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HomeMy WebLinkAboutED Supporting Legislation AB587CITY OF Agenda Item No: 6 Meeting Date: April 18, 2011 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager Prepared by: Stephanie LovettevSC Economic Director City Manager Approval: t SUBJECT: RESOLUTION SUPPORTING AB 1103 (HUFFMAN) PROVIDING FLEXIBILITY FOR CITIES TO MEET THE HOUSING NEEDS OF THEIR LOCAL COMMUNITIES AND AB 587 (GORDON & FURUTANI), SB 644 (HANCOCK) EXEMPTING VOLUNTEER PROJECTS FROM PUBLIC WORKS PREVAILING WAGE REQUIREMENTS RECOMMENDATION: Support AB 1103, AB 587, and SB 644. BACKGROUND: The City of San Rafael responds to proposed legislation in several ways. The first is through the League of California Cities. League staff analyzes the impact to cities from proposed legislation and provides sample letters of support or opposition to their City members. San Rafael also has representation on the Legislative Committee of the Marin County Council of Mayors and Councilmember's ("MCCMC"). The MCCMC Legislative Committee was established in the organization's bylaws with one member from each City/Town Council and two City Managers or their designees. Greg Brockbank is the San Rafael representative and Barbara Heller is the alternate. The two City Managers are from Belvedere and San Rafael. The Committee's duties are to review Federal and State legislation affecting MCCMC members. The Committee's scope of advocacy falls into the categories of fiscal protection, local control, transportation investments, housing/land use and other issues directly and significantly impacting Marin County cities and towns. MCCMC has hired the firm of Emanuels Jones to represent Marin interests in Sacramento. There are also situations where a City Council takes an individual position in addition to the MCCMC action because the Council wants to provide a stronger public statement about their position on a particular issue or a city has additional information to present regarding the impact of the proposed legislation on that city. MCCMC supported AB 587 and SB 644 and is scheduled to assess AB 1103 at their April meeting. Staff believes that the City of San Rafael should also be on record supporting AB 1103, AB 587, and SB 644. File No.: Council Meeting: Disposition: ANALYSIS: AB 1103 introduced by Assemblymember Huffman. This bill would provide flexibility to assist cities in meeting their affordable housing responsibilities. Provisions include the ability to count each housing unit that meets the requirements of the jurisdiction's sustainable community's strategy as one and one half units for purpose of meeting the local government's regional housing needs assessment (RHNA) numbers. This clause will be very helpful to San Rafael's efforts to encourage housing near transit in mixed-use areas. The bill would also allow local jurisdictions that provide funding to make existing units affordable to very low and low-income households to count those units towards the RHNA numbers. The bill would apply to rental and for sale units in single family and multi family residences and to second units. The units must have long-term affordability covenants in order to be counted. This additional flexibility will be very helpful to San Rafael. The bill is scheduled for hearing in the Assembly Housing and Community Development Committee on April 27th AB 587 (Gordon and Furutani) SB 644 (Hancock) AB 587 and its companion SB 644 address volunteers working for public agencies. The bill would continue the practice of exempting volunteers from the prevailing wage requirements of regular municipal public works projects. The bill addresses a 2004 determination by the CA Department of Industrial Relations that certain projects undertaken by volunteers in public lands required the volunteers to be paid prevailing wage. The legislature passed a "volunteer exemption" to the Labor Code effective in 2005 with a three-year sunset clause, and again in 2008 with another 3 -year sunset clause. AB 587 and SB 644 are similar to the bills that San Rafael supported in 2004 and 2008 but would provide for a five-year extension instead of the previous three-year extensions. AB 587 is scheduled for hearing in the Assembly Labor and Employment Committee on April 13th. SB 644 passed the Senate and was referred to the Assembly Labor and Employment Committee. FISCAL IMPACT: Unknown at this time. The defeat of AB 587 and SB 644 would have negative consequences for the City's volunteer activities. OPTIONS: • Provide a public statement by adopting the Resolution supporting AB 1103, AB 587, and SB 644. • Modify the Resolution. • Request further information. • Reject the staff recommendation and not support the three bills. ACTION REQUIRED: Staff recommends that the Council adopt the Resolution supporting AB 1103, AB 587, and SB 644. ATTACHMENTS: Attachment A: Information on AB 1103 from Assemblymember Huffman and text of bill Attachment B: Text of AB 587 and SB 644 CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. RESOLUTION SUPPORTING AB 1103 (HUFFMAN) PROVIDING FLEXIBILITY FOR CITIES TO MEET THE HOUSING NEEDS OF THEIR LOCAL COMMUNITIES AND AB 587 (GORDON & FURUTANI), SB 644 (HANCOCK) EXEMPTING VOLUNTEER PROJECTS FROM PUBLIC WORKS PREVAILING WAGE REQUIREMENTS WHEREAS, The City of San Rafael routinely takes positions on legislation affecting the City; and WHEREAS, AB 1103 introduced by Assemblymember Huffman would provide flexibility for local governments to meet the housing needs of their residents and workforce; and WHEREAS, AB 587 introduced by Assemblymembers Gordon and Furutani and SB 644 introduced by Senator Hancock would continue the practice of exempting City volunteer projects from the standard prevailing wage requirements for public works projects; and