HomeMy WebLinkAboutApprove City Council position on Legislation pending before (29) Dept. ID AD-17-006 Page 1 of 2
Meeting Date:3/6/2017
_ CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
r
MEETING DATE: 3/6/2017
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: Approve City Council position on Legislation pending before the State
Legislature as recommended by the City Council Intergovernmental Relations
Committee (IRC)
Statement of Issue:
On February 22, 2017, the Intergovernmental Relations Committee met and members
recommended a position of oppose on AB 250 and a support position on SB 720 pending before
the State legislature. This action requests the City Council authorization for the Mayor to sign a
City position letters on AB 250 and SB 720.
Financial Impact: There is no fiscal impact.
Recommended Action:
A) Approve a City position of oppose on AB 250 (Gonzalez Fletcher) State Coastal Conservancy:
Lower Cost Coastal Accommodations Program; and,
B) Approve a City position of support on SB 720 (Allen) Government Tort Liability: Beach Fire Pits.
Alternative Action(s): Do not approve the recommended actions and direct staff accordingly.
Analysis:
On Wednesday, February 22, 2017, the Intergovernmental Relations Committee met to discuss
pending State and Federal legislation. The Committee reviewed the 2017 State Legislative Matrix
provided by the City's State Advocate, Townsend Public Affairs. The Committee members chose to
take an oppose position on AB 250 and a support position on SB 720.
➢ AB 250 (Gonzalez Fletcher) State Coastal Conservancy Lower Cost Coastal
Accommodations Program
Existing law establishes the State Coastal Conservancy in state government, and prescribes
the membership and functions and duties of the conservancy with regard to the protection,
preservation, and enhancement of special coastal lands in the coastal zone. This bill would
require the Conservancy to develop and implement a specified Lower Cost Coastal
Accommodations Program intended to facilitate improvement of existing, and development
of new, lower cost accommodations within the coastal zone and a specific geographic area
along the coast adjacent to the coastal zone. The bill would require the conservancy to
prepare a lower cost coastal accommodations plans containing specific information relating
to specific opportunities to improve existing, and generate new, lower cost coastal
accommodations, and to update the plan every five years.
Item 5. - 1 HB -30-
Dept. ID AD-17-006 Page 2 of 2
Meeting Date:3/6/2017
➢ SB 720 (Allen) Government Tort Liability: Beach Fire Pits
Existing law prescribes the tort liability of public entities and establishes a process for
making claims against public entities. Existing law specifically immunizes a public entity in
connection with certain public property, including for an injury caused by a natural condition
of unimproved property. The law as currently written deems a beach to be in a natural and
unimproved condition despite the presence or absence of safety services such as lifeguards
and beach clean-up services. The current law immunizes a public entity from liability to a
person participating in a hazardous recreational activity. This bill would immunize a public
entity and its employees for any damage or injury to a person or property as a result of a fire
or the remnants of a fire that arises from the use of a fire pit, fire ring, fire circle, or barbecue
grill, located in an area designated for that use, at a park, beach or recreational area owned
or controlled by the entity.
The Intergovernmental Relations Committee approved a oppose position on AB 250 and a support
position on SB 720. The City's State Advocate, Townsend Public Affairs, was present and
discussed with the IRC legislation recently introduced with potential interest to the City. Since it is
the beginning of the Legislative session, the vast majority of the legislation is currently in a 30-day
hold prior to being assigned to an appropriate Legislative committee for a hearing. Additionally,
many introduced bills are considered "spot bills" and do not contain more than a generic label. As
such, further recommendations were not considered by the IRC and the IRC will work closely with
Staff and Townsend Public Affairs as more information becomes available.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. AB 250 (Gonzalez Fletcher)—State Coastal Conservancy: Lower Cost Coastal
Accommodations Program
2. SB 720 (Allen)— Government Tort Liability: Beach Fire Pits
HB -31- Item 5. - 2
ATTACHMENT # 1
CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION
ASSEMBLY BILL No. 250
Introduced by Assembly Member Gonzalez Fletcher
January 30, 2017
An act to amend Section 15853 of the Government Code, and to add
Chapter 10 (commencing with Section 31411) to Division 21 of the
Public Resources Code, relating to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 250,as introduced,Gonzalez Fletcher. State Coastal Conservancy:
Lower Cost Coastal Accommodations Program.
