HomeMy WebLinkAbout06/08/23 LEGISLATION LITIGATION ( 03
BAKERSFIELD
THIS S 0 U N D OAF 5ahfflllj "t3&qee
Staff: Committee Members:
Anthony Valdez, Assistant to the City Manager Councilmember, Bruce Freeman -Chair
Councilmember, Andrae Gonzales
Councilmember, Manpreet Kaur
Regular Meeting of the
Legislative and Litigation Committee
of the City Council - City of Bakersfield
Thursday, June 8, 2023
10:00 a.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
AGENDA
1. ROLL CALL
2. PUBLIC STATEMENTS
A. Agenda Item Public Statements.
B. Non-Agenda Item Public Statements.
3. ADOPT APRIL 27, 2023, AGENDA SUMMARY REPORT
4. NEW BUSINESS
A. Receive and discuss Quarterly Legislative Report from staff and Renne
Public Policy Group.
(Staff recommends receive and file presentation.)
B. Committee discussion and recommendations regarding staff review of
Fireworks Education and Enforcement Review.
(Staff recommends receive and file presentation and Committee direction.)
5. COMMITTEE COMMENTS
6. ADJOURNMENT
( 03
BAKERSFIELD
THIS S 0 U N D OF 5ahf j " e
Staff: Committee Members:
Anthony Valdez, Assistant to the City Manager Councilmember, Bruce Freeman - Chair
Councilmember, Andrae Gonzales
Councilmember, Manpreet Kaur
Regular Meeting of the
Legislative and Litigation Committee
of the City Council -City of Bakersfield
Thursday, April 27, 2023
10:00 a.m.
City Hall North, First Floor, Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
Agenda Summary Report
Meeting called to order at 10:03 a.m.
1. ROLL CALL
Committee members present: Councilmember Bruce Freeman
Councilmember Andrae Gonzales
Councilmember Manpreet Kaur
City Staff: Anthony Valdez, Assistant to the City Manager
Ginny Gennaro, City Attorney
Juan Heredia, Michelle Cruz, City Manager's Office
Roel Jaime, Public Works Analyst
Paul Briones, Deputy Fire Chief
City Manager's Office Fellows
Jason Cater, Economic Development
Jennifer Byers, Assistant Economic Development Director
Kristin Muir, Economic Development
Walter Villa, Recreation and Parks
Lorraine Reza, Deputy City Clerk
Additional Attendees: Members of the public and other City Staff
2. PUBLIC STATEMENTS
a. Agenda Item Public Statements
None.
b. Non-Agenda Item Public Statements
None.
3. ADOPTION OF THE FEBRUARY 13, 2023, AGENDA SUMMARY REPORT
Motion by Councilmember Freeman to adopt the February 13, 2023, Agenda Summary
Report. Motion unanimously approved.
4. NEW BUSINESS
A. Committee Discussion and Recommendation regarding a legislative update
from the Renne Public Policy Group.
Assistant to the City Manager Valdez made staff comments, provided written
material and Sharon Gonzalves, Renee Public policy Group presented a
PowerPoint Presentation.
Councilmember Gonzales requested future reports to include a rational onto why
we are taking that position and dates of when we took position, would like to see
when the recommendation originated.
Chairman Freeman requested that presentations be given to the committee
members in advance.
Motion by Councilmember Freeman to support SB4 and AB894 for City Council action.
Motion unanimously approved.
B. Committee Discussion and Recommendation regarding Grant Process and
Legislative Funding requests.
Assistant to the City Manager Valdez made staff comments, provided written
material and Jake Whitaker, Renne Public Policy Group made comments and
presented a PowerPoint Presentation.
Councilmember Gonzales requested the report include an additional row for
award announcement date.
C. Committee Discussion and Recommendation regarding State and Federal
Funding Wish List.
Assistant to the City Manager Valdez made staff comments and provided
written material.
5. COMMITTEE COMMENTS
None.
Legislative and Litigation Committee
Regular Meeting April 27,2023,Agenda
Page 2
6. ADJOURNMENT
The meeting was adjourned at 1 1:1 1 a.m.
Bruce Freeman, CHAIR
LEGISLATIVE AND LITIGATION COMMITTEE
ATTEST:
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Legislative and Litigation Committee
Regular Meeting April 27,2023,Agenda
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May 15, 2023
To: Members of the Legislative and Litigation Committee
Christian Clegg, City Manager
Anthony Valdez, Assistant to the City Manager
City of Bakersfield
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
RE: Governor Newsom FY 23-24 State Budget Update—May Revise
The following is a topline summary of the Newsom Administration's revision of the Fiscal Year 2023-24(FY
23-24) State Budget highlighting specific areas of interest to the City of Bakersfield. In addition to the
summary below, you will also see occasional line items that have an "`PPP Note®e These are specific line
items that we have identified based on both our "Deep Dive" process as well as ongoing conversations
with agency staff.These notes indicate where there may be fiscal or policy opportunities which align with
the Administration's proposal. If there are other areas or line items of interest expressed by Council or
department heads, please do not hesitate to reach out to our team to ask questions or to request
additional information.
MAY REVISE: BUDGET UPDATE SUMMARY
On May 12, Governor Newsom held a news conference to announce the release of the Administration's
revised State Budget plan for FY 23-24.The Governor presented the revised Budget projections and took
questions from reporters on broad aspects of the Budget but declined to go into detail on some items,
leaving that for members of his team. Total spending for FY 23-24 is now projected at $306 billion. While
the Governor indicated that the Administration is not forecasting a recession, under a moderate recession
scenario state General Fund revenues could shrink up to $100 billion below May Revise projections
through FY 26-27.
As indicated in the Governor's January Budget proposal, state revenues in FY 23-24 have decreased from
FY 22-23. The deficit is now projected at $31.5 billion, which is an increase of $9 billion over the $22.5
billion projected in January. Contributing factors include declines in capital gains taxes, population loss,
high inflation, recent mass layoffs, and the impacts from the COVID-19 pandemic. Delays in tax collection
create additional uncertainties. The Administration a2.n2_u_nn. d.. earlier this year that the Franchise Tax
Board would be e.12nd.M..,g the deadline to file and pay income taxes for individuals and businesses
impacted by the 2022-2023 winter storms to October 16, 2023. State Budget estimates of the impacts of
these delays are $42 billion. Additional budgetary corrections may be necessary if the amounts collected
in October are significantly below current estimates.
During his press conference,the Governor addressed the Administration's plan to deal with the projected
deficit.The Governor announced that there will be no additional trigger reductions. However,the Budget
maintains most of the $3.9 billion in trigger reductions included in the January proposal. The
Administration has outlined the following options to help close the shortfall:
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• $1.1 billion additional reduction in spending across the 2021-22 through 2023-24 fiscal years.
Combined with the$5.7 billion in reductions and pullbacks and a$57 million adjustment,the May
Revise includes total solutions in this category of$6.7 billion.
• $695 million spending delay across the multi-year without reducing the total amount of funding
through the same period. Combined with the delays proposed in January of $7.4 billion, $8.1
billion in spending delays is spread across multiple years. Major items in this category include$295
million moved into the out-years for the Foreclosure Intervention Housing Prevention Program
(while maintaining$205 million in the current year and Budget year).
• $3.3 billion in shifts of spending commitments from the General Fund to other funds. Combined
with fund shifts of$4.3 billion and a $90 million adjustment,there is a total of$7.5 billion in shifts
to other funds. Major items in this category include $1.1 billion in Climate related investments
shifted to a proposed Climate Bond, $1.1 billion in college student housing projects with Bonds
that would need to be approved by voters, $635 million in Zero Emission Vehicle investments
shifted to the Greenhouse Gas Reduction Fund, and $1 billion in reversions from programs such
as middle class tax refunds and utility bill support for low-income residents.
• $3.7 billion in revenue and borrowing, which consist primarily of an additional $2.5 billion from
the Managed Care Organization tax and $1.2 billion in additional borrowing from special funds.
Combined with the Governor's Budget amount of$1.2 billion,there is a total of$4.9 billion in new
revenue or borrowing.
• $450 million withdrawal from the Safety Net Reserve to offset costs associated with Medi-Cal and
CalWorks. This represents half of the funds available in the reserve, leaving a balance of $450
million.
As previously mentioned, during his presentation the Governor highlighted his work with the Legislature
on two bond proposals, which would, in part, offset state General Fund commitments:
• A Behavioral Health Bond, of an unknown amount,which would include proposed changes to the
Mental Health Services Act, Prop. 63 of 2004. The Mental Health Services Act (MHSA) currently
generates approximately$3 billion annually that is allocated to counties to support various mental
health programs.The Governor is proposing to authorize funding for increasing behavioral-related
housing by 6,000 units, including housing for homeless veterans, and assisting those with
substance abuse. In a related move,the Governor is also proposing to swap$500 million in MHSA
funds to backfill a proposed General Fund deferral of$250 million to the Behavioral Health Bridge
Housing Program, along with an additional $250 million in budgetary savings.
