REGULAR MEETING MONDAY, AUGUST 14, 2023, 5:15 P.M.
CITY MANAGER’S CONFRENCE ROOM
1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533
CITY OF FAIRFIELD
CITY COUNCIL LEGISLATIVE REVIEW COMMITTEE
ZOOM INFORMATION:
The public may join the meeting via Zoom at
https://fairfieldca.zoom.us/j/87083953195?pwd=VWh1TUk0KytTYnBxbFNsczJyM3hsZz09 or via phone (408) 638-0968, Webinar ID: 870 8395 3195, Passcode: 14811059
AGENDA
CALL TO ORDER 5:15 p.m.
ROLL CALL Vice Mayor Pam Bertani
Councilmember Doug Carr
MEMBER REPORTS
PUBLIC COMMENTS
Persons wishing to address the Committee on subjects not on the agenda but within the jurisdiction of the Committee may do so at this time. The Committee cannot discuss or take action on matters not on the agenda for this meeting, but they may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the Committee at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.
PRESENTATION
1. 2023 State Legislative Session Update – Anna Guiles, Assistant to the City Manager
NEW BUSINESS
2. Report on the Position Letters Submitted During the 2023 Legislative Session – Anna Guiles, Assistant to the City Manager
3. Lobbying Services Contract Renewal – Anna Guiles, Assistant to the City Manager
ADJOURN
August 14, 2023 – Legislative Review Committee Agenda
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Legislative Review Committee less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.
The City of Fairfield offers its public programs, services, and meetings in a manner that is reasonably accessible to everyone, including individuals with disabilities. City publications will be made available upon request in the appropriate format to persons with a disability. If you need an accommodation to attend or participate in this meeting due to a disability, please contact Esther Beavers, Deputy City Clerk, at least 72 hours in advance of the meeting at (707) 428-7402.
For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English), (800) 855-3000 (Spanish), and provide the communication assistant with the following City phone number: (707) 399-4010.
PUBLIC NOTIFICATION
I, Esther Beavers, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Legislative Review Committee, at the time and in the manner prescribed by law and that this agenda was posted at 1000 Webster Street, Fairfield, California on Thursday, August 10, 2023.
MEMORANDUM
CITY MANAGER’S OFFICE
DATE: August 10, 2023
TO: Legislative Review Committee – Vice Mayor Pam Bertani and Councilmember Doug Carr FROM: Anna Guiles, Assistant to the City Manager
SUBJECT: 2023 Legislative Session Position Letters Summary
RECOMMENDED ACTION
Receive report on position letters sent during the 2023 Legislative Session.
STATEMENT OF ISSUE
Each year, the City Council adopts an annual legislative platform that establishes the priorities, principles, and policy statements of the City of Fairfield City Council and creates the basis for its advocacy efforts at the state and federal levels. The following memo summarizes the position letters sent this year aligning with the legislative platform.
DISCUSSION
The Legislative Platform establishes the priorities, principles, and policy statement of the City of Fairfield City Council and creates the basis for its advocacy efforts, alerting our legislative partners of the greatest needs of our residents and where we need additional help. The Platform provides general direction to City departments, legislative advocates, delegation members, and the public on our positions on critical policy matters that may impact how the City does business.
During the 2023 Legislative Session, the City sent the following ten position letters; a detailed list of bills is included in Attachment 1.
Bill Title Position Status
AB 28
(Gabriel D)
Firearms and Ammunition: excise tax Support Senate Appropriations Committee
AB 46
(Ramos D)
Personal income taxes: exclusion: Military Services
Retirement and Surviving Spouse Benefit Payment
Act.
Support Senate Appropriations
Committee
SB 389
(Allen D)
State Water Resources Control Board: investigation of
water right.
Oppose Assembly
Appropriations
Committee
SB 423
(Wiener D)
Land use: streamlined housing approvals: multifamily
housing developments.
Oppose Assembly
Appropriations
2 Committee
AB 460
(Bauer-
Kahan D)
State Water Resources Control Board: water rights
and usage: interim relief: procedures.
