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HomeMy WebLinkAbout10/27/2022 - Special Staff: Committee Members: Christian Clegg, City Manager Councilmember, Chris Parlier – Chair Councilmember, Andrae Gonzales Councilmember, Ken Weir Special Meeting of the Legislative and Litigation Committee of the City Council – City of Bakersfield Thursday, October 27, 2022 12:00 p.m. City Hall North, First Floor, Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 A G E N D A 1. ROLL CALL 2. PUBLIC STATEMENTS 3. ADOPT JUNE 21, 2021 AGENDA SUMMARY REPORT 4. DEFERRED BUSINESS 5. NEW BUSINESS A. Committee Update and Discussion Regarding Legislative Advocacy – Clegg 6. COMMITTEE COMMENTS 7. ADJOURNMENT   Committee Members Staff: Christian Clegg Councilmember, Chris Parlier, Chair City Manager Councilmember, Ken Weir Councilmember, Andrae Gonzales SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE Monday, June 21, 2021 12:00 p.m. City Hall North, First Floor, Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 AGENDA SUMMARY REPORT The meeting was called to order at 12:00 p.m. 1. ROLL CALL Committee members Present: Councilmember, Ken Weir Councilmember, Andrae Gonzales Committee members Absent: Councilmember, Chris Parlier, Chair City Staff Present: Christian Clegg, City Manager Kevin Truelson, Assistant to the City Manager Anthony Valdez, Administrative Analyst III Joe Conroy, Public Information Officer Virginia Gennaro, City Attorney Ashley Zambrano, Deputy City Attorney Stuart Patteson, Acting Public Works Director Additional Attendees: Members of the Public 2. PUBLIC STATEMENTS There were no public statements made. 3. ADOPT MARCH 22, 2021 AGENDA SUMMARY REPORT The Report was adopted as submitted. 4. DEFERRED BUSINESS A. Committee Discussion and Recommendation Regarding Ebikes– Gennaro There were seven public statements made regarding E-bikes; three in support and four in opposition of allowing E-bikes on the Kern River bike path. /S/ Christian Clegg   S:\Council Committees\2021\Legislative and Litigation\06_June\June 21 ASR Page 2 CC:mc   City Attorney Gennaro introduced Deputy City Attorney Zambrano, who provided a PowerPoint presentation summarizing the proposed ordinance amendments outlined in the E-bikes on the Kern River Trail memorandum provided in the packet in response to the Committee’s direction during their March 22, 2021 meeting. Committee member Gonzales thanked staff for the thorough presentation. Committee Chair Weir stated E-bikes are encroaching on the Kern River bike path. They will also cause damage to the path overtime and will cause long-term maintenance issues. Committee member Gonzales made a motion to present the proposed ordinance to the full City Council for approval. The motion failed with Committee member Gonzales voting yes and Committee Chair Weir voting no. 5. NEW BUSINESS A. Committee Update and Discussion Regarding Legislative Advocacy – Clegg City Manager Clegg provided a verbal presentation summarizing the proposed Legislative Advocacy Program in response to City Council’s action item within the City Council Goals. The City received five proposals in response to a request for proposals for professional legislative advocacy firms; based on the proposals and performance during the interview process, Renne Public Policy Group (RPPG) Advocacy group was selected. City Manager Clegg introduced members of RPPG Advocacy group, who provided a PowerPoint presentation on the firm’s team made up of advocates, municipal policy experts, grant writers, lawyers and former senior local government officials and full-service advocacy approach that includes document creation, analysis and grant support. Committee member Gonzales thanked RPPG for attending the meeting and providing the overview. He inquired about RPPG about their overall success metrics. RPPG representatives Sharon Gonsalves and Dane Hutchins responded that success is tailored and based on the city’s direct needs and agenda. Committee Chair Weir inquired about how RPPG would initially represent the ninth largest city of California. RPPG representative Gonsalves stated representing the city at the state level in meetings in Sacramento to continue to advocate for the city’s needs. RPPG representative Hutchins added that their firm is at full capacity to support the city’s agenda. They will continue discussions with city staff on the City Council’s agenda and goals including economic development and core industries that impact the city. Committee member Gonzales made a motion to present this item to the full City Council for consideration. The motion was approved with Committee Chair Weir and Committee member Gonzales voting yes. B. Discussion and Committee Recommendation Regarding Adoption of the 2021 Committee Meeting Schedule - Clegg The Committee meeting schedule was adopted as summitted. 6. COMMITTEE COMMENTS There were no comments. 