HomeMy WebLinkAbout06 LEGISLATIVE UPDATEAgenda Item _______
Reviewed:
City Manager _______
Finance Director _______
MEETING DATE: APRIL 4, 2023
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 an OPPOSE UNLESS AMENDED position on AB 480 (Ting) Surplus land
2.Take a SUPPORT position on AB 1505 (Rodriguez) Seismic retrofitting: soft story
multifamily housing
3.Take an OPPOSE UNLESS AMENDED position on SB 34 (Umberg) Surplus land
disposal: violations: Orange County
4.Take a SUPPORT position on SB 44 (Umberg) Controlled substances
5.Take an OPPOSE UNLESS AMENDED position on SB 423 (Wiener) Streamlined
housing approvals: multifamily housing developments
6.Take a SUPPORT position on SB 747 (Caballero) Land use: economic
development: surplus land
7.Receive and file the updated legislative matrix as of March 24
8.Receive and file legislative update prepared by TPA
FISCAL IMPACT:
Not applicable.
AGENDA REPORT
6
N/A
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Agenda Report – Legislative Update
April 4, 2023
Page 2
DISCUSSION:
State Legislative Updates
TPA has created a summary of state legislative activity for the month of March 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.
AB 480 (Ting) Surplus land
- Summary: Makes additional changes to the Surplus Land Act (SLA) without
addressing substantive issues with the SLA as it exists today.
- Recommended Position: Oppose Unless Amended
AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing
- Summary: Grants $250,000,000 from the State General Fund in the 2023–24
Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing
Fund.
- Recommended Position: Support
SB 34 (Umberg) Surplus land disposal: violations: Orange County
- Summary: Makes significant changes to the Surplus Lands Act applicable only to
Orange County.
- Recommended Position: Oppose Unless Amended
SB 44 (Umberg) Controlled substances
- Summary: Requires a person who is convicted of crimes related to controlled
substances to receive a written advisory of the danger of manufacturing or
distribution of controlled substances and that, if a person dies because of that
action, the manufacturer or distributor can be charged with voluntary manslaughter
or murder.
- Recommended Position: Support
SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments
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Agenda Report – Legislative Update
April 4, 2023
Page 3
- Summary: Greatly expands SB 35 (Chapter 366, Statutes of 2017) provisions and
eliminates the Jan. 1, 2026 sunset date.
- Recommended Position: Oppose Unless Amended
SB 747 (Caballero) Land use: economic development: surplus land
- Summary: Makes changes to the Surplus Land Act (SLA) by addressing
substantive issues with the SLA as it exists today, and reaffirms the role of the
Economic Opportunity Law when local agencies dispose of property.
- Recommended Position: Support
Legislative Tracking Matrix
Attached is a legislative tracking matrix as of March 24 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.
Attachments:
- TPA March 2023 update
- Draft AB 480 letter
- Draft AB 1505 letter
- Draft SB 34 letter
- Draft SB 44 letter
- Draft SB 423 letter
- Draft SB 747 letter
- Legislative Matrix as of March 24
- 2023 Legislative Platform
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M E M O R A N D U M
To: City of Tustin
From: Townsend Public Affairs
Date: March 27, 2023
Subject: March Monthly Report
STATE LEGISLATIVE UPDATES
In March, the Legislature continued its quick pace of considering legislation and amending bills,
which included numerous policy committee hearings, including the Assembly Public Safety
Committee, which featured several measures related to retail theft and firearms, and the Senate
Housing Committee, which saw the passage of notable statewide housing bills like SB 423
(Weiner).
Next month will feature several high-priority committee hearings, including the consideration of
statewide transportation requirements in the Assembly Transportation Committee, the
consideration of surplus land act modifications in the Assembly Housing and Community
Development Committee, and local government measures in the Senate Governance and
Finance Committee.
Legislature and Governor Strike Compromise on Oil Price Accountability Bill, Expedite
its Legislative Process
The Governor and the Legislature announced they reached a compromise on a measure to hold
oil distributors accountable for recent price hikes over the past year. The measure (SBX1-2),
initiated by the Governor’s declared special session, has sailed through the legislative process
under an expedited timeline. Authored by Senator Nancy Skinner (D-Berkeley) and co-sponsored
by Attorney General Rob Bonta, the measure creates a dedicated, 24/7 independent watchdog
to root out price gouging by oil companies, and authorizes a penalty to hold the industry
accountable.
Specifically, the measure Creates a new independent watchdog within the California Energy
Commission (CEC) charged with monitoring California’s petroleum market on a daily basis to
ensure market participants do not engage in price gouging activities. If the oversight agency
identifies bad actors, the measure authorizes the CEC to set a price gouging penalty via a public
rulemaking process that deters excessive pricing.
The measure passed the Senate and is pending its first Assembly policy committee hearing in
the Utilities and Energy Committee. Several procedural rules have been waived to ensure its
expedited process. It is likely the measure could be signed into law as early as the coming week,
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Governor Newsom Announces the Easement of Drought Restrictions
On March 24, Governor Newsom announced the state’s plan to ease previous Emergency
Drought Restrictions. The following restrictions have been eased, while some have been
maintained in line with the States’ water preservation measures:
• Ends the voluntary 15% water conservation goal, continues to encourage using water wisely;
• Ends requirement that local water agencies implement level 2 drought contingency plans;
• Maintains ban on wasteful water uses, like watering ornamental grass on commercial grounds;
• Preserves current emergency orders focused on groundwater supply;
• Maintains orders on specific watersheds that have not benefited as much from recent rains;
• Retains state of emergency for all 58 counties so response and recovery efforts can continue.
These actions come as the state announced increased water deliveries to 29 public water
agencies that serve 27 million Californians, now expecting to deliver 75% of requested water
supplies – up from 35% announced in February, and the highest since 2017.
While the winter storms have mitigated some issues related to the drought, the Governor iterated
that regions and communities across the state continue to experience water supply shortages,
especially communities that rely on groundwater supplies that have been severely depleted in
recent years.
Tax Filing Deadline Pushed Again to October 16
Californians affected by the recent winter storms have been granted an unprecedented tax filing
extension of October 16, 2023. The deadline extension applies to counties that include almost all
of the state’s population, including residents and businesses in Los Angeles, San Diego, Orange,
Riverside, San Bernardino, Santa Clara, Alameda, San Francisco, and Sacramento Counties.
The Internal Revenue Service (IRS) announced it would grant a five-month extension to October
for tax filers in these areas. Knowing that filing federal income tax returns is a prerequisite for
filling out state income tax returns, California’s Franchise Tax Board (FTB) announced it would
align its tax filing deadline with the federal government to October 16 as well.
What this means for the State Budget: It is expected that many high-income taxpayers and large
corporations will continue not paying income taxes to FTB until the end of the tax deadline
extension in October. Consequently, tens of billions of dollars of tax payments are likely to be
delayed. The personal income tax makes up about 61% of state general fund revenues. This
includes taxes from individuals and from sole proprietorships, partnerships, S corporations and
limited liability companies that file business income on personal tax returns.
Ultimately, this delay will prolong the uncertainty policymakers are already facing around what
revenues they’ll have to work with in the coming fiscal year. The anticipated budget deficit and
final decisions on priority spending programs will likely not be flushed out come June when the
Budget must be passed by the Legislature pursuant to Constitutional deadlines. However, budget
experts note that the state is well-positioned to weather cash-flow interruptions with reserve funds.
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FEDERAL LEGISLATIVE UPDATES
Federal Agencies Convene Law Enforcement and Behavioral Health Leaders to Discuss
the Future of 988 Crisis Line
The U.S. Department of Justice’s Office of Justice Programs’ Bureau of Justice Assistance (BJA)
and the Substance Abuse and Mental Health Services Administration (SAMHSA) are working with
The Council of State Governments (CSG) Justice Center to effectively implement the 988 crisis
line and its role within law enforcement agencies.
988 is the 3-digit code for people to reach the National Suicide & Crisis Lifeline, which has the
potential to be a powerful tool for behavioral health diversion by increasing opportunities to
connect callers with needed health-first services when appropriate. Building on that objective,
three major themes emerged about how to actualize this shared vision.
1. A continued commitment from federal agencies is critical to the success of 988 nationwide.
2. Meaningful cross-system collaboration requires trust among partners and a shared
understanding across systems.
