HomeMy WebLinkAbout04 LEGISLATIVE UPDATEAgenda Item _______ Reviewed: City Manager _______ Finance Director _______ MEETING DATE: SEPTEMBER 19, 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 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023. 2.Take an OPPOSE UNLESS AMENDED position on AB 825 (Bryan) Vehicles: bicycles on sidewalks. 3.Receive and file the updated legislative matrix as of September 8. 4.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 August 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. AGENDA REPORT 4 N/A DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 Agenda Report – Legislative Update September 19, 2023 Page 2 AB 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023. - Summary: Authorizes $4,680,000,000 in bonds to finance grants for the construction and capital acquisition of community-based treatment settings, residential care settings, and housing for individuals who are experiencing homelessness or are at risk of homelessness and are living with a behavioral health challenge. Creates a by right approval process for adult substance use disorder residential programs and recovery housing located in in multifamily residential use zones. - Recommended Position: Oppose Unless Amended AB 825 (Bryan) Vehicles: bicycles on sidewalks. - Summary: Prohibits a local government from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway corridor that does not include a Class I, II, or IV bikeway, unless the local government passes specific ordinances restricting these activities under hyper-specified circumstances. - Recommended Position: Oppose Unless Amended Legislative Tracking Matrix Attached is a legislative tracking matrix as of August 4 that tracks bills of interest. Attachments: - TPA August 2023 update - Draft AB 531 letter - Draft AB 825 letter - Legislative Matrix as of September 8 - 2023 Legislative Platform DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 1 M E M O R A N D U M To: City of Tustin From: Townsend Public Affairs Date: September 8, 2023 Subject: August 2023 Monthly Report STATE UPDATES The first half of August was quiet on the state legislative front with the Legislature adjourned for Summer Recess. Despite the lack of legislative activity, the Summer Recess was a critical time for behind-the-scenes negotiations on bills and final budget activity as the Legislature geared up to tackle the last month of the legislative session. Upon resuming the legislative session on August 14, the Legislature had 1,231 measures to consider before adjourning for the Interim Recess on September 14. Below is an overview of state activity from the month of August. State Legislature During the last two weeks of August, Assembly and Senate Appropriations Committees considered legislation that originated in the opposite house and have an unabsorbable fiscal impact to the state. Typically, any bill with a fiscal impact exceeding $150,000 is placed on the fiscal committee’s Suspense File. Measures placed on the suspense file will face consideration during the Appropriation Committees’ “suspense hearing” on September 1. These hearings feature the rapid reading of measures and their status. Bills passed out of the Suspense File are moved to each House Floor for a final vote. At this point, each house must pass bills off the Floor by the September 14 deadline. Below is an overview of major legislative amendments in August: Bill Summary Amendments Location AB 825 (Bryan) prohibits a local authority from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway or corridor that does not include a Class I, Class II, or Class IV bikeway, until January 1, 2031. This bill was recently amended to delete provisions that require a person riding a bicycle upon a sidewalk to yield the right-of-way to pedestrians and to adhere to a 10- mile-per-hour speed limit, and added exemptions that allow a local authority to prohibit the operation of a bicycle on a sidewalk adjacent to a highway or corridor, under specific conditions. This measure is pending consideration on the Senate Floor. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 2 AB 1287 (Alvarez) requires a city, county, or city and county to grant additional density and concessions and incentives if an applicant agrees to include additional low- or moderate- income units on top of the maximum amount of units for lower, very-low, or moderate- income units. This bill was recently amended to add clarifying language for calculating additional density bonus for a housing development, that meets specific requirements. This measure is pending consideration on the Senate Floor. SB 229 (Umberg) requires a local agency to hold an open and public session to discuss its planned disposal of surplus land, if it has been notified by the Department of Housing and Community Development (HCD) that its proposed disposal is in violation of the Surplus Land Act (SLA). This bill was recently amended to clarify that the provisions of the bill are only triggered in cases when the local agency is disposing of surplus land by sale and exempts from its provisions a local agency that ceases to dispose of surplus land after receiving the notice of violation. This measure is pending consideration on the Assembly Floor. SB 326 (Eggman) Subject to voter approval on the March 5, 2024, primary election ballot, recasts the Mental Health Services Act (MHSA) as the Behavioral Health Services Act (BHSA) and modifies local and state spending priorities under the BHSA. Recent amendments added the requirement for the California State Auditor to provide a comprehensive report on the progress and effectiveness of the implementation of the Behavioral Health Services Act. This measure is pending consideration on the Assembly Floor. SB 423 (Wiener) extends the sunset, amends the labor standards, and makes other changes to SB 