HomeMy WebLinkAbout062221-03.1
LEGISLATIVE COMMITTEE MEMORANDUM 3.1
TO: Mayor and Town Council June 22, 2021
SUBJECT: June Legislative Report
BACKGROUND
Both individually and as part of the Tri-Valley Cities coalition, Danville officials are
adapting to the social and economic changes and 2021 state legislative priorities.
Advocacy work has been focused on supporting legislative efforts that help the Town
recover from the COVID-19 pandemic while limiting new legislation that impacts the
Town’s scope of review over planning and land use matters.
Housing production remains a top priority of the legislature, which is focused on
attempting to create affordability by imposing new requirements on local governments.
To meet an estimated housing need of 1.8 million new homes by 2025, the state will need
to significantly outperform current production, estimated at 80,000 new homes annually,
according to the Department of Housing and Community Development (HCD). Many
of these bills will impact Danville’s ability to plan for housing development as we have
in the past. Designed to supersede local zoning, these bills create housing density,
streamline the approval process, and densify infill by eliminating single family zoning.
DISCUSSION
The Legislative session has reached the mid-point. The Town continues to track and
advocate on legislation related to housing, sales and taxation, public safety and mental
health, environment and transportation.
Housing
SB 5: (Atkins, Wiener, Skinner): Senate Housing Bond
Senate Bill 5 establishes the initial framework that would state the intent of the Legislature to enact
legislation that would authorize the issuance of bonds and would require the proceeds from the
sale of those bonds to be used to finance housing-related programs that serve the homeless and
extremely low income and very low-income Californians. (Support) SB 5 is not moving
forward this year.
SB 6: (Caballero): The Neighborhood Homes Act
Senate Bill 6 the Neighborhood Homes Act authorizes residential development on
existing lots currently zoned for commercial office and retail space, such as strip malls or
June Legislative Committee Report 2 June 22, 2021
large “big box” retail spaces, that are not adjacent to industrial use zones. The bill would
require the density for a housing development under these provisions to meet or exceed
densities deemed appropriate to accommodate housing for lower income households,
including a minimum density of at least 20 du/ac for a suburban jurisdiction and 30
du/ac for an urban jurisdiction. (Oppose) SB 6 will be heard in the Assembly
Committee on Local Government.
Senate Bill 7: (Atkins) The Housing + Jobs Expansion and Extension Act
This bill Reenacts and revises the expedited California Environmental Quality Act
(CEQA) administrative and judicial review procedures established by the Jobs and
Economic Improvement Through Environmental Leadership Act, AB 900. Extends
eligibility to housing projects that will result in a minimum investment of $15 million, but
less than $100 million, provided at least 15% of the project is affordable to lower income
households and the project is not used as a short-term rental. (Watch) Urgency clause
adopted and enrolled and presented to the Governor for signature on May 13.
Chaptered by the Secretary of State on May 20.
Senate Bill 8: (Skinner): Housing Crisis Act of 2019
Senate Bill 8 extends SB 330 the Housing Crisis Act from expiration in 2025 to 2030.
Aimed at streamlining the production of housing, the bill freezes development related
fees upon builder’s submission of a preliminary application, sets a cap on the number of
public hearings for a development and prohibits local agencies from any actions that
would reduce housing capacity. (Oppose) SB 8 will be heard in the Assembly
Committee on Local Government.
Senate Bill 9: (Atkins) California Housing Opportunity & More Efficiency Act
SB 9 would allow for ministerial approval of a proposed housing development containing
2 residential units within a single-family residential zone if the proposed development
meets certain requirements are met. Townsend Public Affairs participated in the public
comment to voice the Tri-Valley Cities opposition to the bill during the June 9 Assembly
Committee on Local Government hearing. The bill passed out of Committee on a 5 -1
vote.
Senate Bill 10: (Wiener) Planning and Zoning: Housing Development: Density
SB 10 authorizes a city to pass an ordinance to zone any parcel for up to 10 units of
residential density if parcel is in a transit rich area, jobs rich area or urban infill site.
(Oppose) SB 10 will be heard in the Assembly Committee on Local Government.
SB 15: (Portantino)Housing development: incentives: rezoning idle retail sites
SB 15, upon appropriation by the Legislature in the annual Budget Act or other statute,
would require the department of HCD to administer a program to provide incentives in
the form of grants allocated as provided to local governments that rezone idle sites used
June Legislative Committee Report 3 June 22, 2021
for a big box retailer or a commercial shopping center to instead allow the development
of workforce housing. (Support)
AB 115: (Bloom) Planning and Zoning: commercial zoning: housing development
Would, notwithstanding any inconsistent provision of a cities or county’s general plan,
specific plan, zoning ordinance, or regulation, would require that a housing development
be an authorized use on a site designated in any local agency’s zoning code or maps for
commercial uses if certain conditions apply. Among these conditions, the bill would
require that the housing development be subject to a recorded deed restriction requiring
that at least 20% of the units have an affordable housing cost or affordable rent for lower
income households, as those terms are defined, and located on a site that satisfies
specified criteria. (Oppose)
AB 602: (Grayson) Development fees: impact fee nexus study
AB 602 requires that impact fee nexus studies must: a) Identify the existing level of service
and the proposed new level of service and explain why the new level of service is
appropriate; b) Include information in the nexus study that supports the local agency's
actions establishing, increasing, or imposing a fee; 2) Requires HCD to create an impact
fee nexus study template and authorize local jurisdictions to use the template. (Oppose)
SCA 2: (Allan, Wiener) Public Housing Projects
SCA 2, would repeal Article 34 of the California Constitution, which prohibits the
development, construction, or acquisition of a low-rent housing project, as defined, in
any manner by any state public body until a majority of the qualified electors of the city,
town, or county in which the development or acquisition of the low-rent housing project
is proposed approve the project by voting in favor at an election. (Oppose) This bill is
not moving forward.