WHEREAS, all three bills would provide positive benefits to the City of San Rafael; NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby supports AB 1103, AB 587, and SB 644. BE IT FURTHER RESOLVED that the San Rafael City Council hereby directs staff to notify Assemblymembers Huffman, Gordon, and Furutani, and Senator Hancock, MCCMC, and the League of California Cities regarding this action. I, Esther C. Beirne, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 18`" day of April 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk AB 1103 — HOUSING Assemblymember Jared Huffman IN BRIEF AB 1103 provides flexibility for local governments to allow them to meet the housing needs of their residents and workforce. This bill allows cities and counties to find creative and innovative ways of providing housing, and provides incentives for smart growth development, while ensuring local governments meet their regional housing needs. EXISTING LAW California law requires the Department of Housing and Community Development (HCD) to identify housing needs for each region in response to the growing population and household growth in the state, based on census data and Department of Finance estimates for housing needs. Each regional Council of Governments (COG) distributes the Regional Housing Needs Assessment (RHNA) to each jurisdiction within the COG's region. Each local jurisdiction is required to adopt a comprehensive, long-term general plan for the physical development of the city or county. The housing element is one of the seven mandated elements of the local general plan., Housing element law, enacted in 1969, mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community, The law acknowledges that in order for the private market to .adequately address housing needs and demand, local governments must adopt land -use plans and regulatory systems which provide opportunities for housing development. THE BILL Default Density - Housing element law specifies default densities for the development of lower income housing based on characterization of a region as "metropolitan", "suburban", or "nonmetropolitan". AB 1103 will allow a local government to appeal to their COG for redesignation (from "metropolitan" to "suburban" for example) if they can demonstrate justification. The COG could consider redesignating the jurisdiction, or approving an appropriately revised density requirement. This bill also clarifies that default densities do not need to be applied throughout the region, provided the local jurisdiction can demonstrate an ability to meet their regional housing need. Converted Units - Existing law allows a city or county to meet up to 25% of its housing needs in any income category through, conversion or rehabilitation of existing units. This provision includes requirements that any current occupants are not displaced, that the unit is "unfit for human habitation" due to significant health and safety violations, and that the unit is covered by long-term affordability covenants. AB 1103 will allow second units (often known as granny flats) that are converted from non - affordable to affordable housing to qualify under the 25% conversion cap. AB 1103 will also allow local governments to include the conversion of foreclosed property, acquired by the local government and converted to low or very -low income housing with long- term affordability covenants, under the 25% allowance for converted properties. ATTACHMENT A Sustainable Community Incentive — SB 375 (Steinberg, 2008) sets goals for reducing greenhouse gas emissions through smart -growth regional planning and Sustainable Community Strategies. Sustainable Community Strategies are plans for smart growth, including development of housing close to jobs. AB 1103 provides an incentive for local governments to develop housing that meets SB 375 goals. To provide incentives for smart growth development, this proposal would provide that, for every unit of housing that meets Sustainable Community Strategy, the local government would receive credit for 1.5 new units. SUPPORT County of Marin FOR MORE INFORMATION Lawrence Cooper (916) 319-2006 Lawrence. cooperQ asm, ca. gov AB 1103 Assembly Bill - AMENDED Page 1 of 8 BILL NUMBER: AB 1103 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 31, 2011 INTRODUCED BY Assembly Member Huffman FEBRUARY 18, 2011 An act to amend fist Sections 65583.1 and 65583.2 of , and to add Section 65584.11 to, the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST AB 1103, as amended, Huffman. Land use: housing element. (1) The Planning and Zoning Law requires a city or county to prepare and adopt a comprehensive, long-term general plan, and requires the general plan to include specified, mandatory elements, including a housing element. That law requires the housing element, in turn, to contain, among other items, an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs. That law requires that assessment and inventory, in turn, to include an inventory of land suitable for residential development. That law further requires the inventory of land suitable for residential development to be used to identify sites that can be developed for housing, as specified, and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels. This bill would provide that a city or county may request its council of governments to adjust the city's or county's densities for the city's or county's share of regional housing need for lower income households based on a demonstration by the city or county that the density is not consistent with the city's or county's designation as nonmetropolitan, suburban, or metropolitan. The bill would also specify that a city or county may meet the appropriate regional housing needs assessment without using land use controls