funding to eligible local jurisdictions that issue permits to equity
applicants pursuant to the local jurisdiction retail licensing program.
Debate over the Next Speaker of the House
On May 27, Assembly Member Robert Rivas (D -Salinas) announced he secured enough votes
from members of the Democratic Caucus to become the next Speaker of the California State
Assembly. Assembly Member Rivas represents the 30th Assembly District, encompassing San
Benito County and parts of Monterey, Santa Clara, and Santa Cruz counties. He has served as
the Assembly Member for the 30th District since 2018. If elected, he would become the first
California State Assembly Speaker in the modern era to represent a rural district.
Assembly Member Rivas' issue portfolio ranges from championing efforts to clean up waterways,
securing relief funding for California farmworkers, and supporting efforts to build more affordable
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housing. Notably, in the interim time before the start of the 2022 Legislative Session, he and
Assembly Member Grayson formed the first ever "Assembly Housing Working Group" to examine
barriers and explore solutions to the state's housing production and affordability crisis. The
Working Group toured areas throughout the state to meet with local officials and housing
stakeholders to understand unique housing and affordability circumstances in various
communities. The Working Group's findings transpired into many legislative proposals during the
2022 Session.
In order to become the next Speaker, a candidate must secure enough votes from the Democratic
Caucus, which is then followed by an official vote of all members of the Assembly on the Assembly
floor. It is typical for leadership changes to be negotiated in private and announced via a joint
statement between the outgoing and incoming leader. In this particular case, Speaker Rendon
did not acknowledge or accept Assembly Member Rivas' attempt at succession.
On Tuesday, May 31, the Assembly convened in the chambers to go over the regular order of
business. However, Members were quick to make motions to immediately break for closed
session Caucus meetings to deliberate the choice of the next Speaker. The Democratic Caucus
then debated the course of the next speakership for six continuous hours. Once they emerged,
both Speaker Rendon and Assembly Member Rivas released the following joint statement:
"1 applaud Robert Rivas for securing the support of a majority of the current
Democratic Caucus to succeed me as Speaker of the Assembly," said Speaker
Anthony Rendon. "Assembly Member Rivas has brought together a broad and
diverse coalition that reflects the high esteem in which he is held by our
colleagues. "
'Anthony Rendon is serving us well as Speaker and we have a lot of important
business in front of us, " said Assembly Member Robert Rivas. "I agree with the
majority of our current caucus that Speaker Rendon should remain as Speaker for
at least the rest of this legislative session. I look forward to working with him for the
betterment of California and the unity of the Assembly Democratic Caucus.
The statement points to Speaker Rendon maintaining his status for the remainder of the 2022
legislative session. While Assembly Member Rivas is now poised to succeed Rendon, the timing
of the transition presents interesting challenges. For one, the beginning of next session will bring
13 new Assembly Democrats following the massive turnover from this year. This could sway the
Caucus' position on the Speakership succession out of Rivas' favor. In addition, following the six
hour closed Caucus session, Assembly Member Kevin McCarty told reporters that Speaker
Rendon plans to run again for Speaker next year, which could result in him maintaining the
Speakership until he terms out in 2024. This signals that the issue will continue to develop until
the vote is held at the beginning of next year's session.
A change in Assembly Speakership is also likely to catalyze changes to existing committee chairs,
given that the Speaker presides over the appointment of Committee members and leadership. It
is likely that Assembly Member Rivas may appoint other members within the Caucus to serve as
chairs to powerful committees. The Assembly Speakership has often been referred to as the
second most powerful position in California, behind the Governor. Unlike in the Senate where the
Lieutenant Governor technically serves as the President, the Assembly Speaker is less
constricted by higher office proceedings and has greater discretion to exercise power through
various means — whether that be through committee appointments, agenda setting, and the order
of business conducted on the floor.
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"Taxpayer Protection and Government Accountability Act" Proponents Announce They
will not Move Forward with Measure for November Ballot
Last month, the California Business Roundtable (CBRT) announced they will not get the
"Taxpayer Protection and Government Accountability Act" on the November 2022 ballot. Instead,
they will try again for 2024.
The Taxpayer Protection and Government Accountability Act would amend the California
Constitution to restrict the ability of the state, local governments, and the electorate to approve or
collect taxes, fees, and other revenues. It would require voter approval of all state taxes, would
further restrict local fee authority by limiting it to the "minimum amount necessary" to provide
government services, and would require voter approval for local measures such as franchise fees.
Its provisions would make it easier to challenge local revenue measures by increasing the burden
of proof on local agencies while disallowing an agency's characterization of a measure from being
considered in court.
The measure would prohibit city charter amendments that provide for any revenue whatsoever
from being submitted to the electorate. It would also prohibit local agencies from placing advisory
measures on the same ballot as any general revenue measure and would raise the threshold for
voter approval of local revenue measures proposed by initiative to two-thirds. Notably, the
threshold to pass this measure is only by majority vote.
To be placed on the November 2022 ballot, the measure must garner no less than 997,139 total
signatures by August 2, 2022. On March 16, 2022, the Secretary of State's Office reported that
the measure gathered 25% of its required signatures, signaling the proponent's campaign funding
stability and momentum. However, with this news, the measure will no longer appear on the ballot
for voter consideration.
State Water Board Moves to Increase Water Conservation Efforts
Last month, the State Water Resources Control Board voted unanimously to implement a
statewide ban on the watering of non-functional turf in the commercial, industrial, and institutional
sectors, as well as regulations requiring local agencies to implement water use restrictions. These
new regulations come amid projections that available water supplies may be 20% lower than
average due to extreme weather conditions, which includes drought.
The regulation also requires all urban water suppliers to implement conservation actions under
level two of their water shortage contingency plans. Level two water shortage contingency plans
are meant to address up to a 20% shortage of water supplies. In addition to implementing level
two actions, the regulation requires urban water suppliers to fast-track supply and demand
assessments to plan for potential extended dry conditions. Level two actions often include limiting
outdoor irrigation to certain days or hours, increasing patrolling to identify water waste, and
increasing water conservation outreach communications. However, about half of the state's 436
water suppliers (both urban water retailers and wholesalers) have not yet activated level two, and
36 have not submitted drought plans. Thus, the emergency regulation will require those suppliers
who have not yet activated level two requirements to do so once the regulation becomes effective.
The approved regulation will be submitted to the Office of Administrative Law, or OAL, for
approval.
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Legislative Leaders Address Gun Violence, Move Forward with Legislation
Following the devastating school shooting in Uvalde, Texas, Senate Pro Tem Atkins and
Assembly Speaker Rendon gathered with Governor Newsom in the Capitol last month to reaffirm
their commitment to gun violence prevention and highlight California's success in reducing firearm
deaths while vowing to expedite more than a dozen bills currently in the Legislature. One of the
bills on the list is SB 1327 by Senators Hertzberg and Portantino, which employs the same legal
mechanism used in a Texas abortion ban to create a private right of action against makers and
distributors of certain firearms, in the event those weapons are used illegally. The Governor
announced he is working with the authors to add an urgency clause to the measure, which would
make its provisions effective immediately. Other bills include AB 1621 by Assembly Member
Gipson, which would crack down on ghost guns, AB 2571 by Assembly Member Bauer -Kahan
which would restrict marketing of firearms to minors, and AB 1594 by Assembly Member Ting,
which would allow the state attorney general and private citizens to sue manufacturers and sellers
of firearms for the harm caused by their products.
While the month of April saw fewer updates, which can partially be attributed to the two-week
Spring Recess Congress took from April 8 through April 25, May was a bustling month for
progress on numerous policy fronts, including efforts to support affordable housing construction,
easing the supply chain impacts on the formula shortage, and responding to the uptick in mass
shootings across America. Below is an overview of federal legislative updates that transpired
during the month of May.
President Biden Announces New Housing Supply Action Plan
The White House announced actions they are taking with the goal of lowering housing costs. The
Housing Supply Action Plan aims to create thousands of affordable housing units in the next three
years.
Highlights of the action plan include the following:
• The Administration urges local governments to dedicate more of their American Rescue
Plan funds to build affordable housing
• Biden officials will reward jurisdictions that have reformed zoning and land -use policies
with higher scores when they apply for certain federal grants
• The Administration wants to make it easier to re -use federal properties as housing for the
homeless. New regulations will be issued this summer
• HUD, which oversees code for manufactured housing, will try to resolve inconsistencies
with local codes by issuing waivers or by updating the code
• By the end of September, the administration will finalize "income averaging" regulations in
the Low -Income Housing Tax Credit program to allow developers take the average of the
income for some households in the property, as opposed to requiring each household to
meet the same threshold
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The announcement and fact sheet from the White House are linked here.
Infrastructure Funding Opportunity: Safe Streets and Roads for All (SS4A) Grant Program
Last month, the U.S. Department of Transportation (DOT) announced the application process for
the Safe Streets and Roads for All (SS4A) discretionary grant program is now open. The deadline
is September 15, 2022. Cities, counties, and transit agencies are eligible as direct recipients for
this funding. The SS4A grant aims to improve roadway safety by supporting communities in
developing comprehensive safety action plans based on a Safe System Approach and
implementing projects and strategies that significantly reduce or eliminate transportation -related
fatalities and serious injuries involving pedestrians; bicyclists; public transportation, personal
conveyance, and micro mobility users; commercial vehicle operators; and motorists. Funding can
also be used to support robust stakeholder engagement to ensure that all community members
have a voice in developing plans, projects and strategies.
Democratic Legislators Move to Pass Gun Reform Legislation
In response to the massacre at a Texas elementary school, discussion of red -flag laws has been
revived as a potential compromise between Democrats and Republicans. Red -flag laws allow law
enforcement officials or family members to ask a court to temporarily prevent a firearms purchase
by someone deemed a danger. There is still division as to how the specifics of the law would
work, raising concerns about whether a compromise can be reached. In October, the House
Judiciary Committee approved a bill on a party -line vote that would create a federal red -flag law.
