Senate Standing Committee on Local Government
- MarĂa Elena Durazo
Legislator
The Senate Committee and local government will come to order. Good morning. Thank you for joining us. This for this meeting of the Senate Committee on Local Gov. The Senate welcomes the public in person and we are holding our Committee hearings in the O Street building.
- MarĂa Elena Durazo
Legislator
I ask all Members of the Committee be present in room 2200 so we can establish our quorum and begin our hearing. First, one housekeeping file. One housekeeping item is item number 11. SB299 has been pulled. We will hear that Bill on our April 23 hearing. We have today's agenda.
- MarĂa Elena Durazo
Legislator
We have 16 bills, six of which are on consent. And let me name them. Item number one, SB485. Item number six, SB627. Item number seven, SB740. Items 1415 and 16, SB735, SB736, and SB737 by the Committee on Local Government. We don't have. zero, we do. Okay. So before we hear the presentation on the bills, we establish a quorum. Assistant, please call the roll.
- MarĂa Elena Durazo
Legislator
Okay. As the assistant notes, a quorum has been established.
- John Laird
Legislator
Yes. Well, nobody has voted for them yet, but I thought I'd move them.
- Kelly Seyarto
Legislator
Do we have seven or six? Did one get pulled off? Okay, which. Which one? Okay.
- MarĂa Elena Durazo
Legislator
Thank you. Thank you for the notice. Noticing that with clarification, we have a motion to adopt the consent calendar. Please call the roll.
- MarĂa Elena Durazo
Legislator
Okay, we're going to put the consent calendar on call. Right. All right, we start with. All right, we have Senator Richardson here. Please welcome, Senator. And you may present SB515. Good morning.
- Laura Richardson
Legislator
Yes, ma'am. Good morning. Well, I'm looking forward to the gentleman like ideas that Mr. Laird would have. And hopefully we do a quick pass on 2, 3 and 2, 3, 4 and 5 today. So I'll be pulling for you, Mr. Laird. Good morning, Madam Chair and Members.
- Laura Richardson
Legislator
First, I would like to start by thanking the Chair, Committee, staff and the sponsor of this bill, who is California for a Just and Equitable California CJEC, for working with my office to make the necessary changes to ensure the bill remains narrow in scope and of course, I will be accepting the committee amendments today.
- Laura Richardson
Legislator
SB 515 addresses a critical gap by improving how local government in California collects and reports demographic data. This bill recognizes that without accurate, consistent and complete information, the unique needs of historic, historically and marginalized communities, especially the descendants of enslaved persons, remain, remains invisible in our decision making processes.
- Laura Richardson
Legislator
As we continue working towards equity and public policy, it's essential that our data reflects the full diversity of our communities. With that, I'd like to highlight a few key points about this bill. Number one, SB 515 aims to enhance the accuracy, consistency and completeness of demographic data collected by local governments in California.
- Laura Richardson
Legislator
Number two, by allowing SB 515 to analyze this refined data, government agencies can develop targeted hiring initiatives and allocate resources more effectively and ensuring that the services address the unique challenges faced by many different populations in our great state. Number three, without specific data, the challenges and contributions of our community remains to be overlooked.
- Laura Richardson
Legislator
SB 515 ensures that all experiences are recognized and considered in policy discussions. Current data collection practices lump all African Americans or Blacks individuals into a single category, masking important distinctions between these different groups.
- Laura Richardson
Legislator
Similarly, the State of- the State Controller's Office and the Department of Human Resources provides more accurate data of other ethnic groups such as Asian, Pacific Islander and Hispanics, which is why this bill was originated.
- Laura Richardson
Legislator
By requiring all California cities and counties to collect this data, it ensures- ensures uniformity, preventing gaps in information that could also hinder policy effectiveness and delivery of services. SB 515 maintains that all data collections reflect state laws, privacy protections and data security standards.
- Laura Richardson
Legislator
Here with me today to speak in support of SB 515 is Chris Lodgson, a representative of California for a Just and Equitable California, CJEC. Did you want him to use that microphone outside the rail since this is your film? Okay.
- Chris Lodgson
Person
Good morning. Senators. Thank you for the opportunity to speak in support of SB 515 today, a crucial piece of legislation that will require cities and counties across California to establish a category of data collection specifically for residents who are descendants of persons enslaved in the United States, starting with city and county employees.
- Chris Lodgson
Person
In 2022, through the enactment of Section 14 of SB 189, California became the first state to require state agencies to create a category of data collection for descendants of persons enslaved in the United States.
- Chris Lodgson
Person
That law, which took effect on January 1st of 2024, updated state hiring forms to allow individuals who apply for and are hired to state jobs and who self identify as black or African American to also indicate whether or not they self identify as a descendant of a person enslaved in the United States.
- Chris Lodgson
Person
The creation of a dedicated category of data collection for these residents is not a symbolic gesture.
- Chris Lodgson
Person
It is a substantive step toward closing what I call the lineage data gap, which refers to the near complete absence of any state and public data whatsoever on which California residents who, like myself, are descendants of those brave and heroic Americans who were subjected to, and then later emancipated from the institution of chattel slavery.
- Chris Lodgson
Person
The good news is, as the Senator mentioned, you've done something like this before. Over the past decade, the California Legislature has recognized the unique and distinct ethnic backgrounds of various AAPI populations and require state agencies to disaggregate the AAPI data category as well. That important work has led to increased attention and targeted support for specific AAPI subgroups.
- Chris Lodgson
Person
We residents whose ancestors were enslaved and emancipated in this country need and deserve the same targeted attention and support. But to do that, you have to see our communities first. Members, it is for these reasons and more that I respectfully ask for your aye vote on SB 515, and I'll just note here quickly.
- Chris Lodgson
Person
This bill is supported by ourselves, the Coalition for a Just and Equitable California, as proud co sponsors, as well as the American Redress Coalition of California, Sacramento, the American Redress Coalition of California, Bay Area, the Lineage Equity and Advancement Project and the California Black Lineage Society. Thank you, Senators.
- MarĂa Elena Durazo
Legislator
Thank you, sir. Any other lead witnesses? No. No. Okay, so we will. Do we have any opposition lead witnesses? Nope. Okay. And if anybody would like to step up to give your comments with your name and position on the measure, whether you're supporting or in opposition, you can step up to the mic. Just name and organization.
- Alexandra Void
Person
You know, I do teach that, but my name is Alexandra Void, and I'm here to support SB 515. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you. Okay. Seeing no one else, we'll go back to the members. Any comments, comments or questions, our members.
- MarĂa Elena Durazo
Legislator
Thank you, Senator Laird. Alright, with that, we'd like to close.
- Laura Richardson
Legislator
I respectfully request an aye vote on SB 515 from local. From this local government committee. SB 515 will assist in the identification and address the specific needs of California by allowing for a more targeted, equitable and effective allocation of resources in education, health care, economic opportunity and social services. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you. So we have a motion by Senator Laird. Oh, here we go. Here we go. Do pass as amended to appropriations. Call the roll.
- MarĂa Elena Durazo
Legislator
What is it? Okay, we're going to leave it on call. The vote was four. Four to one. Thank you. And we'll move on to the next. Is that SB 57? Yes. Okay. Senator Richardson, you may proceed.
- Laura Richardson
Legislator
Thank you, Madam Chair, and again, Members of this Committee. I would first like to start by thanking the Committee Staff for working with my office and the sponsors of SB 611, and I will be accepting the Committee's Amendments that have been presented today.
- Laura Richardson
Legislator
As you are all too aware, California's housing crisis has reached a critical point, profoundly affecting the state's economic stability and well-being of its residents. SB 611 is crucial to ensuring that the legally approved development projects can move forward, as long as the community housing plans were in effect at the time of permitting.
- Laura Richardson
Legislator
SB 611 removes the risk of unnecessary delays to much needed Housing and Community Development projects. For example, in the largest county in the State of California alone, delays to community plans can prevent tens of thousands of housing units from being built.
- Laura Richardson
Legislator
In 2012, the Hollywood Community Plan was adopted, but litigation stalled critical projects—and setting these projects back several years. In response, the Legislature passed AB 1515 in 2019, with a unanimous bipartisan support, which provided certainty, by ensuring projects permitted under an adopted community plan would proceed, despite pending litigation.
- Laura Richardson
Legislator
Unfortunately, those protections expired on January 1st, 2025, which means we are, once again, facing uncertainty for vital development projects. So, to be clear, SB 611 is—is, in essence, to extend that timeline. SB 611 restores these provisions, ensuring that projects remain legally vested at the time of permitting, reducing unnecessary delays.
- Laura Richardson
Legislator
Here with me today to testify in support of this Bill is the sponsor of SB 611, Freddie Quintana, on behalf of the City of Los Angeles, Mayor Karen Bass, the Council, and the City Planning Department.
- MarĂa Elena Durazo
Legislator
Good morning, Mr. Quintana. Do you have any other lead witnesses that are going to be speaking, or is he your own?
- Freddie Quintana
Person
Thank you, Madam Chair and Members. My name is Freddie Quintana, and I serve as the Senior Director of State Affairs to Los Angeles Mayor, Karen Bass. I'm here because Mayor Bass is deeply committed to protecting housing projects that will address the housing and homelessness crisis in Los Angeles and throughout California.
- Freddie Quintana
Person
As the Senator just mentioned, the Hollywood Community Plan in 2012 was challenged and, as a result of that challenge, was halted—plan-related permits—and created developer uncertainty and created a lot of housing construction delays. Ironically enough, earlier this year, after AB 1515 had sunset, we had adopted the Hollywood Community Plan again, after a 10-year update, which included a proposal of 30,000 new additional housing units.
- Freddie Quintana
Person
The plan has again been challenged, and we are trying to create certainty to protect those permits that we're currently issuing in Los Angeles. SB 611 aims to restore the protections of AB 1515, and that passed in 2019 with bipartisan support.
- Freddie Quintana
Person
We do not seek to stop environmental review of an individual housing project or development. Rather, we just want to prevent the CEQA Litigation Process from stalling or stopping all projects tied to a community plan.
- Freddie Quintana
Person
In addition to the Hollywood Community Plan, we are currently in the process of updating 14 of our other community plans, including the Harbor Wilmington Plans, as well as Boyle Heights. This is why we need to pass SB 611 now.
- Freddie Quintana
Person
And this Bill will provide much-needed clarity to local governments, residents, and developers, so that the critical housing development projects may proceed without unnecessary delays. With that, respectfully ask the Committee for their "Aye" vote.
- MarĂa Elena Durazo
Legislator
Do we have any opposition lead witnesses? No. Seeing none. Okay. And if there are any—anybody in the public—that wants to speak up in support or in opposition, please come to the mic. Give your name and organization and position.
- Karim Drissi
Person
Madam Chair and Members. Karim Drissi, on behalf of the California Building Industry Association, in strong support. Grateful for the author's leadership on this issue, and we respectfully request an "Aye" vote. Thank you so much.
- Will Abrams
Person
Will Abrams, representing a coalition of wildfire survivors, in strong support. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you. Anybody else? Seeing no one else. We'll come to our Members. Any questions or comments, Members? Motion has been made by Senator Wiener. Seeing none. Go back to Senator Richardson, if you would like to close.
- Laura Richardson
Legislator
Yes, ma'am. By restoring legal protections, approved in AB 1515, originally authored by Mr. Friedman for community plans, this Bill ensures that critical housing projects are not delayed. SB 611 removes unnecessary—uncertainty, excuse me—for developers, accelerates construction, and aligns with the state's broader housing and environmental goals.
- Laura Richardson
Legislator
SB 611 is a commonsense balance approach prioritizing the urgent need for housing. I respectfully ask for your "Aye" vote.
- Laura Richardson
Legislator
Yes. Thank you, Madam Chair and Members of this very important committee, I'd like to start by again thanking the committee staff for working with my office to make technical changes to the language which I will be accepting the committee's amendments today.
- Laura Richardson
Legislator
Let me start by painting a picture, and I'd like to request permission to share with you some photos that I think paint that picture very well for all of us. In the third quarter of 2024, one of the largest cities in the State of California reported 32,145 dumpings. That's not items.
- Laura Richardson
Legislator
That's reporting locations that needed dumping, dumped items to be picked up. This is the highest quarterly count in the last three years and represents a 22% increase from the one prior to this one. More specifically, by district, the dumping reports led to a more intense cleanup program that resulted in over 26,103 tons of trash.
- Laura Richardson
Legislator
Again, 26,103 tons of trash, or 52.2 million pounds of trash, debris, and overgrown vegetation to be picked up as of May 29th of 2024.
- Laura Richardson
Legislator
SB 757 would authorize the legislative body of a city or county to establish a procedure to use a nuisance abatement lien or a special assessment to collect abatement costs related to the administrative costs that the city or county incurs. Until January 1st, 2035. Local governments use various enforcement strategies to make neighborhoods, streets, parks, and buildings safer.
- Laura Richardson
Legislator
One important strategy is to fine owners for allowing excessive trash and biological hazards on their properties over an extended period of time.
- Laura Richardson
Legislator
Despite municipal rules and notices, some property owners maintain nuisances on their properties while ignoring the administrative fines and citations imposed by local governments, thereby putting financial burden on local agencies to enforce these fines and collections through the courts after incurring significant costs.
- Laura Richardson
Legislator
Allowing local officials to collect unpaid administrative fines with special assessments and abatement liens puts the responsibility on the property owner to dispute the assessment.
- Laura Richardson
Legislator
Instead of requiring a local government to bear further costs by going to court when a property owner does not keep their property free from debris nor from the cost to clean the area itself. This change allows the nuisance abatement cost to be collected, which cleans up our streets and vacant lots from unnecessary debris and clutter and reimburses cities and counties from burdensome, unbudgeted cost.
- Laura Richardson
Legislator
SB 757 is a strategy and a toolbox that prioritizes health, cleanliness and safety for residents across California. Here today to speak in support of this bill is Nicolo De Luca. On behalf of contract cities, which includes Oakland and Compton. And this is my only witness on this item.
- Niccolo De Luca
Person
Thank you. Honorable Chair Durazo, Vice Chair Seyarto and Committee Members, my name is Nicolo De Luca, as the Senator said, and very grateful for her leadership on this here on behalf of the cities of Oakland and Compton. Cities like Oakland and Compton we have some historically underserved neighborhoods. That's no secret.