Sales and Taxation
SB 792: (Glazer) Sales and use tax: returns: online transactions: local jurisdiction
schedule
Bill 792 would require retailers whose annual sales of tangible personal property
transacted online exceeded $1 million in the previous calendar year to track and report
to CDTFA the city or ZIP code where the purchaser resides for each sale within the state
that is transacted online. This is a critical first step in the process of online sales tax reform,
which will shine light on a major and growing problem in California local finance. This
bill is also in the suspense file in appropriations. SB 792 was amended at the request
of the California Department of Taxation and Fee Administration. Instead of the zip
code they requested the city or county. (Support)
Public Safety and Mental Health
AB 988: (Bauer-Kahan) Mental Health: Mobile crisis support teams: 988 crisis hotline
June Legislative Committee Report 4 June 22, 2021
Assemblymember Rebecca Bauer Kahan's bill that would require the Office of Emergency
Services to take actions to implement the hotline system, designating a 988-crisis hotline
center or centers to provide crisis intervention services and crisis care coordination to
individuals accessing the 988 hotline. (Support) This bill was significantly amended
and is now noted as an intent bill. This bill has been referred to the Committee on
Rules. There are ongoing discussions and negotiations about the actual bill language
with telecoms and stakeholders.
SB 210: Wiener Automatic license plate recognition systems: use of data
Existing law authorizes CHP to retain ALPR license plate data for no more than 60 days
unless the data is being used as evidence or investigation of a felony. This bill would
require the destruction of ALPR data within 24 hours if it does not meet hot list
requirements and auditing of these practices. (Oppose) This bills status has changed
to a 2-year bill.
Environment
SB 612: (Portantino) Electrical Corporations and other load-serving entities: allocation
of legacy resources
This bill would require the California Public Utilities Commission (CPUC) to recognize
the value of GHG-free energy in legacy contracts and would increase transparency
around how investor-owned utilities renegotiate these contracts. This bill would ensure
fair and equal access to benefits of the resources that all customers continue to pay as they
transition to a CCA from an investor-owned utility. The customer continues to pay for
resources that have been procured on their behalf through the power charge indifference
adjustment and receive no benefit from these resources. (Support)
SB 619: (Laird) Organic Waste Reduction regulations
This bill would require the Department of Resources Recycling and Recovery until
January 1, 2023, to only impose a penalty on a local jurisdiction, and would require a
penalty to only accrue, for violation of the regulations if the local jurisdiction did not
make a reasonable effort, as determined by the department, to comply with organic
landfill reduction goals under SB 1383. (Support)
AB 377: (Rivas) Water quality: impaired waterways
AB 377 would require, by January 1, 2030, the state board and regional boards to develop
an Impaired Waterways Enforcement Program to enforce all remaining water quality
standard violations that are causing or contributing to an exceedance of a water quality
standard. To ensure any water segments impaired by ongoing pollutants are brought into
attainment with water quality standards, the bill would require the state board and
regional boards, by January 1, 2040, to evaluate the state’s remaining impaired waters
using a specified report. (Oppose) This bills status has changed to a 2-year bill.
June Legislative Committee Report 5 June 22, 2021
AB 843: (Aguiar-Curry)
This bill would allow Community Choice Aggregators (CCAs) to access BioMAT
program, an existing state program that supports the development of renewable
bioenergy electricity projects. Bioenergy is generated from organic waste and helps
divert waste from landfills. (Support)
Transportation Legislation
SB 548: (Bauer-Kahan) Tri-Valley Regional Rail Authority: transit connectivity
SB 548 would expressly require the Tri-Valley-San Joaquin Valley Regional Rail
Authority to be considered a rail transit district, thereby exempting the authority from
specified provisions related to regulation by counties and cities regarding building,
zoning, and related matters. (Support)
State
With the reopening of California’s economy, the State Capitol has been reopened to the
public, with a capacity of 500 people within the building at a time, not including
Legislators, Administration officials, or Capitol Staff. Rules committees of both the State
Senate and Assembly plan to continue to assess increasing the capacity to a total of 1,000
members of the public as soon as June 21. Individual Legislative offices will have the
ability to decide whether they would like to take in-person meetings or if they will
continue with remote meetings for the time being. If they choose the latter, signage must
be posted on their Capitol office door indicating so.
The constitutional deadline for the Legislature to approve the state budget was June 15th.
At this point, legislative leadership is still negotiating with the Governor’s Office on the
provisions that will be included in the final budget. This process may take a few weeks.
Federal
The Town’s earmark requests for the Traffic Signal Modernization Project the Iron Horse
Trail Pedestrian Improvements have been submitted in the Transportation and Housing
and Urban Development bill. The first committee markup of this bill is July 12. Final
resolution of these requests is scheduled to occur in the fall.
The Town will receive $10.6 million in funding from American Rescue Fund Act. The
application deadline to receive the first tranche is June 23. The expected receipt of the
funds from the State of California is mid to late July.
Grant Funding
The Town’s contract for grant writing services with Townsend Public Affairs ends on
June 30. From January 1, 2020, to June 30, 2021, the town submitted 17 grant applications
and was awarded 7 grants totaling $784, 948. The grant expenditure for this timeline was
$72,000.