• A Climate Resilience Bond, of an unknown amount, which would include a swap-out from the
General Fund to the Bond of$1.1 billion of funds dedicated to various climate resilience programs.
The Governor said that the Bond would also "allow us do even more in this space than was
proposed in January." With this statement, it appears that the Bond could also propose to offset
some or all of the $6 billion in proposed reductions to these programs listed in the Governor's
January budget, which reduced (from $54 to $48 billion) the commitments made to these
programs.
While shifting state General Fund commitments to bonds may be an attempt to maintain momentum on
various priorities during a deficit, the additional interest costs are significant. The May Revise states:
"When the state borrows to pay for infrastructure, roughly one out of every two dollars spent on
infrastructure investments pays long-term interest costs, rather than construction costs."
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The Governor also did not discuss two other bond related items:
• A school bond mentioned in the Infrastructure section of the May Revise: "Given the ongoing need
to construct and/or renovate educational facilities, the Legislature and Administration will need
to engage in a conversation regarding the potential placement of a general obligation bond
supporting the construction and/or modernization of education facilities on a future ballot for
consideration by the voters."
• The two proposed housing bonds pending in the Legislature, AB 1657 (Wicks) for$10 billion, and
SB 834 (Portantino) for $25 billion. Housing advocates and local governments cite the lack of
adequate funding as the key barrier to affordable housing production.
The Governor's May Revision of the FY 23-24 Budget proposal can be found MERE.
MAY REVISE BY THE NUMBERS
Total Budget: $306 billion • $224 billion general fund
• $35.6 billion in reserves
• $450 million in Safety Net Reserves
• $22.25 billion in rainy day fund
Total Deficit: $31.5 billion • $9 billion increase in deficit from the
January Budget proposal
TIMING AND NEXT STEPS
This is the first time since taking office that Governor Newsom has had to navigate such a steep revenue
decline. This growing deficit will set the stage for lengthy and spirited negotiations between legislative
leadership, advocates, and the Administration over proposed cuts and competing priorities — perhaps
more pronounced in the next year than this year's, depending on where the delayed tax receipts come in
this October.
Snapshot: Timing For the State's Budget Adoption:
• Now that the Governor has released his revised proposal, Budget subcommittees of each house
will meet and confer over specific items germane to their respective policy areas. Each House will
move to adopt its version of the State Budget leading into final negotiations with the Governor.
• Prior to the Democratic supermajority in both houses,the Assembly and Senate would convene a
Budget conference committee to resolve differences in their respective spending plans. However,
it is now more commonplace that the Administration and legislative leadership negotiate a deal
privately.
• June 15.The Legislature must vote on a balanced Budget package to send to the Governor by June
15"to adhere to the constitutional deadline.
• July 1. The Governor then has until July 1 to sign the Budget deal, which is the start of the new
fiscal year, and may line-item veto specific appropriations.
It is important to note that the constitutional deadline does not apply to Budget Trailer Bills (BTBs),which
are bills that 'trail' behind the main Budget bill for purposes of augmentation. BTBs are typically germane
to one specific policy category. However, it is commonplace that a general Budget trailer bill also referred
to as a "Budget Bill Jr"' is introduced which amends many sections of the adopted Budget. There can be
several iterations of a Budget Bill Jr in any given budget year. Due to both the state and federal extension
of the tax filing deadline, it is likely that we will see subsequent budgetary actions in the coming months
and perhaps augmentations as late as January of 2024.
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AREAS OF INTEREST TO LOCAL GOVERNMENT
While this Budget reflects just over$306 billion in spending,the Governor was clear that he has had direct
conversations with Legislative leadership about exercising restraint with respect to policies that require
funding outside of the adopted Budget. For local government this has the potential of cutting both ways.
On the one hand, policies that have an adverse impact on local governments' operations or their legal or
legislative authority may be vetoed based on budgetary constraints that come with mandating a new duty
or local program. On the other hand, this means less potential funding for local earmarks as well as the
potential that the Legislature will try to create mandated programs which are unfunded.With this in mind,
RPPG has identified the following areas of general interest to local agencies in the following categories:
1. Housing and Homelessness
2. Natural Resources
3. Transportation
4. Energy
S. Economic Development
6. Public Safety
Housing and Homelessness
While the May Revise offered several minor funding adjustments—a proposed finding swap to a homeless
program, and a new deferral and reversion to existing housing programs — the focus of the Governor's
comments at his press conference was on holding local agencies accountable to demonstrate results using
the funds that have been, and are proposed to be, allocated.
'Accountability, accountability, it's all about accountability, and that extends to housing affordability...",
the Governor said, and promised that details would be revealed in a Budget trailer bill. During his
presentation, and in responses to questions from the press, he praised the work of the Department of
Housing and Community Development's Housing Accountability Unit and the Attorney General, insisted
that 2.5 million units was a "legally binding" requirement, promised more lawsuits against local
governments would soon be filed, and declared that it was time to "clean up these damn encampments."
He dismissed press questions about local government requests for ongoing homeless funding and stated
that no Governor has focused or spent more in an effort to address the problem.
While not addressed in the press conference or in the policy sections, information included in the
Economic Outlook portion of the May Revise reveals that the state has reduced its projected housing
needs, stating that, 'As California population growth slows and projections of future growth decreases,
California is now estimated to need around 148,000 housing units permitted annually (down from the
Department of Housing and Community Development's 2018 estimate of 180,000) to keep pace with
projected population growth." The May Revise also projects current housing production for 2023 at
109,000 units which will climb to 129,000 units annually by 2026.
In the press conference,the Governor also made two other announcements with potential impacts on the
housing policy discussion:
• He is working with the Legislature on a Behavioral Health Bond, which would include
modernization of the Mental Health Services Act, Prop. 63 or 2004, which provides funding to
counties for mental health programs. The adjustments would include authorizing funding to be
used for increasing behavioral-related housing by 6,000 units, including housing for homeless
veterans, and assisting those with substance abuse.
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• He will soon unveil a permitting and procurement reform legislative package aimed at accelerating
"shovel ready" infrastructure projects (clean energy, roads, bridges, public transit, water storage
and conveyance, and faster internet),funded by over$180 billion in federal and state funds over
the next decade. The proposals, which may affect housing as well, are projected to cut timelines
by three years, save hundreds of millions, and reduce paperwork by hundreds of thousands of
pages.
Housing: In January, the Governor proposed various reductions to previously approved housing funding
totaling$600 million.These reductions are subject to potential restoration based upon a 2024 budgetary
trigger as follows:
• $200 million (out of a total of $500 million) approved for the Dream for All homeownership
assistance program for FY 23-24 at the California Housing Finance Agency.
• $100 million (out of a total of$350 million) allocated in the FY 2022-23 Budget to the CalHome
program, which provides local agencies and nonprofits grants to assist low-and very-low-income
first-time homebuyers with housing assistance, counseling, and technical assistance.
• $50 million allocated to the California Housing Finance Agency for an Accessory Dwelling Unit
program.
• $250 million to seismically retrofit "soft story" multifamily housing, where the first floor of the
structure, due to garages and other features, is vulnerable to collapse.
In the May Revise, the Governor proposed the following additional deferral and reversion:
• Defer $345 million, out of an original $500 million included in the 2021 Budget Act, for the
Foreclosure Intervention Housing Prevention Program,which provides funds to various non-profit
organizations to acquire foreclosed property and operate as affordable housing. The May Revise
proposed to defer the allocation of these funds over four fiscal years: $50 million in 2023-24,$100
million in 2024-25, $100 million in 2025-26, and $95 million in 2026-27.
• Revert $17.5 million in unexpended funding from a $25 million allocation in the 2000 Budget Act
for the Downtown Rebound Program, which provides funding for adaptive reuse of commercial
and industrial structures to residential housing.
Accompanying language in the Housing section of the May Revise continues to focus on local governments
activities and obligations related to housing: "For these investments and laws to work, local governments
must do their part—not just to comply with their state housing obligations, but to accelerate their efforts
to enable the development of equitable and affordable housing in their communities. California continues
to set requirements for local governments to meet their obligation to plan for and develop housing. The
state remains committed to providing technical assistance to communities throughout the state, enabling
them to leverage available tools to accelerate and streamline housing development. The state also
continues to find ways to accelerate housing development by providing financing and enforcing state
housing laws."
Homelessness:The May Revise maintains homeless funding allocations levels proposed in the Governor's
Budget for the following programs:
• $400 million for a third round of Encampment Resolution Grants.
• $1 billion for a fifth round of Homeless Housing, Assistance and Prevention (HHAP) grants. The
Administration maintains its intent to focus HHAP funds on highest priority needs, especially
reducing unsheltered homelessness, and to pursue statutory changes to prioritize spending on
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activities such as encampment resolution, Homekey operating sustainability, and Community
Assistance, Recovery and Empowerment (CARE)Act housing support.
Related language in the May Revise states that the Administration is continuing to engage the Legislature
in discussions about enhancing local accountability around homeless services and enhancing regional
coordination on homelessness strategies.
