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Contract Cities’ Positions

2018 Legislative Positions

 

AB 931 (Weber) Criminal procedure: use of force by peace officers

Status: Died in Committee

Position: Oppose (pdf)

Would limit the use of deadly force,  as defined, by a peace officer to those situations where it is necessary to prevent imminent and serious bodily injury or death to the officer or to a third party, as specified. The bill would prohibit the use of deadly force by a peace officer in a situation where an individual poses a risk only to himself or herself. The bill would also limit the use of deadly force by a peace officer against a person fleeing from arrest or imprisonment to only those situations in which the officer has probable cause to believe that the person has committed or intends to commit, a felony involving serious bodily injury or death, and there is an imminent risk of serious bodily injury or death to the officer or to another person if the subject is not immediately apprehended.

 

AB 1578 (Jones-Sawyer) Cannabis programs: cooperation with federal authorities

Status: Died in Committee

Position: Watch

Would prohibit a state or local agency, as defined, from taking certain actions without a federal agent obtaining a court order signed by a judge and presenting that order to the state or local agency, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, obtain information, or arrest a person for commercial or noncommercial cannabis activity that is authorized or allowed under state and local law in the State of California and from transferring an individual to federal law enforcement or detaining an individual at the request of federal law enforcement or federal authorities for cannabis-related activity that is legal under state and applicable local law.

 

AB 1795 (Gipson) Emergency medical services: community care facilities

Status: Died in Committee

Position: Support (pdf)

Would authorize a local emergency medical services agency to submit, as part of its emergency services plan, a plan to transport specified patients to a community care facility, as defined, in lieu of transportation to a general acute care hospital. The bill would make conforming changes to the definition of advanced life support to include prehospital emergency care provided before and during, transport to a community care facility, as specified.

 

AB 1912 (Rodriguez) Public employees’ retirement: joint powers agreements: liability

Status: Chaptered

Position: Removed Opposition (pdf)

Under the Joint Exercise of Powers Act, if the agency is not one or more of the parties to the agreement but is a public entity, commission, or board constituted pursuant to the agreement, the debts, liabilities, and obligations of the agency are the debts, liabilities, and obligations of the parties to the agreement, unless the agreement specifies otherwise. Current law also permits a party to an agreement to separately contract for, or assume responsibilities for, specific debts, liabilities, or obligations of the agency. Current law, with respect to electrical loads, permits entities authorized to be community choice aggregators to participate as a group through a joint powers agency and to also specify in their joint powers agreement that the debts, liabilities, and obligations of the agency shall not be those of the members of the agency. This bill would eliminate the above provisions within the Joint Exercise of Powers Act and those related provisions for community choice aggregators that permit an agreement between one or more parties to specify otherwise as to their debts, liabilities, and obligations and that permit a party to separately contract for those debts, liabilities, or obligations.

AB 2214 (Rodriguez D) Recovery Residences

Status: Died in Committee

Position: Support

Current law provides for the licensure and regulation of community care facilities by the State Department of Social Services. Current law also provides for the licensure and regulation by the State Department of Health Care Services of adult alcoholism and drug abuse recovery and treatment facilities for adults. This bill would, among other things, define a “recovery residence” as a residential property that is operated as a cooperative living arrangement to provide an alcohol and drug-free environment for persons recovering from alcoholism or drug abuse, or both, who seek a living environment that supports personal recovery.

 

AB 2495 (Mayes) Prosecuting attorneys: charging defendants for the prosecution costs of criminal violations of local ordinances

Status: Chaptered

Position: Oppose (pdf)

Current law establishes various procedures applicable to criminal prosecutions. This bill would prohibit a city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance.

 

AB 2762 (Carrillo) Public contracts: disabled veteran business enterprises: local small business enterprises: social enterprises

StatusChaptered

Position: Support (pdf)

Current law authorizes a local agency in facilitating contract awards to small businesses to provide for a small business preference of 5% in construction, the procurement of goods, or the delivery of services, and establishes a subcontracting participation goal for small businesses on contracts with a 5% preference for those bidders who meet the goal. Existing law authorizes each local agency to define a small business for the purposes of these preferences and goals. This bill would expand this preference to disabled veteran businesses and social enterprises, as defined, and would increase the preferences to 15%.