June Legislative Committee Report 6 June 22, 2021
Prepared by:
Diane Friedmann
Assistant to the Town Manager
Attachments: A – Senate Bill 6 Letter of Opposition
B - Senate Bill 8 Letter of Opposition
C – Senate Bill 10 Letter of Opposition
D – Senate Bill 15 Letter of Opposition
E – Senate Bill 548 Letter of Support
F – Senate Bill 612 Letter of Support
G – Senate Bill 619 Letter of Support
H – Senate Bill 792 Letter of Support
I – Tesla Park Preservation Letter of Support
J - Tri -Valley Cities Budget Comment Letter
K – Townsend Public Affairs Grants Memo
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
ATTACHMENT A
June 16, 2021
The Honorable Anna Caballero
California State Senate
State Capitol, Room 5052
Sacramento, CA 95814
Re: Senate Bill 6 (Caballero) Local planning: housing: commercial zones
Letter of Opposition with Comments from the Tri-Valley Cities
Dear Senator Caballero,
On behalf of the Tri-Valley Cities (TVC) Coalition which includes the cities of Dublin, Livermore,
Pleasanton, San Ramon, and the town of Danville, we write in respectful opposition to Senate Bill
6. This bill would establish a housing development as an allowable use on a parcel within a
commercial zone where office and retail uses are permitted, so long as the parcel is not adjacent
to an industrial use.
The TVC coalition is committed to ensuring that affordable housing is built in California in a way
that allows local oversight. While we appreciate the desire to repurpose underutilized retail and
commercial spaces for housing, we have a need to preserve retail and commercial spaces so that
residents have access to those resources. The conversion of retail and commercial space into
housing without local discretion ultimately results in our residents needing to travel increased
distances to their jobs, access services, or to go shopping. In some areas, this bill would further
exacerbate jobs/housing imbalance with all the negative consequences that come along with that
such as increased greenhouse gas emissions, reduced quality of life, and other social inequities.
As is currently written, SB 6 defines a “housing development project” as a development which
may include a mixed-use development consisting of residential and non-residential retail
commercial or office uses, with at least 50 percent of the new construction designated for
residential use. As such, we are concerned about our respective communities having no
discretion over whether the development project places an emphasis on actual residential units
or emphasizes mixed use. Local jurisdictions know their own communities best and should be
able to have discretion over the type of property that will work best.
Due to the concerns stated above, we must respectfully oppose Senate Bill 6.
Sincerely,
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
Sincerely,
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
June 16, 2021
The Honorable Nancy Skinner
California State Senate
State Capitol, Room 5094
Sacramento, CA 95814
Re: Senate Bill 8 (Skinner) Housing Crisis Act of 2019
Letter of Opposition with Comments from the Tri-Valley Cities
Dear Senator Skinner,
On behalf of the Tri-Valley Cities (TVC) Coalition which includes the cities of Dublin, Livermore,
Pleasanton, San Ramon, and the town of Danville, we write in respectful opposition to Senate Bill
8. This bill would extend the sunset clause of the Housing Crisis Act of 2019 (SB 330) by five
years, from 2025 to 2030, while also extending the law’s declaration of a statewide housing crisis,
and the existing law’s freeze on nearly all development-related fees once a developer submits a
“preliminary” application, amongst other items.
One of our primary concerns is the extension of the sunset date of the Housing Crisis Act and its
provisions. We feel that an extension should not be evaluated until closer to the actual sunset
date. Additionally, we are concerned about the cutoff that limits a city’s ability to levy developer
fees past when a preliminary application for development was submitted. As you know, fees help
our communities provide essential infrastructure and public services ranging from schools and
fire protection to parks and utilities, all of which are affected by increased development and
population growth. Especially amid the continued economic recovery from the COVID-19
pandemic, we cannot afford to lose out on dollars that we use to provide our residents with the
quality of life they deserve.
California continues to need more affordable housing, but the provisions in SB 8 do not properly
address this need. We are supportive of increasing affordable housing that is appropriately
scaled, fits within a community’s character, and does not dimmish the quality of life for new or
existing residents.
With our major concerns listed above, we would respectfully request that you consider the
following amendments to SB 8:
• Remove the sunset clause which would extend the Housing Crisis Act’s provisions until
2030.
• Remove the provision which prohibits local jurisdictions from amending development fees
after a preliminary development application submittal
Due to the concerns listed above, we must respectfully oppose Senate Bill 8.
ATTACHMENT B
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
Sincerely,
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
ATTACHMENT C
June 16, 2021
The Honorable Scott Wiener
California State Senate
State Capitol, Room 5100
Sacramento, CA 95814
Re: Senate Bill 10 (Wiener) Planning and zoning: housing development: density
Letter of Opposition from the Tri-Valley Cities
Dear Senator Wiener,
On behalf of the Tri-Valley Cities (TVC) Coalition which includes the cities of Dublin, Livermore,
Pleasanton, San Ramon, and the town of Danville, we write in respectful opposition to Senate Bill
10. This bill would, notwithstanding any local restrictions on adopting zoning ordinances, authorize
a local government to pass an ordinance to zone any parcel for up to 10 units of residential density
per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or
an urban infill site.
While we commend you for the opt-in nature of SB 10, as well as the removal of “jobs rich” to
increase the focus of the bill, our coalition has concerns around the provision which would allow
a voter-approved initiative against adopting zoning ordinances to be negated. While the TVC
advocates for local control, and this bill does provide it to local legislative bodies such as a city or
town council, we also recognize the importance of resident voices in local communities and the
importance of respecting their decision-making power around land use and other local issues.
