REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Oliver Chi, City Manager
Subject:
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City Council Position on Legislation Pending Before Congress and the State Legislature as Recommended by the City Council Intergovernmental Relations Committee (IRC)
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Statement of Issue:
On July 15, 2020, the Intergovernmental Relations Committee (IRC) comprised of Mayor Lyn Semeta, Council Member Erik Peterson, and Council Member Patrick Brenden met to discuss pending Federal and State legislation.
Financial Impact:
There is no fiscal impact.
Recommended Action:
recommendation
A) Approve a City position of Support on Senate Bill 1386 (Moorlach) “Local Government: Assessments, fees, and charges on water hydrants”; and,
B) Approve a City position of Watch on Assembly Bill 1063 (Petrie-Norris) - “Planning and zoning law on housing elements, accessory dwelling units, and adequate site substitutes”; and,
C) Approve a City position of Oppose on Senate Bill 1120 (Atkins) - “Subdivisions: tentative maps”; and,
D) Approve a City position of Oppose on Senate Bill 1385 (Caballero) - “Local planning: housing, commercial zones”; and,
E) Approve a City position of Watch on Senate Constitutional Amendment 1 (Allen) - “Public housing projects”; and,
F) Approve a City position of Oppose on Senate Bill 1299 (Portantino) - “Housing development: incentives, rezoning of idle retail sites”; and,
G) Approve a City position of Watch on Assembly Bill 2345 (Gonzalez) - “Planning and zoning: density bonuses, annual report, affordable housing”; and,
H) Approve a City position of Watch on the Library Stabilization Fund Act (Reed and Levin).
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Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Intergovernmental Relations Committee (IRC) met to discuss pending Federal and State legislation on July 15, 2020 in addition to Administrative Items. The Committee reviewed the 2020 State Legislative Matrix provided by the City’s Federal and State Advocate Townsend Public Affairs. The following is an analysis of the bills that the Committee chose to take the following positions on:
Ø SUPPORT - SB 1386 (Moorlach) “Local Government: Assessments, fees, and charges on water hydrants”
Current law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements and, among other things, authorizes an agency providing water, wastewater, sewer, or refuse collection services to adopt a schedule of fees or charges authorizing automatic adjustments that pass through increases in wholesale charges for water, sewage treatment, or wastewater treatment or adjustments for inflation under certain circumstances. Current law defines, among other terms, the term “water” for these purposes to mean any system of public improvements intended to provide for the production, storage, supply, treatment, or distribution of water from any source. This bill would specify that hydrants, as defined, are part of the system of public improvements included in the definition of “water” for purposes of the Proposition 218 Omnibus Implementation Act.
Ø WATCH - AB 1063 (Petrie-Norris) - “Planning and zoning law on housing elements, accessory dwelling units, and adequate site substitutes”
Current law authorizes the Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with the provisions of the Planning and Zoning Law relating to housing elements, to allow a city or county to identify adequate sites by a variety of methods, as specified. Current law authorizes the department to allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, those units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. This bill would, instead, require the department, in making that evaluation, to allow a city or county to identify adequate sites by a variety of methods, as specified. The bill would require the department to allow a city or county to identify sites for potential accessory dwelling units based on existing zoning standards and the demonstrated potential capacity to accommodate accessory dwelling units and junior accessory dwelling units, as determined by the city or county.
Ø OPPOSE - SB 1120 (Atkins) - “Subdivisions: tentative maps”
This Bill would, among other things, require a proposed housing development containing 2 residential units to be considered ministerially, without discretionary review or hearing, in zones where allowable uses are limited to single-family residential development if the proposed housing development meets certain requirements, including that the proposed housing development would not require demolition or alteration requiring evacuation or eviction of an existing housing unit that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
Ø OPPOSE - SB 1385 (Caballero) - “Local planning: housing, commercial zones”
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. This bill, the Neighborhood Homes Act, would deem a housing development project, as defined, an allowable use on a neighborhood lot that is zoned for office or retail commercial use under a local agency’s zoning code or general plan. The bill would require the density for a housing development under these provisions to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction.
Ø WATCH - Senate Constitutional Amendment 1 (Allen) - “Public housing projects”
The California Constitution prohibits the development, construction, or acquisition of a low rent housing project, as defined, in any manner by any state public body until a majority of the qualified electors of the city, town, or county in which the development, construction, or acquisition of the low-rent housing project is proposed approve the project by voting in favor at an election, as specified. This measure would repeal these provisions.
Ø OPPOSE - SB 1299 (Portantino) - “Housing development: incentives, rezoning of idle retail sites”
Current law establishes, among other housing programs, the Workforce Housing Reward Program, which requires the Department of Housing and Community Development to make local assistance grants to cities, counties, and cities and counties that provide land use approval to housing developments that are affordable to very low and low-income households. This bill, upon appropriation by the Legislature, would require the department to administer a program to provide incentives in the form of grants allocated as provided to local governments that rezone idle sites used for a big box retailer or a commercial shopping center to instead allow the development of workforce housing. The bill would define various terms for these purposes. In order to be eligible for a grant, the bill would require a local government, among other things, to apply to the department for an allocation of grant funds and provide documentation that it has met specified requirements.
Ø WATCH - AB 2345 (Gonzalez) - “Planning and zoning: density bonuses, annual report, affordable housing”
The Planning and Zoning Law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development that includes, among other specified information, the number of net new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, as provided. This bill would require that the annual report include specified information regarding density bonuses granted in accordance with specified law.
Ø WATCH - Library Stabilization Fund Act (Reed and Levin)
This Act would establish a $2 billion fund to address financial losses of libraries due to COVID-19 and bolster library services. The Act would prioritize funding for the hardest hit communities and would be delivered through the Institute of Museum and Library Services. A large portion of the funds would be distributed to local libraries through state library agencies based on state population, with a minimum of $10 million to each state. The Act would also provide for competitive grants. The primary objective of this Act is to minimize the disruption of library services and staff furloughs and layoffs across the country. It would also defray costs related to the safe re-opening of libraries and support a range of services to patrons.
Environmental Status:
Not applicable
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Senate Bill 1386 (Moorlach)
2. Assembly Bill 1063 (Petrie-Norris)
3. Senate Bill 1120 (Atkins)
4. Senate Bill 1385 (Caballero)
5. Senate Constitutional Amendment 1 (Allen and Wiener)
6. Senate Bill 1299 (Portantino)
7. Assembly Bill 2345 (Gonzalez)
8. Library Stabilization Fund Act (Reed and Levin)