House Majority Leader Steny Hoyer (D -MD) said the house will debate this bill, and Democrats
could use their majority to pass it. However, once sent to the Senate, the bill will need at least 10
Republican votes to move it forward. Several Senate Republicans have said they support
providing incentives for states to enact red -flag laws.
Below is an overview of the three bills currently at the top of the list for consideration by Congress:
1. H.R. 8 the Bipartisan Background Checks Act of 2021
The "gun -show loophole" in federal gun background check laws would be closed under
H.R. 8. The bill would require any firearm transfer between unrelated, unlicensed
individuals—such as participants at a gun show—to be conducted through a licensed
dealer, who is required to perform the background check on the recipient.
Background Checks System
Current law requires gun dealers—those who are in the business of selling guns—to
obtain a license from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
They are also required to use the National Instant Criminal Background Check System
(NICS) to determine whether a potential buyer is eligible to purchase a firearm.
Federal prohibitions on owning a gun are based on age, criminal history, mental health,
and drug use, among other restrictions. Federal agencies are required to provide any
records they have demonstrating an individual falls into a prohibited category. State
participation is voluntary, and the federal government provides grants to encourage and
improve reporting.
Dealers who don't comply with the background check requirement can be fined and
imprisoned for as long as one year.
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Gun Show Purchases
The background check requirement in current law doesn't apply to transfers by unlicensed
sellers, who are allowed to sell firearms at the several thousand gun shows typically held
around the U.S. each year without performing background checks. Similarly, other sales
by unlicensed individuals over the internet or in person aren't subject to background
checks.
Beginning 180 days after the bill's enactment, most transfers between unlicensed
individuals, including gifts and trades, would have to be performed through a licensed
dealer. The dealer would have to take possession of the firearm and then perform a
background check on the recipient before completing the transfer.
The requirement would not apply to:
• Transfers involving law enforcement agencies and officers, security professionals,
or members of the armed forces if it's connected with their official duties.
• Loans or gifts between spouses, domestic partners, parents, children and
stepchildren, and other family members, as long as the person making the transfer
has no reason to believe the firearm will be used in a crime or the recipient is
prohibited from possessing it.
• Transfers related to administration of an estate or that happen automatically when
a person dies.
• Temporary transfers needed to prevent imminent threats of harm to oneself or
others, including domestic violence.
• Transfers approved by the Justice Department.
• Loans for use at shooting ranges or while hunting if the owner is present and
doesn't have reason to believe it will be used illegally.
If a transfer isn't completed after the dealer has taken possession of the gun, the dealer
could return the firearm to the original owner without performing a background check.
Licensed dealers would have to notify participants in a transfer covered by the bill that a
background check is required, and the recipient would have to affirm they received the
notice on a Justice Department form. The measure includes language to stipulate that it
wouldn't authorize creation of a national firearms registry or preempt state laws that are
consistent with the bill.
The bill passed the House of Representative on March 11, 2021 on a vote of 221-203,
with 8 Republicans joining all but 1 Democrat in Support. Senator Chuck Schumer moved
to put it on the Senate's calendar for possible consideration by the Senate.
2. H.R. 1446 the Enhanced Background Checks Act of 2021
The "Charleston loophole" in federal gun background check laws would be closed by H.R.
1446. The measure would prevent gun sales from proceeding if a background check isn't
completed within three days, as allowed under current law. It responds to a 2015 mass
shooting at a historic Black church in Charleston, S.C., in June 2015, where a self-
proclaimed White supremacist killed nine people with a gun legally sold without a
completed background check after the three-day period. Had the background check been
completed, it would have blocked his purchase.
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The bill would require a minimum of 20 business days to pass before a transfer can be
completed without a definitive background check result. The measure would take effect
210 days after its enactment.
The Background Check System
Current law requires gun dealers to obtain a license. They are also required to use the
National Instant Criminal Background Check System (NICS) to determine whether a
potential buyer is eligible to purchase a firearm. Federal prohibitions on owning a gun are
based on age, criminal history, mental health, and drug use, among other restrictions.
Federal agencies are required to provide any records they have demonstrating an
individual falls into a prohibited category. State participation is voluntary and the federal
government provides grants to encourage and improve reporting.
Each background check result provided by NICS is valid for 30 calendar days from the
date it was initiated. Dealers who don't comply with the background check requirement
can be fined and imprisoned for as long as one year.
`Charleston Loophole'
Current law allows licensed gun dealers to proceed with a firearm transfer three business
days after initiating a background check, even if the check hasn't been completed. That
would be replaced under the bill by a system allowing the gun recipient to petition the
Justice Department to complete the transfer if the NICS hasn't returned a result within 10
business days. The petition would have to certify that the recipient has no reason to
believe they are barred from possessing a gun. It would also have to include a request for
a response from the NICS within 10 business days. The dealer could complete the transfer
10 business days after the department receives the petition, even if the background check
hasn't been completed.
If the NICS informs a dealer that the transfer can proceed more than three business days
after the initial request, the dealer would have 25 days from that notification, or 30 days
from the initial contact—whichever is longer—to complete the transfer, or else a new
background check would be required. If the NICS doesn't provide a definitive response
within 10 days of the recipient's petition, the dealer could finalize the transfer during the
25 days following the end of that period without conducting a new NICS inquiry.
Similar to H.R. 8 this bill also passed the House on March 11, 2021 by a vote of 219-210.
2 Republicans joined all but 2 Democrats in support of the bill. Sen. Schumer moved to
place it on the Senate's calendar for possible consideration and may be part of the debate
on Capitol Hill soon.
3. H.R. 2377 the Federal Extreme Risk Protection Order Act of 2021
This bill authorizes and establishes procedures for federal courts to issue extreme risk
protection orders, often referred to as a Red Flag Law.
An extreme risk protection order is a federal court order that prohibits a person from
purchasing, possessing, or receiving a firearm or ammunition.
A family or household member, or a law enforcement officer, may petition for an extreme
risk protection order with respect to an individual who poses a risk to themselves or others.
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The bill also expands the categories of persons who are prohibited from purchasing,
shipping, transporting, possessing, or receiving a firearm or ammunition. Specifically, it
adds, as a new category, persons who are subject to an extreme risk protection order.
This bill was reported favorably out of the House Committee on the Judiciary on October
27, 2021 along a party line vote. Although the vote was partisan in Committee the idea of
Red Flag Laws have bipartisan interest. House Majority Leader Steny Hoyer said on May
25 that the House would vote on this bill when they return from the Memorial Day Recess
the week of June 6.
Update on Restaurant Revitalization Fund Legislation
Last month, the Senate failed to advance a $48 billion small-business aid bill by a vote of 52-43.
The procedural motion required 60 votes to advance. The bill would have helped restaurants and
select other industries that suffered revenue losses during the pandemic. Senate Majority Leader
Charles E. Schumer (D -NY) expressed that while many restaurants have reopened and are
seeing business return to normal, these businesses still face labor shortages and debt from the
pandemic.
The result deals a significant blow to the prospects of Congress passing additional support for
restaurants and related industries without identifying bipartisan funding offsets.
The bulk of the proposed package is $40 million to backfill the Restaurant Revitalization Fund
created in early 2021. The funding would go to the roughly two-thirds of applicants who did not
receive grant money under this initial program. The remaining $8 billion would be divided among
the following industries:
• $2 billion to gyms and fitness centers.
• $2 billion for live event servicers, such as companies that provide staging, lighting, sound
and casts for theaters.
• $2 billion for transportation service providers, such as buses and ferries.
• $1.4 billion for very small businesses located within 50 miles of land ports of entry that
were closed due to the pandemic, with at least one-third set aside for firms located near
the Mexican border and another one-third for businesses close to the Canadian border.
• $500 million for minor league sports teams.
• $85 million for small businesses in Alaska, Washington and Minnesota that are
geographically separated from the rest of the U.S. and weren't accessible due to
pandemic -related Canadian border closures.
The cost of the package is only partially paid for with $5 billion in unspent funds from the passed
Paycheck Protection Program, a forgivable loan program enacted in March 2020 to help small
businesses keep employees on payroll.
White House Releases Bipartisan Infrastructure Law Technical Assistance Guide
The White House released a technical assistance guide to the Bipartisan Infrastructure Law to
assist state and local governments navigate the law's resources. The guide provides a list of more
than 65 technical assistance resources and programs across the federal government to help
communities deliver infrastructure projects. The goal of the guide is to assist communities that
may lack the resources to apply for grants and programs access these new funding sources. The
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guide is organized by categories of infrastructure investments such as transportation, clean
energy and power, high-speed internet, water, resilience, and environmental remediation. While
some of the programs identified in the guide offer hands-on and intensive planning and delivery
support for communities, others are more self-directed resources and tools such as webinars and
websites, or funding that can support project planning.
Update on 2022 Water Resources Development Act (WRDA)
Last month, the House Transportation and Infrastructure Committee advanced their 2022 Water
Resources Development Act (WRDA) to authorize improvements to the nation's waterways and
investments in flood control and coastal resiliency projects. A section by section summary can be
found here. The biennial legislation is popular with both Democrats and Republicans as most
have Corps projects within their states and districts.
Earlier in May, the Senate Environment and Public Works Committee advanced its WRDA
legislation unanimously. It is likely the Senate will take up this legislation this summer, according
to a staffer familiar with the negotiations.
The House and Senate bills are similar but not identical. Both seek to provide more assistance
and resources to tribal communities and underserved community harbors to complete important
water projects.
• The House bill does not create an advisory committee to provide advice and
recommendations to the Corps on water resources projects, unlike the Senate bill.
• The House bill would direct the Army Corps of Engineers to conduct 72 new feasibility
studies to begin assessing projects' risk and opportunities. It would also direct 8 studies
to modify existing projects and authorize construction of 16 pending proposed projects.
• The Senate bill would direct 36 new feasibility studies by the Army Corps of Engineers
and authorize or modify 21 projects for construction.
The House will likely take up their bill this summer which will kick off a conference between the
House and the Senate. Final passage is likely to occur during the lame duck session between the
November election and the end of 2022.