7. ADJOURNMENT The meeting adjourned at 1:20 p.m. 1 Governor Takes Final Action on Bills Impacting Local Government On the eve of September 30, Governor Newsom issued his final legislative update—bringing the 2021-22 legislative session to a close. While the Governor signed several measures that impact local government and reduce local discretion—particularly in land use policy. He did veto a handful of measures that would have added potential liability to local governments and/or would have reduced future revenues. In addition, the Governor did enact a variety of measures that recognize the importance of effective local government implementation of state laws—approving bills that require the appropriate state department or departments to assist with local compliance, delaying implementation of previously enacted laws or extending sunset provisions on effective local programs. All told, Governor Newsom acted on 1,422 individual pieces of legislation. He signed 1,273 and vetoed 169. Below is a truncated list of key measures that have an impact on local government. Should you have any questions regarding any the measures listed, or would like to inquire on legislation not included, please contact us with any questions. Housing and Land Use AB 1445 (Levine) Planning and Zoning: regional Housing Needs Allocation: Climate Change Impacts [Chaptered] This bill Adds the impacts of climate change as a factor that a regional council of governments (COGs) may consider in developing their methodology that allocates regional housing needs. AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 [Chaptered] [Note: Measure has a delayed implementation of July 1, 2023, and sunsets January 1, 2033] Would authorize a development proponent to submit an application for a housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right and subject to one of 2 streamlined, ministerial review processes. Allows local governments to exempt parcels from the bill if the local government identifies alternative sites that can be developed by right pursuant to the by criteria of this bill, such that there is no overall loss in units, no loss in affordable units, and that the new sites affirmatively further fair housing. AB 2094 (Rivas) General plan: annual report: extremely low-income housing. [Chaptered] Requires a city or county’s annual report to include the locality’s progress in meeting the housing needs of extremely low-income households in its housing element. AB 2097 (Friedman) Residential, commercial, or other development types: parking requirements. [Chaptered] This bill would prohibit a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, that is located within 1/2 mile of public transit. The bill, notwithstanding the above-described prohibition, would authorize a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on the public agency’s ability to meet its share of specified housing needs or existing residential or commercial parking within 1/2 mile of the housing development. 2 AB 2234 (Rivas) Planning and zoning: housing: postentitlement phase permits. [Chaptered] This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects, in the jurisdiction, and to make those items available to all applicants for these permits no later than January 1, 2024. AB 2334 (Wicks) Density Bonus Law: affordability: incentives or concessions in very low vehicle travel areas: parking standards: definitions. [Chaptered] Allows a housing development project in the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Ventura, Sacramento, and Santa Barbara to receive added height and unlimited density if the project is located in an urbanized very low vehicle travel area, at least 80 percent of the units are restricted to lower income households, and no more than 20 percent are for moderate income households. SB 6 (Caballero) Middle Class Housing Act of 2022 [Chaptered] [Note: Measure has a delayed implementation of July 1, 2023, and sunsets January 1, 2033] This measure permits a housing development project as an allowable use within a zone where office, retail, or parking are a principally permitted use, so long as the parcel is not adjacent to a parcel dedicated to industrial use. Developments under this measure are not considered a “project” as defined in the California Environmental Quality Act, can be used in combination with density bonus and must use skilled and trained workforce as defined in law. SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units. [Chaptered] Adjusts the minimum ADU height limit that a local agency may impose, as follows: For detached ADUs on a lot with an existing or proposed single family, a 16 feet height limitation is allowed. For detached ADUs on a lot with an existing or proposed multifamily dwelling unit, an 18 feet height limitation is allowed. For a detached ADU within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, an 18 feet height limitation is allowed. Also, requires that a local agency must allow an additional two feet in height to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit. For ADUs attached to the primary dwelling, a height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, is allowed. Prohibits a local agency from denying a permit for a constructed, unpermitted ADU built before January 1, 2018, for various reasons. SCA 2 (Allen) Public housing projects. [Chaptered] If approved by the voters in 2024, this measure would repeal Article 34 of the California Constitution, which requires development, construction, or acquisition of publicly funded low-rent housing projects to be approved by a majority of voters in a city or county. Homelessness and Mental Health AB 988 (Bauer-Kahan) Mental Health: 988 Suicide and Crisis Lifeline [Chaptered] This would enact the Miles Hall Lifeline and Suicide Prevention Act. The bill would require the Office of Emergency Services to verify, no later than July 16, 2022, that technology