In addition,the May Revise proposes a funding swap that may be controversial with counties. It proposes
to shift$500 million one-time from the Mental Health Services Fund(funds which are allocated to counties
from Prop.63 for mental health services) in 2023-24, in lieu of a General Fund allocation,to the Behavioral
Health Bridge Housing Program. This program is managed by the Department of Health Care Services
(DHCS) and offers support to homeless individuals through various "bridge" housing settings, including
tiny homes, interim housing, rental assistance models, and assisted living settings.
Besides achieving some General Fund savings, this proposed funding swap offsets a proposal in the
Governor's January Budget to delay $250 million General Fund to 2024-25, thus maintaining the $1.5
billion funded in the 2022 Budget Act for this program.When questioned about this proposal by the press,
the Governor offered a series of arguments supporting the use of these mental health funds for housing,
including stating that, "[H]ousing is foundational...look what's happening on the streets, look at the crisis...I
have zero interest in the status quo ante...:'. He further noted that,"...change is uncomfortable,and change
has its enemies...we are not interested in failing more efficiently any longer."
For a recap of all housing and homeless related funding allocated by the state in recent years, including
the housing and homeless funding proposed in the Governor's January Budget, please see this recent
summary prepared by the Office of Legislative Analyst:
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Natural Resources
The May Revise continues to invest in countering carbon pollution and growing the green economy,
maintaining much of the prior year's proposed investments in the Climate Budget. However, as previously
mentioned, in his press conference the Governor doubled down on his commitment to back a Climate
Bond this year and has integrated those efforts into his Budget plan.As such, the May Revise proposes to
shift funds from programs to integrate into the Bond funding.
Maintains January Level Investments in Climate Budget
Last year,the Budget proposed $54 billion in Climate Investments.The January proposal brought the level
of investment to $48 billion, which has been retained in the May Revision with some funding shifted.The
top-level investments retained as proposed in the State's Climate Package are as follows:
• Retains$8.5 billion in overall water funding(97%retained),with all proposed investments aligning
with the State's Water Resiliencei .Portfolio and Calii�fforir�.ii�"s Water Strategy � ��ning�a a
I[�.iriieir Future that were released last August.
• Retains$2.7 billion over a three-year period to continue to address the catastrophic wildfire crisis
—over 1,200 projects have been funded to date (either completed or are currently in progress).
o The Wildfire and Forest Resiliency Task Force will be issuing a release on their progress in
the coming weeks.
• Retains most of the heat and community resilience package, including:
o $50 million for urban greening and nature-based solution projects
o $100 million for heat related vulnerabilities
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o $80 million for the CalFire Urban Forestry Project
o $110 million for Office of Planning and Research (OPR) Community Resilience Program
o $120 million for OPR Regional Resilience Program
• Maintains 89% of last year's investment with very minimal change from January's Budget for
nature-based solutions, including access to open space.
o The State's "Outdoors for All" initiative will be released in the coming days
• Retains January's proposed investment in Coastal Resilience (which is 60% of the prior year's
proposed funding).
New Investments—Flood Protection and Disaster Relief
The May Revise does propose an additional investment of$290 million to enhance flood protection and
disaster relief efforts throughout the state. This is on top of the $202 million additional flood protection
funding from the January Proposal and is in response to the multiple atmospheric rivers experienced
earlier this year and in anticipation of potential flooding as the snow melts later this season.This includes:
• $125 million in the Flood Control Account
• $75 million for the Flood Control Subvention Program (this is a local match fund for major U.S.
Army Corps of Engineers' State Plan of Flood Control Projects)
• $25 million for Small Agricultural Business Relief Grants
• $25 million in the Disaster Response Emergency Operations Account
Shifts Funding to Proposed Climate Bond
The Governor refrained from providing details at the press conference on the proposed Bond that would
incorporate $1.1 billion of proposed fund shifts, including keeping the proposed final amount of a Bond
quiet. However, the Budget detail notes specific shifts to the Bond include:
• $270 million for Water Recycling
• $160 for Community Resilience Centers
• $100 million for Transformative Climate Communities
• $100 million for Regional Resilience Program
• $100 million for Urban Greening
• $86.6 million for Statewide Parks Program
• $60 million for Sustainable Groundwater Management Act Implementation
• $50 million for Dam Safety and Flood Management
• $20 million for Multi-Benefit Land Repurposing
The Governor did note that the Administration, legislative leadership, and legislative leaders on these
specific issues continue to finalize negotiations to bring a Climate Bond to the voters to ensure continued
investment in the state's aggressive climate goals.
Transportation
The May Revise states that it will maintain $12.8 billion in transportation investments to allow the state
to include statutory changes to expedite infrastructure projects that advance California's Climate, equity,
and economic goals and maximize the state's share of federal infrastructure spending while maintaining
appropriate environmental review.
The summary document, however, contains somewhat confusing language mentioning a $2.85 billion
General Fund reduction in proposed transportation expenditures,which is partially offset by$650 million
of new state transportation funds, for a net reduction of$2.2 billion.This reflects an additional fund shift
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of $150 million as compared to the Governor's Budget. What is not clear, however, is what exactly this
language is referring to. RPPG staff will be following up with Administration officials to clarify.
Specific transportation funding amounts listed in the May Revise include:
• $5.65 billion for high-priority transit and rail infrastructure projects that will improve rail and
transit connectivity between state and local/regional services that are designed to reduce traffic
congestion and greenhouse gas production.
• $1.4 billion for Active Transportation Program projects, the Highways to Boulevards Pilot
Program, and bicycle and pedestrian safety projects.
• $1.2 billion for projects that improve goods movement on rail and roadways at port terminals,
including rail yard expansions, new bridges, and zero-emission modernization projects.
• $350 million for grade separation projects that support critical safety improvements and expedite
the movement of traffic and rail by separating the vehicle roadway from the rail tracks.
State Highway Operations and Protection Program
Caltrans will continue delivering over$20 billion worth of planned state highway repair and rehabilitation
projects over the next five years.
State Transportation and Improvement Program (STIP)
Caltrans and local partners will invest over $3 billion in projects that support the implementation of
regional Sustainable Community Strategies.
Transit
Transit agencies struggling to rebound from the impacts of the COVID-19 pandemic requested the
Administration and legislature for $5.15 billion in funding to support transit capital and operation. The
May Revise does not include funding for transit agencies and immediately after his press conference
legislative leaders stated that will be a point of contention. If passed without amendments, Newsom's
revised budget would leave transit agencies facing a $6-8 billion deficit over the next 5 years.
RPPG Note. The Transportation Budget proposes $4.2 Killian for the High-Speed bail Authority to
continue building the„l„l,9-rnile Central Valley Seg ent frorn Modern to just north of Bakersfield.
Zero Emission Vehicles(ZEV)
The May Revise maintains $8.9 billion in investments to the state's ZEV agenda—ranging from cleaning
up short-haul trucks and school buses to accelerating equitable electrification of passenger vehicles—
coupled with infrastructure and incentives for in-state manufacturing.This includes targeted investments
in disadvantaged and low-income communities by increasing access to the benefits of clean
transportation and by continuing to decarbonize California's transportation sector and improving public
health.The May Revise shifts$635 million General Fund ($500 million in 2023-24) over three years to the
Greenhouse Gas Reduction Fund.
Energy
The Governor's Budget maintained$7 billion of last year's$7.9 billion investment in a clean energy agenda
including investments in areas such as building decarbonization, transmission development, and long
duration energy storage.The May Revise proposes a one-time investment of$1 billion for programs and
projects included in the Clean Energy Reliability Investment Plan pursuant to SB 846 (Dodd) in 2022.This
plan provides justification and recommendations for clean energy investments that accelerate the
deployment of clean energy resources, support demand response, assist ratepayers, and increase energy
reliability.The plan takes into account California's anticipated supply and demand needs for near-term and
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mid-term reliability, advancement of the state's policies towards 100 percent zero-carbonandrenevvab|e
energy resources by 2045, and the state's greenhouse gas emissions reduction targets for the electricity
sectocThefina| connnnissionrepurtvvasrecent|yre|easedandcanbefound����.
RPPG Note:The May Revise reverts an additional$149.4 million&mralifommia8rnergency Relief Funds in
2022-23 to the General Fund, based on updated samings,figumes.frommthe Ca&ifommiaAmreamage PaWnent
Program due to actual applications received and approved for funding. This program addressed
residential utility arreamageoaccrued during the COVID-19 Pandemic through December 31,2022.
Economic Development
The May Revise continues tusupport the proposals in the Governor's January Budget to:
° Extend the existing film and television tax credit by five years at$330 million annually.
" Offer additional incentives for semiconductor manufacturing, inc|udin8 $1ZD million in targeted
California Competes Grants,and removing geographic limitations associated with the existing New
Employment Credit.
|n addition,the May Revise proposes the following:
° Allocate $23.5 million federal funds, to be spent over 5 years, for the Office of the Small Business
Advocate to provide technical assistance to small businesses, including businesses owned by
socially and economically disadvantaged individuals, applying for State Small Business Credit
Initiative capital programs.