3. Equity and access are central to the shared vision of 988.
Insights gained from the initiated meetings will inform an upcoming roadmap, which will include a
suite of training, technical assistance, and policy resources responsive to the crisis needs defined
by the people leading efforts across the country.
President Biden Releases FY24 Budget
President Biden released the FY24 budget proposal outlining his vision to build on the
Administration’s work of lowering costs for families, protecting and strengthening Social Security
and Medicare, reducing the deficit, and more. The $6.8 trillion budget proposal for FY2024
includes tens of billions of dollars in new spending and tax increases, which face pushback from
Congressional Republicans. The President’s proposal would increase spending by $400 billion
from last year.
The proposal calls for new taxes on wealthy Americans and corporations and using those funds
to help extend Medicare’s solvency by 25 years. The proposed budget increases defense
spending by $26 billion to a total of $842 billion, a 3.2% increase from last year. The Homeland
Security Department would get $4.7 billion to help respond to the migration surge at the U.S.-
Mexico border.
Additional federal agencies would see double-digit spending boosts including proposed spending
increases to: Agriculture 14%; Commerce 11%; Education and Energy 13.6%; HHS 11.5%;
Interior 9.3%; Justice 5.9%; Labor 11.5%; State 11%; Transportation 6.7%; and Treasury 15%.
The budget brings back some of the administration’s original goals of Build Back Better, to build
off the success of the Inflation Reduction Act. These include additional education, housing, and
climate provisions.
Highlighted provisions include:
Housing and Housing Assistance
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• $59 billion in mandatory funding and tax incentives aimed at increasing the affordable
housing supply, including for extremely low-income households. Includes $10 billion in
mandatory funding to incentivize State, local, and regional jurisdictions to make progress
in removing barriers to affordable housing developments, such as restrictive zoning. The
Budget also includes $10 billion in mandatory funding for a new First-Generation Down
Payment Assistance program. And the Budget expands access to affordable rent through
the Housing Choice Voucher (HCV) program to well over 200,000 additional households—
including guaranteed assistance for all 20,000 youth who age out of foster care annually
and an incremental expansion to cover the 450,000 extremely low-income (ELI) veteran
families nationwide.
• $4.1 billion for the Low Income Home Energy Assistance Program (LIHEAP), building on
the $13 billion provided in the Inflation Reduction Act to reduce energy bills for families,
expand clean energy, transform rural power production, and create thousands of good-
paying jobs for people across rural America. Since the Low Income Household Water
Assistance Program (LIHWAP) expires at the end of 2023, the Budget proposes to expand
LIHEAP funding and allow States the option to use a portion of their LIHEAP funds to
provide water bill assistance to low-income households.
Public Safety
• Continued funding to the President’s comprehensive Safer America Plan, including
funding to put 100,000 additional police officers on our streets for accountable,
community-oriented policing; $19.4 billion over 10 years for crime prevention strategies;
and $5 billion over 10 years for community violence interventions. The Budget also
includes $17.8 billion for DOJ law enforcement, including a total of nearly $2 billion for the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to expand multijurisdictional
gun trafficking strike forces with additional personnel, increase regulation of the firearms
industry, and implement the Bipartisan Safer Communities Act. The Budget also includes
$1.9 billion for the U.S. Marshals Service to support personnel dedicated to fighting violent
crime, as well as $51 million to the Federal Bureau of Investigation (FBI) to support the
continued implementation of enhanced background checks required by the Bipartisan
Safer Communities Act.
• Enhances Border Security and Immigration Enforcement. Strengthening border security
and providing safe, lawful pathways for migration remain top priorities for the
Administration. The Budget includes nearly $25 billion for U.S. Customs and Border
Protection (CBP) and Immigration and Customs Enforcement (ICE). The Budget includes
funds for CBP to hire an additional 350 Border Patrol Agents, $535 million for border
technology at and between ports of entry, $40 million to combat fentanyl trafficking and
disrupt transnational criminal organizations, and funds to hire an additional 460 processing
assistants at CBP and ICE.
Climate Resiliency and Disaster Preparedness
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• $4.5 billion in clean energy across America. The Budget supports clean energy workforce
development and sustainable infrastructure projects across the country, including $1.8
billion to weatherize and retrofit low-income Americans’ homes.
• More than $24 billion to help build communities’ resilience to floods, wildfires, storms,
extreme heat, and drought brought on by climate change, expand conservation and
ecosystem management, strengthen America’s natural disaster response capabilities,
increase the resilience of rural housing to the impacts of climate change while reducing
rent burdens, and ensure the resilience of our nation’s defense to climate change.
• Increased investment to tackle the Wildfire crisis. FY 2024 budget request for the
Department of the Interior’s (DOI) wildland fire and hazardous fuels management totals
$1.33 billion, and for the Department of Agriculture (USDA) Forest Service’s wildland fire
and hazardous fuels management totals $2.97 billion. These investments are designed to
increase firefighters’ pay, expand firefighting capacity, and enhance support for firefighter
health and wellbeing.
Federal Legislation Introduced to Address Wildfire Risk
Senator Michael Bennet (D-CO) – the chairman of the Agriculture Committee’s Subcommittee on
Conservation, Climate, Forestry, and Natural Resources – introduced legislation (S. 540) that
seeks to reduce the wildfire risk in the West. Among other things, S. 540 would establish an
Outdoor Restoration & Watershed Fund to increase support for local efforts to restore forests and
watersheds, clean up public lands, enhance wildlife habitat, remove invasive species, and expand
outdoor access. The legislation also would establish an advisory council to determine funding
priorities, coordinate with existing regional efforts, and provide oversight. The measure also
includes funds for grant programs to assist local governments in restoration and fire mitigation
projects.
USDOT’s Federal Railroad Administration Announces New Safety Initiative with a Focus
on Hazardous Materials
Federal Railroad Administration (FRA) Administrator Amit Bose announced a national initiative
for focused inspections on routes that carry high-hazard flammable trains (HHFTs) and other
trains carrying large volumes of hazmat commodities. Working with USDOT’s Pipeline and
Hazardous Materials Safety Administration (PHMSA), FRA will identify these routes and prioritize
them for inspection beginning immediately. The inspections will start in East Palestine, Ohio, and
expand to communities nationwide.
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April XX, 2023
The Honorable Philip Y. Ting
1021 O Street, Suite 8230
Sacramento, CA 95814
SUBJECT: AB 480 (Ting) Notice of Opposition Unless Amended
Dear Assembly Member Ting:
The City of Tustin (City) regrets to inform you of its oppose unless amended position on AB 480,
which makes additional changes to the Surplus Land Act (SLA) without addressing substantive
issues with the SLA as it exists today. The City has adopted an oppose unless amended position to
this bill in accordance with its 2023 Legislative Platform, Land Use and Housing, policy statement
25: Oppose proposals that increase requirements and place undue burdens on the City with regard
to the Surplus Land Act and Tustin Legacy.
Since AB 1486 (Ting) took effect in 2020, local agencies like the City have been endeavoring to
not only understand portions of the SLA that are unclear or in conflict with other state laws, but to
also comply in good faith. AB 480, if intended to address some of the issues within the existing
SLA, should also address additional issues that have been ignored or implemented incorrectly,
including:
1. Former Federal Military Bases
The definition of “Agency’s Use” in the SLA should be revised to include former military
base property deeded to a local agency from the Federal Government through a contract
between the local agency and Federal Government detailing how the property is to be
disposed. In the case of Tustin Legacy (former MCAS Tustin), in 2002 the City received
over 1,100 acres from the Federal Government as a result of the Federal Base Closure Act.
Since then, the City entered into a Federal Reuse plan for the base and adopted a Specific
Plan for land uses and has been redeveloping the property accordingly with a mix of
residential, non-residential, and public amenities. The City has only been able to
accomplish this by reinvesting revenue from land sales to pay for the significant public
costs of removing old base infrastructure and installing new infrastructure and public
amenities to prepare and accommodate future development. AB 480 should recognize the
distinct differences among property types and ensure that the definition of “Agency’s Use”
considers existing military base reuse plans.
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2. Leasing
AB 1486 was amended during the legislative process to remove the term “lease” from the
definition of disposal due to local government concerns. However, when the final SLA
Guidelines were published by the Department of Housing and Community Development
(HCD) in April 2021, leasing was included in the definition of “disposition.” This is
contrary to the legislative intent and should be corrected in AB 480 for clarification that
leases are not dispositions.