- Niccolo De Luca
Person
They're low income neighborhoods and chronic nuisance properties pose a particular threat. These neglected properties and neighborhoods are not simply eyesores. They're active public health hazards that endanger residents, destabilize neighborhoods, and often reinforce cycles of disinvestment and decline.
- Niccolo De Luca
Person
Yet because many of these properties are held by absentee landlords or speculators, the civil penalties alone are not enough to bring these bad actors into compliance. They weigh the cost of fines against the revenue generated from neglected renting or illegal uses and in many cases simply absorb it as an administrative hit.
- Niccolo De Luca
Person
SB 757 offers a measured time limited and equity informed solution by allowing cities to recover unpaid administrative fines through nuisance abatement, liens or special assessments, but only for violations that present an immediate threat to public health or safety. We feel this bill balances enforcement power with meaningful protections.
- Niccolo De Luca
Person
It requires notice and reasonable opportunity to cure, mandates a hardship waiver process for those who are trying in good faith to comply, and ensures that any recovered funds are reinvested directly into housing code enforcement and support programs, including revolving loan funds, revolving loan funds for rehabbing substandard housing.
- Niccolo De Luca
Person
That last point is really is very important, especially in cities like Oakland and Compton, where many families live in older, aging housing stock and may lack the means to make necessary repairs without assistance. SB 757 creates a pathway not just for accountability, but for local governments to support remediation and preserve safe, affordable housing over the long term.
- Niccolo De Luca
Person
Back when I worked for the City of Oakland, I oversaw illegal dumping and nuisance abatement. And it is so disheartening for neighborhoods when you try to address a property and they get stalled in the courts and then you really have cities start losing faith in our actions.
- Niccolo De Luca
Person
So ask for your aye vote and very grateful and happy to answer any questions and very grateful for the Senator and her leadership on this important policy topic.
- MarĂa Elena Durazo
Legislator
Thank you. Thank you very much. Is there any lead opposition.
- Detlef Ironfeld
Person
My name is Detlef Ironfeld, and I'm here to tell- to tell you today about my experiences with code enforcement and why you should not allow local government to place liens on properties without court order judgment. I'm 75 years old. Around 40 years ago, I bought a property in rural Sonoma County.
- Detlef Ironfeld
Person
My wife and I raised my kids there. We kept animals, enjoyed the beauty of Sonoma County, and lived a rural life. In the early 90s, the county informed me that I had allegedly some inoperable cars on my property. They never visited the property and violated the code.
- Detlef Ironfeld
Person
I then stopped hearing from them about the situation and assumed that the issue had been resolved. I had a train wreck. In the meantime, I was in the hospital. Then in November 2023, over 25 years later, the county law enforcement flew over my property and wrote me a new citation for allegedly having inoperable cars on the property.
- Detlef Ironfeld
Person
I haven't heard for them since the 80s, since the 90s. Now they claim I owe them $50,000 in fines for the cars because the penalty was like $5 a day for each of it. And it came to over $50,000. Last year, the county sued me, seeking a judgment and a lien on my property.
- Detlef Ironfeld
Person
Luckily, because the county had to go to court to file the lien, I found help through a legal aid organization who are helping me to get time to get these alleged vehicles off the property, which I need because I have disability, the heart condition, and knee operation.
- Detlef Ironfeld
Person
With their help, I'm getting enough time to resolve the concerns and also to keep my property. If the county had been allowed to place a lien on my property without going to court, they could have taken my property away by now, for which I work very hard. Code enforcement should not be.
- Detlef Ironfeld
Person
Should be about cleaning up property, helping people and not collecting money, not leveraging hundreds and thousands of dollars on the property and just take it.
- MarĂa Elena Durazo
Legislator
I'm sorry. If you could wrap it up, please. Time is up. Thank you very much.
- Mica Doctoroff
Person
Good morning, Madam Chair and Members. My name is Mica Doctoroff, and I'm a Senior Staff Attorney at the ACLU of Northern California. I'm here today on behalf of ACLU California Action in regretful opposition to SB 757.
- Mica Doctoroff
Person
Our primary concern with this bill is that it will remove a key due process protection for property owners, namely the protection of judicial review before the placement of liens for code enforcement fines. While we understand that it is far easier to place a lien on real property without the added step of civil litigation.
- Mica Doctoroff
Person
This step has been embedded and enshrined in our legal system for a reason and, and we would respectfully urge the committee to preserve it here. Property owners in code enforcement proceedings already have very few due process protections and these impacts will be heightened under the administrative process proposed here.
- Mica Doctoroff
Person
With no right to court appointed attorneys, many property owners will be unrepresented in these administrative proceedings and forced to navigate a complicated process on their own. Code enforcement actions often target low income property owners and racial minorities, so we are particularly concerned about the disproportionate impact SB 757 will have on these communities.
- Mica Doctoroff
Person
By way of example, in rural Siskiyou county, where the Board of Supervisors passed a separate local ordinance allowing administrative liens for cannabis code violations, over 80% of administrative liens were placed on properties owned by Asian Americans, despite the fact that Asian Americans made up less than 4% of the county's adult population.
- Mica Doctoroff
Person
Further compounding these issues, we fear SB 757 will also incentivize local code enforcement officers to bring more code violation cases and move more quickly because the fines and penalties recovered from these actions will be directed to supporting the work of local code enforcement officers.
- Mica Doctoroff
Person
Similar bills have been vetoed in the past by both Democratic and Republican governors because of due process current concerns and for these reasons, we would ask you to reject this bill today. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you. If there's anyone in the public that wants to speak in support or opposed would like to come up and give your name and organization and position. Nobody. Okay. Seeing none. Come back here to our members. Questions or comments? Senator Vice Chair.
- Steven Choi
Legislator
Yes, I have a question on this issue. My understanding is that the landowner typically there's a vacant land a lot in the city and that becomes a dumping site, is that correct?
- Laura Richardson
Legislator
That's the focus of this bill is regarding primarily vacant lots.
- Laura Richardson
Legislator
And we could specify that more clearly if the committee required.
- Steven Choi
Legislator
So, unfortunately, the landowner, the lot owner may be absent like this gentleman's case. And sometimes they may not realize what's going on not living in the city, even if the person is living in the city. Unfortunately some people. I don't know why people dump in the vacant lots.
- Steven Choi
Legislator
I guess many cases I've seen like large items, not household items that may fit in the trash cans, like recycled food, whatever landfill three trash cans. Typically residential homeowners do have, but like a couch or whatever large items which will cost for them to get rid of.
- Steven Choi
Legislator
I think they are typically you know, try to violate without hiring or paying for legal removal or dumping those items that they just bring them over and dump it at night and the landowner is the victim as well. So I wonder whether this is government's responsibility to monitor and prohibit that kind of activities rather than the landowner.
- Laura Richardson
Legislator
Permission to respond. Okay, Senator Choi, you brought up very important questions. And actually I want to thank the witness and the representative here today because this is a very important issue.
- Laura Richardson
Legislator
First of all, cities have laws that require that if you own a piece of property, you're supposed to keep your property free and clear of trash and debris. That's whether a person has a residential home, whether they have a vacant lot. We have rules that if you own property, your property is supposed to be free and clear.
- Laura Richardson
Legislator
So this is not a surprise. This isn't something, you know, they weren't aware of. Second of all, code enforcement does not issue liens for a person who simply had a couch delivered on their vacant property once as I. And that's why we provided the pictures for you.
- Laura Richardson
Legislator
Code enforcement comes out when there's an excessive amount of trash and debris that is accumulated. Notices have been provided. It's not that code enforcement just suddenly says, oh, we're going to attach a lien and charge you $20,000. You actually receive notices of and given time to remove that trash and debris.
- Laura Richardson
Legislator
Then to the third point, are the property owners aware? Property owners are required when they pay taxes to actually have a proper address location for the property owner. And that's where the information is shared.
- Laura Richardson
Legislator
And then finally to the witness's point, if you heard in his testimony, he said that he was given notice, I think more than 10-20 years prior and then subsequently did remove those inoperable vehicles. So the issue wasn't that inoperable vehicles existed. Finally, to summarize, this bill does not remove due process.
- Laura Richardson
Legislator
It simply puts the due process on the owner, on the property owner.
- Laura Richardson
Legislator
Because right now, as all of us know, the tremendous amount of cost that sits, cities, counties and courts are incurring in order to receive, to get in line to, you know, to process the lien and go through that whole process, it does not prohibit the actual owner from going to court.
- Laura Richardson
Legislator
And to say, well, no, this lien is not appropriate. So just because the lien is assessed does not mean that the lien is in fact charged to that particular owner. Thank you very much for your question, sir.
- Steven Choi
Legislator
Can I have a follow up question? Yes, go ahead, go ahead. Let me get down to a little bit more detail.
- Steven Choi
Legislator
Like I said, that's against the landowners desire to have their lot become dumping site and against their will, when nobody knows, people bring the trash debris to their site and let's suppose that was me and I clean up with my own expenses and next day that happens again.
- Steven Choi
Legislator
And the city has no responsibility for blocking that kind of continuous illegal dumping activities by untrustworthy citizens or people keep on doing and the responsibility is laid upon the landowner continuously rather than city shares the responsibility.
- Laura Richardson
Legislator
Thank you, Mr. Choi, again for that question. The owner would have several options available to him or her. One would be to actually enclose the property with a fence, which is what most home. Which is what most property owners do, particularly if they have vacant lots. They secure that vacant lot so people can't dump.
- Laura Richardson
Legislator
The other option that a property owner has is to post that no illegal dumping is allowed. If in fact then the property owner posts that no illegal dumping is allowed and they have a camera and they view a vehicle that is dumping the couch, then they can seek legal regress for that. Thank you, Mr. Choi. Thank you.
- John Laird
Legislator
Thank you, Madam Chair. We recently had a related dispute in my district over a water district that was choosing to do bills through property tax. And the issue of liens was at the center of that debate.
- John Laird
Legislator
And it was rejected because the belief that even though there was a payment plan over months and a different way of doing it, that lower income people were disadvantaged by that and more likely to have problems when liens were assessed. That seemed to be part of the concern of the ACLU.
- John Laird
Legislator
I wondered if you'd speak to that and why that in your view is or isn't an issue here?
- Laura Richardson
Legislator
Thank you, Madam Chair. Thank you for that question, Senator Laird, and your long history and knowledge. I feel it's kind of an honor for you to ask me a question and and me to answer one.
- Laura Richardson
Legislator
Sir, the answer to that question is again, as a property owner, a property owner is required to in the city, municipality and county, if they choose to be a property owner, regardless of their economic status, the law says that they have to keep their property free and clear of debris.
- Laura Richardson
Legislator
So to say that someone, well, they may not have the funds to pay the lien.
- Laura Richardson
Legislator
Well, then the other option is to clean the property themselves, put a fence around the property, report people who are doing illegal dumping and to, in most cases at least the cities that were referenced here by my witness, most cities do have a nuisance abatement program that if you call them actually property owners, you're included several free dumpings.
- Laura Richardson
Legislator
So you're allowed two dumpings or three dumpings that are allowed to pick up miscellaneous one time experiences. This is not, this bill is not related to, again, the person who had the one time couch that was dumped or tires that were dumped.
- Laura Richardson
Legislator
Cities have a process to realize that a property owner doesn't control if someone walks up and dumps three tires. And that's why cities have programs to pick up illegal items. This is for habitual failure to take responsibility of a person's property.
- Laura Richardson
Legislator
And in that sense, the question is the owner is responsible for that property, not the city, not the county. And so they're responsible to keep it clean. And to expect a city or a county to continue to pay beyond nominal pickups is beyond what our cities are able to bear.
- John Laird
Legislator
And just to comment, I agree in the sense of the responsibility. In my ancient city service, we had large lots inside the city where people were required to clear all the excess brush after every rainy season. If they didn't, the city forced it and they had to pay. But they had the first option of, of doing that.
- John Laird
Legislator
So I agree that on principle this is something that should work. I'm going to support the bill. I just hope over time you're sensitive to that, if there's actual evidence that comes up that, that it is going to be a problem with people that can't pay pay even though they have the responsibility.
- Jesse Arreguin
Legislator
Well, thank you very much for bringing this forward. I notice the City of Oakland is a sponsor, which I represent. I had to step out when you began your bill presentation, so just want to get clarification. Are you accepting the committee amendments?
- Jesse Arreguin
Legislator
And then I have dealt with these issues as a mayor in my city. And there was a very difficult and well publicized case where an elderly African American homeowner in South Berkeley got caught up in a very protracted nuisance abatement process.
- Jesse Arreguin
Legislator
And a court receiver was appointed to actually carry out the, the correction, the code violations at the property, the costs of the, of the work that the, that the receiver engaged in were so significant and the penalties that the court was at the point where they were ready to sell the property in order to recover those costs.
- Jesse Arreguin
Legislator
And we had to work with that property owner, the City of Berkeley, to proactively and the court to find a way to provide assistance so that we can ensure that that individual is able to retain ownership of the property as well as mitigate the nuisance.
- Jesse Arreguin
Legislator
So for low income elderly property owners, it's challenging, but people do have a responsibility to make sure that the properties are up to co compliance. So I'll just note that this does specifically apply to cases where electrical, plumbing or zoning or structural issues create an imminent danger to health and safety.
- Jesse Arreguin
Legislator
But I do wonder, and you can help address this or your witness, who I know very well, what the due process is for cities imposing these fines. Because right now, you know, they could appeal, then it goes, then it could go to a court.
- Jesse Arreguin
Legislator
Could you maybe elaborate on what the due process would be would be under this bill? Because I do think it's important that there'd be some due process because sometimes these things are in dispute.
- Jesse Arreguin
Legislator
And more often than not, you know, the city is right. But sometimes they may be imposing requirements that may be unreasonable.
- Jesse Arreguin
Legislator
You know, it's subjective. Is that the determination of that individual code enforcement officer or fire marshal? Sometimes these things are in dispute. So I'm curious if you can elaborate on what the due process would be.
- Laura Richardson
Legislator
Yes. Permission to respond, Madam Chair? Thank you. I am not aware of Madam Chair. Madam Chair, not knowing the amount of time that I'm allotted to do this, what I'd like to suggest, if the members are in supportive of voting aye on the bill.