Biden Administration Releases "Internet for All "Initiative
Last month, the Biden-Harris Administration Launched a $45 Billion "Internet for All" Initiative to
Bring Affordable, Reliable High -Speed Internet to Everyone in America
The Internet for All initiative will invest $45 billion to provide affordable, reliable, high-speed
internet for everyone in America by the end of the decade. The Initiative will be administered and
implemented by the U.S. Department of Commerce's National Telecommunications and
Information Administration (NTIA).
The Internet for All programs launched with three Notices of Funding Opportunity:
• Broadband Equity, Access, and Deployment (BEAD) Program ($42.5 billion);
• Enabling Middle Mile Broadband Infrastructure Program ($1 billion); and,
• State Digital Equity Act programs ($1.5 billion).
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To participate in the BEAD Program, states and other eligible entities must submit a letter of intent
and a planning funds budget, which will unlock $5 million in planning funds and allow states to
begin creating their five-year action plan. Each state will have direct support from dedicated NTIA
staff through every step of the process. Each participating state is guaranteed a minimum $100
million allocation, with additional funding determinations made based on the forthcoming
coverage maps from the Federal Communications Commission. The Enabling Middle Mile
Broadband Infrastructure Program will award grants on a technology neutral, competitive basis to
eligible entities for the construction, improvement, or acquisition of middle -mile infrastructure. The
launch of the State Digital Equity Planning Grant Program kicks off a series of Digital Equity Act
steps that will invest $1.5 billion to heighten adoption and use, like digital literacy training, for
those who need it most, including communities of color, rural communities, and older Americans.
The opportunities are the first half of programs that will allow for states and local communities to
increase access to broadband infrastructure. These first programs offer opportunities for states
to propose their plans for BEAD and middle mile programs. Direct opportunities for local
communities will be announced later this year. More information on all opportunities can be found
here.
USDA Seeks to Address Infant Formula Shortage
As part of the Biden Administration's coordinated drive to end the infant formula shortage, the
U.S. Department of Agriculture (USDA) is urging states to take advantage of flexibilities the
department is offering in the Special Supplemental Nutrition Program for Women, Infants, and
Children, commonly known as WIC, to help families get the safe formula they need. USDA's Food
and Nutrition Service (FNS) has reached out to states and announced a suite of flexibilities
available, such as allowing states to broadly offer alternate sizes, forms, and brands of formula
and allowing stores to accept exchanges of formula purchased with WIC benefits. USDA
continues to work with WIC agencies as they review and implement these flexibilities, in
coordination with their vendors and local offices. USDA also asked WIC agencies to encourage
families to exchange their recalled formula, issued reminders about options for returns and
exchanges of recalled products, and posted several resources on infant formula safety including
guidance for parents and caregivers
In the last week of May, President Biden signed H.R. 7791 into law, which aims to ease the
shortage for Special Supplemental Nutrition Program for Women, Infants and Children (WIC).
Each state normally exclusively contracts with one of the four major baby formula companies to
provide for WIC, but this legislation gives low-income parents the opportunity to use their
government benefits to purchase more types of formula during emergencies. Senators have also
urged Abbott Laboratories to extend WIC rebates across all infant formulas through the rest of
the year without unnecessary directives.
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June , 2022
The Honorable Tom Umberg
California State Senate, District 29
10210 Street, Room 6520
Sacramento, CA 95814
SUBJECT: SB 986 Notice of Support
Dear Senator Umberg:
The City of Tustin (City) is pleased to support SB 986, which would establish methods of tracing
for catalytic converters. Specifically, this bill would require core recyclers to provide payment for
a catalytic converter only in traceable methods, meaning no cash or checks. Additionally, the bill
would prohibit a dealer or retailer from selling a new motor vehicle equipped with a catalytic
converter unless the catalytic converter has been engraved or etched with the vehicle identification
number of the vehicle to which it is attached. The City is adopting a support position for this bill
in accordance with the City's 2022 Legislative Platform, Policy Statement 47 under Public Safety:
"Support measures that encourage community safety and well-being... "
The City has seen a drastic uptick in catalytic converter theft in recent years. Stealing catalytic
converters has become a common trend as it can take less than 10 minutes to remove one from the
underside of a parked car. Scrap metal yards are paying as much as $1,000 for the stolen converters
for their valuable materials such as platinum and palladium, while victims end up paying up to
$3,000 to replace the stolen converter. Moreover, manufacturers often exclude serial numbers
when making the car part, adding another layer of ease for the criminal activity.
Catalytic converter theft not only has large payoffs for thieves, but often goes undetected because
of a lack of tracing methods. When converters are stolen, victims must file police reports in order
to activate insurance reimbursement, which strains existing public safety personnel resources as
cases continue to increase drastically.
Recently, the City took action to address the recent rise in catalytic converter theft by passing an
ordinance that would disallow individuals from being in possession of a catalytic converter if the
converter is not attached to a vehicle. More information on this ordinance is attached to this letter.
SB 986 builds on this action by adding common sense tools to prevent catalytic converter theft by
adding specific traceable requirements and associating misdemeanor penalties for violators.
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The bill will help discourage, prevent and prosecute the growing crime of catalytic converter theft
in California, and therefore the City of Tustin is pleased to support this bill.
Sincerely,
Austin Lumbard
Mayor
Attachment
cc: Senator Dave Min
Assembly Member Steven S. Choi, Ph.D.
Tony Cardenas, League of California Cities
League of California Cities, cityletters(a cacities.org
Townsend Public Affairs
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P-1 AGENDA REPORT
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY
MAY 17, 2022
MATTHEW S. WEST, CITY MANAGER
STU GREENBERG, CHIEF OF POLICE
Agenda Item 18
Reviewed: DS
"y5W
City Manager
Finance Director
UNLAWFUL POSSESSION OF CATALYTIC CONVERTER CITY
ORDINANCE
Over the past several years, thefts of catalytic converters within the City of Tustin, as well
as within jurisdictions across Orange County and California as a whole, have increased
dramatically. In an effort to combat the theft, transportation, and recycling of illegally
obtained catalytic converters in the City of Tustin, the Police Department, in conjunction
with the City Attorney's office, is proposing a new ordinance which will make it unlawful
to possess a catalytic converter that is not attached to a vehicle unless the possessor has
valid documentation or other proof of lawful possession.
RECOMMENDATION
Introduce for first reading and by title only — AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ADDITION SECTION 6360 TO PART 6 OF
THE TUSTIN CITY CODE ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.
FISCAL IMPACT
Minimal prosecutorial hourly costs on a per case basis.
CORRELATION TO THE STRATEGIC PLAN
Goal B: Public Safety and Protection of Assets — Ensure Tustin is an attractive, safe and
well-maintained community in which people feel pride.
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Unlawful Possession of Catalytic Converter City Ordinance
May 17, 2022
Page 2 of 3
BACKGROUND
Over the past three years, the number of catalytic converter thefts within the City has
increased dramatically. The number of catalytic converter thefts in the City of Tustin rose
from 47 in 2019, to 106 in the year 2020, and to 186 in 2021, marking an increase of
approximately 400% over that period. In the first four months of 2022 alone, there have
been 115 reported catalytic converter thefts. Projected out for the remainder of the year,
the City can expect a total of 345 catalytic converter thefts by the end of 2022. This trend
is not unique to the City of Tustin as the entire County has experienced a similar increase
during the same time period.
In September of 2021, the Community Relations Unit launched the `Etch and Catch
Catalytic Converter Theft Prevention Program'. Tustin PD partnered with six (6) auto
mechanic businesses within the City of Tustin to offer free etching of the Vehicle
Identification Number (VIN) onto the catalytic converter of the vehicle. This is done to
deter the theft of the catalytic converter when the criminal sees this marking. If the
catalytic converter is stolen, the etched VIN assists law enforcement in locating the owner
and making an arrest. In the nine (9) months of this program being operational,
approximately 600 vehicles have been etched.
The rise in catalytic converter thefts can be attributed to several factors. First, a theft of a
catalytic converter can be accomplished within a matter of seconds using common
household tools such as a reciprocating saw or handheld circular saw. This, coupled with
the ease with which criminals can access a vehicle's catalytic converter, makes it nearly
impossible to catch criminals in the act of committing a catalytic converter theft. Next,
catalytic converters contain precious metals such as platinum, palladium, and rhodium,
which can be recycled for substantial sums. As a result, criminals sell the stolen catalytic
converters to scrap metal yards who, in turn, remove the precious metals and sell them
for a high profit.
Catalytic converter thefts are nearly impossible for law enforcement agencies to
investigate because the stolen catalytic converters do not have any identifying markings
(e.g. serial numbers, vehicle identification numbers, or license plate numbers) which can
be used to identify victims of theft. Without a victim of a theft, law enforcement officers
cannot arrest suspected criminals for mere possession of a catalytic converter that
appears to be stolen. Thus, despite the fact that there are very few instances when an
individual would lawfully be in possession of a catalytic converter that is not attached to
a vehicle, criminals cannot be charged with any offense given the lack of a specifically
identifiable victim.
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Unlawful Possession of Catalytic Converter City Ordinance
May 17, 2022
Page 3 of 3
There are currently no federal, state, or local laws or regulations which criminalize the
possession of a catalytic converter which is not attached to a vehicle. Further, there is no
federal, state, or local law which criminalizes the sale or recycling of unlawfully obtained
catalytic converters. The lack of regulation in this area incentivizes criminals to steal
catalytic converters and scrap yard and similar businesses to purchase the stolen items
in order to recycle the precious metals for a profit.
Finally, there are currently no federal, state, or local laws or regulations which require
individuals in possession of catalytic converters which are not attached to vehicles to
provide proof to law enforcement of lawful possession. This limits law enforcement's
ability to protect the public by deterring catalytic converter thefts, as well as limits law
enforcement's ability to seize catalytic converters which are suspected to be stolen unless
an identifiable victim can be located.
Given the lack of regulation in this area, the majority of catalytic converter thefts within
the City of Tustin go unsolved.
