AGENDA REPORT Meeting of the San Marcos City Council

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1 AGENDA REPORT Meeting of the City Council MEETING DATE: August 13, 2013 SUBJECT: Legislative Report Recommendation Note and File No new positions on active legislation are recommended at this time. Board or Commission Action Not applicable Relevant Council Strategic Theme Planning for the Future Good Governance Relevant Department Goal Support a focused legislative program that ensures the interests of residents and businesses are protected and/or enhanced. Introduction The City Council adopted Legislative Procedures and the 2013 Legislative Platform to guide the consideration of state and federal bills that affect City operations. In keeping with that direction, this report provides an update on active legislation under consideration at the state and federal level with an existing position. Discussion The 2013 regular legislative session began Jan. 7 and the last day for legislation to be introduced was Feb. 25, The bill positions shown in the attached report reflect positions previously adopted by the City Council. Staff has generated letters to state legislators indicating the City s position and has permitted the City s federal and state legislative advocates to contact legislative staff, and/or speak on behalf of the City regarding the legislative items. # 4.1

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3 RECOMMENDED BILLS August 13, 2013 The following is a list of bills currently active in the both the Federal and California State Legislatures that are of interest to the City of. Section 1 provides a brief summary and analysis of each bill and its potential impact to the City along with the recommended City position. Section 2 provides a status update on measures with an approved City position for the current legislative session. Highlighted items indicate updated information. Section 1: Recommended (s) Location No new legislative positions are recommended at this time 1 # 4.3

4 Section 2: Legislative Update (measures with approved City positions) State Assembly s AB 20 Waldron (R) Obscene Matter: Minors Location Support SUPPORT Assembly NA Status: Read for the third time in the Senate and passed 33 to 0 on July 8. The measure was ordered back to the Assembly. Vote Summary: Ayes 74; Noes 0 (Assembly Floor) Senator Wyland: Aye Assembly Member Waldron: Aye Support measures that move forward the goals established by the local San Diego Internet Crimes Against Children Task Force and assist in the reduction of child pornography, child predators and sex offenders and human sex trafficking. This bill would impose a fine of up to $2,000 on those convicted of using a government-owned computer or network to produce or view obscene material involving minors. Revenue from this fine will be distributed to sexual assault investigator training, high technology crime task forces, direct services for victims of human trafficking, and related multidisciplinary teams. AB 162 Holden (D-41) Wireless Telecommunication Facilities Recent revisions from the author were non-substantive and did not alter the bill s content or intent. It is in society s best interest to protect children against internet crimes and exploitation by sexual predators. AB 20 directly supports public safety priorities outlined in the 2013 Legislative Platform and the goals identified by ICAC. For more detailed analysis, refer to legislative report submitted to City Council on March 26, Watch OPPOSE Location Assembly Local Government Not yet assigned Status: Measure version was significantly amended on May 9. The deadline to pass the bill to the Senate has passed, making the measure a 2-year bill. Staff will continue to track the measure through the next legislative session. Vote Summary: No record at this time due to amendments Oppose any legislation that preempts local authority. Each community has unique needs and characteristics that are best addressed by the local governing body. Oppose any new program mandates that are unfunded and/or partially funded. 2 # 4.4