35 (Wiener, statutes of 2017), which streamlines housing production in jurisdictions that are not meeting RHNA benchmarks and/or do not have a compliant housing element. This bill was recently amended to include changes to coastal zone and fire severity zone multifamily housing development permits. The change in coastal zone permits will be implemented on or after January 1, 2025. Related to fire severity zone permits, the legislature will work with various State Departments to identify best practices for streamlining permits in fire severity zones. This measure is pending consideration on the Assembly Floor. SB 747 (Caballero) revises and recasts certain provisions related to exempt surplus land, including surplus land that is not contiguous to land owned by a state or local agency that is used for open space or low- and moderate- income housing Among clarifying definitions and deleted provisions, recent amendments state that a local agency is not required to make a declaration at a public meeting that land is exempt surplus land, and if the local agency prepares a notice that is published This measure is pending consideration on the Assembly Floor. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 3 purposes and meets specified conditions. and available for public comment and if the land meets certain criteria. SB 799 (Portantino) allows eligibility for unemployment benefits to employees in a trade dispute which have been on strike after two weeks. Additionally, employees who leave work due to a lockout by an employer anticipating a trade dispute are also eligible for unemployment benefits. This measure was ‘gut and amended’ into its current form. This measure passed the Assembly Insurance Committee on a 11-2 vote, and is scheduled for a hearing in the Assembly Appropriations Committee on September 7. Update on Behavioral Health Reform Package In August, the Senate Health Committee considered proposed changes to the Behavioral Health Reform Package, comprised of the Mental Health Services Act (MHSA) policy reforms contained within SB 326 (Eggman) and the bond proposal to support residential care facility construction contained within AB 531 (Irwin). SB 326 was amended in August to incorporate stakeholder amendments to allow counties greater flexibility in use of funds, among others, and was passed the Assembly Health Committee on a 11-0 vote, before being heard in the Assembly Housing and Community Development Committee on a 6-0 vote. An explanation of the package and its goals is outlined below. Under the current MHSA structure, at least 95% of revenues go directly to counties, who use the funding to support a variety of services for individuals with or at risk of mental illness. Currently, the MHSA establishes broad categories for how counties can spend the funding: Community Services and Supports (CSS), which funds direct service provision; Prevention and Early Intervention (PEI), which funds services that prevent mental illness before it becomes severe; and Innovation, which encourages counties to experiment with new approaches to addressing mental illness. Generally, the MHSA already allows money to be used for substance use disorders, which is a mental health condition. However, in the proposed revamp contained within SB 326, the proposal would explicitly permit counties to fund services for those with substance use disorders and not have to document that the person has a primary mental health condition. Other major transformations include a dedicated funding stream to bolster the public mental health system workforce and expand the allowable uses of those funds, such as for recruiting and retaining the current workforce, which consistently seeks opportunities in the private sector, and training. The proposal also places a strong focus on maximizing other funding streams, particularly drawing down federal dollars as a match for BHSA funds and ensuring that private insurance companies reimburse counties for the services they are responsible for providing. Other proposed changes include: • Restructuring local categorical funding buckets: The MHSA currently requires counties to allocate approximately 20% to prevention and early intervention, 80% to community services and supports, and 5% of those total funds for Innovative programs. The New “Behavioral Health Services Act (BHSA)” as reimagined within SB 326 would eliminate the separate DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 4 prevention and early intervention and Innovative funding buckets and restructure other funding to the following: o 30% for housing interventions for individuals with serious mental illness and/or a substance use disorder. Counties will need to convene with local stakeholders to direct funds toward programs such as, rental subsidies, operating subsidies, capital investments, and nonfederal share for transitional rent. Half of these funds must be used for housing interventions for individuals who are chronically homeless with a focus on those in encampments. o 35% for Full-Service Partnerships (FSPs) to be optimized to leverage Medicaid as much as is allowable. FSPs engage individuals with acute mental and emotional disturbances with intensive, team-based, services in the community with a low staff- to-consumer ratio. This funding bucket will service the state’s most serious mental health needs. o 30% for behavioral health services and supports, including early intervention, capital facilities and technological needs, workforce education and training, and innovative pilot programs. A majority of these funds must be spent on Early Intervention. This funding restructure is one of the most controversial for some stakeholders because it lumps prevention and early intervention and Innovative programs into one bucket with other categories, and no longer requires counties (only permits