HomeMy WebLinkAboutApproved City Position on Certain Legislation AB 416 - Gordo 7.
Dept.ID AD 13-015 Page 1 of 4
Meeting Date:6/3/2013
v
CITY OF HUNTINGTON BEACH
_ REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 6/3/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Fred A. Wilson, City Manager
SUBJECT: Approve City Position on Certain Legislation
Statement of Issue:
On May 21, 2013, the Intergovernmental Relations Committee recommended City positions on
certain legislation:
• AB 416 (Gordon)/SUPPORT: Local Emission Reduction Program
® SB 64 (Corbet)/SUPPORT: Proposition 39 Implementation
® AB 1147 (Gomez)/RATIFY May 1, 2013, Letter of Opposition unless Amended: Massage
Therapy
® AB 5 (Ammiano)/Ratify May 23, 2013, Letter of Opposition: Homelessness
® AB 1333 (Hernandez)/OPPOSE: Local Government Contracts
® AB 564 (Mullin)/SUPPORT: Community Redevelopment/Successor Agencies
• AB 325 (Alejo)/OPPOSE: Land use and planning cause of actions/time limitations
• 2013 Federal Agenda Project Priorities: APPROVE the list of project priorities for federal
funding and add Bartlett Park Development Project to the list.
Financial Impact:
Not Applicable
Recommended Action:
A) Authorize the Mayor to sign a letter of Support for AB 416 (Gordon) - Local Emission
Reduction Program; and,
B) Authorize the Mayor to sign a letter of Support for SB 64 - Proposition 39 Implementation;
and,
C) Ratify the submittal of the Mayor's Letter (dated May 1, 2013) of Opposition unless
Amended for AB 1147 (Gomez)— Massage Therapy ; and,
D) Ratify the submittal of the Mayor's Letter (dated May 23, 2013) of Opposition for AB 5
(Ammiano) - Homelessness; and,
Item 2. - I HB -22-
Dept.ID AD 13-015 Page 2 of 4
Meeting Date:6/3/2013
E) Authorize the Mayor to sign a letter of Opposition for AB 1333 (Hernandez) — Local
Government Contracts; and,
F) Authorize the Mayor to sign a letter of Support for AB 564 (Mullin) — Community
Redevelopment/Successor Agencies; and,
G) Authorize the Mayor to sign a Letter of Opposition for AB 325 (Alejo)- Land use and
planning cause of actions/time limitations; and,
H) Approve and authorize the City Manager to sign the 2013 Federal Agenda Project Priorities.
Alternative Action(s):
Do not approve the recommended action on one or more of the items listed above and direct staff
accordingly.
Analysis:
State Issues:
AB 416 (Gordon)/SUPPORT: Existing state law (AB 32 and AB 1532) authorizes the Air Resources
Board to auction carbon credits using market based mechanisms. However, existing state law
does not have a mechanism for investing those revenues in GHG reducing projects. AB 416
proposes the creation of Local Emission Reduction Program and would require money from cap &
trade revenues for providing grants and other financial assistance to develop and implement
greenhouse gas emission reduction projects in CA. Eligible recipients are defined as a city, county,
charter city, charter county, metropolitan planning organization, regional climate authority, special
district, joint powers authority, regional collaborative working with a local government, etc.
Staff is seeking council support for this bill to secure funding for a wide range of clean energy
projects such as the street light conversion project, energy upgrades. This bill could also secure
resources that support implementation of future policies adopted by Council related to climate
mitigation/adaptation.
SB 64 (Corbet)/SUPPORT: Proposition 39 implementation bill. Proposition 39 was passed by
the voters in November 2011. The proposition provides $550 million annually for five years
to fund clean energy projects in public sector facilities. SB 64 is the only Prop 39
implementation bill that preserves the Proposition's intent and keeps local governments
eligible for these funds. The League of CA Cities supports this bill and the staff
recommendation is to support this bill. If the bill passes and local government eligibility is
preserved, HB intends to seek grant funding to reduce the amount borrowed on the street
light purchase and upgrade project to increase savings to the General Fund from $200,000
(10% savings) annually to over $400,000 (20% savings).
AB 1147 (Gomez)/RATIFY Letter of Opposition unless amended: Massage Therapy. This
bill seeks to address issues surrounding SB 731 which intended to set standards for
massage establishments in cities. However, it failed to address certain key regulatory
issues and is due to sunset in January 2015. The League currently has an "oppose unless
amended" position. The proposed amendments are based on spacing and concentration.
On May 7, 2013 Council Member Carchio testified to the Assembly Business, Professions
HB -23- Item 2. - 2
Dept.ID AD 13-015 Page 3 of 4
Meeting Date:6/3/2013
and Consumer Protection Committee in Sacramento. Subsequent that meeting Mayor
Boardman signed the attached Letter of Opposition unless amended.
AB 5 (Ammiano)/OPPOSE: Homeless Persons Bill of Rights —This bill would enact the
Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's
rights, privileges, or access to public services may be denied or abridged because he or
she is homeless . The bill would provide that every homeless person has the right , among
others, to move freely, rest, eat, share, accept, or give food or water, and solicit donations
in public spaces, as defined, and the right to lawful self-employment , as specified,
confidentiality of specified records, assistance of legal counsel in specified proceedings,
and restitution, under specified circumstances. By requiring a county to pay the cost of
providing legal counsel, as specified, the bill would increase the duties of local agencies,
thereby imposing a state-mandated local program. The bill would require local law
enforcement agencies to make specified information available to the public and report to
the Attorney General on an annual basis with regard to enforcement of local ordinances
against homeless persons and compliance with the act, as specified, thereby imposing a
state-mandated local program. The bill would provide for judicial relief and impose civil
penalties for a violation of the act. This bill contains other related provisions and other
existing laws. AB 5 was being heard by the Assembly and Appropriations Committee on
May 24, 2013; therefore, Mayor Boardman was asked to sign a Letter of Opposition prior to
the hearing (attached).
AB 1333 (Hernandez)/OPPOSE: Local Government Contracts & Recycling would add a
new section to the Government Code, imposing new requirements on local jurisdictions in
administering any contract in excess of $250,000 that contains an automatic renewal, aka
"evergreen" clause. This bill may retroactively impose a prevailing wage requirement on
existing contracts or require such contracts be rescinded.
AB 564 (Mullin)/SUPPORT: This bill would prohibit the Department of Finance from modifying
enforceable obligations after review by the Oversight Board and the Department of Finance (DOF).
The DOF dissolution process has been very frustrating and unpredictable. Successor Agencies are
spending many hours developing documentation on enforceable obligations and obtaining approval
from Oversight Boards only to have items denied or previous DOF approvals reversed. If passed,
this bill will provide better certainty to successor agencies.
AB 325 (Aleio)/OPPOSE: This bill would extend the statute of limitations to file suits against the
city's housing element from one year to over four years. The possibility of a lawsuit looming for four
years would have a devastating effect on development and the local economy.
Federal Issues
2013 Federal Agenda Project Priorities: The City's Federal Lobbyist, Charmayne Anderson, worked
with City staff to develop a list of recommended Federal Project Priorities for 2013 in the areas of
Transportation, Water, Fire, and Community Development. In addition, several areas of
recommended legislation that would benefit the Citify of Huntington Beach are included under
Policy and Administrative Priorities Section.
Environmental Status:
N/A
Strategic Plan Goal:
Improve long-term financial sustainability
Enhance Economic Development
Item 2. - 3 HB -24-
Dept.ID AD 13-015 Page 4 of 4
Meeting Date:6/3/2013
Improve the City's Infrastructure
Enhance and Maintain Public Safety
Attachment(s):
Back-up Information for:
1. AB 416 (Gordon: Local Emission Reduction Program
2. SB 64 (Corbet): Proposition 39 Implementation
3. AB 1147 (Gomez): Massage Therapy
4. AB 5 (Ammiano): Homelessness
5. AB 1333 (Hernandez): Local Government Contracts
6. AB 564 (Mullin)/SUPPORT: Community Redevelopment/Successor Agencies
7. AB 325 (Alejo)/OPPOSE: Land use and planning cause of actions/time limitations
8. 2013 Federal Agenda Project Priorities
HB -25- Item 2. - 4
ATTACHMENT # 1
Page 1 of 1
Search Results
Thursday, May 23, 2013
AB 416 (Gordon D) State Air Resources Board: Local Emission Reduction Program.
(Amended: 4/4/2013)
Status: 5/1/2013-In committee: Set, first hearing. Referred to APPR. suspense file.
Location; 5/1/2013-A. APPR. SUSPENSE FILE
2'yearl Desk I Poli cyl Fiscal I Fl oo riDeskIPolicyl Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Calendar: 5/24/2013 Upon Adjournment of Session - State Capitol, Room 4202
ASSEMBLY APPROPRIATIONS SUSPENSE, GATTO, Chair
summary: Existing law designates the State Air Resources Board as the state agency with
the primary responsibility for the control of vehicular air pollution and air pollution control
districts and air quality management districts with the primary responsibility for the control
of air pollution from all sources other than vehicular sources. This bill would create the
Local Emission Reduction Program and would require money to be available from the
General Fund, upon appropriation by the Legislature, for purposes of providing grants and
other financial assistance to develop and implement greenhouse gas emissions reduction
projects in the state. The bill would require the state board, in coordination with the
Strategic Growth Council, to administer the program, as specified. The bill would require
the implementation of the program to be contingent on the appropriation of moneys by the
Legislature, as specified.
Attachments:
AB 416 (Gordon) Support Asm. Appropriation
AB 416 Gordon Support, Asm. Natural Resources
AB 416 (Gordon) Sample Support Letter
AB 416 (Gordon) Author, Support
Policy Committee Primary Lobbyist 2nd Lobbyist
(primary)
Environmental
_Quality Rhine, Jason
Transportation,
_Communications
and _Public_Works
League Position Position Taken Policy Committee Policy Analyst
(secondary)
Support Hot
Total Measures: 1
Total Tracking Forms: 1
5123,12013 '0:14:37 ANI
xB -27- Item 2. - 6
http://ct3k].capitoltrack.com/public/search.aspx?id=-au�-ro-,1)9-37cd-42cd-8217-d19b4d25._. 5123/2( .�
******CITY LETTERHEAD****
Date
Your Legislator
California State Assembly
State Capitol Building, Room 44#
Sacramento, CA 95814
RE: AB 416(Gordon) Local Emission Reduction Program. (as amended April 4. 2013)
NOTICE OF SUPPORT
Dear Assembly Member or Senator
The City of is pleased to support AB 416
(Gordon), which would create the Local Emission Reduction Program and allocate monies to
local governments for grants and other financial assistance to develop and implement
greenhouse gas (GHG) emission reduction projects.
Local governments are instrumental to meeting state climate and energy goals. As the closest level
of government to Californians, we are able to make a significant impact by taking action in our
communities and promoting public awareness. Local leadership enables cities, counties and special
districts to work together with a number of partners to initiate projects that target the bibgest GHG
reductions. promote energy efficiency and water use efficiency, and create jobs, all of which will
spur local economies as well as the states economy.
Due to the recent economic downturn our budget has been sapped, preventing projects from being
funded or completed. We believe a program that dedicates Funds for local governments to
implement GHG reducing projects will best serve the state in its quest to achieve the goals set forth
by AB 32. We agree that funding moneys should be used to fund both innovative projects that create
new systerns or technologies as well as implementation of existing projects proven to reduce or
sequester GHG emissions. Insert examples of projects your city would use this funding for.
AB 416 creates a program to support local governments as they work to deliver GHG reducing..
energy efficiency improving projects that will create jobs and improve the economy. For these
reasons, the City of supports AB 416.
Sincerely,
NAME
TITLE
CITY
cc: Assembly Member Rich Gordon, Fax: (916) 319-2124
Jason Rhine, League of California Cities, Fax: (916)658-8240
Item 2. - 7 HB -28-
AMENDED 1N ASSEMBLY APRIL 4,2013
AMENDED IN ASSEMBLY MARCH 21, 2013
CALIFORNIA LEGISLATURE-2013-1¢REGULAR SESSION
ASSEMBLY BILL No. 416
Introduced by Assembly Member Gordon
February IS, 2013
E
An act to add Chapter 3.6(commencing with Section 39680)to Part
2 of Division 26 of the Health and Safety Code, relating to greenhouse
gases.
f
LEGISLATIVE COUNSEL'S DIGEST
AB 416, as amended, Gordon. State Air Resources Board: Local
Emission Reduction Program.
Existing law designates the State Air Resources Board as the state
agency with the primary responsibility for the control of vehicular air
pollution and air pollution control districts and air quality management
districts with the primary responsibility for the control of air pollution
from all sources other than vehicular sources.
This bill would create the Local Emission Reduction Program and
would require money to be available from the General Fund, upon
appropriation by the Legislature, for purposes of providing grants and
other financial assistance to develop and implement greenhouse gas
emissions reduction projects in the state. The bill would require the
state board, in coordination with the Strategic Growth Council, to
administer the program, as specified. The bill would require the
implementation of the program to be contingent on the appropriation
of moneys by the Legislature, as specified.
97
HB _29_ Item 2. - 8
AB 416 —2—
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
I SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) The reduction of greenhouse gas emissions is critical to
4 public health, safety, the economy, and the natural environment
5 that residents rely on.
6 (b) State investments in local and regional greenhouse gas
7 emission reduction projects in this state help local communities
8 thrive, support the state's emission-reduction and clean-energy
9 targets, lower the statewide unemployment rate, and spur new job
10 growth.
I (c) Providing incentives to local governments to plan and
12 implement their own greenhouse gas emission reduction efforts
13 will assist the state to reach its emission-reduction targets faster
14 and more efficiently.
15 (d) Local greenhouse gas emission reduction initiatives best
16 recognize the particular reduction opportunities at the local level
17 and provide an opportunity to enhance the environment and
18 economy of local and regional places through multibenefit projects.
19 (e) Local governments are well suited to coordinate and
20 aggregate micro-,small-,community-,and regional-scale projects
21 that will help the state reach its environmental targets while
22 providing incentives to investments and job growth at the local
23 level.
24 (f) It is the intent of the Legislature to promote investments in
25 local and regional greenhouse gas emission reduction projects.
26 SEC.2. Chapter 3.6(commencing with Section 39680)is added
27 to Part 2 of Division 26 of the Health and Safety Code, to read:
28
29 CHAPTER 3.6. LOCAL EMISSION REDUCTION PROGRAM
30
31 39680. (a) The Local Emission Reduction Program is hereby
32 created.
33 (b) Moneys shall be available from the General Fund, upon
34 appropriation by the Legislature, for purposes of carrying out this
35 chapter.
97
Item 2. - 9 HB -30-
-3— AB 416
(c) (1) The state board,incoordination with other state entities,
2 as appropriate, shall establish the Local Emission Reduction
3 Program to provide local assistance grants and other financial
4 assistance to eligible recipients for the purposes of developing and
5 implementing greenhouse gas emissions reduction projects in this
6 state.
7 (2) The state board, in coordination with the Strategic Growth
8 Council,shall administer the Local Emission Reduction Program.
9 (d) For purposes of this chapter, "eligible recipient" means a
10 city, county, city and county, charter city, charter county,
11 metropolitan planning organization, regional climate authority,
12 special district,joint powers authority, air pollution control or air
13 quality management district, regional collaborative, or nonprofit
14 organization working in coordination with a local government.
15 (e) The state board shall develop standards and guidelines for
16 the distribution of funds to reduce greenhouse gas emissions and
17 to maximize the ability to achieve one or more of the following:
18 (1) Decrease air or water pollution.
19 (2) Reduce the consumption of natural resources or energy_
20 (3) Provide opportunities to achieve greenhouse gas emissions
21 reductions in ways that increase localized energy resources.
22 (4) Promote public-private partnerships to implement energy
23 efficiency and clean energy projects with financing incentives for
24 residential and commercial facilities.
25 (5) Increase the reliability of local water supplies.
26 (6) Increase solid waste diversion from landfills.
27 (7) Increase electric vehicle infrastructure.
28 (8) Achieve greenhouse gas emissions reductions in ways that
29 reduce vehicle miles traveled.
30 (9) Prevent conversion of agricultural, forest, and open space
31 lands to uses that result in higher greenhouse gas emissions.
32 (f) In evaluating potential projects to be funded pursuant to this
33 chapter, the state board and the Strategic Growth Council shall
34 give priority to projects that demonstrate one or more of the
35 following characteristics:
36 (1) Regional implementation.
37 (2) The ability to leverage additional public and private funding_
38 (3) The potential for cobenefits or multibenefit attributes.
39 (4) The potential for the project or program to be replicated_
40 (5) Consideration of geographic and socioeconomic issues.
97
N$ -3 1- Item 2. - 10
AB 416 —4-
1 (g) The state board shall ensure that the Local Emission
2 Reduction Program provides opportunities for both small and large
3 population participants.
4 (h) The state board, in coordination with the Strategic Growth
5 Council, shall ensure funding is available pursuant to this chapter
6 for both of the following:
7 (1) The development and implementation of innovative projects
8 that create new systems or technologies.
9 (2) (A) The implementation of existing,proven greenhouse gas
10 emissions reducing or sequestering projects, including, but not
11 limited to, those projects and programs already adopted by local
12 agencies.
13 (B) Projects receiving funding pursuant to subparagraph (A)
14 shall receive funding on a competitive basis.
15 39681. The state board, in implementing a grant program
I6 pursuant Section 39680, shall develop standards and guidelines to
17 ensure projects funded pursuant to this chapter maximize funds
18 appropriated, provide environmental and economic benefits, and
19 do not conflict with other areas of law.
20 39682_ It is the intent of the Legislature that moneys shall be
21 appropriated for this chapter only in a manner consistent with the
22 requirements of this part, including Chapter 4.1 (commencing with
23 Section 39710), and Article 9.7(commencing with Section 16428.8)
24 of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government
25 Code.
26 39683_ The implementation of this chapter, including the
27 development of standards and guidelines by the state board
28 pursuant to this chapter and the provision offanancial assistance
29 to eligible recipients pursuant to Section 39680,shall be contingent
30 on the appropriation of moneys by the Legislature for these
3I purposes.
O
97
Item 2. - 11 xB -32-
ATTACHMENT #2
Page 1 of 1
Search Results
Thursday, May 23, 2013
SB 64 (Cor et# D) Proposition 39: implementation. (Amended: 4/23/2013)
Status: 5/17/2013-Set for hearing May 23.
Location: 5/13/2013-5. APPR. SUSPENSE FILE
2Year Desk Policy Fiscal Floorl Deskl Policy I Fiscal I A oorl Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House Conc.