5 AB 162, as originally proposed, would prohibit a local government from denying an eligible facilities request for modification of an existing wireless tower, base station, or wireless telecommunications facility. This bill requires local government to act within 45 days, while prohibiting the jurisdiction from requiring a proof of gap in coverage as part of an eligible facilities request. As amended, the bill would make legislative findings and declarations relating to the critical need to maintain signal strength and call reliability for 911 calls from cellular telephones, and would state the intent of the Legislature to subsequently amend this bill to include provisions that would increase network capacity on existing wireless structures in order to serve the needs of safety personnel and the people of the state. AB 162, as originally proposed would limit local authority to regulate the placement of certain wireless facilities while imposing expedited, mandatory approvals of modifications to existing telecommunications facilities. As amended, AB 162 does not directly affect local government; however, the bill states that provisions can be subsequently added upon completion of legislative findings related to maintaining and strengthening statewide emergency telecommunications networks. In other words, the Legislature would be afforded the unbridled ability to impose state mandated programs that may limit a local jurisdiction s ability to make decisions over the maintenance, development and technical requirements of emergency infrastructure. As such, an oppose position will be maintained. For more detailed analysis, refer to legislative report submitted to City Council on April 9, Location AB 325 Alejo (D) Land use and planning cause of actions: time limitations Oppose OPPOSE Senate NA Status: The bill was read for the second time on the Senate floor and ordered to a third reading on June 26. Vote Summary: Ayes 41; Noes 30 (Assembly Floor) Senator Wyland: Not Applicable Assembly Member Waldron: No Oppose legislation that would limit or restrict local land use decision-making authority. Existing planning and zoning law includes a one-year statute of limitations to sue a city or county over the adoption of a housing element, the implementation of the housing element, the adoption of a density bonus ordinance, and other local government decisions related to housing. This bill would expand the statute of limitations from one year to a total of four years and states that it is the intent of the legislature to modify the court s interpretation of the Government Code as decided in Urban Habitat Program v. City of Pleasanton. Not only will AB 325 increase delays and restraints upon expeditiously completing housing projects but the measure would also create uncertainty for local government and could lead to costly litigation at a time when local resources are limited. This bill would leave local agencies unfairly open to uncertainty long after decisions have been made and would slow progress on housing projects. For more detailed analysis, refer to legislative report submitted to City Council on May 14, # 4.5

6 AB 440 Gatto (D); Mullin (D) Hazardous Substances: releases: local agency cleanup or remedy Support Location SUPPORT Senate Appropriations 08/12/2013 Status: The bill was passed by the Senate Committee on Environmental Quality July 3 and referred to Senate Committee on Appropriations. Vote Summary Senate Floor: NA Assembly Floor: 75 Ayes; 1 Noe Senator Wyland: NA Assembly Member Waldron: Yes Support legislation that retains and/or provides local flexibility in determining how best to meet state sustainability and energy efficiency standards. This bill would authorize a local agency and housing authorities to use the brownfield remediation tools previously granted to redevelopment agencies under the Polanco Redevelopment Act. AB 440 provides that cities could take any action necessary, consistent with other state and federal laws, to remedy or remove a release of hazardous substances within the boundaries of the local agency, pursuant to the procedures specified in the bill. This bill contains other related provisions and other existing laws. AB 683 Mullin (D) Local Government: Fines and Penalties: Assessments Status: Read second time and ordered to third reading in the Senate on July 9. The dissolution of redevelopment has had many negative consequences for future development opportunities within the City of. AB 440 provides clear statutory authority, currently absent in redevelopment dissolution law, to use valuable remediation tools and reduces local government liability after mitigation efforts have been implemented. For more detailed description and analysis, refer to legislative report submitted to City Council on July 9, Location Support SUPPORT Senate NA Vote Summary: Ayes 54; Noes 22 (Assembly Floor) Senator Wyland: Not Applicable Assembly Member Waldron: No Vote Recorded Support the protection of existing local funding sources and the authorities that provide funding to the City of San Marcos. This support may include the ability to collect revenue for the use of public rights -of-way or city-owned facilities. 4 # 4.6