As such, we would respectfully urge you to consider the following amendment to Senate Bill 10:
• Remove the provision which allows the adoption of an ordinance to zone a parcel for up
to 10 units of residential density, despite any local restriction on adopting zoning
ordinances.
Ultimately, we feel that this bill could diminish the voice of California residents and as such, we
must oppose Senate Bill 10.
Sincerely,
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
June 16, 2021
The Honorable Anthony Portantino
California State Senate
State Capitol, Room 3086
Sacramento, CA 95814
RE: Senate Bill 15 (Portantino) Housing development: incentives: rezoning of idle
retail sites
Letter of Support from the Tri-Valley Cities
Dear Senator Portantino:
On behalf of the Tri-Valley Cities (TVC) Coalition, whose members include the cities of Dublin,
Livermore, Pleasanton, San Ramon, and the town of Danville, we write to express our support
for Senate Bill 15, your measure which would provide incentives in the form of grants allocated
to local governments that rezone idle sites used for big box retailers or commercial shopping
centers to allow housing as well as mixed use development.
First, we appreciate that your bill places an emphasis on low income and moderate housing, as
the development of affordable housing is paramount to addressing the housing crisis in
California. Additionally, as local jurisdictions and the state search for ways to meet our
increasing housing demand, we appreciate your recognition of the need for local flexibility, and
the important role that state funding plays in the development of housing. We agree that now is
an opportune time to construct affordable housing on land that is currently idle, should a
jurisdiction feel it is appropriate within the context of their local community.
In enabling cities to receive from HCD the average of the annual amount of sales tax revenue
generated by the formal commercial site for the last seven (7) years, SB 15 provides a
mechanism which will surely increase affordable and moderate housing in California and will
result in stability for many hardworking Californians.
We thank you for your thoughtfulness and work on this important policy topic and are pleased to
support Senate Bill 15.
Sincerely,
ATTACHMENT D
“Small Town Atmosphere
Outstanding Quality of Life”
5 1 0 L A G O N D A W A Y, D A N V I L L E , C A L I F O R N I A 9 4 5 2 6
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3320 (925) 314-3450 (925) 314-3700 (925) 314-3400
June 8, 2021
The Honorable Laura Friedman
Chair, Assembly Committee on Transportation
1020 N. Street, Room 112
Sacramento, CA 95814
Subject: SUPPORT for Senate Bill 548 – Tri-Valley-San Joaquin Valley Regional Rail
Authority
Dear Chair Friedman:
On behalf of the Town of Danville, I write to express support for SB 548, a bill that will
expedite the project delivery for Valley Link. Valley Link is a transformational passenger rail
project that will close a critical gap by connecting the BART rapid transit system and ACE
commuter service - linking nearly 500 miles of commuter and intercity rail with more than 130
stations throughout the Northern California Megaregion. The project will meet an urgent need
to connect housing and people to high paying, prevailing wage jobs throughout the Bay Area.
More than 97,900 Bay Area workers are now commuting daily through this corridor -
commuting an average of more than 78-minutes each way. It will promote equity by serving
communities and households with some of our state's highest poverty rates - with stations in
San Joaquin County all within areas designated as disadvantaged or within or near low-
income communities. The project will provide access to jobs and job training sites but will also
create more than 22,000 jobs with an economic impact of $3.5 billion. The project's 74 daily
round trips will serve an estimated 33,000 daily riders in 2040 - a reduction of 141 million
vehicle miles traveled per year and 32,220 to 42,650 metric tons of GHG emissions. In short,
Valley Link will bring immeasurable benefit to the urgently needed, now more than ever and
we urge the advancement of efforts to expedite its delivery.
SB 548 makes needed changes to existing law with regard to the Tri-Valley-San Joaquin
Regional Rail Authority (Authority) that are consistent with many other laws governing large
public works projects and will help provide cost savings and expedite completion of the Valley
Link project. For example, the legislation designates the Authority as a rail transit district to
provide the Authority exemptions common to rail authorities in the State pertaining to
building, zoning, and related matters. Additionally, the legislation provides clarification that
will allow the Authority to choose cost effective systems operations and maintenance. In
ATTACHMENT E
June 8, 2021
Page 2
short, it will create efficiencies and keep Valley Link on track for opening service at the soonest
possible date.
We urge your support for SB 548 and this this critically needed transportation infrastructure
for our Northern California Megaregion workforce.
Sincerely,
_____________________________
RENEE S. MORGAN, MAYOR
cc: Senator Susan Talamantes Eggman, David.Stammerjohan@sen.ca.gov
Michael Tree, Tri-Valley – San Joaquin Valley Regional Rail Authority Executive Director,
mtree@valleylinkrail.com
“Small Town Atmosphere
Outstanding Quality of Life”
5 1 0 L A G O N D A W A Y, D A N V I L L E , C A L I F O R N I A 9 4 5 2 6
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-33 20 (925) 314-3450 (925) 314-3700 (925) 314-3400
May 4, 2021
The Honorable Anthony Portantino
State Capitol, Room 3086
Sacramento, CA 95814
RE: SB 612 (Portantino) – SUPPORT
Dear Senator Portantino,
The Town of Danville is pleased to submit a letter of support for your SB 612, which would
ensure that resources held in the Investor Owned Utility (IOU) portfolios are managed to
maximize value for all custo mers, and would ensure fair and equal access to the benefits of these
legacy resources.
