BILL ANALYSIS Ó
AB 1260
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 1260
(Thurmond) - As Amended March 26, 2015
SUBJECT: Joint Exercise of Powers Act.
SUMMARY: Allows the University of California and the City of
Richmond, and any other public agency, to enter into a joint
powers agreement focusing on the development of a Berkeley
Global Campus. Specifically, this bill:
1)Allows, notwithstanding any other law, the University of
California and the City of Richmond, and any other public
agency, to enter into a joint powers agreement (JPA) for the
purpose of collaboration on the development of a Berkeley
Global Campus at Richmond Bay, located within the City of
Richmond, to be a new research and action hub with a focus on
global issues, culture, and collaboration.
2)Requires the agreement between the University of California
and the City of Richmond, and any other public agency pursuant
to 1), above, to state the purpose of the agreement or the
power to be exercised, and may include any of the following:
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a) A voluntary local-hire goal, to be based on the
University of California, San Francisco, local-hire model,
for all construction and infrastructure improvements,
taking into consideration local-hire practices within the
City of Richmond;
b) Development of strategies that assist all small
businesses, including, but not limited to, small businesses
with a high-level of participation by women, minorities,
and veterans, to respond more effectively to available
contract opportunities for the development of the proposed
Berkeley Global Campus at Richmond Bay;
c) A requirement for third-party developers to pay
prevailing wages for construction contracts and meet the
local-hire goals of the University of California, Berkeley,
on buildings that will be substantially occupied by the
University of California, Berkeley;
d) Development of best practices for proactive outreach and
marketing of procurement and employment opportunities for
the residents of the City of Richmond at the proposed
Berkeley Global Campus at Richmond Bay;
e) Development of strategies to work with community
organizations, small business development programs, and
workforce training programs to assist the residents of the
City of Richmond to respond effectively to opportunities at
University of California campuses and at the proposed
Berkeley Global Campus at Richmond Bay; and,
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f) Collaboration with the Department of Employment and
Training of the City of Richmond to access contact and
work-readiness information for qualified trades workers and
apprentices located within the City of Richmond.
3)Provides that the Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of
the California Constitution because of the unique
circumstances of developing the Berkeley Global Campus at
Richmond Bay, located within the City of Richmond.
EXISTING LAW allows, pursuant to the Joint Exercise of Powers
Act, two or more public agencies by agreement to jointly
exercise any power common to the contracting parties, as
specified, if authorized by their legislative or other governing
bodies.
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
1)Bill Summary. This bill allows the University of California
and the City of Richmond, and any other public agency, to
enter into a JPA for the purpose of collaboration on the
development of a Berkeley Global Campus at Richmond Bay. If a
JPA is formed, the bill requires the agreement to state the
purpose of the agreement or the power to be exercised, and
includes a number of issues that can be addressed in the
agreement.
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This bill is author-sponsored.
2)Author's Statement. According to the author, "The intention
of this bill is to facilitate a partnership between the City
of Richmond and UC Berkeley in regards to Berkeley's Global
Campus. The author's office is in the middle of ongoing
discussions with the UC, the City
of Richmond and AFSCME in order to flesh out the best approach.
The current version of the bill speaks to the unique situation
of the Global Campus in terms of the needs of the City and the
ability of the UC to partner with the City on infrastructure
and financing. The bill is working toward providing an
efficient public financing mechanism to fund the shared,
critical infrastructure required for development of the
University of California at Berkeley Global Campus and the
complimentary City of Richmond South Shoreline Specific Plan
Area. Common infrastructure constraints include, for example,
access to water and sanitary sewerage utilities. These issues
can most effectively be overcome through a highly integrated
infrastructure financing plan and a public financing mechanism
that allows for the sharing of infrastructure costs. There
are on-going discussions with the author's office, UC
Berkeley, the City of Richmond, and AFSCME on the direction of
the bill. The goal is to have every stakeholder at the table
and reach consensus where everyone can benefit from the
establishment of the global campus."
3)Joint Exercise of Powers Act. JPAs have existed in California
for nearly 100 years, and were originally created to allow
multiple local governments in a region to pool resources to
meet common needs. The Act authorizes state and local
agencies to create and use a joint powers agreement, which is
a legal document that allows the contracting parties to
exercise powers that are common to all of the contracting
parties. A joint powers agreement can be administered by one
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of the contracting agencies, or it can be carried out by a
new, separate public entity. Joint powers agreements are an
attractive tool for local governments because they facilitate
more efficient service provision through collaboration, and
they allow local entities to issue bonds without voter
ratification. Current law authorizes JPAs to jointly exercise
any power common to the contracting parties, if authorized by
their legislative or governing body.
4)Policy Consideration. State and local agencies are already
authorized to create and use a JPA, following the provisions
of the Joint Exercise of Powers Act. In this case, UC
Berkeley and the City of Richmond could agree to form a JPA
and do so without statutory authority, calling into question
the need for the bill.
5)Arguments in Support. None on file.
6)Arguments in Opposition. None on file.
7)Double-Referral. This bill is double-referred to the Higher
Education Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
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Opposition
None on file
Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958