Calendar: 5/23/2013 9:30 a.m. - John L. Burton Hearing Room (4203)
SENATE APPROPRIATIONS SUSPENSE, DE LE6N, Chair
Summary: The California Clean Energy Jobs Act, an initiative approved by the voters at
the November 6, 2012, statewide general election as Proposition 39, made changes to
corporate income taxes and, except as specified, provides for the transfer of$550,000,000
annually from the General Fund to the Clean Energy Job Creation Fund for 5 fiscal years
beginning with the 2013-14 fiscal year. Moneys in the Clean Energy Job Creation Fund are
available, upon appropriation by the Legislature, for purposes of funding eligible projects
that create jobs in California improving energy efficiency and expanding clean energy
generation. Existing law provides for the allocation of these funds for eligible projects at
public school facilities, university and college facilities, and other public buildings and
facilities, as well as job training and workforce development, and public-private
partnerships, as specified. This bill would require the State Energy Resources Conservation
and Development Commission to develop and administer programs, consistent with the act,
to provide financial assistance to school districts, cities, and counties to install energy
efficiency or clean energy technology in public schools and municipal facilities. The bill
would appropriate for the 2013-14 fiscal year an unspecified sum from the Clean Energy
Job Creation Fund to the commission for the above purpose, thereby making an
appropriation.
Attachments:
SB 64 (Corbett) SAMPLE Support Letter
SB 64 (Corbett) Letter of Support
Policy Committee Primary Lobbyist 2nd Lobbyist
(primary)
Environmental
_Quality Jason
League Position Position Taken Policy Committee Policy Analyst
(secondary)
Support Hot
Total Measures: 1
Total Tracking Forms: 1
5!2312013 1 C 16 19 ANI
Item 2. - 13 HB -34-
nt1p://c1.)K I.capitoItrack.com/public/search.aspx?id—au-+o.,,99-37cd-42cd-8217-d 19b4d25... 5/23/20 13
***CITY LETTERHEAD***
DATE
The Honorable Ellen Corbett
Member, California State Senate
State Capitol Building, Room 313
Sacramento, CA 95814
FAX: 327-2433
Re: SB 64 (Corbett)—Proposition 39 implementation
NOTICE OF SUPPORT
Dear Senator Corbett,
The City/Town of is pleased to support your SB 64, which would require the
California Energy Commission(CEC) to develop and administer programs to provide financial
assistance to school districts, cities and counties to install energy efficiency and clean energy
technology projects for their facilities.
Proposition 39 calls for its funding to be prioritized to"maximize job creation, energy savings,
geographical and economic equity." It provides significant and much-needed public investment. [if
you have specific examples of energy efficiency and clean energy technology projects that could
compete for funding if SB 64 passes, please include here.]
SB 64 requires the CEC to use existing resources, programs,and expertise to develop and administer
energy efficiency programs. Agencies that apply for funds must submit a feasibility study showing
cost and energy saving estimates for each project. We believe SB 64 would provide for
implementation of Proposition 39 in a way that honors voter intent and maximizes the opportunity to
invest broadly in the most cost-effective projects from all public agencies.
For these reasons, the City/Town of supports SB 64.
Sincerely,
NAME
TITLE
CITY/TOWN of
cc: Your Senator&Assembly Member
Your League Regional Public Affairs Manager
Jason Rhine, League of California Cities, FAX: (916)658-8240
HB -35- Item 2. - 14
AMENDED IN SENATE APRIL 23,2013
AMENDED IN SENATE APRIL 9, 2013
AMENDED IN SENATE APRIL 1, 2013
SENATE BILL No. 64
Introduced by Senator Corbett
January 10, 2013
An act to add Chapter 5 (commencing with Section 26230) to
Division 16.3 of the Public Resources Code, relating to energy
efficiency, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 64,as amended, Corbett. Proposition 39: implementation.
The California Clean Energy.lobs Act,an initiative approved by the
voters at the November 6, 2012, statewide general election as
Proposition 39, made changes to corporate income taxes and, except
as specified, provides for the transfer of$550,000,000 annually from
the General Fund to the Clean Energy Job Creation Fund for 5 fiscal
years beginning with the 2013-14 fiscal year. Moneys in the Clean
Energy .lob Creation Fund are available, upon appropriation by the
Legislature, for purposes of funding eligible projects that create jobs
in California improving energy efficiency and expanding clean energy
generation. Existing law provides for the allocation of these funds for
eligible projects at public school facilities, university and college
facilities,and other public buildings and facilities,as well as job training
and workforce development, and public-private partnerships, as
specified.
This bill would require the State Energy Resources Conservation and
Development Commission to develop and administer programs,
96
i
Fi
Item 2. - 15 HB -36-
SB 64 —2--
consistent with the act,to provide financial assistance to school districts,
cities, and counties to install energy efficiency or clean energy
technology in public schools and municipal facilities. The bill would
appropriate for the 2013--14 fiscal year an unspecified sum from the
Clean Energy Job Creation Fund to the commission for the above
purpose, thereby making an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 5 (commencing with Section 26230) is
2 added to Division 16.3 of the Public Resources Code, to read:
3
4 CHAPTER 5. PROGRAMS FOR PUBLIC BUILDINGS
5
6 26230. (a) The State Energy Resources Conservation and
7 Development Commission shall, utilizing existing resources,
8 programs, and expertise, develop and administer programs,
9 consistent with Section 26205, to provide financial assistance to
10 school districts,cities,and counties to install low risk,high-return
I 1 energy efficiency or clean energy technology in public schools
12 with kindergarten or grades 1 to 12, inclusive, or municipal
13 facilities that will do all of the following:
14 (I) Reduce fossil fuel emissions in a manner that is
15 environmentally sustainable and,to the greatest extent practicable,
16 to maximize benefits for local and regional communities.
17 (2) Reduce the total energy use of the school district, city, or
18 county.
19 (3) Improve energy efficiency of the schools or municipal
20 facilities.
21 (b) Projects eligible for financial assistance pursuant to programs
22 developed pursuant to subdivision(a) include,but are not limited
23 to, the following:
24 (1) Lighting retrofits and controls.
25 (2) Street lighting and traffic signal retrofits.
26 (3) Heating,ventilation,and air-conditioning modifications and
27 controls.
28 (4) Automated energy management systems, motors, and
29 variable speed drives and pumps.
96
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t
r
F
HB -37- Item 2. - 16
-3— SB 64
1 (5) Water or wastewater system process and control retrofits.
2 (6) Clean energy technology that is intended to primarily offset
3 part or all of the facility's electrical requirements.
4 (c) Theme programs developed pursuant to subdivision
5 (a) shal l ensure the projects receiving financial assistance are Best
6 eRetive consistent with the state's loading order, as described in
7 the Energy Action Plan II jointly adopted by the Public Utilities
8 Commission and the State Energy Resources Conservation and
9 Development Commission, and are cost effective, reliable, and
10 feasible, with total energy savings benefits exceeding project costs.
1 (d) The commission shall require a school district,city,orcounty
12 applying for financial assistance pursuant to a program developed
13 pursuant to subdivision (a) to submit a feasibility study that
14 provides estimates of costs and energy savings resulting from a
15 project.
16 (e) The commission shall not provide financial assistance
17 pursuant to a program developed pursuant to subdivision (a) of
18 projects related to swimming pools, gambling establishments,
19 aquariums, zoos, or golf courses.
20 (0 (1) The commission may adopt guidelines governing the
21 award, eligibility, and administration of the programs developed
22 pursuant to subdivision(a).
23 (2) The commission shall adopt guidelines at a publicly noticed
24 meeting and provide an opportunity for the public to comment.
25 The commission shall provide a written public notice of meeting
26 at least 30 days prior to the meeting.
27 (3) For substantive revision of the guidelines, the commission
28 shall provide a written notice of meeting at least 15 days prior to
29 the meeting at which the revision is to be considered or adopted.
30 (4) The adoption or revision of guidelines pursuant to this
31 subdivision is exempt from the requirements of Chapter 3.5
32 (commencing with Section 1 1340)of Part I of Division 3 of Title
33 2 of the Government Code.
34 26231. The sum of dollars($_)is hereby appropriated
35 for the 2013-14 fiscal year from the Job Creation Fund to the State
36 Energy Resources Conservation and Development Commission
37 for the purposes of this chapter.
O
96
I
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Item 2. - 17 HB -38-
ATTACHMENT #3
Page 1 of I
:x
Search Results
Thursday, May 23, 2013
AB 1147 (Gomez D) Massage therapy. (Amended: 5/13/2013)
Status: 5/16/2013-Ordered to inactive file at the request of Assembly Member Gomez.
Location: 5/16/2013-A. INACTIVE FILE
2Yea rjDeskj Policy Fiscal I Floor Deski Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House jConc.1
Summary: Existing law, until January 1, 2015, provides for the voluntary certification of
massage practitioners and massage therapists by the California Massage Therapy Council.
This bill would additionally require an applicant for a certificate as a massage practitioner to
pass a massage and bodywork competency assessment examination that meets generally
recognized psychometric principles and standards, and that is approved by the council. This
bill contains other related provisions and other existing laws.
Attachments:
AB 1147 (Gomez) SAMPLE Oppose Unless Amended
AB 1147 (Gomez) Notice of D000se. Unless Amended
Policy Committee Primary Lobbyist 2nd Lobbyist
(primary)
Housing Community Kolpitcke, Kirstin
and Economic
Development
League Position Position Taken Policy Committee Policy Analyst
(secondary)
Oppose Unless Amend Hot
Total Measures: 1
Total Tracking Forms: 1
5i23.12013 1 i 7:39 AM
S
Item 2. - 19 HB -40-
nttp://C(.JKI.capitoltrack.com/public/search.aspx. —Qu toj L 99-37cd-42cd-8217-d 19b4d25... 5/23/2013
City ®f Huntington Beach
P. O. BOX 190 2000 MAIN STREET CALIFORNIA 92648
ro. �
t _,._.._.__...... Connie Boardman
Mayor
May 1, 2013
The Honorable Jimmy Gomez
California State Assembly
State Capitol Building, Room 2176
Sacramento, CA 95814
FAX: (916) 319-2151 ;
Dear Assembly Member Gomez:
RE: AB 1147 (Gomez) Massacre Therapy-
(as Amended on April 15, 2013)
Notice of Oppose, Unless Amended :.
The city of Huntington Beach has taken a position of oppose, unless amended on AB 1147,
which seeks to address issues surrounding legislation passed in 2008 (SB 731)relating to
massage establishments.
One of the unintended consequences of SB 731 is that massage establishments have fewer
regulations than EVERY other business. SB 731 changed the ability of local governments to
regulate the massage industry because it prohibits local governments from regulating or
enacting ordinances for a business that employs certified massage therapists, unless the
requirements are"no different than the requirements that are uniformly applied to all other
individuals and businesses providing professional services."
Cities are seeking to strike a balance with the California Massage Therapy Council with regards
to our ability to regulate these establishments but have yet to be able to reach a compromise. 1
We appreciate Assembly Member Gomez for carrying this issue and hope that the Legislature
urges the Council to resolve our city's concerns.
Prior to SB 731 becoming law, Huntington Beach had its own ordinance we felt was very
effective in managing massage establishments. At that time, we had nine (9) businesses that
fell under the regulation of our ordinance. Huntington Beach currently has 65 massage
establishments that fall under ouriurisdictian. The proliferation of massage establishments
since the implementation of SB 731 and the inception of the California Massage Therapy
Council has been unprecedented. Based on investigations by the Police Department, the
overwhelming majority of new massage establishments are illicit businesses that operate as
fronts for prostitution. Our inability at the local level to effectively manage these businesses has
negatively impacted the safety and security of our entire community.
FAX (714) 536-5233 TELEPHONE (71 A) 536-5553 Sister City: An;o, Japan
xB -41- Item 2. - 20
The Honorable Jimmy Gomez
Page 2
May 1, 2013
For these reasons, the city of Huntington Beach opposes passage of AB 1147, unless
appropriately amended as recommended by the League of California Cities in their letter dated
April 29, 2013, as follows:
Add one member to CAMTC appointed by the California Police Chief's Association so
that the public safety expertise is constant.
® Delete language that prohibits jurisdictions from enacting ordinances no different than
the requirements that are uniformly applied to all other individuals and businesses
providing professional services" Currently, jurisdictions can regulate a medical office as
a medical facility, a hair salon as a business that provides hair services, but only
massage parlors have a preferred status and can only be regulated as every other
professional business.
Limit jurisdictions' authority to enact ordinances that require compliance with reasonable
land use standards relating to matters such as spacing and concentration, traffic control,
parking, hours of operation, noise and a revocable permit.
• Clarify that reasonable health and safety requirements for massage establishments
includes that the certificate holder wear his or her ID badge issued by the CAMTC, the
certificate holder register with the jurisdiction in which he or she will be providing
services, the establishment provide a sink with hot and cold running water for employees
to wash their hands, and a restroom facility for the use of patrons in the facility.White we
already have the ability to require reasonable health and safety requirements for a
massage establishment, clarifying what this includes reduces gray areas for ordinances
and the ability to challenge arrests.
® Clarify that an operator includes a manager of a massage establishment and that a
background check can be performed by the local jurisdiction if they are not CAMTC
certified.
® Require an operator(or at least a manager) of a massage establishment to be CAMTC
certified_
Sincerely,
A
Connie Boardman
Mayor
City of Huntington Beach
cc: Senator Mimi Walters
Assembly Member Mansoor
Assembly Member Allen
Elissa Silva, Consultant,Assembly Business, Professions, and Consumer Protection Committee,
FAX: (916)319-3306
Ted Blanchard, Consultant, Assembly Republican Caucus, FAX:(916)319-3902
Tony Cadenas, League of California Cities
Kirstin Kolpitcke, League of California Cities, FAX_(916)658-8240
Item 2. - 21 HB -42-
1400 K Street, Suite 400•Sacramento, California 95814
LEAGUEPhone: 916.658.8200 Fax: 916.658.8240
i)F CAI.IFORINIA www.cacities.org
C I T I ES
April 29,2013
The Honorable Jimmy Gomez
California State Assembly
State Capitol Building, Room 2176
Sacramento. CA 95814
RE: AB 1147(Gomez). Massage therapy.
(as Amended on A ril 15, 2013)
]Notice or oppose, unless Amended
Dear Assembly Member Gomez:
The League of California Cities has taken a position of oppose, unless amended on AB 1147,which seeks
to address issues surrounding legislation passed in 2008(SB 731)relating to massage establishments.
The League has been meeting with the California Massage Therapy Council (CAMTC)since December
but thus far.we have been unable to get our concerns addressed.
While cities have seen some benefits as a result of the 2008 legislation,there have been unintended
consequences and issues that need to be addressed. Illegitimate businesses have found ways to work
within the confines of SB 731 by requiring one or two persons in their establishment to have a
certification(as a cost of doing business) because they know they cannot be regulated if they are CAMTC
certified. If law enforcement enters an establishment that is CAMTC certified,only the massage
therapists are required to have a certification. Upon entering a business,suddenly employees report that
they only work at the front desk, wash towels, manage a tanning bed,or clean the business. If law
enforcement is capable of reporting a massage therapist working without a certification,then that
employee risks losing their certification, while the business continues to operate.
The League is seeking to strike a reasonable balance in AB 1147 and ideally would not like to see SB 731
sunset. However,cities and counties are looking to regain some of their authority to regulate massage
establishments based upon a few conditions such as spacing and concentration. Our amendments are
along the same lines as AB 1616(Gatto), from 2012,which requires local jurisdictions to allow people to
bake and sell homemade goods out of their residential home, but also provides for reasonable regulations
relating to spacing and concentration,traffic control, parking, and noise control.
Therefore, we would like to request the following changes be made to AB 114T.
• Add one member to CAMTC appointed by the California Police Chiefs Association so that the
public safety expertise is constant.
• Delete language that prohibits jurisdictions from enacting ordinances no different than the
requirements that are uniformly applied to all other individuals and businesses providing
professional services. Currently,jurisdictions can regulate a medical office as a medical facility.
a hair salon as a business that provides hair services, but only massage parlors have a preferred
status and can only be regulated as every other professional business.
• Limit jurisdictions' authority to enact ordinances that require compliance with reasonable land
use standards relating to matters such as spacing and concentration, traffic control, parking, hours
of operation, noise and a revocable permit.
• Clarify that reasonable health and safety requirements for massage establishments includes that
the certificate holder wear his or her ID badge issued by the CAMTC, the certificate holder
HB -43- Item 2. - 22
register with the jurisdiction in which he or she will be providing services, the establishment
provide a sink with hot and cold running water for employees to wash their hands,and a restroom
facility for the use of patrons in the facility. While we already have the ability to require
reasonable health and safety requirements for a massage establishment,clarifying what this
includes reduces gray areas for ordinances and the ability to challenge arrests.
® Clarify that an operator includes a manager of a massage establishment and that a background
check can be performed by the local jurisdiction if they are not CAMTC certified.
m Require an operator(or at least a manager)of a massage establishment to be CAMTC certified.
For these reasons, the League has an oppose, unless amended position on AB 1147. If you have any
questions regarding the League's position on this bill, please do not hesitate to contact me at(916)658-
8250.
Sincerely,
Kirstin Kolpitcke
Legislative Representative
cc: Chair and Members,Assembly Business and Professions Committee
Elissa Silva,Consultant,Assembly Business.. Professions and Consumer Protection Committee
Ted Blanchard,Consultant,Assembly Republican Caucus
Item 2. - 23 HB -44-
AMENDED IN ASSEMBLY MAY 13, 2013
AMENDED IN ASSEMBLY MAY 1, 2013
AMENDED IN ASSEMBLY APRIL 15, 2013
CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION
ASSEMBLY BILL. No. 1147
introduced by Assembly Member Gomez
February 22, 2013
An act to amend Sections 4601 and 4612 of the Business and
Professions Code,relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1147, as amended,Gomez. Massage therapy.
Existing law, until January 1, 2015, provides for the voluntary
certification of massage practitioners and massage therapists by the
California Massage Therapy Council.
Existing law specifies the requirements for the council to issue to an
applicant a certificate as a massage practitioner, including, but not
limited to, successfully completing curricula in massage and related
subjects totaling a minimum of 250 hours or the credit unit equivalent,
as specified.
This bill would additionally require an applicant for a certificate as
a massage practitioner to pass a massage and bodywork competency
assessment examination that meets generally recognized psychometric
principles and standards, and that is approved by the council.
Existing law specifies the requirements for the council to issue to an
applicant a certificate as a massage ,
ettrriettla in mas age and relate sttl�eets-
96
HB -45- Item 2. - 24
AB 1147 —2—
and that is approved by the eattfiei`. therapist. Among these
requirements, existing law requires an applicant to either (1)
successfully complete a minimum of 500 hours, or the credit unit
equivalent, of curricula in massage and related subjects, with at least
250 hours being from approved schools, or (2) successfully complete
a minimum of 250 hours of curricula in massage and related subjects
at an approved school, with at least 100 hours of instruction in certain
subjects, and to pass a massage and bodywork competency assessment
examination, as specified, that is approved by the council.