Oppose 2-year bill
AB 504
(Reyes D)
State and local public employees: labor relations:
strike
Oppose Senate Appropriations
Committee
AB 697
(Davies R)
Drug Court Success Incentives Pilot Program Support 2-year bill AB 742
(Jackson D)
Law enforcement: police canines. Oppose 2-year bill
AB 1708
(Muratsuchi
D)
Theft. Support 2-year bill
AB 1337
(Wicks D)
State Water Resources Control Board: water diversion
curtailment.
Oppose 2-year bill
In addition to the above bills, the City sent funding requests to the regional representatives, Assemblymember Wilson and Senator Dodd, requesting earmarks in the budget trailer bill to support regional infrastructure needs. Unfortunately, given the $32 billion deficit in the state budget, fewer requests were approved this year and the City of Fairfield did not receive funding as part of the Budget Act of 2023 (AB 102).
Within Solano County, the following local agencies were awarded State funding:
Amount Agency Purpose
$1,500,000 City of Vallejo Vallejo Marina Seawall Rehabilitation Project $3,750,000 County of Solano Radio interoperability and infrastructure improvement and early learning resource center
The Legislature returns from Summer Recess on Monday, August 14. Lawmakers will have until September 1 to get their bills through appropriations committees, then they will have until September 14 to get their bills passed and onto the Governor’s desk for signing. Governor Newsome will have until October 14 to take action on any bills. City staff will continue monitoring legislative activity and will submit additional letters as needed.
FISCAL IMPACT
N/A
DOCUMENTS ATTACHED
Attachment 1: List of Position Letters Sent in 2023
STAFF CONTACT
Anna Guiles, Assistant to the City Manager
(707) 428-7399
[email protected]
Attachment 1: List of Position Letters Sent in 2023
The following is a list of position letters sent during the 2023 Legislative Cycle stating the City’s position on topics impacting the Fairfield community. All of the following letters align with the City’s adopted Legislative Platform.
Bills the City Supported
AB 28 (Gabriel D) Firearms and ammunition: excise tax.
Current law establishes the California Violence Intervention and Prevention (CalVIP) Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention. Current law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill, the Gun Violence Prevention, Healing, and Recovery Act, would, commencing July 1, 2024, impose an excise tax in the amount of 11% of the gross receipts from the retail sale in this state of a firearm, firearm precursor part, and ammunition, as specified. The tax would be collected by the state pursuant to the Fee Collection Procedures Law. The bill would require that the revenues collected be deposited in the Gun Violence Prevention, Healing, and Recovery Fund, which the bill would establish in the State Treasury.
AB 46 (Ramos D) Personal income taxes: exclusion: Military Services Retirement and Surviving Spouse Benefit Payment Act.
Would, for taxable years beginning on or after January 1, 2024, and before January 1, 2034, exclude from gross income retirement pay received by a taxpayer from the federal government for service performed in the uniformed services, as defined, during the taxable year. The bill, for taxable years beginning on or after January 1, 2024, and before January 1, 2034, would also exclude from gross income annuity payments received by a qualified taxpayer, as defined, pursuant to a United States Department of Defense Survivor Benefit Plan during the taxable year. The bill would make related findings and declarations.
AB 697 (Davies R) Drug Court Success Incentives Pilot Program.
Would, upon appropriation by the Legislature, authorize the superior courts in the Counties of Sacramento, San Diego, and Solano to conduct a pilot program to provide specific supportive services to adult defendants who participate in the county’s drug court, as specified. The bill would require the Judicial Council to administer the program and would authorize the council to establish guidelines and reporting requirements for the participating drug courts. This bill would require a participating drug court to enroll eligible defendants in specific supportive services unless a defendant refuses or is already enrolled in those services. The bill would require a county probation department, or another
county department designated by the court, to administer the supportive services payments and reimbursements. By increasing the duties of county agencies, this bill would impose a state-mandated local program.
AB 1708 (Muratsuchi D) Theft.
The Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud.
Bills the City Opposed
AB 460 (Bauer-Kahan D) State Water Resources Control Board: water rights and usage: interim relief: procedures.