The citizens of Tustin and the Tustin Police Department are in need of legislation for
multiple reasons including, but not limited to: (1) the need for deterrence by establishing
zero -tolerance for catalytic converter thefts, (2) creating penalties for possessing stolen
catalytic converters, (3) preventing criminals from profiting from the sale and recycling of
stolen catalytic converters, (4) providing indirect justice to victims of catalytic converter
theft, and (5) minimizing the fiscal and personnel impact on the City of Tustin caused by
catalytic converter thefts and related investigations.
This ordinance will provide the Tustin Police Department with clearly established legal
authority to protect the public and deter criminal activity. It is expected that, over time, this
ordinance should reduce the total number of catalytic converter thefts within the City.
Docu Signed by:
S
CA 75C54279BD466...
G \(�
Chief of Police
Attachments
1. City Ordinance Draft
Docu Signed by:
B43C08D6C73E4A1...
City Operations Division Commander
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ORDINANCE NO. 1522
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING SECTION 6360 TO PART 6
OF CHAPTER 3 OF ARTICLE 6 OF THE TUSTIN CITY
CODE ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
IN THE CITY.
WHEREAS, the City of Tustin and its citizens have experienced a dramatic increase in
the theft of catalytic converters over the past several years; and
WHEREAS, the number of catalytic converter thefts in the City of Tustin rose from
approximately 47 in the year 2019, to 106 in the year 2020, and to 186 in the year 2021,
marking an increase of approximately 400% over that period; and
WHEREAS, in the first 4 months of 2022, the City has already experienced approximately
115 catalytic converter thefts; and
WHEREAS, the nature of catalytic converter thefts makes it difficult for law enforcement
to prosecute offenders due to the fact that it is extremely difficult to identify victims of the
thefts; and
WHEREAS, there are currently no federal, state, or local laws or regulations which
criminalize the unlawful possession within the City of catalytic converters which are not
attached to vehicles; and.
WHEREAS, there are currently no federal, state, or local laws or regulations which
prohibit the unlawful recycling or sale of unlawfully obtained catalytic converters within
the City, thus leading to the increase of such activity within the City; and
WHEREAS, there are currently no federal, state, or local laws or regulations which require
individuals in possession of catalytic converters which are not attached to vehicles to
provide proof to law enforcement of lawful possession, which limits law enforcement's
ability to protect the public by deterring catalytic converter thefts, as well as limits law
enforcement's ability to seize catalytic converters which are suspected to be stolen unless
an identifiable victim has been located; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized
to commit such thefts for many reasons including, but not limited to, (1) the ease such
thefts can be committed in a very short period of time with common tools, (2) the ability
to recycle catalytic converters as scrap metal for high dollar amounts ranging from $200
to $1,200 per catalytic converter, and (3) loopholes in legislation which protect criminals
from prosecution unless a specific victim can be identified; and
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WHEREAS, finding victims of these crimes is nearly impossible because it is extremely
difficult to catch criminals in the act of unlawfully removing a catalytic converter, coupled
with the fact that catalytic converters do not have any identifying marks which would allow
law enforcement to trace stolen catalytic converters to a specific vehicle or victim; and
WHEREAS, due to the lack of legislation in this area, most catalytic converter thefts go
unsolved, which is fundamentally unacceptable for the citizens of Tustin; and
WHEREAS, the citizens of Tustin and the Tustin Police Department are in need of
legislation for multiple reasons including, but not limited to: (1) the need for deterrence by
establishing zero -tolerance for catalytic converter thefts, (2) creating penalties for
possessing stolen catalytic converters, (3) preventing criminals from profiting from the
sale and recycling of stolen catalytic converters, (4) providing indirect justice to victims of
catalytic converter theft, and (5) minimizing the fiscal and personnel impact on the City of
Tustin caused by catalytic converter thefts and related investigations; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them
for substantial sums while the victims of such thefts are required to pay thousands of
dollars to repair their vehicles, are inconvenienced by the time such repairs take, and feel
less safe in their community; and
WHEREAS, this Ordinance is necessary to provide the City of Tustin Police Department
with clearly established legal authority to protect the public and deter this criminal activity.
Now, therefore, the City Council of the City of Tustin does hereby ordain as follows:
SECTION I. Part 6 is hereby added to Chapter 3 (Disorderly Conduct) of Article 6 (Public
Welfare) of the Tustin City Code to read as follows:
PART 6 — UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
6360 — Unlawful Possession of a Catalytic Converter
a) It shall be unlawful to possess any catalytic converter that is not attached to a
vehicle unless the possessor has valid documentation or other proof to establish
that they are in lawful possession of the catalytic converter.
b) For purposes of this section, "lawful possession" includes being the lawful owner
of the catalytic converter, or in possession of the catalytic converter with the
lawful owner's written consent. It is not required to prove that a catalytic
converter was stolen to establish that the possession is not a "lawful possession."
c) For purposes of this section, "documentation or other proof' means written
document(s) that clearly identify the vehicle from which the catalytic converter
originated and includes, but is not limited to the following document types: bill of
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sale from the original owner with photographs, documentation from an auto -body
shop proving the owner relinquished the catalytic converter to the auto -body
shop, verifiable written or electronic communication from the previous owner to
the possessor relinquishing ownership of the catalytic converter, photographs of
the vehicle from which the catalytic converter originated and which show the
vehicle's license plate or vehicle identification number (VIN), or vehicle
registration for the vehicle from which the catalytic converter originated, coupled
with a corresponding license plate or VIN number etched onto the catalytic
converter. The validity of "documentation or other proof' shall be based on the
totality of the circumstances.
d) Each and every violation of this section shall constitute a separate violation and
shall be subject to remedies and enforcement as set forth in the Tustin City
Code. Each and every catalytic converter which is unlawfully possessed
constitutes a separate violation of this section.
e) Violations of this section constitute misdemeanors and upon conviction are
punishable by a fine not to exceed $1,000, imprisonment in the county jail for a
period of up to six (6) months, or by both such fine and imprisonment.
Notwithstanding the foregoing, violations of this section may, at the discretion of
the City Attorney, be prosecuted as infractions.
f) The remedies provided herein are not to be construed as exclusive remedies.
The City is authorized to pursue any proceedings that are authorized by this
Code or any other law for violations of this section.
SECTION II. CEQA. This Ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to state CEQA guidelines because there is
no possibility that this Ordinance or its implementation would have a significant negative
effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)) City staff shall cause a
Notice of Exemption to be filed as authorized by CEQA and state CEQA guidelines.
SECTION III. Severability. If any section, sub -section, clause or phrase in this Ordinance
or the application thereof to any person or circumstances is for any reason held invalid,
the validity of the remainder of this Ordinance or the application of such provisions to
other persons or circumstances shall not be affected.
SECTION IV. Effective Date. This City Clerk shall certify passage of this Ordinance and
this Ordinance shall
I aw.
be published as required by law and shall take effect as provided by
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this day of
Ordinance No. 1522
Page 3
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AUSTIN LUMBARD,
Mayor
ERICA N. YASUDA,
City Clerk
Ordinance No. 1522 Page 4
DocuSign Envelope ID: OB517A8F-667D-4459-9540-764A53E687D0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1522
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Ordinance No. 1522 was duly
and regularly introduced and read by title only at the regular meeting of the City Council
held on the 17th day of May, 2022, and was given its second reading, passed and adopted
at a regular meeting of the City Council held on the—day of 2022, by the following
vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA,
City Clerk
Ordinance No. 1522
Page 5
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City of Tustin Priority State Legislation Matrix
2022 California State Legislative Session
Updated 6.2.22
Bill
Bill Summary
Bill Status
Position
City
Advocacy
AB 1445 (Levine)
Planning and
Would, commencing January 1, 2025, require that a council of governments, a
zoning: regional
delegate subregion, or the Department of Housing and Community Development,
5/4/22 Referred to
housing need
as applicable, additionally consider among these factors emergency evacuation
Com. on HOUSING.
Watch
route capacity, wildfire risk, sea level rise, and other impacts caused by climate
allocation: climate
change.
change impacts.
Current law requires the Department of Veterans Affairs to acquire, study, design,
develop, construct, and equip a state-owned and state -operated Southern California
Veterans Cemetery in the County of Orange at one of 2 possible sites, as specified.
Existing law requires the department to, after completing acquisition studies on both
AB 1595 (Quirk
sites, consult with the Department of General Services to determine which site to
5/24/22 In Senate.
Letter of
Silva) — Veterans
pursue based on the economic feasibility, benefits to veterans and City of Irvine
Read first time. To
Support
Support sent
Cemetery, County
residents, and availability of each location. Current law makes honorably discharged
Com. on RLS. for
on March 28
of Orange
veterans, their spouses, and dependent children eligible for interment in the
assignment.
cemetery, as specified. This bill would delete those site selection requirements and
would instead require the department to acquire, study, design, develop, construct,
and equip a state-owned and state -operated Southern California Veterans
Cemetery in the County of Orange.
This bill would add to the definition of "exempt surplus land," surplus land that is
AB 1748 (Seyarto)
zoned for a density of up to 30 residential units and is owned by a city or county that
Exempt surplus
demonstrates adequate progress in meeting its share of regional housing need in its
Failed passage in
Letter sent on
land: regional
annual report, as specified, has constructed an adequate number of housing units to
APPR
Support in Concept
May 18
housing need
meet its share of regional housing need in the immediately preceding or current
housing element cycle, as specified, or is designated as prohousing by the
department.
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Current law defines "injury" for an employee to include illness or death resulting
from the 2019 novel coronavirus disease (COVID-19) under specified
circumstances, until January 1, 2023. Existing law create a disputable presumption,
as specified, that the injury arose out of and in the course of the employment and is
AB 1751 (Daly)
compensable, for specified dates of injury. Current law requires an employee to
Workers'
exhaust their paid sick leave benefits and meet specified certification requirements
5/27/22 In Senate.
compensation:
before receiving any temporary disability benefits or, for police officers, firefighters,
Read first time. To
Watch
COVID-and
19: critical
other specified employees, a leave of absence. Existing law also make a claim
Com. on RLS. for
relating to a COVID-19 illness presumptively compensable, as described above,
assignment.
worker s.
worker
after 30 days or 45 days, rather than 90 days. Current law, until January 1, 2023,
allows for a presumption of injury for all employees whose fellow employees at their
place of employment experience specified levels of positive testing, and whose
employer has 5 or more employees. This bill would extend the above-described
provisions relating to COVID-19 until January 1, 2025.
