City Council Subcommittee Agendas and Minutes

City Council Legislative Subcommittee Agenda 70 N. First Street, Campbell CA Wednesday, August 11, 2021, 4:00 pm VIA Telecommunication NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Services, and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City’s website at www.campbellca.gov. This Legislative Subcommittee Meeting will be conducted via telecommunication and is compliant with provisions of the Brown Act and Executive Order N-29-20 issued by the Governor. The following Subcommittee members are listed to permit them to appear electronically or telephonically at the Legislative Subcommittee meeting on Wednesday, August 11, 2021: Mayor Elizabeth “Liz” Gibbons and Councilmember Sergio Lopez. Members of the public will not be able to attend meetings at the Campbell City Council Chamber physically. The Legislative Subcommittee Meeting will be live streamed on YouTube (https://www.youtube.com/user/cityofcampbell) Public comment for the City Council meeting will be accepted via email at clerksoffice@campbellca.gov prior to the meeting. Please indicate in the subject line “FOR PUBLIC COMMENT.” Comments will be read during the Oral Requests comment period. Written comments received by 5:00 p.m. on Tuesday, August 10, 2021 will be posted on the website and distributed to the subcommittee before the meeting. Special Meeting of the Legislative Subcommittee CALL TO ORDER PUBLIC COMMENT New Business 1. 2021 State Legislation - Bills to Watch* Recommended Action: Continue discussion on 2021 State Legislation ADJOURN *2021 State Legislation Bills Matrix Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act (ADA), if you need assistance to participate in the Legislative Subcommittee meeting, please contact Diana Johnson in the City Manager’s Office at 408-866-2125 or by e-mail dianaj@campbellca.gov  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status HOUSING SB 6 Local Caballero, This bill designates a housing development project, a parcel within a Watch In Assembly – Planning: Eggman, commercial zone not adjacent to an industrial site, as an allowable held at desk Housing: and Rubio use on a neighborhood lot if it complies with various requirements, Commercial one of which includes: the density for a housing development must Zones meet or exceed the density appropriate for lower income households according to the local jurisdiction. (Similar to AB 115) SB 8 Density Skinner Extends the existing Housing Crisis Act, which aims to address the housing Watch 6/22/21 Bonus crisis by requiring the timely processing of permits and includes anti- Assembly Housing displacement measures to help keep tenants and low-income families in and Community their homes, by five years to 2030 and makes clarifying changes. Development – • Reduces the incentive criteria for LI: 17 percent for two incentives and 24 Passed from percent for three incentives (down from 20 percent and 30 percent, Committee re- respectively). refer to Assembly • Increases density bonus maximum to 50 percent for MOD. Local • Adjustments to transit and parking. Government Committee SB 9 Housing Atkins, • Allows for split lots in areas currently zoned single-family. Mayoral 6/23/21 – Passed Development: Caballero, • Two-unit projects ministerial approval. Oppose from Assembly Approvals Rubio, and • The City can develop standards as long as they do not physically preclude Letter Housing and Wiener development. Submitted Community on 7/9 Development; re- refer to CalCities: Appropriations Oppose SB 10 Wiener Would allow for small projects of 10 or fewer units to be approved without Watch 07/06/21 Planning and going through extended environmental reviews. Assembly Local Zoning: • Focused on jobs-rich, urban infill areas within the City. Government – Housing Third Reading 1 8/9/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status Development: Density SB 15 Housing Portantino Grant program to assist local government to rezone idle retail sites (big box Support – In Assembly – Development: or commercial shopping centers) for work force housing. This would be an Letter held at desk Incentives: annual grant. Submitted awaiting referral The Rezoning • Idle defined as at least 80 percent of leased or rentable square footage on 3/30/21 to a policy of Idle Retail not occupied for at least one year. committee Sites Zoning would be by right. • Work force housing for lower- or moderate-income households with 55-year affordability term for a rental and 45-year term for ownership. AB 215 Chiu The Planning and Zoning Law requires a city or county to adopt a general Oppose – 7/01/21 Housing plan for land use development within its boundaries that includes, among Letter Senate Housing Element other things, a housing element. That law requires the Department of Submitted Committee Housing and Community Development (HCD) to determine whether the on 7/9/21 housing element is in substantial compliance with specified provisions of that law. That law also requires HCD to notify a city, county, or city and CalCities: county, and authorizes HCD to notify the office of the Attorney General, Oppose that the city, county, or city and county is in violation of state law if HCD *Action finds that the housing element or an amendment to the housing element Alert does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in violation of specified provisions of law. This bill would add the Housing Crisis Act of 2019 to those specified provisions of law. SB 478 Wiener The Planning and Zoning Law requires a city or county to adopt a general Oppose 7/5/21 – Planning and plan for land use development within its boundaries that includes, among Unless Assembly Zoning Law: other things, a housing element. The law also requires the Department of Amended – Appropriations housing Housing and Community Development to notify the city, county, or city and Letter development county, and authorizes the department to notify the Attorney