Over the last ten years, millions of utility customers have transitioned from IOUs to Community
Choice Aggregators (CCAs). MCE launched in 2010 and serves over one mill ion people in 36
communities across Napa, Solano, Marin, and Contra Costa Counties. MCE has committed to
over $1.6 billion to build over 670 megawatts of new California renewable energy projects with
an additional 35 megawatts in its footprint. MCE has sup ported the creation of over 5,000 jobs
and invested over $180 million back into its service area. The Town of Danville is a proud
member of MCE, with most residential, commercial, and municipal customers receiving 90%
carbon free energy.
When a customer transitions to a CCA, the customer continues to pay for resources, like energy,
that were procured on their behalf through the power charge indifference adjustment (PCIA).
However, unlike an IOU customer, CCA customers receive no benefits from these resource s.
This inequity has been exacerbated in recent years as the cost of this payment has risen by
hundreds of millions of dollars, with no sign of decreasing. The impacts of COVID -19 have made
the importance of righting this inequity and lowering costs for al l customers even more urgent.
This bill would ensure fair and equal access to the benefits of the resources that all customers
pay for and would ensure that these legacy contracts are managed in a way that maximizes
benefits for everyone. The bill would also require the California Public Utilities Commission
(CPUC) to recognize the value of GHG-free energy in legacy contracts, and would increase
transparency around how the IOUs renegotiate these contracts. However, time is of the essence.
ATTACHMENT F
May 4, 2021
Page 2
The longer the legislature takes to act, the less valuable these legacy contracts will be, and the
less value customers will gain from access to them.
That is why we strongly support this bill, and thank you for moving forward with this important
legislation.
Sincerely,
_____________________________
RENEE S. MORGAN, MAYOR
cc: Senator Steven Glazer, George.Escutia@sen.ga.gov
Assemblymember Rebecca Bauer-Kahan, John.Skoglund@asm.ca.gov
Sam Caygill, East Bay Division, League of California Cities, scaygill@cacities.org
“Small Town Atmosphere
Outstanding Quality of Life”
5 1 0 L A G O N D A W A Y, D A N V I L L E , C A L I F O R N I A 9 4 5 2 6
Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation
(925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-33 20 (925) 314-3450 (925) 314-3700 (925) 314-3400
May 4, 2021
The Honorable Ben Allen
Chair, Senate Environmental Quality Committee
State Capitol Building, Room 2205
Sacramento, CA 95814
RE: SB 619 (Laird) Organic Waste: Reduction Regulations
Notice of SUPPORT IN CONCEPT (As Amended 3/10/21)
Dear Senator Allen,
The Town of Danville would like to express our strong Support in Concept for SB 619 (Laird),
which would help local governments implement SB 1383 (Lara, 2016) and the subsequent
CalRecycle regulations.
Over the past several years, CalRecycle has been developing sweeping regulations to implement
statewide organic waste diversion goals set forth in SB 1383 by Sena tor Lara in 2016
(Regulations). SB 619 seeks to help local governments implement SB 1383 by allowing for
additional time and flexibility to comply with the regulations.
Currently, local governments have until January 1, 2022 to implement the sweeping
requirements outlined in the Regulations. Additional time and flexibility to comply with the
Regulations is needed to take into account when the Regulations were finalized, the outbreak of
COVID-19, and the effects these Regulations will have on city residents and businesses.
Although the Regulations had been in development for several years, they were not finalized
until November 2020, only giving local governments thirteen months to fully implement various
facets of the Regulations.
The timelines contemplated in SB 1383 and the Regulations also do not take into account the
COVID-19 pandemic and the associated shifting of city staff and resources to protect public
health and safety. Cities have been on the front lines helping ensure that our residents are safe
and critical city operations remain operational.
Lastly, given that the Regulations do not have a source of state funding to implement, the burden
of paying for the costs associated with implementing the program will fall to our residents and
our businesses. With all of the economic hardships facing cities, residents, and businesses, more
ATTACHMENT G
May 4, 2021
Page 2
time and flexibly implementing the Regulations will be needed to soften the blow of increased
solid waste rates.
Cities and towns like ours are working diligently to implement SB 1383 and are committed to
fully implementing the program. However, given the reasons outlined above, additional time
and flexibility is needed in order to avoid our serious challenges.
We acknowledge that this legislation is a work in progress. However, cities and towns want to
see this legislation move forward to continue the discussions with legislators and all
stakeholders to see what solutions can be reached. We applaud Senator Laird for all of his efforts
to help local governments get the additional time and flexibility we need to meet the state's
ambitious climate and emissions reduction goals.
For these reasons, the Town of Danville Supports SB 619 in Concept and urges you to vote
“AYE” on the bill to continue to move this legislation forward to further the discussion on this
important issue to cities, towns , and their residents.
Sincerely,
_____________________________
RENEE S. MORGAN, MAYOR
cc: Senator Steven Glazer, George.Escutia@sen.ga.gov
Assemblymember Rebecca Bauer-Kahan, John.Skoglund@asm.ca.gov
Sam Caygill, East Bay Division, League of California Cities , scaygill@cacities.org
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
May 17, 2021
The Honorable Steve Glazer
California State Senate
State Capitol, Room 5108
Sacramento, CA 95814
Re: Senate Bill 792 (Glazer) Sales and use tax: retailers: reporting
Letter of Support with Clarification from the Tri-Valley Cities
Dear Senator Glazer,
On behalf of the Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of
Danville, we write in support of Senate Bill 792, your measure which would require specified
retailers to track and report to the California Department of Tax and Fee Administration
(CDTFA) the city or ZIP code where the purchaser resides for its online sales.
