HomeMy WebLinkAbout2020-09-10; State Legislative Update and Signature Veto Requests; Haber, JasonTo the members of the:
CllY COUNCIL
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Council Memorandum
September 10, 2020
To: Honorable Mayor Hall a d i mbers of the City Council
From: Jason Haber, lntergovernmeJt I ffair-s Director
Via: Scott Chadwick, City Manager
Re: State Legislative Update ancl Signature/Veto Requests
· {cityof
Carlsbad
Memo ID #2020188
This memorandum provides an update on high priority bills that have been approved by the
Legislature and sent to the Governor for signature.
Background
California's legislative session concluded on Monday, August 31. The Governor now has until
September 30 to sign or veto bills that have been passed by the Legislature.
Throughout the legislative session, city staff, the City Council Legislative Subcommittee and the
City Council received reports and worked with our lobbyists to identify and evaluate bills that
would impact the city's fiscal, operational and environmental health, and the overall quality of
life in Carlsbad. City positions and advocacy efforts have been determined in accordance with the
city's Legislative Platform, as agreed by the Legislative Subcommittee.
Discussion
On September 8 the Legislative Subcommittee received a legislative update and provided
feedback to staff regarding ongoing advocacy efforts on the bills discussed below:
AB 685 (Reyes) COVID-19: exposure: notification: serious violations.
Would require employers to provide notice within one business day to all qualified employees if
they or an exclusive employee representative is notified of an exposure to COVID-19.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Monitor
AB 725 (Wicks) General plans: housing element: moderate-income and above moderate-
income housing: suburban and metropolitan jurisdictions.
Would require certain local governments, through their housing element process, to ensure
that at least 25% of the jurisdiction's share of the regional housing need for moderate-and above
moderate-income housing is allocated to sites with zoning that allows at least four units of
housing, with moderate income sites being capped at a density of 100 units per acre.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Oppose -Request Veto
City Manager's Office
Intergovernmental Affairs
1200 Carlsbad Village Dr. I Carlsbad, CA 92008 I 760-434-2820 t
Council Memo -State Legislative Update
September 10, 2020
Page 2
AB 1196 (Gipson) Peace officers: use of force.
This measure would prohibit law enforcement agencies in California from authorizing the use of
the carotid artery restraint or a chokehold.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Monitor
AB 1286 (Muratsuchi) Shared mobility devices: agreements.
This measure would require shared ,mobility device providers to obtain a permit or agreement
with the city or county it seeks to operate in and comply with all local operation, parking,
maintenance, and safety rules. Additionally, this measure would require shared mobility device
providers to maintain minimum commercial general liability insurance.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Support -Request Signature
AB 1299 (Salas) Peace officers: employment.
This bill requires any agency that employs peace officers to notify POST when an officer
separates from employment, including detail of any termination or resignation in lieu of
termination. This bill requires the Commission on Peace Officer Standards and Training (POST) to
include this information in an officer's profile, and to make this information available to any law
enforcement agency conducting a pre-employment background check.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Monitor
AB 1506 (McCarty) Police use of force.
Provides that a state prosecutor shall conduct an investigation of any officer-
involved shooting that resulted in the death of an _unarmed civilian, as specified. Directs the
Attorney General, beginning July 1, 2023, to operate a Police Practices Division within the
Department of Justice (DOJ), to, upon request of a local law enforcement agency, review the use
of deadly force policies of that law enforcement agency.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Support -Request Signature
AB 1851 (Wicks) Religious institution affiliated housing development projects: parking •
requirements.
Summary: Would allow a developer of a religious institution affiliated housing development
project to eliminate as part ofthat housing development project up to 50% of the number of
religious use parking spaces that are available at the time the request is made.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Monitor
Council Memo -State Legislative Update
September 10, 2020
Page 3
AB 2345 (Gonzalez) Planning and zoning: density bonuses: annual report: affordable housing.
Revises Density Bonus Law to increase the maximum allowable density and the number of
concessions and incentives a developer can seek.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Oppose -Request Veto
AB 2405 (Burke) Right to safe, decent, and affordable housing.
Would declare that it is the policy of the state that every individual has the right to safe,
decent, and affordable housing, and would require the policy to consider homelessness
prevention, emergency accommodations, and permanent housing, as specified.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Monitor
AB 2617 (Gabriel) Firearms: gun violence restraining orders.
Would require a law enforcement officer who files a temporary emergency gun violence
restraining order (GVRO) to file a copy of the order with the court no later than three court days
after issuance and makes it a misdemeanor for any person to violate a valid order issued by an
out-of-state jurisdiction that is similar or equivalent to a GVRO.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Support -Request Signature
AB 3088 (Chiu) Tenancy: rental payment default: mortgage forbearance: state of emergency:
COVID-19.
Establishes a moratorium on evictions for non-payment of rent due to COVID-19 financial
hardship, subject to numerous conditions, until January 31, 2021.
Bill Status: Chaptered with urgency clause -signed by the Governor, effective immediately
City Position: Monitor
AB 3234 (Ting) Public Safety.
Creates a court-initiated misdemeanor diversion program and lowers the minimum age
limitation for the Elderly Parole Program to inmates who are 50 years of age and who have
served a minimum of 20 years.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Monitor
SB 793 (Hill) Flavored tobacco products.
The Stop Tobacco Access to Kids Enforcement (STAKE) Act prohibits a tobacco retailer, or any of
the retailer's agents or employees, from selling, offering for sale, or possessing with intent to sell
or offer for sale, a flavored tobacco product.
Bill Status: Chaptered -signed by the Governor
City Position: Support
Council Memo_: State Legislative Update
September 10, 2020
Page 4
SB 1159 (Hill) Workers' compensation: COVID-19: critical workers.
This bill creates a rebuttable presumption for public safety and healthcare workers who contract
COVID-19 and creates a cluster-based approach to outbreaks of COVID-19 for workers'
compensation purposes.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Oppose -Request Veto
SB 1220 (Umberg) Peace and custodial officers.
Requires each prosecuting agency to maintain a Brady list and any law enforcement agency to,
annually and upon request, provide a prosecuting agency a list of names and badge numbers of
officers employed in the five years prior to providing the list that meet specified criteria,
including having a sustained finding for conduct of mora_l turpitude or group bias, and establishes
a due process procedure for the officer to contest their inclusion on the list.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Monitor
SB 1383 (Jackson ) Unlawful employment practice: family leave._
For any employer with five or more employees, this bill would allow an employee to take up to
12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of
the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling,
spouse, or domestic partner, as specified.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Oppose -Request Veto
SB 1386 (Moorlach) Local government: assessments, fees, and charges: water: hydrants.
Specifies that hydrants, as defined, are part of the system bf public improvements included in the
definition of "water" for purposes of the Proposition 218 Omnibus Implementation Act.
Bill Status: Enrolled -awaiting Governor's signature or veto
City Position: Support -Request Signature
Next Steps
The Governor has until September 30 to sign or veto bills that have been passed by the
Legislature. Staff and the city's state lobbyist are pursuing advocacy efforts on bill positions
agreed upon by the Legislative Subcommittee. The signature/veto requests noted above will be
submitted to the Governor, consistent with the City of Carlsbad 2020 Legislative Platform and
feedback provided by the Legislative Subcommittee.
cc: Geoff Patnoe, Assistant City Manager
Celia Brewer, City Attorney
Cindie McMahon, Assistant City Attorney