General, that Submitted projects. the city, county, or city and county is in violation of state law if the on 7/9/21 department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially 2 8/9/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. This bill would prohibit a local agency, as defined, from imposing specified standards, including a minimum lot size that exceeds an unspecified number of square feet on parcels zoned for at least 2, but not more than 4, units or a minimum lot size that exceeds an unspecified number of square feet on parcels zoned for at least 5, but not more than 10, units. AB 1401 Friedman Would prohibit a local government from imposing a minimum parking Watch 7/1/21 – Senate Residential requirement, or enforcing a minimum parking requirement, on residential, (Need more Governance and and commercial, or other development if the development is located on a parcel info) Finance commercial that is within one-half mile walking distance of public transit, as defined, or development: located within a low-vehicle miles traveled area, as defined. CalCities: parking Oppose requirements. ACA 1 Local Aguiar- The California Constitution prohibits the ad valorem tax rate on real Support Assembly Local government Curry property from exceeding 1% of the full cash value of the property, subject Government and financing: to certain exceptions. This measure would create an additional exception to Housing and affordable the 1% limit that would authorize a city, county, city and county, or special Appropriations housing and district to levy an ad valorem tax to service bonded indebtedness incurred public to fund the construction, reconstruction, rehabilitation, or replacement of infrastructure: public infrastructure, affordable housing, or permanent supportive housing, voter or the acquisition or lease of real property for those purposes, if the approval. proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. AB 71 Luz Rivas, Establishes a revenue source to fund various State programs focused on Watch 07/01/21 Statewide Bloom, solving the homeless crisis. Assembly Inactive Homelessness Chiu, and Creates a funding source for developers to develop housing with wrap- File Solutions Wicks around services (continuum of care) in certain jurisdictions. Program 3 8/9/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status AB 115 Bloom Housing development an authorized use on a site designated for Watch Two-Year Bill Planning and commercial if at least 20 percent of the project units are deed-restricted (active thru Jan Zoning: affordable. The development would need to comply with all local standards, 2022) – Appears Housing including: Inactive Development — Not adjacent to industrial uses and is more infill in nature with urban uses on 75 percent of the perimeter; and — Height limits, FAR, and density thresholds are defined in the law that takes into consideration local standards but is the greatest of the standards. • This bill would sunset on January 1, 2031. (Similar to SB 6) AB 59 Gabriel Current law authorizes any party to protest the imposition of a fee, Watch Two-Year Bill Mitigation Fee dedication, reservation, or other exactions imposed on a development (active thru Jan Act: Fees: project within 90 or 120 days of the imposition of the fee, as applicable, and 2022) Notice and specifies procedures for those protests and actions. The Mitigation Fee Act Timelines imposes the same requirements on a local agency for a new or increased fee for public facilities. Current law, for specified fees, requires any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion. Current law also provides that, if an ordinance, resolution, or motion provides for an automatic adjustment in a fee or service charge and the adjustment results in an increase in the fee or service charge, that any action to attack, review, set aside, void, or annul the increase to be commenced within 120 days of the increase. This bill would increase, for fees and service charges and for fees for specified public facilities, the time for mailing the notice of the time and place of the meeting to at least 45 days before the meeting. AB 617 Davies Would authorize a city or county, by agreement, to transfer all or a portion Watch Two-Year Bill Planning and of its allocation of regional housing need to another city or county. The bill (active thru Jan Zoning: would allow the transferring city to pay the transferee city or county an 2022) – Appears Regional amount determined by that agreement, as well as a surcharge to offset the Inactive Housing impacts and associated costs of the additional housing on the transferee 4 8/9/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status Needs: city. The bill would also require the transferring city or county and the Exchange of transferee city or county to report to the council of governments and the Allocation department specified information about the transfer, as provided. AB 1258 Nguyen Current law requires each city, county, or city and county to prepare and Oppose Two-Year Bill Housing adopt a general plan for its jurisdiction that contains certain mandatory (active thru Jan Element: elements, including a housing element. Under existing law, a part of the 2022) Regional housing element is an assessment of housing needs, which includes the Housing Need locality’s share of the regional housing need. Under existing law the Plan: Judicial appropriate council of governments, or for cities and counties without a Review council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. This bill would subject the final regional housing need plan to judicial review. SB 765 Stern Gives local governments the option to return to any setback regulations Watch Two-Year Bill Accessory they had established prior to the state law mandating the 4-foot setback (active thru Jan dwelling units: that took effect in 2020. The bill would authorize an accessory dwelling unit 2022) setbacks. applicant to