- Laura Richardson
Legislator
What I would like to do, if you would like, is I'm more than welcome to work with committee staff to address two points that I've heard today.
- Laura Richardson
Legislator
One point is the latter of what you just mentioned that in the bill, maybe we should spell out what is the due process that would be required for a city and county to meet in order to apply a lien.
- Laura Richardson
Legislator
And I'd be more than happy to work with the committee staff to put that in the bill if it would be the will of the members. The second item that I heard that was mentioned here today by both Mr. Laird and Arreguin, and that is what do we do?
- Laura Richardson
Legislator
And actually, frankly, with the witness and the opposing representative here, what do we do in the case of a person who, you know, for whatever reason cannot afford, we can most certainly put a process, something into the bill that says if in the event the individual who has a lien assessed is deemed to be, you know, of low income, age, etc, the following process would need to be applied.
- Laura Richardson
Legislator
It seems like those are the two overarching items that were mentioned. And if the committee would afford me the ability to work with the committee staff, I would be willing to accept those amendments.
- Laura Richardson
Legislator
Unless you want me to further answer the question, which I'm happy to do. But I'm also a believer in the reason why we're here is not just to pass legislation, but to help Californians. And if it seems amongst members that that would be helpful, I'm more than willing to do so.
- Jesse Arreguin
Legislator
Yeah, that would be very helpful. And I, you know, I apologize we didn't have a chance to discuss this before the hearing, but I appreciate your consideration of those points. I will definitely be supporting the bill today because I do think this provides more tools for local governments to hold people that are not in co compliance accountable.
- Jesse Arreguin
Legislator
And these. These conditions do create a imminent danger to adjacent property owners and the broader community. But there are, you know, edge cases where, you know, somebody's a senior, somebody's low income, somebody have a disability. And I just note that in various sections of the bill does talk about establishing a process for hardship waiver.
- Jesse Arreguin
Legislator
Maybe we can build on that. I really appreciate consideration of that, but I do appreciate you bringing this forward. This definitely addresses an issue in my community that I represent Oakland and look forward to further discussions with you and helping support the passage of this bill.
- Christopher Cabaldon
Legislator
Yeah, thank you, Madam Chair. And thank you also for bringing the bill forward. I also served where the mayor, the very recently recovered mayor's wing of the table.
- Christopher Cabaldon
Legislator
And I mean, the process is extensive in part, both in the law and in practice, because you can't be a city government that is imposing liens and taking people's property away for very long without being replaced by a new city government. So there are also some protections in our fundamental democratic process for the overreach.
- Christopher Cabaldon
Legislator
But this is a major issue in communities like mine and throughout my district, and I do represent Sonoma also often on weed abatement, which is really another word for fire, for protecting against fire hazards, where it's very clear what the threat is, and the threat is not contained to that property.
- Christopher Cabaldon
Legislator
And the failure to abate it over weeks or months or years is significant and imminent threat to public health. And so we will abate, and then we will be ready to charge the property owners. But first they get notice that we need. That you need to abate. Okay, you haven't abated. Oh, here's your second notice.
- Christopher Cabaldon
Legislator
You need to abate. You haven't. Here's your third one. Here's your fourth one that we are going to abate and then charge you. I still haven't. Okay, now we've done it. Now we're going to either impose a lien or a special assessment in order to accomplish that. And so here's the notion of that.
- Christopher Cabaldon
Legislator
You haven't responded to that. So here, now we're going to do that. But you have the right to appeal because the law requires that. You know, we have an appeals board, we used to have a hearing officer. The courts ruled a couple years ago that these folks were entitled to a hearing before a board of their peers.
- Christopher Cabaldon
Legislator
That board hears it. And that's just for the actual code enforcement determination. That's not the lien or the assessment itself at this point. That is just the determinant. That's simply to reach the point where you, you have been, you've received a code enforcement violation.
- Christopher Cabaldon
Legislator
It is not a code enforcement officer just walking around willy nilly with, you know, violation notices everywhere. Then you have to consider the special assessment or in this case the, the lien which requires action of the city itself and its governing board.
- Christopher Cabaldon
Legislator
And therefore that goes on the agenda with a long list of property own of property parcel numbers. And anyone that can come, depending on the nature of the, of the charge can come to the, to the hearing. And they sometimes do to say, hey, I'm, I'm in exactly the same situation. I've- I've. In 20 years,
- Christopher Cabaldon
Legislator
I think one time somebody came and did not get their name taken off the list. Because nothing in this bill requires that every single person without, you know, with, with prejudice be subjected to a lien. It simply gives that authority.
- Christopher Cabaldon
Legislator
And it gives that authority because in the list that I saw every single time was the same properties and it wasn't the same grandma, it was the same companies, it was the same out of state landlords who had determined that our annual regular process was just as you said, the cost of doing business.
- Christopher Cabaldon
Legislator
And why bother paying us for the check when they could just have it on their property tax bill? Maybe they're claiming a deduction, I don't know.
- Christopher Cabaldon
Legislator
So the lien is really an important way to focus the expense, not the average expense across the entire city through the assessment process, but the actual cost on that property owner and make it not an appropriate cost of doing business for the large property absent property owners who need to be paying attention to their property.
- Christopher Cabaldon
Legislator
So I think that due process is really critical. But the law also already accommodates and provides for that your bills very, very carefully tailored in order to accomplish that.
- Christopher Cabaldon
Legislator
And so I'm definitely in support of, I think, and I'm glad to hear that you're going to continue to work on the issues that Senator Arreguin has identified because we both have the scars from it, and it's. It's important that we get it right.
- Christopher Cabaldon
Legislator
But you're definitely on a key issue here that is really critical for public safety and for holding especially large and out of city property owners accountable for the imminent threats to public safety that they're causing.
- Laura Richardson
Legislator
I just wanted to thank the Senator for very clearly describing the process, that was requested by some of the members, and we'll certainly incorporate that as we put it in the amendment. But the Senator spoke spot on to the normal process for cities.
- MarĂa Elena Durazo
Legislator
Yeah, I just want to. I appreciate that we were reminded that there's already required a process for granting hardship waivers. Yes. And second, that this is about collecting costs is already in place as well. But I'd like to give ACLU, if you want, a minute or so, to respond to any one of these issues.
- Mica Doctoroff
Person
Thank you, Madam Chair. I think what I would just emphasize is that this bill is not a question as to whether a lien can be imposed. It is the process by which a lien would be imposed.
- Mica Doctoroff
Person
And it is our view that in order for a lien to be placed on somebody's property, somebody's home, that there should be a judge involved, that it should require civil litigation. And under- understanding that that takes longer and can be more costly. There are very important reasons for that.
- Mica Doctoroff
Person
This is sort of a fundamental principle of our legal system, of our Constitution. It is the bedrock of due process. And the problem with an administrative process for imposing liens is that property owners don't typically have the legal sophistication to represent themselves in what is sort of a quick process.
- Mica Doctoroff
Person
We've seen this also in the context of civil asset forfeiture, where people's property has been forfeited through administrative processes and they are rape for abuse and also put property owners at a really significant disadvantage.
- Mica Doctoroff
Person
And so it is our position that sort of setting aside the question of whether a lien can be imposed, it's just about the process by which a lien should be imposed. And we believe that that should remain, you know, as is- as is under current law, where you would have to.
- Mica Doctoroff
Person
Where code enforcement would have to go to court and have the involvement of a judge who would oversee the process as opposed to relegating it to an administrative process. So just wanted to point out that we're not arguing and want to make clear that this isn't a question as to whether or not
- Mica Doctoroff
Person
liens are an appropriate, you know, issue, but just the process by which they should be imposed.
- MarĂa Elena Durazo
Legislator
Thank you very much. Oh, sorry. I'm sorry. Senator Seyarto.
- Kelly Seyarto
Legislator
So to sum it up, your bill is just trying to give teeth to the community's ability to get land, people who own lands to keep their land cleared of debris and nuisance stuff. And I think the best way for people not to get a lien is to take care of their property.
- Kelly Seyarto
Legislator
And when somebody becomes a property owner, whether it's a home or vacant land, it's their responsibility to follow the laws that are really meant to protect other people as well. Because if the neighbor's property is dilapidated, that means my property is worth a lot less. A lien does not mean you're losing your property.
- Kelly Seyarto
Legislator
A lien means when you sell your property, you have to pay off the lien. So there's nothing in here that I think is that damaging to a homeowner or landowner when what they're doing, they should have taken care of it themselves and they wouldn't be doing any of this process. And nobody has to worry about this.
- Kelly Seyarto
Legislator
This is a frustrating issue for a lot of communities, especially more rural communities, when you have land between homes and absentee ownership. A lot of these big lands are bought by entities that are hoping that someday growth will catch up. And their lot that they bought for 100 grand is going to be worth $2 million.
- Kelly Seyarto
Legislator
Well, that investment requires attention by the person that owns it. I like your bill, and I think I'm going to be supporting your bill today. I don't think it's too broad. I don't think it.
- Kelly Seyarto
Legislator
I think you have narrowed it to the issue at hand, which is how the heck do we make people keep their lands clean so that they don't affect other people? And so I appreciate that, and I appreciate your willingness to try to and, you know, to work with everybody's concerns.
- MarĂa Elena Durazo
Legislator
Okay, wait. Senator. The motion has been moved by Senator Arreguin. Assistant, would you please call the roll?
- Committee Secretary
Person
The motion is do pass as amended to the Committee on Judiciary. [ROLL CALL]
- MarĂa Elena Durazo
Legislator
The bill we closed the roll and the vote was 7 to 0. I want to thank the witnesses for being here, please. Thank you very much. Okay, Senator Richardson, SB 777, you may proceed.
- Laura Richardson
Legislator
Alright. I believe we're still at. Good morning. Good morning, Madam Chair, Members of the Senate Local Government Committee. I'm here to present SB 777, Abandoned Endowment Care Cemeteries, Local agency Possession and Responsibility. Let's start with some background information. There are. And permission to pass out.
- Laura Richardson
Legislator
What is being passed out to you is showing you what are the cemeteries by county so you can see what's in your particular districts. And we've also included some pictures to show you exactly why this bill is so necessary. There are 2,000 to 3,000 cemeteries in the State of California.
- Laura Richardson
Legislator
Cemeteries are owned and managed either publicly or privately. Public cemeteries. In the early years of the State of California, small cemeteries simply grew by the need of communities for burial grounds. By the turn of the century, however, many had fallen in disrepair and citizens became outraged over the gross neglect suffered by many unfunded cemeteries.
- Laura Richardson
Legislator
So in 1909, the enabling act creating public cemetery districts was adopted. The purpose was to assure a respectful and cost effective interment of human remains. Today, over 256 communities are served by public cemetery districts throughout California. Public cemetery districts are located primarily in remote rural areas where private cemeteries cannot operate profitably.
- Laura Richardson
Legislator
Public cemetery districts are publicly funded by property tax dollars which have experienced a decrease a reduction of over 34% since 1991. Despite the increase of burials and cremations being required since 1985, all public cemetery districts have been required to collect endowment contributions to fund long term maintenance.
- Laura Richardson
Legislator
However, there are insufficient funds to pay for the pre 1985 unfunded cemeteries and there isn't sufficient time to accumulate the amount of money necessary to cover the post 1985 cemeteries that go unfunded. The second part of operation of cemeteries are conducted by private cemeteries.
- Laura Richardson
Legislator
The private cemeteries act regulates the ownership, control and maintenance of private cemeteries in the state. The Cemetery and Funeral Bureau within the Department of Consumer affairs licenses and regulates private entities with a role in the cemetery and funeral industries.
- Laura Richardson
Legislator
Further, the bureau monitors licenses for compliance with its regulations and can suspend or revoke licenses in response to a violation. Since September 7th, 1955, state law requires any cemetery established after 1955 must be an endowment care cemetery. An endowment care cemetery is one in which funds are available for operations of the cemetery intended into perpetuity.
- Laura Richardson
Legislator
A cemetery is considered abandoned when a license no longer exists to operate. Last year, AB 651, sponsored by Assemblymember Gibson, was adopted to establish a process that allows the courts to appoint a temporary manager for an abandoned cemetery until a new manager may be hired.
- Laura Richardson
Legislator
When you consider the 187 private cemeteries in the State of California that are subject to abandonment due to the fact that they were built and operated prior to the 1955 Endowment Care Fund, SB 777 is necessary.
- Laura Richardson
Legislator
Currently, the bureau manages the Endowment Fund accounts of an abandoned cemetery and maintains the contracts for burial, but it is not responsible for the care and maintenance of the property itself, which is why you see the pictures that we've provided.
- Laura Richardson
Legislator
Abandoned endowment care cemeteries can become public nuisances and challenging or dismaying for family members that want to visit their loved ones. It also becomes an eyesore for the communities and will also depreciate the value of other properties in the respective cities and counties.
- Laura Richardson
Legislator
Environmentally, digging up bodies for conventional burials, particularly those involving caskets and embalming fluid, can have environmental impacts, including soil and water contamination, resource depletion, and greenhouse gas emissions. Under current law, a court can appoint a temporary manager, as I stated, or a county can choose to take over maintenance.
- Laura Richardson
Legislator
But because it's optional, no county has done so, leaving the bureau to manage the funds and volunteers to try to keep the cemetery going. This issue is likely to get worse and frankly, it's unacceptable. Our loved ones that paid to be buried deserve the same dignity and death as they had in life.
- Laura Richardson
Legislator
SB 777 proposes to address this issue by requiring a local agency designated by LAFCO to take over the care and maintenance of an abandoned endowment cemetery. Under SB 777, if one year passes, the bureau must notify the applicable LAFCO that there is an abandoned endowment cemetery.
- Laura Richardson
Legislator
To summarize, as we spoke to many people with this whole process, the issue seemed to be that with the endowment, the biggest effort that we're making in SB 77, that potential cities or counties could then be responsible for these cemeteries had to do with liability, of course.
- Laura Richardson
Legislator
So the current process with the bureau is that the the principal of the Endowment Fund is held and then the interest is then used to do ongoing maintenance. The question is what happens if that is not sufficient? And so that has been the question.
- Laura Richardson
Legislator
So in SB 777 we now allow that some of the principal may be used to actual to cover the additional potential costs that are required because some of the cemeteries also have road issues, walkway issues, many, many issues, as you see in the pictures, that we provided.
