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Home My WebLink AboutApproval of City Council position on legislation as recommen Council/Agency Meeting Held:_ Deferred/Continued to: LApprov ,p Conditionally Approved ❑ Denied �Ci lerk' r Signat Council Meeting Date: August 1, 2011 Department ID Number: AD 11-019 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Mayor Joe Carchio, Chair on behalf of the Intergovernmental Relations Committee Members, Council Members Devin Dwyer and Matthew Harper PREPARED BY: Paul Emery, Deputy City Manager SUBJECT: Approval of a City Council Position on Legislation, a Regulation, or Budget Issue pending before a Federal, State, or Regional Government as recommended by the City Council Intergovernmental Relations Committee (IRC) Statement of Issue: Approval of a City Council position on legislation, a regulation, or budget issue pending before a Federal, State, or Regional Government as recommended by the City Council Intergovernmental Relations Committee (IRC). Financial Impact: None Recommended Action: Motion to: A) Approve letter of opposition to SB 152 (Pavley) - Which would allow State Lands Commission to charge "rent" for any recreational pier extending over state waterways; and, B) Approve letter of support for AB 723 (Bradford) with amendment - Extends the sunset date on the public goods charge (PGC) for energy efficiency from 2012 to 2016. Alternative Action(s): Reject recommended action and direct staff accordingly. HB -461- Item 18. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 8/1/2011 DEPARTMENT ID NUMBER: AD 11-019 Analysis: OPPOSE SB 152, as amended, Pavley. Existing law prohibits the State Lands Commission from charging rent for any recreational pier constructed on state lands for use of a littoral landowner. This proposed bill would declare that the use of state owned land for a private recreational pier is not a property right, but a privilege granted by the State Lands Commission on behalf of the state. This bill would require the State Lands Commission to charge rent for a private recreational pier constructed on state lands. It is unknown what the rent will be as it is prescribed to be based on local conditions and annual local fair rent values. If a property owner has an existing lease in effect on July 1, 2011, they will not be subject to this requirement until the current lease expires. This bill does not address cantilevered decks that are currently subject to rents, commonly referred to as an "air tax". This is a new fee for rental of the space under which recreational piers have been constructed. SUPPORT AB 723 (Bradford) with amendment Local governments increasingly are developing and implementing energy programs to serve municipal infrastructure and the public. These initiatives are driven by local priorities and State energy policies. Local government energy programs should be developed regionally; this is cost effective, comprehensive, and will yield maximum benefits. The California Energy Efficiency Strategic Plan calls for 100% of local governments having energy efficiency expertise by 2020. AB 723 should be amended to carve out a portion of those funds to directly support local government's ability to implement the goals of the California Energy Efficiency Strategic Plan. This could be managed by establishing a Regional Energy Management Infrastructure to implement programs on a region-wide basis such as Property Assessed Clean Energy (PACE), Energy upgrade CA, local government energy savings projects and associated financing, renewable energy projects such as Huntington Beach's 2 Mega Watt solar power purchase agreement, etc. Many local governments, such as LA County and Santa Monica, support this amendment. The stakeholders such as Investor Owned Utilities, Energy Service Companies, Federal Department of Energy, PUC and CEC recognize the need for capable counter-parties in the public sector to be able to achieve their policy and programmatic goals. The Regional Energy Management Infrastructure is an essential mechanism for local governments to meet the goals set by the PUC in the California Energy Efficiency Strategic Plan. Item 18. - 2 xB -462- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/1/2011 DEPARTMENT ID NUMBER: AD 11-019 Environmental Status: N/A Strategic Plan Goal: Improve Internal and External Communication Attachment (s): ® e - 1. Senate Bill 152 as amended in Senate May 25, 2011. 2. AB 723 - Public Goods Charge — Energy Efficiency and Local Governments dated June 7, 2011. 