The Bagley -Keene Open Meeting Act, requires state bodies to allow all persons to
Current Status:
AB 1795 (Fong)
attend meetings and provide an opportunity for the public to address the state body
4/29/22 Failed
Open meetings:
regarding any item included in its agenda, except as specified. This bill would
Deadline pursuant to
Watch
remote
require state bodies, subject to existing exceptions, to provide all persons the ability
Rule 61(b)(5). (Last
participation.
to participate both in-person and remotely, as defined, in any meeting and to
location was G.O. on
address the body remotely.
2/18/2022)
Would prohibit a city, county, city and county, joint powers authority, or any other
political subdivision of a state or local government from acquiring unrestricted
AB 1850 (Ward)
multifamily housing, as defined, unless each unit in the development meets
Public housing:specified
criteria, including that the aggregate initial rent for all units postconversion
5/19/22 In committee:
unrestricted
is at least 10% less than the average aggregate monthly rent charged for all units
Hearing postponed by
Watch
multifamily
over the 12 -month period prior to conversion and at least 20% less than the small
committee.
area fair market rent for at least half of the units. The bill would specify that those
housing.
provisions do not apply to a development that is or will be subject to a regulatory
agreement with the California Tax Credit Allocation Committee or the Department of
Housing and Community Development.
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The California Integrated Waste Management Act of 1989, except as provided,
defines "solid waste disposal," "disposal," or "dispose" to mean the final deposition
of solid wastes onto land, into the atmosphere, or into the waters of the state. The
act, with regard to integrated waste management plans, defines those terms to
mean the management of solid waste through landfill disposal, transformation, or
5/26/22 In Senate.
AB 1857 (C.
EMSW conversion, at a permitted solid waste facility, and for the purposes of
Read first time. To
Garcia) Solid
certain other provisions of the act, defines those terms to mean the final deposition
Com. on RLS. for
Watch
waste.
of solid wastes onto land. This bill would delete those exceptions to the act's
assignment.
general definition of those terms and instead define those terms for purposes of the
entire act to mean the final deposition of solid wastes onto land, into the
atmosphere, or into the waters of the state, including, but not limited to, through
landfill disposal, transformation, or EMSW conversion, at a permitted solid waste
facility.
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Would require each local government, as defined, to complete an inventory of
public restrooms owned and maintained by the local government, either directly or
by contract, that are available to the general population in its jurisdiction. The bill
AB 1883 (Quirk
would require local governments to report their findings to the State Department of
5/27/22 In Senate.
Silva) Public
Public Health, which would be required to compile the information and to make the
Read first time. To
Watch
inventory available in a searchable database on its internet website, as specified.
Com. on RLS. for
restrooms.
The bill would require the database to be updated quarterly. The bill would require
assignment.
the department to conduct educational outreach to the general public and
homelessness service providers that the database is available on its internet
website.
Current law prohibits the operation of a motorized bicycle or a class 3 electric
bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or
AB 1909
recreational trail, as specified. Current law authorizes a local authority to additionally
(Friedman)
prohibit the operation of class 1 and class 2 electric bicycles on these facilities. This
5/11/22 Referred to
Watch
Vehicles: bicycle
bill would remove the prohibition of class 3 electric bicycles on these facilities and
Com. on TRANS.
omnibus bill.
would instead authorize a local authority to prohibit the operation of any electric
bicycle or any class of electric bicycle on an equestrian trail, or hiking or recreational
trail.
AB 1910 (C.
Garcia) Publicly
Requires HCD to administer a program to provide incentives in the form of grants to
5/20/22 Failed
owned golf
local agencies that enter into a development agreement to convert a golf course
Deadline pursuant to
courses:
owned by the local agency into housing and publicly accessible open space.
. Rule 61(b)(8)(Last
Watch
conversion:
Requires HCD to award funding in accordance with the number of affordable units a
location was A. APPR.
SUSPENSE FILE
affordable
local agency proposes to construct.
on
housing.
5/11/2022)
Reintroduced
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The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a
legislative body of a local agency, as those terms are defined, be open and public
and that all persons be permitted to attend and participate. The act contains
specified provisions regarding the timelines for posting an agenda and providing for
the ability of the public to observe and provide comment. The act allows for
AB 1944 (Lee)
meetings to occur via teleconferencing subject to certain requirements, particularly
5/27/22 In Senate.
Local government:
that the legislative body notice each teleconference location of each member that
Read first time. To
open and public
will be participating in the public meeting, that each teleconference location be
Com. on RLS. for
Watch
meetings.
accessible to the public, that members of the public be allowed to address the
assignment.
legislative body at each teleconference location, that the legislative body post an
agenda at each teleconference location, and that at least a quorum of the legislative
body participate from locations within the boundaries of the local agency's
jurisdiction. The act provides an exemption to the jurisdictional requirement for
health authorities, as defined. This bill would require the agenda to identify any
member of the legislative body that will participate in the meeting remotely.
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AB 1945 (Aguiar-
Curry) Affordable
Disaster Housing
Revolving
Development and
Acquisition
Program.
Authorizes HCD to establish and administer the Affordable Disaster Housing
Revolving Development and Acquisition Program to fund the predevelopment
expenses, acquisition, construction, reconstruction, and rehabilitation of property to
develop or preserve affordable housing in the state's declared disaster areas that
have experienced damage and loss of homes occupied by or affecting lower
income households. Requires HCD to establish an application process for
community development financial institutions to apply for emergency short-term or
temporary loans under the program.
5/20/22 Failed
Deadline pursuant to
Rule 61(b)(8). (Last
location was A. APPR.
SUSPENSE FILE on
4/6/2022)
Watch
AB 2011 (Wicks)
Allows residential housing to be built by right in infill areas currently zoned for office,
Affordable
retail, and parking uses. Requires developers to meet a range of possible wage and
Referred to Corns. on
Oppose Unless
Letter sent on
Housing and High
training standards, including prevailing wage on all projects, health benefits for
HOUSING, GOV. & F.
Amended
May 18
Road Jobs Act of
developments of 50+ units, and utilize contractors that have completed state-
and E.Q.
2022
approved apprenticeship programs.
Would enact the Social Housing Act and would create the California Housing
Authority, as an independent state body, the mission of which would be to produce
and acquire social housing developments for the purpose of eliminating the gap
between housing production and regional housing needs assessment targets, as
specified. The bill would prescribe a definition of social housing that would describe,
in addition to housing owned by the authority, housing owned by other entities, as
specified, provided that all social housing developed by the authority would be
AB 2053 (Lee) The
owned by the authority. The bill would prescribe the composition of the California
5/26/22 In Senate.
Social Housing
Housing Authority Board, which would govern the authority, and would be
Read first time. To
Watch
Act.
composed of appointed members and members who are elected by residents of
Com. on RLS. for
social housing developments, as specified. The bill would prescribe the powers and
assignment.
duties of the authority and the board. The bill would provide that the authority is
bound to revenue neutrality, as defined, and would require the authority to recover
the cost of development and operations over the life of its properties through the
mechanism of rent cross -subsidization, as defined. The bill would require the
authority to prioritize the development of specified property, including vacant parcels
and parcels near transit, and would prescribe a process for the annual
determination of required social housing units.
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Would, upon appropriation of funds for this purpose in the annual Budget Act and
until January 1, 2029, require the Board of State and Community Corrections to
establish a grant program to provide $50,000,000 in grants to local law enforcement
agencies to incentivize peace officers to work in local law enforcement agencies
5/20/22 Failed
AB 2062 (Salas)
that are in underserved communities and to live in the communities that they are
Deadline pursuant to
Local law
serving. Would require grant funds to be used to provide a 5 -year supplement to
Rule
enforcement hiring
peace officer salaries in local law enforcement agencies that are in underserved
on61
was A.APPR.
location was
Watch
grants.
communities that have had a homicide rate higher than the state average for the
SUSPENSE FILE on
FI
past 5 years or more and where the peace officer lives within 5 miles of the office in
4/27/2022)
which they work. Would require local law enforcement agencies that receive grants
to report specified information to the board annually and would require the board to
report to the Legislature and the Governor's office on the efficacy of the program, as
prescribed, on or before July 1, 2028.
Current law prohibits affordable housing impact fees, including inclusionary zoning
fees and in -lieu fees, from being imposed on a housing development's affordable
units. This bill would prohibit affordable housing impact fees, including inclusionary
zoning fees and in -lieu fees, from being imposed on a housing development's
5/20/22 Failed
AB 2063 (Berman)
density bonus units, unless the city, county, or city and county has adopted a local
Deadline pursuant to
Density bonuses:
density bonus ordinance or established a local housing program on or before
Rule 61(b)(8). (Last
Watch
affordable housing
January 1, 2022, that allows for a density bonus of at least 50% for any for -sale or
location was A. APPR.
impact fees.
rental housing development containing restricted affordable units that dedicates a
on 4/20/2022)
specified percentage of units for extremely low, very low, low-, or moderate -income
households. By imposing new restrictions on the ability of a local government to
impose affordable housing impact fees, the bill would impose a state -mandated
local program.
AB 2070 (Bauer -
Kahan) Fire
protection
Would authorize a fire protection district, as defined, to require an electrical
districts: electrical
corporation or local publicly owned electric utility to notify the district at least 24
5/27/22 In Senate.
corporations and
hours before performing scheduled, nonemergency hot work, deploying a safety
Read first time. To
Watch
local publicly
and infrastructure protection team, or performing a prescribed or controlled burn
Com. on RLS. for
owned electric
within the district's jurisdiction, except as provided. The bill would subject an
assignment.
utilities: wildfire
electrical corporation that fails to provide that notice to a civil penalty of $500.
mitigation: notice
re uirements.