that allows for transfers between 988 centers as well as between 988 centers and 911 public safety answering points, is available to 988 centers and 911 public safety answering points throughout the state. The bill would require, no 3 later than 90 days after passage of the act, the office to appoint a 988-system director, among other things. The bill would require, no later than July 1, 2024, the office to verify interoperability between and across 911 and 988. The bill would require the office to consult with specified entities on any technology requirements for 988 centers. AB 2339 (Bloom) Housing element: emergency shelters: regional housing need [Chaptered] This bill would revise the requirements of the housing element, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter standards structured in relation to residential and commercial developments and instead require that emergency shelters only be subject to specified written, objective standards. The bill would specify that emergency shelters for purposes of these provisions include other interim intervention, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care. AB 2483 (Maienschein) Housing for individuals experiencing homelessness [Chaptered] Would require the Department of Housing and Community Development, by December 31, 2023, to award incentives, as specified, to Multifamily Housing Program project applicants that agree to set aside at least 20% of the project’s units, or no more than 50% of the projects units if the project includes more than 100 units, for individuals that are either experiencing homelessness, as defined, or eligible to receive specified services, including, among others, those received under the Program of All-Inclusive Care for the Elderly. SB 1238 (Eggman) Behavioral health services: existing and projected needs. [Vetoed] Requires the Department of Health Care Services (DHCS), beginning January 1, 2024, and at least every five years thereafter, to conduct a review of and prepare a report regarding current and projected behavioral health (BH) care infrastructure and service needs in each region of the state, including barriers to meeting projected future needs and suggestions to alleviate bottlenecks in the continuum. SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court Program. [Chaptered] [Note: Delayed implantation for counties not enumerated in the description below] Establishes the CARE Act, which must be implemented by Glenn, Orange, Riverside, San Diego, San Francisco, Stanislaus, and Tuolumne Counties by October 1, 2023, and the remaining counties by December 1, 2024, subject to delays based on a state or local emergency, or discretionary approval by the Department of Health Care Services (DHCS), up until December 1, 2025. Provide that the CARE Act only becomes operative upon DHCS, in consultation with county stakeholders, developing a CARE Act allocation to provide state financial assistance to counties to implement the CARE process. Water/Climate Mitigation AB 1279 (Muratsuchi) The California Climate Crisis Act. [Chaptered] Codifies California’s carbon neutrality goals and requires a reduction of greenhouse gas emissions of 85% below 1990 levels by 2045. This bill is contingent upon enactment of SB 905 (Caballero). AB 1757 (C. Garcia) California Global Warming Solutions Act of 2006: climate goal: natural and working lands. [Chaptered] Requires the California Natural Resources Agency (CNRA) to establish a range of targets for natural carbon sequestration and for nature- based climate solutions that reduce greenhouse gas emissions for 2030, 4 2038, and 2045 to support state goals of carbon neutrality by January 1, 2024. AB 1985 (R, Rivas) Organic Waste: Recovered Organic Waste Product Procurement Targets [Chaptered] This bill creates a delayed enforcement timeline for penalties for local jurisdictions to meet their organic waste procurement targets, gives the Department of Resources Recycling and Recovery (CalRecycle) the authorization to create an adjusted recovered procurement target schedule at its discretion, and allows renewable gas procured from a publicly owned treatment works (POTW) to count towards 100% of a jurisdiction’s procurement target until 2025. SB 45 (Portantino) Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance. [Chaptered] This bill requires the Department of Resources Recycling and Recovery (CalRecycle), in consultation with the Air Resources Board (ARB), to assist local jurisdictions with complying with specified organic waste recycling programs, including related regulations and clarifies that this bill does not limit a local jurisdiction's obligation to comply with the organic waste recycling requirements. SB 905 (Caballero) Carbon sequestration: Carbon Capture, Removal, Utilization, and Storage Program. [Chaptered] This bill is tied together with AB 1279 (Muratsuchi) and establishes the Carbon Capture, Removal, Utilization, and Storage Program (CCRUS) at the California Air Resources Board (CARB). SB 1137 (Gonzalez) Oil and gas: operations: location restrictions: notice of intention: health protection zone: sensitive receptors. [Chaptered] Establishes “health protective zones” for oil and gas well setbacks, requiring an area within a 3,200- foot radius from a residence, school, community resource center, health care facility, or business that is open to the public. SB 1157 (Hertzberg) Urban