to set aside the appropriate densities throughout the jurisdiction. The bill would also authorize a local government to count each housing unit that meets the requirements of the jurisdiction's sustainable communities strategy as 11/2 units for purposes of meeting the local government's regional housing needs assessment. (2) The Planning and Zoning Law authorizes the Department of Housing and Community Development to allow a city or county to substitute the provision of units for up to 25% of the city's or county's obligation to identify adequate sites for any income category in its housing element if the city or county includes in its housing element a program committing the city or county to provide units in that income category within the city or county that will be made available through the provision of committed assistance, during ATTACHMENT A http: //www.l eginfo. ca. gov/pub/ 11-12/b ill/asm/ab_1101-1150/ab_1103_b ill_201103 31 _ame... AB 1103 Assembly Bill - AMENDED the planning period covered by the element, to very low and low-income households at affordable housing costs or affordable rents, as defined. In order for a unit to qualify for inclusion in the program, it must meet one of several, specified criteria. This bill would add to that list of potential criteria, until January 1, 2017, the additional criterion of being located on foreclosed property and converted with committed assistance from the city or county from nonaffordable to very low and low-income households to affordable to those households. The bill would also add to that list of potential criteria the additional criterion of being a 2nd unit on a property that is converted from nonaffordable to very low and low-income housing. vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65583.1 of the Government Code is amended to read: 65583.1. (a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for second units based on the number of second units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article. (b) Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site. Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400. (c) (1) The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the community's obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance Page 2 of 8 http://www.leginfo.ca.gov/pub/l l-121bill/asm/ab_1101-1150/ab_1103_bill_20110331_ame... 4/8/2011 AB 1103 Assembly Bill - AMENDED during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following: (A) Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision. (B) Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents. (C) Demonstrate that the units meet the requirements of paragraph (2) . (2) Only units that comply with subparagraph (A), (B), -t () (C), (D), or (e) qualify for inclusion in the housing element program described in paragraph (1), as follows: (A) Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community's stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be "substantially rehabilitated" unless all of the following requirements are met: (i) At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months' rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code. (ii) The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation. (iii) Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements. (B) Units that are located in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants Page 3 of 8 http: //www.l eginfo. ca. gov/pub/11-12/b ill/asm/ab_1101-1150/ab_110 3_b ill_201103 31_ame... 4/8/2011 AB 1103 Assembly Bill - AMENDED and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community's stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur: (i) The unit is made available for rent at a cost affordable to low- or very low income households. (ii) At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following: (I) Low-income households, if the unit will be made affordable to low-income households. (II) Very low income households, if the unit will be made affordable to very low income households. (iii) At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months' rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260. (iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. (v) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years. (vi) For units located in multifamily ownership housing complexes with three or more units, at least an equal number of new -construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted. (C) Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur: (i) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to and reserved for occupancy by persons of the same or lower income group as the current occupants for,a period of at least 40 years. (ii) The unit is within an "assisted housing development," as defined in paragraph (3) of subdivision (a) of Section 65863.10. (iii) The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. (iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. (v) At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income. (D) Units that are second units on a property and are converted Page 4 of 8 http://www.leginfo.ca.gov/pub/I 1-12/bill/asm/ab-1101-1 150/ab_1103_b ill_20110331 _ame... 4/8/2011 AB 1103 Assembly Bill - AMENDED from nonaffordable to very low and low-income housing. (E) (i) Units that are located on foreclosed property that will be converted with committed assistance from the city or county from nonaffordable to very low and low-income households. (ii) This subparagraph shall remain in effect only until January 1, 2017. (3) This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied. (4) For purposes of this subdivision, "committed assistance" means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the second year of the planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. "Committed