This bill would instead require an applicant for a certificate as a
massage therapist to successfully complete a minimum of 250 hours of
curricula in massage and related subjeets
hotws or t eredit unit ,... ' e fied nd subjects at an
approved school, with at least 100 hours of instruction in certain
subjects, and to pass the massage and bodywork competency assessment
examination as described above.
Existing law authorizes a city, county, or city and county to impose
certain requirements on massage establishments or businesses that are
the sole proprietorship of an individual certified pursuant to existing
state law or that employ or use only persons who are so certified.
Existing law authorizes a city, county, or city and county to, among
other things, adopt reasonable health and safety requirements, as
specified, pertaining to those massage establishments or businesses,
and to require an applicant for a business license to operate a massage
business or establishment to fill out an application that requests relevant
information, as specified.
This bill would authorize a city, county,or city and county to require
a massage establishment or business described above to apply for and
receive a revocable certificate of registration.The bill would authorize
a city, county, or city and county to require from an applicant, among
other things, copies of specified identification and a statement that the
business will only employ or use certified persons to provide massage
services and that failure to comply with this provision may result in
suspension or revocation of, imposition of conditions upon, or action
against the certificate of registration. The bill would authorize a city,
county,or city and county to require a massage establishment or business
96
Item 2. - 25 HB -46-
-3— AB 1147
to comply with specified local ordinances, regulations, rules,
requirements, or restrictions as a condition of granting or maintaining
a revocable certificate of registration and would authorize a city,county,
or city and county to, at its sole discretion, suspend, revoke, or impose
conditions upon a certificate of registration for cause.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows
1 SECTION 1. Section 4601 of the Business and Professions
2 Code is amended to read.
3 4601. (a) The council shall issue a certificate under this chapter
4 to an applicant who satisfies the requirements of this chapter.
5 (b) (1) In order to obtain certification as a massage practitioner,
6 an applicant shall submit a written application and provide the
7 council with satisfactory evidence that he or she meets all of the
8 following requirements:
9 (A) The applicant is 18 years of age or older.
10 (B) The applicant has successfully completed, at an approved
II school, curricula in massage and related subjects, totaling a
12 minimum of 250 hours or the credit unit equivalent, that
13 incorporates appropriate school assessment of student knowledge
14 and skills. Included in the hours shall be instruction addressing
15 anatomy and physiology, contraindications, health and hygiene,
16 and business and ethics, with at least 100 hours of the required
17 minimum 250 hours devoted to these curriculum areas.
18 (C) The applicant has passed a massage and bodywork
19 competency assessment examination that meets generally
20 recognized psychometric principles and standards, and that is
21 approved by the council. The successful completion of this
22 examination may have been accomplished before the date the
23 council is authorized by this chapter to begin issuing certificates.
24 (D) All fees required by the council have been paid.
25 (2) New certificates shall not be issued pursuant to this
26 subdivision after December 31,2015. Certificates issued pursuant
27 to this section or subdivision(a)or(c)of Section 4604 on or before
28 December 31, 2015, shall, after December 31, 2015, be renewed
29 without any additional educational requirements,provided that the
30 certificate holder continues to be qualified pursuant to this chapter.
96
t
xB -47- Item 2. - 26
AB 1147 —4-
1 (c) In order to obtain certification as a massage therapist, an
2 applicant shall submit a written application and provide the council
3 with satisfactory evidence that he or she meets all of the following
4 requirements:
5 (1) The applicant is 18 years of age or older.
6 (2) The applicant has successfully completed the curricula in
7 massage and related subjects totaling a minimum of 500 hours or
8 the credit unit equivalent. Of this 500 hours, a minimum of 250
9 hours shall be from approved schools. Included in the 250 hours
1.0 from approved schools shall be instruction addressing anatomy
11 and physiology, contraindications, health and hygiene, and
12 business and ethics, with at least 100 hours of the required 250
13 hours from approved schools devoted to these curriculum areas.
14 The remaining 250 hours required may be secured either from
15 approved or registered schools, or from continuing education
16 providers approved by, or registered with, the council or the
17 Department of Consumer Affairs. After December 31, 2015,
18 applicants may only satisfy the curricula in massage and related
19 subjects from approved schools.
20 (3) The applicant has passed a massage and bodywork
21 competency assessment examination that meets generally
22 recognized psychometric principles and standards, and that is
23 approved by the council. The successful completion of this
24 examination may have been accomplished before the date the
25 council is authorized by this chapter to begin issuing certificates.
26 (4) All fees required by the council have been paid.
27 (d) The council shall issue a certificate to an applicant who
28 meets the other qualifications of this chapter and holds a current
29 and valid registration,certification,or license from any other state
30 whose licensure requirements meet or exceed those defined within
31 this chapter. The council shall have discretion to give credit for
32 comparable academic work completed by an applicant in a program
33 outside of California.
34 (e) An applicant applying for a massage therapist certificate
35 shall file with the council a written application provided by the
36 council, showing to the satisfaction of the council that he or she
37 meets all of the requirements of this chapter.
38 (f) Any certification issued under this chapter shall be subject
39 to renewal every two years in a manner prescribed by the council,
Item 2. - 27 xB -48-
5— AB 1147
l and shall expire unless renewed in that manner.The council may
2 provide for the late renewal of a certificate.
3 (g) (1) The council shall have the responsibility to determine
4 that the school or schools from which an applicant has obtained
5 the education required by this chapter meet the requirements of
6 this chapter. 1f the council has any reason to question whether or
7 not the applicant received the education that is required by this
8 chapter from the school or schools that the applicant is claiming,
9 the council shall investigate the facts to determine that the applicant
10 received the required education prior to issuing a certificate.
11 (2) For purposes of paragraph (1) and any other provision of
12 this chapter for which the council is authorized to receive factual
13 information as a condition of taking any action, the council shall
14 have the authority to conduct oral interviews of the applicant and
15 others or to make any investigation deemed necessary to establish
16 that the information received is accurate and satisfies any criteria
17 established by this chapter_
18 (h) The certificate issued pursuant to this chapter, as well as
19 any identification card issued by the council,shall be surrendered
20 to the council by any certificate holder whose certificate has been
21 suspended or revoked. ;.
22 SEC. 2. Section 4612 of the Business and Professions Code is i
23 amended to read:
24 4612. (a) (1) The holder of a certificate issued pursuant to
25 this chapter shall have the right to practice massage, consistent
26 with this chapter and the qualifications established by his or her
27 certification, in any city, county, or city and county in this state
28 and shall not be required to obtain any other license, permit, or
29 other authorization, except as provided in this section, to engage
30 in that practice.
31 (2) Notwithstanding any other provision of law, a city, county,
32 or city and county shall not enact an ordinance that requires a
33 license, permit, or other authorization to provide massage for
34 compensation by an individual who is certified pursuant to this
35 chapter and who is practicing consistent with the qualifications
36 established by his or her certification, or by a massage business
37 or massage establishment that employs or uses only persons who
38 are certified pursuant to this chapter to provide massage for
39 compensation. No provision of any ordinance enacted by a city,
40 county,or city and county that is in effect before the effective date
96
HB -49- Item 2. - 28
AB 1147 —6—
1 of this chapter, and that requires a license, permit, or other
2 authorization to provide massage for compensation, may be
3 enforced against an individual who is certified pursuant to this
4 chapter or against a massage business or massage establishment
5 that employs or uses only persons who are certified pursuant to
6 this chapter to provide massage for compensation.
7 (3) Except as provided in subdivision(b),nothing in this section
8 shall be interpreted to prevent a city, county, or city and county
9 from adopting or enforcing any local ordinance that provides for
10 reasonable health and safety requirements for massage
I 1 establishments or businesses. Subdivision (b) shall not apply to
12 any massage establishment or business that employs or uses
13 persons toprovide massage services who are not certified pursuant
14 to this chapter.
15 (b) (1) This subdivision shall apply only to massage
16 establishments or businesses that are sole proprietorships, where
17 the sole proprietor is certified pursuant to this chapter, and to
18 massage establishments or businesses that employ or use only
19 persons certified pursuant to this chapter to provide massage
20 services. For purposes of this subdivision, a sole proprietorship is
21 a business where the owner is the only person employed by that
22 business to provide massage services.
23 (2) (A) Any massage establishment or business described in
24 paragraph (1) shall maintain on its premises evidence for review
25 by local authorities that demonstrates that all persons providing
26 massage services are certified.
27 (B) Nothing in this section shall preclude a city,county,or city
28 and county from including in a local ordinance a provision that
29 requires a business described in paragraph (1) to file copies or
30 provide other evidence of the certificates held by the persons who
31 are providing massage services at the business.
32 (3) A city, county, or city and county may charge a massage
33 business or establishment a business licensing fee, provided that
34 the fee shall be no higher than the lowest fee that is applied to
35 other individuals and businesses providing professional services,
36 as defined in subdivision(a)of Section 13401 of the Corporations
37 Code.
38 (4) Nothing in this section shall prohibit a city, county, or city
39 and county from enacting ordinances, regulations, rules,
40 requirements, restrictions, land use regulations, moratoria,
96
Item 2. - 29 HB -50-
--7— AB 1147
1 conditional use permits, or zoning requirements applicable to an
2 individual certified pursuant to this chapter or to a massage
3 establishment or business that uses only individuals who are
4 certified pursuant to this chapter to provide massage for
5 compensation, provided that, unless otherwise exempted by this
6 chapter, these ordinances, regulations, rules, requirements,
7 restrictions, land use regulations, moratoria, conditional use
8 permits, and zoning requirements shalt be no different than the
9 requirements that are uniformly applied to all other individuals
10 and businesses providing professional services, as defined in
1 I subdivision (a) of Section 13401 of the Corporations Code, No
12 provision of any ordinance, regulation, rule, requirement,
13 restriction, land use regulation,moratoria,conditional use permit,
14 or zoning requirement enacted by a city,county,or city and county
15 that is in effect before the effective date of this chapter, and that
16 is inconsistent with this paragraph, may be enforced against an
17 individual who is certified pursuant to this chapter or against a
18 massage business or massage establishment that uses only
19 individuals who are certified pursuant to this chapter to provide
20 massage for compensation.
21 (5) Local building code or physical facility requirements
22 applicable to massage establishments or businesses shall not require
23 additional restroom, shower, or other facilities that are not
24 uniformly applicable to other professional or personal service
25 businesses, nor shall building or facility requirements be adopted
26 that(A)require unlocked doors when there is no staff available to
27 ensure security for clients and massage staff who are behind closed
28 doors, or (B) require windows that provide a view into massage
29 rooms that interfere with the privacy of clients of the massage
30 business_
31 (6) A city, county, or city and county may adopt reasonable
32 health and safety requirements with respect to massage
33 establishments or businesses, including, but not limited to,
34 requirements forcleanliness ofmassageroorns,towels and linens,
35 and reasonable attire and personal hygiene requirements for persons
36 providing massage services,provided that nothing in this paragraph
37 shall be interpreted to authorize adoption of local ordinances that
38 impose additional qualifications, such as medical examinations,
39 background checks, or other criteria, upon any person certified
40 pursuant to this chapter.
96
t
HB -51- Item 2. - 30
AB 1147
1 (7) Nothing in this section shall preclude a city, county,or city
2 and county from doing any of the following:
3 (A) Requiring an applicant for a business license to operate a
4 massage business or establishment to fill out an application that
5 requests the applicant to provide relevant information, as long as
6 the information requested is the same as that required of other
7 individuals and professionals providing professional services as
8 defined in subdivision (a) of Section 13401 of the Corporations
9 Code.
10 (B) Making reasonable investigations into the information so
11 provided.
12 (C) Denying or restricting a business license if the applicant
13 has provided materially false information.
14 (c) An owner or operator of a massage business or establishment
15 who is certified pursuant to this chapter shall be responsible for
16 the conduct of all employees or independent contractors working
17 on the premises of the business.Failure to comply with this chapter
18 may result in revocation of the owner's or operator's certificate in
19 accordance with Section 4603. Nothing in this section shall
20 preclude a local ordinance from authorizing suspension,revocation,
21 or other restriction of a license or permit issued to a massage
22 establishment or business if violations of this chapter, or of the
23 local ordinance, occur on the business premises.
24 (d) Nothing in this section shall preclude a city, county,or city
25 and county from adopting a local ordinance that is applicable to
26 massage businesses or establishments described in paragraph (1)
27 of subdivision(b) and that does either of the following:
28 (1) Provides that duly authorized officials of the city, county,
29 or city and county have the right to conduct reasonable inspections,
30 during regular business hours, to ensure compliance with this
31 chapter, the local ordinance, or other applicable fire and health
32 and safety requirements.
33 (2) Requires an owner or operator to notify the city, county, or
34 city and county of any intention to rename, change management,
35 or convey the business to another person.
36 (e) Nothing in this chapter shall be construed to preclude a city,
37 county, or city and county from requiring a background check of
38 an owner or operator of a massage establishment who owns 5
39 percent or more of a massage business or massage establishment
40 and who is not certified pursuant to this chapter.The background
96
Item 2. - 31 Hg -52-
-9— AB 1147
1 check may include, but is not limited to, a criminal background
2 check, including requiring submission of fingerprints for a state
3 and federal criminal background check, submission of an
4 application that requires the applicant to state information,
5 including,but not limited to,the applicant's business, occupation,
6 and employment history for the 10 years preceding the date of
7 application,the inclusive dates of same,and the name and address
8 of any massage business or other like establishment owned or
9 operated by any person who is subject to the background check
10 requirement of this subdivision. If a noncertified owner's or
11 operator's background check results in a finding that the city,
12 county, or city and county determines is relevant to owning or
13 operating a massage establishment, then the provisions of
14 subdivisions (a) and (b) shall not apply to that establishment and
15 the city,county,or city and county may regulate that establishment
16 in any manner it deems proper that is in accordance with the law.
17 (f) (1) Nothing in this chapter shall preclude a city, county,or
18 city and county from including a provision in a local ordinance
19 requiring the owner or owners of a massage establishment or
20 business described in paragraph(1)of subdivision(b)to apply for
21 and receive a revocable certificate of registration.
22 (2) As part of the application for a certificate of registration,a
23 city, county, or city and county may require the following from
24 an applicant:
25 (A) The full true name under which the massage establishment
26 or business will be conducted.
27 (B) The present or proposed address where the massage
28 establishment or business will be conducted.
29 (C) The full true legal name and mailing address of the owner
30 or owners of the massage establishment or business.
31 (D) A copy of a certificate,or any other evidence of certification,
32 issued to each person pursuant to this chapter who will be providing
33 massage services at the massage establishment or business.
34 (E) A copy ofa photographic government-issued identification
35 card of the owner or owners of the massage establishment or
36 business.
37 (F) A statement that the business will only employ or use
38 persons certified pursuant to this chapter to provide massage
39 services and that failure to comply with this provision may result
96
xB -53- Item 2. - 32
AB 1147 —to
1 in suspension or revocation of, imposition of conditions upon, or
2 action against the certificate of registration.
3 (G) A statement that the applicant will provide written
4 notification of any changes to the original application within 10
5 days of that change occurring.
b (H) Authorization for the city, county, or city and county to
7 investigate the truth of the information contained in the application.
8 (1) 'Be payment of a fee to conduct a background check pursuant
9 to subdivision (e) if the owner or owners of the massage
10 establishment or business applying for the certificate of registration
11 are not certified pursuant to this chapter and own 5 percent or more
12 of the massage establishment or business.
13 (3) A city, county, or city and county may require a massage
14 establishment or business to comply with any applicable local
15 ordinance,regulation,rule,requirement,or restriction that complies
16 with subdivision(b)or(d)as a condition of granting or maintaining
17 a revocable certificate of registration, including, but not limited
18 to, those provisions pertaining to health and safety.
19 (4) A city,county,or city and county may exempt certain classes
20 of persons or businesses from compliance with the requirements
21 for a certificate of registration.
22 (5) A city,county, or city and county may make the certificate
23 of registration nontransferable.
24 (b) A city,county,or city and county may,at its sole discretion,
25 suspend, revoke, impose conditions upon,or otherwise act against
26 a certificate of registration for cause.
O
96
Item 2. - 33 HB -54-
ATTACHMENT #4
Page 1 of 1
Search Results
Thursday, May 23, 2013
AB 5 (Ammiano D) Homelessness. (Amended: 4/30/2013)
Status: 5/15/2013-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/15/2013-A. APPR. SUSPENSE FILE
2Yearl Deskl Policyl Fiscal JFloorJDeskJPolicyJ Fiscal F Conf. Enrolled Vetoed Chaptered
Dead 1st House loor 2nd House Conc.
Calendar: 5/24/2013 Upon Adjournment of Session - State Capitol, Room 4202
ASSEMBLY APPROPRIATIONS SUSPENSE, GATTO, Chair
Summary: Existing law provides that no person in the state shall, on the basis of race,
national origin, ethnic group identification, religion, age, sex, sexual orientation, color,
genetic information, or disability, be unlawfully denied full and equal access to the benefits
of, or be unlawfully subjected to discrimination under, any program or activity that is
conducted, operated, or administered by the state or by any state agency, is funded
directly by the state, or receives any financial assistance from the state. This bill would
enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no
person's rights, privileges, or access to public services may be denied or abridged because
he or she is homeless . The bill would provide that every homeless person has the right ,
among others, to move freely, rest, eat, share, accept, or give food or water, and solicit
donations in public spaces, as defined, and the right to lawful self-employment , as
specified, confidentiality of specified records, assistance of legal counsel in specified
proceedings, and restitution, under specified circumstances. By requiring a county to pay
the cost of providing legal counsel, as specified, the bill would increase the duties of local
agencies, thereby imposing a state-mandated local program. The bill would provide
immunity from employer retaliation to a public employee who provides specified assistance
to a homeless person. The bill would require local law enforcement agencies to make
specified information available to the public and report to the Attorney General on an
annual basis with regard to enforcement of local ordinances against homeless persons and
compliance with the act, as specified, thereby imposing a state-mandated local program.
The bill would provide for judicial relief and impose civil penalties for a violation of the act.
This bill contains other related provisions and other existing laws.
Attachments:
AB 5 Assembly Appropriations Opposition Letter
AB 5 (Ammiano) Opposition Letter
Sample Oppose AB 5 (Ammiano)
Policy Committee Primary Lobbyist 2nd Lobbyist
(primary)
Housing Community Kolpitcke, Kirstin
and Economic
Development
Public_Safety
League Position Position Taken Policy Committee Policy Analyst
(secondary)
Oppose Hot Homelessness
Total Measures, 1
Total Tracking Forms: 1
5/23 20131 10.22.03 AM
Item 2. - 35 HB -56-
http://ct-jx].capitoltrack.com/public/search-aspx?id=au,+O.)i 99-37cd-42cd-8217-d19b4d25... 5/23/2013
f Huntington Beach
P. O. BOX 190 ° 2000 MAIN STREET CALIFORNIA 92648
r ,;�.n•. Connie Boardman
Mayor
May 22, 2013
The Honorable Mike Gatto
Chair, Assembly Appropriations Committee
The Honorable Diane L. Harkey
Vice Chair, Assembly Appropriations Committee
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0043
Fax: (916) 319-2143
Fax (916) 319-2173
Dear Assembly Member Gatto and Assembly Member Harkey:
RE: *URGENT* AB 5 (AMMIANO). HOMELESSNESS. - NOTICE OF OPPOSE
The city of Huntington Beach has taken a position of oppose on AB 5, which would
create the Homeless Person's Bill of Rights and Fairness Act.
