Loading...
CM2018-088 SUMMARY OF LEGISLATIVE ACTIONtb gicksg /14 MEMORANDUM DATE: December 21, 2018 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: KONRADT BARTLAM, CITY MANAGER RE: SUMMARY OF LEGISLATIVE ACTION IN/ 018 CM2018-088 In compliance with Administrative Policy 5.2 Section 3.2.7, Legislative Program, adopted by the City Council on June 14, 2016, it is the responsibility of the Legislative Committee to report to the City Council regarding any actions taken by the Committee. The following table is a summary of all actions taken for the 2018 Calendar year. Bill Description League City Status Letter Position Position Sent n/a State Route (SR) -71/91 n/a Support Once funding 2-07-18 to Interchange Improvement Project is secured, RCTC - Riverside County Transportation construction Commission's (RCTC) 2018 is anticipated tSolutions for Congested Corridors J begin 0 i9 June 2019 Program (SCCP) grant application and be for the State Route (SR) -71/91 completed Interchange Improvement Project in December the City of Corona, Riverside 2022. County, near the border of Orange and San Bernardino counties. This project is significant due to the safety, air quality, and economic development benefits it will bring to the region and the State. n/a CPUC Resolution E-4907 -_Inland n/a Support 2-08-18 to Empire's Citizens Action Committee's the CPUC request California Public Utilities & Foothill Commission Resolution E-4907, Taxpayer which would publish and implement a Assoc registration process for Community Choice Aggregators. 1 CM 2018-088 Bill Description League City Status Letter Position Position Sent SB 827 Planning and Zoning — Density - Oppose Oppose Dead 2-08-18 (Wiener) Exempt certain housing projects from 8-17-18 locally developed and adopted height limitations, densities, parking requirements, and design review standards. SB 827 allows private for- profit housing developers and transit agencies to determine housing densities, parking requirements, and design review standards within one- half mile of a "major transit stop," or along a "high-quality transit corridor" which could be miles away from an actual bus stop. Under existing law, cities are already required to zone for densities at levels necessary to meet their entire RHNA. Additionally, SB 827 would provide developers a means to generate additional profits without any requirement to build affordable housing. AB 2050 Safe and Affordable Drinking Water Oppose Oppose Vetoed 3-26-18 (Caballero) Act Brown Administration Budget 9-28-18 Trailer Bill dated February 1, 2018 Oppose Unless Amended - Budget Trailer Bill seeks to establish the Safe and Affordable Drinking Water Fund to assist communities and individual domestic well owners who lack access to safe drinking water, particularly those in small, rural and disadvantaged communities. AB 3162 Alcoholism or drug abuse recovery Support Support Chaptered 3-26-18 (Friedman) or treatment facilities - Reform 9-26-18 outdated regulations for the licensing of residential drug and alcohol treatment facilities to enable authority for the Department of Health Care Services to ensure compliance with existing license laws 2 Bill Description SB 5 (deLeon) Proposition 68 Proposition 69 AB 238 (Steinorth) Proposition 68 - would authorize $4 billion in general obligation bonds to be placed on the June 2018 ballot entitled the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018. If the voters approve the proposition, local governments will receive funding for local park improvements and will be eligible for numerous grants to fund water, local parks, coastal and climate resiliency projects. Proposition 69 - This measure authorizes $4 billion in general obligation bonds for state and local parks, environmental protection projects, water infrastructure projects, and flood protection projects. Emeraencv Response. Trauma Kits - This bill would define "trauma kit" to mean a first aid response kit that contains specified items, including at least two tourniquets and would require a person or entity that supplies a trauma kit to provide all information governing the use, installation and operation, training, and maintenance of the trauma kit. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by state. 3 CM201 League City Status Position Position Support Support SB 5 Chaptered 10-15-17 Measure was approved at 6-5-18 Primary Election by 3,455,226 votes (57.59%) Support Support Measure was approved at the 6-5-18 Primary Election by 4,886,924 votes (81.33%) Support Support Dead 8-31-18 8-088 Letter Sent 3-30-18 Adopted Reso No. 2018R- 011 and joined California for Clean Water and Safe Park Coalition 3-30-18 Adopted Reso No. 2018R- 012 and joined California for Clean Water and Safe Park Coalition 4-05-18 Bill Description H.R. 620, Education Reform Act of 2017 SB 833 (McGuire) SB 827 (Wiener) H.R. 620. Education Reform Act of 2017 - The Bill would amend Title III of the Americans with Disabilities Act (ADA) to provide for a "notice and cure" provision; create an ADA compliance education program; and establish a model program to promote alternatives to litigation. Emergency Alerts. Evacuation Orders. Operators - This bill would require the Office of Emergency Services (OES) to ensure that each emergency management office within a city or county is a registered federal Wireless Emergency Alert (WEA) operator and has functional, up-to- date WEA software and annual training for operation of the WEA system. Planning and Zoning. Transit -rich Housing Bonus - The Notice of Opposition (as amended 3/1/18), would effectively rezone all land within one-half mile radius of a "major transit stop" or one-quarter mile radius of a transit stop on a "high quality transit corridor" to accommodate buildings up to 10 stories tall. Exempting large- scale developments from General Plans, Housing Elements, and zoning ordinances goes against the principles of local democracy and public engagement. Public hearings allow members of the community to inform their representative of their support or concerns when planning documents are developed. 