As you know, our respective municipalities have succumbed to significant revenue losses over
the course of the COVID-19 pandemic. Additionally, we have incurred new programmatic costs
for services to our local communities in an effort to aid recovery from the pandemic. With revenue
at new lows and costs at new heights, we are in desperate need of any mechanisms which can
produce additional dollars for our local communities.
Current tax law has created an environment that puts the power to allocate local sales tax into
the hands of online retailers. These retailers can choose to allocate any and all sales tax revenues
to a specific location within the state- be that a warehouse, distribution or sales center. Senate
Bill 792 requires a retailer, using the standard definition in Sales and Use Tax Law, whose annual
sales of tangible personal property transacted online exceeded $1 million in the previous calendar
year to track and report to CDTFA the city or ZIP code where the purchaser resides for each sale
within the state that is transacted online. This is a critical first step in the process of online sales
tax reform, which will shine light on a major and growing problem in California local finance.
While we are supportive of this important piece of legislation, we would respectfully request your
office consider the following amendment:
• Require the definition of the purchaser’s “ZIP code” to include the last 4-digits as well. As
you know, ZIP codes can often run across city boundaries into multiple jurisdictions.
Adding the last 4-digits will ensure accuracy as it relates to the location of an online
purchase.
We thank you for bringing this critical measure forward, we are pleased to support the bill, and
again respectfully request that the above amendment is incorporated in the bill’s language.
ATTACHMENT H
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
Sincerely,
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
June 7, 2021
The Honorable Gavin Newsom
Governor of California
State Capitol, First Floor
Sacramento, CA 95814
Re: Support for Tesla Park Preservation (Assembly Bill 1512 and Senate Bill 799)
Letter from the Tri-Valley Cities Coalition
Dear Governor Newsom:
On behalf of the Tri-Valley Cities of Livermore, Pleasanton, Dublin, San Ramon, and the Town of
Danville, we write to respectfully request your support of the legislative efforts, via AB 1512
(Bauer-Kahan) and SB 799 (Glazer), to permanently preserve the approximate 3,100-acre Tesla
Park land in eastern Alameda County as a non-motorized nature and cultural preserve and
transfer $9 Million to State Parks Off-Highway Motor Vehicle Division. The local Altamont Landfill
Open Space (ALOS) Committee in Alameda County has committed to providing the funds so that
no State funds are needed.
The reasons to permanently preserve Tesla Park (Alameda-Tesla expansion area) are numerous
and irrefutable. Tesla Park is the exemplar model of a biologically diverse, culturally significant
intact native landscape. The State at every level has a duty to protect this land as a public trust
and legacy for future generations.
As top UC professors have stated, allowing Tesla Park to be converted to motorized
recreation, would be “one of the worst public land stewardship decisions that could be
made in California in terms of biodiversity and public health.”
The recent court ruling in favor of the County of Alameda striking down the most recent
environmental impact report and general plan attempt by the State Parks Off Highway Motor
Vehicle Recreation (OHMVR) Division to obtain CEQA approval to open Tesla Park to off-highway
vehicle recreation provides the opportunity to finally resolve this 20-plus year controversy. Local
mitigation funds are available to pay State Parks to preserve Tesla Park. Now the State and the
County, cities within the County and local agencies must work together to permanently preserve
all of Tesla Park for conservation purposes.
Permanent preservation of Tesla Park with no motorized recreation is a top conservation priority
for our region. In addition to local governments and officials - renowned university professors and
scientists, Native American leaders, ranchers, conservation and preservation groups, and the
overwhelming majority of the community, have long said that Tesla Park must be protected given
its extraordinary natural and cultural resource values.
Tesla Park is a biodiversity hotspot. Tesla Park has a multitude of threatened, endangered and
special status plants and wildlife, and sensitive vegetation habitats. Tesla Park is the choke point
of a critical linkage habitat corridor connecting Mount Diablo and northern Diablo Range which
would be cut off if opened to OHV recreation. A recent study by UC Berkeley scientists identified
ATTACHMENT I
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
the northern Diablo Range area where Tesla Park is located as a top conservation priority area
for the entire state given climate change impacts on species and habitats.
Local agencies have local mitigation funds available through the Altamont Landfill Open
Space (ALOS) Committee and ALOS Fund to pay State Parks and the OHMVR Division to
permanently preserve Tesla Park. This can be accomplished through a permanent
conservation easement with the Tesla Park land remaining state park land or purchase by
a local conservation or park agency, as you chose.
Working with us to redesignate Tesla Park for conservation and non-motorized recreation is the
“Win-Win”. It supports your objective to preserve 30% of state lands to advance biodiversity
protection by 2030. It achieves state and local policy goals to protect exceptional natural
resources vital for providing climate change resiliency and to fight climate change by reducing air
pollution and greenhouse gas emissions. It resolves a longstanding controversy that wastes
public funds. It increases access to nature for the largest segment of the population, including
underserved urban youth, while protecting nature. It provides funds to the State Parks Department
and OHMVR Division to use in other areas that are suitable for damaging OHV recreation.
We ask that you support the legislative efforts presented by Assembly Member Rebecca Bauer
Kahan and Senator Steve Glazer, including AB 1512 and SB 799, and respectfully urge your
Administration to work with local representatives to use local mitigation funds to permanently
preserve Tesla Park.
Thank you for your consideration and we respectfully urge you to support this critical conservation
priority for our region and the State.