While we appreciate the concept of this bill, homelessness is a complicated societal
issue that cannot be adequately addressed with a broad program. California would be
better served by targeting the root causes of homelessness and providing the resources
to allow cities and counties to address the issue at the local level.
The city of Huntington Beach has taken several measures to address this complicated
issue. For instance: City staff spent an inordinate amount of time to assist in the
relocation of a local church group who was assisting the homeless from Triangle Park to
a more permanent location with bathrooms, phones, and other amenities at the Louis
Oehoa Job Center on Gothard and Talbert Streets. The Police Department also
recently worked with a group from the Orange County Rescue Mission who had been
meeting with homeless at Lake Park to provide food and other services to move to the
same location at the old job center in order to facilitate their ability to accomplish their
outreach mission without putting their clients in a position where the local residents
resented their presence at the park. This move made it much less likely of any
enforcement conflicts with the homeless and much more likely they will be able to
receive adequate assistance from the rescue mission.
FAX (714) 536-5233 TELEPHONE (714) 536-5553 Sister City: Anjo,Japan
H B -57- Item 2. - 36
AB 5 (Ammiano) Homelessness — Notice of Oppose
Page 2
May 22, 2013
Additionally, the Police Department has a Directed Enforcement Team who handles
issues associated with activity and complaints regarding homeless citizens. The team
on many occasions has assisted homeless citizens in obtaining medical care,
psychological services, and many other needs. They often act as a liaison for all county
and state services that may be of assistance to the homeless. The team consists of
four (4) police officers and a sergeant who handle a wide variety of issues, most often
described as "quality of life" or other chronic conditions affecting members of our
community.
While we understand the intent of the bill, the city of Huntington Beach is addressing the
issue of homelessness in our community. AB 5 would create costly mandates and
usurp local authority. For these reasons, the city of Huntington Beach has an oppose
position on AB 5. i
j
Sincerely,
Connie Boardman
Mayor
City of Huntington Beach
cc: Assembly Member Don Wagner Fax: (916) 319-2168
Senator Mimi Walters
Assembly Member Mansoor
Assembly Member Allen
Tony Cardenas, League of California Cities
Kirstin Kolpitcke, League of California Cities
f
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Item 2. - 37 HB -58-
A A
DOWNTOWN
C I T I E S A iiq; I a'NON
May 9,2013
The Honorable Mike Gano
Chair,Assembly Appropriations Committee
State Capitol Building, Room 21 M
Sacramento,CA 95814
RE: AB 5(Amm iano) Homelessness. OPPOSE(As amended April 30. 2013)
Dear Assembly Member Gatto:
The League of California Cities,California Special Districts Association,and California Downtown Association
oppose Assembly Bill 5 (Arnmiano), which would enact the Homeless Person's Bill of Rights and Fairness Act. We
recognize the interconnectedness of safe,decent,and permanent housing when addressing the needs of California's
homeless population,such as mental health or substance abuse treatment,and unemployment. However. any solution
seeking to address such a problem must strike a balance between promoting health and safety for all residents and
respecting the local designation of resources. Unfortunately, AB 5 would create costly mandates,blur the line
between local jurisdiction authority.and undermine the local decision making process that would further strain local
Finances. Specifically, AB would:
• Increase costs for local law enforcement by requiring the annual compilation and reporting of statistics on
violations related to obstructing a sidewalk, loitering, sitting, lying down,sleeping in public. soliciting
donations,bathing in public places.sleeping,in a vehicle,jaywalking and trespassing.This is even more
troubling given the scarcity of public safety funding and the new demands created by the corrections
realignment.
• Usurp local authority by prohibiting the enforcement of existing local ordinances if the county does not
maintain year-round nonmedical assistance and there are fewer than 50 people on the county's public
housing waiting list.Cities and special districts do not have authority over county actions,and yet they
would still have their local authority hindered based on the counties actions.Currently, no county meets
these requirements.
• Prevents a local agency from seeking le-al remedies to recoup losses should their employees offer their
facilities and resources for use by,or distribution to,homeless persons without the consent of that local
agency.
• Require eveiy local government to have a-sufficient"number of health and hygiene centers with access 24
hours a day,seven days a week to bathroom and shower facilities,funded by the State Department of Public
Health. This requirement also confuses the autonomy of cities and special districts regarding oversight and
administration responsibilities.
• Mandating that. if a county chooses to initiate judicial proceedings under any law provided for in Civil Code
§53.5(which includes failure to appear- pay a fine,post bail, bathing in public places-violating public park
closure laws,littering and camping), the county must provide the defendant with legal counsel and incur all
related costs.
Despite our opposition to AB 5, we share some common ground with the intent of the bill. Local governments strive
to assist those in need by offering housing,mental health counseling,and other services. As such,we believe that
other legislation introduced this year would more appropriately create solutions for California's homeless. These
HB -59- Item 2. - 38
Oppose—AB.i (Ammiano)
Page 2 of 2
include AB 639(J.Perez),which would repurpose existing bond money authorized to assist veterans with housing and
SB 391 (DeSaulnier),which would provide a reliable and steady source of affordable housing money.
Please do not hesitate to contact the undersigned should you have questions about our opposition to AB 5.
Sincerely,
Kirstin Kolpitcke Dorothy Holzem John Lambeth
Legislative Representative Legislative Representative Legislative Committee Chair
League of California Cities California Special Districts Association California Downtown Association
kkolpitcke(a,cacities.o dorothyhncsda.itet
cc: Honorable Tom Ammiano
Members,Assembly Appropriations Committee
Chuck Nicol,Consultant,Assembly Appropriations Committee
Allan Cooper,Consultant,Assembly Republican Fiscal Office
Item 2. - 39 HB -60-
AMENDED IN ASSEMBLY APRIL 30, 2013
AMENDED IN ASSEMBLY APRIL 8, 2013
CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION
ASSEMBLY BILL. No. 5
Introduced by Assembly Member Ammiano
December 3, 2012
An act to add Part 2.2 (commencing with Section 53.1) to Division
I of the Civil Code, and to amend Section 11135 of the Government
Code, relating to homelessness.
LEGISLATIVE COUNSEL'S DIGEST
AB 5, as amended, Ammiano. Homelessness.
Existing law provides that no person in the state shall, on the basis
of race, national origin, ethnic group identification, religion, age, sex,
sexual orientation,color,genetic information,or disability,be unlawfully
denied full and equal access to the benefits of,or be unlawfully subjected
to discrimination under, any program or activity that is conducted,
operated,or administered by the state or by any state agency, is funded
directly by the state,or receives any financial assistance from the state.
This bill would enact the Homeless Person's Bill of Rights and
Fairness Act, which would provide that no person's rights, privileges,
or access to public services may be denied or abridged because he or
she is homeless, has a low I'torn - mental illfleSS OF
-
homeless. The bill woold pfovidde
low ,
47
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HB -61- Item 2. - 40
AB 5 —2—
disefimittation by law enfi5reernent,in the warkpla�-V-,and while Seeking
serviees- The bill would provide that every homeless person has the
right, among others, t ,
move freely,
rest, eat, share, accept, or give food or water, and solicit donations in
public spaces, as defined, and the right to lawful self-employment, as
specified,efnergeney and neftemeTeney health eare,confidentiality of
liea-1 specified records, assistance of legal counsel in specified
proceedings,and restitution,under specified circumstances.By requiring
a county to pay the cost of providing legal counsel, as specified, the
bill would increase the duties of local agencies, thereby imposing a
state-mandated local program. The bill would provide immunity from
employer -e`-. 4iatiett; retaliation to a public employee who provides
specified assistance to a homeless person.The bill would require local
taw enforcement agencies to make specified information available to
the public and report to the Attorney General on an annual basis with
regard to enforcement of local ordinances against homeless persons
and compliance with the act, as specified, thereby imposing a
state-mandated local program.The bill would provide for judicial relief
and impose civil penalties for a violation of the act.
This bill would require the State Department of Public Health to fund
the provision of health and hygiene centers, as specified, for use by
homeless persons in designated areas.
This bill would provide that its provisions address a matter of
statewide concern. The bill would provide that its provisions are
severable.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
I SECTION 1. This act shall be known and may be cited as the
2 Homeless Person's Bill of Rights and Fairness Act.
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Item 2. - 41 H>3 .62_
-3— AB 5
1 SEC.2. The Legislature finds and declares all of the following:
2 (a) In the State of California, there has been a long history of
3 discriminatory laws and ordinances that have disproportionately
4 affected people with low incomes and who are without homes,
5 including, but not limited to, all of the following:
6 (1) Jim Crow laws:After the Civil War, many states, especially
7 in the south,passed laws denying African Americans basic human
8 rights.In California,these laws also targeted Chinese immigrants.
9 In San Francisco,Chinese residents were forced to live in one area
10 of the city. The same segregation laws also prohibited interracial
I l marriage between Chinese and non-Chinese persons.
12 (2) Ugly laws: In 1867, San Francisco was the first city in the
13 country to pass a law making it illegal for people with"unsightly
14 or disgusting"disabilities to appear in public. In many cities,these
15 laws persisted until the 1970s_
16 (3) Anti-Okie laws: In 1937, California passed an Anti-Okie
17 law that criminalized"bringing or assisting in bringing"extremely
18 poor people into the state.The United States Supreme Court struck
19 down the law in 1941, when it declared that these laws are in
20 violation of the commerce clause, and therefore unconstitutional.
21 (4) Sundown town ordinances: Town policies and real estate
22 covenants were ai3ned at preventing minorities,homeless persons,
23 and other persons considered to be socially undesirable from
24 remaining within city limits after sunset.Thousands of these towns
25 existed prior to the federal Civil Rights Act of 1968, which made
26 these ordinances and covenants illegal.
27 (5) Vagrancy laws: Vagrancy laws have been held to be
28 discriminatory on their face because they criminalize a person's
29 status rather than a behavior. Nevertheless, these laws existed in
30 California until the Legislature revised them in 1961.
31 (b) Act of living ordinances, often known as "quality of life
32 ordinances" and other similar ordinances, are the modem
33 reincarnations of laws of this kind. They are designed to force
34 homeless people to flee local jurisdictions.These Iocal ordinances
35 result in de facto segregation as homeless people are forced out of
36 specific jurisdictions or out of specific neighborhoods within
37 jurisdictions. These practices tend to condemn large groups of
38 inhabitants to dwell in segregated districts or under depressed
39 living conditions that result in crowded, unsanitary, substandard,
40 and unhealthful accommodations. Furthermore, these policies
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xB -63- Item 2. - 42
r
AB 5 —4-
1 result in criminalization of homeless persons who do not choose,
2 or are unable, to migrate.
3 (c) Today, in the state, many people are denied the following:
4 (1) Housing due to their status of being homeless, living in a
5 shelter, a vehicle, the street, or the public domain.
6 (2) Employment due to their current status of being homeless
7 or living in a shelter or a vehicle on the street.
8 (3) Housing and employment as a result of not having a fixed
9 or residential mailing address or having a post office box as a
10 mailing address.
11 (4) Equal protection of the laws and due process by law
12 enforcement and prosecuting agencies.
13 (5) The ability to make certain purchases or enter certain contests
14 as a result of not having a fixed or residential mailing address or
15 having a post office box as a mailing address.
16 (6) Access to safe,clean restrooms,water,and hygienic supplies
17 necessary to maintain health, safety, and dignity, especially with
18 the proliferation of closures of public restrooms.
19 (d) Homeless persons are unfairly targeted bylaw enforcement,
20 often resulting in the violation of homeless persons'constitutional
21 rights. Lacking the resources necessary to obtain adequate legal
22 representation,homeless persons are often denied relief or damages
23 through the courts.
24 (e) Homeless persons rarely have access to shelters, and when
25 shelter is available, its conditions can be so poor as to jeopardize
26 their health and physical and mental safety.
27 (f) Homeless persons are often forced to separate from loved
28 ones, give up their personal property, abandon pets, and make
29 other inhumane choices in order to access even minimal shelter.
30 (g) Lesbian,gay,bisexual, transgender,gender nonconforming,
31 and queer individuals often are forced to accept inappropriate or
32 unsafe accommodations to access publicly funded emergency
33 she]ters.
34 (h) Children in homeless families are denied the ability to
35 continue receiving education in their preferred school if their
36 family's shelter lies outside the boundaries of their former district.
37 (i) At the present time, many persons have been rendered
38 homeless as a result of a deep and prolonged economic recession,
39 a severe shortage of safe and affordable housing, a failed mental
40 health system,and a shrinking social safety net.
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Item 2. - 43 xB -64-
-5— AB
I (j} Section 1 of Article 1 of the Califomia Constitution provides
2 that "(a)ll people are by nature free and independent and have
3 inalienable rights. Among these are enjoying and defending life
4 and liberty, acquiring, possessing, and protecting property, and
5 pursuing and obtaining safety, happiness, and privacy."
6 (k) Subdivision (a) of Section 7 of Article I of the Califomia
7 Constitution provides,in part,that"[a)person may not be deprived
8 of life, liberty, or property without due process of law or denied
9 equal protection of the laws...
10 (1) Concordant with this fundamental belief, a person should
I I not be subject to discrimination based on his or her housing status,
12 income level, mental or physical disability, sexual orientation,
13 gender identity,citizenship,or immigration status.Therefore, it is
14 the intent of the Legislature in enacting this act to protect the rights
15 of all Californians, regardless of their housing status, and to
16 ameliorate the adverse effects of homelessness on people who have
17 no home and on our communities.
18 (m) It is the Intent of the Legislature to enact legislation that
19 would require all state agencies to use the same definition for
20 "homeless persons or people"as follows-
21 (I) "Homeless" means those individuals or families who lack
i
22 or are perceived to lack a feed, regular, and adequate nighttime
23 residence, or who have a primary nighttime residence in a shelter,
24 on the street, in a vehicle, in an enclosure or structure that is not
25 authorized orfit for human habitation.
26 (2) "Homeless"also means a person whose only residence is
27 a residential hotel or who is residing anvwher-e without tenancy
28 rights, and./amdies with children .Staying in a residential hotel
29 whether or not they have tenancy rights.
30 (n) It is the intent of the Legislature that publicly./unded social
3I and health care services be offered in a sufficient quantity to meet
32 the population's needs, without barriers, including geographical
33 barriers, such as making locations inconvenient or creating
34 screen-out barriers, or prohibiting access due to a person's
35 inability to provide identification or criminal justice history, or
36 disability, in order that persons are reasonably able to reach and f
37 use that service.
38 SEC. (a) it is the intent ofthe r vs-fature to entiet legislation
�
39 that would,
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HB -65- Item 2. - 44
AB 5 —6—
1 ensu-fe that evefyone in the state has the right to aHff OF the
2 €91 p
3
4 employment ustiee baekground,ineiudiftg-,4ftA
5 not lirnited-io, U., tight Le reeeiye funds o r
6 programs, donations,
7
$ , ,
9 possible,
10 , deeent,
I 1 available.
urwle.
12
13 ,
14 ,
15 that Fne t basie health, IT
16 speeial needs oflesbian,gay,bisexttal,
17 youths, f�mjlies, or those with mental illness or--physie:a4
1$ disabilities, This ifteludes the right of all individu&h-tO-3eeufe
19 shelteF without being 1j ifed to state their gendef of to 8ha
20 , L i r by he rd __' Heal
21
22 104 19}).
23 ,
24
25 aeaderflie sueeess, ineiWing, but not lifnited to,
26 , and appropriate aeademie
27 teem:
2$
29 that provide quality eafe for both physiettl and mental needs.
3Q ,
31 , ,
,_ 'iia,iiu uiaus,
33 , , langttage,
34 ,
35 ,
36 , of in-iffligfatien-stafut
37 (b) it is the intent of the Legisiawre to enact leg-Islation that
3$ would --l-luve all state ag�.ila LM .., the same definition f-0
39 „ foRaws! lofneless"rneans these
40 , and adeqi
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Item 2. - 45 HB -66-
-7— AB 5
1 nighttime residenee of who have
1
2 a shelter, e-strt '-ehiele, •'I. re or auntil�
3 i no z a a for harnan habitation, substande
u
4 apartments, dweiiings,
dOubled up temporarily with friends o
6 ,
7 and-&t�s with ehildfen staying in a residential hotel whethe
8 or not they ha., rights.
9
10
I ,
12 barriers,
13 '
14
15 in order that persons ar=e rcasonabiy able to retteh and use that
16
17 SE-E. 4.
18 SEC. 3. Part 2.2 (commencing with Section 53.1) is added to
19 Division 1 of the Civil Code, to read:
20
21 PART 2.2. HOMELESS PERSONS
22
23 53.1. For purposes of this part, the following definitions shall
24 apply:
25 " ,
26 permission i-8 enter and Fnake tise of.
27
28 t:hc��of availability oFa
29 03)
30 (a) "BID"means a business improvement district,as established
31 under Chapter 2 (commencing with Section 36520) of Part 6 of
32 Division 18 of, or Chapter 2 (commencing with Section 36620)
33 of Part 7 of Division 18 of,the Streets and Highways Code,or any
34 public-private partnership established under any municipal or
35 county law authorized under Chapter I (commencing with Section
36 36500) of Part 6 of Division 18 of, or Chapter i (commencing
37 with Section 36600) of Part 7 of Division 18 of, the Streets and
38 Highways Code,whether or not the phrase"business improvement
39 district" is part of the public-private partnership's name.
40 {e)
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HB -67- Item 2. - 46
AB —8-
1 (b) "BID agent"means any person hired by a B1D-of-a�
2
3 distr-iet.
4 „ but is not
,
5 H
6 (c) "Harassment"means any b4taviorthat
8 yoltit-her or not otherwise lawful. a knowing and will course of
9 conduct by law enforcement,public or private security personnel,
10 or a BID agent directed at a speck person that a reasonable
1 1 person would consider as seriously alarming,seriously annoying,
12 seriously tormenting, or seriously terrorizing a person.
13 f f)
14 (d) "Homeless persons" or "homeless people" means those
15 individuals or families laeking who lack or are perceived to lack
16 a fixed, regular,and adequate nighttime residence,or4myi-ng who
17 have a primary nighttime residence in a shelter, on the street, in a
18 vehicle,in an enclosure or structure that is not authorized or fit for
19 human 1jabitatien, in a substand >
20
21 habitation. "Homeless"also means a person
22 whose only residence is a residential hotel or who is residing
23 anywhere without tenancy rights,and families with children staying
24 in a residential hotel whether or not they have tenancy rights.