4 League City Position Position CM 2018-088 Status Letter Sent Support Support Latest Action 4-05-18 2-26-2018 Received in the Senate Support Support Chaptered 4-05-18 9-21-18 Oppose Oppose Dead 4-05-18 8-17-18 Bill Description Reducing Crime and Keeping California Safe Act of 2018 AB 2812 (Limon) (As Amended) AB 1912 (Rodriguez) (As amended 03/19/2018) Reducing Crime and Keeping California Safe Act of 2018: By supporting the Reducing Crime and Keeping California Safe Act of 2018, protects every person in CA, including the most vulnerable children from violent crimes: murderers, rapists, child molesters, and other violent criminals should not be released early from prison. Office of Cloud Migration and Digital Innovation - Create the office of Local Cloud Migration and Digital Innovation under the purview of the California Department of Technology (CDT). AB 2812 falls in line with CDT's 2017 strategic plan to foster collaboration with local governments, while bridging the gap between local agency "haves and have-nots" by encouraging the utilization of public- private partnerships. Ensuring that CA technology leaders assist local agencies to implore the most cost efficient, secure and accessible technologies. Public Employees' Retirement: Joint Powers Agreements: Liability. Retirement liabilities of Joint Powers Authorities (JPA). Places substantial burdens and new unworkable requirements on cities by applying retroactive as well as prospective joint and several liability for all retirement related obligations to any current or former member of a JPA throughout its existence. 5 League Position CM2018-088 City Status Letter Position Sent Support Support Resolution 4-11-18 Adopted at 4-10-18 City Council Meeting 2018R-015 Support Support Dead 4-11-18 5-25-18 Oppose Oppose Chaptered 4-11-18 9-29-18 CM2018-088 Bill Description League City Status Letter Position Position Sent SCA 20 Local sales taxes: online sales This Support Support Dead 4-13-18 (Glazer) bill changes the administration of local 8-31-18 sales tax to the point -of -destination under the Bradley -Burns Uniform Local Sales Tax The City supports measures that retain local funding while aiming to decrease our reliance on state and federal governments. SCA 20 will champion these issues by changing the allocation of tax revenue for online transactions from point-of- sale to point -of -destination. The result will be a more equitable distribution of tax revenue and will honor the side of the buyer in the transaction. SB 831 Land Use: Accessory Dwelling Oppose Oppose Dead 5-8-18 (Wieckowski) Units (as Amended April 9. 2018) - 6-29-18 Letter of Opposition. This bill would significantly amend the statewide standards that apply to locally - adopted ordinances concerning accessory dwelling units (ADUs), even though the law was thoroughly revised in 2016 Legislative Session. The City of Chino Hills current ADU ordinance prohibits the conversion of required onsite parking to an ADU. The proposed bill would allow the conversion and would not require the required onsite parking to be replaced. This could result in the loss of needed onsite and garage parking within Chino Hills residential neighborhoods. SB 1302 Cannabis: Local Jurisdiction: Oppose Oppose Dead 5-9-18 (Lara) Prohibitions on Delivery as 8-31-18 amended. This bill would force local jurisdictions to allow cannabis deliveries within their -jurisdiction and goes against the intent of the voters who passed Proposition 64 by removing the ability to allow or ban cannabis deliveries. 6 Bill Description AB 2028 (Rodriguez) AB 2249 (Cooley) n/a Prisons:Securitv Assessments The bill would require the California Department of Corrections and Rehabilitation (CDCR) to conduct a security inspection and audit of each facility that houses inmates on a biennial basis as well as report findings to Legislature. Office of the Inspector General would be required to attend and observe the inspections as well as track and oversee remediation of security deficiencies as deemed appropriate. This bill would require security assessments for older prison facilities, and would assist CDCR with recommendations for corrective action(s) for security measures for tracking of their inmates. Public Contracts. Local Agencies. Alternate Procedures - This bill would increase the dollar threshold for when certain construction projects have to go out to bid and for when alternate bidding procedures have to be used. It would codify the California Uniform Construction Cost Accounting Commission to increase the no -bid cap from $45,000 to $60,000, the informal bid level for projects between $45,000 to $175,000 to a new range of $60,000 to $200,000, and continue formal bidding procedures for any project over $200, 000. State Route (SR) -71/91 Interchanae Improvement Project - RCTC 2018 Solutions for Congested Corridors Program (SCCP) grant application for the State Route (SR) -71/91 Interchange Improvement Project in Corona, Riverside County, near the border of Orange & SB counties. 