° Make other statutory changes to extend the sunset date on several programs administered by the
Office of the Snna|| Business Advocate to a||ovv additional time for grant awards and program
closeout activities.
° Allocate $35 million one-time General Fund (fora total of $1U0 million) to the California Small
Agricultural Business Drought Relief Grant Program to provide direct assistance to eligible
businesses affected by recent storms.
* Reduce $SO million in funding that was previously allocated to the California Small Business
COV|D'19 Relief Grant Program' given that there will be an additional amount remaining after all
grants have been awarded.
° Restore $30 million for workforce training for women in the construction sector, and another
$49.3 million for public heath workforce training, which were proposed to be deferred in the
Governor's January Budget.
° Rea||ocate $Z5O million tothe City of Fresno, out of $3O0 million originally proposed in the
Governor's Budget to be allocated to small counties with high rates of unemployment and poverty.
The reallocated funds would be used to support the City of Fresno's Public Infrastructure Plan to
invest in the downtown area.This plan includes projects to build parking structures,develop green
space, improvevva|kabi|ity, and build water infrastructure.
Local agencies should closely review the Governor's permitting and procurement reform package when it
is released for potential applicability to local projects and review the contents of the proposed Climate
Bond for potential opportunities.
Public Safet
The May Revise includes $1.3 billion in funding, of which $401.6 million is from the General Fund, to
support the Department of Justice (DOJ) to enhance public safety, including $269 million to address the
fentanyl crisis.Those DOJ fund adjustments of local agency interest include:
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• 10 million one-time funding to provide security assistance to nonprofit organizations at risk of
hate-motivated violence, which includes the Asian American Pacific Islander, LGBTQ+, Black,
Latinx, and Jewish communities. Security enhancement projects include reinforced doors and
gates, high-intensity lighting and alarms, and other security-related improvements.
• $25 million for the Local Law Enforcement Gun Buyback Grant Program at the Board of State and
Community Corrections.
• $112.9 million savings for Proposition 47.
• $9.3 million for county probation departments to supervise the temporary increase of individuals
on Post Release Community Supervision as a result of Proposition 57 credit earning opportunities.
• $400 million budgetary loan from the Litigation Deposit Fund to the General Fund in 2023-24 to
assist in closing the projected statewide budgetary shortfall and to ensure the submission of a
balanced budget plan. This proposal also includes statutory changes to authorize this budgetary
loan from idle resources not required for currently projected operational or programmatic
purposes.
• $1.9 million($702,000 General Fund and$1.2 million various Special Funds) in 2023-24, increasing
to $4 million ($1.5 million General Fund and $2.5 million various Special Funds) in 2026-27 and
ongoing to collect, store, and process electronic discovery information related to litigation.
• $6.4 million in the Dealers Record of Sale Account in 2023-24 and$1.5 million ongoing to continue
the Project Approval Lifecycle process and address ongoing workload pertaining to the Firearms
Information Technology System Modernization Project. The May Revise includes an additional
$1.1 million ongoing to update cost estimates to continue the Project Approval Lifecycle process
and for additional workload pertaining to the Project.
• $1.7 million in ongoing General Fund to process workload and provide system support and
maintenance to implement Chapter 541, Statutes of 2017 (SB 384), which established a tiered
system for sexual offenders and specifies registration timelines and criteria for each tier.
• $141.3 million in the Opioid Settlements Fund over four years for the Department of Health Care
Services to support the Naloxone Distribution Project,for a total of$220.3 million over four years.
Additionally,the May Revision includes$30 million one-time Opioid Settlements Fund in 2023-24
to support the development of a lower cost, generic version of a naloxone nasal spray product
through the Call Naloxone Access Initiative at the Department of Health Care Access and
Information.
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June 1, 2023
To: Members of the Legislative and Litigation Committee
Christian Clegg, City Manager
Anthony Valdez,Assistant to the City Manager
City of Bakersfield
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
RE: Legislative Summary—May 2023
MAY A WHIRLWIND OF ACTIVITY AS LAWMAKERS RUSH TO MEET DEADLINES
May was a month of fiscal and legislative deadlines for the Administration and Legislature. The May
Revision to the January FY 2023-24 Budget Proposal was released by Governor Newsom on May 12. The
last day for policy committees to meet prior to June 5 was May 12,while the deadline for fiscal committees
to hear and send bills introduced in their house to the Floor was May 19. After committee meetings
resume on June 5, bills must pass both houses of the Legislature by September 14 in order to advance to
the Governor's desk, where they will be approved or vetoed by October 14.
As of May 31, approximately 2,000 pieces of legislation of the more than 2,900 introduced since the start
of the session continue to make their way through the legislative process. From June 5 onward, we can
expect to see more to be halted in policy and fiscal committees,as well as on the Floor. For reference, last
year just over half— around 1,100 — of the more than 2,000 measures introduced made it all the way
through both houses, with the Governor signing 997 bills into law and vetoing 169 bills.
RPPG MONTHLY LEGISLATIVE ACTIVITY
RPPG continues to review priority bills during regularly scheduled check-ins with City staff,to provide draft
content for Council to consider, to craft talking points for meetings with legislative representatives and
agency officials, to testify in committee on the City's behalf when appropriate, and to conduct meetings
with key legislative offices as appropriate.
May Revise
On May 15, RPPG sent the City a memo titled "RPPG—Bakersfield 23-24 May Budget Revise Summary'
which provided an extensive update on the May Revision package. As stated in the memo, total State
Budget spending for 2023-24 as projected by the Administration is now$306 billion, a $9 billion increase
over the January Proposal, with a deficit of $31.5 billion, also a $9 billion increase over the January
Proposal. RPPG will send a final 2023-24 Budget update for the year once it is finalized.
On May 23, the Legislative Analyst's Office (LAO), which provides fiscal and programmatic expertise and
nonpartisan analyses of the State Budget to the State Legislature, ir'l' se_d.a Budget outlook report. The
report is an independent assessment of the condition of the General Fund Budget through 2027 and uses
LAO forecasts of revenues and spending. The LAO projects that the 2023-24 Budget deficit will be $34.5
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billion,compared to the$31.5 billion that the Administration has projected,due to a combination of lower
revenue and higher spending than the Administration is expecting.The LAO's analysis projects:
• It is very unlikely the State can afford the May Revision spending levels.
• Most multiyear one-time and temporary spending commitments are no longer affordable.
• A combination of reserves and reduced one-time spending can extend Budget capacity for the
State to sustain core, ongoing programs.
The LAO's projections are at odds with the Administration's, and RPPG will closely monitor this difference
going forward.
New Flood Investment Proposals
Governor Newsom _.D.Q..u.in ed on May 11 that his revised Budget proposes an additional $290 million to
"support flood response and projects to protect communities from future floods", which is on top of the
$202 million proposed in January and thus brings the total one-time funding for such projects to $492
million. The Governor also announced that the State is providing funding to raise a levee in the City of
Corcoran in Kings County that's critical to maintaining public safety in the Tulare Basin region.
Suspense File
On May 19, RPPG sent the City a memo titled "RPPG—Bakersfield May 2023 Suspense File Memo" which
summarized the outcomes of the Suspense File hearings that were held for the Assembly and Senate
Appropriations Committees. Of the 1,171 bills in both houses that had been scheduled to be heard on
May 18, 860 passed their Committees and four were postponed as two-year bills, which indicates a
commitment to continue negotiations and move in the next year of session.The remaining 307 bills were
held under submission, which means they are not moving. The 860 that made it out of Appropriations
must now pass the Floor of their House of Origin by June 2,after which the entire process begin will again
in the second house (meaning Assembly bills will all go through the policy and fiscal committee process in
the Senate and vice versa).
Update on Positioned Legislation
RPPG is closely monitoring the following bills on which the City has positioned.
