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HomeMy WebLinkAboutAgenda_Intergovernmental Affairs Subcommittee_05.04.2021Notice of Meeting for the I ntergov ernmental Affairs Subcommittee of the City Council of the City of Georgetown May 4, 2021 at 10:30 AM at Virtual T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay Texas at 711. Co nsistent with G o verno r Greg Abbo tt’s suspensio n o f vario us pro visio ns o f the O pen Meetings A ct, effective August 1, 2020 and until further no tice, to reduce the chance o f C O V I D-19 transmissio n, all City o f G eo rgeto wn A dviso ry Bo ard meetings will be held virtually. P ublic co mment will be allo wed via teleco nference; no o ne will be allo wed to appear in perso n. 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The same me thod can be used to raise your hand in a Zoom me eting on a mobile de vice , simply tap "Raise H and" at the bottom left cor ne r of the scr ee n. The hand ic on will turn blue and the text below it will switc h to say "L ower H and" while your hand is r aised. Use of pr ofanity, thr eate ning language, slande rous r emarks or thr eats of harm are not allowed and will re sult in you be ing imme diately re moved fr om the mee ting. Regular Session (T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose authorized by the O pen Meetings Act, Texas G overnment C ode 551.) A C all to O rder --Mayra C antu, Management Analyst B R oll C all --Mayra C antu, Management Analys t Page 2 of 20 C C ons ideration and approval of the minutes for the Intergovernmental R elations S ubcommittee of the C ity C ounc il for the meeting held on Tues day, April 6, 2021 --S hirley J. R inn, Executive As s is tant to the C ity Manager D P resentation and Dis cus s ion R egarding the 87th S ession of the Texas S tate Legis lature - S napper C arr, F oc used Advocac y Adjournment Adjourn Ce rtificate of Posting I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at __________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said meeting. __________________________________ R obyn Dens more, C ity S ec retary Page 3 of 20 City of Georgetown, Texas I ntergovernmental Affairs Subcommittee May 4, 2021 S UB J E C T: C onsideration and approval of the minutes for the Intergovernmental R elations S ubc ommittee of the C ity C ouncil for the meeting held on Tuesday, April 6, 2021 --S hirley J. R inn, Exec utive Assistant to the C ity Manager IT E M S UMMARY: AT TAC HME N T S : 1. Draft Minutes for the Meeting held on Tues day, April 6, 2021. F IN AN C IAL IMPAC T: None S UB MIT T E D B Y: S hirley J. R inn, Executive As s is tant to the C ity Manager AT TAC H ME N T S: Description Type DRAFT Minutes Backup Material Page 4 of 20 Intergovernmental Affairs Subcommittee Minutes – April 6, 2021 Page 1 of 2 Minutes for Meeting for the Intergovernmental Affairs Subcommittee of the City of Georgetown April 6, 2021 at 9:00 AM at Virtual The Intergovernmental Affairs Subcommittee of the City of Georgetown met on Tuesday, April 6, 2021 at 9:06 a.m. Members Present: Josh Schroeder, Mayor, Steve Fought, Councilmember, District 4, Rachael Jonrowe, Councilmember, District 6 Members Absent: Staff Present: David Morgan, City Manager, Mayra Cantu, Management Analyst, Karen Frost, Assistant City Secretary, Shirley Rinn, Executive Assistant to the City Manager MINUTES Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Roll Call --Mayra Cantu, Management Analyst All members were present. B Call to Order --Mayra Cantu, Management Analyst Meeting was called to order at 9:06 a.m. C Presentation and Discussion Regarding the 87th Session of the Texas State Legislature - Snapper Carr, Focused Advocacy Snapper provided an overview of the legislative bills that are being considered by the Texas Legislature and the impacts of those bills should they be approved. Presentation attached. Discussion regarding HB 2092 sponsored by Scott Sanford. Support in legislature has gained support move all elections to November to make them partisan. As a standalone bill not much chance of passing, but it is very partisan. If it is included as part SB 7 or HB 6 there may be a better chance for it to pass. Actively submitting letters to our legislative ambassadors to encourage participation in legislative process. Page 5 of 20 Intergovernmental Affairs Subcommittee Minutes – April 6, 2021 Page 2 of 2 Morgan told committee that last minute Shot Clock legislation is being presented today that will make the process worse than it currently is and encouraging legislature to make changes to the bill that will improve the development process to be more efficient. Discussion regarding the difficulty for the public and elected officials to participate in public hearings at because of the way that the legislature has been conducting its hearings. Mayor Schroeder would like to see the proposed changes to the shot clock legislation. Discussion regarding whether or not a city can get an exemption to follow the shot clock law and explain reasons why. Per Snapper we should consult with City Attorney regarding the shot