submit a request to the local agency for an alternative rear and side yard setback requirement if the local agency’s setback requirements make the building of the accessory dwelling unit infeasible. SB 5 Housing Atkins, Authorizes Legislature to issue bonds. Proceeds from bonds would be Watch Inactive Bond Act Caballero, directed toward housing finance activities focused on homelessness and ELI, McGuire, VLI households. Unclear if the funds would be directed into existing Rubio, programs that serve these populations or if new programs would be Skinner, established. and Wiener 5 8/9/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status TRANSPORTATION AB 1091 Santa Berman Current law creates the Santa Clara Valley Transportation Authority (VTA) Oppose – Two-Year Bill Clara Valley with various powers and duties relative to transportation projects and Letter (active thru Jan Transportatio services and the operation of public transit in the County of Santa Clara. Submitted 2022) n Authority: Current law vests the government of the VTA in a 12-member board of 4/15/21 Board of directors whose terms of office are two years. Under existing law, only Directors members of the county board of supervisors and city council members and mayors of cities in the county are authorized to serve on the board. Current law provides for the appointment of the board members by those local governments, as specified. This bill, on and after July 1, 2022, would reduce the size of the board to 9 members, increase their terms of office to 4 years, and provide for residents living in the county, rather than local officials, to serve on the board, as specified. BROADBAND SB 556 Dodd Would prohibit a local government or local publicly owned electric utility Oppose – 7/08/21 Streetlight from unreasonably denying the leasing or licensing of its street light poles Letter Assembly poles, traffic or traffic signal poles to communications service providers for the purpose submitted Appropriations signals: small of placing small wireless facilities on those poles. The bill would require on 4/15/21 wireless that street light poles and traffic signal poles be made available for the facilities placement of small wireless facilities under fair, reasonable, and CalCities: attachments nondiscriminatory fees, subject to specified requirements, consistent with a Oppose specified decision of the Federal Communications Commission. AB 14 Aguiar- Existing law establishes the State Department of Education in state City: No 7/05/21 Communicatio Curry government, and vests the department with specified powers and duties position Senate Energy, ns: Broadband relating to the state’s public school system. This bill would authorize local Utilities, and Services: educational agencies to report to the department their pupils’ estimated CalCities: Communications California needs for computing devices and internet connectivity adequate for at- Support Advanced home learning. The bill would require the department, in consultation with Services Fund the Public Utilities Commission, to compile that information and to annually post that compiled information on the department’s internet website. 6 8/9/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status AB 34 Muratsuchi Would propose a $10 billion general obligation bond measure on the Assembly Privacy Communicatio November 2022 ballot to provide funding for statewide broadband and Consumer ns: Broadband infrastructure in unserved and underserved communities throughout the Protection. Held for All Act of State, and funds could be allocated to cities, among other entities. under 2022 submission. SB 4 Gonzalez Current law establishes the Governor’s Office of Business and Economic City: No 7/07/21 Communicatio Development, known as “GO-Biz,” within the Governor’s office to serve the position Assembly ns: California Governor as the lead entity for economic strategy and the marketing of Communications Advanced California on issues relating to business development, private sector CalCities: and Conveyance Services Fund investment, and economic growth. This bill would require the office to Support coordinate with other relevant state and local agencies and national organizations to explore ways to facilitate streamlining of local land use approvals and construction permit processes for projects related to broadband infrastructure deployment and connectivity. GOVERNANCE AB 339 State Lee Current law requires all meetings, as defined, of a house of the Legislature City: No 7/1/21 – Senate and Local or a committee thereof to be open and public, and requires all persons to position Governance and Government: be permitted to attend the meetings, except as specified. This bill would Finance Open require all meetings, including gatherings using teleconference technology, CalCities: Meetings to include an opportunity for all persons to attend via a call-in option or an Oppose internet-based service option that provides closed captioning services and requires both a call-in and an internet-based service option to be provided to the public. SB 278 Public Leyva Would establish new procedures under Public Employees’ Retirement Law Oppose – 06/25/21 – Employees’ (PERL) for cases in which PERS determines that the benefits of a member or Letter Passed Assembly Retirement annuitant are, or would be, based on disallowed compensation that Submitted Public System: conflicts with PEPRA and other specified laws and thus impermissible under on 3/30/21 Employment and disallowed PERL. The bill would also apply these procedures retroactively to Retirement; re- compensation determinations made on or after January 1, 2017, if an appeal has been refer to filed and the employee member, survivor, or beneficiary has not exhausted Appropriations; 7 8/9/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status : benefit their administrative or legal remedies. At the threshold, after determining 6/30/21 hearing adjustments. that compensation