3. Fair Market Value
The definition of Fair Market Value (FMV) in the HCD SLA Guidelines does not seem to
account for the provisions within the legislative language of the SLA. The definition put
forward by HCD in the SLA Guidelines implies that if a property was not subject to the
SLA, the FMV would be the price obtained on the open market for the desired land use.
However, given the requirements of the SLA, AB 480 should directly address or direct
HCD to adjust the SLA Guidelines accordingly:
a. True FMV: Clarity is needed on whether FMV is evaluated based on “highest and
best use” under existing zoning limitations or the assumption of entitlements for a
particular land use on a parcel. Evaluating a parcel on its “highest and best use”
compared to the assumption of entitlements could lead to entirely different FMV
determinations.
b. FMV of Non-Residential Zoned Property: Since the SLA requires local agencies to
treat property zoned non-residential as though it were zoned residential, it would
then make sense that an appraisal or other method to determine value on non-
residential use be updated to incorporate residential use to determine FMV. If not,
then there is a conflict here as there is now no pathway in the guidelines for a local
agency to determine the residential FMV of non-residential zoned property.
4. Conflicts with Density Bonus Law
The SLA requires that 15%-25% (depending on disposition) of the total amount of units
be affordable. This is a direct conflict with how density bonus law operates and creates a
much higher base affordability rate for a standard project. Typically, a density bonus for
affordability is calculated on the number of base units, not the total amount of units for a
project (a total amount calculation being base units and the density bonus units combined).
AB 480 should seek to revise the SLA to reflect that affordability is calculated on the
number of base units for a project to align with density bonus law.
5. Mixed Use Exemption
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Government Code section 54221(f)(1)(F)(ii) authorizes an exemption under the SLA if the
land is more than one acre in area, includes not less than 300 residential units, and restricts
at least 25 percent of the residential units to lower income households. The 300 unit and
one acre threshold is arbitrary. AB 480 should be amended to remove the one acre and 300
unit requirement, but still require 25% to comply.
6. Require HCD to Publish Approvals and Track Progress
HCD currently posts the available surplus land sites that have been noticed by a local
agency. However, no further activity is logged on the HCD website after the noticing
period ends. If the Legislature wishes to have quantitative results of whether or not the
SLA is achieving its goals, AB 480 should require HCD to publish the following on its
website, which would create a database for local agencies to pull from and incorporate into
future dispositions:
a. HCD approval and denial correspondence
b. Final land disposition agreements from local agencies (whether using an SLA
exemption or not)
c. Copies of land use restriction covenants recorded
d. Number of affordable and market rate units created
The City continues to advocate for reasonable, consistent and achievable requirements under the
SLA and has looked forward to seeing a cleanup bill to address many of the implementation issues
that are hindering and slowing housing projects down as local agencies attempt to address and
meet conflicting standards in the SLA when disposing of public property. The current version of
AB 480 does not address any of these significant issues or provide relief or clarity for local
agencies.
For these and the other reasons described above, the City of Tustin opposes AB 480 unless
amended
Sincerely,
Austin Lumbard
Mayor
cc: Senator Dave Min
Assembly Member Cottie Petrie-Norris
League of California Cities, cityletters@cacities.org
Townsend Public Affairs
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April XX, 2023
The Honorable Freddie Rodriguez
1021 O Street, Suite 1200
Sacramento, CA 95814
SUBJECT: AB 1505 (Rodriguez) – Notice of Support
Dear Assembly Member Rodriguez:
The City of Tustin (City) is pleased to inform you of its support of AB 1505 which would grant
$250,000,000 from the State General Fund in the 2023–24 Budget Act to the Seismic Retrofitting
Program for Soft Story Multifamily Housing Fund. This critical funding provides for matching
grants for seismic retrofit engineering and construction to protect affordable multifamily housing
developments from earthquakes. The City has adopted a support position to this bill in accordance
with its 2023 Legislative Platform, Land Use and Housing, policy statement 20: 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.
With California’s historic vulnerability to earthquakes, it is urgent and imperative to provide
funding for seismic retrofitting. Funding for this program was originally included in budget trailer
legislation and signed into law by the Governor in 2022. However, the funding was proposed to
be omitted from the 2023 preliminary budget submitted to the Legislature. AB 1505 will work to
restore this funding on an urgency basis.
To keep our community safe from future earthquake damage and fatalities, it is pertinent to comply
with seismic building standards, and provide adequate funding to ensure public safety and disaster
preparedness needs are met. California has historically been a hub of major earthquake disasters,
given its position along the tectonic plate boundaries including the San Andreas, San Gregorio-
Hosgri, and Hayward-Rodgers Creek fault zones.
AB 1505 will help protect our State and local communities from earthquake damage and
devastation by ensuring compliance with seismic retrofitting to proactively prepare for future
disasters. By submitting this letter, we express our support for the inclusion of the pre-dedicated
$250 million for seismic retrofitting support in the upcoming iteration of the State’s budget,
whether catalyzed by this legislation or similar budget trailer legislation.
For these reasons, the City of Tustin supports AB 1505.
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Sincerely,
Austin Lumbard
Mayor
cc: Senator Dave Min
Assembly Member Cottie Petrie-Norris
League of California Cities, cityletters@cacities.org
Townsend Public Affairs
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April XX, 2023
The Honorable Tom Umberg
1021 O Street, Suite 6520
Sacramento, CA 95814
SUBJECT: SB 34 (Umberg) Notice of Opposition Unless Amended
Dear Senator Umberg:
The City of Tustin (City) regrets to inform you of its oppose unless amended position on SB 34
which would make significant changes to the Surplus Land Act, which has been substantially
amended several times in recent legislative sessions to increase oversight by the Department of
Housing and Community Development (HCD). The City has adopted an oppose unless amended
position to this bill in accordance with its 2023 Legislative Platform, Land Use and Housing, policy
statement 25: Oppose proposals that increase requirements and place undue burdens on the City
with regard to the Surplus Land Act and Tustin Legacy.
This bill is explicitly designed to allow HCD to unilaterally engage in any surplus property issue
in Orange County. This framework is unlikely to disincentivize corrupt actors, but it will disrupt
the disposition of any surplus local property. Faced with the threat of litigation and uncertainty
over ownership of the property, SB 34 will likely result in fewer parcels disposed for reuse as
affordable or market rate housing, or any other beneficial purpose. Furthermore, the bill unfairly
targets cities in Orange County that have been making good faith efforts to comply with the
existing Surplus Land Act and guidance from HCD.
We understand the concerns underlying this bill, but the current provisions of this bill, which
would apply to jurisdictions only in Orange County, are greatly disproportionate to those concerns.
We would not object to a more targeted approach that addresses specific circumstances of that
nature where additional scrutiny is appropriate. Unfortunately, SB 34 in its current form does not
strike the appropriate balance between state oversight and the ability of local governments
specifically in Orange County to dispose of surplus property in an orderly way that ensures
appropriate value for taxpayers.
For these and the other reasons described above, the City of Tustin opposes SB 34 unless amended.
Sincerely,
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Austin Lumbard
Mayor
cc: Senator Dave Min
Assembly Member Cottie Petrie-Norris
League of California Cities, cityletters@cacities.org
Townsend Public Affairs
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April XX, 2023
The Honorable Tom Umberg
1021 O Street, Suite 6520
Sacramento, CA 95814
SUBJECT: SB 44 (Umberg) Notice of Support
Dear Senator Umberg:
The City of Tustin (City) is pleased to inform you of its support of SB 44 which would require a
person who is convicted of crimes related to controlled substances to receive a written advisory of
the danger of manufacturing or distribution of controlled substances and that, if a person dies
because of that action, the manufacturer or distributor can be charged with voluntary manslaughter
or murder. While not specifically addressed in its 2023 Legislative Platform, the City is adopting
a support position due to the increasing prevalence of fentanyl and other controlled substances in
our community.
A recent study by the Center for Disease Control (CDC) names fentanyl the deadliest drug in the
United States. Fentanyl is often disguised as other synthetic opioids or drugs, then sold on the
street to users who are unaware that fentanyl is a key ingredient. Users who unknowingly ingest
these substances believing they are taking a less powerful drug are much more susceptible to
overdose or even death. When abused, fentanyl affects the brain and nervous system and is 50
times stronger than heroin and 100 times stronger than morphine.
