HomeMy WebLinkAboutE-06. Legislative UpdateCONSENT ITEM
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: LOUIE F. LACASELLA, MANAGEMENT ANALYST
DATE: SEPTEMBER 19, 2016
SUBJECT: QUARTERLY LEGISLATIVE UPDATE
SUMMARY:
On March 7, 2016, the City Council adopted a Legislative Platform and 2016 State and Federal
Legislative Priorities. Over the past several months, Staff has submitted position letters on various
legislative proposals that would have a direct impact to the City and its residents. This report
summarizes the position letters submitted and the current status of the legislative proposals.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1) Receive and file the Legislative Update.
DISCUSSION:
Every year members of the California State Assembly and Senate introduce hundreds of bills. In
addition, other government agencies or elected boards introduce policy issues of regional significance
that may impact the City. On occasion, the City is requested to comment upon or indicate a position on
a particular bill or policy issue. With the adoption of the Legislative Platform, Staff has submitted
position letters on eighteen (18) legislative proposals this legislative year, ten (10) since the last
legislative update was provided to the City Council on June 20, 2016.
Approved
Council Meeting
9/19/2016
Quarterly Legislative Update
September 19, 2016
Page 2
The following, summaries position letters submitted to date and the current status of the legislative
proposals:
LEGISLATION POSITION STATUS ATTACHMENT
AB 1707
(Linder)
Public Records Act
Oppose
Bill died.
1
SB 876
(Liu)
Enforcement of Local
Ordinances
Oppose
Bill died.
2
Los Angeles County’s
Pharmaceuticals and
Sharps Collection and
Disposal Stewardship
Ordinance
Support
Vote to postpone.
3
SB 1199
(Hall)
Advertising Displays for
RDA Project Areas
Support
Enrolled and presented to the
Governor. 4
AB 806
(Dodd and Frazier)
Economic Development
Support
Enrolled and presented to the
Governor. 5
HR 4954
(DeFazio)
Water Quality
Protection and Job
Creation Act of 2016
Support
Referred to the Subcommittee on
Water Resources and
Environment. 6
SB 415
(Hueso)
Voter Participation Oppose/Petition
The bill was signed by the
Governor on September 1, 2015
and the statue will take effect
January 1, 2018.
7
AB 2339
(Irwin and Low)
Net Energy Metering
Oppose
Bill died.
8
AB 2853 (Gatto) Public
Records Support Chaptered by Secretary of State. 10
AB 723 (Chiu) Housing:
Finance Support Enrolled and presented to the
Governor. 11
AB 779 (Garcia) Local
Government: Financial
Disclosures
Oppose
Enrolled and presented to the
Governor. 12
AB 718 (Chu) Removal
of Regulatory Authority:
Vehicles Used For
Human Habitation
Oppose
Bill died.
13
Quarterly Legislative Update
September 19, 2016
Page 3
AB 2835 (Cooper)
Orientations and
Informational Programs
Oppose
Bill died.
14
AB 1217 (Daly) Orange
County Fire Authority Oppose Enrolled and presented to the
Governor. 15
SB-1146 (Lara)
Oppose
(before amended)
Enrolled and presented to the
Governor (Bill was amended and
determined acceptable to the
City).
16
AJR 44 (Holden) MS4
Storm Water Permit
Funding
Support
Chaptered by Secretary of State.
17
H.R. 3484 (Lieu) Los
Angeles Homeless
Veterans Leasing Act of
2015
Support
Introduced, waiting vote.
18
S. 2013 (Feinstein) Los
Angeles Homeless
Veterans Leasing Act of
2015
Support
Introduced, waiting vote.
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SB 415 FORCED ELECTION CONSOLIDATION
To date the City has been successful in all position taken, except in one occurrence, SB 415, regarding
forced election consolidation with the County. SB 415 was signed by the Governor and will go in effect
January 1, 2018 (Attachment 9). As a result, the City will be forced to consolidate with County
elections. On February 1, 2016, the City Council, City Clerk and Treasurer signed a petition in support
of an alternate solution to increase voter participation and to allow the continuance of stand -alone
elections (Attachment 7). To date there are no new developments regarding SB 415 alternatives.
REQUEST GOVERNOR’S VETO
The Legislature has adjourned for remainder of the year and the Governor has until September 30,, 2016
to sign or veto nearly 800 bills on his desk. Of all the positions taken by the City, two legislative
proposals are currently on the Governor’s desk that would go against the position taken by the City. As a
result, Staff will be drafting letters for Council consideration, requesting the Governor to veto the
following legislative proposals in addition to any others that may be identified.
LEGISLATION POSITION DESCRIPTION
AB 1217 (Daly)
Orange County Fire Authority Oppose
Establishes a legal precedent of state interference in the
governance of local joint powers authorities by codifying a
rule that members of the Orange County Fire Authority Board
of Directors cannot appoint alternates.