- Laura Richardson
Legislator
So the intent of this bill is to ensure that one, endowment care facilities or endowment care cemeteries would have the use of both the interest and the principal.
- Laura Richardson
Legislator
The other issue is, is that this bill allows for public cemetery districts to now support those cities or counties, because, frankly, cities and counties do not have experience running a cemetery.
- Laura Richardson
Legislator
So the hope is, is that the public cemetery districts would provide the internment services, and then the city or county would provide the typical landscaping and public works service, which they typically provide for any park that's in their district. Would be an example of that. I will pause there.
- Laura Richardson
Legislator
And now I do have a witness here again, Mr. Nicolo De Luca. And also I have a resident, Aisha woods, who has helped with a Compton cemetery in my district, and they're prepared to provide testimony.
- MarĂa Elena Durazo
Legislator
Welcome. Good morning. And each of you has two minutes to speak. Thank you. Who would like to speak?
- Niccolo De Luca
Person
Thank you. Chair Durazo, Vice Chair Troy and Members of the Committee. Nicolo DeLuca here on behalf of the City of Compton, really want to thank the Senator again for strong leadership on this. I will be brief. Just in Compton stands Lincoln Memorial Park Cemetery.
- Niccolo De Luca
Person
This is a site that holds immense historic and emotional significance, not just for Compton, but for the whole region. The history is in 1934. Compton businesswoman Irene Morris was one that she founded the cemetery.
- Niccolo De Luca
Person
And this was one of the few burial grounds in Southern California where families from diverse backgrounds could lay their loved ones to rest with dignity during a time of systematic segregation and. And exclusion. Today, that sacred ground has been left in legal and financial limbo since the cemetery's license was surrendered in 2023.
- Niccolo De Luca
Person
The regulatory body has managed the trust, but no one's taking care of the actual maintenance. The grounds are deteriorating, grave sites have been vandalized. And again, I mean, we're talking about a cemetery. So it's heartbreaking to those families. So as the Senator said, SB777, it's a necessary and humane intervention.
- Niccolo De Luca
Person
It establishes a clear structured process to transfer ownership and maintenance responsibilities for these abandoned endowment care cemeteries to a local agency designated by the county's lafco. Just in closing, we understand and appreciate the concerns raised about long term maintenance obligations, liabilities and the strain these responsibilities, these responsibilities could place on local agencies, the City of Compton.
- Niccolo De Luca
Person
We're committed to continuing the conversation with all stakeholders, legislators, regulators and local government partners. So very grateful for the Senator's leadership on this important piece of legislation and respectfully ask for your aye vote. Thank you.
- Aisha Woods
Person
Hello, Madam Chair and Committee. My name is Aisha Woods and I'm a community volunteer for Lincoln Memorial Park Cemetery. I've been there for about a year and a half and had to deal a lot with the tremendous burden, burden of taking care of maintenance. It's a labor of love, but it's extremely hard.
- Aisha Woods
Person
My mother resides there and I've known of this cemetery all of my life and the one across the street. The main problem that I have that I know that this bill will support and I am in support of. I'm sorry, I'm extremely nervous. I'm.
- Aisha Woods
Person
I'm in support of this Bill because now it's a clear cut way of really the city and the county and legislation really understanding what can be done. It's clear. Unlike what has been happening where local government really didn't know how to apply AB651 or you know, deal with it properly with this bill.
- Aisha Woods
Person
I know that there will be a clear cut way of coming in and having support the support that we need. As stated, this cemetery was built in 1934. It was for. It was actually the first in LA Los Angeles County to be built in purpose of having non restrict restricted burials. And as he mentioned, Ms.
- Aisha Woods
Person
Irene Morris was the first female and businesswoman and black female businesswoman to be a manager over a cemetery. As well as that I've had to deal with. Well since I've been there on the grounds, the community and I have been cleaning up the. The cemetery. And not only that we had to deal with thief thieves.
- Aisha Woods
Person
So we've had pictures that you may see. Sorry, sorry. The p. Sorry. The pictures that you may see are of the mausoleum and even buffalo soldiers and other veterans whose headst been stolen. So yes, we would have. We. I've dealt with a lot for the past couple of years.
- MarĂa Elena Durazo
Legislator
Thank you Ms. Woods. Appreciate you coming up, both of you. Mr. DeLuca, is there anyone else in support of SB 777 that would like to come up and give your name and add and. And position? No one. Welcome.
- Kayla Woods
Person
Hi, my name is Kayla Owens Woods and I support as a community member SB777.
- MarĂa Elena Durazo
Legislator
Thank you very much for coming. Okay. Seeing no one else, is there Anyone opposed to SB777 as a lead witness? You want to come up? No. Go here if you.
- Jean Hurst
Person
I'll be quicker than that, Senator. Good morning, Madam Chair and Members. I'm Jean Hurst. Here today on behalf of the Urban Counties of California, the association of the 14 largest counties in the state, here with my local government colleagues in respectful opposition to SB777.
- Jean Hurst
Person
We really want to first extend our appreciation to the and her staff for spending a great deal of time with us talking about this Bill and for her openness to our concerns. Also want to extend our appreciation to the Committee consultant for the excellent analysis that incorporates a number of our concerns about the Bill going forward.
- Jean Hurst
Person
And I want to reiterate that we are deeply sympathetic to the situations where private cemeteries have been abandoned and left vulnerable to vandalism and decay, especially for family Members whose loved ones are interred. However, for the vast majority of the local governments in the state, we currently do not provide cemetery services.
- Jean Hurst
Person
So this would be a new responsibility for us. And frankly, it's difficult to consider accepting this kind of responsibility from a private sector entity that has essentially abandoned its operation.
- Jean Hurst
Person
We understand that There are insufficient endowment funds in the state's Endowment Care Fund for these cemeteries to continue to be maintained and operated, which frankly raises the concern that the state is transferring its own liabilities to a local agency and perhaps even incentivizing a private entity to simply abandon its property and liabilities without consequence.
- Jean Hurst
Person
We understand that that is not the intent of this Bill, but believe that the current framework is insufficient to protect from those issues. Finally, it's really important to communicate that we all agree that this Bill is a new mandate for which the state should be providing resources.
- Jean Hurst
Person
And while we are asking for a no vote today, we are committed to continuing to work on this matter as the legislation moves through the process. So thank you very much.
- MarĂa Elena Durazo
Legislator
Thank you very much. Is there anyone else in opposition? Please come forward. Give your name, organization and where you stand.
- Sarah Ket
Person
Sarah Ket, on behalf of the , in respectful opposition, willing to work with the author to address our concerns. Thank you.
- Eric Larry
Person
Eric Larry, speaking on behalf of the in respectful opposition. Thank you.
- Johnnie Pina
Person
Good morning. Johnny Pina with the in respectful opposition. Thank you.
- Marcus Detwiler
Person
Good morning, Madam Chair, Members. Marcus Detwiler with the in opposition. Thank you.
- Jerry Desmond
Person
Chair Members, not in opposition, but on an issue that was raised by the opposition. Brings me to the. To the table here. I'm Jerry Desmond with the . We're fine with the bill in its present form and appreciate the efforts of the author.
- Jerry Desmond
Person
But on the issue of the legislation or current law providing an incentive for cemeteries to abandon, I feel obligated to mention that our Association supported the Gibson bill last year with the authority to appoint a manager and changes in the law.
- MarĂa Elena Durazo
Legislator
Okay, we don't have that title or that position. Understood. Thank you. Thank you very much, though. Thank you for being here. You come back here to the Members, the Committee. Permission to respond. Hold on a second. Any Members? Questions? Comments? Okay. Seeing none. zero, wait. Senator Cabaldon.
- Christopher Cabaldon
Legislator
Yeah. Thanks for bringing the bill forward. And I can tell there's a lot behind this, the story. I'm struggling with the statewide application here. As it turns out, my district office in Vallejo is owned by the Endowment Fund for the. For the Skyview Park.
- Christopher Cabaldon
Legislator
It's a big issue in the community there, and Vallejo is far below its police staffing. It's unable to provide the local match for a variety of housing and homelessness programs. It's in tough financial Straits and I'm trying to imagine them being legally required to accept title and then responsibility for the costs.
- Christopher Cabaldon
Legislator
And they don't and as has been said, they don't have any expertise in that area. The town of Sonora, which isn't in my district but it's nearby here and it is also in the Rural County category. The town is 5,000 people. They have very few of the departments that we would even think of to operate.
- Christopher Cabaldon
Legislator
And so their, their capacity to manage this through this. They can't just add it as a new responsibility on their staff because they don't, they have very few staff to start with.
- Christopher Cabaldon
Legislator
And so I want to be supportive of the solution of this problem in Compton and Carson and maybe elsewhere, but would really, I think it's worth a look and would certainly urge you to take that look because on the floor I'd have a hard time with a process that could lead to Vallejo or even Solano county having to take responsibility for that cemetery or Sonora or other places.
- Christopher Cabaldon
Legislator
And so as you think, as you move this through, please think through the, the geographic parts and the impacts on some of the rural places where the capacity just isn't there. And we may need, we need a solution, but it may not be this one.
- MarĂa Elena Durazo
Legislator
Thank you. Okay, Senator, wait, hold on. Senator Laird and then the Vice Chair.
- John Laird
Legislator
Just a brief comment. I'll subscribe to those comments. And I think that we had a
- John Laird
Legislator
bill in Judiciary that was designed to address a specific geographic problem and applied to the whole state and we gave the author the chance to go back and figure out how to make sure that the individual problem was addressed and allow the author to continue to work. And I would just say think about that as an option.
- Steven Choi
Legislator
Thank you Chair. I can understand the issue on hand right now and we are trying to find some ways to address but the only issue seem to be local agencies who are not expertise as well as with no ongoing maintenance budget set aside and taking over that responsibility which was not the local government's responsibility to begin with.
- Steven Choi
Legislator
So abandoned problem and lack of maintenance and eyesore property value impact nearby homes or villages or towns. And then also the, the people who may still visit the grave site for their ancestors burial may feel very unsafe and uncomfortable to visit such unsightly and unsafe not well managed sites.
- Steven Choi
Legislator
It would be very unpleasant if that was the case for me. So I see the problem but as I hear by providing this kind of the way out with the lack of endowment Fund and eventually somebody else will take over. So I would have liked to See to prevent them from measures if not in this Bill.
- Steven Choi
Legislator
But I think in the future we need to address separately or if you can add amendments in here the ways we can prevent the future this type of bankruptcy of the original owner or management company because original down payment requirement was to prevent this kind of situation.
- Steven Choi
Legislator
So it's very difficult right now for me to find the best solution.
- Steven Choi
Legislator
But as a former City Council Member and the mayor of City of Irvine, if my city was faced with that kind of a dilemma then probably citizens may not like it for city to take over the responsibility and ongoing maintenance and the rising costs obviously in the future.
- Steven Choi
Legislator
So it's very difficult and which side to stand on this issue. I'm so struggling. And if you can address how we can prevent the future happenings, I'm sure there will be new cemetery site developers may come in as for investment purposes, for business purposes with a short sighted planning.
- Steven Choi
Legislator
But we are now with the age of this cemetery, we are facing unexpected outcomes. So if you can address your thoughts on my concern, I would appreciate it.
- Unidentified Speaker
Person
Yes, sir, permission to respond? Yes, go ahead. Senator. I'm going to be the Solomon to help show the solution ideally to this. First of all, I want to bring out a couple points. There are only currently seven abandoned cemeteries. So we're not talking about 100, 200, 500, 2000, 3000 abandoned cemeteries. There are only currently seven.
- Unidentified Speaker
Person
Second of all, I want to make sure and I tried hard in my notes to give you a lot of data and maybe it was too much, as I believe the gentleman of the Association was attempting to share is that actually since 1955 cemeteries have been required to have sufficient endowment funds.
- Unidentified Speaker
Person
In fact, the endowment funds of 186 cemeteries or owners that could have multiple cemeteries is an excess of $1.6 billion. So it's not that every cemetery and I would certainly not want to convey that that every cemetery out there is now going to.
- Unidentified Speaker
Person
You know, that's why they, that's why the state in its wisdom required the endowment funds. What we're talking about are the public and private cemeteries that exist that existed prior to the endowment Fund being required. So this is what I've learned and only about 12 weeks on the job.
- Unidentified Speaker
Person
So I want to thank the Members who've come forward actually in opposition because as you noticed, they stated they were willing to continue working with the author.
- Unidentified Speaker
Person
So I would respectfully request and I know committees, we really don't like to do it, but if you would support the Bill, my commitment is between now and appropriations to implement the following things. One, we need to make sure that the Bill clearly states that the public cemetery, LAFCO would receive the information from the Department. Right.
- Unidentified Speaker
Person
That this cemetery has become abandoned. LAFCO would then advise the city or county. The city or county says, as what has been presented, we don't know how to manage cemeteries.
- Unidentified Speaker
Person
So we need to be clear and prepare the public cemetery districts to be able to take on all responsibilities regarding cemetery services, internment services, which is what they do currently now for public cemeteries. So there already is a group that does it, that's able to do it. It just leads to your second point, Mr.
- Unidentified Speaker
Person
Choi, and that is, and also to you, sir, of how do we pay for it?
- Unidentified Speaker
Person
So how we pay for it is, again, this Bill was set up to say, as the person in opposition stated, the reason why we're now allowing to not only use the interest but a portion of the principal is to make sure there is sufficient funds to pay for the maintenance of the cemeteries.
- Unidentified Speaker
Person
Going forward, of course, the possibility that this may grow.
- Unidentified Speaker
Person
So my commitment to working with those in opposition and here in the Committee is we need to look at the existing fees that exist regarding providing a cemetery and potentially creating an endowment special assessment that would help to backfill any other additional funds that may not be covered by the endowment process.
- Unidentified Speaker
Person
So I, as the author, I remain committed to working with those in opposition to clearly check off the box on those two points.
- Unidentified Speaker
Person
One, to make sure that cities and counties are not responsible to provide internment services, which they're not prepared to do, and number two, to make sure that if then they are going to be responsible, that they're going to have the necessary funds to pay for it, which, zero, by the way, I believe it's SB90.
- Unidentified Speaker
Person
Cities and counties have the ability to issue a claim if they provide any services, and in fact, they incur those services and they have to be reimbursed. There actually is a state process for that, but we need to go further to make sure there's sufficient funds so cities and counties don't feel strained by assisting in this matter.
