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
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N/A
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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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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
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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
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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: 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
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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
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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
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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
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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: 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
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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: 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
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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.
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
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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: 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
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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: 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
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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: 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
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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: 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
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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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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.
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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.
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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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