REPORT TO COUNCIL
SUBJECT
Title
Action on 2020 Q1 and Q2 Legislative Update [Council Pillar: Enhance Community Engagement and Transparency]
Report
BACKGROUND
On October 9, 2018, the City Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy (Attachment 1). The LAP Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government. The policy also provides guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
In January 2020, the City entered into an agreement with Townsend Public Affairs to provide legislative advocacy services, which includes tracking and monitoring legislation and advocating the City’s position on various legislation at the State and federal levels of government.
On April 7, 2020, the City Council adopted thirteen (13) LAPs for 2020 (Attachment 2) on the following key issues:
• Affordable Housing and Homelessness
• COVID-19 Legislation
• Energy Legislation, Regulations and Issues
• Engagement with Federal Aviation Administration Regarding Airplane Noise
• Human Resources/Public Sector Employment
• Local Authority over Wireless Telecommunications Facilities and Cable Services
• Public Safety
• Regional and State-wide Water Supply and Conservation
• Regional Issues and Collaboration
• Regional Transportation Issues
• Santa Clara Federal Legislative Priorities
• School Mitigation Fees
• Sustainability and Environmental Legislation, Regulations and Issues
An additional LAP on Council Districting, Campaign Reforms, and Public Records was introduced at the April 7, 2020 meeting but was pulled for future consideration. The Council was asked to provide comments and feedback on the proposed LAP, but none has been received, to date.
Townsend Public Affairs does not anticipate any major redistricting legislation moving this legislative session due the current focus on COVID-19-related legislation and noted that there has not been much introduced this year that would impact local campaign contribution limits. While there was a public records bill (AB 2093) that could have substantially impacted the City if passed, the measure was held in the Assembly Appropriations Committee and is no longer eligible for consideration this year. Should other legislation in this area arise before the end of session, the City’s LAP Policy also allows for action on a bill, which meets one or more of the following guiding legislative principles:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates.
• Protect and/or increase funding for specific programs and services.
• Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Given that there was no additional feedback from the City Council on the proposed LAP, the general lack of legislation related to council districting, campaign finance reforms and public records, and the City’s ability to take action on the remaining legislation that is moving forward, staff and Townsend Public Affairs will reengage the Council in Fall 2020 to develop a potential Council Redistricting, Campaign Reforms, and Public Records LAP to be introduced in 2021.
In addition to requiring the City Council to adopt or update LAPs annually to identify specific legislative priorities, the LAP Policy also requires staff to provide quarterly legislative updates on public policy items of interest to the Council and provide Council copies of letters or summary of actions on legislative items.
DISCUSSION
Since the 2020 LAPs were adopted on April 7, 2020, staff and Townsend Public Affairs have been tracking and monitoring various legislative items, which are summarized in the 2020 Q1 and Q2 Legislation document (Attachment 3). The legislative items are grouped by their aligned LAP, guiding principle for legislative advocacy, or approved City policy (e.g. City Council Goals and Priorities). A summary and status have been provided for each bill.
The City has taken action on some of the bills that are included in the 2020 Q1 and Q2 Legislation document and federal legislation (e.g. submitted a letter of support or opposition, called into a legislative committee hearing to voice support for a bill). Those actions and letters are documented in Attachment 4.
The State Legislature is currently scheduled to return from Summer Recess on July 13. As has been the case with most governments, the Legislature spent much of the first half of the year responding to the COVID-19 Pandemic and has been forced to adjust their operations in order to continue their work while ensuring the public health and safety of legislators, staff, and members of the public. As a result, the Legislature has dramatically reduced the number of bills that are being considered in the current legislative session, so that they can focus on those items that need to most immediate attention.
Prior to adjourning for Summer Recess, the Legislature worked with the Governor to approve the FY 2020-21 State Budget, as well as to advance policy bills out of their House of Origin. Upon return from Summer Recess, the Legislature will be focused on conducting policy committee hearings and Floor votes of all remaining legislation prior to the adjournment of session on August 31, 2020. The Legislature is likely to focus the bulk of their efforts on issues relating to COVID-19 response, social equity and justice, and affordable housing. Since this year is the second year of the two-year legislative session, any measure that is not approved by the Legislature prior to adjournment will not be eligible for additional consideration and would need to be reintroduced when the new legislative session begins in December.