(1) Existing law establishes the State Coastal Conservancy in state
government, and prescribes the membership and functions and duties
of the conservancy with regard to the protection, preservation, and
enhancement of specified coastal lands in the coastal zone, as defined.
This bill would require the conservancy to develop and implement a
specified Lower Cost Coastal Accommodations Program intended to
facilitate improvement of existing, and development of new,lower cost
accommodations within the coastal zone and a specified geographic
area along the coast adjacent to the costal zone. The bill would require
the conservancy to take specified actions to develop and implement the
program, as prescribed. The bill would require the conservancy to
prepare a lower cost coastal accommodations plan containing specified
information relating to specific opportunities to improve existing, and
generate new, lower cost coastal accommodations, and to update the
plan not less every 5 years. The bill would also authorize the
conservancy to develop and implement a pilot program for the purposes
of identifying and testing measures that support development,
improvement, maintenance, and the operation of lower cost coastal
ss
Item 5. - 3 HB -32-
AB 250 —2—
accommodations by private entities,and would require the conservancy
to establish criteria for the selection of projects to be included in the
pilot program.
(2) Existing law authorizes the State Public Works Board to select
and acquire, in the name of and on behalf of the state,with the consent
of the state agency concerned, the fee or any lesser right or interest in
any real property necessary for any state purpose or function. Existing
law requires that all land and other real property to be acquired by or
for any state agency, except for specified state agencies including the
State Coastal Conservancy with respect to acceptance of offers to
dedicate public accessways made pursuant to the California Coastal
Act of 1976, be acquired by the state board.
This bill would exempt land acquired by the conservancy for the
purposes of the program from that requirement.
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. Section 15853 of the Government Code is
2 amended to read:
3 15853. (a) The board may select and acquire, in the name of
4 and on behalf of the state, with the consent of the state agency
5 concerned,the fee or any lesser right or interest in any real property
6 necessary for any state purpose or function.
7 (b) If moneys are appropriated by the Budget Act for any fiscal
8 year or by any other act for the acquisition of land or other real
9 property, either (1) subject to this part or(2) for any state agency
10 for whom property is acquired by the board, the moneys and
11 acquisitions are subject to this part and the moneys shall be
12 expended in accordance with this part, notwithstanding any other
13 law.
14 (c) Notwithstanding any other law, all land and other real
15 property to be acquired by or for any state agency, other than the
16 Department of Transportation,the Department of Water Resources,
17 the State Reclamation Board, the Department of Fish and Game,
18 the Wildlife Conservation Board, the Public Employees'
19 Retirement System, the State Teachers' Retirement System, the
20 Department of Housing and Community Development, the State
21 Lands Commission,except for property to be acquired for the State
99
RB -33- Item 5. - 4
-3— AB 250
1 Lands Commission pursuant to an appropriation from the General
2 Fund,and the State Coastal Conservancy with respect to acceptance
3 of offers to dedicate public accessways made pursuant to Division
4 20 (commencing with Section 30000) of. 30000), and for the
5 purposes of Chapter 10 (commencing with Section 31411) of, the
6 Public Resources Code,shall be acquired by the State Public Works
7 Board in accordance with this part.
8 (d) (1) Notwithstanding subdivision(a),the board shall acquire,
9 on behalf of and for the Department of Parks and Recreation, in
10 accordance with this part, any interests in real property, including
11 options to purchase, which have been appraised, selected, and
12 settled through purchase negotiations by the Department of Parks
13 and Recreation pursuant to subdivision(b)of Section 5006 of the
14 Public Resources Code. Out of moneys appropriated for the
15 acquisition of options to purchase, no more than ten thousand
16 dollars(S 10,000)may be expended for the acquisition of any single
17 option unless otherwise provided by the Legislature.