them) to provide prevention and early intervention services or pilot Innovative programs. o 5% for population-based prevention for mental health and substance use disorder programming. Counties may pilot and test behavioral health models of care programs, community-defined practices, or promising practices for the programs specified in all the above. The goal is to build the evidence base for the effectiveness of new statewide strategies to implement an equitable behavioral system. • Broadening the target population: Recent amendments authorize BHSA funding to provide treatment and services to individuals who have a debilitating substance use disorder but do not have a co-occurring mental health disorder and increase access to services for individuals with moderate and severe substance disorders. • More workforce development and supportive funds: The BHSA expands the use of local funds for Workforce Education and Training programs to include workforce recruitment, development, training, and retention; professional licensing and/or certification testing and fees; loan repayment; retention incentives and stipends; internship and apprenticeship programs; continuing education; and efforts to increase the diversity of the behavioral health workforce in the public system. • Most vulnerable populations prioritized: The BHSA includes language for counties to focus on adults with serious mental illness or substance use disorders and who are at risk of experiencing homelessness or who are at risk of being institutionalized. This is likely to streamline services for individuals with more acute needs. Some counties are concerned that the BHSA proposal will have the unintentional result of dramatically reducing the level of funding currently being spent on core mental health services, particularly funding for outpatient, crisis, and recovery services, which will destabilize outcomes DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 5 for the vulnerable populations served through the county behavioral health safety net. They also argue that the addition of substance use disorders will further limit the availability of funding that is used to support county mental health services programs. Additional amendments are likely to be introduced in the coming days/weeks. The Governor continues to signal this package as his top priority, with the goal of placing it on the March 2024 primary ballot for voter consideration. Constitutional Amendment on Local Tax Measure Update ACA 13 (Ward) passed the Assembly Elections Committee in mid-August on a 5-2 vote and progresses to the Assembly Appropriations Committee. The measure requires an initiative constitutional amendment to comply with any increased voter approval threshold that it seeks to impose on future ballot measures. Additionally, the measure guarantees in the state constitution the ability of local governments to submit advisory questions to voters. This measure was introduced in response to the Taxpayer Protection and Government Accountability Act, which seeks to raise vote threshold requirements for the passage of state and local tax measures and imposes a stringent burden of proof standard that local governing bodies must meet when modifying or increasing all taxes and fees by justifying their use, need, and duration. The measure has qualified for the November 2024 ballot and is sponsored by the California Business Roundtable and its affiliates. If effectively passed, it would make it extremely difficult for local governments to maintain existing tax revenues and modify them in the future. During the hearing, members debated the potential impacts of the measure. Lead opponent of the measure, the Howard Jarvis Taxpayers Association, argued that the measure would have impacted the feasibility of passing the Taxpayer Protection Act, and thus, would impact the feasibility of raising the voter threshold for local citizen initiative special taxes to a two-thirds vote, which was overturned and reinstated to be a simple majority vote by the Courts in the recent Upland decision. Ultimately, the Author noted that this measure does not impact current tax rates, nor would it impact thresholds already established under Propositions 13 and 218, and that similar initiatives have already been implemented in other areas like the state of Oregon with little unintended consequences. Further, the Author noted that the measure is not meant to be interpreted to apply to all changes to voter approval thresholds, just measures that seek to increase voter approval thresholds above a simple majority. The Author and proponents of this measure have made it clear that they intend to qualify this proposed constitutional amendment for the March primary election in order for it to impact the required voter approval threshold for the Taxpayer Protection and Government Accountability Act. Senator Mike McGuire announced as Pro Tem Designee During the last week of August, Senate President pro Tempore Toni G. Atkins announced that the Senate Democratic Caucus convened and determined that Senator Mike McGuire will be the Pro Tem Designee, with a transition to be announced next year. Senator McGuire has been integral to several legislative victories, including the 2022 climate package and the infrastructure streamlining package negotiated alongside this year’s state budget. It is anticipated that DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 6 leadership changes as well as new Committee seats will be announced next year after the Pro Tem transition. Due to term limits, Senator McGuire is eligible to serve as Senate President pro Tempore in the California Senate until 2026. Before getting elected to the Senate, in 2004, Senator McGuire was elected to the Healdsburg City Council, where he spent six years, including time as the City's youngest mayor. In 2010, he