REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subject:
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City Council Positions on Legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC)
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Statement of Issue:
On June 27, 2018, the Intergovernmental Relations Committee met and members recommended actions on pending legislation before the State Legislature. This action requests City Council authorization for the Mayor to sign official City position letters.
Financial Impact:
There is no fiscal impact.
Recommended Action:
recommendation
A) Approve a City position of Oppose Senate Bill 946 (Lara) - Sidewalk Vendors; and,
B) Approve a City position of Oppose on Senate Bill 998 (Dodd) - Discontinuation of Residential Water Service; and,
C) Approve a City position of Oppose on Senate Bill 623 (Monning) - Water Quality: Safe and Affordable Drinking Water Fund; and,
D) Approve a City position of Support on Assembly Bill 448 (Daly) - Orange County Housing Trust Fund.
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Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
The Intergovernmental Relations Committee (IRC) met to discuss pending legislation and regional issues. The Committee reviewed the 2018 State Legislative Matrix provided by the City’s State Advocate, Townsend Public Affairs, discussed potential statewide ballot initiatives, and regional housing issues related to homelessness. The following is an analysis of bills/positions that the IRC voted to take a position on.
Ø OPPOSE - Senate Bill 946 (Lara) - Sidewalk Vendors
Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street. This bill would prohibit a local authority, from regulating sidewalk vendors. This bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill.
Ø OPPOSE - Senate Bill 998 (Dodd) - Discontinuation of Residential Water Services
This bill would prohibit residential service from being discontinued under specified circumstances. If signed into law, this bill would significantly change the practice of public water agencies who currently undertake multiple protocols to ensure that water service is discontinued for non-payment. The City of Huntington Beach Public Works Department delivers safe, reliable, high-quality, and affordable water to customers in a dependable and responsible manner. This proposed one-size fits all statewide program would among other things prevent shut-offs for at least 60 days for delinquent customers, create a cap on reconnection fees that that may or may not cover the actual agency costs for these physical reconnections and trigger Proposition 218 concerns for public agencies, and expand authority to both the State Water Resources Control Board and the Attorney General to enforce provisions of the bill. Additionally, this bill would require the City to report the number of annual discontinuations of residential service for inability to pay on its website and to the Board.
Ø OPPOSE - Senate Bill 623 (Monning) - Water Quality: Safe and Affordable Drinking Water Fund
Under existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. This bill would establish the Safe and Affordable Water Fund in the State Treasury and would provide that monies in the fund are continuously appropriated to the state board. The bill would require the Board to administer the fund to secure access to safe drinking water for all, while also ensuring the long-term sustainability of drinking water and infrastructure. This bill would impose until July 1, 2020 a safe and affordable drinking water fee on each customer of a public water system, to be administered by the State Board, in consultation with the California Department of Tax and Fee Administration. The Board would annually determine the amounts of the safe and affordable drinking water fee, thereby taking away local control over fees and charges.
Ø SUPPORT - Assembly Bill 448 (Daly) - Orange County Housing Trust Fund
This bill would authorize the creation of the Orange County Housing Trust, a joint powers authority. The joint powers authority would potentially fund housing projects specifically assisting the homeless population and persons and families of extremely low, very low, and low income within Orange County. The Orange County Housing Trust is a regional and collaborative model to address homelessness and housing issues through a single purpose joint powers authority. This bill proposes a regional approach to accessing private, State and Federal funding, as opposed to individual municipalities competing amongst themselves for the same funds. If approved, the City could opt-in to the joint powers authority at Council direction. There is no requirement or mandate for an Orange County city to participate in the trust.
The Intergovernmental Relations Committee, comprised of Mayor Posey, Mayor Pro Tem Peterson, and Council Member Lyn Semeta recommended an oppose position on Senate Bills 946, 998, 623. These votes were unanimous in opposition. The Committee voted 2-1 to recommend a support position on AB 448.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. SB 946 (Lara) - Sidewalk Vendors
2. SB 998 (Dodd) - Discontinuation of Water Service
3. SB 623 (Monning) - Water Quality: Safe and Affordable Drinking Water Fund
4. AB 448 (Daly) - Orange County Housing Trust Fund
5. Association of California Cities - Orange County FAQ Packet on the OC Housing Trust