AGENDA TITLE:
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Receive Report Regarding Communication Pertaining to Various Assembly and Senate Bills (CM)
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MEETING DATE:
November 6, 2024
PREPARED BY:
Linda Tremble, Executive Administrative Assistant
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RECOMMENDED ACTION:
Receive report regarding communication pertaining to various Assembly and Senate Bills.
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BACKGROUND INFORMATION:
Consistent with Section 7.9 of the City Council Protocol Manual, the Mayor may sign and submit communications regarding legislation so long as the position is consistent with the position taken by the League of California Cities when timing precludes acting upon a request to support or oppose legislation at a City Council meeting. The City received requests for communication from the League of California Cities regarding various Assembly and Senate Bills at the end of the Legislative Session when timing was critical. A summary of the communications provided is included below and the individual letters are attached.
AB 98 (Carillo J., Reyes): Planning and Zoning: Logistics Use: Truck Routes - the City of Lodi strongly urged the veto of AB 98 related to warehouse and logistic use standards and truck routes. While the bill aims to address air quality related concerns adjacent to warehouse operations, this problematic gut-and-amend includes stringent requirements that will severely impact the ability for local jurisdictions to site based on unique geographic and community characteristics, and stifles economic and workforce development in their communities.
AB 1893 (Wicks) Housing Accountability Act: Housing Disapprovals - Notice of Opposition (As of April 18, 2024). The City of Lodi took an opposition unless amended position on the measure AB 1893, which would place guardrails on “builder’s remedy” projects; reduce affordable housing minimums; and prohibit local jurisdictions from denying certain housing developments even if they are meeting or exceeding state allocated housing goals.
AB 2081 (Davies) Substance Abuse: Recovery and Treatment Programs - Request for Signature. The City of Lodi requested the Governor’s signature on AB 2081 which would require a higher standard of transparency and greater protections for individuals seeking alcoholism or substance use treatment. Specifically, AB 2081 would require the operator of a licensed recovery home to disclose to those seeking care that they can check the Department of Health Care Services website to confirm a facility’s compliance with state licensing laws. This will empower patients to make informed decisions about their care by easily knowing if the entity’s license or certification has been placed on probationary status, been subject to a temporary suspension order, been revoked, or if the operator has been given a notice of operation in violation of the law.
AB 2330 (Holden) Endangered Species: Wildfire Preparedness Activities - Request for Signature. The City of Lodi requested the Governor’s signature on AB 2330 to develop a voluntary, streamlined process for local agencies to submit wildfire preparedness programs to the California Department of Fish and Wildlife (CDFW) and seek approval to avoid, minimize, and mitigate the take of an endangered, threatened, or candidate species, incidental to conducting vegetative management activities in fire hazard severity zones located adjacent to communities.
AB 2561 (McKinnor) Local Public Employees: Vacant Positions - Request for VETO. The City of Lodi respectfully requests a veto on AB 2561, which would require all local agencies to hold a public hearing on the status of vacancies before their governing board at least once per fiscal year. This will inherently create an expensive reimbursable state mandate, adding needless pressure on the state budget at a time of significant budget challenges. Based on conservative estimate of costs, AB 2561 will result in annual reimbursable costs of up to $13.5 million, or more - not including the additional reporting costs imposed upon agencies with bargaining units that experience vacancy rates exceeding 20%.
AB 2574 (Valencia) Alcoholism or Drug Abuse Recovery or Treatment Facilities - Request for Signature. The City of Lodi requested the Governor’s signature on AB 2574, which seeks to better regulate recovery residences. Specifically, AB 2574 would expand reporting requirements for licensed recovery home operators to enhance the Department of Health Care Services’ oversight of sober living homes that are operating as an integral part of a licensed drug treatment facility located elsewhere in the community.
AB 3093 (Ward) Land Use: Housing Element: Streamlined Multifamily Housing - Request for VETO. The City of Lodi respectfully requests a veto on AB 3093, which would require local governments to account for the housing needs of people experiencing homelessness in their housing elements without funding to develop the plans, implement strategies, or support the construction of affordable housing.
SB 450 (Atkins) Housing Development: Approvals - Request for VETO. The City of Lodi requested a veto on SB 450, which was recently removed from the inactive file in the final days of session. SB 450 would limit the ability of local governments to apply objective standards on a proposed SB 9 (2021) project and require cities to approve or deny a proposed project within 60 days from when a local agency receives a completed application, or the project is deemed approved. Finally, the measure allows a developer to demolish and replace an existing home with two new homes even if a tenant occupies the home.
SB 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement - Request for VETO. The City of Lodi regretfully requests a veto on SB 1037, which would allow the Attorney General to take legal action against a city and seek fines up to $50K a month for failure to adopt a compliant housing element or if the demolish and replace an existing home with two new homes even if a tenant occupies the home.
SB 1123 (Caballero) Planning and Zoning: Subdivisions: Ministerial Review - Request for VETO. The City of Lodi writes to strongly request a veto on SB 1123. This measure would require cities to allow the construction of up to 10 new units on a parcel that was zoned and planned for only one unit. Not only is SB 1123 inconsistent with local zoning standards, but it will likely also be contrary to a city’s state-mandated housing element.
SB 1211 (Skinner) Land Use: Accessory Dwelling Units: Ministerial Approval - Request for VETO. The City of Lodi respectfully requests a veto on SB 1211, which would require local jurisdictions to ministerially approve up to 8 detached accessory dwelling units (ADUs) on an existing multifamily dwelling lot. Additionally, this measure mandates the ministerial approval of up to 2 detached ADUs on a lot with a proposed multifamily dwelling.
The attached letters signed by the Mayor, were sent to the Governor Newson’s Office and Chair, Assembly Committee on Appropriations’ Wicks Office on September 16 2024. The referenced Assembly and Senate Bills are attached for reference.
STRATEGIC VISION:
These items generally support Council Strategic imperatives on Downtown, Economic Development, Housing, Fiscal Health, Public Safety and Public Well-Being.
FISCAL IMPACT:
Not Applicable.
FUNDING AVAILABLE:
Not Applicable.
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Scott R. Carney
City Manager