became a member of the Sonoma County Board of Supervisors, before being elected to the California State Senate in 2014, and has served as Majority Leader since 2022. Senator McGuire currently serves Senate District 2, which encompasses parts of Northwestern California, and includes Del Norte, Humboldt, Lake, Marin, Mendocino, and Trinity Counties, and a majority of Sonoma County. Court Stalls Another Housing Project on Noise Concerns In a mid-August ruling from the California Second District Court of Appeal, a judge ruled that a proposed 100 5-bedroom unit development near the University of Southern California would generate “significant noise impacts” and thus required careful study under the state’s signature environmental law. This is the second ruling this year wherein proposed housing developments were stalled by CEQA concerns surrounding a heightened potential for noise. In February, a state appellate court blocked a proposed housing development for some 1,100 UC Berkeley students, partly on the grounds that CEQA requires the university to study and mitigate the potential “noise impacts from loud student parties.” This recent case in Los Angeles has generated momentum for the passage of a bill to prohibit classification of “people as pollution” under CEQA. AB 1307 by Assembly Member Buffy Wicks, whose district includes Berkeley, would declare that noise from occupants of new housing does not create a “significant effect on the environment for residential projects” and therefore does not have to be considered in an agency’s environmental review of proposed housing construction. This measure passed both houses and is currently pending official enrollment to be presented to the Governor for his signature. In the interim, it appears both cases will seek to appeal these decisions to the Supreme Court. Supreme Court Upholds California Voting Rights Act In late August, the California Supreme Court issued a significant decision on the California Voting Rights Act (CVRA), which could impact the way many local governments hope to continue their at-large elections systems. The case, Pico Neighborhood Assoc. v. City of Santa Monica, originated when the Pico Neighborhood Association filed suit alleging that the City of Santa Monica's system of at-large voting to elect its City Council discriminated against Latinos. The trial court agreed and ordered the City to switch to district-based voting. The Court of Appeal reversed and entered judgment for the City, holding that the City violated neither the California Voting Rights Act nor the Constitution. In this case, the City noted that the plaintiff offered no valid proof of dilution in order to prove that the City's at-large method impaired Latinos' ability to elect candidates of their choice or to influence the outcome of an election as a DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 7 result of the dilution of Latino voting rights. Furthermore, the plaintiffs failed to prove that the City adopted or maintained its system for the purpose of discriminating against minorities. The appellate ruling essentially stated that even under the CVRA, a plaintiff would have to prove that the city could draw districts where the minority group could elect a candidate of choice. This would likely be a default to the federal “majority-minority” construction under the Federal Voting Rights Act, not the more nebulous “ability to influence” standard under the CVRA. Ultimately, it appears that this decision strengthens the CVRA by having the court invalidate one of the biggest arguments against it - that the “ability to influence” standard was unenforceable. While there isn’t a final decision in this particular case, this does create new case law which affirms the CVRA’s main tenants and finds that the CVRA is constitutional as a tool in fighting dilution of the voting power of minority populations. Unlike the argument from the City of Santa Monica, agencies do not need to demonstrate they can draw majority-minority districts, like in the federal Voting Rights Act, but just need to demonstrate that a minority population’s voting power is being diluted and that a combination of their increased density in a by-district system, along with other factors, can allow them to “influence” the outcome of an election better than the current at-large system. Clarification on Updates to Levine Act SB 1439 (Glazer, Statutes of 2022) went into effect earlier this year. The new law requires local elected officials to recuse themselves from votes and discussions involving anyone who has contributed more than $250 to their campaigns. The prohibition covers contributions made 12 months before and after the vote. A similar requirement already existed for officials appointed to local and state boards, but SB 1439 expanded California’s Political Reform Act to include most elected officials as well. The Fair Political Practices Commission (FPPC) subsequently issued clarifying actions to prohibit the measure from applying retroactively before its enactment. In response to its passage, a coalition of special interest groups filed a lawsuit alleging the law is overly broad, improperly alters the state’s Political Reform Act, and infringes on free speech protections related to the right to petition governments. The plaintiffs behind the lawsuit included the Family Business Association of California, California Restaurant Association, California Retailers Association, California Building Industry Association, California Business Properties Association, and the California Business Roundtable – all of which expressed their disappointment over the ruling. The Fair Political Practices Commission, the state agency tasked with implementing and enforcing the law, served as the defendant in the case and was represented by the California Attorney General’s Office. FPPC Chair