18 (2) Notwithstanding Section 15854, purchase negotiations for
19 interests in real property for the state park system pursuant to
20 subdivision(d)of Section 5006 of the Public Resources Code shall
21 be initiated within six months of the effective date of the act that
22 appropriates funds for the acquisition. Purchase negotiations on
23 all projects not proposed pursuant to subdivision (d) of Section
24 5006 of the Public Resources Code shall be initiated within 12
25 months of the effective date of the act appropriating funds for the
26 acquisition. Either title shall be conveyed or a written agreement
27 to transfer title shall be executed within the appropriate
28 authorization period unless the Department of Parks and Recreation
29 formally abandons the acquisition prior to the conclusion of the
30 appropriate authorization period. For the purposes of this section,
31 in order for the Department of Parks and Recreation to "formally
32 abandon" an acquisition, it shall transmit written notification to
33 the board of its intent not to proceed with the acquisition.
34 (3) The board, at any time during the periods specified in
35 paragraph (2), may commence condemnation proceedings if it
36 finds it to be appropriate. However, if, during the appropriate
37 authorization period, title is not conveyed or a written agreement
38 to transfer title is not signed,the acquisition has not been formally
39 abandoned, or condemnation proceedings have not been
40 commenced,the Department of Parks and Recreation shall notify,
99
Item 5. - 5 UB -34-
AB 250 —4-
1 by letter, the chair of the committee in each house of the
2 Legislature that considers appropriations, the Chair of the Joint
3 Legislative Budget Committee,and the Members of the Legislature
4 within whose district any part of the land or other real property is
5 located of the status of the acquisition. For the purpose of this
6 paragraph, condemnation proceedings shall be deemed to be
7 commenced as of the date the board authorizes acquisition by
8 condemnation.
9 (4) The board may schedule special meetings as are necessary
10 to expedite the acquisition of options to purchase real property for
11 the state park system.
12 (e) The board may acquire furnishings that the owner thereof
13 agrees to sell and that are contained within improvements acquired
14 by the board. Cost of acquisition of furnishings shall be charged
15 to the appropriation available for acquisition of the real property.
16 (f) This section shall not apply to the acquisition of conservation
17 easements made pursuant to the California Forest Legacy Program
18 Act of 2007 (Division 10.5 (commencing with Section 12200) of
19 the Public Resources Code).
20 SEC.2. Chapter 10(commencing with Section lookup)is added
21 to Division 21 of the Public Resources Code, to read:
22
23 CHAPTER 10. LOWER COST COASTAL ACCOMMODATIONS
24 PROGRAM
25
26 31411. The Legislature fords and declares all of the following:
27 (a) The right of access to the coast is guaranteed to the people
28 of California by the California Constitution and the California
29 Coastal Act of 1976 (Division 20 (commencing with Section
30 30000)), which requires that coastal development be regulated,
31 and public access rights to our state's beaches be protected.
32 (b) California's Parks Forward Commission has emphasized
33 the need to expand access to parks and public lands throughout
34 California to ensure that all Californians and visitors to the state,
35 including those from low-income and underserved communities,
36 are able to benefit from outdoor experiences.
37 (c) Lower cost accommodations, including hotels, motels,
38 hostels,and camping opportunities,are essential elements of coastal
39 and park access because they enable Californians and visitors from
40 a variety of backgrounds, including those of low and moderate
99
HB -35- Item 5. - 6
-5— AB 250
1 income, to enjoy California's beaches and parks and experience
2 the full range of recreational, educational, spiritual, and other
3 experiences offered.
