MEETING DATE:
SEPTEMBER 9, 2014
SUBJECT:
Title
RESOLUTION NO. 2014-7973 - LEGISLATIVE REPORT
Body
Recommendation
Recommendation
Staff recommends that the City Council of the City of San Marcos adopt the following position on active legislation:
· OPPOSE: AB 155 (Alejo) - Design-build for Monterey County Water Resources
· SUPPORT: AB 922 (Maienschein) - Disaster relief income tax deduction for San Diego County
· OPPOSE: AB 2126 (Bonta) - Meyers-Milias-Brown Act mediation
· OPPOSE: AB 2188 (Muratsuchi) - Solar energy permits
· OPPOSE: AB 2378: (Perea) - Workers' compensation temporary disability payments
These recommendations align with the 2014 Legislative Platform.
Body
Board or Commission Action
Not applicable
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Relevant Department Goal
Support a focused legislative program that ensures the interests of San Marcos residents and businesses are protected and/or enhanced.
Introduction
The City Council adopted Legislative Procedures and the 2014 Legislative Platform to guide the consideration of state and federal bills that affect City operations. In keeping with that direction, this report submits new recommended bill positions along with an update on active legislation under consideration at the state and federal level with an existing San Marcos position.
This report provides a brief overview of recent legislative activity and the recommended positions for: AB 155 (Alejo), AB 922 (Maienschein), AB 2126 (Bonta), AB 2128 (Muratsuchi), and AB 2378 (Perea).
Other bill positions shown in the attached report reflect positions previously adopted by the City Council on measures this legislative session or those that have carried over from the 2013 legislative session. Throughout the year, staff generated letters to state legislators indicating the City's position and asked the City's federal and state legislative advocates to contact legislative staff, and/or speak on behalf of the City regarding the legislative items.
Discussion
The 2014 regular legislative session began January 6 and the last day to pass bills was August 31. Governor Brown has until September 30 to sign or veto legislation. Non-urgency bills enacted on or before October 2 take effect January 1, 2015.
Staff recommends that the City Council take the following position:
OPPOSE: AB 155 (Alejo-D) - Design-build for Monterey County Water Resources
AB 155 authorizes the Monterey County Water Resources Agency to award a design-build contract for the combined design and construction of a project to connect Lake San Antonio and Lake Nacimiento with an underground tunnel or pipeline for water storage.
While the project itself may be worthy, the bill requires a Project Labor Agreement (PLA) for the contract. This is the first California bill to mandate a PLA for any project and would set a precedent that may encourage legislators in the future to require PLAs for other local ventures. This would likely increase local project costs by significantly reducing the bidding pool.
SUPPORT: AB 922 (Maienschein-R) - Disaster relief income tax deduction for San Diego County
AB 922 allows taxpayers affected by the May 2014 wildfires in San Diego County to deduct and adjust any losses they sustained on their income taxes and allow them to carry back those losses to the 2013 tax year. Federal law already allows disaster loss deductions on personal income taxes, and AB 922 would allow similar conformity on state income taxes as has been done for nearly all previous state disasters.
Due to the urgency expressed by our legislative advocates in the final days of the legislative session, and consistent with the City's platform procedures, the City Manager sent a letter to the bill's author and Governor Brown supporting AB 922 on August 12, 2014.
OPPOSE: AB 2126 (Bonta-D) - Meyers-Milias-Brown Act mediation
Current law requires both sides of an employee negotiation to agree to a mediator. AB 2126 changes the current collective bargaining process by allowing either side to independently request a mediator with a written declaration of impasse. If a mediator is not agreed to within five days, the bill requires the Public Employee Relations Board (PERB) to appoint one. The current requirement for mutual agreement to a mediator is important in making sure both sides find the mediator as a neutral party. Having PERB appoint a mediator that has not been mutually agreed to by both sides may cause one side to lose confidence that the mediator is neutral and impartial.
OPPOSE: AB 2188 (Muratsuchi-D) - Solar energy permits
AB 2188 requires all cities to enact an ordinance that expedites and streamlines permitting for residential solar energy installations. It would mandate that cities provide a level of service for solar permits that is unavailable for other building permits. Additionally, it requires cities to accept solar permits online, even if they do not currently have the capability to do so.
The City currently approves most solar residential permits within one business day, exceeding the bill's goals, but does not have an ordinance or online application that would meet the requirements of this state mandate. The City would be required to enact an ordinance and set up an online system. That would result in additional staff time and unreimbursed costs to the City. The bill is also another example of the state eroding local land use authority.
OPPOSE: AB 2378 (Perea-D) - Workers' compensation temporary disability payments
AB 2378 would abrogate recent court decisions declaring that public safety employees who receive temporary disability payments under "4850 time" are subject to the same maximum two-year time cap as other public employees. The bill would increase costs to local governments considerably by providing up to three years of workers' compensation payments to public safety employees - one year at 4850 time (full salary, tax free) and two years at 2/3 of the employee's salary.
Attachment A provides a more comprehensive analysis of each recommended position along with an update on bills for which the City has an existing, approved position.
Fiscal Impact
Unknown impacts-a more thorough further analysis of each bill's implementation requirements is needed to demonstrate total fiscal impact that are specific to the City of San Marcos.
Attachment(s)
Resolution No. 2014-7973
Attachment A-Status update on bills with an approved City position
Prepared by: Michael Gordon, Management Analyst
Reviewed by: Lydia Romero, Deputy City Manager
Approved by: Jack Griffin, City Manager