clock process. Find a way to bless local development community and municipalities to the ability to conduct its business if both agree to the process. Per Snapper they are trying to get that type of language into the legislation. Adjournment Motion to Adjourn by Rachael Jonrowe. Meeting was adjourned 9:54 a.m. Page 6 of 20 City of Georgetown, Texas I ntergovernmental Affairs Subcommittee May 4, 2021 S UB J E C T: P res entation and Disc ussion R egarding the 87th S es s ion of the Texas S tate Legislature - S napper C arr, F ocus ed Advoc acy IT E M S UMMARY: During the Intergovernmental R elations S ubcommittee meeting, the C ity of G eorgetown legislative cons ultants will provide an update on the 87th Texas Legislative S es s ion. T he update will include: G overnor Abbott’s emergency items S tate Budget House/S enate C ommittee Assignments S ummary of bills filed-to-date that are relevant to the C ity of G eorgetown F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: S hirley R inn on behalf of Mayra C antu, Management Analys t AT TAC H ME N T S: Description Type Focus ed Advocacy Presentation Backup Material Page 7 of 20 INTERGOVERNMENTAL AFFAIRS SUBCOMMITTEE MAY 4, 2021 Page 8 of 20 LEGISLATIVE DATES OF INTEREST 2 House and Senate Calendar Deadlines •May 13th: last day for House to consider 2nd reading HBs / HJRs on daily calendar or supplemental calendars •May 14th: last day for House to consider consent HBs on local and consent calendar on 2nd and 3rd reading and all 3rd reading HBs / HJRs on supplemental calendar •May 21st: last day for House to consider local HBs on local and consent calendar on 2nd and 3rd reading; first day Senate can consider bills and resolutions the first day they are posted on Notice of Intent •May 25th: last day for House to consider 2nd reading SBs / SJRs on daily or supplemental calendars •May 26th: last day for House to consider local and consent SBs on 2nd and 3rd reading and all 3rd reading SBs / SJRs on supplemental calendar; last day for Senate to consider all bills and JRs on 2nd or 3rd reading •May 30th: last day for House to adopt CCRs or discharge House conferees and concur in Senate amendments; last day for Senate to concur in House amendments or adopt CCRs •May 31st: last day of 87th regular session (sine die) •June 20th: last day for Governor to sign or veto Special Session(s)? •July 2021: Medicaid funding and federal funds •September 2021: redistricting •Unknown on whether there will be a special session to address electric policy Page 9 of 20 3 Customer Interface Financial Reliability ERCOT & PUC Reform •SB 3 (Schwertner) •HB 12 (Raymond) •HB 17 (Deshotel) •SB 1757 (Hancock) •HB 3544 (Holland) •HB 4492 (Paddie) •SB 2227 (Hughes) •SB 3 (Schwertner) •SB 398 (Menendez) •SB 1271 (Schwertner) •SB 1278 (Hancock) •SB 1280 (Hancock) •SB 1682 (Hancock) •HB 11 (Paddie) •HB 2000 (Huberty) •SB 2109 (Schwertner) •HB 3749 (Lucio) •HB 4466 (P. King) •SB 2 (Hancock) •SB 1750 (Hancock) •HB 10 (Paddie) •HB 13 (Paddie) MOU ISSUES Page 10 of 20 POWER GRID STABILITY SB 3 (Schwertner) •Relating to preparing for, preventing, and responding to weather emergencies and power outages; increasing the amount of administrative and civil penalties •Provisions were added in the Senate which require municipal water systems to have back up generation •Unfunded mandate that if passed, will cost municipalities $100M+ •Scheduled for hearing in House Committee on State Affairs on Thursday, May 6 4 Page 11 of 20 COMMUNITY CENSORSHIP •SB 10 (Bettencourt) –Prohibits political subdivisions from spending public funds to advocate before the legislature –Applies only to cities and counties –Passed the Senate; not yet scheduled for hearing in House Committee on State Affairs (Georgetown submitted written testimony for the Senate hearing) •HB 749 (Middleton) –Prohibit political subdivisions from spending public funds to advocate before the legislature –Prohibit political subdivisions from joining associations that employ lobbyists, or employ in-house, salaried staff whose job is to monitor legislation –Applies to cities, counties, school districts, public hospital boards, community colleges, ESDs, special districts, and regional economic development coalitions –Left pending in House Committee on State Affairs 3/26/21 5 Page 12 of 20 DEBT FINANCING HB 1869 (Burrows) •Would modify the definition of “debt” for purposes of the debt service property tax rate calculation to only include debt approved at an election •If passed, debt obligations like certificates of obligation, time warrants, anticipation notes, and lease-purchase agreements would have to be financed through a city’s maintenance and operations tax rate if payable solely through property tax revenue •Language was originally included in SB 2 last session but then stripped out •Set on House Calendar 5/3/21 (Georgetown submitted written testimony in opposition) 6 Page 13 of 20 BUILDING MATERIALS SB 1090 (Buckingham) •Would allow a city to impose an ordinance regarding building products, materials, or methods used in the construction or renovation of a residential or