As noted above, one of the areas of focus of the Legislature for the remainder of session will be considering legislation in response to the COVID-19 Pandemic. While the State has taken numerous actions to address the outbreak, most of the response actions have been undertaken by Governor Newsom via Executive Order or statewide guidance. The Legislature is considering several policy measures that cover a broad range of topics, including workers compensation (AB 664 and SB 1159), generating new revenue for local governments (AB 398), protections for renters (SB 1410), and moratoriums on foreclosures (AB 828). In addition to state-level legislation, Congress and the Trump Administration continue talks about the need for, and the components of, a Phase 4 federal funding measure to deal with the continued public health and economic impacts to individuals, businesses, and governments.
In addition to working on COVID-19 legislation, the Assembly and Senate will need to consider a significant number of bills related to affordable housing and housing production. In May, a group of Senate Democrats, including Pro Tem Toni Atkins, released a package of bills aimed at increasing the production of new housing and allowing for further streamlining of the development process. Those measures (SB 899, SB 902, SB 995, SB 1085, SB 1120, and SB 1385) have moved out of the Senate and will be considered by the Assembly in the coming weeks. Additionally, the Assembly has approved a number of measures, that still need to be considered in the Senate, related to affordable housing and housing production. It is likely that the Senate and Assembly will work together in the coming weeks to agree on which measures should be advanced, so that their policies are not in conflict with each other.
Lastly, it is likely that the Legislature will continue to pursue legislation in the final weeks of session related to social justice and equity. To date, several bills have been introduced that address various aspects of this topic, but it is likely that additional bills will be gutted and amended after the Legislature returns from summer recess. Prior to the recess, the Legislature approved ACA 5, which will ask voters at the November 2020 General Election if they would like to repeal the provisions of Proposition 209, which was approved by voters in 1996. Similarly, the Legislature has placed measures on the November General Election ballot that would allow a person on parole for the conviction of a felony to vote, as well as to allow youth that will turn 18 prior to a general election to vote in the primary election leading up to the general election. Upon return, the Legislature will be asked to consider measures that would prohibit law enforcement from using certain restraining techniques (AB 1196), to require California State University students to complete an ethnic studies class in order to graduate (AB 1460), and assemble a task force to consider proposals for reparations for African Americans (AB 3121).
In the case of all of the legislation referenced above, the Legislature will need to act on all legislation prior to adjournment on August 31, 2020. The Governor will then have until October 1 to act on all legislation that is approved by the Legislature. The new Legislature will be sworn into office on December 7, 2020, at which time the 2021-22 Legislative Session will officially begin and new legislation can be introduced.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The City’s adopted FY 2019/20 and FY 2020/21 Operating Budget included $300,000 ($150,000 in each fiscal year) in the City Manager’s Office for legislative advocacy consultant services to support the City’s legislative advocacy efforts as outlined in the Legislative Advocacy Position Policy.
The City of Santa Clara conducted a SOQ process in Fall 2019 and Townsend Public Affairs was selected from that process. In January 2020, the City entered into an agreement with Townsend Public Affairs to provide legislative advocacy services, which includes tracking and monitoring legislation and advocating the City’s position on various legislation at the State and federal levels of government. The one-year agreement is for an amount not-to-exceed $90,000 and allows for four additional one-year extensions, which will require Council approval.
COORDINATION
This report has been coordinated with Townsend Public Affairs and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
Note and file 2020 Q1 and Q2 Legislative Update.
Staff
Reviewed by: Nadine Nader, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Legislative Advocacy Position Policy
2. 2020 Legislative Advocacy Positions
3. 2020 Q1 and Q2 Legislation
4. 2020 Q1 and Q2 Legislative Action