- Unidentified Speaker
Person
Finally, I would, finally, I would say, whether you like it or not, actually, unfortunately it does ultimately become the city and county because if someone walks away from a cemetery, and I showed you pictures of an example of one the city and county ultimately has to look at, how many years are we going to continue to allow it just to sit and to be vandalized and weeds and so on?
- Steven Choi
Legislator
Just a follow up question quickly. I hear that you are not allowed to use the principal. So when they start using the principal, it'll just run out of the Fund in short or long, whatever510 or 50 years later. So after that, what's going to happen? That's one concern.
- Steven Choi
Legislator
And also secondary good news to hear is that the local agency will have a right to claim to the state for reimbursement for the cost. Is that right?
- Unidentified Speaker
Person
Yes. So what my commitment as the offer is to work with the Committee staff and to also work with the Department to look at what special Fund assessment could be applied because certainly the. There's a $750 annual fee for a licensee for any cemetery.
- Unidentified Speaker
Person
So if you take that amount, multiply it, you're talking about, you know, a budget they have approximately of 1.5 million. Clearly that's not. That only takes care of the role of the Department, their audits and all the work that they have to do.
- Unidentified Speaker
Person
So we will be working with the Committee, we'll work with those in opposition and with the Department to look at what other funding mechanisms could be created to make sure there are sufficient funds. Because yes, it would be difficult certainly for a city to cover that.
- Steven Choi
Legislator
Yeah. To hear your very positive. And the flexibility to work with the Committee and then also opposition from my original position of opposition as a local government official formally I will support this Bill today. Thank you.
- MarĂa Elena Durazo
Legislator
I just want to quickly make a comment that currently there are no amendments in front of us, so we're voting on the Bill as, as it is. But I do appreciate that you're trying to tackle something out there that there's no clear cut solution for. And so I want to commend you for that.
- MarĂa Elena Durazo
Legislator
We either do something, try something, or we walk away and what's left is these abandoned cemeteries. And nobody wants to take that on because it's not profitable. And so, you know, it's not, you know, glitzy, it's not a fun thing to do. It's taking on something that really is getting more and more difficult to solve.
- MarĂa Elena Durazo
Legislator
So with that, I appreciate your willingness to take this on. And we will vote now unless you have a final, final comment.
- Unidentified Speaker
Person
My final final is I respectfully asked for a Nye vote. I look forward to working with the Committee to accept any amendments deemed necessary. And I want to thank our witness, Ms. Woods for coming.
- Unidentified Speaker
Person
They drove here from Los Angeles last night to get here to tell you the real world of what people are experiencing and what we want to avoid going forward.
- MarĂa Elena Durazo
Legislator
Thank you, Madam Chair. And thank you, Ms. Woods, on our behalf, for. For being an active participant in this democracy that we have. Thank you very much. Call the roll. zero, no. zero, I'm sorry. Motion. Do we have a motion? Okay. Senator Choi moves the Bill. The motion is due. Pass to Appropriations. Assistant, please call the roll.
- Unidentified Speaker
Person
And that's it for Richardson for today. Thank you for this.
- MarĂa Elena Durazo
Legislator
Senator Seyarto. Item Number 8, SB 74. You can proceed, Senator.
- Kelly Seyarto
Legislator
Thank you, honorable Chair, and I'm here to present SB 74. First, I would like to thank the Committee for working with my staff on this Bill, and I accept the Committee Amendments. From roads to buildings to the electrical grid, California continues to face chronic delays in vital infrastructure projects.
- Kelly Seyarto
Legislator
Additionally, California is notorious for its inability to adequately and timely fund vital infrastructure projects. And as a result, the State's infrastructure ranks below the national average, in 12 out of 13 highway categories. To address these delays, SB 74 will establish the Infrastructure Gap Fund, managed by the Office of Land Use and Climate Innovation.
- Kelly Seyarto
Legislator
The Gap Fund will grant cities and local agencies up to 20% of additional required funding costs that have accrued since the start of construction, on projects that have allocated a minimum of 45% in local tax revenue toward their original completion price.
- Kelly Seyarto
Legislator
The devastating fires across the state and, most recently, in Southern California, have shown vulnerabilities in our infrastructure. However, SB 74 will provide our local agencies and special districts with a resource to complete funding for critical infrastructure projects that have already started construction, can demonstrate financial challenges, and help meet state and local goals.
- Kelly Seyarto
Legislator
With me here today, to speak on behalf of SB 74, is Dave Williams, who is the Fire Chief of the Chino Valley Independent Fire District in San Bernardino. And I think he can kind of clearly outline what the issues are for local agencies all over the state.
- Dave Williams
Person
Thank you. Good morning, Chair Durazo and Members of the Committee. I am Dave Williams, Fire Chief of the Chino Valley Independent Fire District in San Bernardino County. Senator Seyarto has been a tremendous supporter of our Fire District, and it is an honor to be here to show support for Senator Seyarto's Senate Bill 74.
- Dave Williams
Person
SB 74 addresses a growing challenge for public agencies. The funding gap between planning and construction critical infrastructure projects is critical. In recent years, the funding gap has worsened, and construction costs have escalated. We have faced longer times associated with permitting and environmental requirements, such as the California Environmental Quality Act.
- Dave Williams
Person
Special districts, like ours, lack the same resources and tools, as cities and counties, to expedite these types of projects and raise additional revenue. Additionally, there is little to no grant funding or outside support for the construction or remodeling of fire stations, except for direct financing from the state. We rely predominantly on special assessments and property tax.
- Dave Williams
Person
Therefore, we have limited funding sources to build essential infrastructure, such as fire stations, that keep our communities safe. In 2022, our District began the planning of our newest fire station, Station Number 68. At the time, the estimated cost was $13.2 million.
- Dave Williams
Person
The number has now risen more than 57%, to $20.7 million, primarily due to construction costs jumping from $750/square foot to $1,250/square foot for critical infrastructure projects, in the last three years. While we secured $6.25 million from the state, we now face a $6.5 million shortfall, approximately 1/3 of the total project cost.
- Dave Williams
Person
To proceed with our project, we will need to draw on our own reserves to cover the additional cost. SB 74 provides a practical, targeted solution, by offering gap funding to help agencies, like ours, feel more confident about moving forward with critical infrastructure projects.
- Dave Williams
Person
I respectfully urge your support for SB 74 and thank you for the opportunity to be here today.
- MarĂa Elena Durazo
Legislator
Thank you very much. Any other principal witnesses in support? No. Seeing none. We'd like to go to the public and anyone who is in support of SB 74, please come up. Give your name, organization, and obviously, where you stand.
- Nicole Wordelman
Person
Nicole Wertleman, on behalf of the City of Ontario, in support.
- Eric Larry
Person
Eric Larry, speaking on behalf of the California State Association of Counties, in support.
- Eric Will
Person
Eric Will, with Rural County Representatives of California, in support.
- Johnny Pinion
Person
Morning. Johnny Pinion, with the League of California Cities, in strong support. Thank you.
- Ophelia Szigeti
Person
Ophelia Szigeti, on behalf of the California Special Districts Association, in support.
- MarĂa Elena Durazo
Legislator
Thank you very much. We move on now to opposition. Is there anybody who wants to be a witness in opposition? No? Anybody in the public want to identify yourself as an opposition? No. Seeing none. We'll come up to our Committee. Questions, comments?
- MarĂa Elena Durazo
Legislator
Bill has been moved by Senator Wiener. Would you like to close?
- MarĂa Elena Durazo
Legislator
Okay. So, this is do pass, as amended, to Appropriations Assistant. Please do the roll call.
- MarĂa Elena Durazo
Legislator
Okay, so we'll leave it on call. The vote is 3 - 0. Thank you very much for coming today.
- Kelly Seyarto
Legislator
Thank you, Chief, and thank you for not retiring while you were waiting over there. I was afraid I was going to lose you—took so long.
- MarĂa Elena Durazo
Legislator
Okay, we will continue to leave that Bill on call and move on Senator Seyarto item nine. SB255. You may proceed.
- Kelly Seyarto
Legislator
All right, thank you. Honorable Chair, I'm here to present SB255. So I'll begin by thanking again, thanking the Committee staff for their assistance in working on the language of this Bill. SB255 seeks to notify homeowners of any changes to their property deed to limit title fraud.
- Kelly Seyarto
Legislator
While rare, title fraud can be extremely damaging, and title protection companies have done an extremely good job of advertising their product, which has frightened many homeowners into thinking their land or their title is going to get taken from them and their home will disappear. So currently, homeowners seeking to protect themselves from title fraud have a few options, but they are Limited.
- Kelly Seyarto
Legislator
They can, one, consistently check the listings themselves, two, pay a private company to monitor the public listings of housing documents and notify them of any change, or three, hope they live in one of the counties that already offers a title notification program.
- Kelly Seyarto
Legislator
At least eight counties in California already have a notification program for recording a change to a deed, quitclaim deed, or deed of trust. SB255 builds on the existing system by making it mandatory for every county and allowing recorders to charge a fee to recoup the cost of running the program.
- Kelly Seyarto
Legislator
This measure also adds mortgages to the list of documents that require notification. It authorizes electronic notification program and specifies the notification must be mailed prior to the recording of the document.
- Kelly Seyarto
Legislator
By 2027, Erie County will be required to establish a recorder notification program for recording a change in mortgage deed, quickclaim deed, or deed of trust against a property. I respectful asked for. I vote. And with me here today is Scott Kaufman on behalf of Howard Jarvis Taxpayer Association to provide testimony and support and technical assistance.
- Scott Kaufman
Person
Thank you for your time. I am Scott Kaufman, Legislative Director for the Howard Jarvis Taxpayers Association. The importance of this Bill was recently made clear to us in a call we received from a Member of our Association.
- Scott Kaufman
Person
The Member called to tell us about a man that had attempted to add his new wife to his title, through the spousal exemption, but wrote the wrong parcel number, got it wrong by one number. And while he failed to add his new spouse to his property, he somehow managed to add himself to our Members property.
- Scott Kaufman
Person
To make matters worse, our Member was unaware of the issue until she started to receive junk mail in the man's name. Ironically enough, some of these title lock groups were sending mail in his name. Ultimately, she worked with the assessor's office and everything was corrected. Although the man was unresponsive until contacted by an attorney.
- Scott Kaufman
Person
It is alarming to hear that someone could accidentally add themselves to another person's title. It's even more concerning when considering that the purposeful title theft is a crime on the rise. That's why SB255 is so necessary. It would give property owners peace of mind and protection from fraud.
- Scott Kaufman
Person
I have six, but I think, I think I heard you say eight counties, both big and small, already offer this service either by mail or email. Mandating this program statewide can be done and it is important that it be done. And I ask for your aye vote. Thank you.
- MarĂa Elena Durazo
Legislator
Okay. Anybody in the public in support of this Bill, please come forward. Let's see, none? Anybody in opposition? If you would like to take a two minutes. You need that much time? Okay. Thank you.
- Rob Grossglauser
Person
Thank you. Madam Chair. Rob Grossglauser on behalf of the County Recorders Association of California. We have no position on the Bill currently. We did want to thank the Committee and the Senator for working with us on the new amendments to the measure.
- Rob Grossglauser
Person
We're still analyzing those to ensure that all 58 counties would be able to administer and implement. We're very supportive of the efforts to protect homeowners and combat fraud as evidenced by our sponsorship of the Bill in 2010 that made it optional.
- Rob Grossglauser
Person
We look forward to continuing to work on it and happy to answer any questions that the Committee has. Those. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you. Thank you for coming. Anyone else in support? Opposed? In between? [No] Seeing none. Members, questions? No? Motion. Okay. We have a motion by Senor Senator Arreguin. So we'll take the call, roll call.
- Committee Secretary
Person
The motion is due pass to the Committee on Judiciary. Senator Durazo? Aye. Durazo, aye. Choi? Arreguin?.Arreguin, aye. Cabaldon? Laird? Seyarto? Seyarto, aye. Wiener?
- MarĂa Elena Durazo
Legislator
Okay 30 on call. Thank you very much for coming. Appreciate it. We will now proceed to SB239 item 10. Senator and I just want to let us know that we have to be out of this room at 12 o'clock otherwise we have to come back sometime later this afternoon. Time to be determined.
- MarĂa Elena Durazo
Legislator
So just keep in mind the timing here. Okay. Senator Arreguin, if you would proceed.
- Jesse Arreguin
Legislator
Well, thank you Madam Chair and fellow Committee Members. Thank you for the opportunity to present Senate Bill 239 which will provide local and regional non voting advisory bodies with the flexibility to conduct meetings remotely if the bodies still provide a staffed meeting room for the public to participate in person.
- Jesse Arreguin
Legislator
I want to note that I will be accepting the Committee amendments which are technical in nature and thank the consultant for their work on this Bill and those amendments are described on page seven of the Committee analysis. Just briefly highlight.
- Jesse Arreguin
Legislator
I think the most substantive change is adding a sunset clause that if this Bill were to pass and be signed by Governor Newsom that these provisions would be in effect until January 12030 and that's aligned with other laws that we passed in recent years to amend the Brown Act.
- Jesse Arreguin
Legislator
In addition, the other Committee amendment would require that the physical meeting location be staffed by either staffed by the subsidiary body or the legislative body because some subsidiary bodies don't may not have their own staff and would would also allow the subsidiary body to make the specific findings to enable this these specific provisions by 2/3 vote.
- Jesse Arreguin
Legislator
But back to the Bill and the purposes of the Bill. The COVID 19 pandemic showed us all that meeting remotely can improve efficiency and accessibility for everything from routine work meetings to public meetings subject to the Brown Act.
- Jesse Arreguin
Legislator
However, at the end of the pandemic era, remote meeting flexibility has caused many community Members to resign from local advisory bodies due to conflicts with work, caregiving disabilities or long driving distances needed to attend meetings in person. Participation in our democratic processes is a key way of building trust in our institutions.
- Jesse Arreguin
Legislator
Yet limited options for engagement make it difficult for many to have their voices heard. Many local governments create advisory bodies to ensure that citizen input is received for varying issues prior to enacting ordinances or taking final actions by the legislative body.