assistance" does not include tenant -based rental assistance. (5) For purposes of this subdivision, "net increase" includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period. (6) For purposes of this subdivision, "the time the unit is identified" means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation. (7) In the third year of,the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (C) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its. report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July 1 of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (C) of Page 5 of 8 http: //www.leginfo. ca. gov/pub/l l-121bill/asm/ab_ 1101-115 0/ab_1103_bill_201103 31 _ame... 4/8/2011 AB 1103 Assembly Bill - AMENDED paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance. S-EeTi_. . SEC. 2. Section 65583.2 of the Government Code is amended to read: 65583.2. (a) A city's or county's inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, "land suitable for residential development" includes all of the following: (1) Vacant sites zoned for residential use. (2) Vacant sites zoned for nonresidential use that allows residential development. (3) Residentially zoned sites that are capable of being developed at a higher density. (4) Sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use. (b) The inventory of land shall include all of the following: (1) A listing of properties by parcel number or other unique reference. (2) The size of each property listed pursuant to paragraph .(1), and the general plan designation and zoning of each property. (3) For nonvacant sites, a description of the existing use of each property. (4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis. (5) A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis. (6) Sites identified as available for housing for above moderate -income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis. (7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction's general plan for reference purposes only. (c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory -built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows: (1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency' s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site.at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated. Page 6 of 8 http://www.leginfo.ca.gov/pub/l l-121bill/asm/ab_1101-1150/ab_1103_bill_20110331_ame... 4/8/2011 AB 1103 Assembly Bill - AMENDED (2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583. (3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following: (A) Provide an analysis demonstrating how the adopted densities accommodate this, need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households. (B) The following densities shall be deemed appropriate to accommodate housing for lower income households: (i) For incorporated cities within nonmetropolitan counties and for nonmetropolitan counties that have micropolitan areas: sites allowing at least 15 units per acre. (ii) For unincorporated areas in all nonmetropolitan counties not included in clause (i): sites allowing at least 10 units per acre. (iii) For suburban jurisdictions: sites allowing at least 20 units per acre. (iv) For jurisdictions in metropolitan counties: sites allowing at least 30 units per acre. (4) A city or county may request the city's or county's council of governments to adjust the densities specified in subparagraph (B) of paragraph (3) based on a demonstration by the city or county that the density is not consistent with the city's or county's designation as nonmetropolitan, suburban, or metropolitan. (5) For purposes of clauses (i) through (iv), inclusive, of subparagraph (B) of paragraph (3), a city or county may meet the appropriate regional housing needs assessment without using land use controls to set aside the appropriate densities throughout the jurisdiction. (d) For purposes of this section, metropolitan counties, nonmetropolitan counties, and nonmetropolitan counties with micropolitan areas are as determined by the United States Census Bureau. Nonmetropolitan counties with micropolitan areas include the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and such other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) A jurisdiction is considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction's population is greater than 100,000, in which case it is considered metropolitan. Counties, not including the City and County of San Francisco, will be considered suburban unless they are in a MSA of 2,000,000 or greater in population in which case they are considered metropolitan. (f) A jurisdiction is considered metropolitan if the jurisdiction does not meet the requirements for "suburban area" above and is located in a MSA of 2,.000,000 or greater in population, unless that jurisdiction's population is less than 25,000 in which case it is considered suburban. (g) For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the Page 7 of 8 http://www.leginfo.ca.gov/pub/ll-12/bill/asm/ab_1101-1150/ab_1103 bill_20110331_ame... 4/8/2011 AB 1103 Assembly Bill - AMENDED extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. (h) The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner -occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed -uses are not permitted. (i) For purposes of this section and Section 65583, the phrase "use by right" shall mean that the local government's review of the owner -occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that "use by right" does not exempt the use from design review. However, that design review shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5. SEC. 3. Section 65584.11 is added to the Government Code , to read: 65584.11. A local government may count each