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HomeMy Public PortalAbout13) 7H Legislative UpdateMANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: June 18, 2019 TO : The Honorable City Council FROM: Bryan Cook, City Manager Via: Brian Haworth , Assistant to the City Manager By : Tinny Chan , Management Analyst SUBJECT: LEGISLATIVE UPDATE RECOMMENDATION : The City Counci l is requested to receive and fi le this report . BACKGROUND: AGENDA ITEM 7.H. 1. On May 21 , 2019, Council received an update on bills that may significant ly impact City operations and policies . The report was prepared under the City Manage r's legislative ad vo cacy program, which monitors proposed state legislation in partnership w ith the League of Cal ifornia Cities (LCC), Cal iforn ia Contra ct Cities Association (CCC), and the San Gabriel Valley Cou nci l of Governments . 2 . On May 31 , 20 19, the State Leg islatu re imposed a prescribed dead line to pass bills out of the ir house of origin. A numb er of proposals identified in the May 21 , 2019 passed , while a f ew were ame nd ed or tabled unti l 2020 . ANALYSIS : The following narratives provide an update on pertinent bills that were identified in the May 21 , 2019 report. Should Council wish f or more information , or to formally oppose o r support a bill , they can do so by requesting the item for further deli beration at a subsequent meeting . Moving ahead , the State Legislature will review these bi ll s through various committees . Bills that pass a fl oor vote by Sept. 13 , 2019 will then be forwarded for the Governor's sig nature or veto before Oct. 13 , 2019. C ity Coun cil June 18 ,2 019 Page 2 of 5 BILLS THAT ARE NOT MOVING FORWARD Emergency Preparedness I AB 291 Requires the Office of Emergen cy Services to establis h a $500 mi lli on ongoing Local Emergency Prepare dne ss and Ha zard Mitig ation Fund to help loca l governments meet e m ergency preparedness goals. Emergency Services I SB 46 Provi des agencies w ith in creased access to residents ' contact information by obtaining th ird-party data f rom local utility and other service providers. Information would then be used to enrol l unsubscri bed residents into emergency warning systems . Redevelopment Agencies I AB 11 CONTINUE TO MONITOR Allows citi es and co untie s t o use tax increment financi ng to fund affordable h ousing and infrastructure projects . The bill takes on a similar approach to the tax increment finan cing structure used by f o rm er re devel opment agencies . Seismic Safety Tax Credit I AB 234 Provides for up to a 30 % tax c redit for lo ca ll y certifi ed seismi c retrofittin g projects completed between 2020 and 2025. Zoning I SB 50 CONTINUE TO MONITOR Limits single-fami ly o nl y zoning and in creases density whi le li m it in g or removing parking requirements . Th e bi ll a lso a ll ows developers to constru ct fourplex apartments without co ndition al use pe rmits, and subdivide existin g structures into a m aximum of four residential dwe ll ing units . BILLS THAT ARE MOVING FORWARD Accessory Dwelling Units I AB 68 Elimi nates a juri sd icti on 's authority to impose minimum lot size requirements for the co ns truction o f accessory dwelling un its (ADUs). Also requires at least 800 sq . ft . per AD U , and requires juri sd ict ions to appro ve or deny an application for an ADU within 60 days . Applicability: P ositio n: Conflicts with TCMC lot size requirement of 6,000 sq . ft . LCC: Oppose unle ss amended. Accessory Dwelling Units I AB 881 Prohibits loca l juri sdictions from requ iring a property owner to live in the main house or in the ADU . Applicability: Position : Conflicts with TCMC requirement for owner occupancy. LCC : Oppo se un l ess amended. City Cou nci l June 18 , 2019 Page 3 of 5 Accessory Dwelling Un its I SB 13 A mends statewide standards co ncern ing ADUs by placing an arb it rary cap on impact f ees, prohibiti ng rep lacement parking and eliminating owner occupancy requirements. Applicability: Position : Drones I AB 1190 Conflicts with TC MC provisions for AD Us . LCC: Oppose un l ess amended. Pro hibits agencies from banning the ope ration of drones but allows the enactment of ordi nances t hat relat e to the use of drones-so lo ng as t he ord in ances are n ot s pecif ically w ri tte n to el iminate drone activi t y . Applicability: P osition: For consideration; TCMC does not contain drone ordinances. L CC : Pending support. Ema il Retention I AB 1184 Re quires publi c age nc ies to reta in emai ls f or at least two yea rs be f ore automatica ll y de leti ng them . State law already requi res cities to retain pub l ic records fo r two years ; however , the law is unclear rega rding e mai l rete n tion. Applicability: Position: City retains emails for 90 days . L CC: Oppose . Infrastructure Funding I ACA 1 Lowe rs the necessary vote r thresho ld fr om a two-thi rds supermajority to 55 pe rcent to approve loca l ge nera l obl igatio n (GO) bonds and special taxes f or affo rd ab le hous in g a nd public infrastru ct ure projects . A pplicabili ty: Position: Provides a fina n cin g op tion to address in frastruct ure cha llenges. L CC and CCC: Support. Investment Incentives I SB 5 Auth orizes loca l governments to establish an affordable housing and community development investm ent agency, as well as to issue bonds and apply for f unding under th e Affordab le Ho usi ng and Comm unity Development In vestmen t P rogra m . Applicability: Position : Provides an addi ti onal community development financing option . LCC and CCC: S up port. Moto r ized Scooters I AB 111 2 Eliminat es the ab ili ty f o r c it ies to fu ll y reg ul ate co rpo rat ions th at offer shared motori zed scooter services . Applicability: Position : Bill would eliminate the City's authority in its own r ight-of-way. LCC: Oppose. --------~------- City Council June 18, 2019 Page 4 of 5 Planning & Zoning I SB 330 Declares a statewide housing cris is and for a ten-year period , prohibits a city from downzoning, imposin g parking requirements , increasing impact fees and establishing a maximum number of conditional use permits . Applicability: Position: Alters provisions of TCMC and General Plan Update. L CC and CCC: Oppose. Sh a red Mobility Devices I AB 1286 Requires shared mob il ity service providers (e.g . Bird , Lime) to obtain a permit or agreement with the j u risdiction it seeks to operate in. The bill also requires service providers to maintain a specific amount of liability insu rance and com ply with all local operation , parking , maintenance and safety rule s. Applicability: Position: City can regulate these devices beyond minimum standards. L CC : Pending support. NEW BILLS BROUGHT TO CITY'S ATTENTION Density Bonus 1 AB 1763 Expands the existing state density-bonus law by allowing an 80% density bonus for projects with 100% affordable housing . Applicability: Position : Circumvents local authority; conflicts with Gen era l Plan objectives . L CC : Oppose unle ss amended. Vehicle Towing I AB 516 Elimi nates poverty related tows if t he owner has five o r mo re unpa id parking tickets, if the car registration is more than six months out of date, or when a car has been legally parked for more than 72 hours . Also prevents loca l jurisdictions from co ndu cting a lien sale to cove r towing and storage expenses . Applicability: Po sition: Conflicts with TCMC; poses public safety and congestion concerns. CCC: Oppose. CITY STRATEGIC GOAL: Actions co ntained in thi s report align with the C ity's strategic goals of economic development, sustainable infrastructure and good governance . ,----------~ - City Council June 18, 2019 Page 5 of 5 FISCAL IMPACT: None . ATTACHMENT: None .