7 This bill would authorize a city, county, or city and county to assess any fines or penalties not paid after demand by the jurisdiction against real property owned by the person owing those fines or penalties as long as the penalties are related to ordinance violations on the real property and constitute a threat to public health and safety. This bill would also authorize a local agency to appoint a hearing officer to hear and decide issues regarding ordinance violations and the imposition of administrative fines and penalties. Author s recent amendments make special districts subject to the measure s terms. Allowing cities to use hearing officers and combine their administrative fine and nuisance abatement processes streamlines code enforcement procedures. AB 683 also closes the loop on an anomaly where cities and counties can recover their costs for code enforcement by way of lien or tax assessment but are not able to similarly enforce fines. For more detailed analysis, refer to legislative report submitted to City Council on March 26, Location Redevelopment: Assembly Not yet AB 981 Bloom (D) Watch SUPPORT Dissolution Appropriations assigned Status: In committee and held under submission on May 24. The deadline to pass bill to the Senate has passed, making the measure a 2-year bill. Staff will continue to track the measure through the next legislative session. Vote Summary: No Assembly Floor votes at this time Senator Wyland: Not Applicable Assembly Member Waldron: Aye (voiced in Committee of Local Government) Support legislation that fills the revenue gap resulting from the dissolution of redevelopment in 2012 This bill would authorize the successor As proposed, AB 981 provides that bond funds issued between January 1 housing entity to designate the use of, and and June 28, 2011 may be used for the purposes for which they were commit, indebtedness obligations proceeds issued once the Successor Agency receives a Finding of Completion that were issued prior to June 28, 2011 from the California Department of Finance (DOF). It could then use the (instead of Jan. 1, 2011). AB 981 would also bonds in a similar fashion as other pre-2011 bonds already authorized to authorize a successor agency to expend support future affordable housing projects in the City. excess bond proceeds derived from bonds issued on or before June 28, 2011 (instead of For more detailed analysis, refer to legislative report submitted to City Jan. 1, 2011). Council on March 26, AB 1333 Hernandez (D) Local Government: Contracts Oppose OPPOSE Location Senate Committee on Governance and Finance Not yet assigned Status: The bill was failed in committee and held without recommendation. It is unlikely this bill will move this year; however, staff will continue watching the bill for gut and amends. 5 # 4.7

8 Vote Summary: Ayes 43; Noes 29 (Assembly Floor) Senator Wyland: Not Applicable Assembly Member Waldron: No Oppose any legislation that preempts local authority of charter cities. Oppose statewide attempts to preempt local budgetary control or removes the ability of a local government to set its own policy. This bill would require the legislative body of a city, county or district to review any contract with a private party with a total value of $250,000 or more that contains an automatic renewal clause on or before the annual date by which the contract may be rescinded. AB 1333 would also require the review of contracts to include a consideration as to whether the private party pays at least the general prevailing rate of per diem wages for work of a similar character in the locality to its employees. AB 1333 would effectively eliminate local control over matters of solid waste collection contracts and would be an unjustified intrusion into local affairs by the legislature. AB 1333 inappropriately assumes local jurisdictions are incapable of managing their own affairs. The measure usurps current law that has purposely given local government s broad discretion to implement waste hauling and recycling programs. By removing contracting authority, AB 1333 unnecessarily encroaches into local government s ability to determine what is best for local residents. For more detailed analysis, refer to legislative report submitted to City Council on May 14, State Senate s Location SB 7 Steinberg (D), Canella (R) Public Works: Charter Cities Oppose OPPOSE Assembly Labor & Employment 8/14/2013 Status: SB 7 recently passed out of the Assembly Local Government Committee on June 26 with 6 ayes and 3 noes. The bill was referred to the Committees on Labor and Employment with a hearing scheduled for August 14. Vote Summary: Ayes 28; Noes 10 (Senate Floor) Senator Wyland: No Assembly Member Waldron: No (in committee) Local Control: SB 7 preempts local authority of charter cities. Local Finance: SB 7 removes existing local funding sources. This bill would extend prevailing wage laws to charter cities, making these jurisdictions eligible for state and federal funds only if the City has a provision or ordinance requiring contractor compliance with prevailing wage provisions on any public works contract. This bill removes local autonomy, limits the ability of charter cities to determine what works best for their communities, inflates compensation from what the free market would otherwise pay, and overturn a Supreme Court ruling that upholds the authority of charter cities to exercise control over their municipal affairs. 6 # 4.8