housing unit that meets the requirements of the jurisdiction's sustainable communities strategy as one and one-half units for purposes of meeting the local government's regional housing needs assessment. Page 8 of 8 http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1101-1150/ab_1103_bill_20110331_ame... 4/8/2011 CALIFORNIA LEGISLATURE -2011-12 REGULAR SESSION ASSEMBLY BILL No. 587 Introduced by Assembly Members Gordon and Furutani February 16, 2011 An act to amend Section 1720.4 of the Labor Code, relating to public works. LEGISLATIVE COUNSEL'S DIGEST AB 587, as introduced, Gordon. Public works: volunteers. Existing law defines "public works," for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work that is performed under contract and paid for in whole or in part out of public funds. Pursuant to existing law, all workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem wages for work, except as specified. Existing law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a community conservation corps. These provisions are effective only until January 1, 2012, and as of that date are repealed. This bill would extend that repeal date to January 1, 2017, and make technical, nonsubstantive changes to that provision. Existing law also requires the Director of Industrial Relations to submit a report to the Legislature before January 1, 2011, regarding volunteers on public projects. This bill would repeal that provision. This bill also would make legislative findings and declarations regarding the intent of the bill. 99 ATTACHMENT B AB 587 —2— Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature finds and declares all of the 2 following: 3 (a) It is the intent of the Legislature that public works projects 4 should never undermine the wage base in a community. 5 (b) The requirement that workers on public works projects be 6 paid the prevailing rate of per diem wages ensures that the local 7 wage base is not lowered. 8 (c) It is the intent of the Legislature that this act shall not apply 9 to the work of state and local public sector employees. 10 SEC. 2. Section 1720.4 of the Labor Code is amended to read: 11 1720.4. (a) This chapter shall not apply to any of the following 12 work: 13 (1) Any work performed by a volunteer. For purposes of this 14 section, "volunteer" means an individual who performs work for 15 civic, charitable, or humanitarian reasons for a public agency or 16 corporation qualified under Section 501(c)(3) of the Internal 17 Revenue Code as a tax-exempt organization, without promise, 18 expectation, or receipt of any compensation for work performed. 19 (A) An individual shall be considered a volunteer only when 20 his or her services are offered freely and without pressure and 21 coercion, direct or implied, from an employer. 22 (B) An individual may receive reasonable meals, lodging, 23 transportation, and incidental expenses or nominal nonmonetary 24 awards without losing volunteer status if, in the entire context of 25 the situation, those benefits and payments are not a substitute form 26 of compensation for work performed. 27 (C) An individual shall not be considered a volunteer if the 28 person is otherwise employed for compensation at any time (i) in 29 the construction, alteration, demolition, installation, repair, or 30 maintenance work on the same project, or (ii) by a contractor, other 31 than a corporation qualified under Section 501(c)(3) of the Internal 32 Revenue Code as a tax-exempt organization, that is receiving 33 payment to perform construction, alteration, demolition, 34 installation, repair, or maintenance work on the same project. 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -3— AB 587 (2) Any work performed by a volunteer coordinator. For purposes of this section, "volunteer coordinator" means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individual's primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work. (3) Any work performed by mergers of the California Conservation Corps or -o€ by Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code. (b) This section shall apply retroactively to otherwise covered work concluded on or after January 1, 2002, to the extent permitted by law. (e) Ott or before januafy 1, 2011, the direetor shall submit -a written report to the LegisIM-dre that does both of the followitir. (1) Deseribes the number and the nature ofeomplainfs reeeived (2) Provides an estimate of etteh of the following as they relafe or restoration of natural areas, ineluditig pwks or eeologieall reseffes, or other publie works projeets that have one or More of Code: (A) The number of hours per year that volunteers work on pub -lie works projeets-. as desseribed itt Seetion 21190 of the Publie p esourees Gode, and the pereetftage of wofk performed by volunteers. (G) The types of work dotte by volunteers on publie work.s. projeets, that are prejeets as deseribed in Seetion 21190 of the (d) The sum of one hundred thousand- dollars ($100,000) is hereby appropriated from the Etwironmental Lieense Plafe Fu 99 AB 587 —4 1 for the ptToses of Rtnding the. report r-eqttired ptirsuanf to 2 stibdivision (e)- 3 (e) 4 (c) This section shall remain in effect only until January 1, 201 5 2017, and as of that date is repealed, unless a later enacted statute, 6 which is enacted before January 1, 2012 2017, deletes or extends 7 that date. U 99 SENATE BILL No. 644 Introduced by Senator Hancock February 18, 2011 An act to amend and repeal Section 1720.4 of the Labor Code, relating to public works. LEGISLATIVE COUNSEL'S DIGEST SB 644, as introduced, Hancock. Public works: volunteers. Existing law defines "public works," for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work that is performed under contract and paid for in whole or in part out of public funds. Pursuant to existing law, all workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem, except as specified. Existing law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or members of the California Conservation Corps or a community conservation corps. Those provisions are effective only until January 1, 2012, and as of that date are repealed. This bill would extend the repeal of this provision to January 1, 2017. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 1720.4 of the Labor Code is amended to 2 read: 3 1720.4. (a) This chapter shall not apply to any of the following 4 work: 99 SB 644 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (1) Any work performed by a volunteer. For purposes of this section, "volunteer" means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed. (A) An individual shall be considered a volunteer only when his or her services are offered freely and without pressure and coercion, direct or implied, from an employer. (B) An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed. (C) An individual shall not be considered a volunteer if the person is otherwise employed for compensation at any time (i) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (ii) by a contractor, other than a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, that is receiving payment to perform construction, alteration, demolition, installation, repair, or maintenance work on the same project. (2) Any work performed by a volunteer coordinator. For purposes of this section, "volunteer coordinator" means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individual's primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work. (3) Any work performed by members of the California Conservation Corps or of Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code. (b) This section shall apply retroactively to otherwise covered work concluded on or after January 1, 2002, to the extent permitted by law. 99 -3— SB 644 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I Ulm MWASS III :. Blow aN�- subdivision (e-� (I This sectiononly 0 2017. and as of that date is re eale unless a later enaeted statate. C 99 On or before january0 .: 2 written report to the 1:;egislatwe that does both of th 0-1 3 (1) Deseribes the mmber and the nature: ; - • and ityvesfigations eondueted Provides an estimate of, of following ::.: projeets that irw4ve the aequisition, I 1 resefves, or other ..: ha-ve otte or more .. .. . - . .. . •• •- - .. .. .. 12 :: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I Ulm MWASS III :. Blow aN�- subdivision (e-� (I This sectiononly 0 2017. and as of that date is re eale unless a later enaeted statate. C 99 SENATE BILL No. 644 Introduced by Senator Hancock February 18, 2011 An act to amend and repeal Section 1720.4 of the Labor Code, relating to public works. LEGISLATIVE COUNSEL'S DIGEST SB 644, as introduced, Hancock. Public works: volunteers. Existing law defines "public works," for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work that is performed under contract and paid for in whole or in part out of public funds. Pursuant to existing law, all workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem, except as specified. Existing law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or members of the California Conservation Corps or a community conservation corps. Those provisions are effective only until January 1, 2012, and as of that date are repealed. This bill would extend the repeal of this provision to January 1, 2017. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 1720.4 of the Labor Code is amended to 2 read: 3 1720.4. (a) This chapter shall not apply to any of the following 4 work: 99 ATTACHMENT B SB 644 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —2— (1) Any work performed by a volunteer. For purposes of this section, "volunteer" means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed. (A) An individual shall be considered a volunteer only when his or her services are offered freely and without pressure and coercion, direct or implied, from an employer. (B) An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed. (C) An individual shall not be considered a volunteer if the person is otherwise employed for compensation at any time (i) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (ii) by a contractor, other than a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, that is receiving payment to perform construction, alteration, demolition, installation, repair, or maintenance work on the same project. (2) Any work performed by a volunteer coordinator. For purposes of this section, "volunteer coordinator" means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individual's primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work. (3) Any work performed by members of the California Conservation Corps or of Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code. (b) This section shall apply retroactively to otherwise covered work concluded on or after January 1, 2002, to the extent permitted by law. 99 -3— SB 644 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 :. v WE WIM WALWIf 1 0 1 1:.: WWWAM M:. -' PRM : :: 00 000 sections4division (e) - only 0 ir 201 J11giijigiiiijig4 IiijMg -:- :c �Sl.R x 99 report2 written does both of the Following 3 (1) Deseribes the number and the naWre of eontplai: • and itwestigafions: :. : : 7 (2) Provides an estimate of eaeh of the following as • or restoration of nafdral areas, ineittdittgparks 1 resefves, or other publie works :: one or more - .. .. . . . . �• .. - .. .. 12 :: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 :. v WE WIM WALWIf 1 0 1 1:.: WWWAM M:. -' PRM : :: 00 000 sections4division (e) - only 0 ir 201 J11giijigiiiijig4 IiijMg -:- :c �Sl.R x 99