 

AB 2923 (Chiu) San Francisco Bay Area Rapid Transit District: Transit-Oriented Development

Status: Chaptered

Position: Oppose (pdf)

AB 2923 would allow the San Francisco Bay Area Rapid Transit District (BART) the ability to adopt transit-oriented development (TOD) zoning standards within the vicinity of BART-owned properties, including the establishment of height, density, parking, and floor area ratios. This bill encroaches on local land use authority reserved to cities.

 

AB 3162 (Friedman) Alcoholism or drug abuse recovery or treatment facilities

Status: Chaptered

Position: Support (pdf)

Current law provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed. This bill would require, for any licensing application submitted on or after January 1, 2019, the department to deny an application for a new facility license, if the proposed location is in proximity to an existing facility that would result in overconcentration, as defined.

 

SB 25 (Portantino) Elections: ballot order

Status: Chaptered

Position: Support (pdf)

Current law specifies the order of precedence of offices on the ballot, beginning with nominees for President and Vice President to be listed under the heading, PRESIDENT AND VICE PRESIDENT, and ending with directors or trustees for each district to be listed under the heading, DISTRICT. Measures submitted to the voters appear after district directors or trustees. Current law authorizes a county elections official to vary the order for certain offices and measures submitted to the voters, in order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined. This bill would repeal the above provisions and establish a revised order of precedence of offices on the ballot requiring that local offices and measures appear first and be listed under the heading, CITY/LOCAL.

 

SB 827 (Wiener) Planning and zoning: transit-rich housing bonus

Status: Died in Committee

Position: Oppose Unless Amended (pdf)

Would require a local government to, if requested, grant a development proponent of a transit-rich housing project a transit-rich housing bonus if that development meets specified planning standards, including complying with demolition permit requirements, local inclusionary housing ordinance requirements, preparing a relocation benefits and assistance plan, any locally adopted objective zoning standards, and any locally adopted minimum unit mix requirements. The bill would define a transit-rich housing project as a residential development project the parcels of which are all within a 1/2-mile radius of a major transit stop or a 1/4 mile radius of a stop on a high-quality transit corridor.

 

SB 831 (Wieckowski) Land use: accessory dwelling units

Status: Died in Committee

Position: Oppose (pdf)

The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of accessory dwelling units in single-family and multifamily residential zones and sets forth standards the ordinance is required to impose, including, among others, maximum unit size, parking, and height standards. Current law authorizes a local agency, special district, or water corporation to require a new or separate utility connection between the accessory dwelling unit and the utility and authorizes a fee to be charged, except as specified. Current law requires a local agency to submit an ordinance adopted for the creation of accessory dwelling units to the Department of Housing and Community Development and authorizes the department to review and comment on the ordinance. This bill would delete the requirement that the area be zoned to allow single-family or multifamily use.

 

SB 893 (Nguyen) Planning and zoning: density bonus

Status: Died in Committee

Position: Watch

The Planning and Zoning Law requires, when a developer of housing proposes a housing development within the jurisdiction of a local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower-income housing units or the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents. Existing law prohibits a city, county, or city and county from requiring a vehicular parking ratio for a housing development that meets these criteria in excess of specified ratios. This prohibition applies only at the request of the developer and specifies that the developer may request additional parking incentives or concessions. This bill would delete these additional vehicular parking ratio provisions.

 

SB 946 (Lara) Alcoholism or drug abuse recovery or treatment facilities

Status: Chaptered

Position: Oppose (pdf)

Would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county.

 

SB 992 (Hernandez) Alcoholism or drug abuse recovery or treatment facilities

Status: Assembly Committee on Appropriations

Position: Support (pdf)

Would change the definition of “alcoholism or drug abuse recovery or treatment facility” to include facilities that provide residential nonmedical services for less than 24 hours in a day, thereby subjecting additional facilities to the above-referenced licensing and regulatory requirements applicable to those facilities. This bill contains other related provisions.

 

SB 1317 (Portantino) Licensing: alcoholism or drug abuse treatment facilities

Status: Died in Committee

Position: Support (pdf)

Would authorize a city, county, city and county, or other local public entity to adopt a local ordinance that requires an alcoholism or drug abuse recovery or treatment facility to meet specified conditions, including, among other things, submitting specified plans and information to the local entity no less than 30 days prior to opening, providing one full bathroom for every 2 residents, and meeting minimum size requirements of each bedroom, as specified.

 

Last Updated: 10/17/18