7 League City Position Position Support Support CM2018-088 Status Letter Sent Vetoed 5-10-18 9-10-18 Support Support Chaptered 5-25-18 8-20-18 n/a Support Once funding is secured, construction anticipated to begin in June 2019 and be completed in December 2022 6-11-18 Support Letter to Secretary Chao Bill AB 2495 (Mayes) (as Amended 06/07/18) SB 765 (Wiener) (as Amended 06/18/18) Description Prosecuting Attorneys: Charging Defendants for the Prosecution Costs of Criminal Violations of Local Ordinances Notice of Opposition: This bill would undermine the ability of cities to recover appropriate local costs when they expend resources to protect their citizens from slumlords and others who refuse to address code violations. City budgets are limited, especially in recessions, and without the possibility of cost recovery, cannot and will not enforce important housing and other laws, at least as much as they otherwise would. Criminal enforcement can be necessary when seeking to compel compliance from recalcitrant and property owners who can delay, dodge and use their resources to drive up costs to the city. Planning and Zoning: Streamlined Approval Process Opposed Unless: SB 765 as amended will allow projects with 50% moderate -income units to use the SB 35 streamlining without requiring the project to include any low-income units or deed restrictions in many areas where some affordability is now required. Affordability, covenants and deed restrictions should be added to 50% moderate- income projects. Adds Vague Intent Language Within Statutory Language; Adds Subdivision Map Act Provisions To Sb 35; Adds New Term "Original Submittal" Rather Than Using Complete Application; And Combines Density Bonus Law With Sb 35 But Lowers Affordability. 8 League City Position Position Oppose Oppose Chaptered 6-19-18 9-5-18 CM2018-088 Status Letter Sent Oppose Oppose Chaptered 9- 6-26-18 27-18 CM2018-088 Bill Description League City's Status Letter Position Position Sent SB 828 Regional Housing Needs Allocation. Oppose Oppose Chaptered 6-26-18 (Wiener) Opposed Unless Amended (as 9-30-18 Amended 05/25/18) SB 828 would alter the process in a manner that would make it extremely difficult for jurisdictions to comply. Jurisdictions that fail to identify enough adequate sites to accommodate their housing need will be unable to receive a certified housing element from the Department of Housing and Community Development. Without a certified housing element, cities will not have access to state funding that would help fund much needed affordable housing construction. SB 828 should be amended to help cities meet existing requirements, not make it more difficult. S. 3157 STREAMLINE "Small Cells" Act Oppose Oppose Latest Action 7-18-18 (Thune & Oppose: This bill would force local Schatz) governments to lease out publicly Senate - 06 - owned infrastructure, eliminate 28-18 Read reasonable local environmental and twice and design review, and eliminate the ability referred to for local governments to negotiate fair the leases or public benefits for the Committee installation of "small cell" wireless on equipment on taxpayer -funded Commerce, property. This bill can have lasting Science, and damaging impacts on the character of Trans. each individual city, while simultaneously creating an undue burden on taxpayers to subsidize the irresponsible deployments of wireless infrastructure for private corporations. Similar to SB 649. n/a Action Alert: Wildfire n/a Support SB 901 8-08-18 Preparedness & Response - Urge (Dodd) Legislature to focus on strengthening Wildfires safety and other policies to protect Chaptered 9 - against wildfires and natural disasters. 21-18 Request to change the liability rules and instead focus on a full examination of safety requirements and standards. 9 Bill H.R. 2 Section 9101 Farm Bill Bureau of Cannabis Control Proposed Regulations — October 2018 Description Agriculture Act of 2018: Title IX Horticulture, Section 9101 — Would preempt local pesticide regulations by preventing local governments from adopting pesticide regulations that are more stringent than federal rules. An influx of unapproved local cannabis deliveries will decrease transparency of cannabis operations and increase public safety obligations and costs for local law enforcement agencies. By allowing deliveries in every jurisdiction in California, the BCC is fundamentally changing Proposition 64, not simply clarifying existing law. For these reasons, section 5416(d) should be removed from the regulations. League City Position Position n/a Oppose CM2018-088 Status Letter Sent 12-20-18 Became Public Law No: 115-334 10-26-18 n/a Oppose Currently 10-31-18 Under Review Initially noticed on 7- 13-18 was submitted to OAL for review on 12-3-18 If you have any questions, please contact Cheryl Balz, City Clerk, at extension 2624. KB:Is cc: Cheryl Balz, City Clerk 10