commercial building to the extent it regulates outdoor lighting that is adopted for the purpose of reducing light pollution, and is adopted by a city that is a Dark Sky Community. •Left pending in Senate Committee on Business & Commerce SB 1881 (Buckingham) •would allow a governmental entity to impose a regulation regarding the use of a building production, material or standard in relation to a building located in an area designated as an entry corridor for development, restoration, or preservation •Has not received a hearing SB 1882 (Buckingham) •would provide that the prohibition on city regulation of building products, materials, or methods passed by H.B. 2439 in 2019 does not apply to a city with a population of more than 3,375 and less than 3,420 •Has not received a hearing HB 233 (Murr) •would provide that the prohibition on city regulation of building products, materials, or methods passed by H.B. 2439 in 2019 does not apply to a city with a population of less than 25,000. •Has not received a hearing 7 Page 14 of 20 SALES TAX SOURCING HB 4072 (Meyer) •For purposes of city sales and use taxes, all sales of taxable items are consummated at the location in the state to which the item is shipped or delivered or at which possession is taken by the purchaser •Voted favorably as substituted from House Committee on Ways & Means 8 Page 15 of 20 LAND DEVELOPMENT APPLICATIONS HB 4447 (Oliverson) •Prohibit a municipal planning commission or the governing body of the municipality from requiring a person to submit or obtain approval of a required planning document or fulfill any other prerequisites or conditions before the person files a copy of the plan or plat with the municipal planning commission or governing body •Allow a municipal planning commission or the governing body of the municipality to approve a plan or plat on the condition that the applicant must also submit or obtain approval of certain required planning documents after the plat application is filed •Require that, if the municipal planning commission or the governing body of the municipality conditionally approves a plan or plat, the municipality’s approval process for each individual required planning document shall be subject to the same procedures and timelines as those prescribed for certain other plans or plats (except that an individual required planning document may not be conditionally approved •In certain circumstances, require a city to establish a bifurcated approval procedure, including a phased approach to the approval of a preliminary plan or plat and a final plan or plat, and allow an applicant to opt-in to the bifurcated approval procedure •Pending in House Committee on Land & Resource management (Georgetown submitted written testimony on the bill) 9 Page 16 of 20 LAND DEVELOPMENT APPLICATIONS HB 4121 (Oliverson) •Require a political subdivision to approve, approve with conditions, or disapprove a land development application within 30 days after the date the land development application is filed •Define the term “land development application” broadly to include an application for a subdivision development plan, subdivision development, construction of subdivision improvements, site plan development, development of on-site or off- site improvements, and any endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor •Provide various circumstances in which a court could award a person court costs and attorney’s fees against a city and a city officer. •Pending in House Committee on Land & Resource management (Georgetown submitted written testimony against the bill) 10 Page 17 of 20 RELEASE OF ETJ HB 3519 (Deshotel) •Allow a resident of an ETJ with a population of less than 200 to file a petition for the area to be released if the area has been in the ETJ for at least one year; petition must be signed by more than 50% of the registered voters of the area •Allow a resident of an ETJ with a population of more than 200 to hold an election to vote to be released by filing a petition that includes the signatures of at least 5% of the registered voters residing in the area –if it receives a valid petition, a city must hold and pay for the costs of an election and release the area from the ETJ if a majority of voters approve the proposed release •Pending in House Committee on Land & Resource Management (Georgetown registered against the bill) 11 Page 18 of 20 ETJ DEVELOPMENT AGREEMENTS HB 1929 (Oliverson) •Except in ETJ of a city with a population of 1.9 million or more, provide that: –a city that enters into an ETJ development agreement waives immunity from suit for the purpose of adjudicating a claim for breach of contract; and –actual damages, specific performance, or injunctive relief (but not consequential or exemplary damages) may be granted in an adjudication brought against a city for breach of an ETJ development agreement. •Voted favorably as substituted from House Committee on Land & Resource Management (Georgetown submitted written testimony against the bill) 12 Page 19 of 20 THANK YOU QUESTIONS? 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