AB 779 (C. Garcia)
Local Government
Compensation Reports Oppose
Creates a duplicative compensation report that must be posted
to an agencies’ website for each elected official.
Compensation is broken down into: salary; overtime; unused
vacation; stipends; pension; retirement and health premium
contributions; automobile, phone and technology allowances.
Quarterly Legislative Update
September 19, 2016
Page 4
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Prepared by: Reviewed and Approved:
Louie F. Lacasella Troy L. Butzlaff, ICMA-CM
Management Analyst City Manager
Attachments:
1) AB 1707 Letter of Opposition
2) SB 876 Letter of Opposition
3) Pharmaceuticals and Sharps Collection Letter of Support
4) SB 1199 Letter of Support
5) AB 806 Letter of Support
6) HR 4954 Letter of Support
7) SB 415 Petition
8) AB 2339 Letter of Opposition
9) SB 415 Bill
10) AB 2853 Letter of Support
11) AB 723 Letter of Support
12) AB 779 Letter of Opposition
13) AB 718 Letter of Opposition
14) AB 2835 Letter of Opposition
15) AB 1217 Letter of Opposition
16) SB-1146 Letter of Opposition
17) AJR 44 Letter of Support
18) H.R. 3484 Letter of Support
19) S. 2013 Letter of Support
Senate Bill No. 415
CHAPTER 235
An act to add Chapter 1.7 (commencing with Section 14050) to Division
14 of the Elections Code, relating to elections.
[Approved by Governor September 1, 2015. Filed with
Secretary of State September 1, 2015.]
legislative counsel’s digest
SB 415, Hueso. Voter participation.
Existing law generally requires all state, county, municipal, district, and
school district elections be held on an established election date. Existing
law also establishes certain dates for statewide elections. Existing law
requires any state, county, municipal, district, and school district election
held on a statewide election date to be consolidated with a statewide election,
except as provided.
This bill, commencing January 1, 2018, would prohibit a political
subdivision, as defined, from holding an election other than on a statewide
election date if holding an election on a nonconcurrent date has previously
resulted in voter turnout for a regularly scheduled election in that political
subdivision being at least 25% less than the average voter turnout within
the political subdivision for the previous 4 statewide general elections,
except as specified.
This bill would require a court to implement appropriate remedies upon
a violation of this prohibition. The bill would authorize a voter who resides
in a political subdivision where a violation is alleged to file an action in
superior court to enforce this prohibition, and it would allow a prevailing
plaintiff other than the state or political subdivision to collect a reasonable
attorney’s fee and litigation expenses, as provided.
The people of the State of California do enact as follows:
SECTION 1. Chapter 1.7 (commencing with Section 14050) is added
to Division 14 of the Elections Code, to read:
Chapter 1.7. Voter Participation
14050. This chapter shall be known and may be cited as the California
Voter Participation Rights Act.
14051. As used in this chapter:
(a) “Political subdivision” means a geographic area of representation
created for the provision of government services, including, but not limited
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to, a city, a school district, a community college district, or other district
organized pursuant to state law.
(b) “Significant decrease in voter turnout” means the voter turnout for a
regularly scheduled election in a political subdivision is at least 25 percent
less than the average voter turnout within that political subdivision for the
previous four statewide general elections.
(c) “Voter turnout” means the percentage of voters who are eligible to
cast ballots within a given political subdivision who voted.
14052. (a) Except as provided in subdivision (b), a political subdivision
shall not hold an election other than on a statewide election date if holding
an election on a nonconcurrent date has previously resulted in a significant
decrease in voter turnout.
(b) A political subdivision may hold an election other than on a statewide
election date if, by January 1, 2018, the political subdivision has adopted a
plan to consolidate a future election with a statewide election not later than
the November 8, 2022, statewide general election.
14053. Upon a finding of a violation of subdivision (a) of Section 14052,
the court shall implement appropriate remedies, including the imposition
of concurrent election dates for future elections and the upgrade of voting
equipment or systems to do so. In imposing remedies pursuant to this section,
a court may also require a county board of supervisors to approve
consolidation pursuant to Section 10402.5.
14054. In an action to enforce subdivision (a) of Section 14052, the
court shall allow the prevailing plaintiff other than the state or political
subdivision of the state, a reasonable attorney’s fee consistent with the
standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and
litigation expenses including, but not limited to, expert witness fees and
expenses as part of the costs. A prevailing defendant shall not recover any
costs, unless the court finds the action to be frivolous, unreasonable, or
without foundation.
14055. A voter who resides in a political subdivision where a violation
of subdivision (a) of Section 14052 is alleged may file an action pursuant
to that section in the superior court of the county in which the political
subdivision is located.
14056. This chapter does not apply to special elections.
14057. This chapter shall become operative on January 1, 2018.
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