- Jesse Arreguin
Legislator
Local governments have struggled to attract Members and to achieve a quorum of the public to serve on these advisory bodies due to the requirement that these bodies meet physically in person. Qualified Members of the public who would be an important voice for diverse issues, have reasonable concerns about time constraints that leaves them unable to participate.
- Jesse Arreguin
Legislator
The Ralph M. Brown act, established in 1953 ensures that the public has adequate access to participate in government decision making processes. This essential democratic right remains just as relevant today. However, the conditions of our society have changed, necessitating updates to this critical law.
- Jesse Arreguin
Legislator
As specifically we discussed at that informational hearing, we had at the beginning of this Committee's work this session. While remote meeting is possible under current law, Members must post the address of the remote location and open it to the public. Often the most convenient and accessible location to participate in a meeting is from someone's home.
- Jesse Arreguin
Legislator
This reality is exacerbated by those who live in rural locations where there are simply fewer public locations willing to accommodate somebody participating in a meeting who may be joined by Members of the public.
- Jesse Arreguin
Legislator
As the Mayor of the City of Berkeley during the COVID 19 pandemic, I saw firsthand how teleconferencing allowed more participation on advisory bodies and more robust participation from the public. This flexibility makes sense in today's modern world.
- Jesse Arreguin
Legislator
Senate Bill 239 would allow Members of the public who serve on bodies that are simply advisory in nature, meaning no decision making powers, final decision making powers, to meet remotely without needing to post their home address or open their home to the public.
- Jesse Arreguin
Legislator
The Bill requires that the authorizing legislative body or subsidiary body approve the teleconferencing capability by two thirds vote and make findings and declarations about the need for remote participation. Members of the advisory body are statutorily required under this Bill to appear on camera and announce if there are any other adults in the room at their remote location.
- Jesse Arreguin
Legislator
They may only turn off their camera in the event of an Internet connectivity issue, which they also must announce. Additionally, this Bill does not allow advisory bodies that have jurisdiction over more sensitive matters, namely police oversight, elections, or budgets, to use this remote teleconferencing capability.
- Jesse Arreguin
Legislator
Elected officials serving on advisory bodies may also not use the flexibility provided if they serve on an advisory body as well. Any recommendations made by that advisory body would be subject to approval by the parent legislative body that created it.
- Jesse Arreguin
Legislator
SB239 would also improve meeting accessibility for the public at large, ensuring that the public can also view and participate in remote meetings, while also ensuring that there's at least one staffed in person meeting location to attend and participate in a meeting.
- Jesse Arreguin
Legislator
These provisions will ensure that the fundamental functions of our local governments reflect the true diversity of our communities and provide open access to the public.
- Jesse Arreguin
Legislator
While I understand and agree with the opposition's concern about public access to all governmental meetings, I believe that Senate Bill 239 strikes a reasonable balance to bring our government into the digital age while providing meaningful opportunities for public participation, and I look forward to ongoing discussions with all stakeholders as this Bill moves forward, if it moves out of Committee today.
- Jesse Arreguin
Legislator
With me to testify today is Katie Latish, who serves on Yolo County's in Home Supportive Services Advisory Committee, as well as Michael Baladini from Napa County. I'll just note that our second witness, Gabriella Orantes, a Member of the Metropolitan Transportation Commission's Policy Advisory Council, actually had to leave for caregiving responsibilities.
- Jesse Arreguin
Legislator
So she did have to go home, which I think clearly illustrates the need for this Bill.
- Jesse Arreguin
Legislator
But she wanted me to express her strong support for this Bill and the support of her fellow Advisory Committee Members and how it has allowed her and others who are parents who have caregiving responsibilities to participate in these advisory bodies more fully. So thank you, Madam Chair. Let our witnesses proceed.
- MarĂa Elena Durazo
Legislator
Thank you. I don't know who wants to go first. Yes. Okay. Mr.
- Michael Baldini
Person
Madam Chair. Senators, my name is Michael Baldini, and again, I represent Napa County, one of two appointees to the Metropolitan Transportation Policy Advisory Council. And further, the Senator's comments. I'm actually the number three. So our chair of the board couldn't make it and then Gabriella had to leave early.
- Michael Baldini
Person
So I'm number three, a former Vice Chair of the Metropolitan Transportation Commission Commission Policy Advisory Council.
- MarĂa Elena Durazo
Legislator
So I just want to remind. I'm sorry, I don't mean to interrupt. I just want to remind you. Each of you have two minutes.
- Michael Baldini
Person
Yes. All right. Very good. Thank you. So I'm speaking on behalf of Gabriela Orontes. MTC, a co sponsor of Senate Bill 239, is a transportation planning, financing and coordinating agency for the nine counties. San Francisco Bay Area Metropolitan Transportation Commission. In that role, MTC prioritizes, distributes billions of transportation dollars each year.
- Michael Baldini
Person
The mission of the 27 Member policy advisory Council is to advise the Metropolitan Transportation Commission on transportation policies in the Bay Area. I was. Gabrielle was appointed to represent the people of color community in Sonoma County. Her colleagues, including myself, represent people with disabilities, underserved communities from around the region, the environment and the business community.
- Michael Baldini
Person
Council Members come from all nine Bay Area counties covering a region that spans nearly 7,000 square miles. For many of us, attending in person means traveling several hours each way without remote options. Serving on the council can become a super commute, a significant barrier to serving again. Gabriella, a perfect example.
- Michael Baldini
Person
The COVID 19 Emergency Brown act provisions make it possible for a more diverse and representative cross section of the Bay Area public to serve on Policy Advisory Council by removing commuting as a condition of participation.
- Michael Baldini
Person
Since those provisions sunset, MTC has lost the perspective of Policy Advisory Council Members who have resigned because it doesn't work for them and their schedules and cannot precipitate. Excuse me. Participate under current law's rigid open meeting requirements. Thank you very much.
- Unidentified Speaker
Person
Thank you, Madam Chair and Senators. By law and in the spirit of the disability rights principle of Nothing about Us without us in home Supportive Services Advisory committees are consumer majority bodies, meaning most people have disabilities. Other seats are for care providers and interested community Members. This composition really highlights the barriers to in person only meetings.
- Unidentified Speaker
Person
Before the pandemic, the Yolo County IHSS Committee had to cancel about one third of our meetings each year because not enough Members could get to the meeting location. In contrast, we didn't have to cancel any meetings during the three years of meeting. Virtually, we gained Members and were particularly productive.
- Unidentified Speaker
Person
The switch back to in person has brought substantial challenges. I've had to decline numerous appointments because I couldn't attend those meetings in person. Travel is difficult for me.
- Unidentified Speaker
Person
It costs about $200 to get an accessible taxi here from Yolo County and even on good days, traveling within my county and attending meetings in person creates significant fatigue and pain and creates flare ups including bouts of incomplete quadriplegia.
- Unidentified Speaker
Person
When meetings were remote in 2020, I used Zoom to attend an IHSS meeting from the hospital while hooked up to two banks of machines the day after life saving surgery due to medical conditions.
- Unidentified Speaker
Person
Throughout 2021 and 2022, I was unable to ride in a car long enough to get to IHSS meetings and sometimes couldn't leave my apartment so couldn't even get the half mile to the City of Winters Natural Resources Commission meetings. If virtual meetings hadn't been allowed, I I would have had to leave both of those advisory bodies.
- Unidentified Speaker
Person
Instead, with teleconferencing, I could continue serving my community. Some modernization opponents have spoken to their desire for Members of the public to stand up and look officials in the eye. This framework is based on an ableist assumption that all can stand and all can see.
- Unidentified Speaker
Person
It negates the lived experience of the millions of Californians who have disabilities and those of us who believe that the content of our minds and hearts and the value of our lived experiences are more fundamental to serving our communities than our ability to be in a physical meeting room.
- Unidentified Speaker
Person
Yolo IHSS would not support requiring a quorum to be in person or that the chair be at an in person location as this would negate the purpose of the Bill.
- Unidentified Speaker
Person
We also would not support treating people with disabilities differently than other Committee Members for quorum as that would make people with disabilities a separate class and would open people up to having to basically out themselves and become subject to discrimination. So I respectfully request your support for SB239. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you very much. Anybody else in the public who wants to please come forward in support. Would you give your name and organization.
- Matt Robinson
Person
Thank you. Madam Chair. Matt Robinson, on behalf of the San Mateo City County Association of Governance Governments. Excuse me. As well as the California Transit Association in support. Thank you.
- Kim Rothschild
Person
Thank you. Good morning. Kim Rothschild, California Association of Public Authorities for In-Home Supportive Services, co-sponsor of the bill requesting your aye vote. And on behalf of the disability and older adult community as well, who couldn't be here today.
- Niccolo De Luca
Person
Nicolo DeLuca here on behalf of the Cities of Oakland and Cities of San Pablo, in support, thank you.
- Jeff Griffiths
Person
Jeff Griffiths, President of the California State Association of Counties in support, thank you.
- Steven Wallauch
Person
Steve Wallach on behalf of the Alameda County Transportation Commission, the Alameda Contra Costa Transit District and the California Association for Coordinated Transportation in support, thank you.
- Marky Sidra
Person
Marky Sidra, on behalf of the County of Los Angeles in support, thank you.
- Ethan Nageler
Person
Ethan Nageler on behalf of the City Clerks Association of California, proud co-sponsors. Also on behalf of the California Association of Recreation and Park Districts, the Cities of Carlsbad and Corona and the town of Hillsborough, all in support, thank you.
- Jessica Cuevas
Person
Jessica Cuevas on behalf of Bay Area Rapid Transit in support. Thank you.
- Ellon Brittingham
Person
Ellen Brittingham with Full Moon Strategies here on behalf of San Diego Community Power in support, thank you.
- Charlotte Dorsey
Person
I'm Charlotte Dorsey. On behalf of the California Senior Legislator, we offer totally our support for this bill.
- Sarah Cat
Person
Sarah De Cat on behalf of the Rural County Representatives of California in support.
- Dorothy Johnson
Person
Dorothy Johnson with the Association of California School Administrators, pleased to support. Thank you.
- Johnny Pinia
Person
Morning. Johnny Pinia with the League of California Cities, a co-sponsor of the bill in strong support. Thank you.
- Dylan Elliott
Person
Thank you. Good morning. Dylan Elliott on behalf of the counties of Marin, Mendocino, Humboldt and Solano, all in support, thank you. Thank you.
- Vincenzo Caparelli
Person
Vincenzo Caparelli on behalf of the California Council of Governments in support, thank you.
- Jeff Neal
Person
Jeff Neal representing the counties of Contra Costa, Imperial and Yolo. All in support, thank you.
- Sarah Cat
Person
Jean Hurst here today on behalf of the urban counties of California, the County Welfare Directors Association as well as the Board of Supervisors of the County of Riverside and support.
- Marcus Detwiler
Person
Good morning. Marcus Detwiler with the California Special Districts Association in support. Thank you.
- Dorothy Johnson
Person
And Georgia Gan Dorman in support on behalf of the Metropolitan Transportation Commission, a co sponsor and the Association of Bay Area Governments, another co sponsor. Thanks.
- MarĂa Elena Durazo
Legislator
Thank you very much. Seeing no more in support. We'd like to have our opposition witnesses come forward, please. And you each have two minutes. And I said this earlier, but I just want to remind everybody that we have to be out of this room at 12 o'clock and then sometime later this afternoon if we have to.
- Cynthia Valencia
Person
Thank you. Good morning, Chair and Committee Members. My name is Cynthia Valencia. I am a legislative advocate with the ACLU, California Action, and with our coalition partners. We respectfully oppose SB239 and we do appreciate the author for the many conversations that we've had on this issue.
- Cynthia Valencia
Person
Our opposition is because it would weaken the Brown act by removing some critical transparency protections and remove long standing requirements that public meetings be held in public places where the public can petition their leaders and other government officials face to face.
- Cynthia Valencia
Person
SB239 gives appointees who are choosing to perform public service by sitting on advisory bodies the ability to participate in government meetings from undisclosed remote locations, potentially off camera and without justification. This Bill prioritizes the convenience desired by public officials over the interests of the public being served by local government.
- Cynthia Valencia
Person
We are strongly in support of legislation that prioritizes increased options for remote participation and access for Members of the public. We would actually support Bagley Keen updates that would allow Members of the public to make public comment. So Gabriella could have made public comment here if. If we had that option with the Bagley Keen.
- Cynthia Valencia
Person
We also want to thank Kate for your consistent representation and discussions on this issue. We're very supportive of very narrow circumstances for ihss. We're very understanding of that. We also recognize the need of people with disabilities and other hardships to be able to participate remotely under certain circumstances.
- Cynthia Valencia
Person
We are supportive of the AG's recent Ada guidance on this issue. We oppose this Bill because it relaxes rules for public officials without tying the flexibility to a need. And we also appreciate that SB239 contains provisions that seek to address the concerns that we raised about legislation last year that failed to advance out of this Committee.
- Cynthia Valencia
Person
However, those are just a few of the subject matter areas that may touch on controversial or complex topics. As written, this Bill invites gamesmanship. There are no guardrails to prevent a city or county from establishing a body that meets the advisory body definition. A recent trend that we have seen are library review censorship bodies.
- Cynthia Valencia
Person
Appointees of these bodies established in highly politicized topics could simply turn down the volume rather than confront critical public comment. For these reasons, we respectfully ask for a no vote. Thank you.
- Dora Rose
Person
Good morning, Chair Members. I'm Dora Rose, Deputy Director with the League of Women Voters of California here in respectful opposition to SB239, and we align our comments with ACLU's. We absolutely support remote access for the public and strongly support flexibility to accommodate officials with specific documented needs.
- Dora Rose
Person
At the same time, Californians deserve to look public officials in the eye, read their body language, engage their reactions to public comment, public testimony. These elements are vital, especially when communities are pushing back on policy ideas that affect their lives and liberties.
- Dora Rose
Person
Research shows that a large percentage of communication is nonverbal, with body language and facial expressions playing critical roles in how we interpret meaning and intent. Meetings that are exclusively online strip away these cues, flow, flatten our interactions, and weaken the public's ability to evaluate the sincerity and responsiveness of public officials. And let's be real.
- Dora Rose
Person
We all know what happens behind screens. People answer emails, they switch between windows. They aren't necessarily paying attention to what's happening in that meeting. And even if that's not happening, critically, people are going to think that it is. And that in and of itself erodes trust in government. And at a time that trust is already fragile.