water use objectives [Chaptered] This bill changes the standards for indoor residential water use beginning 2025 to 47 gallons per capita daily (gpcd) and beginning 2030 to 42 gpcd. SB 1174 (Hertzberg) Electricity: eligible renewable energy or energy storage resources: transmission and interconnection. [Chaptered] Adds consideration of transmission to some renewable and clean energy reports existing statute requires retail electricity suppliers to provide to the CPUC. SB 1230 (Limón) Zero-emission and near-zero-emission vehicle incentive programs: requirements. [Chaptered] Makes specified changes to the Clean Cars 4 All (CC4A) Program and applies new, uniform requirements to clean vehicle incentive programs in the state. SB 1482 (Allen) Building standards: electric vehicle charging infrastructure. [Vetoed] Requires access to an electric vehicle (EV) charging infrastructure for each dwelling unit with access to a parking space in a multifamily dwelling. 5 Brown Act/ Technology AB 1711 (Seyarto) Privacy: breach. [Vetoed] This bill requires that, when a person or business operating a system of records on behalf of a state or local agency is required to disclose a data breach pursuant to existing law, the state or local agency also disclose the breach by conspicuously posting the notice provided by the person or business pursuant to existing law on the agency's website, if the agency maintains one, for a minimum of 30 days. AB 2449 (Rubio) Open meetings: local agencies: teleconferences. [Chaptered] Provides that until January 1, 2026, under certain circumstances (just cause, as defined or emergency circumstances, as defined) and on a limited basis, a non-majority amount of members of a Brown Act body may utilize virtual teleconferencing without publicly noticing their location and making that location accessible to the public. AB 2647 (Levine) Local Government: Open Meetings [Chaptered] Current law, the California Public Records Act, requires state agencies and local agencies to make public records available for inspection, subject to specified criteria, and with specified exceptions. Current law, the Ralph M. Brown Act, requires the meetings of the legislative body of a local agency to be conducted openly and publicly, with specified exceptions. Current law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions. This bill would instead require a local agency to make those writings distributed to the members of the governing board available for public inspection at a public office or location that the agency designates and list the address of the office or location on the agenda for all meetings of the legislative body of the agency unless the local agency meets certain requirements, including the local agency immediately posts the writings on the local agency’s internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. SB 1100 (Cortese) Cortese. Open meetings: orderly conduct. [Chaptered] SB 1100 in certain circumstances permits the presiding member of a Brown Act legislative body, or their designee to remove or cause the removal of, an individual for disrupting the meeting. SB 1100 provides additional clarity by codifying (via intent language) the authority and standards for governing public meetings in accordance with Acosta v. City of Costa Mesa, 718 F.3d 800, 811 (9th Cir. 2013), in which the court explained that an ordinance governing the decorum of a city council meeting is not facially overbroad if it only permits a presiding officer to eject an attendee for actually disturbing or impeding a meeting. Elections/ Political Reform and Redistricting AB 1416 (Santiago) Elections: ballot label. [Chaptered] This bill requires the ballot label for a statewide measure and for a local measure, at the option of each county and if certain conditions are met, to include a listing of the supporters or opponents of the measure taken from the supporters and opponents of the ballot arguments printed in the voter information guide. AB 2582 (Bennett) Recall elections: local offices. [Chaptered] Requires a local recall election to include only the question of whether the elected officer sought to be recalled should be removed from office. Requires the office, if a local officer is successfully recalled, to become vacant and to be filled in accordance with existing law. AB 2584 (Berman) Recall elections. [Chaptered] 6 Increases the total number of proponent signatures required to be included on a notice of intention to recall a state or local elected officer. Establishes a public display period for local recall petitions and authorizes a voter to seek an order requiring the proponents' statement of reasons for the recall or the officer's answer to that statement to be amended or deleted on the recall petition. Requires a petition for the recall of a school board member to contain a fiscal estimate of the cost for conducting the recall election. Lengthens the timeframe for holding a local recall election that has qualified for the ballot in order to allow that election to be consolidated with a regularly scheduled election. SB 1131 (Newman) Address confidentiality: public entity employees and contractors [Chaptered] [Note: Urgency Clause, Taking Effect Immediately]. This bill establishes an address confidentiality (or “Safe at Home”) program for public entity employees and contractors, as provided. The bill prohibits the names of