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Would prohibit a public agency from imposing a minimum automobile parking
requirement, or enforcing a minimum automobile parking requirement, on
residential, commercial, or other development if the development is located on a
AB 2097
parcel that is within one-half mile of public transit, as defined. When a project
(Friedman)
provides parking voluntarily, the bill would authorize a public agency to impose
5/27/22 In Senate.
Residential and
specified requirements on the voluntary parking. The bill would prohibit these
Read first time. To
Oppose Unless
Letter of
commercial
provisions from reducing, eliminating, or precluding the enforcement of any
Com. on RLS. for
Amended
Opposition
development:
requirement imposed on a new multifamily or nonresidential development to provide
assignment.
sent on April 6
parking
electric vehicle supply equipment installed parking spaces or parking spaces that
requirements.
are accessible to persons with disabilities. The bill would exempt certain commercial
parking requirements from these provisions if the requirements of the bill conflict
with an existing contractual agreement of the public agency that was executed
before January 1, 2023.
Upon declaration of a shelter crisis, current law, among other things, suspends
certain state and local laws, regulations, and ordinances, including those prescribing
standards of housing, health, or safety to the extent that strict compliance would in
any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
Current law, among other things, exempts from the California Environmental Quality
Act specified actions by a state agency or a city, county, or city and county relating
to land owned by a local government to be used for, or to provide financial
assistance to, a homeless shelter constructed pursuant to these provisions, and
5/20/22 Failed
AB 2211 (Ting)
provides that homeless shelters constructed or allowed pursuant to these shelter
Deadline pursuant to
Shelter crisis:
crisis declarations are not subject to specified laws, including the Special
Rule 61(b)(8). (Last
Watch
homeless shelters.
Occupancy Parks Act. Current law defines a "homeless shelter„ as a facility with
location was A. APPR.
overnight sleeping accommodations, the primary purpose of which is to provide
SUSPENSE FILE on
temporary shelter for people experiencing homelessness that is not in existence
5/18/2022)
after the declared shelter crisis. Current law provides that a temporary homeless
shelter community may include supportive and self-sufficiency development
services and that a homeless shelter includes a parking lot owned or leased by a
city, county, or city and county specifically identified as one allowed for safe parking
by homeless and unstably housed individuals. Current law repeals these provisions
as of January 1, 2026. This bill would extend the repeal date of these provisions to
January 1, 2030.
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The Housing Accountability Act, among other things, prohibits a local agency from
disapproving, or conditioning approval in a manner that renders infeasible, specified
housing development projects, including projects for very low, low, or moderate -
income households and projects for emergency shelters, that comply with
applicable, objective general plan, zoning, and subdivision standards and criteria in
effect at the time the application for the project is deemed complete, unless the local
agency makes specified written findings supported by a preponderance of the
AB 2234 (R. Rivas)
evidence in the record. The act authorizes a project applicant, a person who would
Planning and
be eligible to apply for residency in the housing development or emergency shelter,
5/26/22 In Senate.
zoning: housing:
or a housing organization to bring a lawsuit to enforce its provisions. This bill would
Read first time. To
Watch
post -entitlement
require a local agency to compile a list of information needed to approve or deny a
Com. on RLS. for
phase permits.
postentitlement phase permit, as defined, to post an example of an ideal application
assignment.
and an example of an ideal complete set of postentitlement phase permits for the
most common housing development projects in the jurisdiction, and to make
those items available to all applicants for these permits no later than January 1,
2024. The bill would define "local agency" for these purposes to mean a city, county,
or city and county. No later than January 1, 2024, except as specified, the bill would
require a local agency to require permits to be applied for, completed, and stored
through a process on its internet website, and to accept applications and related
documentation by electronic mail until that internet website is established.
Current law prescribes requirements for the disposal of surplus land by a local
agency. Current law defines "surplus land" for these purposes to mean land owned
in fee simple by any local agency for which the local agency's governing body takes
formal action declaring that the land is surplus and is not necessary for the agency's
AB 2319 (Bonta)
use. Current law provides that an agency is not required to follow the requirements
5/26/22 In Senate.
Surplus land:
for disposal of surplus land for "exempt surplus land" except as provided. Current
Read first time. To
Watch
former military
law categorizes as "exempt surplus land" surplus land that a local agency is
Com. on RLS. for
base land.
transferring to another local, state, or federal agency for the agency's use. This bill
assignment.
would add to the definition of "exempt surplus land," land that is a former military
base conveyed by the federal government to a local agency, is subject to certain
provisions governing the Alameda Naval Air Station and the Fleet Industrial Supply
Center, and meets other specified conditions.
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Current law prescribes requirements for the disposal of surplus land by a local
agency, as defined, and requires, except as provided, a local agency disposing of
surplus land to comply with certain notice requirements before disposing of the land
or participating in negotiations to dispose of the land with a prospective transferee,
particularly that the local agency send a notice of availability to specified entities that
5/26/22 In Senate.
Letter of
AB 2357 (Ting)
have notified the Department of Housing and Community Development of their
Read first time. To
Oppose Unless
Opposition
Surplus land
interest in surplus land, as specified. Under current law, if the local agency receives
Com. on RLS. for
Amended
sent on April
a notice of interest, the local agency is required to engage in good faith negotiations
assignment.
13
with the entity desiring to purchase or lease the surplus land. This bill would also
require the department to maintain on its internet website a listing of all entities,
including housing sponsors, that have notified the department of their interest in
surplus land for the purpose of developing low- and moderate -income housing.
Current law requires every motor vehicle subject to registration to be equipped with
an adequate muffler in constant operation and properly maintained to prevent any
excessive or unusual noise and prohibits a muffler or exhaust system from being
equipped with a cutout, bypass, or similar device. Current law further prohibits the
modification of an exhaust system of a motor vehicle in a manner that will amplify or
increase the noise emitted by the motor of the vehicle so that the vehicle exceeds
existing noise limits when tested in accordance with specified standards. Current
law authorizes a court to dismiss any action in which a person is prosecuted for
AB 2496 (Petrie
operating a vehicle in violation of the requirements mentioned above if a certificate
5/27/22 In Senate.
Letter of
Norris) Vehicles:
of compliance has been issued or if the defendant had reasonable grounds to
Read first time. To
Support
support sent
exhaust systems.
believe that the exhaust system was in good working order and had reasonable
Com. on RLS. for
May 18
grounds to believe that the vehicle was not operated in violation of the requirements
assignment.
mentioned above. Current law also prohibits a person from modifying the exhaust
system of a vehicle with a whistle-tip, operating a vehicle that has been so modified,
or engaging in the business of installing a whistle-tip onto the vehicle's exhaust
system. This bill would require a court to require a certificate of compliance for a
violation of the requirements mentioned above. The bill would require the court to
notify the Department of Motor Vehicles to place a hold on the vehicle registration
until the certificate of compliance is received by the court if the certificate is not
provided to the court within 3 months of the violation date.
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Would make records and information obtained from records maintained by an
Status: 4/29/2022 -
AB 2557 (Bonta)
agency or body established by a city, county, city and county, local government
Failed Deadline
Peace officers:
entity, state agency, or state department for the purpose of civilian oversight of
pursuant to Rule
Watch
records.
peace officers subject to disclosure pursuant to the California Public Records Act.
61(b)(5). (Last location
The bill would require those records to be redacted only as specified. By increasing
was JUD. on
duties on local entities, this bill would create a state -mandated local program.
4/19/2022)
The Subdivision Map Act excludes various projects from its provisions, including the
leasing of, or the granting of an easement to, a parcel of land, or any portion of the
land, in conjunction with the financing, erection, and sale or lease of a solar
AB 2625 (Ting)
electrical generation device on the land, if the project is subject to review under
5/26/22 In Senate.
Subdivision Map
other local agency ordinances regulating design and improvement or if the project is
Read first time. To
Act: exemption:
subject to discretionary action by the advisory agency or legislative body. This bill
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Watch
electrical energy
would also exempt from the requirements of the Subdivision Map Act the leasing of,
assignment.
storage system.
or the granting of an easement to, a parcel of land, or any portion of the land, in
conjunction with the financing, erection, and sale or lease of an electrical energy
storage system on the land, if the project is subject to discretionary action by the
advisory agency or legislative body.
AB 2630
(O'Donnell)
Housing:
Would require each city, county, and city and county that has used funds from any
5/27/22 In Senate.
California
state funding source to assist in addressing homelessness to complete a report and
Read first time. To
Interagency
publish the report on its internet website providing specified information, or,
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Watch
Council on
alternatively, publishing a local homelessness action plan on its internet website,
assignment.
thereby imposing a state -mandated local program.
Homelessness:
report.
AB 2631
The Government Claims Act establishes the liability and immunity of a public entity
5/6/22 Failed
Deadline pursuant to
(O'Donnell)
for its acts or omissions that cause harm to persons. This bill would provide that a
Rule 61(b)(6). (Last
Watch
Government
public entity is liable for injury relating to the effects of that public entity's
location was A. L.
Claims Act.
homelessness policies on another public entity.
GOV. on 3/10/2022)
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Current law makes agendas of public meetings and other writings distributed to the
members of the governing board disclosable public records, with certain exceptions.
Current law requires a local agency to make those writings distributed to the
members of the governing board less than 72 hours before a meeting available for
public inspection, as specified, at a public office or location that the agency
designates. Current law also requires the local agency to list the address of the
office or location on the agenda for all meetings of the legislative body of the
AB 2647 (Levine)
agency. Current law authorizes a local agency to post the writings on the local
5/25/22 Referred to
Local government:
agency's internet website in a position and manner that makes it clear that the
Com. on GOV. & F.
Watch
open meetings.
writing relates to an agenda item for an upcoming meeting. This bill would instead
require a local agency to make those writings distributed to the members of the
governing board available for public inspection at a public office or location that the
agency designates and list the address of the office or location on the agenda for all
meetings of the legislative body of the agency unless the local agency meets certain
requirements, including the local agency immediately posts the writings on the local
agency's internet website in a position and manner that makes it clear that the
writing relates to an agenda item for an upcoming meeting.