Sincerely,
Cc: Assembly Member Rebecca Bauer-Kahan
Senator Steve Glazer
Assembly Speaker Anthony Rendon
Senate ProTem Toni Atkins
Wade Crowfoot, Secretary California Natural Resources Agency
Armando Quintero, Director California Parks Department
Jennifer Norris, Deputy Secretary Biodiversity, CNRA
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
June 4, 2021
The Honorable Gavin Newsom
Governor of California
State Capitol, First Floor
Sacramento, CA 95814
The Honorable Nancy Skinner The Honorable Phil Ting
Chair, Senate Budget Committee Chair, Assembly Budget Committee
State Capitol, Room 5019 State Capitol, Room 6026
Sacramento, CA 95814 Sacramento, CA 95814
Re: Comment Letter from the Tri-Valley Cities on the May Revise and Budget
Priorities of the Senate and Assembly
Dear Governor Newsom, Senator Skinner, and Assembly Member Ting:
On behalf of the Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town
of Danville, we want to express our gratitude to the three of you and your respective staff pertaining
to the May Revise and budget priorities of the Senate and Assembly. These various proposals
embrace the once-a-generation opportunity for California to make bold transformative progress as
the economy rebounds from the COVID-19 crisis while at the same time focusing in on some long-
term challenge’s cities have been facing.
We are proud that our values and priorities are aligned as many of these budget proposals will
support current efforts in our respective communities as it relates to homeless aid, affordable
housing, small business support, infrastructure, emergency preparedness, and other programs.
We are respectfully requesting some alterations to the May Revise proposal to reflect what the
Senate and Assembly have put forward which includes funding allocations such as homelessness
dollars to California Cities. Below are our additional comments and we look forward to our
continued partnership.
1. Small Business Support/Local Support
We are supportive of the proposal that includes $1.5 billion one-time federal ARPA funds
for the California Small Business COVID-19 Relief Grant Program.
We would also request that the Legislature and Administration consider additional funding
to support local governments. While we are immensely grateful for the federal dollars, we
are receiving from ARPA, they do not make up for our large local revenue los ses and
budget deficits. Additionally, in order to help our respective communities through the
COVID-19 pandemic, we took on new programmatic expenses, which are expected to be
ongoing costs to our jurisdictions. As such, we respectfully urge you to consider additional
funding to local governments in the budget.
ATTACHMENT J
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
2. Housing and Homelessness
We are supportive of ongoing fiscal commitments to house Californian’s, especially our
homeless population. We support the proposal of the Homeless Coordinating and
Financing Council (HCFC) to partner with local governments to address critical
encampments and transitioning individuals into permanent housing.
However, we respectfully request that the budget include flexible homelessness funding for
local governments of all sizes to address their unique needs. Direct access to funding is
critical to meeting the unique needs of each community and to continue building upon the
State funding HEAP and HAAP. For example, the Tri-Valley Cities of Dublin, Livermore
and Pleasanton pooled their HEAP allocation to build capacity of a local non-profit who
meets the needs of people in crisis. The HEAP funding was instrumental in developing
much needed social service infrastructure and services that did not previously exist. The
three cities requested and did not receive any of the HAAP funding to sustain the work
already accomplished. This has left the non-profit and the Cities to try to fill the funding
gap through fund raising and City Grants during COVID-19 when finances are
constrained. It is important to understand that Cities and Towns have often very different
objectives than Counties as each have different roles to fulfill in serving our residents.
Cities and Towns need access to funding that will quickly and directly impact homelessness
in our communities. As demonstrated through this example, the Tri-valley Cities of Dublin,
Livermore, Pleasanton, San Ramon, and the Town of Danville (existing in both Alameda
and Contra Costa County) request that their respective communities be eligible to access
this proposed homelessness funding to serve their communities.
We also support $1.75 billion in one-time federal ARPA funds to fund HCD affordable
housing projects. This will help more than 6,300 units of shovel-ready affordable housing
move forward quickly rather than accumulating costs while waiting for a potential future
tax credit. We respectfully request the state provide additional financing mechanisms for
low income and extremely low-income housing development projects.
3. Natural Resources/Emergency Response
We support the May Revision proposal that includes a Wildfire and Forest Resilience
Expenditure Plan and the Climate Resilience Package. As it relates to wildfire pr otection,
it is very important to our communities in Alameda and Contra Costa County who are
vulnerable to fire disaster, power shutoffs, and other emergencies and disasters.
4. Transportation/Infrastructure
We support the proposal of $1 billion for statewide transit and rail projects.
Specifically, we respectfully urge the Legislature to consider appropriating the dollars into
existing programs that the Valley-Link Rail Project would be eligible for.
Tri-Valley Cities
DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON
We also support the $7 billion investment over three years to expand broadband infrastructure,
increase affordability, and enhance access to broadband for all Californians.
We thank you all for your dedicated work on this year’s state budget. We are pleased to support
the above items, and respectfully request that you consider our suggestions as it relates to refining
some budget proposals.
Sincerely,
Cc: Senator Steven Glazer
Assemblymember Rebecca Bauer-Kahan
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383
Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555
Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215
Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215
Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030
M E M O R A N D U M
To: Diane Friedmann, Assistant to the Town Manager, Town of Danville
From: Niccolo De Luca, Senior Director, Townsend Public Affairs, Inc.
Alex Gibbs, Senior Associate, Townsend Public Affairs, Inc.
Andres Ramirez, Associate, Townsend Public Affairs, Inc.
