Loading...
HomeMy WebLinkAboutE-05 Legislative ReportCONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: LOUIE F. LACASELLA, MANAGEMENT ANALYST DATE: JUNE 20, 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. The report also highlights some additional proposals that Staff is observing that the City Council might want to take action on in the near future. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Receive and file the Quarterly 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 eight (8) legislative proposals. APPROVED COUNCIL MEETING 6/20/2016 Quarterly Legislative Update June 20, 2016 Page 2 The following, summaries position letters submitted to date and the current status of the legislative proposals: LEGISLATION POSITION STATUS AB 1707 (Linder) Public Records Act Oppose Bill died SB 876 (Liu) Enforcement of Local Ordinances Oppose Bill died Los Angeles County’s Pharmaceuticals and Sharps Collection and Disposal Stewardship Ordinance Support Vote to postpone SB 1199 (Hall) Advertising Displays for RDA Project Areas Support This bill has passed out of the Senate and will now go to the Assembly Committee’s for hearings. The bill is double referred to both the Assembly Governmental Organization Committee and the Assembly local Government Committee. The bill has not been set for a hearing date yet AB 806 (Dodd and Frazier) Economic Development Support The bill passed out of the Assembly and will be heard next in the Senate Governance and Finance Committee scheduled for June 15, 2016 HR 4954 (DeFazio) Water Quality Protection and Job Creation Act of 2016 Support Referred to the Subcommittee on Water Resources and Environment 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 AB 2339 (Irwin and Low) Net Energy Metering Oppose The bill was held on the Assembly Appropriations Committee suspense file due to state costs 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. Quarterly Legislative Update June 20, 2016 Page 3 LEGISLATIVE PROPOSALS MONITORING In an effort to keep the City Council apprised of significant State legislation, via the Legislative Platform, Staff monitors and reviews legislative advocacy efforts being undertaken by the League of California Cities (League). The League actively engages in legislative lobbying efforts at the State level on behalf of local municipalities. Additionally, City Staff works closely with the League’s Public Affairs Staff on advocacy efforts. Staff also receives weekly legislative reports from the City’s lobbyist Joe A. Gonsalves & Son. The following is a list of legislative proposals Staff is currently monitoring: LEGISLATION SUMMARY STATUS AB 2586 (Gatto) Parking AB 2586 seeks to place restrictions on the ability of local government to regulate its own parking needs. If approved, the measure would limit the ability of a municipality to regulate street sweeping parking, business district parking, and other parking related matters. The League recommends opposing this bill. The bill has passed out of the Assembly and will now be heard in the Senate. It has not been referred to any Committee yet. AB 2220 (Cooper) Elections in Cities: By or From District Allows cities to switch to district based elections by ordinance, regardless of population size. This tool serves as a cost saving measure to cities that face possible litigation under the California Voting Rights Act (CVRA) allowing them to settle with the plaintiffs and convert to by district election system quicker than by placing the question on the ballot for voter approval. Furthermore, this allows cities to be proactive and quickly switch to district before a lawsuit is brought. The League recommends supporting this bill. The bill is in the Senate. AB 2501 (Bloom) Housing: Density Bonuses In addition to imposing unrealistic timelines, AB 2501 contains provisions that would limit the ability of a city to interpret its own development standards and diminish the role of planning commissions; limit a city’s ability to reduce development standards without waiving them; prohibits cities from providing public notice or hold a public hearing on density bonus applications, which are normally made in conjunction with land-use applications that do require public hearings; and allow developers determine whether a project modifications result in costs reductions, rather than the city. The League recommends opposing this bill. The bill is in the Senate. Quarterly Legislative Update June 20, 2016 Page 4 AB 2614 (Bonta) Medical Cannabis: Out- of-State Convictions AB 2614 would prohibit the denial of a state license for commercial cannabis activity if the denial is based solely on an out-of-state felony conviction that did not include a period of incarceration, so long as a local jurisdiction is aware of the conviction and is nonetheless willing to issue a local permit or other authorization. The League recommends opposing this bill. Referred to Com. on B. & P. Governor’s “By Right” Proposal in the Budget A proposal by the Governor to pre-empt local discretionary land use approvals of specified housing developments by having all such approvals be considered “ministerial” actions, meaning eliminating opportunities for public review, project-level environmental review and restricting design review. The League of California Cities recommends opposing this bill. The Governor, Senate Pro-Tem and Assembly Speaker have agreed to continue this issue and it will not be considered as part of the State Budget on Wednesday, June 15. AB 2403 (Bloom) Alcohol and Drug Abuse Recovery or Treatment Facilities AB 2403 (Bloom) would help maintain residential neighborhoods as a therapeutic environment for the social integration of high functioning disabled persons, including recovering alcoholics and addicts. The League recommends supporting this bill. In committee: Held under submission. 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 ATTACHMENT 1 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 93 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. O 93 — 2 —Ch. 235