Current law authorizes the State Water Resources Control Board to investigate all streams, stream systems, lakes, or other bodies of water, take testimony relating to the rights to water or the use of water, and ascertain whether water filed upon or attempted to be appropriated is appropriated under the laws of the state. Current law requires the board to take appropriate actions to prevent waste or the unreasonable use of water. This bill would authorize the board, in conducting specified investigations or proceedings to inspect the property or facilities of a person or entity, as specified. The bill would authorize the board, if consent is denied for an inspection, to obtain an inspection warrant, as specified, or in the event of an emergency affecting public health and safety, to conduct an inspection without consent or a warrant.
AB 504 (Reyes D) State and local public employees: labor relations: strikes.
Would allow local public employees to refuse to enter property that is the site of a primary labor dispute, perform work for an employer involved in a primary labor dispute, or go through or work behind a primary picket line. Would prohibit an employer from directing an employee to take those actions.
AB 742 (Jackson D) Law enforcement: police canines.
This measure prohibits the use of canines by peace officers for arrest and apprehension unless necessary to defend against an imminent threat of death or serious bodily injury, but permits their use
of canines for search and rescue, explosives detection, and narcotics detection.
AB 1337 (Wicks D) State Water Resources Control Board: water diversion curtailment.
Under existing law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would expand the instances when the diversion or use of water is considered a trespass. This bill contains other related provisions and other existing laws.
SB 423 (Wiener D) Land use: streamlined housing approvals: multifamily housing developments.
This bill would modify and expand SB 35 provisions that allow certain multifamily housing developments to take advantage of a streamlined, ministerial approval process. Specifically, this bill would: 1) Extends the Jan. 1, 2026 sunset to Jan. 1, 2036. 2) Applies SB 35 provisions to the Coastal Zone. 3) Allows the State to approve housing developments on property they own or lease. 4) Prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.
SB 389 (Allen D) State Water Resources Control Board: investigation of water right.
Current law authorizes the State Water Resources Control Board to investigate bodies of water, to take testimony in regard to the rights to water or the use of water, and to ascertain whether or not water is appropriated lawfully, as provided. Under current law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would instead authorize the board to investigate and ascertain whether or not a water right is valid. The bill would authorize the board to issue an information order in furtherance of an investigation, as executed by the executive director of the board, to a water right holder or claimant, diverter, or user to provide the information related to a diversion and use of water, as specified. The bill would authorize a diversion or use of water ascertained to be unauthorized pursuant to this provision to be enforced as a trespass.
Funding Requests Sent to Elected Representatives
The following funding requests were sent to elected representatives as part of the member request process each year. The projects submitted represent valuable quality-of-life infrastructure projects benefiting the community.
Funding request sent to Assemblymember Lori Wilson:
• East Tabor Safe Routes to School Project - $2,000,000
• Police Station Addition - $2,000,000
• Fire Station 39 - $2,000,000
• Hannigan Train Station Parking Lot Expansion - $500,000 Funding requests sent to Senator Bill Dodd:
• West Texas Complete Streets Project - $3,000,000
Funding requests sent to Congressman John Garamendi
• Transit and Municipal Fleet Electrification Project - $4,000,000 • Markeley Lane Extension Project - $4,300,000
Letters of Support Unrelated to Legislation
In addition to sending position letters on legislation, the City will send letters of support on behalf of neighboring agencies and local non-profits to support grant efforts. The following is a list of support letters sent in 2023.
• Letter to Congressman Garamendi in support of Solano County’s request seeking $8 million in Fiscal Year 2024 Congressionally Directed Spending for the Radio Infrastructure and Interoperability Improvements project.
• Letter to Congressman Garamendi in support of Leaven Kids’ proposed Community Project Request to enhance and improve after-school programming for youth in Fairfield. • Letter of support to Solano County Health and Human Services Director, Geral Huber, supporting the application for the Local Aging and Disability Action Planning Grant submitted by the Solano County Department of Health and Social Services and Napa/Solano Area Agency on Aging.
• Letter of support to the California Department of Forestry & Fire Protection Director, Joe Tyler, supporting Cordelia Fire Protection District and Green Valley Fire Safe Council’s grant application.
• Letter of support to ABAG/MTC Deputy Executive Director of Local Government Services, Brad Paul, supporting ABAG’s proposal to the U.S. Economic Development Administration’s 2023 Regional Technology and Innovation Hub Program for establishing a Next-Generation Solid-State Battery Technology Innovation Hub in the Bay Area.