• AB 33 (.gins.) g..Many) ddctiilon and Overdose Prevention Task Force
.. ... .. .................... _ : ......._..............................................................................................................................................................................
o Status: Senate Rules
o City Position: Support
• AB 474 (Iftodiril uez) State >rlhireat Asse.s.simeint Ceinteir: tirainsinatiloinall cirilinilinaV oU�ainuzation.s
................................... .......................................................................s.......................................................................................................................................................................................................
o Status: Senate Rules
o City Position: Support
• AB 675 Soirila Contirolllled substances
.............................. ............................................................................
o Status: Died in committee
o City Position: Pending Support
• AB 701. (�CVIVa udua ControlVed .sub.stance.s: fentan V
..........................................................
o Status: Senate Rules
o City Position: Support
• AB 894 (I{�airll<ding it puir im n s. slh d..a........... irlkiiing
o Status: Senate Governance and Finance
o City Position: Pending Support
• B 1..708 I�uiratsuclhil
.................................................................................................... . .....
o Status: Died in committee
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o City Position: Support
• S.IE3...._4......Wileiner......f ll_�.in.in.itn....._aEnd.....za.in�.itEnn;. Ihou,usilin devellopmeint: Ihilglher education ilnstitudons and
ireII.iE iiouas...iiEnst.iitptiio2.s
o Status: Assembly Rules
o City Position: Pending Support
• Sll 1.4 GGrovej Serilovus freloir�iles: Ihuuirrrnain traf�ilcleiing
............................................................................................................................................................................................................................
o Status: Assembly Rules
o City Position: Support
• 5.�...._ : ....� .gg _ ..j.._!�g.havuoral heaVth
.................._...............................
o Status: Assembly Rules
o City Position: Support
• S13 303 I man 6 acoVotues for un altienit and residentiall mental health and substance use disorder:
.........................................gg.....................j.......................................................................p..........................................................................................................................................................................................................................................................................................................
database
...........................................
o Status: Assembly Rules
o City Position: Support
• SIE: 423 Wilener Il..aind use: streamlined Ihou.silin a irovalls: mulltifairnnillly._Ihou�siln devello rneil
.................................................................................................................................................................................................................. pp g............:..........:..........t?
o Status: Assembly Rules
o City Position: Oppose
• SIl Land use: ecoinoimilc develloinEm Ent...._suar Il_ps...11a n_d
....... ........
o Status: Assembly Rules
o City Position: Support
Priority Bills
RPPG has tagged 111 bills for the City as "priority," which may be of potential interest or may impact the
City's operations or priority issues, per the legislative platform.We will continue to bring bills of potential
interest to staff for the City's review in the coming weeks.
ASSEMBLY JOINT INFORMATIONAL HEARING ON FENTANYL
On May 24, the Assembly Health Committee and the Assembly Public Safety Committee held a joint
informational hearing on the fentanyl crisis. While no formal actions are taken during informational
hearings, the major themes, committee member comments, specific panelists used, and overall tone of
the conversation all play a key role in assessing which major policies will be looked to be advanced during
the 2023-24 legislative session.
At the hearing, 14 witnesses testified on several panels over a period of more than four hours on the
dramatic rise in fentanyl overdoses and deaths over the past 10 years, in California and across the United
States, and what should be done to address this crisis. The panels included law enforcement
representatives, healthcare professionals,state and local officials, substance abuse specialists, and family
members of victims of fentanyl. Although other controlled substances were mentioned at the hearing by
legislators and by panelists,the overwhelming focus was on fentanyl.
Nearly all non-law enforcement panelists and a majority of Democratic committee members were against
increasing penalties for low level drug offenses, while most Republican committee members pushed for
legislation designed to deter dealers and users of fentanyl.There was general agreement that there needs
to be increased enforcement against the "big players" and more overall funding to address this complex
issue, as well as widespread agreement that availability of overdose antagonists such as naloxone needs
to be increased.
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Informal Proposals Mentioned at the Hearing
• Provide economic incentives to disincentivize drug dealers, as has been attempted in some out of
state cities.
• Increase cooperation between health officials and law enforcement
• Require training in addiction for healthcare workers and police officers.
• Move addiction treatment into the mainstream healthcare system.
ADMINISTRATION ACTIONS
Department of Health Care Services Announcement
The Department of Health Care Services (DHCS) glnno..u..n. ed on May 11 that they had launched a
pi_j In_gE,.V.hi . with national nonprofit Shatterproof and Blue Shield of California "to help combat the
substance use crisis, keep Californians safe, and provide recovery resources to those in need." The
Department is investing more than $450 million in various opioid prevention and treatment grant
activities in fiscal year 2022-23.
Executive Order N-8-23 on Infrastructure
Governor Newsom held a press conference on May 19 in Stanislaus County to _.D.2 _.ge. new proposals
"to facilitate and streamline project approval and completion to maximize California's share of federal
infrastructure dollars and expedite the implementation of projects that meet the state's ambitious
economic, climate, and social goals." The Governor was accompanied by the CEO of NextEra Energy,
Senator Marie Alvarado-Gil, who represents the area, former Mayor of Los Angeles Antonio Villaraigosa,
the State Director of Environment California,an environmental nonprofit,and representatives from labor.
The press conference can be viewed Ihn gll
In conjunction with the press conference, the Governor signed an 'escecua uve oirdeir "to accelerate clean
infrastructure projects across the state by implementing an all-of-government strategy for planning and
development."The Governor stated these infrastructure proposals are an addition to the Administration's
efforts to reform the California Environmental Quality Act (CEQA). As part of this effort, the Governor
announced at the press conference that he will be unveiling a package of 11 budget trailer bills to
implement his infrastructure proposals.Ten of those were..�V a.s�d following his address and are bulleted
below:
1. c eatu_n Environmerntal Mtiation for"rrans ortatle. 7
o Streamlines the implementation of environmental mitigation measures for the efficient
delivery of the California Department of Transportation's (Caltrans) projects.
2. IF.Adm.uu�_us. Ea..tume._ e. a f .
o Clarifies and streamlines procedures related to the preparation of the public record for
the judicial review of level challenges brought under the California Environmental Quality
Act (CEQA) in order to reduce the litigation time.
3. CIE...............:J u cull tre rnj1 j.ng
o Provides for expedited judicial review of challenges to certain water,transportation,clean
energy, and semiconductor or microelectronic projects under CEQA.
4. Delta (Reform Act Refinement
.............................................................................................................................................
o Makes refinements to the Delta Reform Act that will streamline certain review processes
so "Delta Plan projects can be planned, permitted, and built faster while protecting the
environment."
S. Direct oirn�m��.�gir� ._ �,u.1�2ir ty...:foir 11-15 ldlif _ irossiirn s
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o Authorizes Caltrans to directly contract to construct three wildlife crossings over
Interstate 15 (1-15) as part of the Brightline West high-speed rail project between
California and Nevada.
6. Reclassification o6._F�ul�.y.._P�ro�ec.�gd...S ecies
o Repeals the four existing statutes designating species as"fully protected"under California
law and would reclassify the 37 fully protected species so that 15 will be listed as
threatened under the California Endangered Species Act (CESA), 19 will be listed as
endangered under CESA, and three will have no listing status and would retain the
protections afforded to species generally under the Fish and Game Code.
7. Green.._ urnk IF6na�n�u.im
o Allows IBank and Department of Water Resources to access and utilize federal funding
provided in the Inflation Reduction Act to finance projects that reduce greenhouse gas
emissions.
8. 12.1b Order Coumtiractiu�, Calltirans
...................................................................................................
o Authorizes Caltrans to use the job order contracting method to complete routine
transportation projects and maintenance work quickly and easily.
9. D...........IS ._ �siunment foir Rail IPro
o Removes the current sunset provision and permanently authorizes the consent of
California to the jurisdiction of federal courts and waiver of immunity by the California
Transportation Agency (CaISTA) with regards to the performance of certain federal
environmental responsibilities under the National Environmental Policy Act (NEPA).
10. Rro ressive Deli n Build Au�tho�rit _De a�rtu�roent of Wateir Resources and Cal-trans
o Allows the Department of Water Resources(DWR)and Caltrans to establish a progressive
design-build pilot program until 1/1/2031.
On May 25,the Senate Budget Subcommittee on Resources, Environmental Protection and Energy voted
3-0 to temporarily shelve the Governor's trailer bill package. According to the Committee, there was not
enough time to consider the Governor's complex proposals before the House of Origin deadline on June
2. Regarding the decision, Committee Chair Senator Josh Becker said, "The overwhelming agreement is
that we need to build clean faster and cut green tape. That's been a legislative priority for me and will
continue to be a legislative priority. Although today we are rejecting the governor's trailer bill proposals
based on process, as seven days is insufficient to vet the hundreds of pages of policy nuance in these
proposals, we look forward to working with the administration on all of these critical issues." The
Assembly deferred the proposals to informational hearings to be held on June 5 and 7.
Approved Budget Trailer Bill Legislation
Governor Newsom sii i�d several early action Budget trailer bills on May 15, including:
• AB 1.00 1Bin -D
o This bill amends portions of the 2021 and 2022 Budget Acts, including changes to
CalRecycle, California State Preschool Program, Program for All-Inclusive Care for the
Elderly, Inmate Welfare Fund, and Office of Data and Innovation.
• AB :i.i.0 (�alM.ittee...on ll3usud' �.)....................................... ..... .._......_....
o This bill authorizes the California Department of Education (CDE) and Department of
Social Services (DSS) to use available federal funds to provide temporary stipends to the
California State Preschool Program and state-subsidized childcare program providers.
Also extends the waiver of family fees for state-subsidized childcare programs and the
California State Preschool Program from July 1, 2023,to September 30, 2023.
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• AB I....J. (Coirnmittee on Budget
o This bill provides tax relief to Californians who had student loans or fees discharged as
part of financial relief to individuals impacted by economic hardships from the COVID-19
Pandemic. Exempts from state income tax Community College fees discharged under the
COVID-19 Emergency in taxable years 2022 through 2026. Clarifies that Higher Education
Emergency Grant funds received by students in postsecondary education to support
expenses and financial needs of students related to the COVID-19 pandemic are not
subject to state income tax in taxable years 2020 through 2027.