3. Diagram —AB 723— Current Investor-Owned Utility/Local Government Partnership 4. Diagram —AB 723 — Proposed Local Government Regional Structure HB -463- Item 18. - 3 ATTACHMENT # 1 ,rem ,x . a Hd -464- AMENDED IN SENATE MAY 25,2011 AMENDED IN SENATE APRIL 25,2011 AMENDED IN SENATE MARCH 10,2011 SENATE BILL No. 152 Introduced by Senator Pavley February 1, 2011 An act to repeal and add Section 6503.5 of the Public Resources Code, and to repeal Section 2 of Chapter 431 of the Statutes of 1977, relating to public lands. LEGISLATIVE COUNSEL'S DIGEST SB 152,as amended,Pavley.Public lands:general leasing law:littoral landowners. Existing law authorizes the leasing of lands owned by the state and under the jurisdiction of the State Lands Commission for purposes the commission deems advisable.Existing law requires the commission to appraise lands and fix the annual rent or other consideration upon receipt of an application to lease the land. This bill would require the commission to charge rent for a private recreational pier, as defined, constructed on state lands and would require the rent to be based on local conditions and local fair annual rental values. The bill would except from this reqt4rem a lease in effect on january 1, 2 July 1, 2011, for the term of that lease, and a lease for which the application and application fees were submitted to the commission prior to March 31, 2011. Existing law prohibits rent from being charged for a private recreational pier, as defined,constructed on state lands for the use of a littoral landowner, as defined. Existing law requires the littoral 96 HB -465- Item 18. - 5 SB 152 —2— landowner to pay the commission's expenses in issuing a lease or permit for the state lands. This bill would repeal this law. Existing law makes legislative findings concerning the construction and maintenance of private recreational piers on state waterways, declares legislative intent to provide for rent free private recreational piers to encourage members of the public to construct these piers, and states that these findings and intent are declaratory of existing law. This bill would repeal those provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature finds and declares the following: 2 (a) As provided by existing law, including Sections 6005 and 3 6501.1 of the Public Resources Code, the commission may lease 4 state lands to private individuals and others for various purposes, 5 including for the construction of a private recreational pier when 6 the State Lands Commission determines the use is consistent with 7 public trust needs and is in the best interests of the state. 8 (b) The use of state-owned lands for a private recreational pier 9 is not a property right for littoral or riparian landowners, but a 10 privilege granted by the State Lands Commission on behalf of the 11 state. 12 (c) It is the intent of the Legislature to allow the State Lands 13 Commission to charge fair annual rent for the use of state lands 14 for private recreational piers, consistent with existing regulations 15 in Title 2 of Division 3 of Chapter 1 of the California Code of 16 Regulations. 17 SEC. 2. Section 6503.5 of the Public Resources Code is 18 repealed. 19 SEC.3. Section 6503.5 is added to the Public Resources Code, 20 to read: 21 6503.5. (a) Consistent with Section 6503, the commission 22 shall charge rent for a private recreational pier constructed on state 23 lands.Rent shall be based on local conditions and local fair annual 24 rental values. 25 (b) Subdivision(a)does not apply to-a either of the following. 96 Item 18. - 6 1413 -466- —3— SB 152 1 (1) A lease in effect on July 1, 2011, for the 2 term of that lease. If a lease in effect on ht=M 1, 26k July 1, 3 2011, expires or is otherwise terminated, the commission shall 4 include fair annual rent provisions pursuant to subdivision(a) in S the new lease contract. 6 (2) A lease for which the application and application fees were 7 submitted to the commission prior to March 31, 2011. 8 (c) "Recreational pier"includes afixed facility for the docking 9 or mooring of boats. 10 SEC. 4. Section 2 of Chapter 431 of the Statutes of 1977 is 11 repealed. O 96 HB -467- Item 18. - 7 ATTACHMENT #2 Item 18. - 8 He .ian � �a3 June 7,2011 Public Goods Charge—Energy Efficiency and local Governments Issue Statement The State should facilitate regional approaches to energy management by dedicating a share of the Public Goods Charge as a direct carve-out"by which local governments will develop regional infrastructure. This proposal meets the State's Energy Efficiency Strategic Plan and will help achieve other State energy objectives. Local governments increasingly are developing and implementing energy programs to serve municipal infrastructure and the public. These initiatives are driven by local priorities and State climate change and energy policies. Existing investor-owned utility programs are confined by regulatory"red- tape"and obsession with "low hanging fruit." Local government energy programs should be developed regionally;this is cost effective,comprehensive,and will yield maximum benefits. The California Energy Efficiency Strategic Plan calls for 100%of local governments to have in-house energy management capability by 2020. Even when local budgets are not strapped, it is unlikely that small or mid-size towns or school districts would have an energy manager on staff. The best option for making this happen is through regional approaches that allow local governments to pool highly technical energy management expertise,as well as financing,purchasing,and implementation resources. Specific Activities For a Regional Energy Management Infrastructure With a regional approach,successful existing local government programs—many of them jump- started with funds from the American Reinvestment and Recovery Act—will continue,while new programs can grow. Specific initiatives include: • Continue local government roles in Energy Upgrade CA, Property Assessed Clean Energy,and other financing programs for private buildings • Develop Regional Climate Action Plans(not