Current law requires the Division of Boating and Waterways, in cooperation with the
State Department of Education and other appropriate entities involved with water
safety, to develop an aquatic safety program to be made available for use at an
AB 2650
appropriate grade level in public elementary schools at no expense to the schools.
(Arambula) The
Current law requires the division to notify schools and school districts of the
4/29/22 Failed
Neng Thao
availability of the aquatic safety program once it is developed. This bill would
Deadline pursuant to
Drowning
authorize specified organizations to provide informational materials, in electronic or
Rule 61(b)(5). (Last
Watch
Prevention Safety
hard copy form, to a public elementary school regarding specified topics relating to
location was ED. on
drowning prevention. The bill would require, beginning with the 2022-23 school
4/7/2022)
Act.
year, upon receipt of the informational materials, a public elementary school to
provide the informational materials to parents, legal guardians, or caregivers of
pupils in kindergarten to grade 3, inclusive, at the time the pupil enrolls at the school
and at the beginning of each school year.
Page 12 of 17
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Page 13 of 17
The Planning and Zoning Law, until January 1, 2026, authorizes a development
proponent to submit an application for a multifamily housing development that is
subject to a streamlined, ministerial approval process, as provided, and not subject
AB 2668 (Grayson)
to a conditional use permit, if the development satisfies specified objective planning
Planning and
standards. Current law authorizes a development proponent to request a
zoning: housing:
modification to a development that has been approved under the streamlined,
5/25/22 Referred to
streamlined,
ministerial approval process if the request is submitted before the issuance of the
Corns. on HOUSING
Watch
final building permit required for construction of the development. This bill would
and GOV. & F.
ministerial
prohibit a local government from determining that a development, including an
approval.
application for a modification, is in conflict with the objective planning standards on
the basis that application materials are not included, if the application contains
substantial evidence that would allow a reasonable person to conclude that the
development is consistent with the objective planning standards.
The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial
SB 897
approval, to provide for the creation of accessory dwelling units in areas zoned for
(Wieckowski)
residential use, as specified. Current law authorizes a local agency to impose
Accessory
standards on accessory dwelling units that include, but are not limited to, parking,
5/26/22 In Assembly.
dwelling units:
height, setback, landscape, architectural review, and maximum size of a unit. This
Read first time. Held
Watch
bill would require that the standards imposed on accessory dwelling units be
at Desk.
junior accessory
objective. For purposes of this requirement, the bill would define "objective
dwelling units.
standard" as a standard that involves no personal or subjective judgment by a
public official and is uniformly verifiable, as specified.
The California Environmental Quality Act (CEQA) until January 1, 2030, exempts
from its requirements bicycle transportation plans for an urbanized area for
SB 922 (Wiener):
restriping of streets and highways, bicycle parking and storage, signal timing to
California
improve street and highway intersection operations, and related signage for
Environmental
bicycles, pedestrians, and vehicles under certain conditions. This bill would delete
Referred to
Letter of
Quality Act:
the requirement that the bicycle transportation plan is for an urbanized area. The bill
Com. on NAT. RES
Com.
Support
Support sent
Exemption:
would extend the exemption to an active transportation plan or pedestrian plan. The
. .
on April 6
Transportation-
bill would define "active transportation plan" and "pedestrian plan." The bill would
Related Projects
specify that individual projects that are a part of an active transportation plan or
pedestrian plan remain subject to the requirements of CEQA unless those projects
are exempt by another provision of law.
Page 13 of 17
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Page 14 of 17
Current law prohibits a local agency from disapproving a housing development
project for very low, low-, or moderate -income households or from conditioning
5/9/22 Read third time.
approval in a manner that renders the housing development project infeasible for
Passed. (Ayes 30.
SB 930 (Wiener)
very low, low-, or moderate -income households, unless it makes specified written
Noes 0.) Ordered to
Housing
findings that either (1) the jurisdiction has met its share of the regional housing need
the Assembly. In
Watch
Accountability Act.
or (2) the project would have a specific, adverse impact upon the public health or
Assembly. Read first
safety, and there is no feasible method to satisfactorily mitigate or avoid the specific
time. Held at Desk.
adverse impact. This bill would clarify that the above-described prohibitions also
apply to a housing development project for extremely low income households.
Current law establishes various programs and funding sources administered by the
Department of Housing and Community Development to enable the development of
affordable housing, including the Building Homes and Jobs Act, the Multifamily
Housing Program, the Housing for a Healthy California Program, and the Veterans
Housing and Homeless Prevention Act of 2014. Under current law governing the
State Community Development Block Grant Program, the department is required to
SB 948 (Becker)
distribute funds made available under the program in order to provide decent
Housing finance
housing, a suitable living environment, and expand economic opportunities,
consistent with federal requirements. Current federal law also establishes the
5/27/22 Referred to
Watch
programs:
HOME Investment Partnership Program to, among other things, expand the supply
Com. on H. & C.D.
development
of affordable housing. Existing law designates the department as the state agency
reserves.
responsible for administering the HOME Investment Partnership Act. This bill would
prohibit the department from requiring a project -specific transition reserve, as
defined, for any unit subject to a qualified project rental or operating subsidy. This
bill would create the Pooled Transition Reserve Fund and would continuously
appropriate moneys in that fund to the department for the purpose of maintaining a
pooled transition reserve to mitigate the impacts on tenant rents from the loss or
exhaustion of rental or operating subsidies.
Page 14 of 17
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Current law confers the powers of the State Lands Commission as to leasing or
granting of rights or privileges to lands owned by the state upon a local trustee of
granted public trust lands to which those lands have been granted. Current law
authorizes the commission to let leases for the extraction of oil and gas from coastal
tidelands or submerged lands in state waters and beds of navigable rivers and lakes
SB 953 (Min) Oil within the state in accordance with specified laws. Current law prohibits the
and gas leases: commission or a local trustee, as defined, of granted public trust lands from entering
state waters: State into any new lease or other conveyance authorizing new construction of oil- and gas
Lands related infrastructure upon tidelands and submerged lands within state waters
associated with Pacific Outer Continental Shelf leases issued after January 1, 2018.
Commission. This bill would require the commission to conduct an amortization study of the oil
and gas leases in state waters for which it is the lessor in order to determine the
market value of these leases andhool year.person from modifying the exhaust
system of a vehicle with a whistle-tip, operating a vehicle that has been so modified,
or engaging in the business of installing a whistle-tip onto the vehicle's exhaust
system.
The Alcoholic Beverage Control Act, contains various provisions regulating the
SB 980 (Wiener) application for, the issuance of, the suspension of, and the conditions imposed upon
Alcoholic alcoholic beverage licenses by the Department of Alcoholic Beverage Control. This
beverage licenses. bill would prohibit the department from denying the issuance of a retail license
solely on the basis that the premises are located within 100 feet of a residence.
Would prohibit a city, county, or city and county from imposing any minimum
automobile parking requirement on a housing development project, as defined, that
is located within 1/2 mile of public transit, as defined. The bill, notwithstanding the
SB 1067 above-described prohibition, would authorize a city, county, or city and county tc
(Portantino) impose or enforce minimum automobile parking requirements on a housing
Housing development project if the local government demonstrates to the developer, within
development 30 days of the receipt of a completed application, that the development would have
projects: a negative impact, supported by a preponderance of the evidence, on the city's,
automobile county's, or city and county's ability to meet its share of specified housing needs or
parking existing residential or commercial parking within 1/2 mile of the housing
requirements. development. The bill would create an exception from the above-described
provision if the development either dedicates a minimum of 20% of the total number
of housing units to very low, low-, or moderate -income househohool year.person
from modifying the exhaust system of a vehicle with a whistle-tip, operating a v
Page 15 of 17
5/20/22 Failed
Deadline pursuant to
Rule 61(b)(8). (Last
location was S. APPR.
Watch
SUSPENSE FILE on
5/9/2022)
5/20/22 Failed
Deadline pursuant to
Rule 61(b)(8). (Last
location was S. APPR.
Watch
SUSPENSE FILE on
5/9/2022)
5/25/22 In Assembly.
Read first time. Held
Watch
at Desk.
DocuSign Envelope ID: OB517A8F-667D-4459-9540-764A53E687D0
SB 1079
(Portantino)
Vehicles: sound-
activated
enforcement
devices.
Current law requires every motor vehicle subject to registration to be equipped with
an adequate muffler in constant operation and properly maintained to prevent any
excessive or unusual noise and prohibits a muffler or exhaust system from being
equipped with a cutout, bypass, or similar device. Current law further prohibits the
modification of an exhaust system of a motor vehicle in a manner that will amplify or
increase the noise emitted by the motor of the vehicle so that the vehicle exceeds
existing noise limits when tested in accordance with specified standards. This bill
would authorize 6 unspecified cities to conduct a pilot program, as specified, using
sound -activated enforcement devices, as defined, to capture vehicle noise levels
that exceed the legal limits described above.
5/27/22 In Assembly.
Read first time. Held
at Desk.
Watch
The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a
legislative body of a local agency, as those terms are defined, be open and public
and that all persons be permitted to attend and participate. Current law requires
every agenda for regular meetings of a local agency to provide an opportunity for
members of the public to directly address the legislative body on any item of interest
to the public, before or during the legislative body's consideration of the item, that is
within the subject matter jurisdiction of the legislative body. Current law authorizes
5/26/22 June 8 set for
SB 1100 (Cortese)
the legislative body to adopt reasonable regulations to ensure that the intent of the
first hearing canceled
Open meetings:
provisions relating to this public comment requirement is carried out, including, but
at the request of
Watch
orderly conduct.
not limited to, regulations limiting the total amount of time allocated for public
author.
testimony on particular issues and for each individual speaker. Current law
authorizes the members of the legislative body conducting the meeting to order the
meeting room cleared and continue in session, as prescribed, if a group or groups
have willfully interrupted the orderly conduct of a meeting and order cannot be
restored by the removal of individuals who are willfully interrupting the meeting. This
bill would authorize the presiding member of the legislative body conducting a
meeting to remove an individual for disrupting the meeting.
