HomeMy Public PortalAbout05) 7B Legislative Updater----------~ ~-~--
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: May 21, 2019
TO: The Honorable City Counci l
FROM : Bryan Cook , City Manager
Via : Brian Haworth , Assistant to the City Manager
By: Tinny Chan , Management Analyst
SUBJECT : LEGISLATIVE UPDATE
RECOMMENDATION:
The City Council is requested to receive and fi le th is report.
BACKGROUND :
AGENDA
ITEM 7.8.
In order to keep Council informed of proposed legislation that may affect City operations ,
staff regularly monitors and reviews l egis lative advocacy efforts . Particular attention is
paid to those measures be i ng reviewed by our partner organizations : the League of
Ca l ifornia Cities (LOC) and California Contract Cities Association (CC C).
ANALYSIS:
The follow ing provides summaries on pertinent bills that are in the state leg islative
process (as of May 7 , 2019). Should Council wish for more informa ti on, or to formally
oppose or support a bill, they can do so by requesting the item for further deliberation at
a subsequent meeting .
HOUSING
Accessory Dwelling Units I AB 68
Eliminates a jurisdict ion 's authority to impose minimum lot s ize requ irements for the
constru ction of accessory dwelling units (ADUs). The bill also requires jurisdictions to
approve or deny an appli ca tion (for an ADU ) with i n 60 days.
Applicability: Conflicts with Municipal Code 's (TCMC) lot size requirement 6,000 sq. ft.
City Council
May 21 , 2019
Page 2 of 6
Note :
Position:
Bill status :
Per state law, City reviews AOU proposals within 120 days.
LOG : Oppose .
Placed on suspense file in Assembly Appropriations Committee.
Accessory Dwelling Units I AB 881
Prohibits loca l jurisdictions from requiring a property owner to live in the main house or in
the ADU.
Applicability:
Note:
Position:
Bill status:
Conflicts with TCMC requirem e nts for owner occupancy.
Legislation would incentivize ADUs as a commercial enterprise.
LOG: Oppose unless amended.
On Assembly floor, scheduled for a third reading .
Accessory Dwelling Units I SB 13
Amends statewide standards concerning ADUs by placing an arbitrary cap o n impact
fees , prohibiting replacement parking and el im i nati ng owner occupan cy requ irements .
Applicability:
Position:
Bill status :
Conflicts with TCMC 's provisions for ADUs.
LOG: Oppose unless amended.
Placed on suspense file in Assembly Appropriations Committe e.
Planning & Zoning I SB 330
Acts as a companion bill to SB 50. The mea sure declares a statewide hous ing cr isis and
for a ten-year period, prohibits a ci ty from downzon ing , impos ing parki ng requ ir ements ,
increasing impact fees and establishing a maximum number of conditional use permits .
Applicability:
Note :
Position :
Bill status:
Alters provisions of the General Plan Update and TCMC.
Bill would also limit design standards .
LOG: Oppose
In Senate Appropriations Committee .
Zoning I SB 50
Limits single-family only zoning and increases density while lim iting or remov ing parking
requirements . The bill also allows developers to construct fourp lex apartments w ithout
condit iona l use permits , and subdivide exi sting structures into a maximum of four
resident ial dwelling units .
Applicability:
Note :
Position :
Bill status:
Undermines TCMC and zoning land use provisions.
Legislation would significantly alter Temple City neighborhoods.
LOG: Oppose unless amended; CCC: Watch .
In Senate Appropriations Committee .
City Council
May 2 1,2019
Pag e 3 of 6
ECONOMIC DEVELOPMENT
Infrastructure Funding I ACA 1
Lowers the necessary voter thresho ld from a two-thirds supermajority to 55 percent to
approve local general obligat ion (GO) bonds and specia l ta xes for affo rdab le housin g and
public infrast ru cture proj ects .
Applicability:
Position :
Bill Status :
Provides a financing option to address infrastruc ture challenges.
LOC and CCC : Support.
Placed in s uspen se file in A ssembly Appropriations Committee .
Investment Incentives I SB 5
Authorizes local governments to es tabli sh an affordable hous ing and comm un ity
development investment agency , as well as to is sue bonds and app ly for funding under
the Affordable Housing and Community Deve lopment Investment Program .
Applicability :
Position :
Bill Status:
Augments post-redevelopment authorities of AB 11 (see b elow).
LOC and CCC: Support.
Placed in suspense file in Assembly Appropriations Committee .
Redevelopment Agencies I AB 11
Allows cities and cou nties to use tax increment f i nanci ng to fund affordab le hou si ng and
infrastructure projects . Th e bi l l takes on a similar approac h to the tax increment financing
structure used by former rede ve lopment agencies .
Note:
Position:
Bill Status:
30% of funding must be se t aside for affordable housing initiatives.
LOG: Support in concept; CCC: Support.
In Assembly Appropriations Committee .
GENERAL ADMINISTRATION
Email Retention I AB 1184
Requires publ ic agencies to retain ema ils for at le ast two years before automatically
deleting them. State l aw already requires cit ies to retain publ ic records for two years ;
however, the law is uncl ear regarding emai l retention .
Applicability :
Note:
Position:
Status:
City currently retains e mails for 90 days.
New legislation may require th e purchase of a ne w city server.
LOC: Oppose .
Pla ce d on susp ense fil e in Assemb ly Appropria tion s Committee .
City Council
May 21, 2019
Page 4 of 6
PUBLIC SAFETY
Drones I AB 1190
Proh i bi ts agencies from bann ing the operation of drones but allows the enactmen t of
ordinances tha t r el ate t o t he use of drones-so long as the ordinances are not specifi cally
written to e limi nate drone act ivity.