With respect to deaths resulting from driving under the influence (DUI), the California Supreme
Court held in People v. Watson (1981) in affirming a second-degree murder conviction, that “when
the conduct in question can be characterized as a wanton disregard for life, and the facts
demonstrate a subjective awareness of the risk created, malice may be implied.” To codify this
notion, state law was implemented in 2004 to require that courts read an admonishment to anyone
convicted of reckless driving or DUI to inform them of the state’s ability and intent to charge a
repeated future offense with manslaughter or murder.
Current law makes it unlawful to sell, traffic, or transport specified opiates and opiate derivatives
including fentanyl. SB 44 introduces the California Fentanyl Admonishment, otherwise known as
Alexandra’s Law, modeled after the state’s current DUI Advisory. The City supports additional
funding and resources to address the substance use crisis through appropriate prevention and
intervention efforts, educational awareness campaigns, and increased access to life-saving
overdose treatment aids such as naloxone.
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For these reasons, the City of Tustin supports SB 44.
Sincerely,
Austin Lumbard
Mayor
cc: Senator Dave Min
Assembly Member Cottie Petrie-Norris
League of California Cities, cityletters@cacities.org
Townsend Public Affairs
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April XX, 2023
The Honorable Scott Wiener
1021 O Street, Suite 3330
Sacramento, CA 95814
SUBJECT: SB 423 (Wiener) Notice of Opposition Unless Amended
Dear Senator Wiener:
The City of Tustin (City) regrets to inform you of its oppose unless amended position on SB 423
which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the
Jan. 1, 2026 sunset date. The City has adopted an oppose unless amended position to this bill in
accordance with its 2023 Legislative Platform, Land Use and Housing, policy statement 17:
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.
The City, along with others cities throughout the state, is working to find creative solutions to the
housing crisis so homes of all income levels can be built. The City is doing this while continuing
to navigate the state’s annual barrage of overreaching housing bills that have thus far demonstrated
limited success.
This measure would double-down on the recent trend of the state overriding its own mandated
local housing plans by forcing cities to approve certain housing projects without regard to the
needs of the community, opportunities for environmental review, or public input. While it may be
frustrating for some developers to address neighborhood concerns about traffic, parking, and other
development impacts, those directly affected by such projects have a right to be heard. Public
engagement also often leads to better projects - not having such outlets will increase public distrust
in government and result in additional ballot measures limiting housing development.
Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner
with local officials. Targeted, ongoing funding for local governments is the only way cities can
find community-based solutions to the housing crisis. California will never produce the number of
homes needed with an increasingly state driven, by-right housing approval process. What is really
needed is a sustainable state investment that matches the scale of this long-term crisis.
For these and the other reasons described above, the City of Tustin opposes SB 423 unless
amended.
DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83
Sincerely,
Austin Lumbard
Mayor
cc: Senator Dave Min
Assembly Member Cottie Petrie-Norris
League of California Cities, cityletters@cacities.org
Townsend Public Affairs
DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83
April XX, 2023
The Honorable Anna Caballero
1021 O Street, Suite 7620
Sacramento, CA 95814
SUBJECT: SB 747 (Caballero) – Notice of Support
Dear Senator Caballero:
The City of Tustin (City) is pleased to inform you of its strong support of SB 747, which makes
changes to the Surplus Land Act (SLA) by addressing substantive issues with the SLA as it exists
today, and reaffirms the role of the Economic Opportunity Law when local agencies dispose of
property. The City has adopted a support position to this bill in accordance with its 2023
Legislative Platform, Economic Development, policy statement 16: Support policies and
initiatives that will facilitate development of City owned property, including Tustin Legacy and
Pacific Center East.
Since AB 1486 (Ting) took effect in 2020, local agencies like the City have been endeavoring to
not only understand portions of the SLA that are unclear or in conflict with other state laws, but to
also comply in good faith. SB 747 makes important clarifications to items such as “agency’s use”
definition, leasing, clearer and more practical exemptions, and clarifications on changes to the
SLA Guidelines by the Department of Housing and Community Development. Perhaps most
importantly, SB 747 reaffirms that Economic Opportunity Law (Government Code section 52200)
is an alternative to the SLA when disposing of public property, not subsidiary to the SLA. The
facilitation of economic development through the disposition of property for not only residential
(market rate and affordable), but also office, retail, and other uses are critical to creating a
jobs/housing balance in our community.
The City continues to advocate for reasonable, consistent and achievable requirements under the
SLA and has looked forward to seeing a cleanup bill to address many of the implementation issues
that are hindering and slowing housing projects down as local agencies attempt to address and
meet conflicting standards in the SLA when disposing of public property. Additionally,
reaffirming the role of the Economic Opportunity Law creates a clear alternative to the SLA when
disposing of public property to facilitate economic development.
For the reasons described above, the City is pleased to support SB 747.
DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83
Sincerely,
Austin Lumbard
Mayor
cc: Senator Dave Min
Assembly Member Cottie Petrie-Norris
League of California Cities, cityletters@cacities.org
Townsend Public Affairs
California Association for Local Economic Development
DocuSign Envelope ID: E5971B75-E6F0-4850-A812-A9DAB04CAD83
Bill Bill Summary Bill Status Position
SB 43 (Eggman)
Behavioral Health.
Would update California's 1967 conservatorship law by
expanding the definition of "gravely disabled" to include
conditions that result in a substantial risk of serious harm to an
individual's physical or mental health.
Status: 3/20/2023-Set
for hearing March 29.Watch
SB 363 (Eggman)
Facilities for
Inpatient and
Residential Mental
Health and
Substance Use
Disorder:
Database.
Would establish a real-time, internet-based dashboard to collect,
aggregate, and display information about available beds in
psychiatric and substance abuse facilities.
Status: 3/23/2023-
From committee: Do
pass and re-refer to
Com. on JUD. (Ayes
11. Noes 0.) (March
22). Re-referred to
Com. on JUD.
Watch
AB 24 (Haney)
Emergency
Response: Opioid
Antagonist Kits.
Would require bars, gas stations, public libraries, and hotels to acquire
an opioid antagonist kit.
Status: 3/7/2023-Re-
referred to Com. on
HEALTH.
Watch
AB 33 (Bains)
Fentanyl Addiction
and Overdose
Prevention Task
Force.
Would establish a task force to analyze data on the extent of fentanyl
use in California and evaluate approaches to increase public
awareness.
Status: 3/22/2023-
Coauthors revised.
From committee: Do
pass and re-refer to
Com. on PUB. S.
(Ayes 14. Noes 0.)
(March 21). Re-
referred to Com. on
PUB. S.
Watch
City of Tustin Priority State Legislation Matrix
Updated 3.24.23
2023 California State Legislative Session
Community Services
Page 1 of 21
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SB 19 (Seyarto)
Anti-Fentanyl
Abuse Task Force.
Would establish a task force to analyze data on the extent of fentanyl
use in California and evaluate approaches to increase public
awareness.
Status: 3/14/2023-
From committee: Do
pass and re-refer to
Com. on APPR. (Ayes
4. Noes 0.) (March
14). Re-referred to
Com. on APPR.
Watch
AB 550 (Schiavo)
Homelessness:
Public Hearings.
Would require cities and counties to annually conduct a point-intime
count and hold a public hearing to present the data
gathered and discuss plans to solve issues related to
homelessness in that jurisdiction.
Status: 3/6/2023-Re-
referred to Com. on L.
GOV.
Watch
Page 2 of 21
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AB 799 (L. Rivas)
Homeless
Housing,
Assistance, and
Prevention
Program:
Homelessness
Accountability Act.
This measure would create new accountability requirements for
local governments accessing state funding through the Homeless
Housing, Assistance, and Prevention Program (HHAP).
Status: 2/23/2023-
Referred to Com. on
H. & C.D.
Watch
AB 67
(Muratsuchi)
Homeless Courts
Pilot Program.
Would create a pilot program for unhoused defendants to participate
diversion programs that would provide housing, mental health services,
substance abuse treatment, and more.
Status: 3/21/2023-
From committee: Do
pass and re-refer to
Com. on APPR. (Ayes
9. Noes 0.) (March
21). Re-referred to
Com. on APPR.
Watch
AB 1215 (Carrillo)
Pets Assistance
with Support
Grant Program:
Homeless
Shelters: Domestic
Violence Shelters:
Pets.
Would create a grant program for homeless and domestic violence
shelters to accommodate pets.
Status: 3/2/2023-
Referred to Com. on
H. & C.D.
Watch
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SB 37 (Caballero)
Older Adults and
Adults with
Disabilities
Housing
Stability Act.