LEGISLATIVE TIMING AND KEY DATES
• June 2, 2023 Deadline for bills to pass their House of Origin
• June 15, 2023 Legislature must pass the FY 23-24 Budget
• June 30,2023 Governor Newsom must sign the FY 23-24 Budget
• July 17-August 11 Summer Recess
• September 14 Last day to pass bills—2023 session ends
• October 14 Last day for Governor to sign or veto bills
6
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oo
AK RSFIEL
Grant Activity Report: June 2023
® r r
Proposals submitted with assistance from RPPG.
Grant Proposals—In-Progress
Energy Efficiency and Formula funding
Conservation Block EPA $379,310 7/31/2023 Paul A. allocated for
Grant Bakersfield.
Climate Pollution Formula funding
Reduction Grant EPA $1,000,000 7/31/2023 Anthony allocated for Bakersfield
for planning.
Funding to support local
Medium scope: law enforcement
Up to $6,125,000 agencies in preventing
Organized Retail Theft BSCC 7/7/2023 Alex M. and responding to
Prevention Grant Large scope: organized retail theft,
Up to motor vehicle or motor
$15,650,000 vehicle accessory theft,
or cargo theft.
Transformative Climate Developing proposal for
Communities— Round 5 SGC $29,500,000 8/1/2023 Jason C. Southeast Strong
initiative.
RENNE PUBLIC POLICY GROUP 1127 11th Street,Suite 300,Sacramento,CA,95814 1 www..aubicpohcygroup.corn
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Upcoming Funding Opportunities—Vetting
///
Late Potential project for SR
Highways to Boulevard Summer/ 204 conversion to
Program
Caltrans TBD Early Fall Gregg support HSR station.
2023 Call for Projects in Late
Spring/Early Summer.
Statewide Park CA Dept. of Cancelled this year.
Development and Maximum of Rick&
Parks and TBD Anticipated application
Community Rec $8,000,000. Walter cycle in 2024.
Revitalization Program
Range of$5M - Potential opportunity
Community Resilience Late Spring Rick&
Centers SGC $10M for 2023 Walter for MLK Park Master
implementation. Plan.
Program established
Outdoor Recreation NPS $300,000 - TBD Rick& through the Land and
Legacy Partnership $10,000,000 Walter Water Conservation
Fund.
CA Dept. of Potential opportunity
Land and Water Parks and TBD 2024 Maximum of Rick& for MLK Park Master
Conservation Fund Rec $6,000,000. Walter Plan. Looking to apply
in 2024.
Public Works and Potential opportunity
Economic Adjustment EDA TBD Ongoing Jason & to support economic
Assistance Jenni development goals and
CEDS strategies.
Flood Mitigation Second funding
Assistance FEMA TBD TBD TBD opportunity for flood
risk mitigation projects.
Preparing for FY 24
Active Transportation cycle. City currently
Program
CalTrans TBD TBD Gregg undergoing planning
process for active
transportation needs.
RENNE PUBLIC POLICY GROUP 1127 11th Street,Suite 300,Sacramento,CA,95814 1 www..aublicpohcy�roup.com
JRPPG.
INN-INS
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Pending Grant Submissions
Mmt/
Emergency Medical
Submitted application
Services Program
OTS $267,182 1/31/2023 Unknown for battery-powered
extrication equipment.
Submitted vehicle
Assistance to FEMA $1,436,523 2/7/2023 Summer/ acquisition application
Firefighters Grant Fall 2023 for a new Heavy
Rescue Vehicle.
Rebuilding America Applying for funding
with Sustainability and U.S. DoT $10,000,000 2/28/2023 June 2023 for Chester Avenue
Equity (RAISE) Complete Streets
project.
Pending Budget/Earmark Requests
Funding for complete
streets improvements
Community Project Rep. Federal to MLK Blvd. between
Funding Valadao $5,000,000 3/15/2023 Budget California and
Adoption Brundage. Has been
forwarded to
Appropriations.
Federal Funding for MILK Park.
Community Project Funding Rep. Padilla $3,000,000 3/3/2023 Budget Has been forwarded to
Adoption Appropriations.
Grant Awards
FE
Fiscal Year 21-22
Funding will support
Youth Workforce CA City Hall Fellowship
Development Program Volunteers $5,354,257 12/31/2021 March 2022 program. RPPG
assisted with proposal
development.
RENNE PUBLIC POLICY GROUP 1 1127 11th Street,Suite 300,Sacramento,CA,95814 1 www..aublicpohcy�roup.com
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Rcnne Pu dic Pc1icy Crou0'
Funding will support
the Garces Memorial
Clean California Grant Circle Enhancement
Program Caltrans $1,491,250 2/1/2022 March 2022 project. Proposal
reviewed by RPPG
prior to submission.
$2,950,000 Proposal for H Street.
Active Transportation Caltrans January Prepared by Bruce.
Program (Original ask: 6/15/2022 2023 Partially funded by
$8,454,000) Kern COG.
Submitted application
for Citadel project
with enhanced tree
Urban Greening CNRA $1,419,099 3/28/2022 March 2023 planting and
Program reactivation of the
abandoned soccer
field adjacent to MLK
Jr. Elementary.
Fiscal Year 22-23
Submitted to fund
Water and Energy U.S. BoR $497 117 7/28/2022 April 2023 Automated Metering
Efficiency Grants Infrastructure (AMI)
installations.
Funding availability
Homeless Housing, supported by lobbying
Assistance, and January efforts undertaken by
Prevention (HHAP)— CaIICH $4,283,320 11/29/2022 2023 Big City Mayors and
Round 4 RPPG on behalf of the
City of Bakersfield.
Submitted/Not Funded
0000000000,>
Assistance to December Submitted application
Firefighters Grant FEMA $1,207,955 12/17/2021 2022 for an Urban Search
and Rescue Rig.
Active Transportation Caltrans $9 940 944 6/15/2022 January Proposal submitted
Program 2023 for Arvin-Edison Canal.
RENNE PUBLIC POLICY GROUP 1127 11th Street,Suite 300,Sacramento,CA,95814 1 www..aubicpohcy�roup.com
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Reviewed/Not Pursued
EE
WIN
i i
/
0
/ , , of
Unable to complete
Organics Grant Program CalRecycle TBD 4/20/2023 Renee
project scoping within
the time constraints of
the grant solicitation.
Explored opportunity to
apply for
Monterey/Niles
Clean California Local Corridor project. City
Grant Program Caltrans TBD 4/28/2023 Gregg will instead implement
pilot project and
prepare for future
funding opportunities.
Funding opportunity did
CRISES Pilot Program CDSS TBD 7/17/2023 TBD not align with concept
for co-responder model
for DV cases.
Infrastructure for Explored Hageman
Rebuilding America U.S. DoT TBD Spring 2023 Gregg Flyover application.
(INFRA) Revisit for FY 24.
Water Department
Notices of indicated interest at
Hazard Mitigation CIVIC) 1/19 meeting.
Assistance Grants FEMA TBD Interest due TBD 5/10/2023 Related to recent
flooding and water
infrastructure.
RENNE PUBLIC POLICY GROUP 1127 11th Street,Suite 300,Sacramento,CA,95814 1 www..aubicpohcy�roup.com
BAKERSFIELD
THE SOU
MEMORANDUM
June 8, 2023
TO: LEGISLATION &LITIGATION COMMITTEE
Bruce Freeman, Chair
Andrae Gonzales
Manpreet Kaur
FROM: John Frando, Fire Chief
SUBJECT: Fireworks Education/Enforcement Review
This item is in response to a Referral made by Council Member Smith at the August 17, 2022 Council meeting.
BACKGROUND
At the August 17, 2022 Council meeting, Council Member Smith requested information about fireworks usage in
the city and enforcement efforts regarding illegal fireworks. Fire Department staff has reviewed the topic in
response to Council Referral and a presentation will be provided to the Committee.
RECOMMENDATION
Staff recommends that the Committee receive and file the presentation and Committee direction.
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Senate Bill 4 — Affordable Housing on with Wds Aat PLACE' ON f`ILE
:an T 4f-L MEETING OF
SUMMARY
building the affordable homes Californians need.
Senate Bill 4 provides a streamlined process for Further, the rezoning process opens up the
religious organizations and nonprofit colleges to affordable housing development to significant
develop affordable housing on their property risk and unpredictability in the approval process
regardless of local zoning restrictions. as there are more avenues for lawsuit and appeal.
