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 .