Date: June 15, 2020
Subject: Danville Funding Advocacy Memo, June 2021
Grant Program: CA Natural Resources Agency Trails and Greenways Grant Program
Deadline: September 15, 2019
Project: San Ramon Valley Creek Footbridge
Staff Contact: Andrew Dillard
Request Amount: $642,335
Award Date: Unsuccessful
Grant Program: Public Safety Power Shutoff (PSPS) Grant Program
Deadline: December 12, 2019
Project: Danville Emergency Preparation Supplies
Staff Contact: Jeff Hebel
Request Amount: $194,020
Award Date: Unsuccessful
ATTACHMENT K
Page 2 of 6
Grant Program: California Department of Housing and Community Development (HCD)
SB 2 Planning Grant Program
Deadline: December 20, 2019
Project: Danville Preapproved Design/Site Plans
Staff Contact: Tai Williams
Request Amount: $160,000
Award Date: Awarded
Grant Program: California Department of Parks and Recreation (DPR) Recreational
Trails Program
Deadline: February 3, 2020
Project: San Ramon Valley Creek Footbridge
Staff Contact: Andrew Dillard
Request Amount: $640,335
Award Date: Unsuccessful
Grant Program: California Arts Council: Innovations & Intersections Grant
Deadline: May 1, 2020
Project: Danville Town Green Art Installation
Staff Contact: Marija Bleier
Request Amount: $200,000
Award Date: Unsuccessful
Grant Program: California Natural Resources Agency (CNRA) Prop 68 Urban Flood
Protection Program
Deadline: June 15, 2020
Project: Danville Trash Rack Improvement Project
Staff Contact: Steven Jones
Request Amount: $394,328
Award Date: January 2022
Page 3 of 6
Grant Program Local Early Action Planning (LEAP)
Deadline: July 1, 2020
Project: EIR Consultant for 2022-2030 Housing Element
Request Amount $150,000
Award Date Awarded
Grant Program: Department of Justice (DOJ) Tobacco Grant
Deadline: August 7, 2020
Project: Danville Anti Youth Vaping Project
Staff Contact: Lauren Brown
Request Amount: $50,648
Award Date: Unsuccessful
Grant Program: FEMA COVID-19 Emergency Funding
Deadline: Ongoing
Project: March/April 2020 COVID-19 PPE Funding
Staff Contact: Lani Ha
Request Amount: $34,048.48
Award Date: Awarded
Grant Program: California Department of Transportation (CalTrans) Active
Transportation Grant Program (ATP) Cycle 5
Deadline: September 15, 2020
Project: Diablo Trail Project
Staff Contact: Andrew Dillard
Request Amount: $1,807,000
Award Date: Unsuccessful
Page 4 of 6
Grant Program: California Department of Transportation (CalTrans) Active
Transportation Grant Program (ATP) Cycle 5
Deadline: September 15, 2020
Project: Cameo Drive Pedestrian Safety Improvements Projects
Staff Contact: Andrew Dillard
Request Amount: $849,000,
Award Date: Unsuccessful
Grant Program: Metropolitan Transportation Commission (MTC) Regional Active
Transportation Grant Program (ATP) Cycle 5
Deadline: September 15, 2020
Project: Diablo Trail Project
Staff Contact: Andrew Dillard
Request Amount: $1,807,000
Award Date: Unsuccessful
Grant Program: Metropolitan Transportation Commission (MTC) Regional Active
Transportation Grant Program (ATP) Cycle 5
Deadline: September 15, 2020
Project: Cameo Drive Pedestrian Safety Improvements Projects
Staff Contact: Andrew Dillard
Request Amount: $849,000,
Award Date: Unsuccessful
Grant Program: CalTrans: Highway Safety Improvement Program (HSIP)
Deadline: November 2, 2020
Project: Diablo Trail Project
Staff Contact: Andrew Dillard
Request Amount: $1,807,000
Award Date: Unsuccessful
Page 5 of 6
Grant Program: CalTrans: Highway Safety Improvement Program (HSIP)
Deadline: November 2, 2020
Project: Townwide Crossing Pedestrian Improvements
Staff Contact: Andrew Dillard
Request Amount: $240,000
Award Date: Awarded
Grant Program: CalRecycle Rubberized Pavement Grant Program
Deadline: February 22, 2021
Project: Danville Rubberized Pavement Chipseal Project
Staff Contact: Bob Russel
Request Amount: $200,000
Award Date: Awarded
Grant Program: Department of Parks and Recreation: Prop 68 Per Capita Program
Deadline: Ongoing
Project: Diablo Vista Synthetic Turf Replacement Project
Staff Contact: Dave Casteel
Request Amount: $205,620
Award Date: Pending
Federal Budget Earmark Requests
Legislator: Congressmember Mark DeSaulnier
Deadline: April 5, 2021
Project: Diablo Trail Project
Staff Contact: Andrew Dillard
Request Amount: $3,000,000
Page 6 of 6
Budget Bill Inclusion: Unsuccessful
Legislator: Congressmember Mark DeSaulnier
Deadline: April 5, 2021
Project: Townwide Traffic Signal Improvement
Staff Contact: Andrew Dillard
Request Amount: $1,000,000
Budget Bill Inclusion: Included
Legislator: Congressmember Mark DeSaulnier
Deadline: April 5, 2021
Project: Iron Horse Trail Bridge, Nature Park and Pedestrian Safety Project
Staff Contact: Andrew Dillard
Request Amount: $350,000
Budget Bill Inclusion: Included
Total Grant Funds Secured: $784,048.48
Total Federal Budget Earmarks Included in Legislation: $1,350,000