Would create a grant program to administer housing subsidies for older
adults at risk of or experiencing homelessness.
Status: 3/22/2023-
From committee: Do
pass and re-refer to
Com. on HUMAN S.
(Ayes 10. Noes 0.)
(March 21). Re-
referred to Com. on
HUMAN S.
Watch
AB 963 (Schiavo)
The End of the
Foster Care-to-
Homelessness
Pipeline Act.
Would establish an unfunded loan guarantee program to provide
security to qualified lenders financing the development and
acquisition of housing for current and former foster youth ages 18
to 25.
Status: 3/2/2023-
Referred to Coms. on
HUM. S. and J., E.D.,
& E.
Watch
AB 1321 (Bonta)
California
Coordinated
Neighborhood and
Community
Services Grant
Program.
Would create a competitive grant program to implement a
comprehensive, integrated continuum of cradle-to-career
solutions at the neighborhood level.
Status: 3/2/2023-
Referred to Com. on
HUM. S.
Watch
AB 262 (Holden)
Children’s Camps:
Regulation.
Would require the State Department of Social Services to establish
and lead a stakeholder workgroup to gather information and
provide recommendations to the Legislature regarding the
development of subsequent legislation for children’s camps.
Status: 3/16/2023-Re-
referred to Com. on
HUM. S.
Watch
AB 367
(Maienschein)
Controlled
Substances:
Enhancements.
Would add sentence enhancement of 3 to 5 years on a person
who inflicts great bodily injury when they sell, furnish, administer, or
give away a controlled substance and the person to whom the
substance was sold, furnished, administered, or given suffers a
significant or substantial physical injury from using the substance.
Status: 3/23/2023-Re-
referred to Com. on
PUB. S. In committee:
Hearing postponed by
committee.
Watch
Public Safety
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SB 44 (Umberg)
Controlled
Substances.
Would require a person who is convicted of crimes related to
controlled substances to receive a written advisory of the danger
of manufacturing or distribution of controlled substances and
that, if a person dies because of that action, the manufacturer or
distributor can be charged with voluntary manslaughter or
murder.
Status: 3/13/2023-Set
for hearing March 28.Watch
AB 1166 (Bains)
Liability for
Naloxone
Hydrochloride
Administration.
Would provide that a person who is not trained in emergency
medical services or as a health care provider and who, in good
faith and not for compensation, renders treatment at the scene
of an opioid overdose or suspected opioid overdose by
administering naloxone hydrochloride is not liable for civil
damages resulting from an act or omission.
Status: 3/23/2023-
From committee chair,
with author's
amendments: Amend,
and re-refer to Com.
on JUD. Read second
time and amended.
Watch
AB 1708
(Muratsuchi) Theft.
Would amend Proposition 47 to increase accountability for
repeat offenders as well as access to participate in rehabilitation
services.
Status: 3/13/2023-Re-
referred to Com. on
PUB. S.
Watch
AB 642 (Ting) Law
Enforcement
Agencies: Facial
Recognition
Technology.
Would require any law enforcement agency that uses facial
recognition technology (FRT) to have a written policy governing
the use of that technology and would require any FRT system
used to meet certain national standards and would limit the use
of FRT to use as an investigative aid. Would specifically prohibit
the use of any FRT-generated match from being the sole basis for
probable cause in an arrest, search, or warrant and would also
require an agency using FRT to post their written policy and an
annual summary of FRT usage on their internet website.
Status: 3/6/2023-Re-
referred to Com. on
PUB. S.
Watch
AB 1034 (Wilson)
Law Enforcement:
Facial Recognition
and Other
Biometric
Surveillance.
Would prohibit a law enforcement agency or law enforcement
officer from installing, activating, or using any biometric
surveillance system in connection with an officer camera or data
collected by an officer camera and would authorize a person to
bring an action for equitable or declaratory relief against a law
enforcement agency or officer who violates that prohibition.
Would sunset on January 1, 2034.
Status: 3/6/2023-Re-
referred to Com. on
PUB. S.
Watch
Page 5 of 21
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AB 742 (Jackson)
Law Enforcement:
Police Canines.
Would prohibit the use of an unleashed police canine by law
enforcement to apprehend a person, and any use of a police
canine for crowd control. Would prohibit law enforcement
agencies from authorizing any use or training of a police canine
that is inconsistent with this measure.
Status: 3/22/2023-
Coauthors revised.
From committee: Do
pass and re-refer to
Com. on APPR. (Ayes
6. Noes 2.) (March
21). Re-referred to
Com. on APPR.
Watch
SB 719 (Becker)
Law Enforcement
Agencies: Radio
Communication.
Would require a law enforcement agency to ensure access, in
real time, to the radio communications of that agency to duly
authorized media representatives or organizations.
Status: 3/21/2023-
March 28 set for first
hearing canceled at
the request of author.
Watch
SB 796 (Alvarado-
Gil) Threats.
Would make it a crime for a person to willfully threaten to commit
a crime that will result in death or great bodily injury at a
particular location or event.
Status: 3/23/2023-Set
for hearing April 25.Watch
AB 40 (Rodriguez)
Emergency
Medical Services.
Would require the EMS authority to develop an electronic
signature for use between the emergency department medical
personnel at a receiving facility and the transporting emergency
medical personnel that captures the points in time when the
hospital receives notification of ambulance arrival and when
transfer of care is executed for documentation of ambulance
patient offload time and would require the authority to develop a
statewide standard of 20 minutes, 90% of the time, for ambulance
patient offload time.
Status: 3/16/2023-Re-
referred to Com. on
E.M.
Watch
SB 402 (Wahab)
Emergency
Services Limiting
Police Response.
Would require 911 or other service center calls for service relating
to mental health or homelessness to be dispatched to fire district
or department personnel, EMS personnel, mental health
personnel, or nonsworn unarmed police personnel and not to
police officers.
Status: 2/22/2023-
Referred to Coms. on
HEALTH and G.O.
Watch
Environment
Page 6 of 21
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AB 2 (Ward)
Recycling: Solar
Photovoltaic
Modules.
Would create end-of-life management of photovoltaic modules (or
solar panels), minimization of hazardous waste, and recovery of
commercially valuable materials.
Status: 3/20/2023-Re-
referred to Com. on
E.S. & T.M.
Watch
Page 7 of 21
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AB 573 (E. Garcia)
Organic Waste
Disposal
Reduction Targets.
This measure intends to support rural and/or border cities with
meeting SB 1383 procurement targets.
Status: 3/20/2023-Re-
referred to Com. on
NAT. RES.
Watch
AB 863 (Aguiar-
Curry) Carpet
Recycling: Carpet
Stewardship
Organizations:
Fines:
Succession:
Procedure.
Would increase the per day penalty for violations of carpet
stewardship laws. Would provide that if a carpet stewardship
organization violates a provision of the carpet stewardship law
three times, they become ineligible to act and the successor rules
will apply.
Status: 3/20/2023-Re-
referred to Com. on
NAT. RES.
Watch
AB 1526 (Asm. Nat
Resources) Solid
Waste.
This measure intends to provide additional clarity on SB 54 (single
use plastic law) to improve the cost recovery mechanism.
Status: 3/9/2023-
Referred to Com. on
NAT. RES.
Watch
SB 560 (Laird)
Propane Tank
Producer
Responsibility.
Would establish end-of-life management program for covered gas
cylinders, which includes propane gas cylinders under 20 pounds,
helium cylinders, isobutane cylinders, and butane cylinders.
Status: 3/22/2023-
From committee with
author's amendments.
Read second time and
amended. Re-referred
to Com. on RLS.
Watch
SB 615 (Allen)
Solid Waste:
Lithium Vehicle
Batteries.
Would require electric vehicle manufacturers, dealers and other
parties to be responsible for making sure lithium-ion vehicle
batteries are recycled and repurposed at the end of their useful
life.
Watch
SB 707 (Newman)
Textile Recovery.
Would require textile producers to establish a stewardship program
for the collection and recycling of a covered textile product.Watch
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AB 50 (Wood)
Energy Utility
Communication.
This measure aims to address situation delays with connecting
projects to the grid, including housing projects.
Status: 3/23/2023-
Referred to Com. on
U. & E. From
committee chair, with
author's amendments:
Amend, and re-refer
to Com. on U. & E.
Read second time and
amended.
Watch
AB 698 (Essayli)
Gas Stoves.