Current law requires a housing element to include, among other things, an inventory
SB 1292 (Stern)
of land suitable and available for residential development. Current law imposes
Land use:
various requirements on a city, county, or city and county upon receiving an
5/6/22 Failed Deadline
development
application for a housing development project meeting certain standards. This bill
pursuant to Rule
restriction: fire
would authorize a city, county, or city and county to restrict the development of
61(b)(6). (Last location
Watch
residential housing in moderate, high, and very high fire hazard severity zones, as
was S. HOUSING on
hazard severity
defined, if the city, county, or city and county adopts a plan, asspecified, ensuring
3/2/2022)
zones.
the production of at least double the number of residential units not developed as a
result of the restriction.
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Page 17 of 17
Current law requires all sheriffs to execute all lawful orders of a department in their
counties. Current law authorizes each sheriff to enforce all orders of the State
Department of Public Health or of the local health officer issued for the purpose of
Status: 4/29/2022 -
SB 1464 (Pan) Law
preventing the spread of any contagious, infectious, or communicable disease.
Failed Deadline
enforcement:
Current law authorizes each peace officer of every political subdivision of the county
pursuant to Rule
public health
to enforce within the area subject to their jurisdiction all orders of the State
61(b (Last location
Watch
orders.
Department of Public Health or of the local health officer issued for the purpose of
HE
was HEALTH on
preventing the spread of any contagious, infectious, or communicable disease. This
3/9/2022)
bill would instead require those sheriffs and peace officers to enforce those orders.
By expanding the duties of local law enforcement, this bill would create a state -
mandated local program.
Page 17 of 17
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CITY OF TUSTIN
2022 LEGISLATIVE PLATFORM
The Mayor and City Manager are authorized to submit advocacy letters on behalf of the City if
the proposed state or federal legislation clearly follows the City's adopted legislative platform.
PURPOSE
The City of Tustin's 2022 Legislative Platform confirms the City Council's position on current
issues with the potential to directly or indirectly impact the City, thereby establishing guidelines to
actively pursue pending legislation through monitoring and communications activities. Below are
the Guiding Principles and Policy Statements that will allow City staff to address 2022 legislative
and regulatory issues in a timely manner, without precluding the consideration of additional
legislative and budget issues that may arise during the legislative session.
GUIDING PRINCIPLES
PRESERVE LOCAL CONTROL
Preserve and protect the City's powers, duties and prerogatives to enact local legislation
and policy direction concerning local affairs and oppose legislation that preempts local
authority. Local agencies should preserve authority and accountability for land use
planning, revenues raised and services provided.
PROMOTE FISCAL STABILITY
Support measures that promote fiscal stability, predictability, financial independence, and
preserve the City's revenue base and maximum local control over local government
budgeting. Oppose measures that shift local funds to the County, State or Federal
Governments and/or make cities more dependent on the County, State or Federal
Governments for financial stability, such as unfunded mandates or mandated costs with
no guarantee of local reimbursement or offsetting benefits.
III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state and
federal funding. Support funding for programs including, but not limited to economic
development such as infrastructure investment and housing, transportation projects
including road resurfacing, bicycle and pedestrian safety, multi -modal transportation
systems and transit -oriented development, air quality, water quality and local water
reliability, parks and recreation, historic preservation, natural resources, hazard mitigation,
public safety, public health and COVID-19 business and government recovery.
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POLICY STATEMENTS
Local Governance
1. Oppose State or Federal efforts to "borrow" local revenues and encourage the State to
find other methods of balancing its budget.
2. Support local government action, rather than the imposition of state, federal or regional
mandates upon local governments, as well as federal mandates placed on the state.
3. Support maximum flexibility for local government in contracting and contract negotiations.
4. Support open government initiatives as well as the principles of the open meetings
provisions of the Ralph M. Brown Act at all levels of government.
5. Support legislation that facilitates the flexibility of local governments to share resources to
increase efficiencies and decrease costs.
6. Support legislation that preserves the ability of local governments to determine the
appropriate type of election and representation for their jurisdiction.
7. Oppose and monitor efforts to increase City contribution cost to CalPERS.
8. Support the reimbursement of local governments for COVID-19 related expenses,
including the need for essential public safety service overtime, personal protective
equipment, and small business relief.
9. Support and monitor efforts to increase the City's ability to recover payment related fees
from customers
Economic Development
10. Support international, statewide, regional, and local efforts to attract, retain and provide
resources for current and future commercial and industrial businesses.
11. Support policies and programs that encourage working with other cities, counties and
government agencies to jointly leverage resources and assets to create and strengthen
economic clusters within the region.
12. Support economic development initiatives that preserve and enhance a positive business
climate and maintain and grow the business tax base.
13. Support policies and initiatives that will facilitate development of City owned property,
including Tustin Legacy and Pacific Center East. Oppose policies and initiatives that run
counter.
Land Use Planning and Housing
14. Oppose legislation, proposals, or regulations that impose regional, state, or federal growth
development or land use planning standards within the City without the City's direct input.
FA
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15. Oppose legislation, proposals, or regulations that penalize local governments for
noncompliance with their housing element or regional housing needs assessment
requirements.
16. Support efforts to provide flexibility to local governments as well as resources for local
governments to allow them to submit compliant housing elements.
17. Support housing measures that promote the development and enhancement of safe and
affordable housing and accessible housing within the City for all economic segments of
the population, while still retaining local control.
18. Monitor local, state, and federal actions related to medical and recreational marijuana
regulatory changes.
19. Support local control over the licensure and regulation of alcoholism or drug abuse
recovery or treatment facilities.
20. Oppose legislation that would erode local control over City owned property, including
Tustin Legacy and Pacific Center East.
21. Support proposals that provide funding or tools to preserve historic neighborhoods and
structures.
22. Oppose proposals that increase requirements and place undue burdens on the City with
regard to the Surplus Land Act and Tustin Legacy.
23. Oppose efforts that require the City to ministerially approve housing development projects
without adequate input from local agencies or a robust public engagement process.
Parks and Recreation
24. Oppose efforts that erode funding for vital regional and community services that negatively
impact Californian's access to parks, open space, bike lanes and bike ways, after school
programming, senior services and facilities that promote physical activity and protect
natural resources.
25. Support efforts that strengthen policies to fund parks, open space acquisitions, bike lanes,
and active transportation opportunities.
26. Promote local agency control over policies that recognize the benefits of parks and
recreation facilities.
27. Support efforts to increase funding, accessibility and programs for seniors.
Public Works
28. Support increased State and Federal funding of transportation improvements with regional
or sub -regional benefits for all modes of transportation.
3
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29. Support protection of dedicated transportation -related tax revenues and enhance the
ability of local agencies to finance local transportation programs and facilities.
30. Support all efforts to create efficiencies within CEQA.
31. Support measures and reforms which streamline the CEQA process for the development
of housing and mixed-use infill projects that support transit.
32. Support legislation that allows local governments to continue to retain full authority to
reject projects or to condition project approvals and impose mitigation measures.
33. Support efforts to facilitate public private partnerships to complete development projects.
34. Oppose efforts to remove City representation on regional boards that oversee water,
drainage and/or sewage.
35. Support efforts that fund broadband infrastructure.
36. Support efforts that assist the City in meeting its waste and recycling mandates and adding
flexibility to comply with state regulations.
Water Quality and Water Supply
37. Support and monitor legislation that increases the availability of, and funding for, water
conservation, water reuse technologies, water recycling, local water storage and other
water supply technologies such as the Groundwater Replenishment System project.
38. Support the enhancement of a reliable and sustainable water supply for California as well
as measures that improve water quality in the region.
39. Monitor the development of a State framework for long term water conservation measures.
40. Support policy development, funding and research for water conservation, addressing
urban runoff and beach closures and required programs associated with OC NPDES
permits.
41. Support efforts to address long term water resiliency and affordability without
implementing a statewide water tax.
42. Oppose efforts that restrict or eliminate local permitting and enforcement of water quality
measures.
43. Oppose efforts that unilaterally reduces the indoor water use standards without the input
of local and regional stakeholders.
Human Resources and Risk Management
44. Oppose measures that reduce local control over employee relations issues or mandate
new or enhanced local government employee benefits.
M
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45. Support pension reform measures designed to control or decrease employer liability or
increase transparency in reporting without imposing undo hardships or administrative
burdens on local government.
46. Oppose redundant or unnecessary proposals that require excessive human resources
burdens without sufficient reimbursement.
Public Safety
47. Support measures that encourage community safety and well-being including those which
support state and federal reimbursement of homeland security related expenses.
48. Oppose legislation that places burdensome restrictions on law enforcement and limits their
ability to protect public safety.
49. Oppose legislative attempts at early release of incarcerated prisoners and measures that
would further de -criminalize non-violent offenses.
50. Support funding for local mitigation related to Proposition 47 and Proposition 57
51. Support initiatives involving county, state, and federal governments to reduce and prevent
homelessness in Orange County.
52. Support measures that provide funding and local resources for wildfire fire prevention,
suppression, and mitigation.
53. Support local control over adult entertainment facilities, alcohol establishments and
properties where illegal drugs are sold.
54. Support local control for the regulation of cultivation, storage, manufacture, transport and
use of medicinal and recreational marijuana and monitor legislative and administration
activity to create a regulatory structure for medical and adult use.
55. Support legislation increasing resources and local authority for abatement of public
vandalism, especially graffiti.
56. Support regional and state proposals to increase funding for locally operated homeless
shelters.
57. Oppose efforts to limit the City's ability to enforce parking rules and regulations and
recover the costs of doing so.
58. Support efforts that adds de-energization to the list of conditions that constitutes a state
and local emergency.
59. Oppose efforts that changes the certification framework for public safety personnel and
subjecting the City to additional litigation.
5