Richard Miadich said the Commission has continued to work on establishing regulations to fully implement the law, despite the lawsuit, and plans to adopt those new rules in Summer of 2023. New clarification for the law’s application in local agency proceedings will go into effect on August 12, and include the following: • Individual Donations equal total donations: The regulations clarify that the threshold for recusal can be met through combining the aggregate donation amounts from one DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 8 individual to an elected official during a calendar year. This means that five separate donations of $50 throughout the year would trigger the law’s limitations. • Defining a “pending” proceeding item: The new clarifying regulations state that a “pending” proceeding includes an upcoming agenda item, or when a reasonably foreseeable decision will come before the official and the official knows or has reason to know the decision is within the jurisdiction of the agency. • Threshold for willful contribution awareness: The regulations further clarify that a “willful contribution” means any contribution that an official willfully or knowingly receives and has actual knowledge that the contribution came from someone with a connection to a pending proceeding or if specified facts exist. A contribution included in a campaign report does not meet these criteria unless the Official has context of its origins and connections to an upcoming proceeding. • Timelines for Disclosure: If an elected official did not know about a contribution made in connection to a proceeding and finds out during the proceeding, the official must publicly disclose the contribution before further participation. The official may participate if the official discloses the disqualifying contribution on the record, confirms that the contribution will be returned within 30 days of when the official knew or should have known about the contribution, and the contribution is returned within that time. • Needing a Quorum: In cases where the Levine Act would disqualify all or most members of a local agency from participating in a decision involving eminent domain, the new regulations clarify that the members may participate under these particular circumstances. However, the regulations warn that an absence is not a trigger for legally required participation in most instances. FEDERAL UPDATES Members of Congress spent the month of August enjoying the Congressional Recess in their Districts. Despite the lack of scheduled legislative activity, the month provided Congressional Leadership the opportunity to continue Fiscal Year 2024 Appropriations negotiations, given the fast approach of the September 30 budget deadline. In addition to the work on the appropriations front, the month of August featured notable action on priority grant programs for issues such as pedestrian safety, transportation, and clean energy. Below is an overview of pertinent federal actions from the month of August. FY 24 Appropriations Update During the August Recess, leadership in both chambers commented on the number one task at hand when session resumes in September: passing a budget. As the September 30 deadline to pass a budget is rapidly approaching, the need for a Continuing Resolution (CR) is expected to buy more time for congressional negotiators to work out a compromise. On a Republican Caucus conference call over the August break, Speaker McCarthy stated that he expects a short-term stopgap funding measure to avoid a shut down. In the call Speaker McCarthy stated that he has already discussed with Majority Leader Schumer that any short-term stopgap could not run beyond early December. Some members of the Republican Caucus have voiced DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 9 their opposition to a CR measure without being able to put their stamp on the measure, as the current budget was passed through a democratic majority congress. House Republicans passed their Military Construction-VA spending bill, one of the 12 annual funding measure, before leaving for August recess. McCarthy told members he wants more floor votes on appropriations bills in September but did not indicate which ones at this time. Senate Majority Leader Chuck Schumer indicated that he is supportive of passing a stop-gap spending bill in late September that lasts until early December, paving the way for a potential bipartisan agreement to avoid a government shutdown after September 30. Senate Majority Leader Schumer also endorsed the Biden Administration’s request for an additional $12 billion for Hawaii, in the wake of historic wildfires on the island of Maui. Although, he didn’t commit to putting those funds in the stopgap that has to pass by the end of September. Further complicating the dynamics of the budget process, is a provision included in the debt-limit deal enacted earlier this summer that will automatically cut all discretionary spending by 1% if Congress relies on a stopgap measure to fund any portion of the government beyond December 31. The House and Senate will return after the Labor Day holiday, just weeks before the fiscal year deadline. Senate Leadership Outlines Agenda for Fall 2024 As the August recess comes to a close, Senate Leader Chuck Schumer distributed a “Dear Colleagues” letter, which outlines the accomplishments thus far of the chamber, and previews the upcoming legislative achievements to be accomplished in the coming months. In the letter, Senate Leader Schumer reflected on the accomplishments of last summer's legislative session, which includes the Inflation Reduction Act (IRA). The IRA was passed to alleviate the costs of energy and healthcare for communities across the country. Senate Leader Schumer also stressed the importance of continued implementation of the large packages already