- Dora Rose
Person
SB 239 would make it routine for folks to enter a city hall or a community center, having rearranged their work shifts, arranged childcare, prepared testimony, and critically summoned the courage to speak, only to find an empty room and a flickering screen.
- Dora Rose
Person
That alone conveys an unmistakable message of official indifference to the very notion of public comment, giving the whole affair the feeling of an empty, pointless formality. Imagine the disappointment and frustration of standing in that room speaking earnestly about an issue that affects your family, affects your community, and feeling like you're addressing a void.
- Dora Rose
Person
Especially for our historically marginalized communities who often lack access to the halls of power, in person interaction is not a luxury. It's often a lifeline. The League of Women Voters urges a no vote. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you very much. Okay. In addition, anyone who is here, please come forward. If you are in opposition, give your name and organization.
- Tracy Rosenberg
Person
Tracy Rosenberg, on behalf of Oakland Privacy and of Media alliance, we are in opposition to the bill unless it includes an in person quorum requirement.
- Danielle Kando-Kaiser
Person
Hello, Chair and Members, respectfully in opposition. Danny Kando Kaiser, on behalf of the First Amendment Coalition, also by proxy, Society of Professional Journalists of Northern California, Pacific Media Workers Guild, Media Guild of the West, Radio Television, Digital News Association, National Press Photographers Association, Latino Journalists of California, Freedom of Press foundation and the Orange County Press Club.
- Brittany Barsati
Person
Thank you. Good morning, Madam Chair, Members of the community, Brittany Barsati, on Behalf of the California News Publishers Association and opposition, as well as the California Broadcasters Association. Thank you.
- Scott Kaufman
Person
Scott Kaufman, Howard Jarvis Taxpayers Association, in opposition. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you very much. Okay. Seeing no more Insight supporter and opposition, we come back to our Member, our Committee Members. Questions? Comments? No. Okay. Seen? None. I'd like a motion. Thank you, Senator. Senator, if you'd like to give your closing remarks.
- Jesse Arreguin
Legislator
Thank you. Yeah. And I just want to clarify to the Senators who just joined, I'm accepting the Committee amendments which include a sunset. These provisions, if enacted, would expire on January 12030 which is aligned with what we've adopted with other Brown act reform provisions as well.
- Jesse Arreguin
Legislator
You know, I think that our witnesses really clearly explained the reason for this Bill. And I think we really struck a very careful balance to make sure we have provisions to ensure transparency and public participation, such as people being able to come to an in person location to speak.
- Jesse Arreguin
Legislator
I'll just note that doesn't preclude any Member of an advisory body to also be there in person. But this provides flexibility for those that can't be there due to caregiving responsibilities, disability, or just the difficulty in being able to get to that physical meeting location to be able to participate remotely as they did during the pandemic.
- Jesse Arreguin
Legislator
This will expand public participation in our advisory bodies in California. I think that's good for democracy. And I want to thank the chair particularly for engaging with me in conversation about not just this Bill, but your Bill, SB 707, and look forward to engaging with all stakeholders regarding this Bill as it moves forward.
- Jesse Arreguin
Legislator
Thank the sponsors for their. Their support as well. Respectfully ask for an aye vote today. Thank you.
- MarĂa Elena Durazo
Legislator
Thank you very much. Okay. Motion has been made by Senate Cabaldon. Yes, please. Roll call.
- MarĂa Elena Durazo
Legislator
Okay. The vote is 4 to 2 and Bill will remain on call. Okay, thank you.
- Steven Choi
Legislator
Sure. Okay, Next up is item number 12 SB 635 by Senator Durazo. And if you are ready, you can make a presentation.
- MarĂa Elena Durazo
Legislator
Thank you, Mr. Vice Chair and Members of the Committee. I want to thank the Committee staff for their hard work and I accept the Committee amendments. SB635 is a significant step towards ensuring street vendors have the protections that they deserve as they participate in local government programs without fear.
- MarĂa Elena Durazo
Legislator
Street vending is an essential part of the cultural and civic fabric of communities all across California. It provides valuable economic opportunities, especially for Low income families and immigrant workers. It offers entrepreneurial individuals the chance to start and grow their own businesses to support themselves and their families. We have many, many stories of success.
- MarĂa Elena Durazo
Legislator
For many vendors, street vending sales are the first step towards climbing the economic ladder and pursuing the great American dream. As the Federal Government intensifies its actions against immigrant communities, this Bill presents a crucial opportunity to safeguard vulnerable workers in California.
- MarĂa Elena Durazo
Legislator
This Bill will safeguard micro business owners personal information to ensure that they can continue their work in peace and safely by enhancing data privacy, clarifying local government programs, and preventing sensitive information from falling into the hands of immigration enforcement agencies. Specifically, this Bill prohibits local sidewalk vending permitting procedures from inquiring into sensitive personal information.
- MarĂa Elena Durazo
Legislator
Today we have the pleasure of hearing from Maria Teresa Castillo from Fresno with Cultiva Salud and Ofelia Ruiz from Los Angeles with Community Power Collective. We will also have someone who will translate both of their testimonies. Right. Is that still okay? And lastly, we have Shannon Camacho with Inclusive Action who can help with technical questions. Okay, great.
- Unidentified Speaker
Person
Good morning Members of the Committee. My name is Ofelia Ruiz. I have been a street vendor for 30 years and I live in the district represented by Senator Maria Elena Durazo in Los Angeles. In the last 15 years, I have fought and organized to legalize and decriminalize street vending. To be able to vend legally without fear.
- Unidentified Speaker
Person
I participated in the state campaigns to pass SB946 and SB972 laws that have created a fair process for vendors through legal channels. Today I vend without fear and I feel happy to be able to help my community through my street vending. I have less stress.
- Unidentified Speaker
Person
I can pay my rent, pay taxes, and help with the economic and cultural development of my city. The legalization of vending has changed my life and I know that my city has immigrants backs since they adopted a sanctuary law and they will not share my personal data.
- Unidentified Speaker
Person
Today I have returned because the national narrative is against immigrants and many cities have strict street vending programs that ask for fingerprints and personal information that prevents vendors from legalizing their businesses. There is fear that this personal data could be shared with ICE, in particular in cities that are not protected by a sanctuary law.
- Unidentified Speaker
Person
Thousands of my colleagues have given their information to cities with the idea that they could become a legal Vendor today. We fear this data will be used to harm us and this includes possible deportation. I am here to ask for your support for SB635.
- Unidentified Speaker
Person
This law will bring much tranquility and security to thousands of vendors in the state because it will protect this personal data so it will not be shared with anti immigrant agencies. The use of personal information in an environment hostile to undocumented people is a serious risk that prevents vendors from legalizing. Vote yes on SB635. Thank you.
- Unidentified Speaker
Person
Hello, my name is Teresa. I have been vending in California for 29 years. I sell raspados, elotes, sodas and packaged sweets. It has been a good experience selling because my husband and I have been able to provide for our three daughters. We were able to send them to college and buy a small house.
- Unidentified Speaker
Person
But it's a big accomplishment for us now. I am a Member of the Street Vending Association of Fresno. I've always tried to get the necessary permits. I hope you will pass SB635 because it provides better security for thousands of my fellow vendors.
- Unidentified Speaker
Person
It can give us security that we can get our necessary permits and not be worried or be afraid that we will be detained or deported for doing things the right way. Thank you.
- Rebecca Gonzalez
Person
Rebecca Gonzalez with the Western center on Law and Poverty. In support.
- Christopher Sanchez
Person
Christopher Sanchez on behalf of CAREC and the Central American Resource Center. In support.
- Rachel Mueller
Person
Rachel Mueller on behalf of Cameo Network. In strong support. Thank you.
- Faith Lee
Person
Hello. Faith Lee with Asian Americans Advancing Justice Southern California. We're in support.
- Cynthia Gomez
Person
Hi. Cynthia Gomez on behalf of the Coalition for Human Immigrant Rights. CHIRLA PROUD co sponsor in strong support.
- Chloe Hermosillo
Person
Good afternoon. Chloe Hermosillo with the California Immigrant Policy center in strong support.
- Lyzzeth Mendoza
Person
Hi. Lyzzeth Mendoza with Community Power Collective, also known as CPC. A PROUD co sponsor and in strong support.
- Steven Choi
Legislator
Thank you. Anyone else? Okay. If not, is there any main opposition witness? If not, any public opposition. Okay. If not, then I will bring back to our Members for questions or a discussion. Okay. Senator Arreguin.
- Jesse Arreguin
Legislator
Well, I'm a proud co author of this Bill. Really appreciate our witnesses being here today. I think this is absolutely critical to protect our street vending community at a time when all people, you know, not just street vendors, but people without legal status are under attack. And I like to move the Bill at the appropriate time.
- Steven Choi
Legislator
Okay. Anyone else? Okay. If not, then is there any motion or would like to close?
- MarĂa Elena Durazo
Legislator
I thank you all for your support for our hard working street vendor businesses. They contribute so much to California. Thank you. And I urge and I vote.
- Steven Choi
Legislator
Okay. Thank you. Any motion? Okay. Motion has been made now. Clerk, please call the roll.
- Unidentified Speaker
Person
The motion is do pass as amended, to the Committee on Public Safety. Senator Durazzo, aye. Durazzo, aye. Choi, no. Choi, no. Arreguin, aye. Arreguin, aye. Cabaldon, aye. Cabaldon, aye. Laird, aye. Laird, aye. Seyarto, no. Seyarto, no. Wiener.
- Steven Choi
Legislator
Okay, four to two. Bill is on call. Thank you. Do you have a second Bill?
- MarĂa Elena Durazo
Legislator
Okay, we're gonna take up the last Bill and everybody just rush-rush.
- Steven Choi
Legislator
Okay, Meeting will continue. Since we have one item and we are conflicted with the next meeting or caucus meetings. But since we have only one item, we'll try to finish it very quickly by going to item number 13, SB707. Senator Durzao, presentation if you are ready.
- MarĂa Elena Durazo
Legislator
Thank you, thank you. Thank you, Mr. Chair and Members. I want to thank the Committee for all of their hard work and I accept the Committee amendments. Since 1954, The Brown Act has served as a minimum standard for how the public can access their local meetings.
- MarĂa Elena Durazo
Legislator
It mandates that local agencies provide advance notice of their meetings, post an agenda, and ensure these meetings are open and accessible to the public. As technology has improved, the Legislature has made changes to modernize The Brown Act, like adding the ability to teleconference meetings in the late 1980s.
- MarĂa Elena Durazo
Legislator
While there have been several modifications to The Brown Act since. The COVID 19 pandemic helped bring along other technological advancements, local meetings moved to online platforms which helped their Members and the public participate without being in person. The Legislature has carefully drafted teleconferencing flexibility to ensure that public access is not lost along the way.
- MarĂa Elena Durazo
Legislator
However, many communities and governments continue to experience challenges with The Brown Act as technological changes have occurred. Many disabled, working, and non English speaking communities face challenges accessing, accessing public meetings and materials. Additionally, several provisions of The Brown Act sunset on January 1st of this coming year 2026, including key teleconferencing provisions.
- MarĂa Elena Durazo
Legislator
If we do not modernize The Brown Act this year, carefully crafted provisions that local agencies and the and the public rely on may be lost. Members, SB707 is our opportunity to keep these key provisions in place. Expand teleconferencing flexibility in a way that does not compromise transparency. Expand public services.
- MarĂa Elena Durazo
Legislator
This Bill allows local governments to serve their communities better and increase the public's access to meetings, especially our vulnerable communities. When I decided to take on this Bill, I want it to be as collaborative as possible. I wanted to find ways to bring local agencies and public transparency groups together to find solutions.
- MarĂa Elena Durazo
Legislator
While we have made significant progress on that front, we remain committed to working with all sides on an approach that provides flexibility to local agencies while also expanding public access.
- MarĂa Elena Durazo
Legislator
To demonstrate this balanced perspective and show the robust discussions that my staff and stakeholders have had on this important measure, we have the pleasure of hearing from two organizations who are in support if amended. First, we will hear from Brittany Barsotti on behalf of the California News Publishers Association and Cynthia Valencia, legislative advocate with ACLU California Action. Thank you.
- Brittney Barsotti
Person
I guess we're at Good afternoon Madam Chair Members, Brittany Barsotti on behalf of the California News Publishers Association. We are in a support if amended position on this Bill. As the Senator mentioned, there's been discussion on numerous efforts over the last several years to address The Brown Act and to truly modernize it.
- Brittney Barsotti
Person
I believe, I feel very strongly that Senator Durazo's Bill takes into consideration all the conversations that we've had over the last several years. And will provide the comprehensive approach, instead of creating separate bills that provide for carve outs, and would create additional confusion.
- Brittney Barsotti
Person
And also with Senator Durazo's leadership, feel we can resolve our concerns and strike the appropriate balance for transparency and modernization. Thank you. Respectfully urge the aye vote.
- Cynthia Valencia
Person
Thank you and good morning, or good afternoon now Commitee Members. And thank you Chair Durazo for having me. I'm Cynthia Valencia, Legislative advocate with the ACLU California Action and with our coalition partners, we do have a support if amended position on this Bill.
- Cynthia Valencia
Person
What we appreciate about this Bill, is the full scale comprehensive approach and the careful attention to crucial questions about the future of public meetings, as we discussed in this Committee just two weeks ago.
- Cynthia Valencia
Person
We really appreciate the advancements in government transparency and accessibility by requiring city councils and county boards of supervisors to live stream their meetings and guarantees means for remote public comment. We feel like that's extremely crucial.
- Cynthia Valencia
Person
It also requires local governments to put a system in place for interpretation services, and requires that meeting agendas are posted in languages other than English, which is so important for inclusivity. We strongly appreciate the advancements in SB707 and we appreciate the author for continuing discussions and working with all the stakeholders regarding certain provisions.
- Cynthia Valencia
Person
But we do still have some remaining concerns, namely the different levels of flexibility for different types of multi Member bodies. We are concerned with some of the carve outs, that undercut some of the consistent degree of transparency in The Brown Act. We appreciate Senator Durazo for taking on this ambitious Bill.
- Cynthia Valencia
Person
We look forward to continuing discussions with the various stakeholders about how to balance the interests of both public and public officials. And for these reasons, we urge you to vote yes on SB707.