9 For more detailed analysis, refer to legislative report submitted to City Council on March 12, SB 439 Steinberg (D) Medical Marijuana Oppose OPPOSE Location Assembly Health Committee Status: After the author s amendments, the bill was re-referred to the Assembly Health Committee on June 27. Vote Summary: Senate Floor: 22 Ayes; 12 Noes; 5 with no votes recorded Senator Wyland: No Assembly Member Waldron: No (in Assembly Public Safety Committee) 8/13/2013 Oppose any legislation that preempts local authority. Each community has unique needs and characteristics that are best addressed by the local governing body. Oppose legislation that would limit or restrict local land use decision-making authority. Existing law, the Compassionate Use Act of 1996, provides that a patient or a patient s primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. This bill would exempt from the criminal acts and abatement of nuisance provisions described above collectives, and cooperatives, as defined. The bill would also exempt those entities and persons from criminal prosecution or punishment solely because they receive compensation for actual expenses incurred in carrying out activities that comply with those guidelines. By exempting marijuana collectives and cooperatives from specified drug crimes and local nuisance abatement actions, SB 439 is an unacceptable legislative attempt to limit local governments from bringing nuisance abatement actions under Health & Safety Code Ultimately, SB 439 restricts local autonomy, is a counterproductive limitation on local land use authority and fails to address enforcement and access issues associated with marijuana use and dispense. For more detailed analysis, refer to legislative report submitted to City Council on July 23, SB 510 Jackson (D) Land use: subdivision: rental mobilehome park conversion Support in Concept 7 SUPPORT Status: The hearing originally scheduled for June 19 was postponed by committee on June 26. Vote Summary: Ayes 21; Noes 16 (Senate Floor) Location Assembly Local Government # 4.9 Not yet assigned

10 Senator Wyland: No Assembly Member Waldron: Not Applicable Support legislation that maintains local authority. Each community has unique needs and characteristics that are best addressed by the local governing body. Currently, the Subdivision Map Act governs the division of real property into parcels or condominiums and requires that a subdivider file a tentative map for approval by a local agency. This bill authorizes a local government to disapprove the conversion of a mobilehome park to resident ownership if the required survey of park residents does not show that a majority of them support the conversion. Local legislative bodies may also enact local regulations to implement survey requirements. Federal s House NA Appropriations Transportation, Housing and Urban Development (T-HUD) Funding FY 2014 This bill clarifies the role of the mobilehome park survey and gives local governments more statutory recourse and authority during the conversion process. During the 2011 legislative cycle, the City supported a similar measure, SB 444 (Evans) that was struck down by the Senate. For more detailed analysis, refer to legislative report submitted to City Council on May 14, NA OPPOSE Location House Appropriations Committee Committee Status: The House of Representative s T-HUD appropriations committee approved the bill on June 27. The full appropriations committee mark-up is scheduled for June 27. Vote Summary: Ayes: 28; Noes: 20 Oppose restriction to or elimination of the CDBG program The Community Development Block Grant (CDBG) program was enacted in 1974 to provide block grant funding for community development programs. The program assists urban, suburban, and rural communities to improve housing and living conditions, and expand economic opportunities for low- and moderate income persons. Currently, CDBG is funded at an estimated $3.07 billion under the FY2013 Continuing Resolution (CR) which includes the five percent sequester cut. While the Obama Administration has recommended only a $289 million cut, the House T-HUD appropriations proposal includes a $1.4 billion reduction to the CDBG program. Staff recommends that the City of strongly oppose the House T-HUD appropriations proposal that would reduce CDBG funding by $1.4 billion. Considering the City has already experienced an average reduction of 7% per year to this program, reducing CDBG funding further would have a profoundly devastating impact on the community. For more detailed description and analysis, refer to legislative report submitted to City Council on July NA 8 # 4.10