passed including IRA, Bipartisan Infrastructure Law, and the CHIPS and Science Act, among others. Looking to immediately work on Senate priorities once session resumes in September, Senate Leader Schumer outlined the significance of averting a government shutdown. A government shutdown will be in effect if a budget agreement or a Continuing Resolution is not negotiated by September 30. Also on the Senate’s priority agenda is a series of confirmation votes which includes several judicial appointments. Senate Leader Schumer revealed a significant bipartisan initiative for September, which will be focused on artificial intelligence (AI) and announced the first of several AI Insight Forums on September 13. The AI Insight Forums aim to broaden Member’s understanding of AI by engaging experts from various fields related to AI technology. Senate Leader Schumer concluded the letter by emphasizing the urgency of crafting a comprehensive AI framework, given AI’s rapid evolution. Additional items on Senate Leader Schumer’s agenda for the remainder of the year include lowering drug costs, supporting cannabis banking, assisting Ukraine, disaster relief, and the National Defense Authorization Act. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 10 Escalating Government Shutdown Risk: Implications for Federal Reserve Policy, Economic Challenges, and U.S. Reputation The risk of a government shutdown intensified in Washington in August, while potentially complicating Federal Reserve policy decisions and amplifying Fitch Ratings' concerns about self- inflicted harm to the U.S. economy's global reputation. The unresolved conflicts over spending and social issues, as Congress exits the August recess, raises concerns about a potential shutdown when federal funding expires after September 30. Fitch recently downgraded U.S. debt's AAA status due to budget brinkmanship, leading Republicans to press President Joe Biden and Democrats for spending cuts. While the direct economic impact of a shutdown might be limited, it comes at a critical time, coinciding with the Fed's interest-rate decision in September. The shutdown's influence on key economic indicators and the potential effects on factors like student loan payments and the threat of a UAW strike against automakers add to the economic challenges facing the U.S. economy. NHTSA's Initiative for Safer Pedestrian Zones: A Comprehensive Approach The National Highway Traffic Safety Administration (NHTSA) has taken a significant step towards pedestrian safety with the release of two vital resources: the "Low-Cost Pedestrian Safety Zones: Countermeasure Selection Resource" and the "Low-Cost Pedestrian Safety Zones: An Eight-Step Handbook." These comprehensive tools work in tandem to shed light on the creation and execution of swift and economical countermeasures aimed at addressing pedestrian safety concerns. Central to these resources is the concept of pedestrian safety zones, defined as geographical areas within metropolitan regions that exhibit a higher frequency of crash incidents involving pedestrians. This approach enables targeted enhancements, ensuring a cost-effective and efficient allocation of resources. By identifying zones and understanding how crashes cluster based on various factors, such as crash type and pedestrian attributes, improvements can be strategically applied. The report delves into the specifics of deploying low-cost countermeasures within identified zones, guided by crash and risk profiles derived from data analysis. The selection process is driven by several key assumptions encompassing evidence, cost considerations, and planning and build times. This resource culminates with a comprehensive table showcasing the integration of engineering and behavioral countermeasures, illustrating how they can be harmoniously employed to create a robust framework of interventions within a specific zone. NHTSA's initiative underscores the agency's commitment to enhancing pedestrian safety through a holistic and strategic approach. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 September XX, 2023 The Honorable Jaqui Irwin 1021 O Street, Suite 8350 Sacramento, CA 95814 SUBJECT: AB 531 (Irwin) Notice of Opposition Unless Amended Dear Assembly Member Irwin: The City of Tustin (City) regrets to inform you of its oppose unless amended position on AB 531 which authorizes $4,680,000,000 in bonds to finance grants for the construction and capital acquisition of community-based treatment settings, residential care settings, and housing for individuals who are experiencing homelessness or are at risk of homelessness and are living with a behavioral health challenge, and also creates a by right approval process for adult substance use disorder residential programs and recovery housing located in in multifamily residential use zones. The City has adopted an oppose unless amended position to this bill in accordance with its 2023 Legislative Platform, Land Use Planning and Housing, policy statement 22: Support local control over the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities. While we agree that is long overdue that we modernize our approach to serving our fellow Californians who are most in need of the mental health care they deserve – we have serious concerns with the amendments taken on September 5 to create a by right approval process for adult substance use disorder residential programs and recovery housing located in in multifamily residential use zones. The residents that are receiving treatment from these recovery houses are members of our most vulnerable population. It is critical that the individuals receiving care in these facilities are set up for success with close management and regulations to ensure that these facilities are operating in the manner intended. If these facilities are not properly managed or regulated it can lead to severe issues for both the residents and for the surrounding community. We are concerned that a by right approach will allow these facilities to open anywhere in our community without appropriate oversight and will create serious challenges for the residents of the facilities as well as their neighbors. We are respectfully requesting that you remove the by right approval for adult substance use disorder residential programs and recovery housing in multifamily residential zones from AB 531. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9D49EAC2-FC45-48BC-B237-794566F2E640 September XX, 2023 The Honorable Isaac Bryan 1021 O Street, Suite 5630 Sacramento, CA 95814 SUBJECT: AB 825 (Bryan) Notice of Opposition Unless Amended Dear Assembly Member Irwin: The City of Tustin (City) regrets to inform you of its oppose unless amended position on AB 1082 which prohibits a local government from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway corridor that does not include a Class I, II, or IV bikeway, unless the local government passes specific ordinances restricting these activities under hyper-specified circumstances. The City has adopted an oppose unless amended position to this bill in accordance with its 2023 Legislative Platform, Local Governance, policy statement 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. While we are appreciative of recent amendments that allow for specific exemptions to this prohibition, like many cities in Orange County, sees significant concerns with how this bill would impact pedestrian safety, given the drastic rise in e-bike usage throughout the region. Sidewalks are not designed for high-speed travel, and the travel speed of a bicycle can often result in a decrease in visibility for cyclists by cars, potentially placing them in danger at intersections or driveways. Several studies have shown that crash and injury risks are higher to cyclists on bicycle paths that are shared with pedestrians than on paths that are separated or dedicated to cycles. Current law authorizes local jurisdictions to restrict bicycle use on sidewalks as they see fit, presumably in recognition of local differences in cycling and pedestrian culture and infrastructure that modifies the risk of the behavior. This bill takes the approach of removing that assessment from local jurisdictions and leaving the safety risk assessment up to individual cyclists. This becomes especially dangerous with the use of e-bikes that transcend the weight and speed capabilities of regular bicycles. Orange County has seen a drastic uptick in e-bike purchases and usage. In many cases, families purchase personal e-bikes for children, who use them as a primary means for getting to and from school and various activities. The City understands that investments into complete streets projects that prioritize pedestrian and bicyclist safety are vital in reducing emissions and promoting health DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 and well-being However, this undertaking requires significant planning and investments to ensure there is a clear bifurcation in infrastructure usage on busy roads and residential streets. Mothers pushing strollers should not be inches away from a massive, heavy e-bike with the ability to exceed speeds of 28 miles per hour with just a few pedals if they happen to be walking on a sidewalk along a corridor without a dedicated bike lane. This bill strips local authority over the regulation of sidewalk and pedestrian safety and proposes a one-size fits all approach to public safety regulations that are best suited for local input. Orange County harbors a disproportionate number of youth e-bike riders, who have a greater propensity to disobey traffic laws and cause public safety concerns. If effectively passed, the City, like many other cities throughout the state, would be tasked with deploying additional public safety oversight resources to these corridors that lack the appropriate bike lane infrastructure. For these reasons, the City remains opposed unless amended to address the concerns above. 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: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9/8/2023-Read third time and amended. Ordered to third reading. 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: 9/7/2023-Read third time and amended. Ordered to second reading. Status: 6/7/2023- Referred to Com. on PUB S. 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: 9/7/2023- Assembly Rule 69 suspended. Read third time and amended. Ordered to third reading. Watch City of Tustin Priority State Legislation Matrix Updated 9.11.23 2023 California State Legislative Session Community Services Page 1 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9/5/2023-Read second time. Ordered to third reading. 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: 9/8/2023-Read third time and amended. Ordered to second reading. Watch Page 2 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9/7/2023- Assembly Rule 77 suspended. (Ayes 62. Noes 15.) Watch Public Safety Page 3 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 6/21/2023- Read second time. Ordered to third reading. 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: 9/7/2023-Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 4.). In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77. Watch Environment Page 4 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 8/29/2023- Read second time. Ordered to third reading. Watch AB 1526 (Asm. Nat Resources) Solid Waste. Summary: Current law requires the Department of Conservation and the State Water Resources Control Board to provide to the fiscal and relevant policy committees of the Legislature an annual report regarding certain aspects of the implementation of the Underground Injection Control Program until October 1, 2024. This bill would make these provisions inoperative on October 1, 2029, and would repeal them as of January 1, 2030. Status: 9/8/2023-Read third time and amended. Ordered to second reading. Watch AB 50 (Wood) Energy Utility Communication. This measure aims to address situation delays with connecting projects to the grid, including housing projects. Status: 9/8/2023-Read third time and amended. Ordered to second reading. 