Would prohibit state agencies and local governments directly or
indirectly prohibiting the use of gas stoves in residential and
nonresidential buildings.
Status: 3/13/2023-Re-
referred to Com. on U.
& E.
Watch
AB 1132
(Freidman) Solar
Permit Fees.
Would extend to 2034 the current limit on permit fees that a city or
county may charge for a residential and commercial solar energy
system.
Status: 3/2/2023-
Referred to Com. on
L. GOV.
Watch
Page 9 of 21
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SB 272 (Laird) Sea
Level Rise
Planning.
Would require local governments in coastal areas to implement
sea level rise planning and adaptation by 2034. Would also require
the California Coastal Commission and the San Francisco Bay
Conservation and Development Commission to establish guidelines
for the preparation of that planning and adaptation by 2024.
Status: 3/7/2023-Set
for hearing March 28.Watch
AB 1567 (E.
Garcia), SB 638
(Eggman), and SB
867 (Allen)
Would collectively propose $20 billion in bonds for safe drinking
water, wildfire prevention, drought preparation, flood protection,
and extreme heat mitigation.
Status: 3/9/2023-
Referred to Coms. on
W., P., & W. and NAT.
RES.
Watch
SB 69 (Cortese)
CEQA Document
Requests.
Would require local agencies to provide any subsequent revised or
amended copy of CEQA documents upon request by mail or email
and to submit the documents to the state clearinghouse. Would toll
the statutes of limitation periods for each document request.
Status: 3/21/2023-Set
for hearing April 11.Watch
AB 1000 (Reyes)
Warehouses:
Sensitive
Receptors.
Would intend to require minimum setbacks from sensitive receptors
and additional requirements when siting logistics centers,
warehouses, and related infrastructure.
Status: 2/16/2023-
From printer. May be
heard in committee
March 18.
Watch
AB 460 (Bauer-
Kahan) State
Water Board
Authority.
Would authorize the State Water Resources Control Board to fine
$10,000 for each day in which a violation occurs and $5,000 for
each acre-foot of water diverted in violation of an interim relief
order.
Status: 2/17/2023-
Referred to Coms. on
W., P., & W. and JUD.
Watch
SB 4 (Wiener)
Planning and
Zoning: Housing
Development:
Higher
Education
Institutions and
Religious
Institutions.
Would require that a housing development project be a use by right on
any land owned by an independent institution of higher education or
religious institution on or before January 1, 2024.
Status: 3/22/2023-
From committee: Do
pass and re-refer to
Com. on GOV. & F.
(Ayes 9. Noes 1.)
(March 21). Re-
referred to Com. on
GOV. & F.
Watch
Housing
Page 10 of 21
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SB 423 (Wiener)
Streamlined
Housing
Approvals:
Multifamily
Housing
Developments.
Would modify and expand SB 35 provisions that allow certain
multifamily housing developments to take advantage of a streamlined,
ministerial approval process. Specifically, this measure would:
• Remove the 2026 sunset and makes the statutes permanent.
• Apply SB 35 provisions to the Coastal Zone.
• Allow the state to approve housing developments on property they
own or lease.
• Prohibit a city from enforcing its inclusionary housing ordinance if the
income limits are higher than those in SB 35.
Status: 3/22/2023-
From committee: Do
pass and re-refer to
Com. on GOV. & F.
(Ayes 9. Noes 1.)
(March 21). Re-
referred to Com. on
GOV. & F.
Watch
AB 1490 (Lee)
Affordable
Housing
Development
Projects: Adaptive
Reuse.
Would require a city or county to provide, to a 100% affordable housing
project, the following:
• Approving all entitlements and permits within 30 days or less.
• Waiving local building and permit fees.
• Low-income utility rates shall be available.
• No minimum floor area ratio.
• No additional parking requirements.
• Local affordable housing funds shall include adaptive reuse as an
eligible project.
Status: 3/9/2023-
Referred to Coms. on
H. & C.D. and L. GOV.
Watch
AB 1532 (Haney)
Office Conversion
Projects.
Would make an office conversion project a use by right in all areas of a
city regardless of zoning. Would exempt these projects from impact
fees that are not directly related to the conversion of an office building
into residential dwelling units. Additionally, a city would be required to
allow the developer to pay applicable impact fees over a 10-year
period.
Status: 3/23/2023-
Referred to Coms. on
H. & C.D. and NAT.
RES.
Watch
AB 1630 (Garcia)
Housing
Development
Approvals:
Student Housing
Projects.
This measure would:
• Prohibit a city or county from prohibiting a dormitory on any real
property located within 1/2 mile of a university campus.
• Require a city or county to classify student housing as a permitted use
on all real property within 1/2 mile of a university campus for zoning
purposes.
• Require a proposed student housing project to be considered
ministerially, without discretionary review or a hearing.
Status: 3/22/2023-Re-
referred to Com. on H.
& C.D.
Watch
AB 480 (Ting)
Surplus Land
AB 480 makes various changes to the Surplus Land Act regarding the disposal
process, HCD’s authority, and penalties for violations.
Current Status:
3/15/23 Re-referred to
Com. on L. GOV.
Watch
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SB 747 (Caballero)
Land Use:
Economic
Development,
surplus land
This bill makes changes to the Surplus Land Act (SLA) by addressing substantive
issues with the SLA as it exists today, and reaffirms the role of the Economic
Opportunity Law when local agencies dispose of property.
Current Status:
3/22/23 From
committee with
author's amendments.
Read second time and
amended. Re-referred
to Com. on GOV. & F.
Watch
AB 519 (Schiavo)
Affordable
Housing:
Consolidated
Funding
Application
Process.
Would require the Department of Housing and Community
Development, by July 1, 2024, to establish a workgroup to develop a
consolidated application for the purposes of obtaining grants, loans,
tax credits, credit enhancement, and other types of financing for
building affordable housing, and developing a coordinated review
process for the application.
Status: 2/17/2023-
Referred to Com. on
H. & C.D.
Watch
AB 1657 (Wicks)
The Affordable
Housing Bond Act
of 2024.
Would enact The Affordable Housing Bond Act of 2024, which, if
adopted, would authorize the issuance of bonds in the yet-todetermined
amount pursuant to the State General Obligation Bond
Law. Proceeds from the sale of these bonds would be used to finance
programs to fund affordable rental housing and homeownership
programs.
Status: 3/9/2023-
Referred to Com. on
H. & C.D.
Watch
SB 834
(Portantino)
Housing:
California Family
Home
Construction and
Homeownership
Bond Act of 2023.
Would enact the California Family Home Construction and
Homeownership Bond Act of 2023, which, if adopted, would authorize
the issuance of bonds in the amount of $25 billion pursuant to the State
General Obligation Bond Law to finance the California Family Home
Construction and Homeownership Program.
Status: 3/16/2023-
March 21 hearing
postponed by
committee.
Watch
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ACA 1 (Aguiar-
Curry) Local
Government
Financing:
Affordable
Housing
and Public
Infrastructure:
Voter Approval.
Would authorize a local government to impose, extend, or increase a
sales and use tax or transactions and use tax for the purposes of
funding the construction, rehabilitation, or replacement of public
infrastructure, affordable housing, or permanent supportive housing if
the proposition proposing that tax is approved by 55% of its voters
voting on the proposition.
Status: 12/6/2022-
From printer. May be
heard in committee
January 5.
Watch
ACA 10 (Haney)
Fundamental
Human Right to
Housing.
Would declare that the state recognizes the fundamental human right
to adequate housing for everyone in California. Would make it the
shared obligation of state and local jurisdictions to respect, protect,
and fulfill this right by all appropriate means.
Status: 3/7/2023-From
printer. May be heard
in committee April 6.
Watch
AB 6 and AB 7
(Friedman)
Transportation
Planning.
Would prioritize transportation funding that significantly contribute
towards the goals outlined in a region’s sustainable communities'
strategy.
Status: 3/20/2023-Re-
referred to Com. on
TRANS.
Watch
AB 744 (Carrillo)
Transportation
Planning.
Would authorize the California Transportation Commission to
establish best practices for use of data in transportation planning
and to identify data elements that should be made available to
state and local agencies for transportation planning.
Status: 3/21/2023-
Coauthors revised.
From committee: Do
pass and re-refer to
Com. on APPR. with
recommendation: To
Consent Calendar.
(Ayes 15. Noes 0.)
(March 20). Re-
referred to Com. on
APPR.