precinct board members from being listed when posting information, as specified, and requires county elections officials to make certain information appearing on the affidavit of registration confidential upon request of a qualified worker. The bill declares that it is to take effect immediately as an urgency statute. Public Safety/ EMS AB 1594 (Ting) Firearms: Civil Suits [Chaptered] Allows the California Attorney General, local governments, and survivors of gun violence to pursue legal action in California courts against gun manufacturers, importers and dealers who are irresponsible, reckless, and negligent in the sale or marketing of their products in California. AB 1682 (Boerner Horvath) Vessels: Public Safety Activities [Chaptered] Exempts vessels, including personal watercraft, clearly identifiable as lifeguard rescue vessels engaged in public safety activities from the speed limit imposed on machine-propelled vessels operating in certain areas. AB 1685 (Bryan) Vehicles: parking violations. [Vetoed] This bill would require a processing agency, if it seeks to collect an unpaid parking penalty by requesting the Department of Motor Vehicles to place a registration hold on the vehicle, to forgive at least $1,500 in parking fines and fees annually for a qualified homeless person, provide certain information regarding the parking citation forgiveness program, including on its internet website, and collect and have readily available specified information. AB 2571 (Bauer-Kahan) Firearms: Adverting to Minors [Chaptered] Prohibits firearm industry members from marketing or advertising firearm-related products to minors and authorizes public attorneys and injured plaintiffs to bring a civil action to enforce the prohibition, obtain injunctive relief, and seek either civil penalties, or, in some cases, damages for harms caused by a violation. AB 2644 (Holden) Custodial Interrogation [Chaptered] Prohibits an officer from using threats, physical harm, deception, or psychologically manipulative interrogation tactics when questioning a person 17 years of age or younger about the commission of a felony or misdemeanor. AB 1740 (Muratsuchi) Catalytic converters [Chaptered] Prohibits a core recycler from entering into a transaction to purchase or receive a catalytic converter from any person that is not a commercial enterprise, as defined, or verifiable owner of the vehicle from which the catalytic converter was removed. 7 SB 1087(Gonzalez) Vehicles: catalytic converters [Chaptered] This bill requires a traceable payment method for catalytic converters; provides that the exemption for catalytic converters received pursuant to a written agreement is only valid if the written agreement also includes a regularly updated log or record describing each catalytic converter received under the agreement, as specified; prohibits a core recycler from purchasing a catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; prohibits any person from purchasing a used catalytic converter from anybody other than certain specified sellers, including an automobile dismantler, an automotive repair dealer, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter. Revenue and Taxation AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing. [Vetoed] This converts the current state General Fund-only sales and use tax exemption for the purchase of manufacturing equipment into a full exemption, commencing on January 1, 2023, and end on January 1, 2028, at which time the bill reinstates the partial exemption. Projections from the California Department of Tax and Fee Administration estimates an annual loss in local sales and use tax at $533 million. AB 2142 (Gabriel) Income taxes: exclusion: turf replacement water conservation program. [Chaptered] [Note: Sunset date of January 1, 2028] This bill excludes any rebate, voucher, or other financial incentive received in connection with a turf replacement water conservation program from taxable income. Provides the exclusion for both Personal Income and Corporation taxpayers allowed for the 2022 through 2027 taxable years. Transportation / Public Works AB 2438 (Friedman) Transportation funding: guidelines and plans. [Vetoed] Requires state transportation programs to incorporate strategies from the Climate Action Plan for Transportation Infrastructure (CAPTI) into various transportation funding program guidelines. AB 2953 (Salas) Department of Transportation and local agencies: streets and highways: recycled materials [Chaptered] This bill, beginning January 1, 2024, requires local agencies, as defined, to apply standard specifications for the use of recycled materials in streets and highways that are at or above the level allowed in the Department of Transportation (Caltrans) specifications, to the extent feasible and cost effective. SB 922 (Wiener) California Environmental Quality Act: exemptions: transportation-related projects [Chaptered] This bill expands California Environmental Quality Act (CEQA) exemptions for specified transit, bicycle, and pedestrian projects, and extends these exemptions from 2023 to 2030. SB 932 (Portantino) General Plans: Circulation Element: Bicycle and Pedestrian Plans and Traffic Calming Plans [Chaptered] This bill requires the circulation element of a general plan to include specified contents related to bicycle plans, pedestrian plans, and traffic calming plans, and to implement those plans.