- Danielle Kando-Kaiser
Person
Yes. Good afternoon. Dani Kando-Kaiser on behalf of the First Amendment Coalition, in support of, if-amended, aligning our comments with the testimony from CMPA and ACLU. Also in support of amend position, on behalf of Society of Professional Journalists, Pacific Media Workers Guild, Media Guild of the West, Radio Television Digital News Association, National Press Photographers Association, Latino Journalists of California, Freedom of the Press foundation, and the Orange County Press Club.
- Tracy Rosenberg
Person
Tracy Rosenberg. On behalf of Oakland Privacy and also on behalf of Media alliance, we align our comments with the ACLU, support if amended.
- Danielle Kando-Kaiser
Person
I'm so sorry. Again, Danny Kando Kaiser, on behalf of the California League of Women Voters, in support if amended.
- Steven Choi
Legislator
Anyone else? Okay, going once. Main opposition witness. Take a seat. Okay, state your name and organization and go ahead.
- Jeff Griffiths
Person
Good afternoon. My name is Jeff Griffiths. I am an Inyo County Supervisor and President of the California State Association of Counties. I want to thank Chairwoman Durazo for the opportunity to speak and Vice Chair Choi. CSAC is not in official opposition to this, but we do have some concerns.
- Jeff Griffiths
Person
As local elected officials, we hold The Brown Act very sacred and make lot of, lots of efforts to comply and connect with the community face to face. We believe that those values that were built into The Brown Act are just as valuable today as they were decades ago when it was made.
- Jeff Griffiths
Person
The community that I represent, Inyo county, is 10,000 square miles and a varied terrain from the top of Mount Whitney down to Death Valley. And it can make travel very challenging for folks. And for instance, it took me seven hours to get here for this meeting. And our resources are quite limited. We have less than 2% of private property that's taxable. So we're always concerned about fiscal matters.
- Jeff Griffiths
Person
While we believe that these issues are noble and it is a worthy goal, we do have some technical and some fiscal concerns about some of the requirements; the interpretation services, the two-way audio/visual, streaming, providing computers to the public. In rural and some of our varied communities. This can be technically challenging.
- Jeff Griffiths
Person
And because of Proposition 42, there is no reimbursements to counties and cities and special districts for complying with all of these services. And so we look forward to continuing to work with Senator Durazo and her staff on making this workable for counties.
- Thai Phan
Person
Good afternoon, Chair. Good afternoon, Vice Chair and Members of the Committee. My name is Tai Viet Phan, and I'm speaking on behalf of the League of California Cities today to express our concerns regarding SB707.
- Thai Phan
Person
I currently serve as an appointed City Attorney for the City of Duarte; but I'm also the Santa Ana City Council Member and I sit on the board of the Metropolitan Water District. So I am a practitioner of The Brown Act, and I advise on the Brown Act. I think I'm uniquely qualified to discuss this issue.
- Thai Phan
Person
I share everything that the supervisor has spoken about. But I wanted to bring to light the issue of 'Zoom-bombing' that so many of our local jurisdictions have faced in light of tele-conferencing.
- Thai Phan
Person
We have seen pornographic material, people who use hate speech, and a variety of other language that was disruptive of meetings and prevented local residents from actually making public comments on issues of matters to them. This is particularly disturbing for small agencies that may have 20,000/30,000 residents who are trying to work on issues that are of local jurisdiction.
- Thai Phan
Person
But when there are escalating matters with national and international importance, we have those who do not live in the jurisdiction, who do not have stakes in the jurisdiction, bringing up issues on Zoom, via tele-conference, in order to highlight those matters that would otherwise push out the voices of local residents.
- Thai Phan
Person
I think this is also particularly important for rural jurisdictions when it comes to video streaming. It is really difficult in some areas that don't have the kind of technology that is necessary to continue video streaming. So if a video stream is ended due to technical difficulties, does that mean that the meeting must stop?
- Thai Phan
Person
That would hinder local jurisdictions to continue the work that they need to do. I think this is also really important to address the issue of interpretation. My mom only speaks Vietnamese, so I understand the need for interpretation. The City of Santa Ana has over 75% Latinos, most of whom speak Spanish.
- Thai Phan
Person
However, there is a dearth of qualified interpreters in every county in the State of California. By mandating qualified interpreters for every single situation in which someone requests interpretation, would be detrimental, expensive, and infeasible. So we raise our concern on this issue. Thank you.
- Will Abrams
Person
Thank you very much. I appreciate the laudable efforts of this Bill. My name is Will Abrams. I'm a wildfire survivor, one of the many wildfire survivors that are looking to make public comment within these chambers and in this Committee. And we're in favor of equitable access to provide remote comment.
- Will Abrams
Person
And I am concerned that we're driving the public away from these Committee hearings and relegating them to perhaps some local engagement when they do want to engage here on the very important matters that are before.
- MarĂa Elena Durazo
Legislator
Sorry to interrupt you, the public comments should be your name, and organization, yes or no.
- Will Abrams
Person
Sorry, sir, I apologize. There just wasn't another seat at the table, but I'll wrap up. Thanks very much. I appreciate it.
- Ethan Nagler
Person
Ethan Nagler. I'm with the City Clerks Association of California with a concerned position just around cost and Implementation, but look forward to working with the Commission Committee.
- Dylan Elliott
Person
Thank you. Good afternoon. Dylan Elliot, on behalf of the Kern County Board of Supervisors, in respectful opposition, and we apologize to the Committee for the late delivery of our letter.
- Sarah Dukett
Person
Sarah Dukett, on behalf of the Rural County Representatives of California with concerns, looking forward to working on the Bill with the author.
- Jean Hurst
Person
Jean Hurst here today on behalf of the urban counties of California. We concur with the concerns raised by Supervisor Griffiths and others. Thank you.
- Marcus Detwiler
Person
Good afternoon. Marcus Detwiler with the California Special Districts Association. Pleased to hear about the amendments. Looking forward to working with the author further. Thank you.
- Steven Choi
Legislator
Thank you. Any other? All right, if not, then we'll bring back to our Committee Members and Senator Laird.
- John Laird
Legislator
Thank you. I want to thank everybody for testifying, particularly somebody that came seven hours. Unfortunately, you're a real argument for the ability to have remote testimony. And I think that this Bill moves in the right direction. And the author has really tried to address many issues and there are a number of these moving.
- John Laird
Legislator
I have one for state commissions. We heard the one from Senator Arreguin; and they are starting to align in different ways that have a quorum present or have certain requirements if there's remote participation or even in some cases starting to get the same sunset.
- John Laird
Legislator
And this is dual referred and Senator Durazo and I ,and I think Senator Arreguin and maybe some others will see this in Judiciary next. And I think that it's unfortunate that we don't have all the time in the world, at the end, but I think that the author has made a real commitment to work; has really moved in a way that it was reflected in the testimony and we can continue to have that discussion.
- Christopher Cabaldon
Legislator
Yeah, just a technical question. So, the amendments that were accepted by the author, are they the amendments in comment 8? Or the amendments on pages 8, 9, and 10? Are they all 20 amendments, or the 3?
- Christopher Cabaldon
Legislator
Yeah, I share the concerns of the cities and the counties and I think that part of the issue here, and I wish we had longer time, but we also had the informational hearing that the Committee devoted so many hours to as well. So a lot of these have been probed. But I think the other consideration for me is also the, and the New York Times and many others have reported on this and validated, how hard it is to recruit people to serve.
- Christopher Cabaldon
Legislator
And it is for many of the issues that were described here; the doxing, the 'Zoom- bombing', but also our predilection that, like, if one hearing is great, then five hearings is even better. And then we heard, you know, I serve on 16 different boards as a City Council Member.
- Christopher Cabaldon
Legislator
We are creating a position with an idea that it's such an honor to serve that you should devote your entire, every waking hour and moment, to it. That is really diminishing the representativeness of our government as well. So I-...
- Christopher Cabaldon
Legislator
-We need a Bill in the space, and I'm going to lay off this one today. Because I think the author is working really hard on it. But I think these are very big concerns in my district around, implementation and costs. And we need to resolve them as we go forward. And I'm looking forward to supporting the Bill, as it evolves and gets to the floor.
- Kelly Seyarto
Legislator
I'm going to support your Bill today, but there is a lot of work to be done on it to address the concerns of the cities and counties, and all those public agencies. I've heard good arguments on both sides, but using technology to advance the ability for people to participate is a good thing.
- Kelly Seyarto
Legislator
But there are some pratfalls to that, and I'm hoping those are addressed by the time it gets to the floor. Thank you.
- MarĂa Elena Durazo
Legislator
Yes. Thank you. And thank you to all my colleagues. You've made your points today and also in other conversations. So I really appreciate that and I really appreciate our witnesses here today, because nobody's, you know, against the other one. Everybody's trying to figure out how to do this. How do you incorporate technology?
- MarĂa Elena Durazo
Legislator
How do you. We already had a taste of it. We know what it's like. But how do you also, at the same time, make sure that, you know, people feel it's still a democracy, that they could look, as someone said, in the eyes of our elected officials. So we have a lot to try to incorporate.
- MarĂa Elena Durazo
Legislator
I would appreciate your support so that we can move this forward. And it may not look exactly the way it does today. Hopefully it doesn't. That's why there's conditions on this, on this support. But with that, I ask for your aye vote. Thank you all very much.
- Steven Choi
Legislator
Thank you. Did I have a motion? Okay. Senator Laird, I made the motion. Thank you. Now, Clerk, would you please call the room?
- Committee Secretary
Person
The motion is due pass, as amended, to the Committee on Judiciary. Senators: Durazo? Aye. Durazo, aye. Choi? Abstain. Arreguin? Aye. Arreguin, aye. Cabaldan? Laird? Aye. Laird, aye. Seyarto? Aye. Seyarto, aye. Four, Zero, the Bill is on call.
- MarĂa Elena Durazo
Legislator
Okay, the meeting is gonna be on call. On. Okay, I want to restate. Local government is in recess and will reconvene in Room 2100 upon the adjournment of banking and financial institutions. Thank you.
- MarĂa Elena Durazo
Legislator
Okay. Is it 60 seconds? The Senate local government Committee is back from recess. As a reminder, we are now in room 2100 of the O Street building. I ask all Members of the Committee be present in room 2100 so we can lift calls and close the roll. We have seven bills on call along with the consent calendar.
- MarĂa Elena Durazo
Legislator
First. We'll call. We'll call roll on the consent calendar, which is item numbers 1671415 and 16. The motion to adopt motion is adopt the consent calendar. The vote is 40. Chair voting Aye. Assistant, please call the absent Members.
- MarĂa Elena Durazo
Legislator
The next Bill on call. 6. The vote is 60 and it's back on call. The next Bill on call is file item 2. The motion is do pass as amended to the Committee on appropriations. The vote is 4 to 1. Assistant, please call the absent Members.
- MarĂa Elena Durazo
Legislator
Measure on call 42. 42. The next next up is item file. File item number five. The motion is do pass to the Committee on appropriations. The vote is five to one. Okay. Please call the absent Members. He is still absent. Next up is file item 8. The motion is do pass as amended to the Committee on appropriations. The vote is 30. Assistant, please call the absent Members.
- MarĂa Elena Durazo
Legislator
The vote is 60 and remain on call. Next up is file item 10. Motion is do passes amended to the Committee on Judiciary and the vote for two. Assistant, please call the absent Members. zero, I'm sorry. Is this one. I. I skipped. Okay. Sorry. I skipped it. The next Bill is file item 9.
- MarĂa Elena Durazo
Legislator
The motion is do pass to the Committee on Judiciary. The vote is 30. Assistant, please call the absent Members.
- MarĂa Elena Durazo
Legislator
The vote is 60. Remains on call. Next up is file item 10. The motion is do pass as amended to the Committee on Judiciary. The vote is 4-2. Assistant, please call the absent Members.
- MarĂa Elena Durazo
Legislator
The vote is 5-2 and the Bill is out. Okay. And the last Bill. Next up is file item 12. The motion is due. Pass as amend to Committee on Public safety. The vote is 42. Assistant, please call the absent Members.
- MarĂa Elena Durazo
Legislator
Okay. The vote is 52 and the Bill is out. And the last Bill is file item 13. The motion is do pass as amended to the Committee on Judiciary. The vote is 4. 0. Assistant. Please call the absent Members.
- MarĂa Elena Durazo
Legislator
Okay, the vote is 5-2. The 5- 0. The vote is 50 and its Bill is out. You're. You're. You can go. You can go play now. Okay, so we go back. Tell me which ones to start. The consent. Did you do consent? Start with consent. Okay, we are on the consent calendar. The motion is. Adopt the consent calendar. The vote is 4. 0. Assistant. Please call the absent Members. The vote is 60. Please call the absent Members.
- MarĂa Elena Durazo
Legislator
Vote is 7-0. The Bill is out. Okay, two. Next Bill on call is file item two. The motion motion is due. Passes amended to the Committee on Appropriations. The vote is 4. 2. Please call the absent Members. The chair is voting ayes.
- MarĂa Elena Durazo
Legislator
Is it Five. File item. File item five. The motion is due. Pass to the Committee on Appropriations. The vote is 5. 1. Assistant. Please call the absent Members.
- MarĂa Elena Durazo
Legislator
The vote is six, One. The bill's out. Bill goes out. Bill is up. Bill is out. Eight. Okay. File item eight. The motion is due. Pass as amended to the Committee on Appropriations. The vote is 6. 0. Please call the absent Members.
- MarĂa Elena Durazo
Legislator
Okay, the Bill. The vote is 72. 70. The bill's out. The Bill is out. And we're on next. Nine. Nine. The next Bill is item nine. The motion is due. Pass to the Committee on Judiciary. The vote is 60. 60. Assistant please call the roll
- MarĂa Elena Durazo
Legislator
The vote is 7-0. The Bill is out. Which one is next? That's it. That's it. Okay. Thank you, Senator. All right. Thank you, Senator. Okay. Thank you to all the individuals who participated in public testimony today.
- MarĂa Elena Durazo
Legislator
If you were not able to testify today, please submit your comments or suggestions in writing to the Senate Local Government Committee or visit our website. Your comments and suggestions are important to us, and we want to include your testimony in the official hearing records. Thank you. We appreciate your participation. We have concluded the agenda. The meeting is adjourned.
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