Watch
Transportation
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AB 316 (Aguiar-
Curry)
Transportation:
Autonomous
Vehicles.
Would prohibit the operation of an autonomous vehicle with a
gross vehicle weight of 10,000 pounds or more on public roads for
testing purposes, transporting goods, or transporting passengers
without a human safety operator physically present in the
autonomous vehicle at the time of operation.
Status: 3/14/2023-
Coauthors revised.
From committee: Do
pass and re-refer to
Com. on C. & C.
(Ayes 12. Noes 0.)
(March 13). Re-
referred to Com. on C.
& C.
Watch
SB 30 (Umberg)
Transportation:
Zero-Emission
Vehicle Signage.
Would develop and design light-duty zero-emission vehicle
charging and fueling station signage to be placed along state
highways based on charger or fueling type and vehicle
compatibility.
Status: 3/8/2023-Re-
referred to Com. on
TRANS.
Watch
AB 1504
(McCarthy)
Planning: Electric
Vehicle Charing
Stations.
Would provide that “electric vehicle charging station” includes
electric vehicle charging stations installed in the public right-ofway
and electric vehicle charging stations installed with a battery
storage system.
Status: 3/9/2023-
Referred to Com. on
L. GOV.
Watch
AB 415
(Rodriguez)
Emergency
Fairgrounds
Communications.
Would establish a grant program to provide fairgrounds with
grant funding for the purpose of building and upgrading
communication and internet infrastructure on fairgrounds
Status: 3/14/2023-
From committee: Do
pass and re-refer to
Com. on C. & C. with
recommendation: To
Consent Calendar.
(Ayes 7. Noes 0.)
(March 13). Re-
referred to Com. on C.
& C.
Watch
AB 1637 (Irwin)
Website Domains.
Would state the intent to require a local jurisdiction to adopt a
“.gov” domain by 2025.
Status: 3/20/2023-Re-
referred to Com. on L.
GOV.
Watch
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AB 400 (Rubio)
Public Contracts:
Design Build.
Would remove the January 1, 2025 sunset for local agencies to
use design build on specified projects thereby making the
authority permanent.
Status: 2/9/2023-
Referred to Com. on
L. GOV.
Watch
SB 706 (Caballero)
Public Contracts:
Progressive
Design Build.
Would authorize all cities, counties, city and counties, or special
districts to use the progressive design-build process for other
projects in addition to water-related projects, and would remove
the project cap.
Status: 3/21/2023-
From committee with
author's amendments.
Read second time and
amended. Re-referred
to Com. on GOV. & F.
Watch
AB 334 (Rubio)
Public Contracts:
Conflict of
Interests.
Would establish that an independent contractor, who meets
specified requirements, is not an officer for purposes of being
subject to the prohibition on being financially interested in a
contract.
Status: 3/16/2023-In
committee: Set, first
hearing. Hearing
canceled at the
request of author.
Watch
AB 735 (Berman)
Workforce
Development:
Utility Careers.
Would establish the High Road Utility Careers program, to be
administered by the California Workforce Development Board, to
connect existing resources with young individuals interested in
careers in the utility sector and ensure a continued reliable
workforce for California utilities.
Status: 2/23/2023-
Referred to Com. on
L. & E.
Watch
AB 52 (Grayson)
Sales and Use Tax
Law:
Manufacturing
Equipment:
Research and
Development
Equipment.
This measure states the intent of the Legislature to expand the sales
and use tax exemption for manufacturing and research and
development equipment.
Status: 3/20/2023-Re-
referred to Com. on
REV. & TAX.
Watch
Taxes
Page 15 of 21
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AB 1203 (Bains)
Sales and Use
Taxes:
Exemptions:
Breast Pumps and
Related Supplies.
Would exempt from the California sales and use tax the gross
receipts for the sale of breast pumps, breast pump collection and
storage supplies, breast pump kits, and breast pads. This exemption
would apply on or after January 1, 2024, and ends January 1, 2029.
Status: 3/21/2023-In
committee: Set, first
hearing. Hearing
canceled at the
request of author.
Watch
AB 1249 (Ta) Sales
and Use Taxes:
Exemption: Tax
Holiday: School
Supplies.
Would exempt from sales and use taxes the gross receipts from the
sale of qualified school supplies for the two-day period beginning
at 12:01 a.m. on the third Saturday of July annually and ending at
11:59 p.m. on the following day. This exemption would apply on or
after January 1, 2024, and ends January 1, 2029
Status: 3/21/2023-In
committee: Set, first
hearing. Hearing
canceled at the
request of author.
Watch
AB 84 (Ward)
Property Tax:
Welfare
Exemption:
Affordable
Housing.
Would expand eligibility for exemptions from property taxes for
affordable rental housing (e.g., “welfare exemptions”). Specifically,
would expand this partial exemption to property acquired,
rehabilitated, developed, or operated, or any combination of
these factors, with financing from qualified 501(c)(3) bonds
Status: 3/8/2023-Re-
referred to Com. on H.
& C.D.
Watch
AB 1492 (Alvarez)
Taxation: Welfare
Exemption.
This measure states the intent of the Legislature to enact legislation
that would expand the welfare tax exemption for housing
developments.
Status: 3/23/2023-
Referred to Coms. on
REV. & TAX. and H. &
C.D. From committee
chair, with author's
amendments: Amend,
and re-refer to Com.
on REV. & TAX. Read
second time and
amended.
Watch
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AB 362 (Lee) Real
Property Taxation:
Land Value
Taxation Study.
Would require the California Department of Tax and Fee
Administration to conduct or commission a study on the efficacy of
a statewide land value taxation system as an alternative to the
current appraisal methods utilized for real property taxation. Would
require the study to be provided to the Legislature by
January 1, 2025.
Status: 2/9/2023-
Referred to Com. on
REV. & TAX.
Watch
SB 532 (Wiener)
Ballot Measures:
Local Taxes.
Would change the requirements for statements included on local
ballots regarding the purpose of the measures that are being
voted on. For measures that increase a tax with more than one
rate or authorizes bonds, this measure would require that local
ballots include the statement “see voter guide for measure
information statement.”
Status: 3/23/2023-Set
for hearing April 12.Watch
SB 721 (Becker)
Special Taxes:
Vacant Land.
Would amend the California Government Code to specify that
taxes levied on vacant sites by a city, county, or special district are
a special tax, for parcels identified in a city’s housing element
inventory
Status: 3/23/2023-
Withdrawn from
committee. Re-
referred to Com. on
RLS.
Watch
AB 972
(Maienschein)
Uniform
Procedures for
Local Assistance
and
Climate Resiliency
Grant Programs.
Would coordinate, align, and streamline local government
assistance resources by convening a statewide, cross-agency
Local Assistance and Grant Program Streamlining Workgroup no
later than April 2024.
Status: 3/23/2023-
Referred to Com. on
L. GOV. From
committee chair, with
author's amendments:
Amend, and re-refer
to Com. on L. GOV.
Read second time and
amended.
Watch
SB 252 (Gonzalez)
Public Retirement
Systems: Fossil
Fuels:
Divestment.
Would require CalPERS to divest from fossil fuels by 2030.Status: 3/21/2023-Set
for hearing April 12.Watch
Governance and Labor
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AB 1484 (Zbur)
Temporary Public
Employees.
Would require temporary employees to be automatically
included in the same bargaining unit as the permanent
employees upon the request of the recognized employee
organization.
Status: 3/9/2023-
Referred to Com. on
P.E. & R.
Watch
SB 399 (Wahab)
Employer
Communications:
Intimidation.
Would prohibit an employer from requiring its employees to
attend an employer-sponsored meeting or participate in any
communications with the employer, the purpose of which is to
communicate the employer’s opinion about religious matters,
political matters.
Status: 3/21/2023-Set
for hearing April 12.Watch
SB 751 (Padilla)
Franchise
Agreements:
Labor Impasse.
Would prohibit a city, county, or city and county from entering an
exclusive franchise agreement for services on or after
January 1, 2024, or an agreement amended on or after that
date, that contains a force majeure provision that can be
triggered by a labor impasse.
Status: 3/21/2023-Set
for hearing April 12.Watch
AB 504 (Reyes)
State And Local
Public Employees:
Labor
Relations:
Disputes.
Would allow local public employees to refuse to enter property
that is the site of a primary labor dispute, perform work for an
employer involved in a primary labor dispute, or go through or
work behind a primary picket line. Would prohibit an employer
from directing an employee to take those actions.