BACKGROUND SOLUTION
Faith-based organizations have a long history of Senate Bill 4 streamlines the building process for
partnering with nonprofit developers to build faith-based institutions and non-profit colleges
affordable housing. Often, these religious that want to build affordable projects for low-
organizations have excess land that they make income families by allowing them to build
available for affordable housing developments. multifamily housing, regardless of local zoning
The Terner Center estimates that roughly 38,800 restrictions. This proposed legislation also
acres of land currently owned by religious guarantees by-right approval of projects so long
institutions has potential for development. as they are consistent with all objective standards
of the jurisdiction and comply with listed
In addition to faith-based organizations, other environmental protections.This approval process
non-traditional players with surplus land, such as ensures that the California Environmental
nonprofit colleges, have also stepped up to Quality Act (CEQA) cannot be misused against
provide affordable housing solutions for their these projects. CEQA is a critically important
students, faculty, and others in the community. law for protecting the environment from projects
such as refineries that pollute natural resources
Affordable housing development is limited both and jeopardize health, especially for historically
by available funding as well as land-use marginalized and underserved populations.
restrictions that prohibit all residential uses at However, each step of the CEQA process is
densities adequate for affordable housing subject to appeals and lawsuits that can increase
development. project costs. It's not unusual for it to take three
to four years and millions of dollars to resolve a
single lawsuit, while appeals regularly take six
PROBLEM months to resolve.
Unfortunately, many of these faith-based Equally important, this Act will help our state's
organizations and non-profit colleges are located construction workforce rise and thrive.
in areas that are not zoned to permit multifamily Construction workers will be protected by the
housing. This means that the religious institution requirement to pay prevailing wages on projects
and affordable housing developer partner have to with over 10 units. On projects with at least 50
rezone the land, which is a tricky process that units, contractors must offer apprentices
costs money and can cause long delays in employment and pay for health care for
SB 4 Fact Sheet—3.14.23
construction workers and their dependents. This - International Union of Operating
creates an economic base and new opportunities Engineers, Cal-Nevada Conference
for construction workers and provides our state - Housing Action Coalition
Wit the highly skilled,Workforce it needs to build - Many Mansions
I h - Abundant Housing Los Angeles
our ffiturd" - Peninsula Solidarity Cohort
The faith-based organization or nonprofit college - Making Housing and Community
must agree to maintain the affordability of these Happens
- Move LA
homes to households below 80 percent of the area - East Bay Housing Organizations
median income for at least 55 years for rental - Greenbelt Alliance
housing and 45 years for homeownership - PLACE Initiative
opportunities. If a project is located in an area - Climate Resolve
zoned for residential use, it must be allowed a - Council of Infill Builders
density deemed appropriate for lower income - BEST Techs Contracting
households per housing element law. If located - Con-Com-T, Inc.
- Passive House California
in a commercially zoned area,the project may be - Sustainable Claremont
up to 40 units per acre, and a height of one story - All-Electric California
above the maximum height applicable to that - East Bay Asian Local Development
parcel. Corporation
- MidPen Housing Corporation
This legislation would make building affordable - Finn Foundation Community Housing
housing easier, faster, and less expensive for - San Pedro United Methodist Church
faith-based institutions and nonprofit colleges in - San Francisco Foundation
a broad range of communities across California. - YIMBY Action
- Grow the Richmond
Many of these institutions are already - Mountain View YIMBY
community anchors,and this will help them build - Napa-Solana for Everyone
stable, safe, affordable housing for local - Northern Neighbors
residents and families. - East Bay for Everyone
- Peninsula for Everyone
SUPPORT - Progress Noe Valley
- San Francisco YIMBY
- Non-Profit Housing Association of - Santa Cruz YIMBY
Northern California (NPH) (Sponsor) - Santa Rosa YIMBY
- Southern California Association of - SLOCo YIMBY
Non-Profit Housing(SCANPH) - South Bay YIMBY
(Sponsor) - South Side Forward
- Jewish Public Affairs Committee of - Urban Environmentalists
California (JPAQ (Sponsor) - People for Housing Orange County
- California Conference of Carpenters - How to ADU
(Sponsor) - Community Coalition
- Inner City Law Center(Sponsor) - Generation Housing
- United Way of Greater Los Angeles - PATH (People Assisting the Homeless)
- SEIU California - City of Emeryville
- California School Employees - City of Berkeley
Association - Muslim Public Affairs Council
- California State Council of Laborers - Multi-Faith Action Coalition
- St. Francis Center of Redwood City
- St. Mark's Episcopal Church
SB 4 Fact Sheet—3.14.23
- San Francisco Bay Area Planning and - Unitarian Universalists of San Mateo
Urban Research Association (SPUR) - Congregational Church of San Mateo
- City and County of San Francisco - Destination: Home
- San Francisco Mayor London Breed - Novin Development
- California Community Builders - First Congregational Church of Palo
- Los Angeles Family Housing Alto, United Church of Christ
- Santa Monica Forward - The People Concern
- Active San Gabriel Valley - Faith and Community Empowerment
- Merritt Community Capital Corporation - San Gabriel Valley Consortium on
- Walnut Creek Homeless Task Force Homelessness
- Union Station Homeless Services - Jewish Federation of the Sacramento
- Jewish Free Loan Association Region
- IKAR - Housing Opportunities Made Easier
- HOPICS - LA Voice
- Episcopal Diocese of Los Angeles - Peninsula Sinai Congregation
- Faith Action for All - California YIMBY
- Island United Community Church, - All Home
Foster City - Ascencia
- Congregational Church of Belmont - Silicon Valley Community Foundation
- Housing Leadership Council of San - Community Economics, Inc.
Mateo - Long Beach Gray Panthers
- One San Mateo - Presbytery of the Pacific
- Venice Community Housing - Mercy Housing
Corporation - Burlingame United Methodist Church
- Jewish Family&Community Services - Trinity Baptist Church of San Mateo
East Bay - Wakeland Housing and Development
- Skyline Community Church, United Corporation
Church of Christ - Our Future Los Angeles
- Congregational Church of San Mateo - Bay Area Community Health Advisory
- Congregation Beth Am Council
- Woodside Road United Methodist - Jewish Community Relations Council of
Church the Sacramento Region
- First Congregational Church of San Jose - The John Stewart Company
- St. James AME Zion - Holos Communities
- Bay District, California-Nevada Annual - Parkside Community Church
Conference of the United Methodist - Justice& Witness Ministry of Plymouth
Church United Church of Christ
- Menlo Together - Los Angeles Forward
- Hadassah Southern California - St. Joseph Center
- South District of the California-Pacific - House Farm Workers!
Annual Conference of the United - Local Initiative Support Corporation Bay
Methodist Church Area
- Multifaith Voices for Peace and Justice - Napa Valley Unitarian Universalists
- First Congregational Church of Social Justice Committee
Berkeley,United Church of Christ - Walnut Creek Presbyterian Church
- Claremont United Church of Christ - Downtown Women's Center
- Coastside Jewish Community - Hillsdale United Methodist Church
- Institute of the Sisters of Mercy of the - Congregation Beth Jacob
Americas - Resources for Community Development
- Unitarian Universalist Fellowship of - Eden United Church of Christ
Redwood City - California Home Builders Alliance
SB 4 Fact Sheet—3.14.23
v
- Friends Committee on Legislation of - California Association of Local Housing
California Finance Agencies
- Messiah Lutheran Church, Redwood - Construction Employers' Association
City - Carpenters Local 213
- Community Corporation of Santa - Carpenters Local 323
Monica - Carpenters Local 661
- Cupertino for All - Carpenters Local 721
- 21'Century Alliance - Carpenters Local 951
- California Apartment Association - Carpenters Local 1607
- PACT: People Acting in Community - Carpenters Local 152
Together, Inc. - Carpenters Local 714
- Bishop of the Episcopal Diocese of Los - Carpenters Local 619
Angeles - Carpenters Local 562
- Faith in the Valley - Carpenters Local 805
- Mission Bay Community Church - Carpenters Local 951
- Hope Solutions - Carpenters Local 405
- Door of Hope - Carpenters Local 217
- Presbytery of San Gabriel - Carpenters Local 35
- Castro Valley Democratic Club - Carpenters Local 46
- Enterprise Community Partners, Inc. - Carpenters Local 701
SV@Home Action Fund - Carpenters Local 1109
Jewish Family Service of Los Angeles - Carpenters Local 751
Silicon Valley Community Foundation - Carpenters Local 1599
Los Angeles Business Council - Carpenters Local 1789
San Francisco Bay Area Planning and - Carpenters Local 505
Urban Research Association(SPUR) - Carpenters Local 605
Sierra Foothills Unitarian Universalists - Carpenters Local 713
City of Santa Monica - Carpenters Local 180
- Interfaith Solidarity Network - Millwrights Local 102
- Linc Housing - Industrial Carpenters Union Local 223
- End Poverty in California(EPIC) - Pile Drivers Local 34
Catholic Charities San Francisco, Marin, - Drywall Lathers Local Union 9144
San Mateo Counties - Drywall Lathers Union Local 9109
- Faith in Action Bay Area - Drywall Lathers Union Local 9068
- Faith in Action East Bay - Drywall Lathers Union Local 9083
- Faith in the Valley - Carpenters Women's Auxiliary 91
- Inland Congregations United for Change - Carpenters Women's Auxiliary 007
- True North - Carpenters Women's Auxiliary 101
- People Acting in Community Together - Carpenters Women's Auxiliary 417
(PACT), Santa Clara - Carpenters Women's Auxiliary 710
Sacramento ACT - Carpenters Women's Auxiliary 1904
San Diego Organizing Project - Carpenters Women's Auxiliary 001
- PICO California
- Los Angeles Homeless Services
Authority FOR MORE INFORMATION
- Lutheran Office of Public Policy—
California Tate Hanna,Policy Analyst
- The Unity Council Email:tate.hanna@sen.ca.gov
- California Housing Partnership
- Lafayette Orinda Presbyterian Church Phone: (916) 651-4011
SB 4 Fact Sheet—3.14.23
f Senate Bill 423 — SB 35 (Wiener, 2017) Extension
7 7 v,
SUMMARY However, HCD is limited in their enforcement of
housing elements, and as a result, too many cities
Senate Bill 423 removes the sunset of SB 35(Wiener, either ignore RHNA or make inadequate efforts to
2017) and makes the law permanent, thus providing comply with it.