Note :
Position :
Bill St atus:
TCM C does not c ontain drone ordinances.
LOG: Pending support.
On Assem bly floor, scheduled for a third r eading.
Emergency Preparedness I AB 291
Req u ires the Office of Eme rgency Services to es tablis h a $500 mi ll ion ongoing Local
Em e rge ncy Prepar ed ness and Hazard M iti gation Fu nd to help loca l governmen ts meet
emergency prepa redn ess goa ls .
No te:
Position :
Bill Sta tus:
City's f unding allocatio n is unknown .
L OG: Pen ding support.
Placed on suspense f ile in Assembly Appropria tions Co mmitt ee.
Emergency Services I SB 46
Pro vides agencies with incr eased access to reside nts' con tact information by o bta inin g
third-party da ta f rom l oca l utili ty an d ot her service providers . Info rmati o n would th en be
use d to enrol l unsubscr ibed reside nts i nto emergency warn ing systems.
Applicability:
Positio n:
Bill Status:
City c urrently uses th e Everbridge Notification System.
L OG: Support.
In Senate Appropriations Committee.
PUBLIC WORKS
Seismic Safety Tax Credit 1 AB 234
Provides for up to a 30 % ta x credi t for locally certified se ism ic re t rofitting proj ects
com pl eted betwee n 2020 and 2025 .
Applicability:
Position:
Bill statu s:
A number of Temple City properties may qualify for the credit.
L OG : Support.
In Se na te Appropria tions Committe e.
City Counci l
May 21, 2019
Pa ge 5 of6
TRANSPORTATION
Motorized Scooters I AB 1112
Eliminates the ab ility for cities to fully regulate corporations that offer shared motorized
scooter services .
Applicability:
Note :
Position :
Status:
Bill would eliminate the City 's authority in its own right-of-way.
TCMC does not contain provisions for shared motorized scooters.
LOG : Oppose .
On Assembly floor, scheduled for a third reading.
Shared Mobility Devices I AB 1286
Requires shared mobility servi ce providers (e.g. Bird, Lime) to ob tain a permi t or
agreement with the jurisdiction it seeks to operate in. Th e bill also requ ires service
providers to maintain a specific amount of l iability insu rance and comply with all loca l
operation , pa rking, ma intenance and safety rules.
Applicability:
Note:
Position :
Status :
City can regulate these devices beyond minimum standards.
TCMC does not contain provisions for shared devices.
LOG : PendirJg support.
On Assembly floor, scheduled for a third reading .
Additionally, the following items are worth nothing . Further discuss ion of the i r potential
fiscal impact will be prov ided at the Council 's upcoming budget study sessions .
RECENTLY PASSED BILLS
Sales Tax I AB 147
Follows a 2018 U.S. Supreme Court decis ion (South Dakota vs. Mayfair) that now allows
states to require out-of-state and online retai lers to co llect and remit ta xes when sell ing
property to the state 's residents .
Note:
City Imp act:
Legislation effective immediately.
Modest but positive fiscal gain .
Vote-by-Mail Ballots I AB 216
Requires the elections official to include prepaid postage on the return identification
enve lope of a vote-by-mail ballot.
Note : City ha s over 8,000 vote-by-mail voters.
City Imp act: Modest to signific ant fiscal effect; to be implemented in 2020 .
City Council
May 21, 2019
Page 6 of 6
PROPOSED STATE BUDGET
The May Revise to the Gove~no r 's p roposed 2019-20 State Budget still includes
discussion abou t how SB 1 transportation funding (gas tax) cou ld be withheld from cities
that do not build enough housing . The LOC will continue to work w ith the Go vernor's office
to find a solution to th e housing affordabi l ity and supply crisis wit hout withholding
transportation funding .
Note : Provisions for Sa 1 takeaways remain unclear.
City Im pact: sa 1 funding allocation is roughly $600,000 a year.
CITY STRATEGIC GOAL :
Actions contained in thi s report ali gn with the City 's strategic goa ls of economic
deve lopment, susta inable i nfrastructure and good governance.
FISCAL IMPACT:
None .
ATTACHMENT:
A. The Life Cycle of Leg is lation
THE LIFE CYCLE OF LEGISLATION
<x:MIITTEE tEAAHl -·-O<AR'ERSON
~MEMi£RS
1ESTF¥
BUAUTHC!'
CITI2ENS
EftRTS
LCli)VBf$
THE CALIFORNIA LEGISLATURE
ASSEMBLY RU L ES COMMITTEE
Although tho procedure can become COrT~>IIcated , this chart shows tho essential
steps lor passage of a bill
TypiC& I committee actoons ara used to sirT~>Idy charting tho course of legiSlation
Some bills roqu~re hearings by moro than ono corrrnlnoe. In which case a
corrrnlltoe may re-refer tho bill to another committee For exarrc>le, bills Wlfh
monetary irTI'ilcatlons must be re-reterred to tho proper fiScal committee In each
Hooso before they ar• sent to tho second reading hie and final action
A biN may be amended at wrlous t1rnes as 11 mows through tho Hoosos The bill
rrust be reprinted eactt t•me an amendment Is adopted by eHher house All bill
aclions are printed In the DAILY FILES. JOURNALS and HISTORIES
If a bill Is amended In the opposHe House, H Is returned to tho House of Origin for
ooncunence In amendments. tf House ot Odgln does not ooncur, a Conference
Conmlllee Report rrust then be adopted by eactt House before the btll can be
sent to the Gowrnor
c::ot.urtU HEARNG -·-OiAJlPERSON ...,., .........
T£$1'FY
BUAUTHC!'
CITIZENS
EXPERTS
LOO!MSTS
From Idea into Law
)>
~
~
0
I
~
m z
~
)>