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: 9/6/2023-Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.). In Assembly. Ordered to Engrossing and Enrolling. Watch Page 5 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9/7/2023- Assembly Rule 69 suspended. Read third time and amended. Ordered to third reading. 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: 6/14/2023- Referred to Coms. on N.R. & W. and GOV. & F. 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: 9/7/2023- Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. 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: 9/7/2023-Read third time. Passed. Ordered to the Senate. In Senate. Concurrence in Assembly amendments pending. Watch Housing Page 6 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9/7/2023-Read third time. Passed. Ordered to the Senate. In Senate. Concurrence in Assembly amendments pending. Oppose Unless Amended SB 34 (Umberg) Surplus land disposal: violations: Orange County. Prohibits Orange County, or any city located therein, from proceeding with a planned disposal of surplus land if it receives a notice of violation from the Department of Housing and Community Development and the violation is not corrected within 60 days. Status: 8/28/2023- Read second time. Ordered to third reading. Oppose Unless Amended AB 1505 (Rodriguez) Seismic retrofitting: soft story multifamily housing Would appropriate $250,000,000 from the General Fund to the California Residential Mitigation Program, as opposed to in the 2023-2024 Budget Act, for the purpose of implementing the Seismic Retrofitting Program for Soft Story Multifamily Housing. Status: 8/24/2023- From Consent Calendar. Ordered to third reading. Support 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: 9/5/2023-Read second time. Ordered to third reading. 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. Status: 9/8/2023-Read third time and amended. Ordered to second reading. Oppose Unless Amended Page 7 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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. Status: 9/8/2023-Read third time and amended. Ordered to third reading. 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: 9/8/2023- Ordered to special consent calendar. Watch Page 8 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9/7/2023- Referred to Com. on E. & C.A. Joint Rules 61 and 62(a) suspended. (Ayes 32. Noes 8.) 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: 6/7/2023- Coauthors revised. From committee: Be adopted, and re-refer to Com. on APPR. Re- referred. (Ayes 6. Noes 2.) (June 7). Re- referred to Com. on APPR. 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: 9/8/2023- Ordered to special consent calendar. Watch Transportation Page 9 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9/5/2023-Read second time. Ordered to third reading. Watch AB 1637 (Irwin) Website Domains. Would state the intent to require a local jurisdiction to adopt a “.gov” domain by 2025. Status: 9/5/2023-Read second time. Ordered to third reading. Watch 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: 9/5/2023- Enrolled and presented to the Governor at 3 p.m. 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: 9/7/2023- Enrolled and presented to the Governor at 4 p.m. 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: 9/5/2023- Enrolled and presented to the Governor at 3 p.m. Watch 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: 9/5/2023-Read second time. Ordered to third reading. 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: 9/8/2023- Ordered to special consent calendar. Watch Governance and Labor Taxes Page 10 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9/8/2023-Read third time and amended. Ordered to second reading. 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: 9/5/2023-Read second time. Ordered to third reading. 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: 9/7/2023-Read third time and amended. Ordered to second reading. 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: 9/7/2023-Read third time and amended. Ordered to second reading. Watch AB 1248 (Bryan) Local Redistricting: Independent Redistricting Commissions. Would require independent redistricting commissions for cities over 300,000 in population. Status: 9/7/2023-Read third time and amended. Ordered to second reading. Watch Page 11 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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: 9/7/2023-Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77. Watch AB 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: 9/1/2023-Read second time. Ordered to third reading. Watch Page 12 of 12 DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 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. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 2 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. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 3 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. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 4 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. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 5 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. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640 6 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. DocuSign Envelope ID: 9D49EAC2-FC45-48BC-B237-794566F2E640