25 " having
26 ineludin the stattis of livifig etltdOom,
27
28 reside itee or eisewhere in the publie domain.
29 "
30 ,an
s riot
31
32 .
33 means any person who has b
34
35 ,
36 retained attorney,a non-FFU-111t organization that advoeates an be
37 ,
38
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Item 2. - 47 HB -68-
-9— AB
� any deprivation of
,
2 eonstitutiona!ly held rights as well as Elie less of property 0
3
4 „ •
s defined as itteorne at or lower han twiee-
6
7
$ •
9
10 ,or administered by the state,arty-slate-ft�,
11 b
12 ,
or reeeieed any finaneia! assistanee From the
13 state or any loeal government.
14 {ram}
15 (e) "Public space" means any--s itee property that is
16 predo ninantly within the ptiblie dornain e, owned by any state or
17 local government entity or upon which there is an easement for
1$ public use and that is held open to the public, including,but not
19 limited to, plazas, courtyards, parking lots, sidewalks, public
20 transportation, public buildings and parks. "Public space"-ray
21 s
22 .does not include
23 a private business establishment.
24 { }
25 69 "Rest" means the state of not moving, holding certain
26 postures that include, but are not limited to, sitting, standing,
27 leaning, kneeling, squatting,sleeping, or lying.
2$ (-o)
29 (g) "Soliciting donations" means asking for food +eater, or
30 money, which includes panhandling.
31 53.2. (a) The existence of homelessness requires that
32 fundamental rights that are amply protected in the home and in
33 private places be extended to the public domain to ensure the equal
34 rights of all Californians, homeless and housed. Every homeless
35 person in th b ,
36 low ineo ,
37 ,.state shall have fire right to-,all of the following
3$ basic human rights and legal and civil protections, except when
39 prohibited by federal law.-
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HB -69- Item 2. - 48
AB —10—
1 (1) The right to move freely in the same manner as any other
2 person in publi it >
3 ,
4 publie streets, and ptiblie bttildings, in the same manner: as-�
spaces without being
6 subject to criminal or civil sanctions, harassment or arrest by law
7 enforcement,public or private security personnel, or BID agents
8 because he or she is homeless.
9 (2) The right to rest-an4-sleep in a public spaees space in the
10 same manner as any other person without being subject to criminal
I I or civil sanctions,harassment,or arrest by law enforcement,public
12 or private security personnel, or BID agents because he or she is
13 homeless, as long as-sttel3 that rest does not maliciously or.
14 substantially obstruct a passageway.
15
16
17 , of arrest by law enforeernent,publie of
18 ,
19 !,net Mal obstrttet-&JJ'ffflageWffy' or t
20
21 anotiger of the right to propefty.Th.
22 Ito*L= .;0' of property or personal eff6ets and belongings�
23 >
24 by law enforeement-,�—����
25 pevjoftne4�, ��violation of this PafagFaPh-e'��
26
prD-�����er state of federal law-
27 (4)
28 (3) The right to eat, share,accept,or give food or water in public
29 spaces in the same manner as any other person without being
30 subject to criminal or civil sanctions, harassment,or arrest by law
31 enforcement, public or private security personnel, or BID agents
32 because he or she is homeless.
33 (4) The right to solicit donations in public spaces in the same
34 manner as any other person without being subject to criminal or
35 civil sanctions, harassment, or arrest by law enforcement, public
36 or private security personnel, or BID agents because he or she is
37 homeless.
38 (5) The right to the same protections that law enforcement
39 agencies afford any other person, including,
97
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Item 2. - 49 xB -70-
-11 AB5
1 but not limited to, the right to reasonable protection from assault,
2 domestic violence, sexual assault,or robberies.
3 (6) The right t ep,sit,lie down,stand,eat,soliek donations,
4 or share Food in ft publie pleee or in a ve rest in a publicl4aee
5 space, without being subject to criminal or civil sanctions,
6 harassment, or arrest by law enforcement,public or private security
7 personnel,or BID agents,except that law enforcement may enforce
8 existing local laws if all of the following are true: (1)the person's
9 county of residence maintains 12 months per year of nonmedical
10 assistance provided for in Section 17000 of the Welfare and
l I Institutions Code for employable, able-bodied adults without
12 dependents who are compliant with program rules established by
13 the county, including work requirements; (2) the locality is not a
14 geographical area identified by the United States Department of
15 Labor in accordance with Subpart A of Part 654 of Section 20 of
16 the Code of Federal Regulations as an area of concentrated
17 unemployment or underemployment or an area of labor surplus;
18 and (3) the public housing waiting list maintained by the county
19 contains fewer than 50 persons.
20 (7) The right to engage in laufirl
21 self-employment in the some manner as any other person,
22 including, but not limited to, the right to seek self-employment in
23 junk removal and recycling that requires the collection,possession,
24 redemption,and storage of goods for reuse and recycling, without
25 being subject to criminal or civil sanctions, harassment, or arrest
26 by law enforcement, public or private security personnel, or BID
27 agents because he or she is homeless_
28 (8) The right to pray, meditate, or practice religion in public
29 spaces in the some manner as any other person, without being
30 subject to criminal or civil sanctions,harassment,or arrest by law
31 enforcement, public or private security personnel, or BID agents
32 because he or she is homeless.
33 (9) The right to decline admittance to a public or private shelter
34 or any other accommodation, including social services programs,
35 for any reason he or she sees fit, without fiteing being subject to
36 criminal orcivil sanctions,harassment,orafrest,orthfeats ofthes
37 aetions, arrest from law enforcement, public or private security
38 personnel, or BID agents.
39 (10) The right to occupy a motor vehicle,as defined in Section
40 415 of the Vehicle Code, or recreational vehicle, as defined in
47
b
HB -7 1_ Item 2. - 50
AB —12--
1 Section 18010 of the Health and Safety Code,either to rest,sleep,
2 or use for the purposes of shelter, provided that the vehicle is
3 legally parked on public property,without-ftteirtg being subject to
4 criminal or civil sanctions,harassment,or `, 4ffe..t. &f+eSe
5 aetiff,�, arrest from law enforcement, public or private security
6 personnel, or BID agents.
7
8 enforeernext of the edueationa! proteetions undef the federal
9 ,
10
I 1 rTitle 42 Unit R
ftbe Gd 'RZiC.S--d-,...1 ieh pr y ca.[L that w rseh .ol
CTR�
12
13 , the
14 '
15
16
17 brihewFent of guardian(Oar you-th),-to Provide
18 .
19
20 (11) The right to confidentiality
21 of his or her records and informations by homeless shelters,
22 medical centers, schools, or any other publicly funded human
23 service provider to law enforcement agencies without appfopfiate
24 legal atitheFity,and the right to eenfidentiality-of-personal reeof
25 and information in aeeardattee with all limitatia of' diselOsUre
26 established by the fedefal jlomeles��ement information
27 ,
28 ,and the fede
29 IA- , employers.
30 or landlords, except that the records or information may be
31 disclosed f the disclosure is based on appropriate legal authority. i
32 Disclosure of an individual's records or information shall not be
33 allowed unless the individual received oral and written notice of
34 the legal authority to disclose this information and the individual's
35 right to opt out of having the records or information disclosed.
t
36
37 ,
38 , gender idetitity, eatzenship, or tfnyn
39 status, and proteetion From diselasure of the inforFa-ati-a.- and
40
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Item 2. - 51 HB _72_
-13— AB
2 (12) (A) 4-f--The right to assistance of counsel, if a county
3 chooses to initiate judicial proceedings subject to Seetien-401548
4 oF the chicle Code, Section 853.6, 853.4,-of 853. ozr-the Penal
5 Gode, of: any similar law authorizing arrest fim- f�ilttre to appear
6 ,
7 defendant shall be guaranteed the rigbt to assistance of eetinsel.
8 under any law set forth in Section 53.5. The accused shall be
9 advised of this right to counsel before entering a plea, and any
10 waiver of this right shall be explicit_ If the district attorney's office
11 or its agent is representing the state in any part of an infraction
12 proceeding,the accused shall have the right to assistance of counsel
13 with regard to that infraction.
14 (B) The county where the citation was issued shall pay the cost
15 of providing counsel under this section paragraph.
16
17 the flenal Gode or any other civil assessment scheme in the
18
20 i
21
22 insti£dion-
23 , det
24 , '-anded over to another law enfi5reement
25 dq5orted, withemit guarantees neeessary for his Or her timely
26 defer
27 (-�,)
28 (C) This-seetion paragraph shall not be construed to eliminate
29 any protection or right to representation available under Sections
30 5365 and 6500 of the Welfare and Institutions Code or any other
31 provision of law.
32 53.3. (a) A public employee shall not be retaliated against by
33 his or her employer, for offering available public resources to a
34 homeless person in order to protect that person from harm,
35 including, but not limited to,-for offering or providing food,
36 blankets, first-aid supplies,or water_
37 (b) Any person or organizationrter offering food or water
38 in a public spaces space to any homeless person pefstta-rrFta this
39 paft shall not be subject to criminal or civil sanctions, arrest, or
97
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F
UB -73- Item 2. - 52
AB — 14-
1 harassment by law enforcement, public or private security
2 personnel, or BID agents.
3 53.4. (a) Every local government and disadvantaged
4 unincorporated community within the state shall have sufficient
5 health and hygiene centers available 24 hours a day, seven days a
6 week, for use by homeless people.These facilities may be part of
7 the Neighborhood Health Center Program.
8 (b) For purposes of subdivision (a), the health and hygiene
9 centers shall be funded by the State Department of Public Health
10 through those county agencies that oversee public health programs,
11 and, at a minimum, shall contain public bathroom and shower
12 facilities.
13 (c) The State Department of Public Health shall distribute public
14 bulletins and notices identifying the facilities to be used as health
15 and hygiene centers.
16 (d) For purposes of this section,"disadvantaged unincorporated
17 community" >
18 the median household 80 pere.....t less than the statewide
19 median hettsehold ineorne shall be defined as in Section 65302.10
20 of the Government Code.
21 53.5. (a) To ensure equitable and cost-effective enforcement
22 of the Homeless Person's Bill of Rights and Fairness Act(Ch. ,
23 Stats. 2013), every local law enforcement agency shall annually
24 compile and review the number of citations, arrests, and other
25 enforcement activities made pursuant to laws prohibiting the
26 following:
27 (1) Obstructing a sidewalk, whether by a person or personal
28 property.
29 (2) Loitering.
30 (3) Sitting.
31 (4) Lying down.
32 (5) Camping.
33 (6) Public lodging, including the prohibition specified in
34 subdivision(e) of Section 647 of the Penal Code.
35 (7) Sleeping in a public place.
36 (8) Soliciting donations.
37 (9) Soliciting donations at certain restricted locations, including
38 citing people for panhandling under Section 22520.5 of the Vehicle
39 Code.
40 (10) Bathing in public places.
97
Item 2. - 53 14B -74-
-15 AB
(11) Sharing or receiving food.
2 (12) Inhabiting or sleeping in a vehicle.
3 (13) Violating public park closure laws.
4 (14) Crossing streets or highways at particular locations,
5 including subdivisions(c)and(d)of Section 21451 of,subdivision
6 (d) of Section 21453 of, subdivision (b) of Section 21456 of,
7 Section 2146I.5 of, subdivision (b) of Section 21950 of, Section
8 21954 of,Section 21955 of, and subdivision (a) of Section 21956
9 of, the Vehicle Code.
10 (15) Trespassing,unless the trespassing charge is coupled with
I any misdemeanor or felony, except those misdemeanors that are
I2 included in Section 372 of, and subdivisions (h) to 0), inclusive,
13 and subdivisions(I)and (m), of Section 602 of, the Penal Code.
14 (16) Failing to appear, pay aflne, past bail, or comply with a
15 condition of a court order, as described in Section 40508 of the
16 vehicle Code or Section 853.6, 853.7. or 853.8 of the Penal Code.
17 H-63
18 (17) Any other local or state law enforced against homeless
19 persons and identified by the Attorney General's office, or a city
20 attorney's ,
2I ,ot:advocate for,poor
22 gffice.
23 (b) A local law enforcement agency shall make this information
24 publicly available under the terms set forth in the California Public
25 Records Act (Chapter 3.5 (commencing with Section 6250) of
26 Division 7 of Title 1 of the Government Code).
27 (c) A local law enforcement agency shall report the information
28 specified in this section to the Attorney General's office on an
29 annual basis.
30 53.6. (a) Any person whose rights have been violated under
31 this part may enforce those rights and lie or she,or-his or` -,ter laws
32 , file a motion fi5rrelieF in any trial or 4ppeliate
33
34 in a civil
35 action.
36 (b) Any eivil aetion alleging a violation of this part may-be
37 ,
38 employee. The court may award ptinitive darnages, ifapplieable,
39 appropriate injunctive and declaratory relief, restitution for loss
40 of property or personal effects and belongings, actual damages,
97
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AB — 16-
1 compensatory damages,
2 exemplary damages, statutory damages of one thousand dollars
3 ($1,000)per violation,4f epp4eabk—,and reasonable attorneys'fees
4 and costs to a prevailing plaintiff.
5 S£k£-
6 SEC. 4. Section 11135 of the Government Code is amended
7 to read:
8 11135. (a) No person in the State of California shall, on the
9 basis of race,national origin, ethnic group identification,religion,
10 age, sex, sexual orientation, color, housing status, genetic
11 information, or disability, be unlawfully denied full and equal
12 access to the benefits of, or be unlawfully subjected to
13 discrimination under, any program or activity that is conducted,
14 operated, or administered by the state or by any state agency, is
15 funded directly by the state, or receives any financial assistance
16 from the state.Notwithstanding Section 11000,this section applies
17 to the California State University.
18 (b) With respect to discrimination on the basis of disability,
19 programs and activities subject to subdivision (a) shall meet the
20 protections and prohibitions contained in Section 202 of the federal
21 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
22 and the federal rules and regulations adopted in implementation
23 thereof, except that if the laws of this state prescribe stronger
24 protections and prohibitions, the programs and activities subject
25 to subdivision (a) shall be subject to the stronger protections and
26 prohibitions.
27 (c) (1) As used in this section, "disability" means any mental
28 or physical disability, as defined in Section 12926.
29 (2) The Legislature finds and declares that the amendments
30 made to this act are declarative of existing law. The Legislature
31 further finds and declares that in enacting Senate Bill 105 of the
32 2001-02 Regular Session (Chapter 1102 of the Statutes of 2002),
33 it was the intention of the Legislature to apply subdivision (d) to
34 the California State University in the same manner that
35 subdivisions(a),(b),and(c)already applied to the California State
36 University,notwithstanding Section 11000. In clarifying that the
37 California State University is subject to paragraph (2) of
38 subdivision(d),it is not the intention of the Legislature to increase
39 the cost of developing or procuring electronic and information
40 technology. The California State University shall, however, in
97
Item 2. - 55 HB -76-
-- 17— AB5
I determining the cost of developing or procuring electronic or
2 information technology, consider whether technology that meets
3 the standards applicable pursuant to paragraph (2) of subdivision
4 (d) will reduce the long-term cost incurred by the California State
5 University in providing access or accommodations to future users
6 of this technology who are persons with disabilities, as required
7 by existing law, including this section, Title II of the federal
8 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
9 et seq.), and Section 504 of the Rehabilitation Act of 1973 (29
10 U_S.C. Sec. 794).
1 1 (d) (1) The Legislature finds and declares that the ability to
12 utilize electronic or infonnation technology is often an essential
13 function for successful employment in the current work world.
14 (2) In order to improve accessibility of existing technology,and
15 therefore increase the successful employment of individuals with
16 disabilities,particularly blind and visually impaired and deaf and
17 hard-of-hearing persons,state governmental entities,in developing,
18 procuring, maintaining, or using electronic or infonmation
19 technology, either indirectly or through the use of state funds by
20 other entities, shall comply with the accessibility requirements of
21 Section 508 of the federal Rehabilitation Act of 1973,as amended
22 (29 U.S.C. Sec. 794d), and regulations implementing that act as
23 set forth in Part 1194 of Title 36 of the Federal Code of
24 Regulations.
25 (3) Any entity that contracts with a state or local entity subject
26 to this section for the provision of electronic or information
27 technology or for the provision of related services shall agree to
28 respond to, and resolve any complaint regarding accessibility of
29 its products or services that is brought to the attention of the entity.
30 (e) As used in this section,"sex"and"sexual orientation"have
31 the same meanings as those terms are defined in subdivisions(q)
32 and (r) of Section 12926.
33 (f) As used in this section, "race, national origin, ethnic group
34 identification, religion, age, sex, sexual orientation, color, or
35 disability" includes a perception that a person has any of those
36 characteristics or that the person is associated with a person who
37 has, or is perceived to have, any of those characteristics.
38 (g) As used in this section, "genetic information" has the same
39 definition as in paragraph (2) of subdivision (e) of Section 51 of
40 the Civil Code.
97
t lB -77- Item 2. - 56
AB5 —18-
1 (h) For purposes of this section section, "housing status"-ltas
2 teffn is means status as a "homeless
3 person"as defined in�nfl-(g)eSection 53.1 of the Civil
4 Code.
5 SE
6 SEC. 5. The Legislature finds and declares that the need to
7 address discriminatory practices is a matter of statewide concern
9 and is not a municipal affair, as that term is used in Section 5 of
9 Article XI of the California Constitution. Therefore,this act shall
10 apply to all cities, including charter cities.
II Sze.
12 SEC. b. The provisions of this act are severable. If any
13 provision of this act or its application is held invalid,that invalidity
14 shall not affect other provisions or applications that can be given
15 effect without the invalid provision or application.
16 SEA 8..
17 SEC. 7. If the Commission on State Mandates determines that
18 this act contains costs mandated by the state, reimbursement to
19 local agencies and school districts for those costs shall be made
20 pursuant to Part 7 (commencing with Section 17500) of Division
21 4 of Title 2 of the Government Code.
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ATTACHMENT #5
HN -,- Item 2. - 58
Page 1 o f 1
Search Results
Thursday, May 23, 2013
AB 1333 (Hernandez. Roger D) Local government: contracts. (Amended: 5/20/2013)
Status: 5/20/2013-Read third time and amended. Ordered to third reading. (Ayes 46.
Noes 23.)
Location: 5/20/2013-A. THIRD READING
2Year Desk Policy Fiscal Floor DeskjPolicyj Fiscal I Fl oorl Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House lConc.
Calendar: 5/23/2013 #26 ASSEMBLY ASSEMBLY THIRD READING FILE
Summary: Existing law authorizes the legislative body of a city, county, or district to enter
into contracts for various services, and, among other things, to include within the contract
a time within which the whole or any specified portion of the work contemplated is to be
completed. This bill would require , with a specified exception, the legislative body of a city,
county, or district to review any contract or memorandum of understanding (MOU) with a
private party, with a total annual value of$250,000 or more and containing an automatic
renewal clause, at least once every three years on or before the annual date by which the
contract may be rescinded. This bill contains other related provisions.