Status: 3/14/2023-Re-
referred to Com. on
P.E. & R.
Watch
AB 597
(Rodriguez)
Workers’
Compensation:
First Responders:
Post-traumatic
Stress.
Would substantially expand California’s current workers’
compensation presumption for Post Traumatic Stress Disorder
(PTSD) to emergency medical technicians (EMT) and paramedics.
Status: 2/27/2023-Re-
referred to Com. on
INS.
Watch
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AB 453
(Cervantes)
District-based
Elections.
Would require a public hearing concerning district-based
elections that is consolidated with a meeting of the governing
body include other substantive agenda items, to begin at a fixed
time.
Status: 3/15/2023-
From committee: Do
pass and re-refer to
Com. on L. GOV. with
recommendation: To
Consent Calendar.
(Ayes 8. Noes 0.)
(March 15). Re-
referred to Com. on L.
GOV.
Watch
AB 764 (Bryan)
Elections: City
And County
Redistricting.
This measures states the intent of the Legislature to add new to
add new requirements to the Fair Maps Acts.
Status: 3/23/2023-
Referred to Coms. on
ELECTIONS and L.
GOV. From committee
chair, with author's
amendments: Amend,
and re-refer to Com.
on ELECTIONS. Read
second time and
amended.
Watch
AB 1248 (Bryan)
Local
Redistricting:
Independent
Redistricting
Commissions.
Would require independent redistricting commissions for cities
over 300,000 in population.
Status: 3/2/2023-
Referred to Coms. on
ELECTIONS and L.
GOV.
Watch
AB 817 (Pacheco)
Local
Government: Open
Meetings.
Would allow non-decision-making legislative bodies currently
governed by the Brown Act, such as advisory bodies and
commissions, to participate in two-way virtual teleconferencing
without posting their physical location.
Status: 3/20/2023-Re-
referred to Com. on L.
GOV.
Watch
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AB 557 (Hart)
Open Meetings:
Local Agencies:
Teleconferences.
Would allow cities to meet remotely during proclaimed states of
emergency under modified Brown Act requirements. Would also
provide greater flexibility for agencies that meet on a fixed date
every month by extending the AB 361 renewal period to 45 days.
Status: 2/17/2023-
Referred to Com. on
L. GOV.
Watch
SB 730
(Lowenthal)
California Public
Records Act:
Public Agency
Employees: Notice
Requirements:
Personnel And
Medical
Information.
Would require a city to promptly provide an employee with
written notice of a request to disclose a record related to
personnel, medical, or similar information of that employee.
Would also require the agency, before disclosing, to provide not
less than 21 days’ written notice to the employee of its intent to
disclose.
Status: 3/13/2023-Set
for hearing April 17.Watch
SB 251 (Newman)
Political Reform
Act of 1974:
Elected Officers:
Conflicts of
Interest.
Would prohibit an elected officer from employment by any other
elected officer with the same constituency, except if the elected
officer first began their employment by the other officer with the
same constituency on or before December 31, 2023.
Status: 3/8/2023-From
committee with
author's amendments.
Read second time and
amended. Re-referred
to Com. on E. & C.A.
Watch
37 (Bonta) Political
Reform Act of
1974: Campaign
Funds:
Security
Expenses.
Would expand the ability for officials to expend campaign funds
for security expenses.
Status: 1/26/2023-
Referred to Com. on
ELECTIONS.
Watch
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SB 769 (Gonzalez)
Local
Government:
Fiscal and
Financial
Training.
Would require local officials to have two hours of fiscal training
every two years
Status: 3/21/2023-Set
for hearing April 12.Watch
SB 329 (Dodd)
Cities: City
Council Members:
Compensation.
Would allow general law cities to increase the council member
salaries to reflect inflation
Status: 2/15/2023-
Referred to Com. on
GOV. & F.
Watch
Page 21 of 21
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CITY OF TUSTIN
2023 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 2023 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 2023 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
I. 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.
II. 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
10. Support efforts to provide local legislative bodies with additional flexibilities regarding
remote meetings and Ralph M. Brown Act requirements.
11. Oppose policies that would increase the voter threshold for local revenue measures or would
increase the potential for litigation over local taxes and fees.
12. Oppose efforts to de-localize the redistricting process.
Economic Development
13. Support international, statewide, regional, and local efforts to attract, retain and provide
resources for current and future commercial and industrial businesses.
14. 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.
15. Support economic development initiatives that preserve and enhance a positive business
climate and maintain and grow the business tax base.
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16. 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
17. 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.
18. Oppose legislation, proposals, or regulations that penalize local governments for
noncompliance with their housing element or regional housing needs assessment
requirements.
19. Support efforts to provide flexibility to local governments as well as resources for local
governments to allow them to submit compliant housing elements and complete the
required rezoning.
20. 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.
21. Monitor local, state, and federal actions related to medical and recreational marijuana
regulatory changes.
22. Support local control over the licensure and regulation of alcoholism or drug abuse
recovery or treatment facilities.
23. Oppose legislation that would erode local control over City owned property, including
Tustin Legacy and Pacific Center East.
24. Support proposals that provide funding or tools to preserve historic neighborhoods and
structures.
25. Oppose proposals that increase requirements and place undue burdens on the City with
regard to the Surplus Land Act and Tustin Legacy.
26. 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
27. 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.
28. Support efforts that strengthen policies to fund parks, open space acquisitions, bike lanes,
and active transportation opportunities.
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29. Promote local agency control over policies that recognize the benefits of parks and
recreation facilities.
30. Support efforts to increase funding, accessibility and programs for seniors.
Public Works
31. Support increased state and federal funding of transportation improvements with regional
or sub-regional benefits for all modes of transportation.
32. Support protection of dedicated transportation-related tax revenues and enhance the
ability of local agencies to finance local transportation programs and facilities.
33. Support all efforts to create efficiencies within CEQA.
34. Support measures and reforms which streamline the CEQA process for the development
of housing and mixed-use infill projects that support transit.
35. Support legislation that allows local governments to continue to retain full authority to
reject projects or to condition project approvals and impose mitigation measures.
36. Support efforts to facilitate public private partnerships to complete development projects.
37. Oppose efforts to remove City representation on regional boards that oversee water,
drainage and/or sewage.
38. Support efforts that fund broadband infrastructure.
39. 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
40. 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.
41. Support the enhancement of a reliable and sustainable water supply for California as well
as measures that improve water quality in the region.
42. Monitor the development of a state framework for long term water conservation measures.
43. Support policy development, funding and research for water conservation, addressing
urban runoff and beach closures and required programs associated with OC NPDES
permits.
44. Support efforts to address long term water resiliency and affordability without
implementing a statewide water tax.
45. Oppose efforts that restrict or eliminate local permitting and enforcement of water quality
measures.
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46. Oppose efforts that unilaterally reduces the indoor water use standards without the input
of local and regional stakeholders.
Human Resources and Risk Management
47. Oppose measures that reduce local control over employee relations issues or mandate
new or enhanced local government employee benefits.
48. 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.
49. Oppose redundant or unnecessary proposals that require excessive human resources
burdens without sufficient reimbursement.
Public Safety
50. Support measures that encourage community safety and well-being including those which
support state and federal reimbursement of homeland security related expenses.
51. Oppose legislation that places burdensome restrictions on law enforcement and limits their
ability to protect public safety.
52. Oppose legislative attempts at early release of incarcerated prisoners and measures that
would further de-criminalize non-violent offenses.
53. Support funding for local mitigation related to Proposition 47 and Proposition 57
54. Support initiatives involving county, state, and federal governments to reduce and prevent
homelessness in Orange County.
55. Support measures that provide funding and local resources for wildfire fire prevention,
suppression, and mitigation.
56. Support local control over adult entertainment facilities, alcohol establishments and
properties where illegal drugs are sold.
57. 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.
58. Support legislation increasing resources and local authority for abatement of public
vandalism, especially graffiti.
59. Support regional and state proposals to increase funding for locally operated homeless
shelters.
60. Oppose efforts to limit the City’s ability to enforce parking rules and regulations and
recover the costs of doing so.
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61. Support efforts that adds de-energization to the list of conditions that constitutes a state
and local emergency.
62. Oppose efforts that changes the certification framework for public safety personnel and
subjecting the City to additional litigation.
63. Support efforts to address loud noise vehicles by providing public safety officers with
resources to enforce state laws and local ordinances.
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