for an employee member reported by the state, school postponed. employer, or a contracting agency is disallowed, the bill would require the applicable employer to discontinue the reporting of the disallowed compensation. The bill would require that contributions made on the disallowed compensation, for active members, be credited against future contributions on behalf of the state, school employer, or contracting agency that reported the disallowed compensation and would require that the state, school employer, or contracting agency return to the member any contributions paid by the member or on the member’s behalf. REVENUE AND TAXATION SB 555 Local McGuire This bill would authorize a local agency to enact an ordinance exclusively Support – 7/13/21 Agencies: delegating its authority to collect any transient occupancy tax imposed by Assembly Transient that local agency on short-term rentals to the California Department of Tax Letter re- Judiciary hearing Occupancy and Fee Administration and to enter into a contract with the department submitted taxes: Online for purposes of registration, rate posting, collection, and transmission of on 6/21/21 6/22/21 Short Term revenues necessary to collect and administer any transient occupancy tax Passed Assembly Rental imposed on a short-term rental as specified in this bill. Letter Revenue and Facilitator: Submitted Taxation; re-refer Collection This bill would require the department to perform those functions, as on 3/22/21 to Assembly specified, and would require all local charges collected by the department Judiciary to be deposited in the Local Charges for Short-term Rentals Fund, which would be created by the bill in the State Treasury. This bill would continuously appropriate all amounts in the fund to the department and would require the department to transmit the funds to the local agencies periodically as promptly as feasible, as provided. Local agencies that do not currently have a TOT collection agreement would be able to opt-in to the program. AB 1181 Fees: Nguyen R Would prohibit cities and counties, including charter cities and counties, Oppose Two-Year Bill business from imposing or collecting license fees from restaurants from January 1, (active thru Jan licenses: 2020, to December 31, 2021, as provided, and would require the city or 2022) 8 8/9/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status alcoholic county to refund to a restaurant any license fees collected during that beverages: period. By imposing new duties on cities and counties with respect to health permits imposing or collecting specified license fees, and by requiring that the fees be refunded, this bill would impose a state-mandated local program. ENERGY AB 987 Low Would require increased reporting for Investor Owned Utilities on planned Support Two-Year Bill Electrical and unplanned electricity outages (City of San Jose is a sponsor) (active thru Jan Corporations: 2022) Reporting. SB-67 Clean Becker Current law establishes as policy of the state that eligible renewable energy CalCities: Two-Year Bill energy: resources and zero-carbon resources supply 100% of retail sales of Watch (active thru Jan California electricity to California end-use customers and 100% of electricity procured 2022) 24/7 Clean to serve all state agencies by December 31, 2045. This bill would revise that Energy policy to establish a goal that 100% of electrical load be supplied by eligible Standard clean energy resources, as defined. The bill would establish the California Program 24/7 Clean Energy Standard Program, which would require that 85% of retail sales annually and at least 60% of retail sales within certain subperiods by December 31, 2030, and 90% of retail sales annually and at least 75% of retail sales within certain subperiods by December 31, 2035, be supplied by eligible clean energy resources, as defined. ENVIRONMENTAL SB-619 Laird Current law requires the Department of Resources Recycling and Recovery, CalCities: 6/23/21 – Passed Organic in consultation with the state board, to adopt regulations to achieve those Watch. Assembly Natural waste: targets for reducing organic waste in landfills, and authorizes those Resources; re- reduction regulations to require local jurisdictions to impose requirements on refer to regulations generators or other relevant entities within their jurisdiction, to authorize Appropriations local jurisdictions to impose penalties on generators for noncompliance, and to include penalties to be imposed by the department for noncompliance. Current law provides that those regulations shall take effect on or after January 1, 2022, except that the imposition of penalties 9 8/9/2021  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Status by local jurisdictions pursuant to the regulations shall not take effect until 2 years after the effective date of the regulations. This bill would delay the effective date of the regulations from January 1, 2022, to January 1 of an unspecified year, and would provide that the operative date of each of the requirements in the regulations in effect as of December 31, 2021, shall be an unspecified amount of years after the operative date identified in the regulations. AB 377 Water Rivas Would require all California surface waters to attain applicable beneficial Oppose- Two-Year Bill quality: uses by January 1, 2050. The bill would require the state board and regional Letter (active thru Jan impaired boards, when issuing an NPDES permit, a waste discharge requirement, or a Submitted 2022) waters. waiver of a waste discharge requirement, to require that the discharge to on 4/13/21 surface water does not cause or contribute to an exceedance of an applicable water quality standard in receiving waters, and to not authorize the use of a best management practice permit term to authorize a discharge to surface water that causes or contributes to an exceedance of an applicable water quality standard in receiving waters. 10 8/9/2021