Attachments:
AB 1333 (Hernandez)Oppose, Asm. Floor, 5-21-13
AB 1333 (Hernandez) Floor Alert 5/14/2013
AB 1333 (Hernandez) Oppose 5/3/2013
Policy Committee Primary Lobbyist 2nd Lobbyist
(primary)
AdmWstrative_ServiceKarl, Natasha
Environmental
_Quality
League Position Position Taken Policy Committee Policy Analyst
(secondary)
Oppose
Total Measures: 1
Total Tracking Forms: 1
5 23;4 13 '0126 48 AIM
Item 2. - 59 xB -80-
nttp://cts K[.capitoltrack.com/pub]ic/search.aspx9'1d, auio-)199-37cd-42ed-8217-d 19b4d25... 5/23/2013
ANALYSIS AND RECOMMENDATION
AB 1333 (HERNANDEZ) AS AMENDED 4/30/13
Prepared by: Debra Jubinsky, Senior Administrative Analyst(Public Works)
Background:
AB 1333, by Assembly Member Roger Hernandez, adds a new section to the Government Cade,
imposing new requirements on local jurisdictions in administering any contract in excess of$250,000
that contains an automatic renewal, aka 'evergreen" clause. The bill would require local governments to
cancel contracts containing an annual renewal or"evergreen" clause if they don't meet specific criteria,
including the payment of prevailing wage. The bill fails to grandfather existing contracts.
The city's Refuse Collection and Disposal Services Franchise Agreement with Rainbow Disposal meets
the thresholds of this bill_ Annually renewable contracts have existed for decades and are popular with
private waste and recycling haulers because it enables them to obtain the long-term financing
necessary to procure and maintain alternative fuel fleets and to construct and operate recycling
facilities costing several million dollars. The benefit to local governments is lower rates to residents and
provides an alternative to longer fixed-term agreements of 20-30 years.
Current law limits the requirement to pay prevailing wages to public works projects costing more than
$1,000 that are paid for in whole or in part with public funds. This bill extends the requirement to pay
prevailing wages to include service contracts meeting the other thresholds and applies retroactively.
Local Impacts:
The city's Solid Waste Disposal and Franchise Agreement with Rainbow Environmental Services
contains an evergreen renewal clause. If passed this bill may require the city to rescind the existing
Refuse Collection and Disposal Services Franchise Agreement with Rainbow due to the prevailing
wage requirement.
The legislation restricts local authority and the ability for city councils and county boards of supervisors
to decide how best to provide services to its citizens. If passed, this bill will impose new requirements
for City Council action every three years to review the contract_ Our contract with Rainbow already
contains language requiring annual review by the Director of Public Works. City ordinance requires City
Council review of any rate changes or updates to the contract provisions.
Supported By (current version):
None found
Opposed By (current version):
League of California Cities
California Refuse Recycling Council
Current Bill Status:
AB 1333 passed the Assembly Local Government Committee 5-3-1. The bill was last amended on
4130/13.
Recommended Action!
Staff recommends opposing this bill.
FIB -81- Item 2. - 60
rr- r 1400 K Street, Suite 400 - Sacramento, California 95814
:
L A V 0 L�; Phone: 916.658.8200 Fax: 916.658.8240
A= c s! :':I 101_',(:i VJWw.C2Citl@S.Org
CITIE J
" " * * * * * * FLOOR ALERTxx " " " x " '�
DATE: May 21, 2013
TO: Members, California State Assembly
FROM: Natasha Karl, Legislative Representative, League of California Cities,
(916) 658-8254 or (916) 502-4030 (cell)
RE: AB 1333 (Hernandez) Infringes on Local Govt. Contracting Authority
Request for NO Vote--(as amended 512012013)
The League of California Cities urges your NO vote on Assembly Bill (AB) 1333 by
Assembly Member Hernandez. Despite the May 20 amendments, this measure
continues to address a non-issue and does nothing to remedy the fact that this bill is
unnecessary_ Furthermore, we strongly believe AB 1333 is a waste of scarce local
government resources.
Long-term agreements are good for the public, local governments, and service
providers. Annually renewable contracts have existed for decades and are popular
with private waste and recycling haulers because it enables them to maintain altemative
fuel fleets and to construct and operate recycling facilities costing several million dollars.
The benefit to local governments is lower rates to residents and provides an alternative
to longer fixed-term agreements of 20-30 years. Furthermore, AB 1333 assumes there
are no reviews of"evergreen" contracts. This is not true. Annual rate reviews by cities
are the standard, which often means also reviewing the performance of the service
provider. Cities also often include performance measures in their contracts with service
providers making service providers accountable for their work.
AB 1333 is unnecessary. Local governments strive to provide their residents with the
best services at the most reasonable cost. City councils have to answer to residents
who are displeased with the quality and cost of their services. Existing law already
outlines a framework for ensuring service levels are met by the service provider.
Contracts can be revisited at any time and revoked if problems arise. Imposing
unreasonable requirements on local governments will jeopardize carefully negotiated
contracts and low interest rates.
Local control completely ignored at a time when cities are being asked to do
more. This bill threatens decades of longstanding authority entrusted to local
governments to contract for solid waste services by imposing unnecessary and
unreasonable requirements at a time when the State has set an ambitious solid waste
diversion goal of 75% by 2020.
{
Item 2. - 61 xB -82-
AMENDED IN ASSEMBLY MAY 20, 2013
AMENDED IN ASSEMBLY APRIL 30,2013
CALIFORNIA LEGISLATURE--2013-I¢REGULAR SESSION
ASSEMBLY BILL No. 1333
Introduced by Assembly Member Roger Hernandez
February 22, 2013
An act to add Section 53069.86 to the Government Code,relating to
local government.
i
LEGISLATIVE COUNSEL'S DIGEST
AB 1333, as amended, Roger Hernandez_ Local government-
contracts.
Existing law authorizes the legislative body of a city, county, or
district to enter into contracts for various services, and, among other
things, to include within the contract a time within which the whole or
any specified portion of the work contemplated is to be completed.
This bill would require, with a specified exception, the legislative
body of a city, county,or district to review any contract or memorandum
of understanding(MOU) with a private party, with a total annual value
of$250,000 or more and containing an automatic renewal clause, at
least once every three years on or before the annual date by which the
contract may be rescinded.
This bill would require-the
e�ns ideration findings to be made prior to renewal as to, among other
things, whether the contract or MOU requires the private partyl5ays to
pay at least the general prevailing rate of per diem wages for work of
a similar character in the
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HB -83- Item 2. - 62
AB 1333 —2—
locality,or a living wage given the locality, whichever is greater,to its
employees, and whether the eentraet r retains the contract or MOU
requires the retention of employees of the prior contractor or
subcontractor for at least 90 days.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 53069.86 is added to the Government
2 Code, to read:
3 53069.86. (a) eke-Except as provided in subdivision (b), the
4 legislative body of a city, county, or district shall review any
5 contract or memorandum of understanding with a private party,
6 with a total annual value of two hundred fifty thousand dollars
7 (5250,000) or more, that contains an automatic renewal clause,
8 sometimes referred to as an "evergreen" provision, at least once
9 every three years on or before the annual date by which the contract
10 may be rescinded. Prior to the renewal of a contract or
11 memorandum of understanding, the legislative body shall make
12 findings on the record, including, but not limited to, whether �
13
14 fits the needs oF the legislative body. all of the following:
15 (1) Whether the contract or memorandum of understanding
16 contains updated information.
17 (2) Whether the contractor memorandum of understandingfits
18 the needs of the legislative boat-.
19
20
21 eontains beth ofthe following findings,
22 (1) The
23 (3) Whether the contract or memorandum of understanding
24 includes a provision that requires a contractor-pays to pay at least
25 the general prevailing rate of per diem wages for work of a similar
26 character in the locality, or a living wage given the locality,
27 whichever is greater, to its employees.
28 (2) The eontfaetaf retains the employees of the pFior:eentiraete
29 .
97
Item 2. - 63 HB -84-
—3— AS 1333
1 (4) Whether the contract or memorandum of understanding
2 includes a provision that requires the retention of employees of
3 the prior contractor or subcontractor for at least 90 days if the
4 contract is awarded, transferred, or assumed by a subsequent
5 contractor.
6 (b) This section shall not apply to a contract or memorandum
7 of understanding between a public agency and an employee
S organization that establishes terms and conditions of employment
9 for the agency's employees.
10 (c) For purposes of this section, the prevailing rate of per diem
1 I wages shall be determined pursuant to subdivision(b) of Section
12 1773.9 of the Labor Code.
13 (d) For purposes of this section,"per diem wages"shall include
14 the employer payments described in Section 1773.1 of the Labor
15 Code.
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ATTAC H M E N T #6
Page 1 of l
Search Results
Thursday, May 23, 2013
AB 564 (Mullin D) Community redevelopment: successor agencies. (Amended: 3/12/2013)
Status: 5/15/2013-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 5/16/2013-A. APPR. SUSPENSE FILE
2Year Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf. Enrolled Vetoed Chaptered
Dead 1st House 2nd House IConc.
Calendar: 5/24/2013 Upon Adjournment of Session - State Capitol, Room 4202
ASSEMBLY APPROPRIATIONS SUSPENSE, GATTO, Chair
Summary: Existing law dissolved redevelopment agencies and community development
agencies, as of February 1, 2012, and provides for the designation of successor agencies,
as defined. Existing law requires successor agencies to wind down the affairs of the
dissolved redevelopment agencies and to, among other things, make payments due for
enforceable obligations, as defined, perform obligations required pursuant to any
enforceable obligation, dispose of all assets of the former redevelopment agency, and to i
remit unencumbered balances of redevelopment agency funds, including housing funds, to
the county auditor-controller for distribution to taxing entities. Existing law requires each
successor agency to have an oversight board to approve certain actions of the successor
agency, including the approval of an enforceable obligation. Existing law requires the
Department of Finance to review the actions of an oversight board. Existing law prescribes
when an action of an oversight board shall become effective, subject to approval by the
Department of Finance. This bill would prohibit the Department of Finance from taking any
future action to modify the enforceable obligations described above following the effective
date of the approval of those enforceable obligations after review by the oversight board
and the department. This bill contains other related provisions and other existing laws.
Attachments:
AB 564 (Mullin) Sample Letter of Support
AB 564 (Mullin) Letter of Suppport
Policy Committee Primary Lobbyist 2nd Lobbyist
(primary)
Housing Community Carrigg, Dan
and Economic
Development
Revenue—and—Taxation
League Position Position Taken Policy Committee Policy Analyst
(secondary)
Support
Total Measures: 1
Total Tracking Forms: 1
5123'20 3 10:28:23 AM
HB -87- Item 2. - 66
http://ct3kl.capitoltrack.com/public/search.aspx?id=ao,+zsD 199-37cd-42cd-8217-d19b4d25... 5/23//.v1-3
1400 K Street, Suite 400 • Sacramento, California 95814
n, =_ L L A G U E°` Phone: 916.658.8200 Fax: 916.658.8240
' c_>r CAI I I(}R I A www_cacities.org
CITIES
March 6, 2013
Assembly Member Kevin Mullin
Assistant Speaker pro Tempore
State Capitol, Room 3126
Sacramento, CA 95814
RE: AB 564 (Mullin) Finding of Completion: Local Certainty
Dear Assembly Member Mullin:
The League of California Cities is pleased to support your AB 564 (Mullin). This measure
provides certainty to successor agencies and all other public and private entities that benefits
offered by a finding of completion can be relied upon.
When AB 1484 was adopted as part of the 2012-13 Budget, it required successor agencies to
endure a series of complex reviews and audits overseen by the State Department of Finance.
Legislators supporting the measure understood that that process would be difficult on local
communities, so included were provisions offering agencies a"finding of completion."This
finding made them eligible to secure three specific benefits listed in statute:
1) The ability to transfer former redevelopment agency-owned properties to the city or
county for redevelopment upon completion of a long term property management
plan approved by DOF.
2) The ability to repay city loans made to the redevelopment agency.
3) The ability to use unspent bond proceeds issued by redevelopment agencies
before December 31, 2010.
As many legislators know, the DOF process has been fraught with uncertainty due to changing
and inconsistent interpretations of statutory requirements. Decisions made by the successor
agency and oversight boards are routinely reversed by DOF staff, and items approved by DOF
on one ROPS can be later rejected on another. After a"meet and confer"opportunity with DOF,
in which DOF often rigidly defends its decisions, the only remedy remaining is a lawsuit. As of
March, 2013, over 70 lawsuits have been filed. This ROPS cycle must be completed every six
months and the prospect of changing DOF interpretation creates uncertainty.
The existing statute provides, after approval by the oversight board, that the repayment of city-
agency loans and the expenditure of unspent bond proceeds become "enforceable obligations."
Yet, the statute is silent on the role of DOF. This is an issue that should be clarified. Since all
actions of oversight boards can be reviewed and rejected by DOF every six months as part of
the ROPS process, there is no confidence that a community can rely on accessing even these
benefits without future disruption or reversal.
Item 2. - 67 HB -88-
AB 564 clarifies the statute to reflect legislative intent so successor agencies can rely on access
to these benefits over the long term. The bill requires that after the initial approval of oversight
board action by the Department of Finance, the successor agency and all other public and
private entities may rely with certainty upon that decision. This important clarification will avoid
unnecessary future disputes, confusion and litigation, and assist the affected communities in
moving on from redevelopment so they can focus on their future.
If you have any questions, or if l can be of any assistance, please call me at(916) 658-8222.
Sincerely,
Daniel Carrigg i.
Legislative Director
Cc: Chair and Members, Assembly Local Government Committee
Chair and Members, Assembly Housing & Community Development Committee j
William Weber, Principal Consultant, Assembly Republican Caucus
Debbie Michel, Chief Consultant,Assembly Local Government Committee
Misa Yokoi-Shelton, Associate Consultant,Assembly Local Government Committee
Lisa Engle, Chief Consultant, Assembly Housing & Community Development Committee
Katie Kolitsos, Special Assistant to Speaker John A. P&rez
Gareth Elliott, Legislative Affairs Secretary, Office of Governor Jerry Brown
i
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KB -89- Item 2. - 68
****Insert City Letterhead****
Date
Assembly Member Kevin Mullin
Assistant Speaker pro Tempore
State Capitol, Room 3126
Sacramento, CA 95814
RE: Notice of Support
AB 564 (Mullin) Finding of Completion: Local Certainty
Dear Assembly Member Mullin:
The City of is pleased to support your AB 564, which would
provide additional certainty to successor agencies and all other public and private entities that benefits
offered by a finding of completion from the Department of Finance (DOF)can be relied upon.
The DOF dissolution process has been very frustrating and unpredictable_ Successor agencies spend
many hours developing documentation on enforceable obligations and obtaining approval oversight
boards to complete the bi-annual Recognized Obligation Payment Schedule (ROPS), only to have items
denied, or previous approvals reversed by DOF.
Please share any specific and related examples of DOF decisions that were unclear, not supported or
were a reversal of previous decisions that affected your cities ability to financial plan, meet expenses or
other obligations.l
Existing law offers agencies a "finding of completion" which would enable our community to access
several benefits. QaL&and provide detail on the benefit VQQ community is anticipates receivin
(repayment of city-agency loan access to bond proceeds or 7?)
AB 564 provides additional certainty that would ensure that the benefits intended by the Legislature to be
made available to agencies receiving a finding of completion can be realized. This clarification will
remove uncertainties and avoid unnecessary disputes, confusion and litigation.
For these reasons, the City/Town of supports AB 564.
Sincerely,
YOUR NAME
TITLE
CITY
Cc:
YOUR SENATOR AND ASSEMBLY MEMBER
Debbie Michel, Chief Consultant, Assembly Local Government Committee (fax: (916) 319 3959)
Lisa Engle, Chief Consultant, Assembly Housing &Community Development Committee (fax: (916) 319-
3182)
William Weber, Principal Consultant, Assembly Republican Caucus(fax: (916) 319 3903)
Gareth Elliott, Legislative Affairs Secretary, Office of Governor Jerry Brown
Item 2. - 69 HB -90-
AMENDED IN ASSEMBLY MARCH 12, 2013
CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION
ASSEMBLE' BILL No. 564
Introduced by Assembly Member Mullin
February 20, 2013
An act to amend Sections 34191.4 and 34191.5 of the Health and
Safety Code, relating to community redevelopment.
LEGISLATIVE COUNSEL'S DIGEST t
AB 564,as amended, Mullin. Community redevelopment: successor
agencies.
Existing law dissolved redevelopment agencies and community
development agencies, as of February 1, 2012, and provides for the
designation of successor agencies, as defined. Existing law requires
successor agencies to wind down the affairs of the dissolved
redevelopment agencies and to, among other things, make payments
due for enforceable obligations,as defined,perform obligations required
pursuant to any enforceable obligation,dispose Of all assets of the former j
redevelopment agency, and to remit unencumbered balances of
redevelopment agency funds, including housing funds, to the county
auditor-controller for distribution to taxing entities. Existing law requires
each successor agency to have an oversight board to approve certain
actions of the successor agency,including the approval of an enforceable
obligation. Existing law requires the Department of Finance to review
the actions of an oversight board.Existing law prescribes when an action
of an oversight board shall become effective,subject to approval by the
Department of Finance.
Existing law provides that certain loan agreements entered into
between a redevelopment agency and the city,county,or city and county
98
HB -91- Item 2. - 70
AB 564 —2—
that created the redevelopment agency are deemed enforceable
obligations. Existing law provides that bond proceeds derived from
bonds issued by a redevelopment agency on or before December 31,
2012, are to be used for the purposes for which the bonds are sold.
Existing law provides that enforceable obligations may be satisfied by
the creation of reserves for projects that are the subject of the enforceable
obligation,as specified.Existing law provides that an expenditure made
pursuant to these provisions constitutes the creation of excess bond
proceeds obligations.
This bill would prohibit the Department of Finance from taking any
future action to modify the enforceable obligations described above
following the effective date of the approval of those enforceable
obligations after review by the oversight board and the department.
Existing law establishes a Community Redevelopment Property Trust
Fund, administered by the successor agency, to serve as the repository
of the former redevelopment agency's real properties. Existing law
requires the successor agency to prepare a long-range property
management plan that addresses the disposition and use of the real
properties of the former redevelopment agency. Existing law provides
for the transfer of property, and the liquidation of property and the use
of proceeds, in a specified manner.
This bill would prohibit the Department of Finance from taking any
future action to modify a transfer of property, or the liquidation of
property and the use of proceeds, as described above, if the transfer,
liquidation,or use of proceeds is consistent with the approved plan of
the successor agency.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local prograrn: no.