individual jurisdiction plans—regional plans). This can build on existing work to implement SB 375. • Use regional technical resources to implement more municipal building projects(regional use— not individual jurisdiction use) • Provide best-practices clean energy project scoping,due diligence,financial analysis, procurement and management support. Such objective, hard-nosed project support is widely needed,particularly for smaller jurisdictions. • Develop regional financing programs for aggregation of municipal building projects • Target other long-term, Energy Efficiency Strategic Plan objectives(reach codes, ordinances, etc) • Have the option to include other local government entities such as school districts,County Offices of Education,Small Business,Community Development,Public Housing,etc. • Develop renewable resources on properties owned by local governments(rooftops,vacant land) Scope of Program This program would supplement existing local government partnerships;it does not replace current efforts under utility partnerships. This program will provide local government with expanded capacity to implement energy efficiency and other energy management programs,thereby increasing the reach of utility and other programs. This program will leverage existing sub-regional collaborations by providing shared resources. These existing collaborations include joint powers authorities and councils of government;regional Energy Upgrade CA partnerships(especially in Los Angeles and the Bay Area);informal relationships, particularly between cities and counties;and existing utility and County For more Information on this proposal contact: Jody London,510/459-0667,iodv london consuhing@earthlink.net or Howard Choy HChoy@isd.lacounty.gov.323/204-6234 xB -469- Item 18. - 9 June 7,2011 partnerships. Under this program,three lead regional administrators will be identified to work with sub- regional partners in Northern California,Central California,and Southern California. Current statewide efforts funded by the PGC could link activities and best practices from the three regions. The proposed budget for the regional administrators is a minimum of$10 million per region. Program Design Considerations This program should have clear goals and produce measurable results. This program should: • Emphasize local government powers,strengths,and resources: finance&taxation; building standards, permitting and inspection;Jong-term energy/transport/carbon planning; regular communications with neighborhood associations and other constituent groups;jobs creation; minority/women/low income participation(Workforce Investment Boards,Office of Small Business,Community Development,Public Housing Authority);general economic development via local purchase and local hire policies • Develop self-sustaining funding mechanisms(revolving loans,financing charges, service/membership fees,etc.) • Measure results(Evaluation, Measurement, and Verification) • identify results delivery,targets,and accountability • Provide central oversight and administration at the regional level For more information on this proposal contact: Jody London,510/459-0667,lode london consulting0earthlinkmet or Howard Choy HChov(@isd.lacoUnly.gov 323/204-6134 Item 18. - 10 HB -470- ATTACHMENT #3 IL- xn -4-i. Item I8. - I I (D 00 CURRENT INVESTOR-OWNED UTILITY/LOCAL GOVERNMENT PARTNERSHIPS N IOUs Individual Partnerships cities •incentives COLI my *non-resource programs Councils of Government Joint Powers • short term goals Authority counties Individual cities w/i n J PAs x N Statewide Energy Efficiency Coordinator ICLEI, Local Government Commission, Institute of Local Government • Best practices • Networking • Leadership Awards • Climate Action Planning Tools ATTAC H M E N T #4 ne .u. .. Item 18. - 13 CD °° PROPOSED LOCAL GOVERNMENT REGIONAL STRUCTURE Public Goods Charge FUNDS - CPUC Southern CA Administrator Central CA Administrator Northern CA Administrator sub-regional groups •sub-regional groups •sub-regional groups of local governments of local governments of local governments Technical Resources: Community Programs: • Engineers, Analysts a Property Assessed Clean Energy x • Contracting, Procurement • Climate Action Plans • Project Management • Codes, Ordinances Financing Programs Program Administration Leverages Existing Statewide Programs Statewide Energy Efficiency Coordinator ICLEI, Local Government Commission, Institute of Local Government • Best practices • Networking • Leadership Awards • Climate Action Planning Tools Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Wednesday, August 24, 2011 3:46 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 9172 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Question Request area: City Council - Comment on an Agenda Item Citizen name: Frank Singer Description: During the last council meeting the council voted unanimously to send a letter to Sacramento opposing SB 152 which would ultimately reduce revenue to our city. I am trying to find out if this letter has been sent because it will most likely be voted on tomorrow and be on the governor's desk shortly. IT IS IMPERATIVE THAT HUNTINGTON BEACH SEND A LETTER TO THE GOVERNOR IMMEIDATELY TO VETO THIS LEGISLATION!!!!! Expected Close Date: 08/25/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i