streamlined, ministerial approval of projects in cities
that have not met their Regional Housing Needs SB 35 addressed this by providing streamlined,
Assessment (RHNA) goals or adopted a compliant ministerial approval of projects in cities that have not
housing element. met their RHNA goals. In jurisdictions that have
reported building less above moderate-income units
BACKGROUND than what was approved,or have not filed a compliant
housing element at all, SB 35 allows streamlined
Currently, California is in the depths of a housing approval of projects with 10%of total units affordable
crisis.Housing production has not kept pace with the to 80%of the area median income.
state's population growth, resulting in skyrocketing
costs, particularly for lower income individuals. If a jurisdiction has reported fewer units than
California households in the bottom quarter of the approved for residents making below 80%of the area
income distribution—the poorest 25%of households median income, SB 35 allows streamlined approval
—report spending four times the share of their income of projects with 50%of total units affordable to 80%
(67%, on average)that households in the top quarter of the area median income.
of the income distribution do(16%, on average).
If a production report has not been filed with HCD, or
California ranks 161 highest among all states when if that report shows a lack of above moderate-income
measuring poverty rates. But when the high cost of and affordable units, project proponents may use
housing is taken into account, California jumps up to either approach detailed above.
first place;20.4%of California residents live beneath
the California Budget Center's supplemental poverty This approach has led to increased housing
measure. production in communities where it is needed most,
and importantly, has been a crucial source of new
Additionally, California ranks 491 out of 50 states in affordable units.Although data surrounding SB 35 is
per capita housing units. To address this vast need, imperfect,the Terrier Center has reported that through
various estimates,including the Legislative Analyst's the end of 2021, over 18,000 units have been
Office, recommend the state produce an additional proposed under SB 35, with 13,000 or nearly three-
100,000 units annually beyond the expected 100,000 fourths being affordable to those in the very low or
to 140,000 units per year. low income categories. In San Francisco, nearly
2,000 units,of which 93%were affordable,have been
PROBLEM added under SB 35, according to the San Francisco
In an effort to address this growing crisis, the Planning Department. More than 1,000 more homes
Department of Housing and Community are in the San Francisco SB 35 pipeline.
Development(HCD)establishes RNHA goal for each Timelines for these direly-needed projects have also
city, which articulates how many future units of been sped up by SB 35.In one of the earlier instances
housing the city must include in the housing element of SB 35's usage being harnessed, the Mission
of its general plan. Economic Development Agency in San Francisco
employed the law to fast track plans for a 130-unit,
100% affordable project. According to the Agency,
SB 423 (SB 35 Extension)—3.16.23
SB 35 allowed for expedited review, and usage of - Urban League of San Diego County
other entitlement options would have likely delayed - Community Coalition
the project between six months and a year. - Streets for All
- Eden Housing
Although SB 35 has been used successfully across the _ California Home Builders Alliance
state since its passage, it is set to expire on Jan. 1, _ Climate Action Campaign
2026.Without an extension,one of the driving forces - All Home
of affordable housing production will cease. - The United Way of Greater Los Angeles
- Imagine L.A.
SOLUTION - Union Station Homeless Services
- California Apartment Association
Under SB 423, SB 35 will become permanent, - Resources for Community Development
ensuring that one of the state's primary mechanisms - MidPen Housing Corporation
for encouraging and streamlining affordable housing - Mercy Housing
production remains in place. - 21s2 Century Alliance
- City and County of San Francisco
Equally important, this Act will help our state's - San Francisco Mayor London Breed
construction workforce rise and thrive. Construction - City of Gilroy Councilmember Zach Hilton
workers will be protected by the requirement to pay _ Destination: Home
prevailing wages on projects with over 10 units. On - California Community Economic
projects with 50 units or more,contractors must offer Development Association(CCEDA)
apprentices employment and pay for health care for - Construction Employers' Association
construction workers and their dependents. This - People for Housing—Orange County
creates an economic base and new opportunities for - Novin Development Corp.
construction workers and provides our state with the - The San Francisco Housing Accelerator
highly skilled workforce it needs to build our future. Fund
Additionally, SB 423 will remove the coastal zone Merritt Community Capital Corporation- South Pasadena Residents for
exemption currently present in SB 35. Without this Responsible Growth
exemption removed, wealthier—and often whiter— - California Association of Local Housing
communities along the coastline will be exempt, Finance Agencies
leaving HCD limited options to ensure the housing - Ventura County Clergy and Laity United
that is desperately needed in these jurisdictions is for Economic Justice
built,and that Californians are not priced out of living - San Francisco Bay Area Planning and
in coastline communities. Urban Research Association(SPUR)
- Livable Communities Initiative
SUPPORT - Ventura County YIMBY
- California Housing Consortium(Sponsor) - YIMBY Action_ Urban Environmentalists
- California Conference of Carpenters - Santa Rosa YIMBY
(Sponsor) - Napa-Solano for Everyone
- Inner City Law Center(Sponsor) - Peninsula for Everyone
- Local Initiative Support Corporation - East Bay for Everyone
(Sponsor) - Fremont for Everyone
- California YIMBY(Sponsor) - Culver City for More Homes
- Housing Action Coalition - Cupertino for All
- Abundant Housing Los Angeles - Sustainable Growth Yolo
- Non-Profit Housing Association of Northern - San Luis Obispo YIMBY
California(NPH) - East Bay YIMBY
- San Francisco YIMBY
SB 423 (S13 35 Extension)—3.16.23
- South Bay YIMBY - Carpenters Women's Auxiliary 001
- Santa Cruz YIMBY
- Mountain View YIMBY
- People for Housing—Orange County FOR MORE INFORMATION
- Progress Noe Valley
- Northern Neighbors SF Tate Hanna,Policy Analyst
- Grow the Richmond
- Southside Forward Email:tate.hanna@sen.ca.gov
- Generation Housing
- California Community Builders Phone: (916)651-4011
- Neighborhood Housing Services of Los
Angeles County
- Bay Area Council
- California Community Builders
- Devine &Gong, Inc.
- Pile Drivers Local 34
- Millwrights Local 102
- Drywall Lathers Union Local 9068
- Drywall Lathers Local 9109
- Drywall Lathers Local 9038
- Drywall Local Union 9144
- Industrial Carpenters Local 2236
- Carpenters Local 1599
- Carpenters Local 1109
- Carpenters Local 46
- Carpenters Local 701
- Carpenters Local 405
- Carpenters Local 217
- Carpenters Local 152
- Carpenters Local 213
- Carpenters Local 323
- Carpenters Local 661
- Carpenters Local 35
- Carpenters Local 751
- Carpenters Local 721
- Carpenters Local 1607
- Carpenters Local 714
- Carpenters Local 619
- Carpenters Local 562
- Carpenters Local 951
- Carpenters Local 805
- Carpenters Local 605
- Carpenters Local 505
- Carpenters Local 713
- Carpenters Local 1789
- Carpenters Women's Auxiliary 91
- Carpenters Women's Auxiliary 007
- Carpenters Women's Auxiliary 101
- Carpenters Women's Auxiliary 417
- Carpenters Women's Auxiliary 710
- Carpenters Women's Auxiliary 1904
SB 423 (SB 35 Extension)—3.16.23
6/8/2023
RECEIVE AND PLACE ON F LE
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Sales and Use Guidelines
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Sales and Use Guidelines
"Safe and Sane""fireworks may be sol 'JNVLY;.crs foilcWs
• July, 1 between,12 prn.and t 1 p.m`
• July'2 between 6 a:rn. and 11 p.m.
• July`3 between &a.m.and 11 p.m. . ,
• July 4 between '6 a.m, and 12:01 a.m.of next day
• By'BFD/COB permitted sellers ONLY
"Safe and Sane"fireworks may be used ONLY as follows. ,
• July 2 between 9 a.m.and 12:01 a.m. of next day
• July 3 between 9 a.m.and 12:01 a.m.'of next
• July 4 between 9 a.m. and 12:30 d.m of next day '>
• Dec 31 between 12 p.m. and 12:30'a.m. of next day '%;
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Examples of Illegal Fireworks
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Fireworks Incidents by Year
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