The people of the State of California do enact as follows:
I SECTION 1. Section 34191.4 of the Health and Safety Code
2 is amended to read:
3 34191.4. The following provisions shall apply to any successor
4 agency that has been issued a finding of completion by the
5 Department of Finance:
6 (a) All real property and interests in real property identified in
7 subparagraph (C) of paragraph (5) of subdivision (c) of Section
8 34179.5 shall be transferred to the Community Redevelopment
9 Property Trust Fund of the successor agency upon approval by the
98
Item 2. - 71 HB -92-
-3— AB564
1 Department of Finance of the long-range property management
2 plan submitted by the successor agency pursuant to Seetion 3419 14
3 et-subdivision(b)of Section 34191.7 34191.5,unless that property
4 is subject to the requirements of any existing enforceable
5 obligation.
6 (b) (1) Notwithstanding subdivision(d)of Section 34171,upon
7 application by the successor agency and approval by the oversight
8 board, loan agreements entered into between the redevelopment
9 agency and the city, county, or city and county that created by the
10 redevelopment agency shall be deemed to be enforceable
1 l obligations provided that the oversight board makes a finding that
12 the loan was for legitimate redevelopment purposes.
13 (2) If the oversight board finds that the loan is an enforceable
14 obligation, the accumulated interest on the remaining principal
15 amount of the loan shall be recalculated from origination at the
I6 interest rate earned by funds deposited into the Local Agency
17 Investment Fund. The loan shall be repaid to the city, county, or
18 city and county in accordance with a defined schedule over a
19 reasonable term of years at an interest rate not to exceed the interest
20 rate earned by funds deposited into the Local Agency Investment
21 Fund.The annual loan repayments provided for in the recognized
22 obligations payment schedules shall be subject to all of the
23 following limitations:
24 (A) Loan repayments shall not be made prior to the 2013-14
25 fiscal year. Beginning in the 2013-14 fiscal year, the maximum
26 repayment amount authorized each fiscal year for repayments
27 made pursuant to this subdivision and paragraph(7)of subdivision
28 (e) of Section 34176 combined shall be equal to one-half of the
29 increase between the amount distributed to the taxing entities
30 pursuant to paragraph (4) of subdivision (a) of Section 34183 in
31 that fiscal year and the amount distributed to taxing entities
32 pursuant to that paragraph in the 2012-13 base year. Loan or
33 deferral repayments made pursuant to this subdivision shall be
34 second in priority to amounts to be repaid pursuant to paragraph
35 (7) of subdivision(e) of Section 34176.
36 (B) Repayments received by the city,county or city and county
37 that formed the redevelopment agency shall first be used to retire
38 any outstanding amounts borrowed and owed to the Low and
39 Moderate Income Housing Fund of the former redevelopment
40 agency for purposes of the Supplemental Educational Revenue
48
H13 -93- Item 2. - 72
AB 564 —4—
I Augmentation Fund and shall be distributed to the Low and
2 Moderate Income Housing Asset Fund established by subdivision
3 (d) of Section 34176.
4 (C) Twenty percent of any loan repayment shall be deducted
5 from the loan repayment amount and shall be transferred to the
6 Low and Moderate Income Housing Asset fund, after all
7 outstanding loans from the Low and Moderate Income Housing
8 Fund for purposes of the Supplemental Educational Revenue
9 Augmentation Fund have been paid.
10 (3) Following the effective date of an oversight board's approval
11 of an enforceable obligation pursuant to this subdivision, as
12 determined pursuant to subdivision (h) of Section 34179, the
13 oversight board's action shall be final and may be relied upon by
14 all public and private entities,and may not be modified or reversed
15 by any future action of the Department of Finance.
16 (c) (1) Bond proceeds derived from bonds issued on or before
17 December 31, 2010, shall be used for the purposes for which the
18 bonds were sold.
19 (2) (A) Notwithstanding Section 34177.3 or any other
20 conflicting provision of law, bond proceeds in excess of the
21 amounts needed to satisfy approved enforceable obligations shall
22 thereafter be expended in a manner consistent with the original
23 bond covenants. Enforceable obligations may be satisfied by the
24 creation of reserves for projects that are the subject of the
25 enforceable obligation and that are consistent with the contractual
26 obligations for those projects, or by expending funds to complete
27 the projects.An expenditure made pursuant to this paragraph shall
28 constitute the creation of excess bond proceeds obligations to be
29 paid from the excess proceeds. Excess bond proceeds obligations
30 shall be listed separately on the Recognized Obligation Payment
31 Schedule submitted by the successor agency.
32 (B) If remaining bond proceeds cannot be spent in a manner
33 consistent with the bond covenants pursuant to subparagraph(A),
34 the proceeds shall be used to defease the bonds or to purchase
35 those same outstanding bonds on the open market for cancellation.
36 (3) Following the effective date of an oversight board's approval
37 of an enforceable obligation pursuant to this subdivision, as
38 determined pursuant to subdivision (h) of Section 34179, the
39 oversight board's action shall be final and may be relied upon by
98
Item 2. - 73 HB -94-
-5— AB 564
all public and private entities,and may not be modified or reversed
2 by any future action of the Department of Finance-
3 SEC. 2. Section 34191.5 of the Health and Safety Code is
4 amended to read:
5 34191.5. (a) There is hereby established a Community
6 Redevelopment Property Trust Fund,administered by the successor
7 agency, to serve as the repository of the former redevelopment
9 agency's real properties identified in subparagraph(C)of paragraph
9 (5) of subdivision(c) of Section 34179.5.
I0 (b) The successor agency shall prepare a long-range property
I 1 management plan that addresses the disposition and use of the real
12 properties of the former redevelopment agency. The report shall
13 be submitted to the oversight board and the Department of Finance
14 for approval no later than six months following the issuance to the
15 successor agency of the finding of completion.
16 (c) The long-range property management plan shall do all of
17 the following:
IS (1) Include an inventory of all properties in the trust. The
19 inventory shall consist of all of the following information:
20 (A) The date of the acquisition of the property and the value of
21 the property at that time, and an estimate of the current value of
22 the property.
23 (B) The purpose for which the property was acquired.
24 (C) Parcel data, including address, lot size, and current zoning
25 in the former agency redevelopment plan or specific, community,
26 or general plan.
27 (D) An estimate of the current value of the parcel including, if
28 available, any appraisal information.
29 (E) An estimate of any lease, rental, or any other revenues
30 generated by the property, and a description of the contractual
31 requirements for the disposition of those funds_
32 (F) The history of environmental contamination, including
33 designation as a brownfield site,any related environmental studies,
34 and history of any remediation efforts.
35 (G) A description of the property's potential for transit-oriented
36 development and the advancement of the planning objectives of
37 the successor agency_
39 (H) A brief history of previous development proposals and
39 activity, including the rental or lease of property.
98
HB -95- Item 2. - 74
AB 564 —6—
1 (2) Address the use or disposition of all of the properties in the
2 trust. Permissible uses include the retention of the property for
3 governmental use pursuant to subdivision (a) of Section 34181,
4 the retention of the property for future development, the sale of
5 the property, or the use of the property to fulfill an enforceable
6 obligation.The plan shall separately identify and list properties in
7 the trust dedicated to governmental use purposes and properties
8 retained for purposes of fulfilling an enforceable obligation.With
9 respect to the use or disposition of all other properties, all of the
10 following shall apply:
11 (A) if the plan directs the use or liquidation of the property for
12 a project identified in an approved redevelopment plan,the property
13 shall transfer to the city, county, or city and county.
14 (B) if the plan directs the liquidation of the property or the use
15 of revenues generated from the property, such as lease or parking
16 revenues, for any purpose other than to fulfill an enforceable
17 obligation or other than that specified in subparagraph (A), the
18 proceeds from the sale shall be distributed as property tax to the
19 taxing entities.
20 (C) Property shall not be transferred to a successor agency,city,
21 county, or city and county, unless the long-range property
22 management plan has been approved by the oversight board and
23 the Department of Finance.
24 (d) After approval by the Department of Finance, an action
25 taken pursuant to subparagraph (A) or (B) of paragraph (2) of
26 subdivision (c) that is consistent with the approved plan may not
27 be modified or reversed by future action of the Department of
28 Finance,and may be relied upon by ail public and private entities.
O
98
Item 2. - 75 1413 -96-
ATTACHMENT #7
Page 1 of I
P
Search Results
Thursday, May 23, 2013
AB 325 (Alejo D) Land use and planning: cause of actions: time limitations.
(Introduced: 2/13/2013)
Status: 5/13/2013-Read second time. Ordered to third reading.
Location: 5/13/2013-A. THIRD READING
2Year Desk Policy Fiscal Floor Desk policy Fiscal iFI oorl Conf. Enrolled Vetoed Chapter
ed
Dead 1st House 2nd House Conc.
Calendar: 5/23/2013 #23 ASSEMBLY ASSEMBLY THIRD READING FILE
Summary: The Planning and Zoning Law requires an action or proceeding against local
zoning and planning decisions of a legislative body to be commenced and the legislative
body to be served within a year of accrual of the cause of action, if it meets certain
requirements. Where the action or proceeding is brought in support of or to encourage or
facilitate the development of housing that would increase the community's supply of
affordable housing, a cause of action accrues 60 days after notice is filed or the legislative
body takes a final action in response to the notice, whichever occurs first. This bill would
authorize the notice to be filed any time within 3 years after a specified action pursuant to
existing law. The bill would declare the intent of the Legislature that its provisions modify a
specified court opinion. The bill would also provide that in that specified action or
proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or
otherwise interfere with the full exercise of the rights and protections granted to a tentative
map application or a developer, as prescribed. This bill contains other related provisions
and other existing laws.
Attachments:
AB 325 (Alejo) Oppose Unless Amend, Asm. Local Gov
Sample Oppose AB 325(Alejo)
AB 325 (Alejo) Letter of Oppostiion
Policy Committee Primary Lobbyist 2nd Lobbyist
(primary)
Housing Community Kolpitcke, Kirstin
and Economic
Development
League Position Position Taken Policy Committee Policy Analyst
(secondary)
Oppose Hot Housing
Total Measures: 1
Total Tracking Forms: 1
5/23/20 3 1 C. 30:58 AM
Item 2. - 77 HB -98-
http://ctsk I.Capitoltrack.com/public/search.aspx?id=aa,+a.3199-37cd-42cd-8217-d 19b4d25... 5/23/2013
Letterhead
Sample Letter
Date
The Honorable Luis Alejo
California State Assembly
State Capitol Building, Room 2117
Sacramento, CA 95814
FAX: (916)319-2130
RE: AB 325(Alejo) Land use and planning:cause of actions:time limitations.
(as introduced)
Notice of Oppose
Dear Assembly Member Alejo:
The City/Town of has taken a position of oppose on AB 325,which would expand the
statute of limitations to file suit against a city's housing element to over four years.
Government Code Section 65009 states that legal action against a city or county"has a chilling effect on
the confidence with which property owners and local governments can proceed with projects." In
addition."The purpose of this section is to provide certainty for property owners and local governments
regarding decisions made pursuant to this division." Expanding the statute of limitations goes against the
very purpose of this section with which this bill seeks to amend.
AB 325 is an attempt to expand the current statute of limitations without regard to whether a city's
housing element follows the letter of the law or a jurisdiction fails to adopt a housing element entirely.
Our citv has worked hard to meet the statCs statutory housing requirements. The possibility of a lawsuit
looming over our head for over four years would have a devastating effect on development and our local
economy_
For these reasons, the City/Town of has an oppose position on AB 325.
Sincerely,
Name
Title
City/Town of
CC' Your Senator& Assembly Member
Anya Lawler.Consultant, Assembly Housing and Community Development Committee, FAX:
(916)319-3182
William Weber,Consultant, Assembly Republican Caucus, FAX: (916)319-3902
Your League Regional Public Affairs Manager
Kirstin Kolpitcke, League of California Cities, FAX: (916)658-8240
HB -99- Item 2. - 78
-.-
��_y C I T I E S
May 1, 2013
The Honorable Luis Alejo
State Capitol, Room 2117
Sacramento, California 95814
Re•AB 325(Aleio). Land use and planning: cause of actions:time.
(As introduced)
Notice of Oppose, Unless Amended
Dear Assembly Member Alejo:
The League of California Cities, the American Planning Association California Chapter, the
California State Association of Counties, and Rural County Representatives of California have
taken a position of oppose, unless amended on AB 325.
While we have discussed the following amendments with your staff and the sponsors,we
would like to formally offer the following amendments which would remove our opposition to
this bill:
• The Pleasanton ruling stays intact for jurisdictions that adopt a housing element— no
changes to Section 65009 (d)for any city or county that adopts a housing element.
• Extend the statute of limitations to 60 days, plus one year after HCD's findings are sent
to a local government under 5ection 65585 (h). This would allow third parties to
identify those few agencies whose housing elements are not certified by HCD and
provide adequate time to file suit.
• Delete Section 65589.3 (b).
• Add a new four-year statute of limitations for failure to adopt with a 90-day notification
requirement for locals to respond.
In our opinion, extending the statute of limitations to challenge an adopted housing element is
not advisable for the following reasons:
• HCD Review. Each city and county's housing element is subjected to an extensive
review process. Housing advocates, other members of the public and local government
staffs participate in this process. HCD testified last year that it reviewed each local
government's draft housing element three times. By the time HCD produces its final set
Item 2. - 79 HB -100-
of comments, all interested parties have had ample opportunity to provide comments.
The emphasis that AB 325 places on the importance of litigation challenges the
expertise of HCD and the need for this extensive review process.
o Housing,not lawsuits. SB 375 requires the allocation of RHNA to conform to the MPO's
sustainable communities strategy and imposes strict time limits on cities and counties to
make zoning available to accommodate their RHNA. Allowing lawsuits challenging a
housing element four years after adoption directly contradicts the planning strategy in
SB 375.
The vast majority of jurisdictions are doing the right thing. Almost 90 percent of jurisdictions
dedicated the time, expense, and staff resources in order to have an adopted housing element.
To expand the statute of limitations for jurisdictions that are doing everything that the law asks
of them makes no sense and we believe the legislation should focus on those jurisdictions that
failed to adopt a housing element at all.
While sponsors have stated that HCD can make mistakes and thus a longer statute of i
limitations is necessary to ensure that every housing element is adequate,they have also stated
that they do not intend to sue agencies with HCD-certified housing elements. There would be
substantially fewer housing elements to review if the focus was on jurisdictions that failed to
adopt a housing element. Extending the time third parties can sue jurisdictions that followed
the law, made it through the thorough HCD housing element review process, and adopted a
housing element, does not increase compliance or build more affordable housing.
We would be happy to meet with you to discuss our concerns and alternative proposal at your
convenience. if you have any questions, please contact any of our representatives below.
Sincerely,
A Li
David Snow,AICP
Vice President Policy and Legislation
APA California
dsnow rwglaw.com
lL-rac-;r-".a-�— �c ;Tcx�
Kirstin Kolpitcke, Lobbyist
League of California Cities
kkolpitcke. cacities.�
BB -101- Item 2• - 80
KathyKAannion
Rural County Representatives ofCalifornia
Kiana@uss
[SA[
Associate Legislative Representative
'
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CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION
ASSEMBLY BILL No. 325
Introduced by Assembly Member Alejo
February 13, 2013
An act to amend Sections 65009, 65589.3, and 65755 Of the
Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 325, as introduced, Alejo. Land use and planning: cause of
actions: time limitations.
(1) The Planning and Zoning Law requires an action or proceeding
against local zoning and planning decisions of a legislative body to be
commenced and the legislative body to be served within a year of accrual
of the cause of action,if it meets certain requirements.Where the action
or proceeding is brought in support Of or to encourage or facilitate the
development of housing that would increase the community's supply
of-affordable housing,a cause of action accrues 60 days after notice is
filed or the legislative body takes a final action in response to the notice,
whichever occurs first.
This bill would authorize the notice to be filed any time within 3 years
after a specified action pursuant to existing law.The bill would declare
the intent of the Legislature that its provisions modify a specified court
opinion. The bill would also provide that in that specified action or
proceeding,no remedy pursuant to specified provisions of law abrogate,
impair, or Otherwise interfere with the full exercise of the rights and
protections granted to a tentative map application or a developer, as
prescribed.
(2) The Planning and Zoning Law establishes a rebuttable
presumption, in any action filed on or after January 1, 1991, taken to
99
HB -103- Item 2. - 82
AB325 —2—
challenge the validity of a housing element,of the validity of a housing
element or amendment if the Department of Housing and Community
Development has found that the element or amendment substantially
complies with specified provisions of existing law.
This bill would provide in any action brought against a city, county,
or city and county to challenge the adequacy of a housing element, if
a court finds that the adopted housing element or amended housing
element for the current planning period substantially complies with
specified provisions, that the element or amendment be deemed to
satisfy any condition of a state-administered housing grant program
requiring a department finding of housing element compliance.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. It is the intent of the Legislature in enacting
2 Section 2 of this act to modify the court's opinion in Urban Habitat
3 Program v.City of Pleasanton(2008) 164 Cal.App.4th 1561,with
4 respect to the interpretation of Section 65009 of the Government
5 Code.
6 SEC. 2. Section 65009 of the Government Code is amended
7 to read:
8 65009. (a) (1) The Legislature finds and declares that there
9 currently is a housing crisis in California and it is essential to
10 reduce delays and restraints upon expeditiously completing housing
II projects.
12 (2) The Legislature further finds and declares that a legal action
13 or proceeding challenging a decision of a city, county, or city and
14 county has a chilling effect on the confidence with which property
15 owners and local governments can proceed with projects: Legal
16 actions or proceedings filed to attack, review, set aside, void, or
17 annul a decision of a city, county, or city and county pursuant to
18 this division, including, but not limited to, the implementation of
19 general plan goals and policies that provide incentives for
20 affordable housing,open-space and recreational opportunities,and
21 other related public benefits,can prevent the completion of needed
22 developments even though the projects have received required
23 governmental approvals.
99
Item 2. - 83 HOB -104-
-3— AB 325
1 (3) The purpose of this section is to provide certainty for
2 property owners and local governments regarding decisions made
3 pursuant to this division.
4 (b) (1) In an action or proceeding to attack, review, set aside,
5 void, or annul a finding, determination, or decision of a public
6 agency made pursuant to this title at a properly noticed public
7 hearing, the issues raised shall be limited to those raised in the
8 public hearing or in written correspondence delivered to the public
9 agency prior to, or at, the public hearing, except where the court
10 finds either of the following:
1 I (A) The issue could not have been raised at the public hearing
12 by persons exercising reasonable diligence.
13 (B) The body conducting the public hearing prevented the issue
14 from being raised at the public hearing. -
15 (2) If a public agency desires the provisions of this subdivision
16 to apply to a matter, it shall include in any public notice issued
17 pursuant to this title a notice substantially stating all of the
18 following: "if you challenge the (nature of the proposed action)
19 in court, you may be limited to raising only those issues you or
20 someone else raised at the public hearing described in this notice,
21 or in written correspondence delivered to the (public entity
22 conducting the hearing) at, or prior to, the public hearing."