4 (d) A lack of affordable accommodations remains a barrier to
5 coastal access. California's historic supply of lower cost coastal
6 accommodations has been reduced,and continues to be diminished,
7 as a result of high coastal property values and economic pressures
8 to develop new coastal accommodations that are too expensive to
9 be affordable to most visitors.
10 (e) California should invest in new strategies and partnerships
11 to improve the availability of lower cost accommodations along
12 the coast,particularly for low-income and middle-income families.
13 A strategic program to provide affordable accommodations in
14 appropriate areas of our coastal parks and public lands can play
15 an important role in improving public access to the coast.California
16 should also support innovative pilot projects that enable the state
17 to partner with the private sector to provide access.
18 31412. (a) The conservancy shall develop and implement a
19 Lower Cost Coastal Accommodations Program to facilitate
20 improvement of existing, and the development of new, lower cost
21 accommodations within the coastal zone and a one mile area along
22 the coast adjacent to the coastal zone.In implementing the program,
23 the conservancy may undertake projects and award grants, and
24 shall be guided by the lower cost accommodations plan required
25 to be developed pursuant to Section 31413.
26 (b) The program shall include both of the following:
27 (1) Clear and measurable objectives.
28 (2) Implementation measures designed to ensure that new or
29 improved accommodation projects supported by the program will
30 be affordable and available to low-income and middle-income
31 families, nonprofit organizations, and public entities that provide
32 young or at-risk populations with education, service learning,
33 healthy living, recreational, or similar opportunities.
34 (c) The conservancy shall take both of the following actions to
35 develop and implement the program:
36 (1) Consult and collaborate with the Department of Parks and
37 Recreation,the California Coastal Commission,local and regional
38 park agencies, open-space districts, and other public agencies
39 regarding development of the accommodations plan and selection
99
Item 5. - 7 1113 -36-
AB 250 —6-
1 and funding of specific projects to improve existing and new lower
2 cost coastal accommodations.
3 (2) Engage with parks,conservation,and community groups to
4 ensure that program activities reflect and address community needs
5 and interests.
6 31413. (a) The conservancy shall prepare a lower cost coastal
7 accommodations plan that includes, at a minimum, all of the
8 following elements:
9 (1) A description of specific opportunities to improve existing
10 and develop new lower cost accommodations on coastal public
11 lands and coastal lands owned or operated by nonprofit
12 organizations, including a list of potentially suitable sites for the
13 location of these accommodations such as state, regional, local
14 parks, lands held by harbor or open-space districts, and public
15 lands not yet designated as parks.
16 (2) Estimates of daily occupancy or rental rates, based on
17 geographic location, seasonality, and other relevant factors, that
18 the conservancy will use for purposes of identifying existing lower
19 cost accommodations as well as potential future projects for
20 program support. Any estimates developed pursuant to this
21 paragraph shall not be interpreted to conflict with any rights and
22 responsibilities of the Department of Parks and Recreation to
23 establish rental rates or fees for accommodations within its
24 jurisdiction.
25 (3) Data and analysis regarding the existing supply of lower
26 cost coastal accommodations within the program area, as well as
27 an analysis of the supply of low-cost accommodations relative to
28 population within 150 miles of the California coast.
29 (4) An assessment of demand for,and opportunities to establish,
30 new or expanded lower cost accommodations within the program
31 area.
32 (5) Criteria for prioritizing investment of program funds in
33 accommodation projects, such as any applicable legal requirements
34 that may apply to those funds, geography, existing disparities in
35 park or coastal access, availability of public agency or nonprofit
36 partners, adequacy of existing infrastructure and services, and
37 financial feasibility.
38 (6) A description of needed and anticipated measures to ensure
39 that accommodation projects that maybe supported by the program
40 will be consistent with the purposes of this chapter.
99
HB -37- Item 5. - 8
-7— AB 250
1 (7) A list of appropriate public and private funding sources and
2 potential financing mechanisms to support development and
3 operation of lower cost accommodation projects.