23 (3) The application of this subdivision to causes of action
24 brought pursuant to subdivision(d)applies only to the final action
25 taken in response to the notice to the city or clerk of the board of
26 supervisors, if no final action is taken, then the issue raised in the
27 cause of action brought pursuant to subdivision(d)shall be limited
28 to those matters presented at a properly noticed public hearing or
29 to those matters specified in the notice given to the city or clerk
30 of the board of supervisors pursuant to subdivision (d), or both.
31 (c) (1) Except as provided in subdivision (d), no action or
32 proceeding shall be maintained in any of the following cases by
33 any person unless the action or proceeding is commenced and
34 service is made on the legislative body within 90 days after the
35 legislative body's decision_
36 (A) To attack, review, set aside, void, or annul the decision of
37 a legislative body to adopt or amend a general or specific plan.
38 This paragraph does not apply where an action is brought based
39 upon the complete absence of a general plan or a mandatory
99
HB -105- Item 2. - 84
AB 325 —4—
I element thereof, but does apply to an action attacking a general
2 plan or mandatory element thereof on the basis that it is inadequate.
3 (B) To attack, review, set aside, void, or annul the decision of
4 a legislative body to adopt or amend a zoning ordinance.
5 (C) To determine the reasonableness, legality,or validity of any
6 decision to adopt or amend any regulation attached to a specific
7 plan.
8 (D) To attack, review, set aside, void, or annul the decision of
9 a legislative body to adopt, amend, or modify a development
10 agreement. An action or proceeding to attack, review, set aside,
11 void,or annul the decisions of a legislative body to adopt,amend,
12 or modify a development agreement shall only extend to the
13 specific portion of the development agreement that is the subject
14 of the adoption, amendment, or modification. This paragraph
15 applies to development agreements, amendments, and
16 modifications adopted on or after January 1, 1996.
17 (E) To attack, review,set aside, void, or annul any decision on
18 the matters listed in Sections 65901 and 65903, or to determine
19 the reasonableness, legality, or validity of any condition attached
20 to a variance, conditional use permit,or any other permit.
21 (F) Concerning any of the proceedings,acts,or detenninations
22 taken, done, or made prior to any of the decisions listed in
23 subparagraphs (A), (B), (C), (D), and (E).
24 (2) In the case of an action or proceeding challenging the
25 adoption or revision of a housing element pursuant to this
26 subdivision, the action or proceeding may, in addition, be
27 maintained if it is commenced and service is made on the
28 legislative body within 60 days following the date that the
29 Department of Housing and Community Development reports its
30 findings pursuant to subdivision(h) of Section 65585.
31 (d) (1) An action or proceeding shall be commenced and the
32 legislative body served within one year after the accrual of the
33 cause of action as provided in this,,,t`,subdivision if the
34 action or proceeding meets both of the following requirements:
35 -H
36 (A) It is brought in support of or to encourage or facilitate the
37 development of housing that would increase the community's
38 supply of housing affordable to persons and families with low or
39 moderate incomes, as defined in Section 50079.5 of the Health
40 and Safety Code, or with very low incomes,as defined in Section
99
Item 2. - 85 HB -106-
—S— AB 325
1 50105 of the Health and Safety Code, or middle-income
2 households, as defined in Section 65008 of this code. This
3 subdivision is not intended to require that the action or proceeding
4 be brought in support of or to encourage or facilitate a specific
5 housing development project.
6 -(-)
7 (B) It is brought with respect to actions taken pursuant to Article
8 10.6 (commencing with Section 65580) of Chapter-3--4-`ems
9 3, Section �J; 65863.6,-594-5; or
10 Chapter 4.2 (commencing with Section
11 659473). 65913), or to challenge the adequacy of an ordinance
12 adopted pursuant to Section 65915.
13 A
14 (2) A cause of action brought pursuant to this subdivision shall
15 not be maintained until 60 days have expired following notice to
16 the city or clerk of the board of supervisors by the party bringing
17 the cause of action, or his or her representative, specifying the
18 deficiencies of the general plan,specific plan,or zoning ordinance.
19 A cause of action brought pursuant to this subdivision shall accrue
20 60 days after notice is filed or the legislative body takes a final
21 action in response to the notice,whichever occurs first. This notice
22 may be filed at any time within three years after an action
23 described in subparagraph(B)of paragraph(1).A notice or cause
24 of action brought by one party pursuant to this subdivision shall
25 not bar filing of a notice and initiation of a cause of action by any
26 other party.
27 (3) After the adoption ofa housing element covering the current
28 planning period, no action shall be filed pursuant to this
29 subdivision to challenge a housing element covering a prior
30 planning period.
31 (e) Upon the expiration of the time limits provided for in this
32 section, all persons are barred from any further action or
33 proceeding.
34 (f) Notwithstanding Sections 65700 and 65803, or any other
35 provision of law, this section shall apply to charter cities.
36 (g) Except as provided in subdivision(d),this section shall not
37 affect any law prescribing or authorizing a shorter period of
38 Iimitation than that specified herein.
39 (h) Except as provided in paragraph(4) of subdivision(c), this
40 section shall be applicable to those decisions of the legislative
99
HB -107- Item 2. - 86
AB 325 —6—
1 body of a city, county, or city and county made pursuant to this
2 division on or after January 1, 1984.
3 SEC. 3. Section 65589.3 of the Government Code is amended
4 to read:
5 65589.3. (a) in any action filed on or after January 1, 1991,
6 taken to challenge the validity of a housing element, there shall
7 be a rebuttable presumption of the validity of the element or
8 amendment if,pursuant to Section 65585,the department has found
9 that the element or amendment substantially complies with the
10 requirements of this article.
11 (b) In any action brought against a city, county, or city and
12 county to challenge the adequacy of a housing element, if a court
13 finds that the adopted housing element or amended housing element
14 for the current planning period substantially complies with all of
15 the requirements of this article, including, but not limited to, the
16 requirements for public participation set forth in paragraph (7)
17 of subdivision (c) of Section 65583, the element or amendment
18 shall be deemed to satisfy any condition of a state-administered
19 housing grant program requiring a department finding that the
20 housing element substantially complies with the requirements of
21 this article.
22 SEC. 4. Section 65755 of the Government Code is amended
23 to read:
24 65755. (a) The court shall include, in the order or judgment
25 rendered pursuant to Section 65754,one or more of the following
26 provisions for any or all types or classes of developments or any
27 or all geographic segments of the city, county, or city and county
28 until the city,county,or city and county has substantially complied
29 with the requirements of Article 5 (commencing with Section
30 65300):
31 (1) Suspend the authority of the city, county, or city and county
32 pursuant to Division 13 (commencing with Section 17910)of the
33 Health and Safety Code,to issue building permits,or any category
34 of building permits, and all other related permits, except that the
35 city, county, or city and county shall continue to function as an
36 enforcement agency for review of permit applications for
37 appropriate codes and standards compliance, prior to the issuance
38 of build ing permits and other related permits for residential housing
39 for that city, county,or city and county.
99
i
I
Item 2. - 87 xB -108-
—7— AB 325
1 (2) Suspend the authority of the city,county,or city and county,
2 pursuant to Chapter 4 (commencing with Section 65800)to grant
3 any and all categories of zoning changes,variances,or both.
4 (3) Suspend the authority of the city,county,or city and county,
5 pursuant to Division 2(commencing with Section 66410),to grant
6 subdivision map approvals for any and all categories of subdivision
7 map approvals.
8 (4) Mandate the approval of all applications for building permits,
9 or other related construction permits,for residential housing where
10 a final subdivision map,parcel map,or plot plan has been approved
If for the project, where the approval will not impact on the ability
1.2 of the city, county, or city and county to properly adopt and
13 implement an adequate housing element, and where the permit
14 application conforms to all code requirements and other applicable
15 provisions of law except those zoning laws held to be invalid by
16 the final court order,and changes to the zoning ordinances adopted
17 after such final court order which were enacted for the purpose of
18 preventing the construction of a specific residential development.
19 (5) Mandate the approval of any or all final subdivision maps
20 for residential housing projects which have previously received a
21 tentative map approval from the city, county, or city and county
22 pursuant to Division 2 (commencing with Section 66410) when
23 the final reap conforms to the approved tentative map,the tentative
24 map has not expired, and where approval will not impact on the
25 ability of the city,county,or city and county to properly adopt and
26 implement an adequate housing element.
27 (6) Mandate that notwithstanding the provisions of Sections
28 66473.5 and 66474,any tentative subdivision map for a residential
29 housing project shall be approved if all of the following
30 requirements are met:
31 (A) The approval of the map will not significantly impair the
32 ability of the city, county, or city and county to adopt and
33 implement those elements or portions thereof of the general plan
34 which have been held to be inadequate.
35 (B) The map complies with all of the provisions of Division 2
36 (commencing with Section 66410),except those parts which would
37 require disapproval of the project due to the inadequacy of the
38 general plan.
99
1413 -109- Item 2• - 88
AS 325 —8-
1 (C) The approval of the map will not affect the ability of the
2 city,county,or city and county to adopt and implement an adequate
3 housing element.
4 (D) The map is consistent with the portions of the general plan
5 not found inadequate and the proposed revisions, if applicable, to
6 the part of the plan held inadequate.
7 (b) Any order or judgment of a court which includes the
8 remedies described in paragraphs(1),(2),or(3)of subdivision(a)
9 shall exclude from the operation of that order or Judgment any
10 action, program, or project required by law to be consistent with
1 I a general or specific plan if the court finds that the approval or
12 undertaking of the action,program,or project complies with both
13 of the following requirements:
14 (I) That it will not significantly impair the ability of the city,
15 county, or city and county to adopt or amend all or part of the
16 applicable plan as may be necessary to make the plan substantially
17 comply with the requirements of Article 5 (commencing with
18 Section 65300) in the case of a general plan, or Article 8
19 (commencing with Section 65450) in the case of a.specific plan.
20 (2) That it is consistent with those portions of the plan
21 challenged in the action or proceeding and found by the court to
22 substantially comply with applicable provisions of law.
23 The party seeking exclusion from any order or judgment of a
24 court pursuant to this subdivision shall have the burden of showing
25 that the action,program, or project complies with paragraphs (1)
26 and(2).
27 (c) Notwithstanding Section 65754.4 or subdivisions (a) and
28 (b), in anv action or proceeding brought pursuant to subdivision
29 (d) of Section 65009, no remedy pursuant to this section or
30 injunction pursuant to Section 65754.5 shall abrogate, impair, or
31 otherwise interfere with the full exercise of the rights and
32 protections granted to(1)an applicant for a tentative map pursuant
33 to Section 66474.2, or(2) a developer pursuant to Sections 65866
34 and 66498.1.
O
99
Item 2. - 89 Hs -1 10-
ATTACHMENT #8
J.
.Y City �of Huntington Beach
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2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648
0: (714)536-5575 F: (714) 536-5233
CITY OF HUNTINGTON BEACH, CA
2013 FEDERAL AGENDA
The City of Huntington Beach, California, is located along the coast in Orange County, about 40 miles south of
Los Angeles and about 90 miles north of San Diego. The City has a residential population near 200,000,
however, the annual visitor population increases to more than 16 million people, with the greatest attendance
during summer, special events, and weekends. Known for its long 9.5 mile stretch of beach, mild climate,
surfing and beach culture, the City features the most consistent waves on the West Coast, an attribute that
helped the City receive the nickname, Surf City USA.
Huntington Beach has a large recreational boat harbor, a hospital, industrial business park, multiple high speed
transportation corridors, a community college, and direct proximity to a Naval weapons depot. The City is also
home to a vast array of oil fields with large above ground storage facilities and miles of above ground
transmission lines for oil, diesel fuel, and gasoline. The City hosts a major Boeing facility, formerly
McDonnell-Douglas and is also home to the headquarters of Cambro Manufacturing, an international
foodservice equipment company, with two manufacturing facilities in the City.
The City leadership remains committed to improving the vitality of the community by prioritizing needed
upgrades to transportation and water infrastructure, promoting energy conservation and
environmentally friendly initiatives, creating a more pedestrian friendly community, and offering a
variety of recreation and entertainment options for residents and the region.
The City will be aggressively pursuing grants to assist with the identified project priorities listed below and
support from state and federal leaders is requested.
I. Project Priorities
u.
a �S f .E
Transportation Beach/Edinaer Corridor
$84 million to support improvements to Beach and Edinger Corridors which are
• Beach/Edinger Corridor major commercial thoroughfares that link north and south Huntington Beach.
Improvements These corridors were initially developed without a cohesive design and upgrades
are needed to improve traffic flow, minimize conflicts between vehicles and
• Bluff Top Park pedestrians at important commercial nodes along the corridors, and improve
pedestrian connections between commercial and mixed-use nodes along the
corridors.
** San Diego Freeway(I- Bluff Ton
405) Widening Project— $1.5 million to support safety improvements to bike and pedestrian trails, and
continued support for access roads along Bluff Top Park. The coastal bluff, Bluff Top Park, which is
OCTA's efforts to secure adjacent to Pacific Coast Highway (SR1) above several thousand feet of the
funding for the project. City's beach, has eroded overtime. The cause is drainage from inland sources
and wave and wind action on the beach emanating from the Pacific Ocean. This
erosion has become a serious safety concern. The erosion has affected existing
bike, pedestrian coastline trails and park facilities located on the bluff and could
eventually threaten Pacific Coast Highway, which runs parallel to the bluff.
Item 2. - 91 HB -112-
Water Infrastructure Improvements
$20 million to support water infrastructure improvements that will provide: flood
• Infrastructure protection to residents and businesses, protection of coastal waters, enhancement
Improvements of park recreation and habitat value, education, and groundwater recharge.
— Heil Drainage Pump Station ($3M total)
• Water Conservation — Slater Pump Station($8M total)
— Newland Pump Station ($9M total)
• Water Supply
** City has an existing WRDA authorization (FY00 —planning and design; and
FY07- construction).
Water Conservation
— $250,000 - Re-landscape street medians with California Native Plants
and appropriate irrigation system.
— $150,000 Revamp street medians with Cal-Sense irrigation
controllers.
— $400,000 - Additional $2 per square foot for turf removal program to
supplement the $1 per square foot program already in place through
the Municipal Water District of Orange County.
— $500,000 Demonstration gardens at various City-owned properties
and/or at school sites to promote the use of native plants and irrigation
system alternatives.
— $1 million- Billing system upgrade/replacement for the
implementation of enhanced water conservation rate structure.
— $250,000 - Funding to increase school education program to educate
11,000 elementary students with additional hands-on technology
segment. City currently funds education program for 7,000 students
without the hands-on technology option.
Water Supply
$2 million-New water well to replace well taken out of service due to damaged
well casing that allowed upper aquifer groundwater with high levels of chloride
to enter and contaminate the well.
Fire Murdy Fire Station
$800,000 to support the stabilization and seismic retrofit of Fire Station Murdy
• Murdy Fire Station which opened in 1971. Located in the northeast portion of the City and one mile
Stabilization of the Newport-Inglewood Earthquake Fault, the station serves the area around
Bella Terra Mall, Golden West College, and the San Diego Freeway. This station
• Fire Prevention and also houses the department's Urban Search and Rescue apparatus and equipment.
Firefighting Equipment Improvements needed include: structural stabilization, mold, mildew and
moisture control, and plumbing and sewer repair.
Fire Prevention/Fire Equipment
Request for Fire Prevention Program funding and Emergency Response Program
equipment replacement funding through the Assistance to Firefighters Grant
Program provided by the Department of Homeland Security.
........... ...........
2 Page
HB -113- Item 2. - 92
Community Development Senior Center
$20 million to support the rehabilitation of the Michael E. Rodgers Senior Center;
• New Senior Center a focal point for an array of programs and services important to the quality of life
for the seniors in the community. The center is a multi-purpose facility and offers
• LeBard Park opportunities for a wide range of social, recreational, human service and
educational programs.
• Bartlett Park
LeBard Park
$1.2 million to support the development of 2-acres of unimproved park area
within the neighborhood park. Improvement plans include open turf area, walking
paths, engineering to address drainage issues and a new ADA ramp linking the
park to a regional bike trail along the Santa Ana River leading to the beach.
Bartlett Park
1.3 million for Phase I improvements to enhance the passive uses of the 28-acre
undeveloped park. The area has some development challenges given its habitat
and archeological conditions. For several years, the public has used the ad-hoc
trails and the unique topography for walking,jogging and cycling. The proposed
plan for improvements in Phase I is to enhance and existing trail around the
perimeter of the park, replace chain link fence with decorative split rail fencing,
creating a tot lot with environmental themes and interpretive signage along the
trails. The parking lot that serves the park and the historic Newland House
(within the park boundary) will also be improved.
II. Policy and Administrative Priorities
Issue = ~Act�one Item
..v e. m.
Energy/Environment Support legislative proposals that support local government programs to improve
community energy efficiency, develop and implement community and
transportation energy conservation programs, and promote and develop
alternative and renewable energy sources.
Housing/Economic Maintain funding for HUD-funded affordable housing programs and economic
Development development activities.
Homeless Maintain funding for HUD-funded homeless programs.
Law Enforcement Support increased federal investment in resources critical to local law
enforcement, including full funding for the Local Law Enforcement Block Grant;
additional funding for the Community Oriented Policing Services (COPS)
program; as well as integrated public safety communications systems.
Local Parks and Recreation Support legislation that would establish dedicated federal funding streams for
local parks and recreation.
Online Sales Tax Support legislation that would allow local brick-and-mortar retailers to compete
more effectively against out-of-state internet sellers.
3 1 P a g e
Item 2. - 93 HB -114-
Online Travel and Tourism Prevent passage of legislation that would exempt online tourism companies from
Taxation paying appropriate sales taxes to state and local governments.
Sea Level Rise Support legislation that would help communities develop and implement adaption
strategies to sea level rise.
Water and Wastewater Support legislation that would help communities upgrade and replace water and
Infrastructure wastewater infrastructure.
Seek more flexible compliance options for any EPA proposal that sets new
stormwater runoff performance standards for residential and other developments
after they have been constructed.
Seek integrated, flexible approaches to planning and permitting EPA Clean Water
Act compliance requirements for wastewater and stormwater infrastructure.
Workforce Investment Act Support legislation that would provide units of general local government with
/Jobs funding to save and create local jobs through the retention, restoration, or
expansion of services.
For more information contact:
Fred Wilson, City Manager
City of Huntington Beach, CA
(714) 536-5236
fred.wilson c1/surfcity-hb.org
Charmayne Anderson, Partner
The Ferguson Group, LLC
(202) 261-6016
carders ongtfgiiet.com
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HB -115- Item 2. - 94