4 (b) (1) The conservancy shall update the plan not less than
5 every five years,and maintain a current list of potential lower cost
6 accommodation projects that may be implemented, subject to
7 available funding.
8 (2) Each five-year update of the plan shall include an evaluation
9 of the conservancy's implementation of the program and plan over
10 the preceding five years, and shall describe any recommended
11 changes that may be needed to improve the program's
12 effectiveness.
13 (c) For purposes of this section, lower cost accommodations
14 may include, but are not limited to, campgrounds, cabins,
15 limited-stay RV parks, hostels, motels, and hotels.
16 31414. (a) The conservancy may develop and implement a
17 pilot program for the purposes of identifying and testing measures
18 that support development, improvement, maintenance, and
19 operation of lower cost accommodations by private entities. The
20 conservancy shall establish criteria for selection of projects that
21 are eligible to receive assistance under the pilot program.
22 (b) In carrying out a pilot program, the conservancy may do all
23 of the following:
24 (1) Purchase existing low-cost accommodations and operate
25 those accommodations through leases or operating agreements
26 with qualified regional or local park agencies, concessionaires, or
27 nonprofit organizations.
28 (2) Purchase and resell existing accommodations to willing
29 buyers, including private entities.
30 (3) Provide loans,grants,or other financial assistance to private
31 entities for purposes of acquiring or improving accommodations.
32 (c) (1) Any project or transaction undertaken pursuant to this
33 section shall be subject to terms and conditions prescribed the
34 conservancy to ensure that the project or transaction advances the
35 purposes of the program, is based upon the economic soundness
36 of the project itself, and provides a reasonable expectation that all
37 financial obligations of the project can be met by participating
38 parties.
39 (2) Any sale of real property to a private entity pursuant to this
40 section shall be subject to deed restrictions or other legally
99
Item 5. - 9 HB -38-
AB 250 —8—
1 enforceable instruments that require the property to be used for
2 the provision of lower cost coastal accommodations for at least 30
3 years following the date of sale.
4 (3) Any purchase of property by the conservancy pursuant to
5 this chapter shall not be subject to the Property Acquisition Law
6 (Part 11 (commencing with Section 15850) of Division 3 of Title
7 2 of the Government Code).
O
ss
HB -39- Item 5. - 10
ATTACHMENT #2
SENATE BILL No. 720
Introduced by Senator Allen
February 17, 2017
An act to add Section 831.9 to the Government Code, relating to
government claims.
LEGISLATIVE COUNSEL'S DIGEST
SB 720, as introduced, Allen. Government tort liability: immunity:
beach fire pits.
Existing law prescribes the tort liability of public entities, as defined,
and establishes a process for making claims in this regard. Existing law
specifically immunizes a public entity in connection with certain public
property, including for an injury caused by a natural condition of
unimproved property. Existing law deems a beach to be in a natural
and unimproved condition despite the presence or absence of safety
services such as lifeguards and beach cleanup services. Existing law
immunizes a public entity from liability to a person participating in a
hazardous recreational activity, as defined.
The bill would immunize a public entity and its employees for any
damage or injury to a person or property as a result of a fire or the
remnants of a fire that arises from the use of a fire pit, fire ring, fire
circle, or barbecue grill, located in an area designated for that use, at a
park, beach, or recreational area, owned or controlled by the entity.
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. Section 831.9 is added to the Government Code,
2 to read:
99
Item 5. - 11 HB -40-
SB 720 —2—
1 831.9. A public entity and its employees shall not be liable for
2 any damage or injury to a person or property as a result of a fire
3 or the remnants of a fire, including,but not limited to, embers and
4 ash, that arises from the use of a fire pit, fire ring, fire circle, or
5 barbecue grill,located in an area designated for that use,at a park,
6 beach, or recreational area, owned or controlled by the public
7 entity.
O
99
HB -41_ Item 5. - 12